Last Updated: Dec 4, 2017
Thanks for using Sharespace. These Terms of Service (“Terms”) are between you (“you,” “your”) and Sharespace, Inc. (“Sharespace,” “us,” “we,” “our”). These Terms cover your use of our website, mobile applications, and all associated services (“Sharespace Services”) and your offer, performance, and use of Storage Services and Moving Services (as defined below, together the Sharespace Services, Storage Services, and Moving Services will be referred to as the “Sharespace Platform”). By using the Sharespace Platform or otherwise agreeing to these Terms electronically, you are agreeing to these Terms. Please take a few moments to review and understand the Terms below.
IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT SECTION 12 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH SHARESPACE ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SHARESPACE SERVICES AND OFFERING AND PERFORMING STORAGE SERVICES OR MOVING SERVICES MAY BE SUBJECT TO CERTAIN LAWS AND REGULATIONS, PARTICULARLY OF LOCAL MUNICIPALITIES. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING, UNDERSTANDING, AND COMPLYING WITH ALL LAWS AND REGULATIONS WHEN USING THE SHARESPACE SERVICES AND OFFERING AND PERFORMING STORAGE SERVICES OR MOVING SERVICES, INCLUDING IDENTIFYING AND OBTAINING ANY REQUIRED LICENSES, PERMITS, OR REGISTRATIONS FOR ANY STORAGE SERVICES OR MOVING SERVICES YOU PERFORM. CERTAIN TYPES OF STORAGE SERVICES AND MOVING SERVICES MAY BE PROHIBITED ALTOGETHER. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT.
1.1 - Sharespace Platform. Sharespace provides an online platform that enables registered users (“Members”) and third parties to offer storage services (members and third parties who offer and provide storage services are “Hosts” and the storage services they offer and provide are “Storage Services”) and transportation or moving services (member and third parties who offer and provide transportation or moving services are “Movers” and the transportation or moving services they offer and provide are “Moving Services”) on the Sharespace Services so that Sharespace can connect Members seeking to book such Storage Services or Moving Services (Members using Storage Services or Moving Services are “Customers”).
1.2 - Member Contracts. As the provider of the Sharespace Services, Sharespace does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Storage Services or Moving Services provided by Hosts and Movers. Hosts and Movers alone are responsible for their provision of the Storage Services or Moving Services, as applicable. When a Customer makes a Booking for Storage Services or schedules Moving Services, the Members are entering into a contract directly with each other. If additional terms are required for your use of the Storage Services or Moving Services, those additional terms will be provided by the applicable Host or Mover and will become part of your contract with the Host or Mover. Sharespace is not and does not become a party to or other participant in any contractual relationship between Members, nor is Sharespace an insurer to any Member. Sharespace is not acting as an agent for any Member. As a Member, you consent to use of an electronic record to document your agreement to provide or receive Storage Services or Moving Services. “Booking” means a limited license granted by the Host to the Customer to use the Storage Space for the limited duration of the confirmed booking.
1.3 - Sharespace Hosting. In some cases, Sharespace may act as a Host providing Storage Services, including pursuant to Section 4.2.6. You acknowledge and agree to the Rental Agreement with Sharespace. The Rental Agreement will only apply if Sharespace acts as your Host or you fail to retrieve your Stored Items pursuant to Section 4.2.6.
1.5 - No Control. While we may help facilitate the resolution of disputes, Sharespace has no control over and does not guarantee (a) the quality, safety, suitability, or legality of any Storage Services or Moving Services or (b) the performance or conduct of any Member or third party. Sharespace does not endorse any Member, Storage Service, or Moving Service.
1.6 - Additional Terms. The access to or use of certain areas and features of the Sharespace Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Sharespace Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
1.7 - Software. Our Sharespace Services may allow you to download software, which may update automatically. For as long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the software, solely to access the Sharespace Services. Components of the software may be open source and the license applicable to those components may override some of these Terms. If you access or download the software from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
2.1 - Sharespace Account. You must register for an account (“Sharespace Account”) to access and use parts of the Sharespace Platform. If you are registering a Sharespace Account on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
2.2 - Sharespace Account Requirements. You must provide accurate, current and complete information during the registration process and keep your Sharespace Account and Sharespace Account profile page information up-to-date at all times. You may not register more than one (1) Sharespace Account unless Sharespace authorizes you to do so. You may not assign or otherwise transfer your Sharespace Account to another party. The Sharespace Platform is intended to be used by individuals who are 18 years or older. You may not use the Sharespace Platform or register for a Sharespace Account unless you are at least 18.
