Terms and Conditions of PeerStorage Company, LLC

Last updated: April 29th, 2022

BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS BELOW, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION PROVISIONS. PLEASE READ THEM CAREFULLY.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and PeerStorage Company, LLC. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. If You disagree with any part of these Terms and Conditions then You may not access the Service.

By using the Website or Service you agree to comply with and be legally bounded by these Terms and Conditions, whether or not you become a registered user of the Service or a Renter or Host. If you do not agree to these Terms and Conditions, you have no right to obtain information from or otherwise continue using the Website, Service, and Content. These Terms and Conditions govern your access to and use of the Website, Service, and Content, which constitute a binding legal agreement between you and PeerStorage and a Renter and Host. Unauthorized or improper use of the Service or a violation of the Terms and Conditions set forth herein may result in you being banned form the Service and any use of the Services and PeerStorage’s platform or other service and may subject you to civil liability and/or criminal penalties.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. 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 create an Account by registering to PeerStorage User Accounts.

PeerStorage makes available a platform or marketplace with related technology for Renters and Host’s to meet online and arrange for Bookings of storage including, but not limited to, basements, garages, attics, closets, barns, sheds, storage units, driveways, lots, parking spots or other Space. PeerStorage does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. PeerStorage’s responsibilities are limited to: (i) facilitating the availability of the Website, Service and its platform, and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Renters on behalf of the Host and, in limited circumstances, to assist in remedying a Renter’s Default.

You understand and agree that, as further described below:

  • The service is licensed, not sold to you;
  • PEERSTORAGE IS NOT A PARTY TO ANY BOOKING AGREEMENTS (AS DEFINED BELOW) ENTERED INTO BETWEEN HOSTS AND RENTERS;
  • PEERSTORAGE IS NOT AN OWNER OR OPERATOR OF PROPERTIES, A CONTRACTING AGENT, AN INSURER, ESCROW AGENT, NOR IS IT A REAL ESTATE BROKER.
  • PEERSTORAGE HAS NO CONTROL OVER ANY SPACE OR THE CONDUCT OF HOSTS, RENTERS, OR OTHER USERS OF THE SERVICE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW; and
  • HOSTS ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LAWS OR REGULATIONS ASSOCIATED WITH STORING OF GOODS IN A SPACE ON BEHALF OF A RENTER, AND HOSTS ARE SOLELY RESPONSIBLE FOR UNDERSTANDING THE LAWS THAT APPLY TO THEM IN THEIR RESPECTIVE CITIES. PEERSTORAGE DOES NOT ADVISE ON ISSUES RELATED TO APPLICABLE LAW.

THE SERVICE IS INTENDED TO BE USED TO FACILITATE THE BOOKING OF SPACE. PEERSTORAGE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, LEGALITY OF SUITABILITY OF ANY SPACE. PEERSTORAGE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE CONTENT OF ANY LISTING OR THE SUITABILITY OF ANY SPACE.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR SERVICE OR BY POSTING ANY CONTENT FROM OR ON THE WEBSITE OR THROUGH THE SERVICE, 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 WEBSITE OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE SERVICES, OR CONTENT. IF YOU ACCEPT OF 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 OCMPANY OR OTHER LEGAL ENTITY, AND ITS SUCCESSORS AND ASSIGNORS.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Abandoned goods means personal property left by an owner who relinquishes all rights to its control.

Account means a personal account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Billing Period means 28-day period

Booking means another party has agreed to store their items for the sole purpose of storing them in the space listed by the Host, for the duration of the reservation period, during which time the Host may enter the Space and/or retake possession of any or all the Goods in accordance with the Booking Agreement.

Booking Total means the price applied by a Host for the total Rental period use of a storage Space in a particular Listing

Country refers to: Washington, United States

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to PeerStorage Company LLC, 1420 NW Gilman BLVD, Suite 2, Issaquah, WA, 98027.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Goods refer to the Renters items the Renter chooses to store in the Space.

Host refers to the party offering to provide, or providing, storage space.

Host Fee means the fees payable by the Host for the use of the service in connection with each booking, calculated as a percentage of the Booking fee. For every transaction, the Host will be charged a 3% fee.

Indefinite Rental means the Renter does not set a Move Out Date and their Booking will last until they cancel their Booking on the PeerStorage Service. With Indefinite Rental’s, the Renter will pay automatically the same day every month until the Booking is canceled.

Instant booking is a Booking process which the Host does not have to approve when the Renter reserves the Storage space. When a Renter submits an Instant booking, they have reserved the space for the time they indicate with the Move In Date and Move Out Date. Hosts are in charge of if their Listing can have instant booking or not when they add their listing.

Listing means a post on the Service uploaded by the Host for the purpose of advertising the Space.

Member means a person who completes our Account registration process, including but not limited to Hosts and Renters.

Move-In Date means the date set by the Renter and agreed upon by the Host at which the applicable Booking begins.

Move Out Date means the date set by the Renter and agreed upon by the host at which the applicable Booking ends.

One-time payment means the Renter pays for the full Booking upfront. This is a single payment for the Booking prior to Renter moving into the space.

Payment Transaction Fee is the fee paid to PeerStorage for facilitating the payment transaction. This fee is for credit/debit cards. Any fees charged for the Payment Method will be charged to the Host by PeerStorage.

