Terms and Conditions

Welcome, and thank you for your interest in Underutilized Space Solutions, Inc. (“USS”, “we,” or “us”) and our Web site at www.stowthat.com (the “Site”), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site, our “Service”). These Terms of Use are a legally binding contract between you and USS regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE USS PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then please do not use the Service.

These Terms of Use provide that all disputes between you and USS will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with USS.

1. Service Overview.

The Service is an online venue designed to connect property owners who have secured or securable space usable for storage (“Owners”) with people needing additional storage space for their belongings (“Renters”) (Owners and Renters together, “Users”). The Service may provide a platform for Users to communicate their respective offerings and storage needs, and to manage payment for rented property.

2. Agreements Between Owners and Renters.

The Service is a neutral venue for enabling Users to connect with each other. We have no control over the conduct of any Users, nor do we verify the truth or accuracy of any information provided by Users and made available on the Service. YOU UNDERSTAND AND AGREE THAT USS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS, NOR IS USS A REAL ESTATE BROKER, CONTRACTING AGENT, OR INSURER.

3. Eligibility

You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

4. Accounts and Registration

  • 4.1 General. To access most features of the Service, you must register for an account. When you register for an account, you will be required to provide us with certain information about yourself, such as your name, email address, phone number, physical or mailing address, and any information required by a third party payment processing system used by the Service. Additionally, you will be required to identify yourself as a Renter or a Owner. Any detailed reservation information (if you are a Renter) or property information (if you are a Owner) required of you may be updated by USS from time to time, without notice and at USS’s sole discretion. You agree that all information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password or to sign in through a third party authentication service, such as Facebook Connect. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@stowthat.com.

  • 4.2 Renter Accounts. If you are a Renter, you must register for an account with the Service in order to reserve storage properties made available by Owners and contact Owners. If you use the Service to request reservation of a Owner’s property, you must further provide us with detailed information regarding your reservation, including without limitation: the requested dates or times for rental; a description of the items you intend to store on the Owner’s property; and requested dates, times or frequency with which you intend to access the Owner’s property.

  • 4.3 Owner Accounts. If you are a Owner, you must register for an account with the Service to make your property available to Renters through the Service. In order to make your property available to Renters, you must also provide detailed information about your property, including without limitation: the monthly price, inclusive of any fees charged pursuant to section 6 below, at which you are offering your property to Renters; the location, size, condition, and security level of the property; dates or times of of the property’s availability; dates or times of the property’s accessibility; any prohibitions or restrictions in addition to those included in Section 7 below; and photographs of the property that are of sufficient quality for Renters to ascertain its characteristics.

5. Reservations.

If you are a Owner and receive a reservation request for your property from a Renter, you may, at your discretion, either deny or accept the reservation. Either the Renter or the Owner may propose an in-person meeting at any time prior to acceptance of a reservation request, and the non-proposing party may deny or accept the in-person meeting request at their discretion. If an in-person meeting is requested by either party, a denial by the other party may be the basis for either party to deny or cancel the associated reservation request. When deciding whether to request a reservation, and whether to accept or deny such a reservation request, USS strongly advises Users to consider all information required of both Owners and Renters (and provided to Users through the Service), including without limitation the value of any items proposed to be stored. As a reminder, USS is not a party to any agreement between Owners and Renters, and is NOT OBLIGATED TO ASSIST IN THE RESOLUTION OF ANY DISPUTES ARISING FROM ANY AGREEMENTS BETWEEN USERS.

6. Fees and Payment.

  • 6.1 Fees. USS may charge you fees for your use of the Service in addition to the fees you may pay or receive as a Renter or Owner. If you are a Renter, these fees are in addition to any fees or other transaction costs you pay to a Owner for access to their property. Similarly, if you are an Owner, any payment remitted by a Renter to you for access to your property will be reduced in the amount of the fees due to USS. Before USS deducts any fees from payments that you transmit to another User via the Service or you are otherwise required to pay any fees to USS, you will have an opportunity to review and accept the applicable fees that will be deducted or that you will be charged, including any periodic deductions or charges. All fees are in U.S. Dollars and are non-refundable. USS may change the fees for the Service or any feature of the Service, including by adding additional fees or charges, on a going-forward basis at any time.

  • 6.2 Payment. USS uses a third party payment processing service for processing any payments submitted through the Service, and you agree to use, through the Service, the third party payment processing service chosen by USS for any transactions related to the Service, and further agree to abide by any additional terms required by the third party payment processing service. USS may change the third party payment processing service used by the Service at any time, without notice, and at USS's sole discretion. USS will charge the payment method you specify at the time of purchase. You authorize USS to charge all sums to such payment method. The Service may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Service, you authorize USS to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for such accrued sums. At the time you activate or update any recurring payment through the Service, we will provide you with details regarding the exact payment to be recurrently charged, the frequency and timing of the recurring payment, and information on how to cancel the recurring payment. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take up to 3 business days for the update or cancellation to take effect. Cancelation of an agreement requires 30 days notice; however, if you cancel or terminate your agreement prior to the original agreed upon end date of the agreement, and your cancelation date does not fall on the same calendar day as your next payment date, the Renter will be charged in full for the next month's rental fee subsequent to the date of the termination request. This includes fees paid to USS. If you pay with a credit card, USS may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

