Terms and Conditions
Last Updated: May 18, 2023
Thank you for using StowHere!
You acknowledge and agree that you are subject to the following terms and conditions, as well as our Privacy Policy, which also governs your use of the Site, and is incorporated by reference. These Terms and Conditions with the Privacy Policy shall be referred to as the “Terms“ and are a binding legal agreement between you and StowHere Inc. that govern your use of the websites, applications, and other offerings (“Site”) from /StowHere!/ (collectively, the “StowHere! Platform”). When used in these Terms, “StowHere Inc.” “StowHere!,” “we,” “us,” or “our” refers to the StowHere! with whom you are contracting. The term “you“ refers to the user visiting the Site, listing a Storage Space, and/or requesting a reservation on this Site, or our customer service agents.
Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court. If you do not fully agree to these Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. You are not authorized to use this Site unless you are at least 18 years of age and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. Under these Terms, “use“ or “access“ of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term “Site“ includes, without limitation, any cached version thereof.
The StowHere! Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Owners” and Members who search for, book, or use services are “Renters.” Owners offer storage (“Storage Space”) for Stored Items, garage bays with tools and equipment (“Work Bay”), and each Rental Service offers, a listing (“Listing”). The term “Stored Items” refers to vehicle(s), recreational vehicle(s), trailer(s), motorcycle(s), boat(s), and/or other property of the Renter that are stored in the Owner’s Storage Space.
We are not a party to any rental or other agreement between users. As the provider of the StowHere! Platform, StowHere! does not own, control, offer or manage any Listings or Storage Rentals. StowHere! is not a party to the contracts concluded directly between Owners and Renters, nor is StowHere! a real estate broker or insurer. StowHere! is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”).
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the StowHere! payment entities (“Payment Services“).
Members further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their Storage Spaces and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental units listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
We cannot, and do not assume any responsibility for, the confirmation of each Member’s purported identity. We encourage you to communicate directly with the Renter or Owner through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other Member’s identity, Storage Space and relevant details of your booking or proposed booking.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
Renter Terms
Searching and Booking on StowHere!.
Searching. You can search for Storage Rentals by using criteria like the type, location, required dates, and number of units of Storage Spaces or Work Bays. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service, popularity, and saved Listings, Owner requirements (e.g. minimum or maximum days), and more. Any part of an actual or potential transaction between a Renter and a Owner, including the quality, condition, safety or legality of the units advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any Renter or Storage Space/Work Bay), the ability of Owners to rent Storage or the ability of Renters to contract for units are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and StowHere! or one of its affiliates may place additional restrictions on your booking or service.
Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like StowHere!’s service fees, commissions, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Payment Services may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Storage Rentals (sometimes called a reservation in these Terms) is formed directly between you and the Owner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Owner. Be aware that some Owners work with a co-owner or as part of a team to provide their Storage Rentals.
Storage Space Reservations. A Storage Space reservation is a limited license to enter, occupy, and use the Storage Space. The Owner retains the right to re-enter the Storage Space during your occupancy, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Owner, and (iii) consistent with applicable law. If you occupy the space past the agreed-upon end date, the Owner has the right to make you vacate in a manner consistent with applicable law, including by imposing reasonable overstay penalties. The standard checkout time is 5:00 pm local time on the end date unless a variance has been agreed upon with the Owner during the booking process.
Reservations for Work Bay Rentals. Work Bay Rentals give Renters the opportunity to utilize an auto garage space which may or may not include special tools and automotive equipment needed for mechanical repairs and/or modifications. StowHere! Work Bay Rentals provide the opportunity for Owners to rent such facilities to Renters. You are responsible for confirming that you possess the proficiency, fitness, or other requirements needed to perform such mechanical repairs. You are responsible for enquiring with the Owner of any special equipment which might be required to perform your tasks prior the booking of a Work Bay. Except where expressly authorized, you may not allow any person to participate with you within a Owner’s Work Bay unless they are explicitly identified and agreed upon during the booking process.
Cancellations, Refunds and Booking Modifications.