2.3 - Communications. By becoming a Member, you agree to receive communications from Sharespace, including via e-mail, text message, calls, and push notifications. You agree that communications may be generated by automatic telephone dialing systems. Communications from Sharespace and Members may include operational communications concerning use of Storage Services or Moving Services. Standard text messaging charges apply totext messages sent by Sharespace or another Member.
2.4 - Security. You are responsible for maintaining the confidentiality and security of your Sharespace Account credentials and may not disclose your credentials to any third party. You must immediately notify Sharespace if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Sharespace Account. You are liable for any and all activities conducted through your Sharespace Account.
2.5 - Background & Identity Verification. Sharespace may, but has no obligation to (a) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (b) screen Members against third party databases or other sources and request reports from service providers, and (c) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). You agree and authorize Sharespace to use your personal information to exercise our rights under this Section.
2.6 - Compliance. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Sharespace Platform. You agree at all times to comply with the Sharespace policies available at this link (the “Sharespace Policies”). Sharespace has the right to investigate and prosecute violations of these Terms and any Sharespace Policies to the fullest extent of the law. In addition, and as set forth in these Terms, Sharespace may take a range of actions against you, including but not limited to removing or disabling access to your Sharespace Account for a violation of the Terms or any Sharespace Policies.
2.7 - Sharespace Rights. You acknowledge that Sharespace has no obligation to monitor the access to or use of the Sharespace Platform by any Member, but has the right to do so to (a) operate, secure and improve the Sharespace Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (b) ensure Members’ compliance with these Terms; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) respond to Member Content that it determines is harmful or objectionable; or (e) as otherwise set forth in these Terms. Members agree to cooperate with and assist Sharespace in good faith, and to provide Sharespace with such information and take such actions as may be reasonably requested by Sharespace with respect to any investigation undertaken by Sharespace or a representative of Sharespace regarding the use or abuse of the Sharespace Platform. Sharespace may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Sharespace or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Members, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Sharespace, its Members, or members of the public.
2.8 - Member Reporting. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Sharespace by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
3.1 - General
3.1.1 - Independent Contractor. As a Host or Mover, your relationship with Sharespace is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Sharespace for any reason. You have no right to act on behalf of Sharespace.
3.1.2 - Conditions. Sharespace may make the access to and use of the Sharespace Platform, or certain areas or features of the Sharespace Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
3.1.3 - Insurance. Sharespace recommends that Hosts and Movers obtain appropriate insurance for their Storage Services and Moving Services, as applicable. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the Stored Items. “Stored Items” means the property stored by a Customer at the Storage Space of a Host. “Storage Space” means space (either residential or other) dedicated for storage purposes. Examples of Storage Spaces include garages, rooms, basements, closets, or storage units.
3.1.4 - Responsibility. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at or have access to the Stored Items or Storage Space at your allowance, request, or invitation, excluding the Customer (and the individuals the Customer invites to the Storage Space, if applicable.)
3.1.5 - Warranty. You represent and warrant that any Storage Space you make available on the Sharespace Platform or Moving Services confirmed through the Sharespace Platform will (a) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, truck rental, or other agreements, and (b) comply with all applicable laws (such as zoning laws), tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
3.2 - Host Obligations
3.2.1 - Storage Space Information. When a Host makes Storage Space available through the Sharespace Services you must (a) provide complete and accurate information about your Storage Space, such as address, type (e.g., closet, basement), size, availability of climate control, etc., and (b) provide any other pertinent information requested by Sharespace. You are responsible for keeping your Storage Space information up-to-date at all times. Any images or videos that you submit as Member Content must accurately reflect the quality and condition of your Storage Space.