Payment Method means a credit/debit card or other electronic payment such as Paypal or Stripe

Payout means the process of payment to Hosts generated by their reserved Bookings. Must be requested by Host through the Service.

Prohibited goods means the list of Goods that are not permitted to be Stored by the Renter.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Renter means the party seeking to store, or storing Goods in a Host’s Space.

Rental Period means the duration of a Booking beginning on the Move In Date and ending on the Move Out Date as set forth in the Reservation.

Rental Rate means the fees payable by the Renter to the Host for a Booking, calculated as the Service Fee displayed on the Listing to the applicable Rental Period. This is the rate displayed on the Listing.

Service refers to the Website.

Service Fee means the fees payable by the Renter to PeerStorage for the use of the Service in connection with each Booking, calculated as a percentage of the applicable Booking Fee. The Service Fee paid for by the Renter is 10% per transaction.

Space means the space (e.g bedroom, basement, attic, closet, garage, parking spot etc) that a Host lists in a Listing as available for the purpose of storing Goods, or for which a Booking has been transacted via the service.

Subscription means the Renter is on a month-to-month payment term. The date they will be charged is the day of their Move In Date. The Renter will be charged the same day every month until the Renter cancels their Subscription. The Renter will be charged automatically using our third-party payment system Stripe.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Total Fees consist of the Booking total and PeerStorage’ commission and any applicable taxes

Website refers to PeerStorage, accessible from https://www.peerstorage.co

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Your Information

If You wish to place a Booking on the Service or create a Listing, You may be asked to supply certain information relevant to Your Booking or Listing including, without limitation, Your name, form of government identification such as state driver’s license or passport, Your email, Your phone number, Your photo, Your credit card number or other payment type, the expiration date of Your credit card, Your billing address, and Your Listing address.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Booking and Payout; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Booking.

Renters Information

It is the Host’s sole right to check the Renter’s background, and criminal history and refuse to rent to the Renter, or terminate Renter’s Booking of the Host’s Space. PeerStorage reserves the right, but has no obligation, to perform these same background, criminal history checks but will not take responsibility for them. You herby expressly agree to PeerStorage’s use of a third-party service to perform a reasonable background check, in PeerStorage’s discretion, for the purposes of these Terms and your use of the Site and Services.

PEERSTORAGE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY ANY HOST OR RENTER SERVICE BASED ON THE RESULTS OF A BACKGROUND CHECK.

Changing Account Information

Renter agrees to immediately notify Host of changes related to Renter’s mailing address, phone number, email address, or other contact information and include any changes on their PeerStorage Account.

Host agrees to immediately notify Renter of changes related to Host’s phone number, email address, or other contact information related to the Service and include any changes on their PeerStorage Account.

Specific Obligations

Obligation of PeerStorage

By entering into a Contract between a Renter and a Host, PeerStorage will collect Service fees from the Renter and Payment transaction fees from the Host. All financial transactions between parties will be processed by a third-party electronic payment system embedded in the Site on the “Payment Method” page in Users dashboard. By using the Payment Method, You also confirm that You have read and agree to the Terms and Conditions which apply to that service.

PeerStorage will collect Service fees from the Renter on the Booking total due at the time of the Booking confirmation to the Host or with every reoccurring transaction. PeerStorage will also collect Payment transaction fees on the Booking total paid to the Host. If the Renter wants to extend the Rental period and has not selected Indefinite Rental, they will have to do so by re-booking the same Storage space by the same Host and set a new Move out date. Where a Booking has been extended, PeerStorage will continue to collect a Service fee from the Renter on the Booking total, and a Payment transaction fee from the Host.

If Indefinite Rental is chosen by the Renter, PeerStorage will collect Service Fee’s on every monthly payment transaction until canceled by the Renter through the PeerStorage Service.

Obligations of Renter

By entering into a contract with a Host you warrant and represent that you are not seeking Storage of Prohibited goods and will not use the space for any unlawful purpose other than for the storage of personal Goods and will not do anything that will interfere with the Host’s reasonable enjoyment of the rest of the premises in which the Space is located. Prohibited goods may consist of the following:

  • Any hazardous or illegal items
  • Guns and ammunition
  • Fireworks and flammable materials
  • Hazardous waste or chemicals
  • Living or dead organisms
  • Pesticides and toxins
  • Drugs
  • Stolen goods
  • Perishable food items
  • Any items that emit fumes or a strong odor
  • Any other items, the possession, usage, transport or storage of which may violate in any way applicable laws, rules, or regulations
  • Any other items specifically identified by the host on the listing as expressly prohibited

The Renter agrees to pay the Booking total fully and in good faith and using the online Payment method upon confirmation of the Booking with the Host.

The Renter is to ensure that the Hosts property is in an acceptable condition as advertised on the Listing on PeerStorage. If Listing is not as advertised, the Renter must submit a statement through PeerStorage Service Contact Us page. Upon the results of the investigation that the Listing is not a representation of the Space, the Renter is to receive a full refund, and the Host will be prohibited from listing any Space on PeerStorage from then on.

