Terms & Conditions
TERMS AND CONDITIONS OF USE
- 1. Terms of Service.
- (a) General Services Offered by SBO.
- (i) StorageByOwner, LLC, a California limited liability company (“SBO”) would like to thank our guests, hosts (“Host(s)”), renters (“Renter(s)”), and other users (collectively, including Hosts and Renters, the “User(s)”) for being an SBO User. Any User, person or entity who interacts with the Site in any manner, including, but not limited to, inactions through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be a “User.” SBO is a peer-to-peer storage platform or marketplace that provides Renters and Hosts the opportunity to meet online and arrange for bookings of storage areas including, but not limited to, basements, garages, attics, closets, sheds, storage units, driveways, or other spaces ("Storage Area(s)"). SBO does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control any properties or Storage Areas. SBO's responsibilities are limited to: (i) facilitating the availability of the Site and (ii) processing and accepting payments from Renters, Hosts and/or User.
- (ii) As used in these Terms & Conditions, references to SBO’s "Affiliates" include SBO’s owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, managers, members, agents, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and offerings available on this Site.
- (b) Applicable to All SBO Sites. SBO, its family of websites (“Websites”), mobile sites, applications, widgets, and other mobile interactive features (collectively “Applications”), official social media pages that we control (“Social Media”), as well as through HTML-formatted email messages that SBO sends to Users (collectively, including the Social Media, Applications and Websites, the “Site(s)”) provides its SBO services to Users and customers subject to the Terms and Conditions provided herein ("Terms & Conditions").
- (c) Agreement to be Bound. By using this Site for any purpose, each User agrees to be legally bound by these Terms & Conditions. Any User that does not wish to be bound by these Terms & Conditions, must immediately exit the Site and discontinue further use. A User’s sole remedy for dissatisfaction with this Site or these Terms & Conditions is to cease using the Site. These Terms & Conditions are effective once a User clicks the “I AGREE” button or upon use of the Site. Any User accepting or agreeing to these Terms & Conditions on behalf of a company or other legal entity, represents and warrants that they have the authority to bind that company or other legal entity to these Terms & Conditions and, in such event, “User”, “Host”, or “Renter” will refer and apply to that company or other legal entity, and its successors and assignors.
- (d) Amendment or Modification of Terms & Conditions. SBO, in its sole and absolute discretion reserves the right to amend, modify and or revise these Terms & Conditions from time to time with or without notice to any User. Users acknowledge and agree that it is each Users responsibility to periodically review this Site and these Terms & Conditions. Each User’s continued use of this Site after such amendments, modifications or revisions will constitute his, her or its acknowledgement and acceptance of the modified Terms & Conditions.
- (e) SBO NOT A PARTY. YOU UNDERSTAND AND AGREE THAT SBO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, NOR IS SBO A BROKER, AGENT, INSURER, ESCROW AGENT OR OWNER OR OPERATOR OF PROPERTIES. SBO HAS NO CONTROL OVER THE CONDUCT OF HOSTS, RENTERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY.
- (f) THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF STORAGE AREAS. SBO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY STORAGE AREA. SBO IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE CONTENT OF ANY LISTING.
- (g) The Site is intended for use by individuals eighteen (18) years of age or older. If any User is under the age of eighteen (18) access to the Site is strictly prohibited, unless such User is assisted and accompanied by their parent or legal guardian. By accessing or using the Site each User represents and warrants that they are eighteen (18) years of age or older.
- 2. ACCOUNT REGISTRATION AND TERMINATION
- (a) Hosts and Renters are required to register with SBO and create an account in order use the services on the Site. A Host or Renter’s account and profile page shall be based upon the personal information provided to SBO by such Host or Renter. It is very important that Hosts and Renters provide complete and accurate information when registering for their account. To ensure this, each Host and Renter warrants and represents to SBO and the Site’s other Users that all information provided by Host and Renter during the registration of their respective account is one hundred percent (100%) accurate and constantly updated as necessary. A Host or Renter may not have more than one (1) active account. If any information provided during the registration of a Host or Renter account or any time thereafter proves to be inaccurate, not current or incomplete, such Host’s or Renter’s account may be suspended or terminated by SBO, in its sole and absolute discretion. Termination of an account may result in forfeiture and destruction of all information associated with your account.
- (b) Host’s and Renter’s user name and password are for each Host’s and Renter’s personal use only and each Host and Renter agrees not to disclose their password to any third party. Any Host or Renter that uses the Site, acknowledges and agrees that they are responsible for maintaining and safeguarding the confidentiality of their own account and password and for restricting access to their computer, and each Host and Renter agrees to accept sole responsibility and liability for all activities that occur under their account or password whether or not they have authorized such activities or actions.
- (c) A Host or Renter must be eighteen (18) years of age in order to use the Site and register an account. Each Host and Renter must provide valid government issued photo identification in creating an SBO User account.
- (d) With respect to any Host or Renter account registration, SBO in its sole and absolute discretion and without liability to any Host or Renter, with or without cause, with or without prior notice and at any time and for any reason may: (1) refuse to grant any Host or Renter the user name he, she, or it requests; (2) terminate these Terms & Conditions or any Host or Renter’s access to the Site and its services; (3) deactivate, suspend, terminate or cancel a Host or Renter account; and (4) refuse service to any Host or Renter. Upon any such termination. In the event SBO terminates these Terms & Conditions, or a Host or Renter’s access to the Site and its services or deactivates or cancels a Host or Renter’s account, that User’s right to use the Site and SBO’s services will immediately cease and such Host or Renter will remain liable for all amounts due hereunder. Users agree that SBO shall not be liable to any User or any third party for any termination of a User’s use of, or access to the Site. All provisions of these Terms & Conditions which are by its nature intended to survive termination, including, but not limited to, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination. A Host or Renter may cancel their registered account at any time via the “Cancel Account” feature or by sending an email to firstname.lastname@example.org. Please note that if a Host or Renter account is cancelled, SBO does not have an obligation to delete or return to such Host or Renter any Content they have posted to the Site, including, but not limited to, any reviews or feedback.
