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Storzzy Corp. Terms of Service

Last Updated - May 15, 2023

BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS BELOW. PLEASE READ THEM CAREFULLY.

1. Key Terms

Storzzy Corp., a company organized under the laws of the Province of Ontario (hereafter referred to as “Storzzy”, “we”, “us”, or “our”) provides an online platform that connects Hosts who rent Space to Renters (collectively, the “Services”). In this document, the terms “Service” or “Services” refer to any services we offer, including, but not limited to, all Storzzy web applications, mobile applications, and other software, helpdesk services, beta versions, and the website accessible at www.storzzy.com and its associated content (collectively, the “Site”) as well as any and all marketing channels where Collective Content may be disseminated in Storzzy's sole discretion. The terms “you” or “your” refer to the users of the Storzzy Service. The term “Host” refers to the person who publishes and offers Space for the storage of Stored Items. The term “Renter” refers to the person who receives a temporary license under these Terms to use the Host's Space for the storage of Stored Items. The term “Space” refers to the area of the Host's property licensed, rented, or offered for rental by a Host. The term “Listing” refers to the searchable description advertising the Host's Space as found on this Site or the Services. The term “Stored Items” refer to the property or goods of the Renter that are stored in the Host's Space. The term “Booking” refers to a confirmed transaction between Host and Renter whereby Renter stores its property in a Host's Space. “Member” means a person who creates a Storzzy account (“Storzzy Account”) through the registration process, including, but not limited to Hosts and Renters. “Storzzy Content” means all Content that Storzzy makes available through the Site including any Content licensed from a third party but excluding Member Content. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site. Member Content may include user profiles and biographical information. “Collective Content” means Member Content and Storzzy Content. “Content” means text, graphics, images, software, audio, video, information or other materials. Other incorporated terms shall have the meaning specifically set out in these Terms, as applicable.

2. Terms Relating to Service

2.1 Storzzy's Responsibilities

Storzzy makes available a platform or marketplace with related technology for Renters and Hosts to meet online and arrange for Bookings of storage. Storzzy is not an owner or operator of properties, nor is it a real estate broker, real estate agent, insurer, or escrow agent. Storzzy does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties or any Listings. Storzzy's responsibilities are limited to facilitating the availability of the Site, Services, payments and its platform. Storzzy does not act as an agent for any Member except in limited circumstances to assist in remedying a Renter's Default in accordance with these Terms. Storzzy has no control over the conduct of Hosts, Renters, or other users of the Site and Services, and disclaims any and all liability.

2.2 Agreement to Terms

By using the Site or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a Member, or other registered user of the Services.

These Terms govern your access to and use of the Site and Collective Content, which constitute a binding legal agreement between:

  1. you and Storzzy and
  2. a Renter and Host.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site or Collective Content. Unauthorized or improper use of the Services or a violation of the Terms set forth herein may result in you being banned from the Site and any use of the Services, Site and Storzzy's platform or other service and may subject you to civil liability and/or criminal penalties.

2.3 Host and Renter Agreements

When a Booking is made, the Host and Renter are entering into a direct contract. Hosts are responsible for delivering the Space under the terms and at the price specified in the Listing. When a Booking is made, Renters are also agreeing to pay applicable fees such as Storzzy's service fee (and applicable taxes) for each Booking. Storzzy will deduct amounts Renters owe to Storzzy (for Services, use of the Site, utilizing the Services, etc.) from the Total Fees payable to Host.

Any terms, policies or conditions included in a Listing must:

  1. be consistent with these Terms, our other legal terms and policies posted on our website, and the information provided in your Listing, and
  2. be prominently disclosed in your Listing description.

YOU UNDERSTAND AND AGREE THAT STORZZY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, AND YOU AGREE NOT TO INVOLVE STORZZY IN ANY DISPUTE BETWEEN HOSTS AND RENTERS, EXCEPT AS THESE TERMS EXPRESSLY REQUIRE STORZZY TO BE INVOLVED. ANY AGREEMENT BETWEEN HOSTS AND RENTERS WILL NOT MODIFY OR IMPACT HOSTS' AND RENTERS' OBLIGATIONS TO STORZZY UNDER THESE TERMS OR STORZZY'S RIGHTS UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO,

  1. STORZZY'S RIGHT TO PROCESS ALL PAYMENTS FROM RENTERS TO HOSTS RELATED TO THE BOOKING OR USE OF THE SPACE THROUGH THE STORZZY PLATFORM, AND
  2. IN THE LIMITED CIRCUMSTANCES WHEN STORZZY ASSISTS WITH REMEDYING A RENTER DEFAULT, AS PROVIDED HEREIN, SUCH ASSISTANCE WILL BE PROVIDED IN ACCORDANCE WITH THESE TERMS.

2.4 Know Your Legal Obligations

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO BECOME FAMILIAR WITH AND ABIDE BY ANY LAWS, RULES, REGULATIONS AS WELL AS CONTRACTS WITH THIRD PARTIES THAT RELATES TO THE RENTAL AND/OR USE OF THE SPACE, INCLUDING ANY REQUIREMENT FOR HOSTS TO REGISTER OR OBTAIN A LICENSE OR PERMIT BEFORE LISTING A SPACE. STORZZY DOES NOT ADVISE ON ISSUES RELATED TO APPLICABLE LAWS, RULES OR REGULATIONS. YOU ARE RESPONSIBLE FOR HANDLING AND USING PERSIONAL DATA OF RENTERS AND OTHERS IN COMPLIANCE WITH APPLICABLE PRIVACY LAWS AND OUR TERMS. IF YOU HAVE ANY QUESTIONS ABOUT HOW APPLICABLE LAWS APPLY, YOU SHOULD ALWAYS SEEK LEGAL ADVICE.