The Renter must adhere to the Host’s agreed upon contractual Move In Date, Move Out Date, and Accessible hours for access to the storage property. If the Renter does not specify a Move Out Date upon Booking, they need to cancel their Booking through PeerStorage Service in order to end the Booking.

Renter agrees to disclosing the Goods being stored in the Storage space to the Host and PeerStorage upon request.

Renter agrees to retake possessions of their Goods, vacate the Storage space completely by the Move Out Date, or upon cancelation of Booking through PeerStorage Service, and remove all Goods.

Renters are responsible for all damage to the Storage space that is caused by the Goods stored or by the negligent acts or omissions. PeerStorage will not be held liable for damage done by the Renter’s Goods.

Renter agrees that they have to either re-book the Listing or agree to month-to-month payment terms with the Host and PeerStorage prior to their Move Out Date if they want to continue to store their Goods in the Storage space. Renter must also communicate with the Host at least 24 hours’ notice prior to re-booking the space and the Host must accept the re-booking.

Renter agrees that they are not permitted on or in the Host’s property that is not the Storage space unless they receive permission by the Host.

Obligations of Host

Hosts must make sure the Goods and the Storage space are in reasonable care to ensure the return of Goods in the state they were in when put in Hosts possession.

Host must agree to never ask or insist a Renter pay any or all the Booking fees directly to Host with cash, check, or any payment method rather than through PeerStorage.

Host agree that they will not make or allow simultaneous Bookings for the same Space on PeerStorage or any like web service during a reserved Rental Period.

In order for Hosts to be “Verified” Hosts, they must provide picture of either driver’s license identification or passport, recent and accurate self-photo for their profile photo, email address, residential address, and phone number.

Host have the right to request list of Goods being stored in their Storage space and to ensure that the list of Goods is up-to-date.

Hosts must give the Renter an opportunity to view the space upon request before Move In Date.

Host will not move or make any use of the Renters Goods without the Renters written permission.

Hosts are responsible for all damage to the Goods that is caused by the Host’s negligent acts or omissions. PeerStorage will not be held liable for damage done to the Renter’s Goods.

Listings

Hosts must create a Listing and must describe the Space, along with any conditions of storage they wish to apply, on the listings page of the Website. As a Host, you acknowledge and agree that you alone are responsible for any and all Listing under your Member Account. This includes all Listings you post and Listings created by PeerStorage on your behalf. Such descriptions muay include text, pictures, and any other relevant content which will include space size (width, length), address or general location, accessible hours, accessibility of space, property or space security, climate or environment, rental rate, and any other details that the Website requires. All descriptions and information contained in a Listing must be accurate, complete, and up-to-date to the best of the Host’s knowledge. In the event the Space becomes unavailable for any reason, the Host agree to remove or suspend the Listing as soon as possible.

You as the Host acknowledge and agree that You are responsible for any and all Listings you post or Listings under your Member Account. In the event, PeerStorage creates a Listing on behalf of the Host and transfer’s that Listing to the Host’s Account, the Host acknowledges and is responsible for the accuracy of the Listing. Accordingly, you represent and warrant that any Listing you post or under your Member Account and the Booking, or a Renter’s rental of, a Space in a 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, Intellectual Property laws, and rules and regulations that may apply to any Space included in a Listing you post or Listing under your Account (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that we assume no responsibility for a Host’s compliance with or any agreements with or duties to third parties, applicable laws, rules and regulations.

You understand and agree that PeerStorage does not act as an insurer or as a contracting agent for you as a Host. If a Renter requests a Booking of your Space and stores Goods in or uses your Space, any agreement you enter into with such Renter is between you and the Renter and PeerStorage is not a party thereto. Notwithstanding the foregoing, PeerStorage serves as the limited authorized agent of the Host for the purpose of accepting payments from Renters on behalf of the Host and is responsible for transmitting such payments to the Host and in limited circumstances to assist Hosts in remedying a Renter’s Default.

If you are a Host, PeerStorage makes certain tools available to you to help you to make informed decisions about which Renters you choose to confirm for Booking for you Space. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individual who reside at or are otherwise at the Space at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Space, if applicable).

Risk of Personal Injury Due to Host’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 Host to take reasonable steps to protect Stored Goods, Host shall have no liability to Renter or Renter’s invitees for any personal or bodily injury except in the event of Host’s gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims or causes of action Renter may have against Host, in the event of personal or bodily injury to Renter or Renter’s invitees, except as a result of Host’s gross negligence or willful misconduct.

Disclosure of Background Check/Consent

In an effort to try to protect against potential fraud or other wrongful conduct by users of its platform, PeerStorage reserves the right to performs background checks on users who submit an ID for verification.

PeerStorage uses a third-party service to check publicly available information for all its users, which includes but is not limited to, court records and criminal history, if any. No information obtained through this background check will be shared or disclosed to any person or third party, except as may be required by law enforcement or by a court of law with appropriate jurisdiction or as may be strictly required to respond to bank disputes or chargebacks for payments made.

PeerStorage reserves the right to terminate a user’s account with PeerStorage for any reason, including but not limited to, the results of a background check or any violations of the Terms of Service.

BY CLICKING “REQUEST TO BOOK”, YOU ARE CONSENTING TO ALLOWING PEERSTORAGE TO PERFORM A BACKGROUND CHECK ON YOU.