- (e) Renter Information. It is the Host’s sole right to check the Renter's background, credit history and/or criminal history and refuse to rent to Renter, or terminate Renter's booking of the Storage Area, as the case may be, upon receipt of such information. SBO also reserves the right to perform these same background, criminal history or credit checks but will not take responsibility for them and each Host and Renter hereby releases and hold SBO harmless from any and all liability resulting from Host’s performance or failure to perform, such checks, or from Hosts actions upon receiving background information on Renter.
- (f) No Representations or Warranties Regarding Information Accuracy. SBO DOES NOT PROMISE THAT THIS SITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THIS SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, SBO AND THE SBO AFFILIATES MAKE NO REPRESENTATION OR WARRANTY (a) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THIS SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THIS SITE AND/OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- 3. Booking and Financial Terms
- (a) Hosts.
- (i) If a Renter requests a booking of a Host’s storage area Listing through the Site (“Storage Area”), such Host will be required to either confirm or reject the booking within twenty-four (24) hours of when the booking is requested (as determined by SBO in its sole and absolute discretion) or the booking request will be automatically cancelled. When a booking is requested through the Site, Renter shall provide Host with the following information: (1) the first and last name of the potential Renter making the request; (2) an itemized disclosure of all the items that the Renter wishes to store; (3) the start and end dates of the requested booking period; and (4) a link to the Renter's User account profile page. If the Host is unable to confirm or decides to reject a booking of a Storage Area within such twenty-four (24) hour period, any amounts collected by SBO for the requested booking will be refunded to the applicable Renter's credit card and any pre-authorization of such credit card will be released. Once a Host confirms a booking requested by a Renter, the Host and Renter shall communicate directly regarding any and all details, modifications or requests relating to the Listing and Storage Area, including, but not limited to, if a Renter wishes to store additional items or remove items from the Storage Area. In the event Renter provides written notice to Host regarding the addition or removal of Renter’s items at the Storage Area and Host does not dispute such changes, once Renter performs the addition or removal of such items Host shall be deemed as providing Host’s authorization for such changes.
- (ii) The fees displayed in each Listing are comprised of fees to cover SBO’s best in class supportive services, insurance protection, secured transaction processing, and other costs incurred by SBO in offering its services (collectively “Service Fee(s)”) and the amounts due and payable by a Renter solely relating to a Host’s Storage Area (“Storage Rent”). Please note that it is the Host and not SBO, which determines the Storage Rent. The Storage Rent may include a non-refundable cleaning fee at the Host's discretion. Host acknowledges and agrees that the Storage Rent shall also include any and all applicable federal, state, county or local taxes and storage/parking fees, which shall at all times be the sole responsibility of Host (“Taxes”). The Storage Rent, the Service Fees, and applicable Taxes are collectively referred to in these Terms & Conditions as the "Total Fees". Each Host authorizes SBO to deduct a sum from the Storage Rent or bill such Host’s account in the event of damage or theft of stored items as contemplated under "Damage or Theft to Stored items" below, if applicable.
- (b) Renters.
- (i) Each Renter agrees to pay SBO the Total Fees for any booking requested in connection with such Renter’s User account and confirmed by the Host. In order to establish a booking, each Renter understands and agrees that SBO, on behalf of the Host, reserves the right, in SBO’s sole and absolute discretion, to (1) obtain a pre-authorization via Renter’s credit card for the Total Fees or (2) charge Renter’s credit card a nominal amount, not to exceed one dollar ($1) to verify Renter’s credit card. Once SBO receives confirmation of Renter’s booking from the applicable Host, SBO will collect the Total Fees in accordance with these Terms & Conditions and the pricing terms set forth in the applicable Listing. Renter also authorizes SBO to collect additional fees in the event of damage to the Host’s property or Storage Area or Renter defaults as contemplated under “Damage or Theft to Stored items” if applicable. Please note that SBO cannot control any fees that may be charged to a Renter by his or her bank related to SBO’s collection of the Total Fees, and SBO disclaims any and all liability in this regard.
- (ii) All Renters agree to disclose and itemize the items each Renter intends to store in a Host’s Storage Area upon requesting a booking which shall be updated to accurately reflect any changes based on the items actually stored by Renter in the Host’s Storage Area upon storage (“Stored Items”). If Renter desires to store additional items or remove items after completing a booking, Renter agrees to disclose those changes to Host within twenty-four (24) hours of such change. Renter acknowledges and agrees that the aggregate value of all items stored by any Renter at any one Listing or Storage Area shall not exceed Five Thousand Dollars ($5,000.00). In some cases, Renters may store vehicles at Storage Areas which will not be subject to any insurance protection offered by SBO and only protected through such vehicle owner’s automobile insurance. Renter acknowledges and agrees that both SBO and the Host are not liable for undisclosed items and Renter solely accepts any and all liability for any damages caused to the Host’s storage area or property by any undisclosed Renter items. Any Renter will lose insurance coverage for any item which is not disclosed in writing and still stored in the Storage Area.