3.2.2 - Exclusivity. As a Host, you agree that you will not make Storage Space available to or allow the Storage Space to be used by anyone other than Members of the Sharespace Services.
3.2.3 - Booking. When a Host accepts a Booking, Host agrees to make available to a Customer a limited license to the Customer to use the Storage Space for the limited duration of the confirmed booking. The Host will make any additional terms and conditions that apply to the offer of Storage Services, including any additional rules or restrictions for the Storage Space, available to Customer prior to the beginning of the Booking.
3.2.4 - Availability. The Host must be available to grant the Customer access to the Storage Space upon seven (7) days prior notice to the Host unless prior arrangements have been made with Sharespace in advance. Upon termination of the Storage Term, the Host must grant the Customer or Sharespace with access to the Storage Space to remove any Stored Items.
3.3 - Term & Termination for Storage Services
3.3.1 - Storage Term. Hosts will make Storage Space available for Bookings on the Sharespace Services for a minimum of twelve (12) months (the “Initial Storage Term”). Unless either Sharespace or a Host gives the other party notice of non-renewal at least ninety (90) days before the end of the Storage Term, the Host’s participation in offering Storage Services through the Sharespace Services will renew for additional one (1) year terms. “Storage Term” means the Initial Storage Term and any renewal terms for offering Storage Services through the Sharespace Services.
3.3.2 - Termination of Storage Term. Sharespace or Host may terminate the Storage Term for convenience by providing the other party with ninety (90) days prior written notice. Either Host or Sharespace may terminate the Storage Term if (a) the other party is in material breach of the Terms or Sharespace Policies and fails to cure that breach within fifteen (15) days after receipt of written notice, or (b) the other party ceases its business operations or becomes subject to insolvency proceedings. Sharespace may also terminate the Storage Term if (i) it has invoked rights under Section 6.5, (ii) you have materially breached your obligations under these Terms or the Sharespace Policies, (iii) you have violated applicable laws, regulations or third-party rights, (iv) in order to comply with law or regulation, or (v) if Sharespace believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sharespace, its Members, or third parties.
3.3.3 - Effect of Termination of Storage Term. If the Storage Term is terminated in accordance with Section 3.3.2 other than by Sharespace for convenience, the Host will be responsible for the cost to move all Customer Stored Items in the applicable Storage Space to a new location (and Host will be billed as if the cost was an Additional Fee). When the Storage Term is terminated, the Host’s contracts with all Customers that have a Booking for the Storage Space will also terminate.
3.4 - Moving Services.
Sharespace may refer Customers to Movers for Moving Services. Movers and Customers may also agree to use the Sharespace Services as a billing platform in accordance with these Terms.
4.1 - Customer Obligations
4.1.1 - Booking Information. When a Customer submits a request to make a Booking or find a Mover through the Sharespace Services, you must (a) provide complete and accurate information about your Stored Items and (b) provide any other pertinent information requested by Sharespace or the Host.
4.1.2 - Booking Confirmation. Upon receipt of a Booking confirmation, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including any additional rules or restrictions for the Storage Space. The Host will agree to make available to a Customer a limited license to the Customer to use the Storage Space for the limited duration of the confirmed booking.
4.1.3 - Moving Services Confirmation. Upon receipt of a confirmation from a Mover, a legally binding agreement is formed between you and your Mover, subject to any additional terms and conditions of the Mover that apply, including any additional rules or restrictions for the Moving Services.
4.1.4 - Availability. The Customer must provide the Host with up to seven (7) days prior notice to gain access to the Storage Space. Customer may not access the Storage Space more than described by their plan at the time of Booking confirmation without the consent of the Host and payment of additional fees.
4.1.5 - Responsibility. Customer agrees to comply with Sharespace’s Storage Policy and agrees that the Storage Space and Moving Services are not suitable for Stored Items that violate the Storage Policy. In particular, Customer agrees that Storage Spaces may not be used for the conduct of business or for human or animal habitation. You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present at or have access to the Stored Items or Storage Space at your allowance, request, or invitation, excluding the Host and Movers (and the individuals the Host invites to the Storage Space, if applicable.)
