Terms of Service
Peak 10 Technologies, INC. 2018
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
Peak 10 Technologies, Inc. (hereafter referred to as “Peak 10”, “we”, “us”, or “our”) provides an online platform that connect Space Owners who rent Space to Space Renters (collectively, the “Services”). In this document, the terms “Peak 10”, “we”, “our”, “us” refer to the XS Spaces Site which are products of XS Spaces, Inc. The terms “Service” or “Services” refer to any services we offer, including all XS web applications and other software, and the web site accessible at www.xs-spaces.com and associated content (collectively, the “Website”) as well as any and all marketing channels where Collective Content may be disseminated in XS’ sole discretion. The terms “You” or “Your” refer to the users of the XS Spaces Service. The terms “Owner,” “Owner,” or “Owning” refer to the person engaged in the act of storing or agreement to store a Renter’s items, and the act of storing or agreeing to store a Renter’s items, respectively, in accordance with the terms of the rental agreement as described herein. The terms “Renter” or “Renting” refer to the person engaging in a temporary lease of the Owner’s Space, and the act of engaging in a temporary lease of the Owner’s Space, respectively, in accordance with the terms of the rental agreement as described herein. The term “Space” refers to the area of the Owner’s property rented or offered for rental by an Owner. The term “listing” refers to the searchable description advertising the Owner’s space as found on XS Spaces website. The terms “Items”, “Stored Items,” or “Stored Property” refer to the property or goods of the Renter that is stored in the Owner’s Space. The term “Booking” or “Reservation” refers to a confirmed transaction between Owner and Renter whereby Renter stores their Property in a Owner’s Space. “Member” means a person who completes XS Spaces’ account registration process, including, but not limited to Owners and Renters, as described under “Account Registration” below. “XS Spaces Content” means all Content that XS Spaces 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. “Collective Content” means Member Content and XS Spaces Content. “Content” means text, graphics, images, software, audio, video, information or other materials. “Contents or Renter’s Items” refer to all items the Renter will store within or on the Owner’s Space.
Terms of Service
XS Spaces operates a platform or peer-to-peer marketplace with related technology for Renters and Owners to meet online and arrange for bookings of storage including, but not limited to, basements, garages, attics, closets, sheds, storage units, driveways, parking spots or other Space (“Space”). XS Spaces does not own or operate properties, nor is it a real estate broker. XS Spaces does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. XS Spaces’ responsibilities are limited to: (i) facilitating the availability of the Site and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Renters on behalf of the Owner.
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 (defined below), which constitute a binding legal agreement between you and XS Spaces. 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 of Services set forth herein may result in your being banned from XS Spaces or other shared service business and may subject you to civil liability and/or criminal penalties.
YOU UNDERSTAND AND AGREE THAT PEAK 10 IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS PEAK 10 A REAL ESTATE BROKER, REAL ESTATE AGENT, INSURER, OR ESCROW AGENT. PEAK 10 HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SPACE. PEAK 10 CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACE. PEAK 10 IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE CONTENT OF ANY LISTING.
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, APP, 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.
You may view Listings as an unregistered visitor to the Site; however, if you wish to book a Space or create a Listing, you must first become a Member by registering to create an XS Spaces Account (defined below). Both unregistered visitors and Members agree to be bound by all of the terms and conditions set forth herein.
The Site is intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
XS Spaces strives to live up to its mantra of connecting extra stuff with extra space. In accordance with that mantra, XS Spaces does not tolerate discrimination in any form and is dedicated to bringing together people of different cultural and socio-economic backgrounds.
XS Spaces is dedicated to ensuring that people of all backgrounds are welcomed, are treated with respect, and can use the XS Spaces platform free from the fear of discrimination and harassment. All XS Spaces employees, Owners, and Renters alike, agree to read and act in accordance with the following policy.
As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to storage. Owners should contact XS Spaces support services if they have any questions about their obligations to comply with the XS Spaces Nondiscrimination Policy.
Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status
XS SPACES SPACE OWNERS MAY NOT:
- Decline a Renter based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
- Post any listing or make any statement that discourages or indicates a preference for or against any Renter on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
XS SPACES SPACE OWNERS MAY NOT:
- Decline to store to a Renter based on gender unless the Owner shares living spaces (for example, bathroom, kitchen, or common areas) with the Renter.
