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.
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.
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.
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:
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.
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:
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,
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.
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.
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.
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.
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.
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:
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.
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.
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:
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.
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 firstname.lastname@example.org.
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 email@example.com.
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.
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
Please note that Storzzy assumes no responsibility for a Host's compliance with any applicable laws, rules and regulations.
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.
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
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,
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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:
If you wish to store additional items or remove items after completing a Booking, you agree to
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.
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.
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.
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.
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:
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
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.
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.
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.
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.
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.
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.
The Host is not responsible for lost or stolen Stored Items so long as
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.
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.
STORAGE OF THE FOLLOWING ITEMS IS EXPRESSLY PROHIBITED (EACH IS A “PROHIBITED ITEM”):
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.
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
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.
Renter will be in “Default” if:
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:
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.
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.
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.
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.
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.
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.
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.
In connection with your use of our Site and Services, you may not and you agree that you will not:
If you rent Space to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who:
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 firstname.lastname@example.org. 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.
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.
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.
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.
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.
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:
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.
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:
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:
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.
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.
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 email@example.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.
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 firstname.lastname@example.org 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:
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.