Insurance

PeerStorage does not currently offer any property, damage, misconduct, risk, liability, or any kind of insurance or guarantees to either Host or Renters. PeerStorage recommends Hosts have home owners’ insurance and that they verify their current homeowners’ or renters’ insurance policies and to seek legal counsel to verify that they have the appropriate coverage to enter into these agreements, including:

  • Coverage for damage to property caused by Renters entering or exiting the space or caused by the storage property
  • Coverage for damage caused to Renters Goods being stored

PeerStorage recommends that Renters obtain Renter’s insurance to cover the damages to their stored Goods. PeerStorage recommends both Host’s and Renter’s take pictures of the state of the Goods, along with an inventory list and their valuation.

Renters agrees that the use of the Space is at the Renter’s sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Renter’s property, Host shall have no liability to Renter or Renter’s invitees for any personal or bodily injury endured while at the Hosts property, except in the event of Hosts’ gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims of causes of action Renter may have against Host, in the event of personal or bodily injury PeerStorage to Renter or Renter’s invitees, except as a result of Host’s gross negligence of will misconduct.

PeerStorage is not an insurance company, broker, or agent. PeerStorage is not an insurance provider, broker, or agent. PeerStorage is not licensed in any state or country to be an insurance provider, broker, or agent. All of PeerStorage’s damage waiver coverage options are not insurance policies. Any insurance coverage made available to Renters or Hosts is provided by an independent third-party insurance company or broker. Terms and conditions may apply.

Damage Guarantee

However, PeerStorage provides a secondary “guarantee” to apply in the limited circumstances listed below, and only to the extent the losses are not covered by any other insurance carried by either the Renter or Host. The secondary “guarantee” will apply only after the Host’s homeowner’s policy or commercial general liability policy have been applied.

The secondary “guarantee” does not apply to (1) losses or claims that would not have arisen but for a breach or noncompliance with these Terms (including, but not limited to, the presence of any of the Prohibited items listed in the “Obligations of Renter” section of this agreement) or to (2) exclusions described in PeerStorage’s insurance policy which PeerStorage maintains in its sole discretion and which PeerStorage is not obligated to share with any user, Renter, or Host. Specifically, those exclusions include (but not limited to) the following:

  • Property stored in any space other than your “storage space”;
  • Explosives of any type, gasoline or other fuel, hazardous or flammable materials, pesticides or other toxic chemicals, or lithium batteries;
  • Firearms or ammunition;
  • Illegal drugs or other controlled substances, stolen goods or other contraband;
  • Perishable food items, spoiled food, moldy items, waste of any kind, infested items or items that emit fumes or other strong odors;
  • Organisms, whether living or deceased;
  • Damage to property stored in or caused by a violation by you of the Terms;
  • Accidental damage due to the shipping, handling, or transportation of the Stored Goods (e.g., move-in or move-out of the reserved space), including drops, spills, or liquid damage;
  • Damage to or loss of property from theft, vandalism, misdemeanor, or other criminal act unless a police report has been filed in a timely manner, a copy of which has been provided to PeerStorage, that specifically itemizes the damage to or loss of the Storage Goods;
  • Property not properly registered or insured, as applicable, according to applicable laws;
  • Damage that is covered by any other warranty or service contract, insurance policy, or product recall;
  • Damage to property that has been used, or is being used, in a commercial or industrial setting;
  • Damage resulting or arising from normal wear and tear, pre-existing conditions, recall, violation of applicable ordinances or laws, utility services, acts of God, earth movement of any type including, but not limited to, earthquake, eruption, landslide, erosion, sinking, shifting, settling, cracking or contracting of the earth, wildfire, storm, hail, flooding, surface water, waves, tidal water or overflow or other substance overflows, or any governmental, war or military action or action by any governmental or civil authority, riot or civil unrest, nuclear threats or actions, or virus or bacteria;

No reimbursement will be made by PeerStorage for routine or preventative cosmetic damage repair, cleanings, maintenance, installation, consumable parts (e.g., batteries, filters), labor, permits, or licenses of any Stored Goods.

The “guarantee” will apply only to losses or damage suffered by a Host that are not excluded and up to the policy limit ($1,000 for Host losses or damage) under the following terms and conditions:

  • Damage to Host’s Property

Damage shall be payable only at PeerStorage’s discretion. The secondary “guarantee” provided will apply after the Host’s homeowner’s policy or commercial general liability policy and the Renter’s insurance policies have been applied. An official written claim must be filed within 10 days of the Booking cancelation date, or the Move Out Date, whichever is earlier, and the claimed property damages must be directly caused by the Renters Goods in storage at the Host’s property. The property in question must be explicitly listed on the PeerStorage Storage Listings prior to the damage occurring. Damaged property that was not listed on PeerStorage Storage Listings, regardless of if storage was communicated to the Host at a later point or through PeerStorage’s messaging platform but not added to the appropriate Booking fields, are not covered.

Each filed claim must include, but is not limited to, the following:

  • Written account of what occurred following the damage of the property.
  • Photo documentation for the Host’s Property prior to the Booking.
  • Documentation outlining the amount of the property damage the primary insurance policies of both the Host and the Renter will cover.
  • Copy of a filed police report in the case of damaged property.