- Impose any different terms or conditions based on gender unless the Owner shares living spaces with the Renter.
- Post any listing or make any statement that discourages or indicates a preference for or against any Renter on account of gender, unless the Owner shares living spaces with the Renter.
XS SPACES SPACE OWNERS MAY:
- Make a unit available to Renters of the Owner’s gender and not the other, where the Owner shares living spaces with the Renter.
XS SPACES SPACE OWNERS MAY NOT:
- Decline a Renter based on any actual or perceived disability.
- Impose any different terms or conditions based on the fact that the renter has a disability.
- Substitute their own judgment about whether a unit meets the needs of a renter with a disability for that of the prospective Renter.
- Inquire about the existence or severity of a Renter’s disability, or the means used to accommodate any disability. If, however, a potential Renter raises his or her disability, an Owner may, and should, discuss with the potential Renter whether the listing meets the potential Renter’s needs.
- Prohibit or limit the use of mobility devices.
- Charge more in storage fees or other fees for Renters with disabilities.
- Post any listing or make any statement that discourages or indicates a preference for or against any Renter on account of the fact that the Renter has a disability.
- Refuse to communicate with Renters through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
- Refuse to provide reasonable accommodations, including flexibility when Renters with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a Renter requests such an accommodation, the Owner and the Renter should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the renter’s needs.
XS SPACES SPACE OWNERS MAY:
- Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for Renters with disabilities to assess for themselves whether the unit is appropriate to their individual needs.
XS SPACES SPACE OWNERS MAY:
- Except for the aforementioned prohibitions, XS Spaces Owners may decline to rent based on factors that are not prohibited by law.
- This policy does not prohibit an Owner from declining a Renter on the basis of characteristics that are not protected under the civil rights laws or closely associated with a protected class.
VIOLATION OF NONDISCRIMINATION POLICY
XS Spaces reserves the right to suspend indefinitely any Owner who we have deemed has demonstrated an action that is in violation of the above described Nondiscrimination Policy.
- Account Registration
In order to book a Space or create a Listing on XS Spaces, you must register to create an account (“XS Account”) and become a Member. You may register to join the Services directly via the Site as described in this section or via direct email invitation.
- 3rd Party Accounts
As part of the functionality of the Site and Services, you may link your XS Spaces Account with Third Party Accounts, by either:
(i) providing your Third Party Account login information to XS Spaces through the Site or Services; or
(ii) allowing XS Spaces 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 XS Spaces and/or grant XS Spaces 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 XS Spaces to pay any fees or making XS Spaces subject to any usage limitations imposed by such third party service providers.
By granting XS Spaces access to any Third Party Accounts, you understand that XS Spaces 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 XS Spaces Account and XS Spaces 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 XS Spaces Account on the Site and Services. Note that if a Third Party Account or associated service becomes unavailable or XS Spaces’ 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 right to disable the connection between your XS Spaces Account and your Third Party Accounts at any time.
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.
XS Spaces makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement and XS Spaces is not responsible for any SNS Content.
- Account Creation
XS Spaces will create your Account and your XS Spaces Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via a Third Party Account as described above. You may not have more than one (1) active XS Spaces Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
XS Spaces reserves the right to suspend or terminate your XS Spaces Account and your access to the Site and Services without cause or notice. Termination of an account may result in forfeiture and destruction of all information associated with your account. All provisions of this agreement that, by their nature, should survive termination shall survive termination, including, without limitation, limitations of liability, and indemnity.
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 XS Spaces Account, whether or not you have authorized such activities or actions. You will immediately notify XS Spaces of any unauthorized use of your XS Spaces Account by emailing XS Spaces support line.
- Renter Information
The Owner maintains the sole right to check the Renter’s background, credit history, and/or criminal history and refuse to rent to Renter, or terminate Renter’s booking of the Owner’s Space, as the case may be, upon receipt of such information. XS Spaces also reserves the right to perform these same background, criminal history, or credit checks but will not take responsibility for them and you hereby release and hold XS Spaces harmless from any and all liability resulting from Owner’s performance or failure to perform, such checks, or from Owner’s actions upon receiving background information on Renter.
PEAK 10 RESERVES THE RIGHT, AT THEIR SOLE DISCRETION, TO DENY ANY OWNER OR RENTER SERVICE BASED OFF THE RESULTS OF THEIR BACKGROUND CHECK.