4.1.6 - Customer Risk & Insurance. Customer assumes all risk of loss or damage to Customer’s Stored Items stored in the Storage Space or moved through the Moving Services, whether loss or damage is caused by theft, fire, water, rodents or other vermin, earthquakes, acts of God, vandalism, mold, mildew, or any active or passive acts or omissions or negligence of Host or Movers or individuals that Host invites to the Storage Space. It is the Customer’s responsibility to adequately insure the Stored Items moved or stored by Customer and Customer agrees to insure the actual full value of the Stored Items against loss and damage. Customer acknowledges that neither Sharespace nor Host nor Movers will be liable for any damage to or loss of Customer’s Stored Items for any reason.
4.2 - Term & Termination for Bookings
4.2.1 - Booking Term. When a Customer makes a Booking for Storage Services, Sharespace will match the Customer with a Host through the Sharespace Services. The “Initial Booking Term” will be the longer of (a) the length of the plan selected by Customer and confirmed for the Booking or (b) the remainder of the calendar month in which the Booking is made and the following month. Unless the Customer gives at least thirty (30) days advance notice of non-renewal and removes all Stored Items from the Storage Space, the Booking Term will renew for additional one (1) month terms. “Booking Term” means the Initial Booking Term and any renewal terms up and until the Booking End Date. “Booking End Date” means either (a) thirty (30) days after Customer gives notice of non-renewal or other date specified by Customer or (b) the date of termination set in accordance with the Terms. “Booking Start Date” means the first day of the Booking.
4.2.2 - Switching to a New Host. If a Host can no longer make the Storage Space available to Customer during the Booking Term, Sharespace will give the Customer notice and the option to create a new Booking with a new Host. If a Customer agrees to make a new Booking, the Customer’s current Host will, at Customer’s option, cover the cost to move the Customer’s Stored Items to a new Host’s Storage Space. If a Customer does not wish to move their Stored Items to a new Host’s Storage Space, the Booking Term will terminate on the date specified by Sharespace.
4.2.3 - Termination of Booking Term. Sharespace may terminate the Booking Term for a Customer with thirty (30) days prior written notice. Either Customer or Sharespace may terminate the Booking Term if (a) the other party is in material breach of the Terms or Sharespace Policies and fails to cure that breach within fifteen (15) days after receipt of written notice, or (b) the other party ceases its business operations or becomes subject to insolvency proceedings. Sharespace may also terminate the Booking Term if (i) it has invoked rights under Section 6.5, (ii) you have materially breached your obligations under these Terms or the Sharespace Policies, (iii) you have violated applicable laws, regulations or third-party rights, (iv) in order to comply with law or regulation, or (v) if Sharespace believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sharespace, its Members, or third parties.
4.2.4 - Termination of Booking Term for Non-Payment. If Customer does not pay Fees, it will be a material breach of the Terms and Sharespace may terminate the Booking Term upon notice.
4.2.5 - Effect of Termination of Booking Term. The Customer will be responsible for moving all Stored Items out of the Storage Space prior to Booking End Date. When the Booking Term is terminated, the Customer’s contract with the Host will also terminate.
4.2.6 - Failure to Retrieve Stored Items. If Customer does not retrieve all Stored Items upon termination or expiration of the Booking Term in accordance with Section 4.2.5, Customer agrees that Sharespace will become the Host for Customer’s Stored Items and the Rental Agreement with Sharespace will apply. Following the Booking End Date, Sharespace will designate a Mover on Customer’s behalf to move Customer’s Stored Items out of the Storage Space and to Sharespace’s Storage Space (“Retrieval Services”). Customer acknowledges and agrees that in the event of Customer’s failure to retrieve all Stored Items, Sharespace will perform the Retrieval Services as described in this Section. Failure to retrieve all Stored Items will be subject to Additional Fees. Nothing in this Agreement will be construed as imposing a duty on Sharespace or Host to store or safeguard Stored Items abandoned after the Booking End Date.
4.3 - Moving Services.
Sharespace may refer Customers to Movers for Moving Services. Movers and Customers may also agree to use the Sharespace Services as a billing platform in accordance with these Terms.