- (iv) Renter acknowledges and agrees that Renter, and not SBO, will be responsible for performing the obligations of any such agreements, that SBO is not a party to such agreements, and that, with the exception of its payment obligations above, SBO disclaims all liability arising from or related to any such agreements.
- 4. Renter Access To Storage Area and Vacating Duties
- (a) In the listing Host agrees to provide the dates and times that Renter may access his or her items in the Storage Area. In some cases, Host may provide Renter with means for unlimited access to the Storage Area. Renter must contact Host at least twenty-four (24) hours in advance to request access to the rented Storage Area. Renter shall solely be liable for any damage caused by Renter to the Storage Area during its use, including, but not limited to, when delivering or removing items and when vacating the Storage Area
- (b) The Host is not required to transport or otherwise handle any of the Renter’s items stored at the Storage Area. If a Host transports or handles Renter’s items, the Host does so at his, her or its own risk.
- (c) On or before the end of the booking period for the Storage Area, Renter must vacate the Storage Area completely. Renter must remove all contents and debris. Renter must leave the Storage Area in good “broom clean” condition.
- 5. Fees and Rent Collection
- (a) Service Fees. SBO’s service fees are based upon a percentage of applicable Storage Rent. The standard service fee charged by SBO is the greater of Twenty Five Dollars ($25.00) or seventeen percent (17%) of the applicable Storage Rent (“Service Fees”). Except as otherwise provided herein, Service Fees are non-refundable. Hosts and Renters acknowledge and agree that SBO’s Service Fees are subject to change at any time, with or without notice, in SBO’s sole and absolute discretion.
- (b) Collection of Fees. If the booking period is one (1) month or less, SBO will collect from Renter the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within twenty-four (24) hours of the booking request) and will initiate payment of the Storage Rent to the Host. Additional fees may be charged for Renter’s delayed removal of stored items. If the booking period exceeds one (1) month, or if the one-month rental period is extended by agreement between Renter and Host, or by Renter’s failure to remove stored items, Renters will be charged total monthly fees on a recurring basis each month of the booking period, referred to herein as “Recurring Payments.” SBO will collect Total Fees and initiate payment of Storage Rent net of Service Fees to Host at the end of the rental period- each month- when storage services have been rendered. Renter acknowledges and agrees that any booking for less than thirty (30) days shall still be charged a fee for one (1) month. If Host and Renter agree to a booking period of less than one month, or an extension for a partial month, SBO shall collect Total Fees for a full month and initiate payment of Storage Rent net of Service Fees.
- (c) Payment to Hosts by SBO. Hosts acknowledge that SBO will pay the Storage Rent within ten (10) days from SBO’s receipt of payment by any of the following means as SBO determines in its sole and absolute discretion: directly deposited into their bank accounts, crediting a Host’s credit card, or issuing a check to Host. Furthermore, Hosts acknowledge that they are required to provide correct bank account information in order to accept a booking.
- (d) Taxes. Each Host acknowledges and agrees that they are responsible for registering and filing any applicable federal, state, county or local taxes and/or parking or storage fees. SBO is neither responsible nor liable for notifying, collecting or paying any such taxes or fees.
- (e) No Direct Payments from Renter to Host. Hosts agree to never request, demand, or insinuate to a Renter that he or she pay any or all of the Storage Rent directly to Host with a check, cash, or any payment method other than by payment through SBO. If any Host attempts to do so, such Host’s insurance benefit will be disqualified and SBO, in its sole and absolute discretion, may terminate, remove and ban that Host from use of its Site and services.
- 6. Cancellations and Refunds
- (a) If a Renter cancels his or her requested booking before the requested booking is confirmed by a Host, SBO will cancel any pre-authorization to the Renter’s credit card and/or refund any nominal amounts charged to such Renter’s credit card in connection with the requested booking within a commercially reasonable time. If a Renter or Host wishes to cancel a confirmed booking prior to seven (7) days before the confirmed booking start date, then no penalties will occur. If a Host cancels a confirmed booking less than seven (7) days prior to the confirmed booking start date, then the Host will receive one warning from SBO. If a Host must cancel a confirmed booking within twenty-four (24) hours of the agreed upon start time as determined by SBO, in its sole and absolute discretion, the Host will also receive one warning. If SBO issues any Host more than one warning, then SBO may, in its sole and absolute discretion, ban such Host from the Site, and the ability to use SBO’s services. If a Renter must cancel a confirmed booking within twenty-four (24) hours of the agreed upon start time, the Renter will be partially refunded the amount already paid, less the amount agreed upon for one month’s rent of the Storage Area which shall be paid to the Host less the Service Fees.
- (b) If a Host must cancel a confirmed booking after the booking period has already begun, the Renter will receive a full refund from the Host, less any Service Fees for the entire month leading up to the date of cancellation. Any cancellations of a confirmed booking by the Host shall be considered “eviction” and is subject to the conditions further contemplated under “Eviction” section below. If a Renter cancels a confirmed booking at any point after the booking period has begun and before the final thirty (30) days of the agreed upon term, then the Renter shall receive a return of the Total Fees paid by Renter, less Taxes, Services Fees, Storage Rent due from Renter through the date of cancellation and an additional one month Storage Rent as penalty. If a Renter cancels a confirmed booking in the final thirty (30) days of the agreed upon term, then Renter shall not be entitled to any refund of any portion of the Total Fees paid.
