Stache - Terms of Service

Last updated: May 1st, 2017

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. IN PARTICULAR, DIFFERENT INSURANCE OFFERS DIFFERENT COVERAGE OF STORAGE PROPERTY. IT’S IMPORTANT FOR HOSTS AND USERS TO BOTH UNDERSTAND WHAT IS COVERED UNDER THEIR POLICY AND WHAT IS NOT. ALL PARTIES SHOULD REVIEW COVERAGE AND LOCAL LAWS BEFORE USING STACHE.

Key Terms:

Site: used to indicate the Stache website and mobile site Application: used to indicate the mobile application Service(s): entails any service offered by Stache to include website use, forming a rental agreement with another party through Stache, registering on the Stache website or mobile application, making payments through Stache and other interactions with Stache. Renter: the registered party seeking to rent space listed on Stache by a Host Host: the registered party offering rental space to registered Renters Booking or Rental Agreement: the agreement made between the Host and Renter to contract a storage space for use by the renter Listing: the space listed on Stache by the Host for renting by another Member Member: a party which is a Renter, Host or both Valuables: items to be stored in a Listed Space Listed Space: the space (e.g. closet, room etc) to be listed on the Site or Application as available for renting to Renters.

If you are using service offered by Stache, to include its website or application for mobile devices, you are willingly entering into a contract with Stache Inc. Stache provides an online platform to connect hosts with space to renters who want to rent the space offered by the host. By using the Site or Application, you agree to comply with and are legally bound by the terms and conditions set forth in these Terms and Conditions (“Terms”), whether or not you choose to sign up to be a registered user of Stache Services. These Terms govern your access to and use of the Site, Application and Services. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site,Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS TO RENT TO RENTERS AND RENTERS MAY LEARN ABOUT AND BOOK RENTAL SPACE DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT STACHE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, NOR IS STACHE A STORAGE ENTITY, AGENT OR INSURER. STACHE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY SPACE LISTED, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, 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 AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, 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.

Modification

Stache reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, 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, Application and Services.

Eligibility

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

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING DIRECTLY WITH EACH OTHER. STACHE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LISTING. STACHE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

Account Registration

In order to access certain features of the Site and Application, and to create a Booking or Listing, you must register to create an account and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You may not have more than one (1) active Stache 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. Stache reserves the right to suspend or terminate your account and your access to the Site, Application and Services if you create more than one (1) account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. 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 registered account, whether or not you have authorized such activities or actions. You will immediately notify Stache of any unauthorized use of your account.

Space Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the space to be listed, including, but not limited to, the location, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Application all spaces must have valid physical addresses. Listings will be made publicly available via the Site and Application. Other Members will be able to book your Listed Space via the Site and Application based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Listing, you may not request the Renter to pay a higher price than in the booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and content you post. Accordingly, you represent and warrant that any Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Listed Space included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Stache assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Stache reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.

If you are a Host, you understand and agree that Stache does not act as an insurer or as your contracting agent. If a Renter requests a booking of your Listed Space, any agreement you enter into with such Renter is between you and the Renter and Stache is not a party to it. Notwithstanding the foregoing, any payment services conducted through Stache serve as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Renters of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).

Stache recommends that Hosts and Renters obtain appropriate insurance for their listed spaces and/or Valuables. Please review any insurance policy that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover damage to Valuables being stored.

Bookings and Financial Terms

Space Fee: The total amount determined by the Host to be paid by the Renter for use of the Listed Space. Service Fee: The total amount as a percentage of the space fee to be paid by the Renter in addition to the Space Fee. Taxes: The applicable taxes governed by local law. Total Fee: The total of Service Fees, Taxes and Space Fees. Booking Period: The one-month period of time beginning on the date of Booking. Booking Agreement: The duration of time in which the Renter and the Host have an agreement to store the Renter’s Valuables. (Comprised of Booking Periods) Start Date: The agreed upon date on which the Renter will begin utilizing Host space for storage.