- Change of Renter Information
Renter agrees to immediately notify Owner of changes in Renter’s email address, mailing address, phone number, or other information. A change of address will not be effective unless the new address is complete and is reported via the XS Spaces website.
Notice of a change of Renter’s or Owner’s phone numbers may be made orally or via the XS Spaces website. Renter is strongly encouraged to keep Owner informed of any anticipated changes that may affect the terms of storage.
- Storage Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, availability of the Space and pricing and related rules and financial terms. In order to be featured in Listings via the Site, App and Services, all Space must have valid physical addresses. 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 understand and agree that once a Renter requests a booking of your Space, the price for such booking may not be altered.
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
(i) will not breach any agreements you have entered into with any third parties and
(a) 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 and laws governing rentals of residential and other properties and
(b) not conflict with the rights of third parties. Please note that XS Spaces assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations.
XS Spaces reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
You understand and agree that XS Spaces does not act as an insurer or as a contracting agent for you as an Owner. Any agreement you enter into with such Renter is between you and the Renter and XS Spaces is not a party thereto. Notwithstanding the foregoing, XS Spaces serves as the limited authorized agent of the Owner for the purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner minus any service fees applied by XS Spaces.
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.
While XS Spaces makes certain tools available to you to help you to make informed decisions about the use of your Space, you acknowledge and agree that, as an Owner, 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).
Booking and Financial Terms
- Space Owner
If you are a Space Owner and a booking is requested for your Space via the Site or Services, the reservation will automatically be confirmed. The owner can reject the booking within 48 hours of the the booking start data by contacting firstname.lastname@example.org with no penalty.
When a booking is requested via the Site or Services, we will share with you
(i) the first and last name of the Renter who has requested the booking, and
(ii) a disclosure of the types of items that the renter wishes to store (boxes, furniture, etc), and
(iii) the start and end dates of the requested booking period
(iiii) a link to the Renter’s XS Spaces Account profile page.
If you are unable to confirm or decide to reject a booking of a Space prior to 48-hours before the start of the Rental period, any amounts collected by XS Spaces 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, XS Spaces will send you an email or text message or other method of notification confirming such booking, depending on the selections you make via the Site and Services. After confirming a booking, if a Renter wishes to store additional items or remove items, you will receive a notification via xs-spaces.com. Inaction on your (the Owner’s) part to question or dispute the changes within seventy-two (72) hours will be interpreted as you giving authorization for these changes.
The fees displayed in each Listing are comprised of the Listing Fees (defined below), the Service Fees (defined below), and the Processing Fees (defined below). Where applicable, Taxes may be charged in addition to the Space Fees, Service Fees, and Processing Fees. The Space Fees, the Service Fees, the Processing Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to a Owner’s Space are the “Space Fees”. Please note that it is the Owner and not XS Spaces, which determines the Space Fees. The Space Fee may include a non-refundable cleaning fee at the Owner’s discretion. Space Fees may also include applicable state or county parking and storage taxes. The Owner will be responsible for paying the Processing Fees in full. You authorize XS Spaces to deduct a sum from the Space Fees to cover the Processing Fees. You also authorize XS Spaces to deduct a sum from the Space Fee or bill your account in the event of damage or theft of stored items as contemplated under “Damage to Stored items” and “Theft of Stored Items” below, if applicable.
You agree to pay XS Spaces for the Total Fees for any booking requested in connection with your XS Spaces Account if the applicable Owner confirms such requested bookings. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that XS Spaces, on behalf of the Owner, reserves the right, in its sole discretion, to
(i) obtain a pre-authorization via your credit card for the Total Fees or
(ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card.
Once XS Spaces receives confirmation of your booking from the applicable Owner, XS Spaces will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. You also authorize XS Spaces to collect additional fees in the event of damage to the Owner’s property or Space or Renter default as contemplated under “Damage to Owner’s Property or Space” and “Renter Default” below, if applicable. Please note that XS Spaces cannot control any fees that may be charged to a Renter by his or her bank related to XS Spaces’ collection of the Total Fees, and XS Spaces disclaims all liability in this regard.
You acknowledge and agree that you accept liability for any and all damages caused to the Owner’s space or property caused by any items stored with the Owner.