- 7. Taxes
- (a) Hosts and Renters understand and agree that each Host and Renter is solely responsible for determining their respective applicable taxes and reporting requirements. Hosts and Renters are advised to consult with their respective tax advisors regarding such taxes and reporting requirements. SBO cannot and does not offer tax-related advice to any Host, Renter or User of the Site and services. Additionally, please note that each Host is responsible for determining any required federal, state and local taxes and fees relating to applicable taxes for each Listing and Storage Rent and for including any such applicable taxes in the calculation and collection of the Storage Rent.
- 8. Protection For Host's Property
- (a) SBO strongly recommends that Hosts check their homeowners’ or renters’ insurance policy or speak to their agent to verify that their coverage includes damage to Host’s property caused by an invited guest (such as a Renter) entering or exiting the Host’s Storage Area, or otherwise caused by the property being stored. SBO assumes no liability for damage to the host’s property.
- 9. Damage to Host's Property or Storage Area
- (a) Renters and Hosts agree that under the following circumstances the Renter may be charged for damages done to the Host’s property or Storage Area: (i) Renter has engaged in or was privy to unauthorized use of the Host’s space as outlined in “Use of Storage Area and Prohibited Items” below, resulting in damage to the Host’s property or Storage Area; (ii) Renter has violated Host rules (as described in “Host Rules” below) resulting in damage to the Host’s property or Storage Area; (iii) Renter stored undisclosed items (items not disclosed during booking or as required thereafter) or items prohibited by Host in Host’s Listing or these Terms & Conditions without the Host’s knowledge and the storage of those undisclosed or prohibited items resulted in damage to the Host’s property or Storage Area; or (iv) the Renter’s storage activities, including moving items into or out of the Storage Area, or visiting the space, has resulted in damages to Host’s property or Storage Area. Renter and Host agree and authorize SBO, in its sole and absolute discretion, to determine the amount charged to the Renter, if any, except in cases exceeding one thousand dollars ($1,000) in damages (as determined by SBO in its sole and absolute discretion), which will then be determined by professional arbitration (see “Arbitration” section below) between the Host and Renter. The Renter agrees to pay associated arbitration fees in those cases described above. For amounts exceeding one thousand dollars ($1,000), Host and Renter understand and agree that SBO and SBO’s insurance carrier will not get involved and further agree they will use professional arbitration or the Hosts or Renters insurance carrier to determine the cost/ arbitration between Host and Renter. In addition, Host and Renter further understand that the dispute will be between the Host and Renter only and SBO and SBO’s insurance provider will not be involved
- 10. Damage or Theft to Stored Items
- (a) Except for specific damage or theft to Renter’s Stored Items directly caused by the intentional or grossly negligent conduct of Host, Host’s agent or persons granted access to the Storage Area by Host (“Host Party”), Host shall not be liable for any damages incurred to Renter’s Stored Items. For their own protection Hosts are encouraged to record the initial state of the items being stored by the Renter. In the event a Host Party is found liable for intentionally or grossly negligently causing the damage to Stored Items as provided above, the Hosts shall only be held responsible for up to one thousand dollars ($1,000) of damages to Renter’s Stored Items (as determined by SBO, in its sole and absolute discretion), to be paid by Host to Renter:
- (b) In the event that a Host Party is found responsible for damages to the Stored Items as provided above, Renter and Host agree and authorize SBO to determine the amount to be charged to Host, if any except in cases exceeding one thousand dollars ($1,000) in damages (as determined by SBO in its sole and absolute discretion), which will then be determined by professional arbitration (see “Arbitration” Section below) between the Host and Renter. The Host agrees to pay associated arbitration fees in the cases where a Host Party is found responsible for damage to Renter’s Stored Items as described above.
- (c) Unless theft or damage to Renter’s Stored Items is caused by Host Party’s intentional or grossly negligent conduct, Host shall not be liable to Renter for any damage to Renter’s Stored Items. Renter is responsible for obtaining Renter’s insurance to protect Renter’s Stored Items from loss or damage in addition to insurance coverage offered by SBO. Renter agrees that Renter will rely solely on Renter’s insurance to recover for the theft or damage of Stored Items at the Storage Area. Only items and goods that are itemized and disclosed in writing to Host as items being stored at the Storage Area may receive insurance protection under SBO’s insurance coverage. Any dispute between Renter and Host shall not include or involve SBO in any manner and shall remain solely between Renter and Host.
- 11. No Endorsement
- (a) SBO does not endorse any Host, Renter or any Storage Area. Hosts and Renters are responsible for determining the suitability of others who contact or engage with Hosts and Renters via the Site and Services. SBO will not be responsible for any damage or harm resulting from any Host’s or Renter’s interactions with other Users.
- (b) By using the Site or services, Users agree that any legal remedy or liability that any User seeks to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused the harm and each User agrees not to attempt to impose liability on, or seek any legal remedy from SBO with respect to such actions or omissions. Accordingly, SBO encourages all Users to communicate directly with other Users on the Site and the Services offered relating to any bookings, Storage Area, Host, Renter, or Listings.