Cancellations, and Refunds. In general, if as a Renter you cancel a reservation, the amount refunded to you is determined by the Owner’s cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If the Owner cancels, you may be eligible for rebooking assistance or a full refund.
Booking Modifications. Renters and Owners are responsible for any booking modifications they agree to make via the StowHere! Platform or direct StowHere! customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
Failure to Vacate, and Abandoned Property.
If a Renter does not vacate by the end of the agreed-upon booking period, the Owner (at the Owner’s sole discretion) has the right to force vacate the Renter in a manner consistent with applicable law and/or assess to the Renter penalties of up to 1.5 times the current daily price for each day after the originally booked duration of the Storage Space.
Renter agrees that any property left by the Renter after a booking period has ended, is canceled, or is terminated (the “End Date”), after a period of 60 days past the End Date shall be deemed abandoned, and Renter relinquishes all rights to such property. StowHere! and/or Owner may remove and/or dispose (including through a sale) of any items left or abandoned in the Storage Space by Renter. Renter shall be responsible for paying all costs incurred by StowHere! and/or Owner in removing or disposing of such property. Renter waives and releases any and all claims or actions against StowHere! and Owner for removing or disposing of abandoned property.
Your Responsibilities and Assumption of Risk.
Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Storage Space. For example, this means: (i) you are responsible for leaving a Storage Space (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional renter who is a minor or if you bring a minor to a Work Bay, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the StowHere! Platform and any Content, including your use and occupancy at any Storage Space, participation in the utilization of a Work Bay and equipment belonging to you or the Owner, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Owner Service to determine whether it is suitable for you. For example, Storage Rentals and Work Bays may carry risk of bodily injury, disability, illness, or death, and you freely and willfully assume those risks by choosing to participate in those Storage Rentals and Work Bays.
Owner Terms
Hosting on StowHere!
Owner. As the Owner, StowHere! offers you the opportunity to share your Storage Space, Work Bay, or other Rental Service with our community of Renters – and earn money doing it. It’s easy to create a Listing and you are in control of how you list – set your price, availability, and rules for each Listing.
Contracting with Renters. When you accept a booking request, or receive a booking confirmation through the StowHere! Platform, you are entering into a contract directly with the Renter and are responsible for delivering your Rental Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like StowHere!’s service and commission fee (and applicable taxes) for each booking. Payment Services will deduct amounts you owe from your payout. Any terms, policies or conditions that you include in any supplemental contract with Renters must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
Independence of Owners. Your relationship with StowHere! is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of StowHere!, except that Payment Services acts as a payment collection agent as described in the Payments Terms. StowHere! does not direct or control your Rental Service, and you agree that you have complete discretion whether and when to provide Storage Rentals and Work Bay Rentals, and at what price and on what terms to offer them.
Managing Your Listing.
Creating and Managing Your Listing. The StowHere! Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Rental Service, your price, other charges like cleaning fees, security deposits, and any rules or requirements that apply to your Renters or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and authentic at all times. Users are solely responsible for obtaining appropriate insurance for your Storage Rentals and Work Bay Rentals and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Storage Space but may have multiple Listings for a single property if it has multiple Storage possibilities. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a Owner’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such member’s listing from the Site (for example, and without limitation, if a Owner double-books a property for multiple Renters on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the storage and garage/shop industry or in an online marketplace engaging in the sharing economy, if we determine or suspect that the Owner’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such Owner’s listing(s) or subscription(s) without notice to the Owner and without refund. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of the StowHere!, we reserve the right to terminate such Owner’s listing(s) or subscription(s) immediately without refund.
Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listings, Storage Rentals, and Work Bay Rentals. For example: Some landlords and leases, or homeowner and condominium association rules, restrict parking, vehicle storage, or prohibit subletting, short-term rentals and/or longer-term occupancies. Some cities have zoning or other laws that restrict vehicle parking. In some places, the Storage Rentals you want to offer may be prohibited altogether. Some jurisdictions have laws that create tenancy rights for Renters and additional obligations for Owners. Check your local rules to learn what rules apply to the Storage Rentals and Work Bay Rentals you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations.