2.5 Listing Content and Suitability of Space

The Site and Services are intended to be used to facilitate the Booking of Space. Storzzy cannot and does not control the Member Content, Content contained in any Listing nor the condition, legality, or suitability of any Space. Storzzy is not responsible for, and disclaims any and all liability arising from, the Member Content, the Content of any Listing or the suitability of any Space.

2.6 Authority

You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any Content from or on the Site or through the Services, or by referring others, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site, mobile/web application, or Services. If you do not agree to these Terms, then you have no right to access or use the Site, Services, or Collective Content. If you accept or agree to these Terms 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, and its successors and assignors.

2.7 Age Requirement

The Site is intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years of age or older.

2.8 Notice of Lien

PLEASE NOTE THAT BY ACCESSING THE SITE, UTILIZING THE SERVICES, AND COMPLETING ANY BOOKING FOR STORAGE IN A SPACE, YOU ARE CONSENTING TO THE CREATION OF A LIEN AS DESCRIBED IN SECTION 8.12.

3. Accounts

3.1 Third Party Accounts

As part of the functionality of the Site and Services, you may link your Storzzy Account with third party accounts (“Third Party Account”), by either:

  1. providing your Third Party Account login information to Storzzy through the Site or Services; or
  2. allowing Storzzy to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to Storzzy and/or grant Storzzy access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Storzzy to pay any fees or making Storzzy subject to any usage limitations imposed by such third party service providers. By granting Storzzy access to any Third Party Accounts, you understand that Storzzy will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and Services via your Storzzy Account and Storzzy Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Storzzy Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or Storzzy's access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Storzzy Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site. YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

3.2 Social Network Service Content

Storzzy makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Storzzy is not responsible for any SNS Content.

3.3 Account Information.

We will create your Storzzy Account and your Storzzy Account profile page based upon the personal information you provide to Storzzy or that we obtain via a Third Party Account as described above. You may not have more than one (1) active Storzzy Account. You agree to provide accurate, current and complete information during the registration process and to promptly update such information to keep it accurate, current and complete. All changes to contact information, including addresses, phone numbers, and email addresses, will not be effective unless the new information is complete and is reported via the Storzzy Site. Storzzy requests that Renters provide contact information for a secondary/emergency contact whom Storzzy and/or the Host may contact in the event you are unreachable and to whom notices may be sent, if required by applicable law. Hosts acknowledge that they are required to provide correct bank account information in order to receive the Host payout. Storzzy reserves the right to suspend or terminate your Storzzy Account and your access to the Site and Services without cause or notice. Some possible reasons for termination include but are not limited to:

  1. if you create more than one Storzzy Account;
  2. if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and
  3. breach of these Terms.

Termination of an account may result in forfeiture and destruction of all information associated with such account and Storzzy shall not be liable for any damages associated with such termination including without limitation, damages for loss of profits.

3.4 Password

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Storzzy Account, whether or not you have authorized such activities or actions. You will immediately notify Storzzy of any unauthorized use of your Storzzy Account by emailing admin@storzzy.com.

3.5 Communications And Notices

You have provided Storzzy certain contact information, including, but not limited to, a cell phone number and email address. YOU AGREE THAT ALL NOTICES REQUIRED BY THESE TERMS OR BY LAW MAY BE SENT BY STORZZY TO THE EMAIL ADDRESS YOU HAVE PROVIDED. You hereby give express consent to Storzzy and its affiliates, agents, and service providers, including any Storzzy-designated collections agency, to use written, electronic, or verbal means to contact you. This consent includes, but is not limited to, contact by mail, manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. Storzzy may also contact you about current or future services available to you. You may revoke your consent by contacting Storzzy at admin@storzzy.com.

4. Listings

4.1 Creation Of Listings

As a Member, you may create Listings. Your Listing must include complete and accurate information about your Space, your price, other charges like cleaning fees, and any rules or requirements that apply to your Renters or Listing. You are responsible for keeping your Listing information (including calendar availability) and Content (like photos) up-to-date and accurate at all times. You may only maintain one Listing per Space, but may have multiple Listings for a single property if it has multiple Spaces. In order to be featured in Listings via the Site and/or Services, all Space must have a valid physical address. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Space via the Site and Services based upon the information provided in your Listing.

4.2 Host Responsibilities

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or Renter's use of, a Space in a Listing you post

  1. will not breach any agreements you have entered into with any third parties,
  2. you own, license, or otherwise have all necessary rights to occupy or rent the Space, and
  3. will
    1. be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space included in a Listing you post, including, but not limited to, zoning laws, licensure requirements, and laws governing rentals of residential and other properties and
    2. not conflict with the rights of third parties.

Please note that Storzzy assumes no responsibility for a Host's compliance with any applicable laws, rules and regulations.

4.3 Storzzy's Right to Remove Listings

Storzzy reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Storzzy, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or applicable law or otherwise harmful to its community or the Site or Services.

4.4 Host Imposed Requirements

When you create a Listing, you may also choose to include certain requirements and list prohibited items which must be met by the Members who are eligible to request a Booking of your Space, including, but not limited to, requiring Members to have a profile picture, connected social network account or other Third Party Account or verified phone number in order to book your Space. Any Member wishing to book a Space included in Listings with such requirements must meet these requirements. The Renter, Renter's employees, agent, family, guests and other invitees agree to comply with Host's requirements and policies and any other rules which are contained in the Listing or otherwise agreed to by Renter. Failure to comply with such rules may result, without limitation, in

  1. the Renter being held in Default (as defined below) and
  2. the Renter being responsible for damages to the Host's property or Space.