- 12. Use of Storage Area and Prohibited Items
- (a) RENTER AGREES NOT TO USE THE STORAGE AREA FOR ANY UNLAWFUL PURPOSE. THE STORAGE AREA IS TO BE USED BY RENTER ONLY FOR STORAGE OF PERSONAL PROPERTY. USE OF THE STORAGE AREA FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS, SUCH AS USE OF THE STORAGE AREA FOR WORK, RECREATION, DRUG USE OR SEXUAL ACTIVITY IS EXPRESSLY PROHIBITED. STORAGE OF EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS, PESTICIDES OR OTHER TOXIC CHEMICALS, WASTE OF ANY KIND, FIREARMS, AMMUNITION, ILLEGAL DRUGS OR OTHER CONTROLLED SUBSTANCES, STOLEN GOODS OR OTHER CONTRABAND, PERISHABLE FOOD ITEMS, SPOILED FOOD, LIVING OR DECEASED ANIMALS, INFESTED ITEMS, MOLDY ITEMS, ANY ITEM THAT EMITS FUMES OR A STRONG ODOR, JEWELRY, CASH, PRECIOUS METALS, DIAMONDS OR ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE HOST ON THE LISTING IS EXPRESSLY PROHIBITED.
- (b) Upon breach, or Host's reasonable suspicion of breach, of these Terms & Conditions, the Renter agrees that the Host has the right to immediately terminate the booking agreement and to ask Renter to remove the items from the Host’s Storage Area and premises. Host shall provide immediate notice and Renter shall have three (3) days to cure such breach or otherwise remove such items (“Cure Period”). If Renter does not remove such items within the Cure Period, such items may be removed by Host and shall be subject to forfeiture by Renter. Host may also contact law enforcement or other authorities to report illegal activities of Renter. If Host reasonably suspects the storage of items in breach of the above prohibitions, or other illegal activities, the Renter hereby agrees to give permission for authorities to search the stored items without a warrant. Renter agrees to release, indemnify, and hold Host and SBO harmless from and against any and all liability arising from or relating to the removal or forfeiture of stored property, or the Renter’s breach of this provision, including any allegations or investigations relating thereto. Renter shall forfeit all Storage Rent and Service Fees and Taxes paid up the date of termination hereunder.
- 13. Risk of Personal Injury Due to Host's Negligence
- (a) Renter agrees that the use of the Storage Area is at Renter's sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Renter’s property, Host shall have no liability to Renter or Renter's invitees for any personal or bodily injury except in the event of Host’s gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims or causes of action Renter may have against Host and SBO, in the event of personal or bodily injury to Renter or Renter’s invitees, except as a result of Host’s gross negligence or willful misconduct.
- 14. Host Rules
- (a) Renter, Renter's employees, agents, family, guests and other invitees agree to comply with Host's rules and policies and any other rules which are contained in the Listing. Failure to comply with Host’s rules as found in the Listing may result in (i) the Renter being held in Default (as described in “Default by Renter”) and (ii) the Renter being held liable for damages to the Host’s property or Storage Area.
- 15. Default By Renter
- (a) Renter will be in "default" if: (a) Renter has failed to pay any sum when due under the Listing, (b) Renter has failed to notify in writing of stored items or notify Host and SBO of a change in Renter's address or phone number as required in these Terms & Conditions; (c) Renter has provided false or incorrect information to Host or in any mailing address changes submitted to Host; (d) Renter has failed to vacate the Storage Area by the end of their confirmed Booking period and has not provided means for automatic monthly payment thereafter; (e) Renter has failed to comply with any other provision of these Terms & Conditions, or any supplemental rules in the Listing or provided by Host; or (f) Renter has violated health, safety or criminal laws on the Host's property, regardless of whether arrest or conviction has occurred. Failure of SBO or Host to enforce any of these Terms & Conditions shall not constitute waiver of such Terms & Conditions.
- (b) SBO may ban any Renter which it determines, in its sole and absolute discretion, is in violation of any of these Terms & Conditions.
- 16. Host's Remedy
- (a) If Renter is in "default," Host shall take reasonable steps, in accordance with applicable state and local laws, to immediately notify Renter and SBO of such default, and provide Renter three (3) days to cure such default. If Renter fails to cure such default within the Cure Period, Host may exercise one or more of the following remedies:
- (i) Deny Renter access to the Storage Area or Renter's property until default is cured;
- (ii) Terminate Renter's Booking by giving Renter three (3) days' notice to vacate; and if Renter fails to vacate and Host files an eviction lawsuit, Renter will pay Host's attorneys' fees and court costs plus a reasonable judicial eviction charge for Host's time, inconvenience and overhead for filing the eviction suit;
- (iii) Collect charges as appropriate and exercise any other remedy allowed by law; and/or
- (iv) Enforce Host's lien by seizure and sale of all contents in the Storage Area by non-judicial foreclosure under the Host's local and state codes. Seizure and sale will only be for default in paying sums due to Host. Host may accept partial payments but only payments in full, including applicable fees, will stop a lien sale.
- (v) After seizure, any attempt to reclaim the seized property by Renter without paying in full the sums due Host, including applicable fees, may result in Host pursuing prosecution for such act.
- (b) Host acknowledges and agrees that SBO shall not have any obligation, monetarily or otherwise, to provide any assistance to Host in pursuit of Host’s remedies for any Renter default.
- 17. Termination or Eviction by Host
- (a) The Host may choose to evict the Renter in cases of “default” as described above in “Default by Renter”. If a Host chooses to evict a Renter, the Host may follow the procedure as outlined in “Host’s Remedy” above and in accordance with all applicable federal, state and local laws and ordinances.
- (b) If the Host chooses to terminate a Renter’s booking for a Renter who is not found in “default,” the Host must give the Renter thirty (30) days advance notice to vacate.