You acknowledge and agree that you, and not XS Spaces, will be responsible for performing the obligations of any such agreements, that XS Spaces is not a party to such agreements, and that, with the exception of its payment obligations above, XS Spaces disclaims all liability arising from or related to any such agreements.
- Renter Access To Space
In the listing the Owner agrees to provide the times that the Renter may access Stored Items. Renter must contact Owner at least 24 hours in advance to request Access unless otherwise specified in rental agreement.
The Owner is not required to transport or otherwise handle the Renter’s items. If a Owner transports or handles the Renter’s items, the Owner does so at their own risk.
- 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.
- Owner Space Fee Collection
Owners acknowledge that Space Fees will be directly deposited into their bank accounts, net of Service Fees and Processing Fees. Furthermore, Owners acknowledge that they are required to provide correct bank account information in order to accept a booking. Owner’s also acknowledge that they are responsible for registering and filing any applicable state or county parking or storages taxes. Owner is neither responsible nor liable for notifying, collecting or paying any such taxes. Owners agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Space Fees directly to Owner with a check, cash, or any payment method other than by payment through XS Spaces. If you attempt to do so, you authorize XS Spaces to deduct a sum from the Space Fee or bill your account for $200 penalty. Such actions can also result in removal of the Owner’s Listing and suspension of the Owner’s Account indefinitely.
XS Spaces charges a fee to Renters based upon a percentage of applicable Space Fees, which are referred to herein as “Service Fees”. The standard Service Fee charged by XS Spaces is ten (10) percent of the applicable Space Fee. The Service Fees are added to the Space Fees to calculate the Total Fees. Except as otherwise provided herein, Service Fees are non-refundable. XS Spaces reserves the right to update the Service Fee at any time.
Processing Fees are to cover the merchant services and direct deposit or ACH processing that XS Spaces uses to process payments. They will be equivalent to the current rate of merchant services and direct deposit or ACH processing that Stripe, Inc. charges.
Renters will be charged weekly Total Fees on a recurring basis each week of the booking period, referred to herein as Recurring Payments. XS Spaces will collect Total Fees and initiate payment of Space Fees net of Processing Fees to Owner on a bi-monthly basis for any storage services that have been rendered. Any fees paid by the Renter for time that they were not utilizing storage space from an Owner will be refunded to them after the payments have been processed unless for any reason stated by XS Spaces. The Owner authorizes XS Spaces to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site and Services, on their behalf.
- Guaranteed Payments
XS Spaces offers Owners a limited guarantee of payment. Should a Renter default on all or a portion of Total Fees, XS Spaces will compensate a Owner for up to two (2) weeks of Space Fees, net of Services Fees and Processing Fees and any expenses incurred during collection and move-out process.
- Cancellations and Refunds
If a Renter or Owner, you wish to cancel a confirmed booking prior to one (1) week before the confirmed booking start date, then no penalties will occur.
If an Owner must cancel a confirmed booking within forty-eight (48) hours of the agreed upon start time, the Owner will be charged a fifty dollar ($50) inconvenience fee, twenty dollars ($20) of which to be paid to the Renter, and thirty dollars ($30) of which to be paid to XS Spaces, at the sole discretion of XS Spaces. The only exception is if the cancellation occurs less than forty-eight (48) hours from the reservation being placed. If the cancellation occurs less than forty-eight (48) hours of the agreed upon start time but within forty-eight (48) hours of the reservation being placed, than the Owner is not obligated to pay any penalties.
If a Renter must cancel a confirmed booking within forty-eight (48) hours of the agreed upon start time, the Renter will be refunded any amount already paid less any booking fees.
If an Owner must cancel a confirmed booking or modify the rental ending period to a point before the agreed upon end date after the booking period has already begun, this shall be considered an “eviction” and is subject to the conditions further contemplated under “Eviction” below. If a Renter cancels a confirmed booking or modifies the rental ending period to a point before the agreed upon end date after the booking period has begun then the Renter forfeits all rent that has already been paid.
XS Spaces reserves the right to maintain a record of the number of cancellations by any Renter or Owner and suspend any account indefinitely at XS Spaces sole discretion if we deem the number of cancellations is too high and constitutes a breach of good faith.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. XS Spaces cannot and does not offer Tax-related advice to any Members of the Site and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
Owner Property Protection
XS Spaces strongly recommends that Owners check their homeowners’ or renters’ insurance policy or speak to their agent to verify that their coverage includes damage to Owner’s property caused by an invited guest (such as a Renter) entering or exiting the Owner’s Space, or otherwise caused by the property being stored. XS Spaces assumes no liability for damage to the Owner’s property.