4.5 Space Description.

Each Host must provide a truthful and accurate description of the Space in a Listing. If a Host misrepresents a Space or otherwise provides inaccurate or incomplete information about a Space in a Listing, as determined by Storzzy in its sole discretion, Storzzy may, in its sole discretion, determine if and the extent to which the applicable Renter is entitled to a refund. Additionally, Storzzy may, in its sole discretion,

  1. refuse to pay Host amounts refunded to Renter,
  2. withhold current or future payouts to Host,
  3. otherwise charge or pull back payouts to Host, or
  4. seek all legal remedies against Host for Host's violation of this provision or these Terms.

If Renter believes the Space does not match the description in the Listing or is otherwise not as anticipated, Renter may refuse to rent the Space and has 24 hours from the Start Date to notify Storzzy of the deficiencies provided Renter has not moved any Stored Items into the Space. However, in the event that Renter does not notify Storzzy of any deficiency within 24 hours from the Start Date or Renter has moved Stored Items into the Space, Renter confirms the Listing description is accurate and confirms Renter's acceptance of the Booking and the terms and conditions therein.

4.6 Host Responsible for Host's Actions

You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Space at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Space, if applicable). Hosts agree to use the Space's existing security features (e.g., doors, garage doors, gates, locks, cameras, etc.), if any, to reasonably protect the Stored Items from damage or theft. In the event Storzzy incurs expenses or losses as a result of damage to Stored Items kept at a Space, whether or not as a result of Host causing such damages, or Host's violation of these Terms or negligent conduct, Host shall be responsible for compensating Storzzy for such loss or expense, and Storzzy may collect such compensation by any means, including withholding and pulling back payouts to Host. Hosts agree to correspond with Storzzy and, upon request, provide information related to Bookings and Listings, including providing information related to damages or theft of Stored Items and other claims by Renters.

4.7 Taxes

You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Storzzy cannot and does not offer tax-related advice to any Members of the Site and Services. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. Storzzy is neither responsible nor liable for notifying, collecting, or paying any such taxes.

4.8 Payments Must Be Made on Platform

Hosts agree to never insist, ask, or insinuate that a Renter pay any or all of the fees described herein directly to Host, and Host agrees to never accept payment made directly to Host with a cheque, cash, or any payment method other than by payment through Storzzy. Renters also agree to never ask a Host to receive any or all of the fees directly, and Renter agrees to never make payment directly to Host. If a Host or Renter violates this prohibition, Storzzy may immediately cancel the Host's and/or Renter's account, Host and Renter will remain liable for the applicable fees, and Host and Renter shall pay Storzzy an amount equal to 24 months of Total Fees to partially compensate for administrative costs and not as a penalty. Storzzy may collect such fees by, among other things, deducting the fees from amounts owed to Host or otherwise charging the Host's and/or Renter's account. Any deduction and/or payment hereunder shall not limit Storzzy from pursuing any other remedy to which it is entitled hereunder or pursuant to applicable law. Any dispute and/or litigation between Renters and Hosts regarding direct payments in violation of this section shall be between Hosts and Renters exclusively and shall not name or otherwise include Storzzy as a party.

5. Payment Authorization

In connection with your Booking, you will be asked to provide customary billing and payment information, including your name, billing address and credit card or other payment information, either to Storzzy or its third party payment processor. If you are directed to Storzzy's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using such services. You hereby authorize the collection of all amounts by charging the credit card or other payment method provided as part of requesting the Booking, either directly by Storzzy or indirectly via a third party online payment processor or by one of the payment methods described on the Site or Services. Please note that Storzzy cannot control any fees that may be charged to a Renter by its bank related to Storzzy's collection of owed amounts, and Storzzy disclaims all liability in this regard. You understand and agree that Storzzy, on behalf of the Host, reserves the right, in its sole discretion, to

  1. obtain a pre-authorization via your credit card for the amounts owed or
  2. charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card.

6. Insurance

Storzzy does not provide insurance to Hosts or Renters. Hosts and Renters are responsible to provide or obtain their own insurance to cover damages that may occur to the Host's and/or Renter's property, including damages to the Stored Items. Storzzy is not obligated to provide insurance to protect the Stored Items or damages to the Space, and STORZZY DOES NOT HAVE INSURANCE COVERING THE STORED ITEMS OR SPACE. STORZZY RECOMMENDS THAT RENTERS PURCHASE INSURANCE FOR THEIR STORED ITEMS, WHICH INSURANCE IS AVAILABLE FROM MOST INSURERS. RENTERS MAY BE RESPONSIBLE FOR POTENTIAL THEFT OR DAMAGE. SHOULD HOSTS OR RENTERS CHOOSE NOT TO PURCHASE INSURANCE THEY DO SO AT THEIR OWN RISK.

7. Background, Credit, and Criminal History Checks

Hosts and Renters have the right to check each other's background, credit history and/or criminal history (collectively, “Background Checks”) and refuse to complete a Booking or terminate a Booking upon receipt of such Background Checks. Storzzy has the right, but has no obligation, to perform these same Background Checks on Renters and Hosts. You hereby expressly agree to Storzzy's use of a third-party provider to perform a Background Check, in Storzzy's discretion, for the purposes of these Terms and your use of the Site and Services. Storzzy is not responsible for the information in or the accuracy of the Background Checks, and you hereby release and hold Storzzy harmless from any and all liability related to the Background Checks, including any party's performance of or failure to perform the Background Checks and the actions taken by any party upon receiving the Background Check. STORZZY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY ANY HOST OR RENTER SERVICE BASED ON THE RESULTS OF A BACKGROUND CHECK.