- 18. CONTENT
- (a) Any Users’ use of the Site shall constitute its agreement to grant SBO a license to use any and all information, text, graphics, logos, images, likeness, pictures, audio clips, video, data, music, software, pricing, reports, documents, records, information and other material (collectively "Content") provided by such User for SBO and/or its Site. All Content included on the Site is, or shall become, owned or licensed property of SBO or its Users, suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of SBO and protected by U.S. and international copyright laws. SBO expressly reserve all intellectual property rights in all Content. SBO shall not review any Content for any purpose, including, but not limited to, to ensure or confirm the accuracy, legality or non-infringement of any Content and SBO is not responsible for any Content.
- 19. LICENSE AND ACCESS
- (a) SBO grants you a limited non-exclusive, non-transferable, non-sub licensable license to access and make use of the Site and the Content so long as such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. Users may download, print, and copy Content for personal, noncommercial purposes only. Users may not modify or alter any Content that does not belong or relate to such User in any way, nor delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, other than as expressly agreed to by SBO, whether on behalf of the User or on behalf of any third party, constitutes a material breach of these Terms & Conditions.
- 20. UNLAWFUL OR PROHIBITED USES OF SITE
- (a) The Site may only be used for lawful purposes in accordance with the terms of the licenses granted in these Terms & Conditions. SBO will fully cooperate with any law enforcement authorities and/or court order requesting or directing SBO to disclose the identity of Users, persons, or entities that have engaged in any violation of the Terms & Conditions, including (but not limited to) any User, person, or entity that has posted information or materials in violation of the Terms & Conditions, and SBO reserves the right to moderate, alter, delete, or remove any such information or materials at any time from this Site. As a condition of User’s use of this Site, each User warrants to SBO that they will not use the Site for any purpose that is unlawful or prohibited by law or these Terms & Conditions. Each User on behalf of themselves and on behalf of any third party MAY NOT:
- (i) Except in connection with a transaction facilitated by SBO, make any commercial use of the Site or its Content, including making any collection or use of any documents, information, descriptions, videos or images; (ii) Except in connection with a transaction facilitated by SBO, download, copy, or transmit any Content for the benefit of any other individual, entity or User; (iii) Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by SBO or generally publicly available browsers; (iv) Frame, mirror, or use framing techniques on any part of the Site without SBO’s express prior written consent; (v) Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, documents, descriptions, or images, except pursuant to the limited license granted by these Terms & Conditions; (vi) Use any meta tags or any other hidden text utilizing SBO’s name or marks; (vii) Use or inflict any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (viii) Misrepresent the identity of a User, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that SBO endorses any statement a User has made or does make; (ix) Conduct fraudulent activities or any activities which violate any rule, regulation or law on the Site; (x) Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for Users or logging onto a server or an account that Users are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any User, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the SBO website) or to the Site (impersonating another User); (xi) Send unsolicited or unauthorized emails on behalf of SBO or any User, including promotions and/or advertising of products or services; (xii) Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site (xiii) Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity; (xiv) Harvest or collect personally identifiable information about Users or other customers of the Site; (xv) Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site); (xvi) Use the Site to advertise or offer to sell or buy any goods or services without SBO’s express prior written consent; (xvii) Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site; Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or (xix) Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
- 21. MODIFICATION OF SITE AND TERMS & CONDITIONS
- (a) SBO may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Users. SBO reserves the right to make changes to these Terms & Conditions at any time, in its sole and absolute discretion, and such changes will be effective immediately upon being posted on the Site. Each time any User uses the Site, they should review the current Terms & Conditions. Each User’s continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after a User’s last usage of the Site will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between a User and SBO will be applied.
- 22. COLORS
- (a) SBO strives to display as accurately as possible the colors on the Site; however, SBO cannot and does not guarantee that User monitor displays of the Site or any Content will be accurate. SBO hereby disclaims any and all liability for any such deviations in color on the Site.
- 23. AVAILABILITY, ERRORS, AND INACCURACIES
- (a) Users may be required to provide information to the Site for use and access by other Users. SBO is not responsible for the accuracy of the information provided by Users or the availability of any information provided by the Users on the SBO website. SBO is relying on the Users to provide accurate information and frequent updates on the services and information offered on the Site. Despite SBO and Users’ best efforts, items on the Site may be described inaccurately, or unavailable, and there may be delays in updating information on the Site. As a result, SBO and Users’ cannot and do not guarantee the accuracy or completeness of any information, including documents, images, specifications, availability, and services. SBO reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- 24. DMCA NOTICE–NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- (a) SBO shall respond to any notices of alleged infringement regarding Users that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via the process listed below, and Users agree to comply with such process in the event he, she or it, or any of their respected offerings or services, are involved in any claim of copyright infringement to which the DMCA may be applicable.
- (b) If a User or third party believes in good faith that their work has been copied in a way that constitutes copyright infringement, please provide SBO the written information specified below. Please note that this procedure is exclusively for notifying SBO that copyrighted material has been infringed. SBO does not and will not make any legal decisions about the validity of any claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, SBO will respond by either taking down the allegedly infringing content or blocking access to it. SBO may contact the notice provider to request additional information. Under the DMCA, SBO is required to take reasonable steps to notify the User who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send SBO a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. SBO may publish or share any such notices with third parties in SBO’s sole and absolute discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person or entity who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. SBO reserves the right to ignore a notice that is not in compliance with the DMCA, and SBO may, but is not obligated to, respond to a non-compliant notice. To file a proper notice of infringing material, the notice must contain the following information:
- (i) Identify specifically the copyrighted work(s) believed to have been infringed; (ii) Identify the content that a copyright owner claims is infringing upon copyrighted work with reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including, but not limited to, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (iii) The contact information of the notice provider so that we can contact the copyright owner directly: name, street address, telephone number, and email; (iv) If available, provide information sufficient to permit SBO to notify the Alleged Infringer (email address preferred); (v) Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; (vi) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; (vii) Be signed; and (viii) Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
- (c) Confidential Information. As stated above, all communications sent by a notice provider to SBO will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to SBO, including, but not limited to, patentable ideas, new content suggestions or business proposals unless SBO has mutually agreed in writing otherwise. Ideas, concepts, proposals, or other potential proprietary information that SBO receives unsolicited will be treated as property owned by SBO and will not be returned to the provider of such material.