In the event that the Renter is found responsible for damages to the Hosts property as outlined in the cases above, the Host authorizes PeerStorage, in its sole discretion, to determine the amount to be charged to the Renter and paid to the Host, except in cases exceeding $1,000 in damages (as determined by PeerStorage), which will then be determined by professional arbitration (see “Arbitration” below) between the Host and Renter. The Host agrees to pay associated arbitration fees in the cases where the Renter is found responsible for damage to the Hosts property. To avoid disputes, Hosts are encouraged to record the initial state of the Property and stored Goods.

Claims should be filed to PeerStorage through the Contact Us page.

Cancellations

Account

We reserve the right, with or without cause, to refuse or cancel Your Account and Listing at any time without prior notice. You release PeerStorage from any liability regarding said refusal or cancellation. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Renter Booking Cancellation

It is the responsibility of the Renter, not the Host, to cancel a Booking once the Renter has removed the Goods from the Space. Renters must visit their My Bookings page to cancel their Booking and all future payments will be stopped effective immediately. Renters are not eligible for a refund nor a prorated amount if they store for less than the standard rental month.

  • If a Renter needs to cancel their Booking, they must do so 48 hours in advanced of the Move In Date in order to be eligible for 75% refund of the Listing Price and will be refunded 0% of the Service and Payment Transaction Fees.
  • If a Renter needs to cancel their Booking less than 24 hours after Booking approval and/or more than two (2) days before the Move in date, the Renter is eligible for a 100% refund of the listing price minus the Payment Transaction Fees.
  • If a Renter gets approved of a Booking on the Renters Move In Date but needs to cancel, they are eligible for 100% refund of the Listing Price and will be refunded 0% of the Service and Payment Transaction Fees. Renter must request refund from Host and PeerStorage the same day of their Booking approval and Move In Date in order to be eligible. If Renter refund requests to Host and PeerStorage is made after Booking approval and Move In Date, Renter is not eligible for any refund.

The Renter must communicate with the Host on when they will be moving out the Goods. If a Renter communicates to its Host that it wants to move out and end it’s Booking but does not cancel its Booking on the PeerStorage Service, the Renter is not eligible for a refund if its rental month automatically renews or the Renter is already charged for the Booking.

Host Booking Cancellation

The Host reserves the right to refuse or cancel Your Booking before the Renters Move In Date for any reason. If the Host cancels the Booking prior to the Move In Date but has received payment, the Host is obligated to fully refund the Renter.

If a Host needs to terminate a Booking after the Renter has moved their Goods in the storage space with no breach of Terms and Conditions by Renter, the Host is required to provide notice immediately to the Renter and PeerStorage. If the Renter has booked at a daily or weekly Rental Period, the Host has to notify the Renter in advanced of half the period of the Renters total Rental Period. For example, if the Renter has booked storage for ten (10) days, the Host must provide the Renter five (5) days’ notice. If the Renter has booked at a monthly Rental Period, the Host must provide notice immediately or 30 days’ notice of the Move Out Date or date of last payment.

If the Renter has booked at the hourly Rental Period and less than a 24-hour Rental period, the Host must notify the Renter immediately. This is considered not sufficient notification time and the Host will be charged $50 termination fee and refund the Renter for the time left on the Rental period.

In an unlikely occasion requiring a Host to cancel the Booking without sufficient time stated above, and the Renter has to move out their Goods immediately, the Host will be charged for all fees associated with moving out the Goods to a new storage space. The Renter will receive the refund for the time left on the Booking refunded by the Host minus Service and Payment Transaction Fees. The Host will also be charged a $100 termination fee.

Booking Subscription Cancelations

If the Renter is on a month-to-month automatic payment agreement (“Subscription”) with the Host, in order to cancel and end the Subscription, the Renter must notify the Host and PeerStorage of their Move Out Date. If Renter or Host wishes to cancel or terminate the Booking, the party wishing to terminate must provide 4 weeks’ notice (“Notice Period”) to the other party in writing and through the PeerStorage Service.

If you are a Renter terminating the Booking, you must pay the Total Fees associated with each day of the Booking Term until the cancelation or termination is effective, regardless of whether you have vacated or removed your Goods beforehand. The Host will receive the Booking Fee less the applicable Host Fee corresponding to the whole Notice Period.

If you are a Host terminating the Booking, you agree to continue to store the Goods for the duration of the Notice Period and forfeit the Booking Fee payable to you for the period of the Notice Period.

If an automatic payment of the Total Fee is unsuccessful, or any payment of the Total Fee is not received by PeerStorage when due for a Billing Period, the Renter and Host will be notified by PeerStorage. In the event that payment is not remitted within 30 days of being due, Host may deny the Renter access to the Space or Host’s property until the default is cured. In the event that payment is not remitted by the end of that Billing Period, the Booking shall terminate, and the Host may: (a) give the Renter 3 days’ notice to retake possession of the Goods; and (b) exercise any other remedy allowed by law.

Renters looking to cancel their Subscriptions are to do so through contacting PeerStorage through the Contact Us page.

Booking Agreements

Renters are to submit a Booking for the space via the Service, the Renter is making an offer to transact for the requested Booking.