If you are a Host and a booking is requested for your Listed Space via the Site, Application and/or Services, you will be required to either confirm or reject the booking within 72 hours of when the booking is requested (as determined by Stache at its sole discretion) or the booking request will be automatically canceled. If you are unable to confirm or decide to reject a booking of a Space within such 72 hour period, any amounts collected by Stache for the requested booking will be refunded to the Renter's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Stache will send you an email or other method of notification confirming such booking.

The fees displayed in each Listing are comprised of the Space Fees and the Service Fees. Where applicable, Taxes may be charged in addition to the Space Fees and Service Fees. The Space Fees, the Service 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 Host’s Space are the "Space Fees". The Host alone determines the Space Fees.

If you are a Renter, you agree to pay Stache for the Total Fees for any Booking requested if the applicable Host confirms such requested Booking. In order to establish a Booking pending the applicable Host's confirmation of your requested Booking, you understand and agree that Stache, on behalf of the Host, 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 Stache receives confirmation of your booking from the applicable Host, Stache will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Stache cannot control any fees that may be charged to a Renter by his or her bank related to Stache’s collection of the Total Fees, and Stache disclaims all liability in this regard.

You agree to pay Stache for any confirmed Booking in accordance with these Terms by one of the methods described on the Site, Application or Services. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Booking, either directly by Stache or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Stache to charge your credit card in the event of damage caused to a Listed Space as described under "Damage to Space" below, if applicable. If you are directed to Stache's third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed Booking transaction is complete you will receive a confirmation email summarizing your confirmed booking. You acknowledge and agree that you, and not Stache, will be responsible for performing the obligations of any such agreements, that Stache is not a party to such agreements, and that, with the exception of its payment obligations above, Stache disclaims all liability arising from or related to any such agreements.

Hosts acknowledge that Space Fees will be directly deposited into their bank accounts. Furthermore, hosts acknowledge that they are required to provide correct bank account information in order to accept payment for a Booking. Hosts also acknowledge that they are responsible for registering and filing any applicable state or county parking or storages taxes. Stache is neither responsible nor liable for notifying, collecting or paying any such taxes. Hosts agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Space Fees directly to Host with a check, cash, or any payment method other than by payment through Stache.

Total Fees will be charged to the Renter on a monthly basis, beginning at the time of Booking. Recurring payments will be charged to the Renter for the duration of the rental agreement at the beginning of each Booking Period. An additional fee may be charged to Renters who fail to remove their Valuables by the date agreed upon by the Host and the Renter. The Space Fee will be deposited in the Host’s account no later than five days after the end of the Booking Period. If the total rental agreement extends beyond one month then the Renter will pay multiple Booking Periods, in which case recurring payments apply and you authorize Stache, on behalf of the Host, to collect the Total Fees in increments identified on the Site, Application and Services. If Host and Renter agree to a booking period of less than one month, or an extension for a partial month, Stache shall collect Total Fees and initiate payment of Space Fees on the basis of the pro rata portion of the monthly Fees, or as the rental agreement may otherwise specify for shorter terms.

Cancellations

If the Renter cancels a requested Booking before the requested Booking is confirmed by a Host, Stache will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a reasonable time. If the Renter or Host wishes to cancel a confirmed Booking made via the Site, Application and/or Services prior to the conclusion of a given booking period then the following penalties will apply. In the event a Renter cancels a booking, Space Fees will be paid to the Host and Stache will collect any applicable Service Fees from the Renter and Host. In the event a Host cancels, the renter will be fully reimbursed any and all Space Fees and Service Fees. Hosts will be liable to Stache for Service Fees billed as a result of the canceled booking.

If a Host must cancel a confirmed booking after the Start Date has already passed, the Renter will receive a full refund from the Host, less any booking fees, for the Booking Period leading up to the date of cancellation. If a Renter must cancel a confirmed Booking after the agreed upon Start Date, he or she will be charged for the remainder of the current booking period. The Renter will not be responsible for any additional recurring payments for future Booking Periods set forth in the canceled Booking Agreement beyond the current Booking Period.