8. Booking and Financial Terms

8.1 Accepting and Declining Bookings

If you are a Host and a Booking is requested for your Space via the Site or Services, you must approve or decline the Booking within 48 hours of when the Booking is requested (as determined by Storzzy in its sole discretion) or the Booking request will be automatically declined. When a Booking is requested via the Site or Services, we will share with you

  1. the first and last name of the Renter who has requested the Booking,
  2. a disclosure of the items that the Renter wishes to store,
  3. the start date of the requested Booking period (“Start Date”) and
  4. a link to the Renter's Storzzy Account profile page.

If you are unable to confirm or decide to decline a Booking of a Space within such 48 hour period, any amounts collected by Storzzy 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. When you confirm a Booking requested by a Renter, the address for the Space will be shared with the Renter, and Storzzy will send you an email or text message or other notification confirming the Booking, depending on the selections you make via the Site and Services.

8.2 Fees

When you book a Listing, you are agreeing to pay all charges for your Booking including the Space Fees, applicable fees such as Service Fees, Processing Fees, applicable taxes and any other items identified during check out (collectively, the “Total Fees”). Unless otherwise indicated, Total Fees in the Listing are displayed on a monthly basis. The amounts due and payable by a Renter solely relating to a Host's Space are the “Space Fees”. Please note that it is the Host, and not Storzzy, which determines the Space Fees. Space Fees may also include applicable municipal, provincial or federal taxes. Storzzy charges a fee to Renters based upon a percentage of applicable Space Fees, which is referred to herein as “Service Fees”. The standard Service Fee is set forth in the documentation communicated to Renters at the time they receive a confirmed Booking and may change from time to time after notice to Renters. “Processing Fees” are to cover the merchant services and direct deposit or processing that Storzzy uses to process payments. The Host will be responsible for paying the Processing Fees in full. Except as otherwise provided herein, Service Fees and Processing Fees are non-refundable.

8.3 Renter Payment

Each Renter agrees to pay Storzzy the Total Fees for any Booking requested in connection with your Storzzy Account if the applicable Host confirms such requested Bookings. Such payment shall be made in accordance with these Terms by one of the methods described on the Site or Services.

8.4 Recurring Payments; Host Receipt of Space Fees

Storzzy will collect from Renter the Total Fees at the time of Booking confirmation (i.e., when Host confirms the Booking). Unless otherwise indicated, Total Fees represent the fees payable by Renter for each calendar month.. The Booking period is month-to-month and Storzzy will initiate payout of the Total Fees to the Host at the beginning of each calendar month during the Booking. If the Start Date is not the first day of a calendar month, the Total Fees payable by Renter for such month will be prorated. Renter will be charged applicable fees on a recurring basis at the beginning of each Monthly Period (“Recurring Payments”). If Recurring Payments apply to your payment obligations for Total Fees owed for a Booking, you authorize Storzzy, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services. Unless Host and Renter agree to a prorated fee for the first month and Storzzy permits such proration, proration of monthly fees is not available. If Storzzy permits and Host and Renter agree to a prorated fee for the first month and the Booking is canceled before Renter is charged for the second month, Storzzy shall charge Renter the difference between the prorated fee and the fee for a full month. By placing a Booking through the Services, Renter agrees that all charges processed through the Site are deemed in accordance with these Terms. Hosts acknowledge that Space Fees will be directly deposited into their bank accounts, net of Service Fees and Processing Fees. If Renter does not dispute a charge within thirty (30) days of such charge, Renter waives any claim or argument that the charge was made in error or in violation of these Terms.

8.5 Renter Disclosures

As a Renter, you agree to disclose on the Site the items you wish to store upon requesting a Booking, including whether you will store any of the following items:

  1. documents, files, or electronic data that contain personal information, such as social security numbers, credit or debit card information, bank account information, passport information and medical or legal records relating to clients, customers, patients or others in connection with your business;
  2. alcoholic beverages; and
  3. pharmaceuticals other than those dispensed by a licensed pharmacy for your personal use.

If you wish to store additional items or remove items after completing a Booking, you agree to

  1. disclose those changes via the Site or Services, including changes related to any person or entity holding a lien or other security interest in the Stored Items and
  2. communicate the changes to the Stored Items to the Host.

You acknowledge and agree that both Storzzy and the Host are not liable for undisclosed items and you accept liability for any damages caused to the Host's space or property by any undisclosed items. We recommend that Renters and Hosts take photos of Stored Items in the Space.

8.6 Renter Access to Space

In the Listing, the Host agrees to provide the times that the Renter may access Stored Items. In some cases, Host may provide Renter with means for unlimited access. Renter must contact Host at least 24 hours in advance to request access unless otherwise specified in the Listing. Unless otherwise noted in the Listing, the Host must provide reasonable access to the Space upon request from the Renter and communicate with the Renter in a timely manner. Renter is strongly encouraged to keep Host informed of any anticipated changes that may affect the terms of storage.

8.7 Transporting Stored Items

The Host is not required to transport or otherwise handle the Stored Items, and Storzzy recommends that the Host not handle the Stored Items. If a Host transports or handles the Stored Items, the Host does so at its own risk. Renters should not leave keys to their vehicle with the Host. If keys to a Renter's vehicle are provided to the Host, the Renter does so at its own risk, and Storzzy is not responsible or liable for any costs, fees, expenses, damages, losses, or liability that may result or arise from Host having access to keys, including Host operating or otherwise moving the vehicle.