- 25. LINKS TO THIRD-PARTIES' WEBSITES
- (a) The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and other websites. SBO disclaims all responsibility for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, conditions, information or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, SBO strongly recommends that any User or third party review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by SBO of such third-party sites. SBO provides links, shortcuts, and integration capabilities to other sites, and sites of other affiliated businesses, but is not responsible for, and does not warrant any product, service, or action provided by those sites or businesses. Other sites may link to the Site with or without SBO’s authorization, and SBO may block any links to or from the Site. USER’S USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT SUCH USER’S OWN RISK.
- 26. DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES
- (a) SBO cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet any User’s requirements.
- (b) IF A USER CHOOSES TO USE THE SITE AND ITS SERVICES THEY DO SO AT THEIR SOLE RISK. EACH USER ACKNOWLEDGES AND AGREES THAT SBO DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY SBO ON AN "AS IS," “WHERE-IS”, AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SBO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, THE SERVICES OFFERED ON THE SITE, OR THAT EMAILS OR MESSAGES SENT FROM SBO OR ANY USER ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. EACH USER EXPRESSLY AGREES THAT SUCH USER’S USE OF THE SITE AND SBO’S SERVICES IS AT THEIR SOLE RISK. SBO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, USE OF THE SERVICES PROVIDED THROUGH THE SITE, OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, SBO DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES OFFERED THROUGH THE SITE, AND THE SITE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
- (c) USERS MAY PROVIDE SEPARATE REPRESENTATIONS AND/OR WARRANTIES REGARDING USER SERVICES AND STORAGE AREAS DIRECTLY TO OTHER USERS USING THE SITE. USERS SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL REPRESENTATIONS AND WARRANTIES PROVIDED TO OTHER USERS THROUGH THE SITE.
- (d) USERS MUST REVIEW AND UPDATE THE ACCURACY AND COMPLETENESS OF ANY AND ALL INFORMATION RELATING TO THE CONTENT USERS PROVIDE THROUGH THE SITE. USERS ACKNOWLEDGE AND AGREE THAT USERS OF THE SITE MAY RELY SOLELY ON THE INFORMATION PROVIDED AND DISPLAYED BY THE USERS AND THAT THE USERS SHALL SOLELY BE LIABLE FOR ANY AND ALL DAMAGES RELATING TO THE VERACITY OF SUCH INFORMATION AND FOR ANY USER RELIANCE ON THE ACCURACY OF SUCH INFORMATION. USERS FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD SBO AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (“SBO AFFILIATES”) HARMLESS FROM ANY BREACH OF THESE TERMS & CONDITION BY SUCH USER.
- (e) Neither SBO or the SBO AFFILIATES are liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the Site, its features or any Content made available through the site, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY SUCH USER TO SBO TO ACCESS AND USE THE SITE.
- 27. LIMITATION OF LIABILITY
- (a) UNDER NO CIRCUMSTANCES SHALL SBO OR ANY SBO AFFILIATES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USER’S USE OF OR INABILITY TO USE THE SITE, OR USE OF ANY SERVICES PROVIDED THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY TO THE MAXIMUM EXTEND PERMITTED BY LAW THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, GOODS, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF SBO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS ASSOCIATED WITH THE USE OF THIS SITE FROM SBO TO THE USER. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ALL USERS AND SBO. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF ANY USER IS DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, ANY SERVICE PURCHASED THROUGH THE SITE, OR THESE TERMS & CONDITIONS, THEIR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. EACH AND EVERY USER ACKNOWLEDGES, BY THEIR ACTUAL USE OF THE SITE FOR ANY PURPOSE, THAT THEY USE OF THE SITE IS AT THEIR SOLE RISK.
- (b) EXCEPT FOR SBO’S OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS & CONDITIONS, IN NO EVENT WILL SBO'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS & CONDITIONS AND ANY USER’S USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM A LISTING OR BOOKING OF ANY STORAGE AREA VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY STORAGE AREA OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS ANY SUCH USER HAS PAID OR OWES FOR BOOKINGS OF STORAGE AREAS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY SBO TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SBO AND EACH USER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO ALL USERS.
- 28. INDEMNIFICATION AND DEFENSE
- (a) As a condition of the use of the Site, each User agrees to defend, indemnify, and hold SBO and the SBO Affiliates harmless from and against any and all liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses, including, but not limited to, reasonable attorneys' fees and costs ("Claim(s)") arising out of or otherwise relating to such User’s use of the Site and use of any services provided through the Site, including without limitation any Content and Claims alleging facts that if true would constitute a breach by such User of these Terms & Conditions, User’s interaction with any other User, bookings of a Storage Areas, creation of a listings or the use, condition or rental of a Storage Area by a Host or Renter. SBO reserves the right, in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User, in which event such User will cooperate with SBO in asserting any available defenses, and reimburse SBO for all costs and fees associated with such defense, including, but no limited to, attorney’s fees.