Damage to Owner’s Property or Space
You agree that under the following circumstances the Renter may be charged for damages done to the Owner’s property or Space:
(i) the renter has engaged in or was privy to unauthorized use of the Owner’s space as outlined in “Use of Space and Prohibited Items” below, resulting in damage to the Owner’s property or Space; or
(ii) The Renter has violated Owner’s rules (as described in “Owner’s Rules” below) resulting in damage to the Owner’s property or Space; or
(iii) the Renter stored items prohibited by Owner (in Owner’s listing) without the Owner’s knowledge and the storage of those undisclosed or prohibited items resulted in damage to the Owner’s property or Space; or
(iv) the Renter’s storage activities, including moving items into or out of the Space, or visiting the space, has resulted in damages to Owner’s property or Space.
You authorize XS Spaces to determine the amount charged to the Renter, if any, except in cases exceeding ($1000) dollars in damages (as determined by XS Spaces), which will then be determined by professional arbitration (see “Arbitration” below) between the Owner and Renter. The Renter agrees to pay associated arbitration fees in those cases described above.
Damage to Stored Items
You agree that the Owners are not held responsible for damages to the Renter’s Stored Items (as determined by XS Spaces) except in the cases outlined below. Cases of
(i) purposeful or accidental damage done to the Renter’s stored items by the Owner or those with authorized access to the Owner’s property; or
(ii) failure to take reasonable measures to maintain standards of Space as it appeared in the Owner’s listing, which resulted in damage the Renter’s stored items.
Owner’s maintain the right to record the initial state of the items being stored by the Renter.
In the event that the Owner is found responsible for damages to the stored items as outlined in the cases above, you authorize XS Spaces to determine the amount to be charged to the Owner, if any except in cases exceeding one thousand ($1000) dollars in damages (as determined by XS Spaces), which will then be determined by professional arbitration (see “Arbitration” below) between the Owner and Renter. The Owner agrees to pay associated arbitration fees in the cases where the Owner is found responsible for damage to Renter’s Stored items as described above.
Theft of Stored Items
The Owner agrees to compensate the Renter for lost or stolen items unless a
(i) police report is filed and the police determine that there is evidence of forcible or unlawful entry into the Owner’s Space; or
(ii) the Renter is found to have made unauthorized visits to the Space or unauthorized changes to the items stored therein, resulting in lost or stolen items.
Except in the above outlined cases, the Owner authorizes XS Spaces to determine the amount to be charged to the Owner, if any, except in cases exceeding one thousand ($1000) dollars in damages (as determined by XS Spaces), which will then be determined by professional arbitration (see “Arbitration” below) between the Owner and Renter. The Owner agrees to pay associated arbitration fees in the event of lost or stolen items except in the cases outlined above.
XS Spaces does not endorse any Members or any Space. You are responsible for determining the suitability of others who you contact or contact you via the Site and Services. XS Spaces 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 XS Spaces with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site, App and Services regarding any bookings or Listings made by you.
Use of Space and Prohibited Items
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. USE OF THE SPACE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS, SUCH AS USE OF THE SPACE FOR WORK, RECREATION, DRUG USE OR SEXUAL ACTIVITY IS EXPRESSLY PROHIBITED. STORAGE OF EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS, PESTICIDES OR OTHER TOXIC CHEMICALS, WASTE OF ANY KIND, FIREARMS, AMMUNITION, ILLEGAL DRUGS OR OTHER CONTROLLED SUBSTANCES, STOLEN GOODS OR OTHER CONTRABAND, PERISHABLE FOOD ITEMS, SPOILED FOOD, LIVING OR DECEASED ANIMALS, INFESTED ITEMS, MOLDY ITEMS, ANY ITEM THAT EMITS FUMES OR A STRONG ODOR OR ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE OWNER ON THE LISTING IS EXPRESSLY PROHIBITED.
Upon breach, or Owner’s reasonable suspicion of breach, of these terms, the Renter agrees that the Owner has the right to immediately terminate the booking agreement and to ask Renter to remove the items from the Owner’s premises. Owner shall provide reasonable notice and opportunity for Renter to cure such breach or otherwise remove such items. If Renter does not remove such items upon reasonable notice and opportunity to cure, such items may be removed by Owner and shall be subject to forfeiture by Renter.