Month-to-month booking is a Booking process which the Renter does not set a Move Out Date, only a Move In Date for the Booking. The Renter will be automatically charged on the same date of the month for their Booking until Booking is canceled on the PeerStorage Service as in section “Renter Booking Cancellation”.

If you are a Host and your Listing is not Instant booking, you will receive a Request via the Service. You will be required to either accept or reject the Request within three (3) days or 72 hours of when the Request is submitted. When the Request is accepted and confirmed by the Host, the Host agrees to pay the Payment Transaction Fee corresponding to the payment for the requested Booking. Upon confirmation of the Booking, the Renter and the Host will receive a confirmation email from PeerStorage summarizing the confirmed Booking. If the Host does not accept or reject a Request within three (3) days or 72 hours, the Request will be automatically rejected and canceled.

Once Booking is accepted, You agree that all payments for Bookings transacted on or through the Service must be made on or through the Service in accordance to this Terms and Conditions.

When a Renter requests a Booking for a Listing and the Booking is accepted, the Renter agrees and understands that they are required to enter into an agreement with the Host and to accept any terms, conditions, rules and restrictions associated with the Storage space imposed by the Host.

Bookings are solely between Renters and Hosts. PeerStorage is not a party to any Booking agreement. You acknowledge and agree that You, not PeerStorage, will be responsible for performing the obligations of any Booking agreement you enter into, and that, with the exception of its payment collection obligations, PeerStorage disclaims all liability arising from or related to any Booking agreement. You understand and agree that PeerStorage does not act as an insurer, real estate broker, or your contracting agent.

Renter Access to Space

Hosts are solely responsible for honoring any confirmed Bookings and making available any Storage space reserved in connection to this Service. In the Listing the Host agrees to provide the times that the Renter may access Goods. In some cases, Host may provide Renter with means for unlimited access. Renter must contact Host at least 24 hours in advance to request access unless otherwise specified in written agreement between the Host and the Renter. Unless otherwise noted in the Listing, the Host must provide reasonable access to the Space upon request from the Renter and communicate with the Renter in a timely manner.

Payments

All Services purchased for Bookings are subject to a one-time payment or month-to-month automatic payments. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (Stripe, Stripe Connect, for example).

PeerStorage will process payments made by Renters using a third-party service provider (“Stripe”). By transacting for a Booking with a Host or otherwise purchasing services on or through the Service, you hereby agree and acknowledge that PeerStorage is bound by Stripe’s terms and conditions (available at https://stripe.com/us/terms) (“Stripe Terms and Conditions”), along with its privacy policy (available at https://stripe.com/us/privacy) (“Stripe Privacy Policy”), and that you also agree to be bound by the Stripe Terms and Conditions and Stripe Privacy Policy to the extent applicable. You also hereby consent and authorize PeerStorage to delegate the authorizations and to share the information you provide to PeerStorage with Stripe to the extent required to provide payment services to you. PeerStorage may also be contacted directly for payment support by email at support@peerstorage.co.

Payment Schedule

The Renter can choose whether to pay for the Booking as a one-time payment (“One-time payment”) or choose a month-to-month automatic payment subscription (“Subscription”).

During a One-time payment schedule, the Renter provides their Move In Date and Move Out Date and chooses the “Credit Card (Stripe)” payment option upon checkout. This will only be a one-time payment for the whole Booking.

If the Renter chooses a month-to-month automatic payment Subscription, they will have to Book the Space for one month and choose the “Credit Card (Stripe Connect)” payment option upon checkout. If this payment schedule is chosen, the Renter agrees to allow PeerStorage and Stripe to automatically charge the Renter on the same date every month. The Renter will be automatically charged the same Rental Rate monthly until the Renter cancels the Booking through the PeerStorage Service and the Host.

Payment Terms

Payment for Booking will be collected when the Booking is confirmed by the Host. Renter must pay for the total Rental period making it a One-time payment or Subscription payment schedule.

PeerStorage will collect from Renter the Total fees at the time of Booking confirmation. PeerStorage will automatically collect the Service fee from the Renter and the Payment transaction fee from the Host.

Each Listing will display the Rental Rate and the Service fee. The Host determines the Rental Rate for the Listing. The Renter will be shown the Booking Total and the Service Fee and any Taxes applicable to the requested Booking, prior to submitting the Booking request.

If you are a Renter, you acknowledge and agree that PeerStorage acts as the Host’s payment collection agent for the purpose of accepting payments on behalf of the Host for the applicable Booking. You the Renter authorize PeerStorage to collect the Booking Total associated with the Booking by your Payment Method.

Host Payouts

If you are a Host, PeerStorage deducts the applicable Payment Transaction Fee from the Booking Total collected on your behalf before paying the balance to you. The Payout for the Host

Payouts to the Host work like this:

  • Host is to request a payout from their “Payment Method” page in their dashboard.
  • Payout is made via direct deposit to your bank account. Payouts occur in 30-day billing periods, with the first payout on the first day of your second billing period. We hold payouts this way to protect both renters and hosts in the event that either party cancels prematurely. For periods less than 30 days – shorter bookings or bookings with partial periods at the end (e.g a 40-day Booking will be broken into a 30-day initial period and a subsequent 10-day partial period). A partial period payout occurs at the conclusion of the booking. If a payout is requested prior to this 30-day period, payouts will be held until the end of the period.
  • The payout the Host receives is the Booking Total minus Service Fee and Payment Transaction Fee. There may be a fee associated with the transfer of money into a Hosts account from Paypal or another Payment Method. After a payout is requested and at the 30-day period, it may take up to seven (7) days for Hosts to receive payouts. This is dependent on the Payment Method chosen by the Host and Renter.