As a Owner you will receive and use Renters personal information to manage your reservations and deliver your Rental Service. Please remember that you are responsible for complying with applicable privacy laws when you handle and process personal information. You should only use personal information you receive through the StowHere! Platform as necessary to manage your reservations and deliver your Rental Service. You may not encourage or require Renters to: open an account, leave a review, or otherwise interact, with a third-party website, application or service before, during or after a reservation, unless authorized by StowHere!.
If you have questions about how local laws apply you should always seek legal advice.
Search Ranking. The ranking of Listings in search results on the StowHere! Platform depends on a variety of factors, including these main parameters:
§ Renter search parameters (e.g. number of Renters, time and duration of the trip, price range),
§ Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Rental Service, Owner status, age of the Listing, average Renter popularity),
§ Renter booking experience (e.g. customer service and cancellation history of the Owner, ease of booking),
§ Owner requirements (e.g. minimum or maximum days, booking cut-off time), and
§ Renter preferences (e.g. previous trips, saved Listings, location from where the Renter is searching).
Search results may appear different on our mobile application than they appear on our website. StowHere! may allow Owners to promote their Listings in search or elsewhere on the StowHere! Platform by paying an additional fee.
Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Storage Rentals and Work Bay Rentals. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the StowHere! Platform. Do not encourage Renters to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the StowHere! Platform.
Listing as a Business or Organization. If you work with and/or owner as part of a business, or other organization, the entity and each individual who participates in providing Storage Rentals and Work Bays is responsible and liable as a Owner under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions.
Your Assumption of Risk. You acknowledge that renting property carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the StowHere! Platform, offering Storage Rentals, Work Bays, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the StowHere! Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Storage Rentals and that you are not relying upon any statement of law made by StowHere!.
Cancellations, and Booking Modifications.
Cancellations. In general, if a Renter cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a Owner, you should not cancel on a Renter without a valid reason. If you cancel on a Renter without such a valid reason, we may impose a cancellation fee and other consequences. If a Renter receives a refund after you have already been paid, or the amount of the refund and other costs incurred by StowHere! exceeds your payout, StowHere! may recover that amount from you, including by offsetting the refund against your future payouts. If we reasonably expect to provide a refund to a Renter, we may delay release of any payout for that reservation until a refund decision is made.
Booking Modifications. Owners and Renters are responsible for any Booking Modifications they agree to make via the StowHere! Platform or direct StowHere! customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
Taxes.
Owner Taxes. As a owner, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable taxes, occupancy taxes, or income (“Taxes“).
Collection and Remittance by StowHere!. In jurisdictions where StowHere! facilitates the collection and/or remittance of Taxes on behalf of Owners, you instruct and authorize StowHere! to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by StowHere! are identified to Members on their transaction records, as applicable. StowHere! may seek additional amounts from Owners (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Owners’ tax obligations, and you agree that your sole remedy for Taxes collected by StowHere! is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Owners, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that StowHere! may issue on your behalf invoices or similar documentation for TAXES, consumption or other Taxes for your Storage Rentals or Work Bays to facilitate accurate tax reporting by you, our Renters, and/or their organizations.
Participation in Interactive Marketplaces
Reviews.
After each Rental Service, Renters and Owners will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language. Reviews are not verified by StowHere! for accuracy and may be incorrect or misleading.
Content.
Parts of the StowHere! Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant StowHere! a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant StowHere! the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Discriminatory, obscene, harassing, deceptive, violent, and illegal content is prohibited.
Fees
StowHere! may charge fees (and applicable Taxes) to Owners and Renters for use of the StowHere! Platform. We charge a service fee payable by renters who book a Storage Space or Work Bay and a commission fee for the rental of the listing. The service and commission fees cover the use of the Site, including such features as user support, and is calculated as a variable percentage of the total reservation amount (which may or may not include additional fees, taxes and damage deposits). Depending on the laws of the jurisdiction of the renter and/or member, taxes may be charged on top of the service fee and commission fees. The exact service fee (and any taxes, if applicable) charged will be displayed to renters at the time of booking. The service and commission fee plus applicable taxes will be charged after both the renter and member accept the reservation. The service fee and commission fee will only be refunded in the event a renter is entitled to a refund of the entire rental amount under the terms of the cancellation policy presented in the listing. Any taxes alleged to be owed by any taxing authority on the service and commission fee are the responsibility of StowHere! and members have no responsibility for any such claimed tax liability. Members agree not to encourage or advise a renter to avoid or circumvent the service and commission fee charged by StowHere!.