- 29. NOTICES AND ELECTRONIC COMMUNICATIONS
- (a) Except as explicitly stated otherwise, any notices Users send to SBO shall be sent by email to email@example.com. In the case of notices SBO sends Users, each User consents to receive notices and other communications by SBO posting notices on the Site, or mailing or emailing notices to the address or email address provided in each User’s registered account. All Users agree that all agreements, notices, disclosures, and other communications that SBO provides to any User in accordance with the prior sentence satisfies any legal requirement that such communications be in writing. Notice shall be deemed given (a) 24 hours after the notice is posted on the Site; (b) in the case of mailing, three (3) days after the date of mailing; (c) in the case of emailing, the date and time the email is sent. Each User agrees that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form.
- 30. JURISDICTION; APPLICABLE LAW; DISPUTES
- (a) The Site is controlled and operated by SBO from California in the United States, and is not intended to subject SBO to the laws or jurisdiction of any state, country or territory other than that of California. SBO does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than California, United States. In choosing to access the Site, each User does so on such User’s own initiative and own risk, and each User is responsible for complying with all local laws, rules and regulations. SBO may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction SBO chooses, at any time and in its sole and absolute discretion.
- (b) EACH USER AGREES THAT ALL MATTERS RELATING TO SUCH USER’S ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL CLAIMS AND DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CALIFORNIA'S CHOICE OF LAW PRINCIPLES. All proceedings relating to the Site, these Terms & CONDITIONS, or any SERVICES PROVIDED THROUGH THIS SITE, shall be brought only in the state or federal courts of LOS ANGELES County, LOS ANGELES, CALIFORINA, USA, and EACH USER and SBO do hereby IRREVOCABLY consent to the jurisdiction and venue of such courts.
- 31. MISCELLANEOUS
- 32. CONTACT US
- (a) Any concerns about SBO or a User’s use of the Site, should be sent to firstname.lastname@example.org with a detailed description, and SBO will try to resolve it.
All text, graphics, multimedia content or other material available from the entry point URL http://www.storegebyowner.com and pages within that domain and all related code, including but not limited to films, images, text, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within this Site ("Material(s)") are the property of Storage By Owner and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by Storage By Owner or by other parties that have licensed their Material to Storage By Owner. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially
exploited in whole or in part except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of Storage By Owner for any other use or distribution of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any such Material on any other Web site or computer environment is strictly
"Storage By Owner" AND "FS" are the trademarks of Storage By Owner. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES
This Site contains links to pages on other web sites, and those web sites may offer products and/or services for sale ("Linked Sites"). This includes web sites for companies in which Storage By Owner is currently investing in or has invested in the past. Storage By Owner does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Storage By Owner has no responsibility for the accuracy or availability of information provided by Linked Sites and that Storage By Owner does not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites.
Storage By Owner WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. Storage By Owner IS NOT AND WILL NOT BE RESPONSIBLE FOR (A) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, (B) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY SUCH THIRD PARTY'S BACKGROUND, INSURANCE, CREDIT OR LICENSING, (C) THE QUALITY OF SERVICES PERFORMED BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES, OR (IV) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY SUCH THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT LIABILITY. IF YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY OR ANY THIRD PARTY'S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE FREEMAN SPOGLI (AND ITS AGENTS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
In order to access and use the Site, you agree that you will comply with all of the Terms and Condition set forth herein and will not (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site; or (b) use Storage By Owner's name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or "spam." For the purposes of this agreement, "spam" has the meaning generally understood among Internet users. In addition, you may not post, upload, or transmit to the Site or to the Freeman Spogli servers any communications, text, graphics or other information (collectively, "Unauthorized Content") that: (a) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (b) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocates or encourages any illegal activity; (d) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violates the privacy of individuals, including, but not limited to, other users of the Site; or (f) violates any applicable local, state, national or international law.
Under no circumstances will Storage By Owner be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Storage By Owner, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Storage By Owner'S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE AMOUNT PAID FOR USE OF THE SITE, IF ANY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
You agree to indemnify and hold Storage By Owner and its affiliates, subsidiaries, and the respective officers, directors, agents, employees, sponsors, and partners of each harmless from any claim or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms and Conditions, or your violation of any rights of another party.
TERMINATION OF THE SITE
Storage By Owner may, in its sole discretion and in addition to any other remedies available to Storage By Owner, with or without cause withdraw, suspend or discontinue at any time and from time to time any Materials, information, content or services available on the Site, your user name and password, and any functionality or features in or on the Site, including, but not limited to, the cessation of all activities associated with the Site, with or without notice.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by Storage By Owner from its offices within the State of California, U.S.A. Storage By Owner makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by Storage By Owner.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California and without giving effect to any principles of conflicts of laws. You agree that any lawsuit or other action brought by Storage By Owner, you or any third party to enforce the Terms and Conditions, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in Los Angeles County, California.
If any provision of the Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.
Any delay or failure on the part of Storage By Owner to enforce any rights under these Terms and Conditions at law or in equity to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
Storage By Owner reserves the right to change or modify the Terms and Conditions at any time. The Terms and Conditions shall not be modified except in writing, as posted on this Site by Storage By Owner. Any change or modification made by Storage By Owner will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by Storage By Owner.
© 2019 Storage By Owner.