Processing Payments

When you book from a Host using Stache, Stache will process your payment information using a third-party service provider, “Stripe” as its third party provider for payment services (e.g. card acceptance, merchant settlement and related services). By licensing Space from a Host or purchasing Services using Stache, you agree and acknowledge that we are bound by Stripe’s terms and conditions (available at https://stripe.com/us/terms), along with its privacy policy (available at https://stripe.com/us/privacy), and that you also agree to be bound by Stripe’s terms and conditions and privacy policy to the extent applicable. You also hereby consent and authorize Stache to delegate the authorizations and to share the information you provide to Stache with our third-party service provider(s), to the extent required to provide payment services to you. Stache may also be contacted directly for payments support by email at support@stachethings.com After the Host has confirmed a reservation, Stripe will process the Transaction Amount and the Guest credit card or debit card will then be charged.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting. Stache cannot and does not offer Tax-related advice to any Members. 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 any Listing.

Use Of Space, Prohibited Items and Damage to Space

RENTER AGREES NOT TO USE THE SPACE FOR ANY UNLAWFUL PURPOSE. USE OF THE SPACE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS 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 OR ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE HOST ON THE LISTING IS EXPRESSLY PROHIBITED.

If the Renter is found to have any of the above mentioned prohibited items among their Valuables being stored and these items cause damage to the Host’s Listed Space, the Renter may be fined an amount comparable to the amount of damage caused at the sole discretion of the Host. Upon breach, or Host's reasonable suspicion of breach, of these Terms, the Renter agrees that the Host has the right to immediately terminate the booking agreement and to ask Renter to remove the items from the Host’s premises. Host shall provide reasonable notice and opportunity for Renter to remedy such breach or otherwise remove such items. If Renter does not remove such items upon forty-eight hour notice, such items may be removed by Host and shall be subject to forfeiture by Renter. Host may also contact Law Enforcement or other authorities to report illegal activities of Renter. If Host reasonably suspects the storage of items in breach of the above prohibitions, or other illegal activities, the Renter hereby agrees to give permission for authorities to search the stored items without a warrant. Renter agrees to release, indemnify, and hold Host 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 rent and Service Fees paid up the date of termination hereunder. Host agrees to notify Stache at such time that the Host notifies the Renter of the breach.

Renter Default

Renter will be in "default" if: (a) Renter has failed to pay any amount when due under the Listing, or (b) Renter has failed to notify Host of a change in Renter's address or phone number within twenty-four hours of change. (c) Renter has provided false or incorrect information to Host or in any mailing address changes submitted to Host; or (d) Renter has failed to comply with any other provision of these Terms, or any supplemental written rules in the Listing or provided by Host; or (e) Renter has violated health, safety or criminal laws on the Host's property, regardless of whether arrest or conviction has occurred. Failure of Stache or Host to enforce any of these Terms shall not constitute waiver of such Term(s).

If Renter is in "default," Host 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, Host 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 four days' notice to vacate; and if Renter fails to vacate and Host files an eviction lawsuit, Renter will pay Host's attorneys' fees and court costs plus a reasonable judicial eviction charge for Host's time, inconvenience and overhead for filing the eviction suit;

(c) Collect charges as appropriate and exercise any other remedy allowed by law; and/or

(d) Enforce Host's lien by seizure and sale of all contents in the Space by nonjudicial foreclosure under the Host's local and state codes.

Seizure and sale will only be for default in paying sums due to Host. Host may accept partial payments but only payments in full, including applicable fees, will stop a lien sale.

(e) After seizure, any attempt to reclaim the seized property by Renter without paying in full the sums due Host, including applicable fees, may result in Host pursuing prosecution for such act.