Except as otherwise provided on the StowHere! Platform, service and commissions fees are non-refundable. StowHere! reserves the right to change the service and commission fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change.
StowHere! Platform Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules.
§ Do not lie, misrepresent something or someone, or pretend to be someone else
§ Act with integrity and treat others with respect
§ Be polite and respectful when you communicate or interact with others
§ Do not discriminate against or harass others
§ Do not scrape, hack, reverse engineer, compromise or impair the StowHere! Platform
§ Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the StowHere! Platform
§ Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the StowHere! Platform or Content
§ Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the StowHere! Platform
§ Do not take any action that could damage or adversely affect the performance or proper functioning of the StowHere! Platform
§ Only use the StowHere! Platform as authorized by these Terms
§ You may only use another Member’s personal information as necessary to facilitate a transaction using the StowHere! Platform as authorized by these Terms
§ Do not use the StowHere! Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent
§ You may use Content made available through the StowHere! Platform solely as necessary to enable your use of the StowHere! Platform as a Renter or Owner.
§ Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us
§ Do not request, make, or accept a booking or any payment outside of the StowHere! Platform to avoid paying fees, taxes or for any other reason
§ Do not require or encourage Renters to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a reservation, unless authorized by StowHere!
§ Do not engage in any practices that are intended to manipulate our search algorithm
§ Do not book Storage or Work Bay Rentals unless you are actually using the Storage or Work Bay Rentals
§ Do not use, copy, display, mirror or frame the StowHere! Platform, any Content, any StowHere! branding, or any page layout or design without our consent
§ Honor your legal obligations
§ Understand and follow the laws that apply to you, including privacy, and data protection
§ If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
§ Do not use the name, logo, branding, or trademarks of StowHere! or others without permission
§ Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with StowHere! branding
§ Do not offer Storage or Work Bay Rentals that violate the laws or agreements that apply to you.
Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting StowHere!. In addition, if you believe that a Member, Listing or Content impacts safety, security, fairness, authenticity, or reliability, you should report your concerns to us at StowHere!. If you reported an issue to local authorities, StowHere! may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
Copyright Infringement. We respect the intellectual property rights of others, and StowHere! does not permit, condone or tolerate the posting of any content on the Site that infringes any person’s copyright. StowHere! will terminate, in appropriate circumstances, a member or listing who is the source of repeat infringement of copyright.
Termination & Suspension. The agreement between you and StowHere! reflected by these Terms is effective when you access the StowHere! Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. StowHere! may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. StowHere! may also terminate this agreement immediately and without notice and stop providing access to the StowHere! Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect StowHere!, its Members, or third parties. If your account has been inactive for more than one year, we may terminate your account without prior notice.
If, in our sole discretion, any Member submits unsuitable material to our Site or into our database, is not abiding by local regulations and is creating a nuisance in its community, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to limit the Member’s use of the Site.
Effect of Termination. If you are a Owner and terminate your StowHere! account, any confirmed booking(s) will be automatically cancelled, and your Renters will receive a full refund. If you terminate your account as a Renter, any confirmed booking(s) will be automatically cancelled, and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the StowHere! Platform has been limited, or your StowHere! account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the StowHere! Platform through an account of another Member.
General
Parts of these Terms that by their nature survive termination, will survive termination of this agreement. This version of the Terms became effective on the date set forth above and this version amends the version effective before such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
Damage and Theft Claims.