5.1 - Customers
5.1.1 - Service Fees. As a Customer, you agree to pay the amounts charged for your use of the Sharespace Platform, including for any Storage Services or Moving Services (“Service Fees”). Service Fees may also include other applicable fees or taxes, as applicable. Service Fees will be set forth at the time you make a Booking. Sharespace reserves the right to modify Service Fees after the first 6 months of a Booking Term by providing Customer with at least 30 days advance notice. Service Fees for Moving Services will be determined by the Movers and billed by Sharespace at the option of the Movers and Customer.
5.1.2 - Billing Frequency. For Storage Services, you will be billed at the time of booking for the pro-rated monthly Service Fees, and in advance at the beginning of each month for the monthly Service Fees. For Moving Services, you will be billed in advance for the full amount of the Service Fees. Sharespace will prorate the final month of Service Fees for Customers that provide at least thirty (30) days notice of non-renewal of a Booking Term.
5.2 - Hosts & Movers
5.2.1 - Host Payment. Hosts are entitled to charge rent for each Booking of Storage Services (“Rent”). You acknowledge that by accepting the Booking, you accept the Rent proposed by Sharespace. You acknowledge and agree that the Rent is the only payment for Storage Services. You appoint Sharespace as your limited payment collection agent solely for the purpose of accepting the Rent via the payment processing functionality provided by the Sharespace Services. You acknowledge and agree that the Fees charged to Customers will include Rent payable to you and a platform service fee (“Platform Fee”) payable to Sharespace. You agree that payment of Rent made by Customer to Sharespace will be considered the same as payment made directly by Customer to you.
5.2.2 - Mover Payment.
Movers are entitled to charge fees for each Moving Service (“Moving Fees”). You acknowledge that you will set the Moving Fees. You acknowledge and agree that the Moving Fees are the only payment for Moving Services. You appoint Sharespace as your limited payment collection agent solely for the purpose of accepting the Moving Fees via the payment processing functionality provided by the Sharespace Services. You agree that Sharespace may deduct any fees payable to the third-party payment processor when it remits Moving Fees to you. You agree that payment of Moving Fees made by Customer to Sharespace will be considered the same as payment made directly by Customer to you.
5.2.3 - Payment. Sharespace will remit applicable Rent and Moving Fees collected from Customers after collection.
5.2.4 - Taxes. Movers and Hosts are responsible for determining your obligations to report, collect, or remit any Taxes. “Taxes” mean any sales or consumption taxes that Storage Service or Moving Service providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
5.3 - Additional Fees. Sharespace may charge Members administrative and penalty fees (“Additional Fees”) as further set forth in the Sharespace Fee Schedule.
5.4 - Credit Cards. Upon addition of a new payment method, or each new Booking, Sharespace may seek authorization of your payment method to verify the payment method, ensure the Fees will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
5.5 - Billing Policy. Sharespace may bill for Additional Fees at the time they are incurred. Sharespace reserves the right to modify the Additional Fees from time to time. All Fees are non-refundable. “Fees” means the Service Fees and Additional Fees.
5.6 - Payment Processing. All Fees, Rent, and Moving Fees are facilitated through a third-party payment processing service (e.g., Stripe, Inc.) for which you may be required to have a user account. Sharespace may replace its third-party payment processing service at any time without notice. All Fees (except for Moving Services where the Movers and Customers have opted to arrange payment outside of the Sharespace Services) must be made through the Sharespace Services.
6.1 - Agreement Term. These Terms will be effective for the calendar month in which you accepted the Terms, and will automatically and continuously renew for subsequent month terms until you or Sharespace terminates the Terms in accordance with this Agreement (the “Agreement Term”).
6.2 - Termination of Agreement Term By Member. If you do not have an active Storage Term or Booking Term or scheduled Moving Services, you may terminate these Terms at any time. If you do have an active Storage Term or Booking Term or scheduled Moving Services or an active Rental Term under the Rental Agreement with Sharespace, you may terminate these Terms immediately after your Storage Term or Booking Term is terminated in accordance with these Terms.