Hosts agree to provide their Payment Method in order to receive Payouts.

Taxes

You understand and agree that you as the Host are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Hosts agree to review their own country, state, and city tax and zoning codes and to make adjustments in their billing structure prior to submitting their Listing on PeerStorage. PeerStorage cannot and does not offer tax-related advice to any User.

You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

No Endorsement

We don’t endorse You or any Space. You are responsible for exercising due diligence and care when deciding whether to book a Space or to accept a booking request from a Renter, or to have any other interaction with any other PeerStorage Account. We encourage you to communicate directly with other Members on the Service regarding any Booking or Listings. PeerStorage is not responsible for any damage or harm resulting from your interactions with You or any other PeerStorage Members.

You are required by these Terms and Conditions to provide accurate information, and although PeerStorage may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we don’t make any representations about, confirm, or endorse any members or Accounts or the Account’s purported identity or background.

Indemnification

You agree to hold us, subsidiaries, and Affiliates, and our and their respective officers, directors, partners, employees, shareholders, consultants, members, managers, owners, and agents harmless form any claim or demand, including reasonably attorneys’ fees, due to or arising out of: (i) your access to, reliance on, use, purchase, or, as applicable, consumption of the Website or Services (including any use by your employees, contractors, customers, agents, or clients and all uses of your account numbers, user names, and passwords, whether or not actually or expressly authorized by you, in connection with the Service); (ii) your connection to the Services; (iii) your violations of these Terms and Conditions or your breach of any representation or warranty made herein; (iv) your infringement of any third party’s Intellectual Property Rights when using the Website; (v) your violation of any rights of any third party; (vi) any dealings or interactions between you and any other Member; or (vii) your access to or use of any sites linked to the Website or the Service. Furthermore, (viii) you agree to indemnify and hold harmless PeerStorage and the property owner or Host to damages to Renter’s possessions, including but not limited to theft, fire, flooding, or an act of God. In the event of an accident to the Host or owner’s property, you must surrender insurance information at the Host or property owner’s request. Failure to do so may result in a claim and Host may choose to disallow you from entering their property until such claim is finalized. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. If you have a dispute with one of more Members, you release us form claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Incentive & Referral Program Terms and Condition

As an Incentive & Referral member, you are subject to PeerStorage’s Terms of Use and PeerStorage’s Privacy Policy, as well as the following additional Terms & Conditions for PeerStorage’s Incentive & Referral program:

  • Storage Host will receive their $10 dollar cash incentive when they list their space and receive their first booking. The incentive payment will be payable directly to their account wallet in their user’s dashboard. The incentive payment may be transferred to Storage Host’s after they list their space, but Storage Host’s will not be able to receive their cash payouts until after they have received their first booking.
  • Storage Host’s will receive their $5 dollar cash referral incentive when their Referrer lists their space on PeerStorage. The referral payment will be payable directly to their account wallet in the user’s dashboard. The referral payment will be transferred to Referrers after it is confirmed that their referral has list their space. PeerStorage will request the name and email of the Referrer from the Storage Host and the name and email of the Storage Host from the Referrer to confirm the referral.
  • Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the Participant. Participants are solely responsible for reporting such items on their tax returns and paying any associated tax liability.
  • Termination. PeerStorage may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Incentive & Referral Program at any time, without notice. PeerStorage may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Incentive & Referral Program for breach of these Program Terms and Conditions or taking any actions that are inconsistent with the intent of these Program Terms and Conditions.

Eviction

PeerStorage may choose to evict the Renter in the case of non-payment or insufficient payment to the Storage Host. PeerStorage will charge Renter a $100 eviction fee. Renter may be evicted for default payment, illegal Goods as listed in “Obligations of Renter”, or failure to move out items past their Move Out Date. PeerStorage may choose to evict the Renter in cases of “default” as described in the “Renter Default” section.

Collection

If the Renter fails to make a payment or such payment is denied, returned, refunded, charged-back, or invalidated, PeerStorage may impose a fee of $50 for each such failed payment. In the event collections may occur, the Renter agrees to pay all other costs of collection, court costs, and reasonable attorney fees, in addition to, the collection fee.

Renter Default

Renter will be in “default” if:

1.      Renter has failed to pay any sum when due under the Listing, or

2.      Renter has provided false or incorrect information to Host or to PeerStorage; or

3.      Renter has failed to notify Host and PeerStorage of a change in the Renter’s address, or e-mail address as required in these terms; or

4.      Renter has failed to vacate the Space by the end of its Booking period or the date on which Renter is to vacate as required by the host; or

5.      Renter will be in default if Renter has failed to comply with any of the provisions of these Terms and Conditions.