8.8 Space Move-Out Duties

At or before the end of the Booking period for the Space, Renter must vacate the Space completely. Renter must remove all contents and debris. Renter must leave the Space in good “broom clean” condition. Additional fees may be charged for Renter's delayed removal of Stored Items and as otherwise provided herein. Renter may be subject to additional costs and fees as detailed in section 16 below if Renter fails to leave the Space in good condition. Except as otherwise detailed in these Terms, once the Renter has removed all Stored Items and left the Space in the condition required, and its Booking has been canceled in accordance with the Terms below, Renter no longer has any right to access or take possession of the Space.

8.9 Renter Cancellation

It is the responsibility of the Renter, not the Host, to cancel a Booking once the Renter has removed the Stored Items from the Space. Sending a message to the Host does not cancel a Booking. Renters must make the cancellation on the Site to cancel their Booking and all future payments will be stopped effective immediately. Renters are not eligible for a refund nor a prorated amount if they store for less than the standard Monthly Period, including if they fail to cancel their Booking before the next Monthly Period begins. In addition, the following provisions apply to cancellation by a Renter, subject to Storzzy's discretion:

  1. If a Renter cancels a Booking less than 24 hours after approval and/or more than three days before the Start Date, the Renter is eligible for a 100% refund of the Total Fees and the Service Fee.
  2. If a Renter cancels a Booking three days or less before the Start Date, but not on or after the Start Date, the Renter is eligible for an 75% refund of the Space Fee and will be refunded 0% of the Service Fee.
  3. Storzzy may, in its sole discretion, halt, pull back, or otherwise withhold payouts to Hosts to cover a refund to Renter if Renter timely cancels a Booking.

8.10 Host Cancellation

If a Host needs to cancel a Booking before the Renter stores its belongings, the Renter will receive a full refund, unless an alternative notice period permitting the Host to cancel was disclosed in the Listing and such Host cancellation complies with such notice period. If for some reason a Host needs to terminate a Booking after the Renter has stored its Stored Items with no default by Renter, the Host is required to provide thirty (30) days' notice to the Renter. Notwithstanding the foregoing, if an extreme situation requires a Host to terminate a Booking with less than thirty (30) days' notice, the Renter will receive a full refund (minus Service Fees) of the most recent Monthly Period and the Host will not receive the most recent month's payout and will be charged a $75 termination fee. Hosts who repeatedly cancel Bookings may be subject to additional charges, including removal from the Storzzy community and suspension of use of the Site and Services at the sole and unfettered discretion of Storzzy. In the event a Host needs to cancel a Booking as provided in this section, the Host is responsible to cancel the Booking on the Storzzy platform. Additionally, if a Host is aware that a Renter

  1. no longer intends to use the Space and
  2. has permanently removed their Stored Items from the Space or never stored items in the Space, the Host should cancel the Booking on the Storzzy platform on behalf of the Renter.

In case of Host cancellation as provided herein, Renter shall remove all Stored Items from the Space no later than 30 days following the notice date for cancellation provided by Host.

8.11 Abandoned Property

All Stored Items and other property left by the Renter after a Booking has been canceled or terminated by the Renter, or in the case that the Booking has been cancelled or terminated by the Host, 30 days following the date of such notice, shall be deemed abandoned, and Renter relinquishes all rights to such property. Storzzy and/or Host may remove and/or dispose (including through a sale) of any Stored Items left or abandoned in the Space by Renter after a Booking has been canceled or terminated. Renter shall be responsible for paying all costs incurred by Storzzy and/or Host in removing or disposing such property. Renter waives and releases any and all claims or actions against Storzzy and Host for removing or disposing of abandoned property.

8.12 Contractual Lien

Any Renter accessing the Site, utilizing the Services, and completing any Booking for a Listing to place Stored Items in a Space, agrees and consents to the creation of a lien on the Stored Items and any other personal property stored in the Space in favor of Storzzy and the applicable Host (“Lien”). The Lien attaches to the Stored Items and all personal property stored in the Space the moment you place or otherwise move the Stored Items and said personal property to the Space and stays attached to the Stored Items and all personal property stored at the Space until the Booking is terminated, and Renter has fully paid the Total Fees and any other fees associated with the Booking. You acknowledge that the purpose of this Lien is to secure payment of all debts associated with the Booking and the storage of Stored Items and all personal property in the Space, including but not limited to the Total Fees, labor, late fees and other charges related to the Stored Items and personal property in the Space and for expenses reasonably incurred in its sale or other disposition. Storzzy may, in its sole discretion, enforce the Lien by taking any action provided in these Terms, including those actions listed in the Storzzy's Remedies section below.

8.13 Maximum Stored Items Value

STORZZY SPECIFICALLY DOES NOT AGREE TO A MAXIMIUM VALUE OF STORED ITEMS. MAXIMUM VALUE OF STORED ITEMS IS A MATTER STRICTLY BETWEEN RENTER AND HOST, TAKING INTO CONSIDERATION APPLICABLE INSURANCE COVERAGE OF BOTH RENTER AND HOST, AS APPLICABLE AND AS THE RENTER AND HOST MAY OTHERWISE DETERMINE. STORRZY REITERATES AND SPECIFICALLY DRAWS ATTENTION TO SECTION 6 AND DISCLAIMS ANY OBLIGATION TO A RENTER OR HOSTS TO PROVIDE INSURANCE. ALL RISK IS WITH RENTER AND HOST.