Owner may also contact Law Enforcement or other authorities to report illegal activities of Renter. If Owner reasonably suspects the storage of items in breach of the above prohibitions, or other illegal activities, the Renter hereby agrees to give permission for authorities to search the stored items without a warrant.
Renter agrees to release, indemnify, and hold Owner harmless from and against any and all liability arising from or relating to the removal or forfeiture of stored property, or the Renter’s breach of this provision, including any allegations or investigations relating thereto. Renter shall forfeit all Space Fees and Service Fees and Processing Fees paid up the date of termination hereunder.
Risk of Personal Injury Due to Owner’s Negligence
Renter agrees that the use of the Space is at Renter’s sole risk. Renter agrees that, without limiting any duties of the Owner to take reasonable steps to protect Renter’s property, Owner shall have no liability to Renter or Renter’s invitees for any personal or bodily injury except in the event of Owner’s gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims or causes of action Renter may have against Owner, in the event of personal or bodily injury to Renter or Renter’s invitees, except as a result of Owner’s gross negligence or willful misconduct.
The Renter, Renter’s employees, agent, family, guests and other invitees agree to comply with Owner’s rules and policies and any other rules which are contained in the Listing. Failure to comply with Owner’s rules as found in the Listing may result in
(i) the Renter being held in Default (as described “Default by Renter”) and
(ii) the Renter being held liable for damages to the Owner property or Space.
Default By Renter
Renter will be in “default” if:
(a) Renter has failed to pay any sum when due under the Listing, or
(b) Renter has failed to notify Owner of a change in Renter’s address or phone number as required in these terms; or
(c) Renter has provided false or incorrect information to Owner or in any mailing address changes submitted to Owner; or
(d) Renter has failed to vacate the Space by the end of their confirmed Booking period; or
(e) Renter has failed to comply with any other provision of these Terms, or any supplemental rules in the Listing or provided by Owner; or
(f) Renter has violated health, safety or criminal laws on the Owner’ property, regardless of whether arrest or conviction has occurred.
Failure of XS Spaces or Owner to enforce any of these Terms shall not constitute waiver of such Term(s). Any Renter found in default may be charged a two hundred ($200) dollar inconvenience fee to be paid directly to XS Spaces.
If Renter is in “default,” Owner shall take reasonable steps to notify Renter of such default, and provide Renter a reasonable opportunity to cure such default. If Renter fails to cure such default, after receiving such notice and opportunity to cure, Owner may exercise one or more of the following remedies:
(a) Deny Renter access to the Space or Renter’s property until default is cured;
(b) Terminate Renter’s Booking by giving Renter three (3) days’ notice to vacate; and if Renter fails to vacate and Owner files an eviction lawsuit, Renter will pay Owner’s attorneys’ fees and court costs plus a reasonable judicial eviction charge for Owner’s time, inconvenience and overhead for filing the eviction suit;
(c) Collect charges as appropriate and exercise any other remedy allowed by law; and/or
(d) Enforce Owner’s lien by seizure and sale of all contents in the Space by nonjudicial foreclosure under the Owner’s local and state codes. Seizure and sale will only be for default in paying sums due to Owner. Owner may accept partial payments but only payments in full, including applicable fees, will stop a lien sale.
(e) After seizure, any attempt to reclaim the seized property by Renter without paying in full the sums due Owner, including applicable fees, may result in Owner pursuing prosecution for such act.
The Owner may choose to evict the Renter in cases of “default” as described above in “Default by Renter”. If an Owner chooses to evict a Renter, the Owner may follow the procedure as outlined in “Owner’s Remedy” above.
If the Owner chooses to evict a Renter who is not found in “default,” the Owner must give the Renter two (2) weeks or more advance notice to vacate, at this point the Owner will be charged a fifty dollar ($50) inconvenience fee, twenty dollars ($20) of which to be paid to the Renter, and thirty dollars ($30) of which to be paid to XS Spaces, at the sole discretion of XS Spaces.
If the Owner chooses to evict a Renter who is not found in “default,” and gives the Renter less than two (2) weeks, the Owner will be charged a fifty dollar ($200) penalty fee, eighty dollars ($80) of which to be paid to the Renter, and one hundred twenty dollars ($120) of which to be paid to XS Spaces, at the sole discretion of XS Spaces.