If a Member provides evidence that another Member damaged their real or personal property (“Damage Claim”), the complaining Member can escalate a Damage Claim to StowHere!. The other Member will be given an opportunity to respond. If the responding Member agrees to pay, or StowHere! determines in its sole discretion that they are responsible for the Damage Claim, StowHere! will collect any sums required to cover the Damage Claim from the responding Member’s security deposit (if applicable). Unless as otherwise indicated below, Owners are responsible for damages to Renter’s property which are caused by the Owner (or as a result of gross negligence on the part of the Owner) while in the Owners’ possession. Owners are encouraged to account, via their owns means, the state of the Renter’s property upon move-in. Renters agree to indemnify Owner for all damage caused to the property of the Owner by a Stored Item. This includes, but is not limited to, damage caused as a result of improperly Stored Items, modified Stored Items, or additional items which are attached by the Renter to a Stored Item.
StowHere! encourages both Owners and Renters to carry insurance and exercise precautions to prevent and account for theft. Except in the case of gross negligence on the part of the Owner, the Owner is not responsible for Renter’s property that is lost or damaged due to theft or attempted theft. Should theft of a Renter’s property occur, StowHere! recommends that local law enforcement become involved and police reports are filed according to local jurisdictions.
All Members agree that StowHere! may seek to recover from you under any insurance policies you maintain and that StowHere! may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, and provide any information StowHere! requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Storage Rentals or Work Bay Rentals.
StowHere! and Owner members are indemnified of any damage or loss to a Renter’s property resulting from any act of God, war, civil commotion, terrorism, fire, flood, tornado, hail, ice, snow, earthquake, or any other natural disaster, or any other cause beyond reasonable control, and that All Members hold each other harmless for further performance of any obligations or further service under this agreement.
StowHere!’s Role.
We work hard to ensure our Members have great experiences using StowHere!; however, we do not and cannot control the conduct of Renters and Owners. You acknowledge that StowHere! has the right, but does not have any obligation, to monitor the use of the StowHere! Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to:
§ operate, secure and improve the StowHere! Platform (including for fraud prevention, risk assessment, investigation and customer support purposes)
§ ensure Members’ compliance with these Terms
§ comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body
§ address Content that we determine is harmful or objectionable
§ take actions set out in these Terms; and
§ maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria.
Members acknowledge and agree that StowHere! administers its policies and standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist StowHere! in good faith, and to provide StowHere! with such information and take such actions as may be reasonably requested by StowHere! with respect to any investigation undertaken by StowHere! regarding the use or abuse of the StowHere! Platform. StowHere! is not acting as an agent for any Member except for where StowHere! acts as a collection agent as provided in the Payments Terms. In no event will StowHere! be held liable or responsible for damage of any kind of one Member to another, whether that be damage to the property of a Renter or to a Owner. StowHere! provides the Damage Claims process as outlined above as a service for assisting in resolving conflicts, but in no way does this make StowHere! a party to or liable for such claims.
Member Accounts.
You represent and warrant that you are not a person or entity forbidden from using the StowHere! Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide authentic, current, and complete information during registration and keep your account information accurate and up to date.
Disclaimers.
WE PROVIDE THE STOWHERE! PLATFORM AND ALL CONTENT “AS IS” WITHOUT WARRANTY OF ANY KIND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
Limitation of Liability.
IN NO EVENT WILL STOWHERE!, OR ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON THE STOWHERE! PLATFORM BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER-CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD-PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF STOWHERE!, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
Indemnification.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF STOWHERE!, AND ITS PARENT COMPANY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF STOWHERE!, AND ITS PARENT COMPANY (COLLECTIVELY, THE “INDEMNIFIED PARTIES“) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
United States Governing Law and Venue.
These Terms will be interpreted in accordance with the laws of the State of Texas, without regard to conflict-of-law provisions. Judicial proceedings must be brought in state or federal court in Austin, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Austin, Texas.
Remedies, Dispute Resolution, and Arbitration Agreement.