6.3 - Termination of Agreement Term by Sharespace. If you do not have an active Storage Term or Booking Term or scheduled Moving Services, Sharespace may terminate these Terms upon thirty (30) days prior notice to you. If you do have an active Storage Term or Booking Term or scheduled Moving Services, Sharespace may terminate these Terms upon ninety (90) days prior notice to you.
6.4 - Termination of Agreement Term by Sharespace for Cause. Sharespace may immediately, without notice terminate these Terms (along with any Storage Term or Booking Term) if (a) you have materially breached your obligations under these Terms or the Sharespace Policies, (b) you have violated applicable laws, regulations or third-party rights, (c) in order to comply with law or regulation, or (d) Sharespace believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sharespace, its Members, or third parties.
6.5 - Additional Sharespace Rights. In addition, Sharespace may take any of the following measures (a) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (b) you have breached these Terms, the Sharespace Policies, applicable laws, regulations, or third party rights, (c) you have provided inaccurate, fraudulent, outdated or incomplete information during the Sharespace account registration, your offering of Storage Services or Moving Services, or during Booking process, or thereafter, (d) you and/or your Storage Services or Moving Services at any time fail to meet any applicable quality or eligibility criteria, (e) you have repeatedly received poor Ratings or Reviews or Sharespace otherwise becomes aware of or has received complaints about your performance or conduct, or (f) Sharespace believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sharespace, its Members, or third parties, or to prevent fraud or other illegal activity:
6.5.1 - refuse to book, delete or delay any Storage Services, Moving Services, Ratings, Reviews, or other Member Content;
6.5.2 - cancel any pending or confirmed Storage Services or Moving Services;
6.5.3 - limit your access to or use of the Sharespace Platform;
6.5.4 - temporarily or in case of severe or repeated offenses permanently suspend your access to the Sharespace Platform; or
6.5.5 - terminate these Terms without notice to you. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Sharespace and an opportunity to resolve the issue to Sharespace's reasonable satisfaction.
6.6 - No Compensation. If Sharespace takes any action with respect to Hosts and Movers under Section 6.4 or 6.5, you will not be entitled to any compensation for pending or confirmed Storage Services or Moving Services that were cancelled. If Sharespace takes any action with respect to Customers under Section 6.4 or 6.5, you will not be entitled to any refunds for pending or confirmed Storage Services or Moving Services that were cancelled or any cost of retrieving Stored Items.
6.7 - No New Accounts. When these Terms have been terminated, you are not entitled to a restoration of your Sharespace account or any of your Member Content. If your access to or use of the Sharespace Platform has been limited or your Sharespace account has been suspended or these Terms has been terminated by us, you may not register a new Sharespace account or access and use the Sharespace Platform through an Sharespace account of another Member.
6.8 - Termination of Rental Agreement. Termination of these Terms by either party will result in termination of the Rental Agreement.
6.9 - Survival. Sections 2.3, 2.7, 3.3.3, 5, 6.8, 8.2, 8.3, 8.5, 8.6, 9, 10, 11, 12, 13, 14, 17, and 18 will survive expiration or termination of the Terms.
7.1 - Submission. Within a certain timeframe after activities related to use or offering of Storage Services or Moving Services, Members may be invited to leave a public review (“Review”) and submit a star rating (“Rating”) about each other.
7.2 - About Ratings & Reviews. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Sharespace. Ratings and Reviews are not verified by Sharespace for accuracy and may be incorrect or misleading.
7.3 - Ratings & Reviews Requirements. Ratings and Reviews by Members must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Sharespace’s Acceptable Use Policy. Members are prohibited from manipulating the Ratings and Reviews system in any manner.
8.1 - Sharespace License. Sharespace may enable you to (a) upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Sharespace Platform ("Member Content"); and (b) access and view Member Content and any content that Sharespace itself makes available on or through the Sharespace Platform, including proprietary Sharespace content and any content licensed or authorized for use by or through Sharespace from a third party ("Sharespace Content"). Sharespace grants you a limited, non-exclusive license to access and use the Sharespace Platform and view and interact with the Sharespace Content and Member Content through the Sharespace Platform for your personal use during the Agreement Term.