9. Damage to Stored Items, Bodily Injury, and Theft

9.1 Damages to Stored Items

Hosts are responsible for damages caused by them to the Renter's Stored Items. To avoid disputes, Hosts are encouraged to record the initial state of the Stored Items. Storzzy may, in its sole discretion, halt or withhold Host payouts or otherwise collect amounts from Host due to such Host's misconduct (including, without limitation, for breach of these Terms) or damage to the Stored Items caused by such Host.

9.2 Bodily Injuries

Renter agrees that the use of the Space is at Renter's sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Stored Items, 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, 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.

9.3 Theft of Stored Items

The Host is not responsible for lost or stolen Stored Items so long as

  1. a police report is filed and the police determine that there is evidence of forcible or unlawful entry into the Host's Space; and
  2. Host's negligent or intentional conduct did not contribute to the theft (e.g., failing to use the Space's existing security features).

10. Renter Responsibility for Damage to Host's Property and Space

Renters are responsible for damages they or their Stored Items cause to Host's property or Space. To avoid disputes, Renters are encouraged to record the initial state of the Host's property and Space.

11. Use of Space and Prohibited Items

11.1 Use Of Space

RENTER AGREES NOT TO USE THE SPACE FOR ANY UNLAWFUL PURPOSE. THE SPACE IS TO BE USED BY RENTER ONLY FOR STORAGE OF PERSONAL PROPERTY. UNLESS HOST AND RENTER AGREE OTHERWISE, RENTER MAY NOT MODIFY HOST'S PROPERTY OR INSTALL/UTILIZE SECURITY MONITORING SYSTEMS OR CAMERAS ON HOST'S PROPERTY. RENTER MUST COMPLY WITH HOST'S REASONABLE INSTRUCTIONS AS TO WHERE ITEMS MAY BE STORED. USE OF THE SPACE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS IS EXPRESSLY PROHIBITED.

11.2 Prohibited Items.

STORAGE OF THE FOLLOWING ITEMS IS EXPRESSLY PROHIBITED (EACH IS A “PROHIBITED ITEM”):

  1. EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS
  2. PESTICIDES OR OTHER TOXIC CHEMICALS
  3. WASTE OF ANY KIND
  4. FIREARMS OR AMMUNITION
  5. DRUGS OR ANY ILLEGAL SUBSTANCES OR GOODS
  6. STOLEN GOODS OR OTHER CONTRABAND
  7. PERISHABLE FOOD ITEMS, SPOILED FOOD, LIVING OR DECEASED ANIMALS, INFESTED ITEMS, OR MOLDY ITEMS
  8. ANY ITEM THAT EMITS FUMES OR A STRONG ODOR
  9. ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE HOST ON THE LISTING AS EXPRESSLY PROHIBITED
  10. ANY OTHER ITEMS, THE POSSESSION, USAGE, TRANSPORT OR STORAGE OF WHICH MAY VIOLATE IN ANY WAY APPLICABLE LAWS, RULES, OR REGULATIONS IN ADDITION TO THE ABOVE, SMOKING IN OR AROUND THE SPACE IS EXPRESSLY PROHIBITED. LIVING OR WORKING BY RENTER IN OR AROUND THE SPACE, INCLUDING BUT NOT LIMITED TO, PERFORMING MAINTENANCE OR WORK ON ANY STORED ITEMS (I.E., VEHICLES) IS EXPRESSLY PROHIBITED. RENTERS MAY NOT MAIL ITEMS TO THE SPACE, OR USE THE SPACE AS RENTER'S MAILING ADDRESS.

11.3 Renter's Breach Of This Section

Upon breach, or Host's reasonable suspicion of breach, of this section 11 by Renter, the Renter agrees that the Host has the right to immediately terminate the Booking and demand that Renter remove the Stored Items from the Host's premises. If Renter does not remove the Stored Items as provided herein, Host may take all legally permissible actions, in its reasonable discretion, which actions may include, without limitation, forfeiture and disposal of the Stored Items pursuant to applicable law and the provisions of these Terms. 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 gives permission for authorities to search the Stored Items without a warrant. Renter agrees to release, indemnify, and hold Host and Storzzy harmless from and against any and all liability arising from or relating to the removal or forfeiture of stored property pursuant to these Terms, or the Renter's breach, including any allegations or investigations relating thereto. Renter shall forfeit all fees paid up to the date of termination hereunder.

12. Default

12.1 Default By Host

In addition to the other rights and remedies detailed in these Terms and otherwise available at law or in equity, if Storzzy determines, in its sole discretion, that a Host has or is reasonably believed to have violated these Terms or applicable law, Storzzy

  1. may recover, pull back, halt, or withhold payouts to such Host unless and until such time that it is determined by clear and convincing evidence that Host was not in violation of these Terms or applicable law, and
  2. has no obligation to assist Host in evicting Renter or removing Renter's Stored Items.

In the event Host's violation results in Storzzy and/or Renter incurring expenses or fees, Host shall be responsible for paying all such expenses and fees.

12.2 Default by Renter

Renter will be in “Default” if:

  1. Renter has failed to pay any sum when due under the Listing,
  2. Renter has failed to notify Storzzy of a change in Renter's address, e-mail address, or phone number as required in these terms;
  3. Renter has provided false or incorrect information to Host or to Storzzy;
  4. Renter has failed to vacate the Space by
    1. the end of its Booking period,
    2. the date on which Renter is to vacate as required by the Host, or
    3. the date on which Renter and Host have agreed Renter will vacate the Space;
  5. Renter has failed to comply, or upon reasonable suspicion has failed to comply, with any provision of these Terms, or any supplemental rules in the Listing or provided by Host; or
  6. Renter has violated, or upon reasonable suspicion has violated, health, safety or criminal laws on the Host's property, regardless of whether arrest or conviction has occurred. Failure of Storzzy or Host to enforce any of these Terms shall not constitute waiver of such Term(s).