User Conduct

In connection with your use of our Site, Application 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, Application, Services or Content;
use the Site, Application 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, Application, 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, Application 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, Application 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, Applications or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Stache Renter or Host;
offer, as a Host, any Space that you do not yourself own or have permission to rent;
offer, as a Host, 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 Stache Account or register for a Stache Account on behalf of an individual other than yourself;
contact a Host for any purpose other than asking a question related to a booking, such Host'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 Host or other Member to join third party services or websites that are competitive to Stache, without Stache’s 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, Application or Services;
use the Site, Application and Services to find a Host or Renter and then complete a booking of a Listed Space transaction independent of the Site, App or Services in order to circumvent the obligation to pay any Service Fees related to Stache's provision of the Services;
as a Host, submit any Listed Space with a false or misleading price information, or submit any Listed Space 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, App 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, App, or any individual element within the Site, App or Services, Stache's name, any Stache trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Stache's express written consent;
access, tamper with, or use non-public areas of the Site, App, Stache's computer systems, or the technical delivery systems of Stache's providers;
attempt to probe, scan, or test the vulnerability of any Stache system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Stache or any of Stache's providers or any other third party (including another user) to protect the Site, App, 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, App, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

Account Termination

We may, at 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, App and Services, and (b) deactivate or cancel your Stache 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 Stache terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Stache account you will remain liable for all amounts due hereunder. You may cancel your Stache account at any time via the “Cancel Account” feature of the Services or by sending an email to support@stache.com. Please note that if your Stache account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or feedback.

Limitation of Liability

NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY LIABILITY WHICH MAY NOT BE LIMITED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE STACHE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, EVEN IF ANY OFTHE STACHE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE STACHE PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED YOUR REASONABLE AND FORESEEABLE DAMAGES, OR THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE SERVICES. PLEASE BE AWARE THAT EXCEPT WHERE MANDATED TO THE CONTRARY BY APPLICABLE LAW, THE LIMITATIONS ON LIABILITY SET OUT IN THIS CLAUSE WILL APPLY TO YOU IN FULL. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR WITH ANY TERMS OR CONDITIONS OF THIS AGREEMENT, YOU SHOULD TO STOP USING THE SERVICES.

Indemnification

You will defend, indemnify, and hold harmless the Stache Parties from and against any and all third-party claims, damages of any kind, and liabilities,(including resulting costs and expenses such as reasonable attorneys’ fees) arising out of any of the following:

(a) your access to, use of, or conduct in connection with the services;
(b) your interaction with any User or provider of Stache services;
(c) your agreement with any Host or Guest or third-party vendor of Stache Concierge Services;
(d) your addition of any Space;
(e) the use, condition, or licensing of any Space or reservation or use of any Stache service, including any injuries, losses, damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a reservation, or use of a space or Stache service;
(f) your violation of this Agreement; or
(g) your violation of the rights of another.

Dispute Resolution

PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND STACHE TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF. You and Stache agree to arbitrate any dispute, claim, or controversy arising from or related to this Agreement or the Services, except that neither you nor Stache is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND STACHE FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Stache agree as follows:

(a) you will each notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration;
(b) any arbitration will occur in San Francisco, California, U.S.A.; and
(c) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (or its successor). The language of all proceedings and filings will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration parties unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATIONS, AND NEITHER YOU NOR STACHE will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.

You can choose to reject this agreement to arbitrate (“opt out”) by sending Stache a written opt-out notice (the “Opt-Out Notice”) to support@stachethings.com within 30 days after the date you accept this Agreement for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of this Agreement will continue to apply.

Venue - Governing Law

The state and federal courts located in San Francisco County, California, U.S.A. will have exclusive jurisdiction over any suit in connection with the Services or this Agreement that is not subject to arbitration, and you and Stache hereby irrevocably and unconditionally permission and submit to the exclusive jurisdiction of such courts. This Agreement and your use of the Services will be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions.

Disclaimer

IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT STACHE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APP AND SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STACHE 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. STACHE 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, OR ERROR-FREE BASIS. STACHE 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 STACHE 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 HOSTS OR RENTERS. YOU UNDERSTAND THAT STACHE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. STACHE 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 STACHE. NOTWITHSTANDING STACHE’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE HOSTS, STACHE EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.