Renter Default Process

If a Renter fails to make a payment on their Booking or Renter is in “default”, PeerStorage shall take steps to notify Renter of such default and provide Renter an opportunity to mitigate such defaults. If Renter fails after receiving such notice and opportunity to mitigate defaults, PeerStorage may exercise one or more of the following:

1.      Collect Renters owed charges to the Host and PeerStorage. PeerStorage has the right to exercise any remedy by law.

2.      Deny Renter access to Renters Goods and property which Renters Goods are Stored.

3.      Cancel Renters Booking by giving Renter two (2) days’ notice to vacate. If Renter fails to vacate and PeerStorage files an eviction lawsuit, Renter will pay PeerStorage’s attorneys fees and court costs plus a reasonable judicial eviction charge for PeerStorage’s time, inconvenience and overhead for filing the eviction suit.

4.      PeerStorage and Host have the right to lien by seizure and sale of all Stored Goods in the Space, pursuant to applicable laws, rules and regulations, under the Host’s local and state codes, as long as applicable fees have not been paid for at least 30 days. Seizure and sale will only be for default in paying sums due to PeerStorage. Renter is obligated to pay fees associated with using a third-party to remove their Goods from the Host’s Space if charges have not been paid for at least 30 days. Sale of the Stored Goods in the Space may be accomplished using an online storage auction, and Renter waives any claims, statutory or otherwise, arising out of any allegation that the online storage auction was related to disposition of the Stored Goods.

If either of such events listed above occur, the Host may not communicate with the Renter or take any action other than to restrict access to the Space. Host must cooperate with PeerStorage in any eviction, sale, auction, or other proceedings against a Renter and must provide requested information (e.g list or photos of items) to PeerStorage in a timely manner upon request. The Host also must provide access to the Space as requested by PeerStorage for the new owner of any contents that have been auctioned to a third party.

Availability, Errors and Inaccuracies

We may experience delays in updating information regarding our Listings on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise Listing prices at any time. If a Renter needs to immediately re-book its current Storage space, the Renter shall do so at the same Listing Rental Rate as its current Booking. The Host may not raise the Rental Pate for a Renter who has already booked the Space and is re-booking with their Goods in the Storage space.

User Accounts

To access the features of the Service, including creating a Listing, or transact a Booking on or through the Service, you must register for an account with PeerStorage. When You create an account with PeerStorage, You must provide PeerStorage information that is accurate, complete, and current at all times. This information includes email address, name, phone number, Google or Facebook single sign-on information, or other contact information. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

By granting PeerStorage access to any Third-Party Accounts, you understand that PeerStorage 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’s available on and through the Site, Services and Application via your Cash for Space Account and PeerStorage 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 PeerStorage Account on the Site, Services and Application.

If a Third-Party Account or associated service becomes unavailable, or the third-party service provider terminates access to the Third-Party Account, then SNS Content will no longer be available on and through PeerStorage. You have the ability to disable the connection between your PeerStorage Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PeerStorage makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality, or non-infringement and PeerStorage is not responsible for any SNS Content.

PLEASE NOTE THAT 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.

Content

Your Right to Post Content

  • Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
  • By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
  • You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@peerstorage.co and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at support@peerstorage.co. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. The Company’s logo and any other image on the website which bears the Company’s name are trademarks of the Company. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

We encourage Renters and Hosts to provide feedback, comments, and suggestions for improvements to the Service and Site. You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. Feedback may be submitted by emailing us at support@peerstorage.co or through the “Contact Us” page of the site.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Limitation 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 PEERSTORAGE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PEERSTORAGE 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 PEERSTORAGE 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 HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE PEERSTORAGE HOST GUARANTEE, IN NO EVENT WILL PEERSTORAGE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY PEERSTORAGE 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 PEERSTORAGE 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.

Disclaimers

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

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company through the Contact Us page.

Arbitration

You and PeerStorage 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 resolved by confidential, binding arbitration. Such arbitration will occur only after you and PeerStorage have taken good faith efforts to resolve the dispute and such dispute has failed to be resolved. The arbitration shall be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) and shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the “AAA”. The AAA rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PeerStorage. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

YOU AND PEERSTORAGE BOTH WAIVE THE RIGHT TO TRIAL BY JURY IN ALL ARBITRABLE DISPUTES. You and PeerStorage 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 PeerStorage otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). PeerStorage’s address for notice is: PeerStorage Company, LLC., 1420 NW Gilman BLVD, Suite #2, Issaquah, WA, 98027. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or PeerStorage may commence an arbitration 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.

During the arbitration, the amount of any settlement offer made by you or PeerStorage must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, PeerStorage will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by PeerStorage in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

Exceptions to this arbitration provision 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 in Seattle, Washington.

If any portion of this arbitration provision 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 provision shall not have any impact on the remainder of the arbitration provision, which shall be given full force and effect.

To the extent any disputed matter arising out of or relating to these Terms is deemed to not be subject to these arbitration provisions, such portion of any disputed matter shall be brought exclusively in the federal and state courts located within the State of Washington, and the parties do hereby submit to the exclusive jurisdiction of those courts.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@peerstorage.co

By visiting this page on our website: https://www.peerstorage.co/privacy-policy/

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