13. Storzzy's Remedies on Default by Renter

13.1 Remedies

If Renter is in Default, Storzzy may, in addition to any other remedies it may have as provided in these Terms, at law, or in equity, exercise one or more of the following remedies:

  1. Deny Renter access to the Space or Renter's property until such Default is cured;
  2. Terminate Renter's Booking by giving Renter three (3) days' notice to vacate. If Renter fails to vacate and Storzzy files an eviction lawsuit, Renter will pay Storzzy's attorneys' fees and court costs plus a reasonable judicial eviction charge for Storzzy's time, inconvenience and overhead for filing the eviction suit in the amount of $100;
  3. Enforce any lien, whether such lien is statutory or contractual, including the Lien described herein, held by Host or Storzzy, by seizure and disposal (including but not limited to a sale) of all Stored Items and any other personal property in the Space, pursuant to these Terms, or applicable laws, rules and regulations, or by nonjudicial foreclosure under the Host's local and state codes, as long as applicable fees have not been paid for a period of 60 consecutive days or upon failure to comply with notice from Host and/or Storzzy to vacate the Space after 60 days or any other period prescribed by applicable law. Storzzy may accept partial payments but only payments in full, including applicable fees and costs, will stop enforcement of Host's or Storzzy's lien, including the Lien. If the Stored Items include one or more vehicles, Renter hereby agrees that Storzzy may, pursuant to these Terms and applicable laws, rules, and regulations,
    1. sell such vehicle, or
    2. tow such vehicles or have such vehicles towed by a third party chosen in Storzzy's sole discretion off of Host's property.
    Sale of the Stored Items in the Space may be accomplished using an online storage auction. Renter waives any claims, statutory or otherwise, arising out of any allegation that the removal and/or disposal of the Stored Items as provided herein was contrary to any law, rule, or regulation related to disposition of the Stored Items.
  4. In cases of emergency or exigent circumstances, including but not limited to, cases of health and safety and blockage of access ways, Storzzy may immediately remove and dispose (including through a sale) of the Stored Items.
  5. Charge or recover from Renter all fees and expenses incurred by Host and/or Storzzy as a result of Renter's Default, and Renter agrees to pay such fees and expenses.

13.2 Assignment of Remedies

Storzzy may assign its remedies, including the remedies set forth herein and any other remedies available to Storzzy, to Host or any other third-party.

13.3 Removal of Lock/Security Device

In addition to, and in connection with, the remedies set forth above, Storzzy may remove or cause to be removed any lock or security device used by Renter to secure its Stored Items.

13.4 Host Cooperation

In the event of a Default by a Renter, the Host may reasonably restrict Renter's access to the Space. Host must cooperate with Storzzy and third party service providers retained by Storzzy in any eviction, sale, auction, or other proceeding against a Renter, including removing Stored Items from the Space, and must provide requested information (e.g., photos of the items) to Storzzy in a timely manner upon request. The Host must also provide access to the Space as requested by Storzzy, including for the new owner of any contents that have been auctioned to a third party and third party service providers (such as property removal and towing agencies). If the Host fails to comply with these requirements in a timely and responsive manner, Host shall be responsible for any eviction and removal of property.

14. Reviews

Users may have an opportunity to review another user. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language. Reviews are not verified by Storzzy for accuracy and may be incorrect or misleading. Storzzy has the right to monitor and remove reviews at its sole and unfettered discretion.

15. No Endorsement

Storzzy does not endorse any Members or any Space. You are responsible for determining the suitability of others whom you contact or contact you via the Site and Services. Storzzy will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Storzzy with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and/or Services regarding any Bookings or Listings made by you.

16. Late Fees & Collections

If Renter fails to make any applicable payment hereunder within seven (7) days of the due date, or such payment is denied, returned, refunded, charged-back or invalidated, Storzzy may impose and charge a fee of $25 for each such failed payment and, in addition to such fee, interest will accrue on all such failed and late amounts at a rate of 20% per annum until paid in full (1.67% per month). In the event Renter has an unpaid balance to Storzzy and fails to make satisfactory payment arrangements, Renter agrees that its account may be placed with an external collection agency. Renter shall be responsible for reimbursement of any fees charged by the collection agency, costs and expenses incurred collecting Renter's account, costs of removal or disposal of Renter property or Stored Items, costs of cleaning to restore the Space to its original condition, costs to repair damages made to the Space, late fees, court costs, and reasonable attorney fees incurred in the collection of any unpaid balance. The terms of this paragraph shall apply to all amount(s) incurred by Storzzy.

17. User Liability

17.1 Compliance

YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SITE, SERVICES, AND CONTENT.