8.2 - Member License. You own your Member Content. These Terms do not give Sharespace any rights to your Member Content except for the limited rights granted in these Terms. You grant to Sharespace a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable and transferable license to your Member Content for Sharespace to use, copy, distribute, create derivative works based on, display, perform, and distribute the Member Content to provide or promote the Sharespace Platform, in any media or platform. You represent and warrant that you have the right to make available your Member Content on the Sharespace Platform and grant the license set forth in this section.
8.3 - Sharespace Ownership. The Sharespace Platform, Sharespace Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. Except for the licenses granted in these Terms, you acknowledge and agree that these Terms do not grant you any right, title, or interest in or to the Sharespace Platform and Sharespace Content. The Sharespace Platform and Sharespace Content, including all associated intellectual property rights, are the exclusive property of Sharespace and/or its licensors or authorizing third-parties.
8.4 - Copyright. We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to firstname.lastname@example.org. We reserve the right to delete or disable content alleged to be infringing and terminate Sharespace Accounts of repeat infringers.
8.5 - Content Removal. Sharespace reserves the right, at any time and without prior notice, to remove or disable access to any Member Content that Sharespace, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or any Sharespace Policies, or otherwise harmful to the Sharespace Platform.
8.6 - Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Sharespace Platform (“Feedback“). By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
We strive to provide great Sharespace Services, but there are some things we cannot guarantee to you. YOUR USE OF THE SHARESPACE SERVICES, STORAGE SERVICES, MOVING SERVICES, AND RETRIEVAL SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHARESPACE, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, STATOTORY OR OTHERWISE, ABOUT THE SHARESPACE PLATFORM. THE SHARESPACE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” SHARESPACE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OR TRADE. SHARESPACE MAKES NO WARRANTY THAT THE SHARESPACE SERVICES, MOVING SERVICES, STORAGE SERVICES, OR RETRIEVAL SERVICES WILL MEET YOUR REQUIREMENTS OR BE COMPLETE, SECURE, OR RELIABLE. SHARESPACE MAKES NO WARRANTY THAT IF IT CONDUCTS ANY BACKGROUND CHECKS, THAT SUCH BACKGROUND CHECKS WILL IDENTIFY MISCONDUCT OF A MEMBER OR GUARANTEE THAT A MEMBER WILL NOT ENGAGE IN FUTURE MISCONDUCT. To the extent some countries have laws requiring the application of local law, the provisions of this section may not apply to you.
We value all of our Members and we understand that occasionally disputes may arise among them. Our goal is to provide tools to help Members resolve such disputes independently. If a dispute cannot be resolved independently, you agree to participate in a neutral resolution, mediation, or arbitration process conducted by Sharespace or a neutral third-party mediator or arbitrator selected by Sharespace. Notwithstanding the foregoing, you acknowledge and agree that Sharespace is under no obligation to become involved or impose resolution in any dispute between or among Members or any third party.
11.1 - Informal Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Sharespace, you agree to try to resolve the dispute informally by contacting email@example.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Sharespace may bring a formal proceeding.
11.2 - Governing Law. These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.
11.3 - Venue. You and Sharespace agree that any judicial proceeding to resolve claims relating to these Terms or the Sharespace Platform will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Sharespace consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements.
12.1 - Agreement to Arbitrate. If you are a United States resident (including its possessions and territories), you and Sharespace agree that any claims between you and Sharespace relating in any way to these Terms or the Sharespace Platform will be determined by binding arbitration, except as set forth in the Exceptions to Arbitration section below. Your agreement to arbitrate disputes includes disputes arising out of or relating to the interpretation or application of this Arbitration section, including its enforceability, revocability, and validity.
12.2 - Arbitration Procedures. The arbitration will be administered under the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) with a single arbitrator. The arbitration will be held in the United States county where you live, San Francisco, California, or any other location we agree to.
12.3 - Arbitration Fees. The AAA Rules will govern the payment of all filing, administration, and arbitrator fees. If your claim is for less than US$10,000, the parties may mutually agree to a telephonic hearing. If you receive an arbitration award that is more favorable than any offer we made to resolve the claim (or if we did not make an offer), we will pay you $100 in addition to the award. We will not seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
12.4 - Exceptions to Arbitration. You and Sharespace may bring claims in a small claim court action in the United States county where you live or San Francisco, CA. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sharespace Platform, intellectual property infringement, or imminent danger or commission of a crime without first engaging in arbitration.