Remedies. If Renter is in default as to any of these Terms in this agreement, StowHere! may, in addition to any other remedies it may have as provided in these Terms, at law, or in equity, exercise one or more of the following remedies:
- Deny Renter access to the Storage Space or Renter’s property until such default is cured;
- Terminate Renter’s Booking by giving Renter three (3) days’ notice to vacate. If Renter fails to vacate and StowHere! files an eviction lawsuit, Renter will pay StowHere!’s attorneys’ fees and court costs plus a reasonable judicial eviction charge for StowHere!’s time, inconvenience and overhead for filing the eviction suit in the amount of $1000;
- Enforce any lien, whether such lien is statutory or contractual, including the Lien described herein, held by Owner or StowHere!, by seizure and disposal (including but not limited to a sale) of all Stored Items and any other personal property in the Storage Space, pursuant to these Terms, or applicable laws, rules and regulations, or by nonjudicial foreclosure under the Owner’s local and state law, as long as applicable payment and/or fees have not been paid for a period of 60 consecutive days or upon failure to comply with notice from Owner and/or StowHere! to vacate the Storage Space after 60 days from the Owner providing notice to vacate or any other period prescribed by applicable law. StowHere! may accept partial payments but only payments in full, including applicable fees and costs, will stop enforcement of Owner’s or StowHere!’s lien, including the Lien. If the Renter’s property includes one or more Stored Items, Renter hereby agrees that StowHere! may, pursuant to these Terms and applicable laws, rules, and regulations, (i) sell such Stored Items, or (ii) tow such Stored Items, or have such Stored Items towed by a third party chosen in StowHere!’s sole discretion off of Owner’s property. Sale of the Stored Items in the Storage Space may be accomplished using an online storage auction. Renter waives any claims, statutory or otherwise, arising out of any allegation that the removal and/or disposal of the Stored Items as provided herein was contrary to any law, rule, or regulation related to the disposition of the Stored Items.
- In cases of emergency or exigent circumstances, including but not limited to, cases of health and safety and blockage of access ways, StowHere! may immediately remove and dispose (including through a sale) of the Renter’s property.
- Charge or recover from Renter all fees and expenses incurred by Owner and/or StowHere! as a result of Renter’s default, and Renter agrees to pay such fees and expenses.
Assignment Of Remedies. StowHere! may assign its remedies, including the remedies set forth herein and any other remedies available to StowHere!, to Owner or any other third-party.
Removal Of Lock/Security Device. In addition to, and in connection with, the remedies set forth above, StowHere! may remove or cause to be removed any lock or security device used by Renter to secure its Stored Items.
Owner Cooperation. In the event of a default by a Renter, the Owner may reasonably restrict Renter’s access to the Storage Space. Owner must cooperate with StowHere! and third-party service providers retained by StowHere! in any eviction, sale, auction, or other proceeding against a Renter, including removing Renter’s property from the Storage Space, and must provide requested information (e.g., photos of the items) to StowHere! in a timely manner upon request. The Owner must also provide access to the Storage Space as requested by StowHere!, including for the new owner of any contents that have been auctioned to a third party and third-party service providers (such as property removal and towing agencies). If the Owner fails to comply with these requirements in a timely and responsive manner, Owner shall be responsible for any eviction and removal of property, and StowHere!’s is to be indemnified and held harmless from any further obligation of remedies.
Overview of Dispute Resolution Process. StowHere! is committed to participating in a consumer-friendly dispute resolution process. Beyond informal negotiation directly with StowHere!’s customer service, Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, users or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed upon location.
By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim
Prior to beginning an arbitration proceeding, you must send a letter describing your Claims to “StowHere! legal at info@stowhere.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration decision may be confirmed by any court with competent jurisdiction.
Miscellaneous.
We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Third-Party Services. The StowHere! Platform may contain access to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. StowHere! is not responsible or liable for any aspect of such Third-Party Services.
Unauthorized Use of the Platform. Content made available through the StowHere! Platform may be protected by copyright, trademark, and/or other laws of the United States. You acknowledge that all intellectual property rights for that Content are the exclusive property of StowHere! and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any content accessed through the StowHere! Platform except to the extent you are the legal owner of that content or as expressly permitted in these Terms. Subject to your compliance with these Terms, StowHere! grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to
§ download and use the Application on your personal device(s); and
§ access and view the Content made available on or through the StowHere! Platform and accessible to you, solely for your personal and non-commercial use.
Contact Us. If you have any questions about these Terms please email us.
© 2023 StowHere!, Inc.