17.2 Impermissible Conduct

In connection with your use of our Site and Services, you may not and you agree that you will not:

  1. violate any municipal, provincial, federal, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  2. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
  3. use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
  4. copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
  5. infringe the rights of any person or entity, including without limitation, its intellectual property, privacy, publicity or contractual rights;
  6. interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  7. use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without its permission, personal contact information or credit, debit, calling card or account numbers;
  8. use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
  9. “stalk” or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Storzzy Renter or Host;
  10. offer, as a Host, any Space that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Space as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
  11. offer, as a Host, any Space that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
  12. register for more than one Storzzy Account or register for a Storzzy Account on behalf of an individual other than yourself;
  13. contact a Host for any purpose other than asking a question related to a Booking, such Host's Space or Listings;
  14. contact a Renter for any purpose other than asking a question related to a Booking or such Renter's use of the Site and/or Services;
  15. when acting as a Renter or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Storzzy, without Storzzy's prior written approval;
  16. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  17. use automated scripts to collect information or otherwise interact with the Site or Services;
  18. use the Site and Services to find a Host or Renter and then complete a Booking of a transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees and Processing Fees related to Storzzy's provision of the Services;
  19. as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  20. post, upload, publish, submit or transmit any Content that:
    1. infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    3. is fraudulent, false, misleading or deceptive;
    4. is defamatory, obscene, pornographic, vulgar or offensive;
    5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
    7. promotes illegal or harmful activities or substances;
  21. systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  22. use, display, mirror or frame the Site, or any individual element within the Site or Services, Storzzy's name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Storzzy's express written consent;
  23. access, tamper with, or use non-public areas of the Site Storzzy's computer systems, or the technical delivery systems of Storzzy's providers;
  24. attempt to probe, scan, or test the vulnerability of any Storzzy system or network or breach any security or authentication measures;
  25. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Storzzy or any of Storzzy's providers or any other third party (including another user) to protect the Site, Services or Collective Content;
  26. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Collective Content to send altered, deceptive or false source-identifying information;
  27. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

18. Reporting Misconduct

If you rent Space to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who:

  1. engages in offensive, violent or sexually inappropriate behavior,
  2. you suspect of stealing from you, or
  3. engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities, including law enforcement, and to Storzzy by contacting admin@storzzy.com; provided that your report will not obligate Storzzy to take any action beyond that required by law (if any) or cause Storzzy to incur any liability to you.

19. Termination and Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your Storzzy Account. Upon termination we will promptly pay you any amounts we reasonably determine Storzzy owes you in its discretion, which Storzzy is legally obligated to pay you. In the event Storzzy terminates these Terms, or your access to Storzzy's Site and Services, or deactivates or cancels your Storzzy Account, you will remain liable for all amounts due hereunder. You may cancel your Storzzy Account at any time by sending an email to admin@storzzy.com. Please note that if your Storzzy Account is canceled, Storzzy does not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback you have provided to Storzzy.

20. Disclaimers

20.1 General

IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT STORZZY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES AND ALL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STORZZY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. STORZZY MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. STORZZY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACE, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STORZZY OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20.2 User Interactions

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR RENTERS. YOU UNDERSTAND THAT STORZZY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. STORZZY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY STORZZY. STORZZY EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, AND YOU AGREE STORZZY SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

21. Limitations of Liability

21.1 General

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF STORZZY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER STORZZY (INCLUDING OUR SUBSIDIARIES AND AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STORZZY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

21.2 Maximum Damages

IN NO EVENT WILL STORZZY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE 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 SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS 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 STORZZY 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 STORZZY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

22. Indemnification

You agree to release, defend, indemnify, and hold Storzzy 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:

  1. your access to or use of the Site, Services, or Collective Content or your violation or breach of these Terms;
  2. your Member Content;
  3. any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Space by you;
  4. your
    1. interaction with any Member,
    2. Booking of a Space,
    3. creation of a Listing or
    4. the use, condition or rental of a Space by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Space;
  5. any dispute between you and another user of the Site or Services; and
  6. any infringement or misappropriation of a third party's rights.

23. Member Content

23.1 Content License

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Storzzy a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services.

23.2 Representation And Warranty

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and/or Services. Accordingly, you represent and warrant that:

  1. you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Storzzy the rights in such Member Content, as contemplated under these Terms; and
  2. neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Storzzy's use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

24. Third Party Links

24.1 Third Party Resources

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Storzzy is not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Storzzy of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

24.2 Third Party Terms of Use

Some portions of the Storzzy Site, Services, and/or platform implement third party services such as mapping services. Your use of third party services are subject to such third party's terms of use.

25. Dispute Resolution

In the event of a dispute between Storzzy and a Member in connection with these Terms, such dispute shall be settled, at Storzzy's option, by mediation or by arbitration before a one-person panel selected by Storzzy in accordance with the Arbitration Act 1991 (Ontario) or by any alternative available at law.

26. Modification

Storzzy reserves the right, in its sole discretion, to modify the Site or Services or to modify these Terms, including the fees due hereunder at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or update you via the Services, or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound (or continue to be bound) by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

27. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing Storzzy at admin@storzzy.com or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Storzzy and you hereby irrevocably assign to Storzzy and agree to irrevocably assign to Storzzy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Storzzy's request and expense, you will execute documents and take such further acts as Storzzy may reasonably request to assist Storzzy to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

28. Copyright Dispute Policy

Storzzy respects copyright law and expects its users to do the same. It is Storzzy's policy to terminate in appropriate circumstances the Storzzy Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of third-party copyright holders. If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringement by submitting the following information to admin@storzzy.com along with an electronic or physical signature. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - provide a comprehensive list of the copyrighted works that you claim have been infringed. Identify the material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Storzzy to locate the material, including at a minimum, the URL of the link shown where such material may be found. Provide your full name, mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice:

  1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

29. Miscellaneous

These Terms are the final and complete integration of the parties' agreement as it relates to the topics addressed in these Terms. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, limitations of liability, and indemnity. If these Terms become subject to any litigation or arbitration, the prevailing party in any such litigation or arbitration will be entitled to recover its reasonable attorneys' fees and court or arbitration costs from the non-prevailing party. Storzzy will not be deemed to have waived any portion of these Terms because of its delay or other failure to assert its rights under these Terms, unless the waiver is in writing and signed by Storzzy.