12.5 - No Class Actions. YOU AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST SHARESPACE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific paragraph is held unenforceable, then the entirety of the “Arbitration” section will be deemed void.
You agree to release, defend (at Sharespace’s option), indemnify, and hold Sharespace and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your breach of these Terms, (b) your use of the Sharespace Platform, (c) your Member Content, (d) your interaction with any Member, or (e) your use or provision of any Storage Services or Moving Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use. If you are a California resident, you waive California Civil Code Section 1542 which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
TO THE FULLEST EXTENT PERMITTED BY LAW, SHARESPACE AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, OR SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, OR (C) DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) USE OF THE SHARESPACE SERVICES, STORAGE SERVICES, MOVING SERVICES, OR RETRIEVAL SERVICES, (III) OFFER OR PERFORMANCE OF STORAGE SERVICES OR MOVING SERVICES, (IV) STORED ITEMS, OR (V) INTERACTIONS WITH OTHER MEMBERS OR OTHER PERSONS AS A RESULT OF YOUR USE OF THE SHARESPACE PLATFORM, STORAGE SERVICES, MOVING SERVICES, OR RETRIEVAL SERVICES, REGARDLESS OF THE LEGAL THEORY AND REGARDLESS OF WHETHER SHARESPACE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHARESPACE’S AND ITS AFFILIATES’, SUPPLIERS’, AND DISTRIBUTORS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS, (B) USE OF THE SHARESPACE SERVICES, STORAGE SERVICES, MOVING SERVICES, OR RETRIEVAL SERVICES, (C) OFFER OR PERFORMANCE OF STORAGE SERVICES OR MOVING SERVICES, (D) STORED ITEMS, OR (E) INTERACTIONS WITH OTHER MEMBERS OR OTHER PERSONS AS A RESULT OF YOUR USE OF THE SHARESPACE PLATFORM, STORAGE SERVICES, MOVING SERVICES, OR RETRIEVAL SERVICES, EXCEED THE GREATER OF EITHER (I) IF YOU ARE A HOST OR MOVER, THE AMOUNT SHARESPACE HAS REMITTED TO YOU IN RENT OR MOVING FEES, AS APPLICABLE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (II) IF YOU ARE A CUSTOMER, FEES MINUS THE RENT OR MOVING FEES PAID TO HOSTS OR MOVERS IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. To the extent some countries have laws requiring the application of local law, the provisions of this section may not apply to you.
We may modify these Terms periodically to reflect changes to the law, changes to the Sharespace Platform, or to better communicate with you. If an update affects your use of the Sharespace Platform, we will notify you prior to the update’s effective date (except for changes due to legal or regulatory reasons which may be effective immediately). Otherwise, updates will be effective as of the date posted on this website. If you do not agree to the modified Terms for the Sharespace Platform, you should discontinue your use of the Sharespace Platform. Your continued use of the Sharespace Platform constitutes acceptance of the modified Terms.
Sharespace will not be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, labor disputes, governmental action, utilities failures, and Internet disturbance) that was beyond its reasonable control.
You consent to receive all notices regarding the Sharespace Platform or these Terms electronically at the email address associated with your Sharespace Account, and agree the notice will be deemed received on the date sent. Notices to Sharespace with respect to accessing a Storage Space, terminating a Storage Term or terminating a Booking Term must be either provided within the Sharespace Services. Other notices to Sharespace must be sent to firstname.lastname@example.org.
Except as supplemented by documents or policies referenced herein, these Terms constitute the entire agreement between you and the Sharespace with respect to the subject matter of these Terms and supersede any prior or contemporaneous agreements regarding the Sharespace Platform. If any provision of these Terms is held to be unenforceable, the remaining portion of the Terms will remain in full force and effect and the unenforceable provision will be substituted with an enforceable provision to reflect the intent of the original as closely as possible. These Terms create no third-party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so. Any waiver of any right must be in writing and signed by an authorized representative of Sharespace. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, at our discretion.