In cases that the Owner fails to meet one or both of the conditions for eviction, the Owner may not evict the Renter, except under extreme circumstances as determined by XS Spaces.
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:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- 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;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- 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;
- 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 their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
- “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 XS Spaces Renter or Owner;
- offer, as an Owner, any Space that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Space as an Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as an Owner, any Accommodation 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;
- register for more than one XS Spaces Account or register for an XS Spaces Account on behalf of an individual other than yourself;
- contact an Owner for any purpose other than asking a question related to a booking, such Owner’s Space or Listings;
- contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, App and Services;
- when acting as a Renter or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to XS Spaces, without XS Spaces’ prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site or Services;
- use the Site and Services to find an Owner or Renter and then complete a booking of a Space transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees and Processing Fees related to XS Spaces’ provision of the Services;
- as an Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that:
(i) 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;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(vii) promotes illegal or harmful activities or substances;
- 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;
- use, display, mirror or frame the Site, or any individual element within the Site or Services, XS Spaces’ name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without XS Spaces’ express written consent;
- access, tamper with, or use non-public areas of the Site XS Spaces’ computer systems, or the technical delivery systems of XS Spaces providers;
- attempt to probe, scan, or test the vulnerability of any XS Spaces’ system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by XS Spaces or any of XS Spaces’ providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- 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;
- 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.
If you rent Space to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who
- engages in offensive, violent or sexually inappropriate behavior,
- you suspect of stealing from you, or
- engages in any other disturbing conduct,
You should immediately report such person to the appropriate authorities and then to XS Spaces by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
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 XS Spaces Account.
Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event XS Spaces terminates these Terms, or your access to our Site and Services or deactivates or cancels your XS Spaces Account you will remain liable for all amounts due hereunder. You may cancel your XS Spaces Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your XS Spaces Account is cancelled, we do 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.
IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT XS SPACES 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 COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PEAK 10 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. PEAK 10 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. PEAK 10 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 PEAK 10 OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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 OWNERS OR RENTERS. YOU UNDERSTAND THAT PEAK 10 DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. PEAK 10 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 OWNER’S, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PEAK 10. NOTWITHSTANDING PEAK 10’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, PEAK 10 EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
Limitations of Liability
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 PEAK 10 WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PEAK 10 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 PEAK 10 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNER’S PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE PEAK 10 OWNER GUARANTEE, IN NO EVENT WILL PEAK 10 AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND 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 OWNER, THE AMOUNTS PAID BY PEAK 10 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 PEAK 10 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 XS Spaces and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(a) your access to or use of the Site Services, or Collective Content or your violation of these Terms;
(b) your Member Content;
(c) 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; and
(i) interaction with any Member,
(ii) booking of a Space,
(iii) creation of a Listing or
(iv) 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 rental, booking or use of a Space.
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 XS Spaces 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. XS Spaces does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that:
(i) 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 XS Spaces the rights in such Member Content, as contemplated under these Terms; and
(ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or XS Spaces’ 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.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that XS Spaces is not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) 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 XS Spaces 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.
You and XS Spaces mutually agree and acknowledge that all claims and disputes arising under or relating to these Terms and Conditions, or the breach, termination, enforcement, or interpretation or validity thereof are to be settled by binding arbitration in Portland, Oregon or another location mutually agreeable to the parties, and not in a court of law. The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the “AAA”.
You and XS Spaces both acknowledge and agree that we are each waiving the right to trial by jury in all arbitrable disputes. You and XS Spaces also both acknowledge and agree that we are each waiving the right to participating as a plaintiff or class member in any purported class action or representative proceeding in all such disputes. Further, unless You and XS Spaces otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.
Exceptions to this Arbitration Agreement include
(i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; or
(ii) any claim seeking emergency injunctive relief based on exigent circumstances. Any claim in exception to the above agreement to arbitration shall be brought into judicial proceeding in a court of competent jurisdiction.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful, those unenforceable or unlawful portions shall be severed from these terms. The severance of unenforceable or unlawful portions of this Arbitration Agreement shall not have any impact on the remainder of the Arbitration Agreement, which shall be given full force and effect.
XS Spaces reserves the right, in its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees (defined below) or Processing Fees (defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site, 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 by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services