  • 6.3 Unsuccessful Payments. If a payment you transact through the Service includes any fees due to USS in connection with your use of the Service, in the event that such payment is unsuccessful for any reason, you agree to successfully submit (or resubmit) the payment through the Service within 30 days after the unsuccessful payment. After 30 days, the specific agreement made through the Site is considered terminated. Owners are required to understand and follow the specific laws of the state in which they offer space to determine their obligations regarding return, disposal, or sale of property left by the Renter. As a reminder, USS is not a party to any agreement between Owners and Renters, and is NOT OBLIGATED TO ASSIST IN THE RESOLUTION OF ANY DISPUTES ARISING FROM ANY AGREEMENTS BETWEEN USERS.

7. User Content.

  • 7.1 User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.

  • 7.2 Limited License Grant to USS. By posting or publishing User Content, you grant USS a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by USS may be without any compensation paid to you.

  • 7.3 Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that User a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.

  • 7.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:

    • you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize USS and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 7 and in the manner contemplated by USS and these Terms; and

    • your User Content, and the use as contemplated in these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.

  • 7.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. USS may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against USS with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, USS does not permit copyright-infringing activities on the Service.

8. Digital Millennium Copyright Act

  • 8.1 DMCA Notification. We follow the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:

    Underutilized Space Solutions, Inc.
    210 Summit Ave. East
    Seattle, WA 98102
    privacy@stowthat.com

    Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

    3. a description of the material that you claim is infringing and where it is located on the Service;

    4. your address, telephone number, and email address;

    5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

    6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

  • 8.2 Repeat Infringers. USS will promptly terminate without notice the accounts of users that are determined by USS to be “repeat infringers." A repeat infringer is a user who has been notified of infringing activity more than twice or has had User Content removed from the Service more than twice.

9. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

9.1 use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including any applicable Owner/tenant law;

9.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

9.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

9.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;

9.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

9.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;

9.7 sell or otherwise transfer the access granted by these Terms or any Materials (as defined in Section 17 below) or any right or ability to view, access, or use any Materials;

9.8 attempt to circumvent any fees required to access or use the Service, such as those described in Section 6 above;

9.9 if you are a Renter, use any property you rent through the Service:

  • to store explosive, flammable, corrosive, toxic, or other hazardous materials such as fertilizers and pesticides; unsecured firearms; perishable items; or illegal or stolen items;

  • for commercial, work or other similar purposes, unless otherwise specifically allowed in writing by the Owner of the property; or as sleeping or living quarters;

9.10 attempt to do any of the foregoing in this Section 9, or assist or permit any persons in engaging in any of the activities described in this Section 9; or circumvent the Service for making or receiving payments for property rented via the Service.

10. Owner Responsibilities.

In addition to abiding by the prohibitions listed in Section 9 above, if you are a Owner, and if you enter into an agreement with a Renter to rent your property through our Service, you must at all times ensure the safety and security of any Renter items stored. In particular, you agree to:

10.1 provide accurate and complete information about the space you are making available to Renters;

10.2 lock or seal all external access points to the property such that the rented area may only be accessed by the Renter through a single access point secured by a unique key, combination lock, secured garage door opener, or similar security device;

10.3 during the rented period, ensure that only you and the Renter, and no other party, has access to the rented area;

10.4 provide the Renter with sufficient notice, as required by applicable local law, prior to entering any property currently rented by the Renter;

10.5 attain the Renter’s written consent prior to disturbing, handling, photographing or otherwise manipulating any Renter belongings stored within any property currently rented by the Renter;

10.6 not change any lock, combination, access code, or other security information required for a Renter’s access during the rental period; and

10.7 not dispose of or destroy any Renter property at the end of the rental period except in accordance with your agreement with the Renter or otherwise in accordance with applicable law.

11. Renter Responsibilities.

If you are a Renter, and if you enter into an agreement to rent a Owner’s property through the Service, you also agree to:

11.1 not share, copy, or otherwise compromise any security device required for your access to the Owner’s property;

11.2 not store unboxed items (unless they are too large to reasonably box, in which case they must be properly secured and covered); and

11.3 not access any areas on the Owner’s property outside of the rented area without the Owner’s express consent.

12. Incentive, Recognition, and Loyalty Programs

If you are a Renter, and if you enter into an agreement to rent a Owner’s property through the Service, you also agree to:

  • 12.1 Generally. USS may offer various incentive, recognition, and loyalty programs for Users of the Service to aid in marketing properties available via the Service. Such programs may distinguish certain properties or Users from others via the Service. However, in no way does USS endorse any User or other third party, or any service or offering (such as rental property) made available through the Service. Additionally, USS may, at its sole discretion, discontinue or modify any incentive, recognition or loyalty programs, or any related service (such as visible recognition of a given User or offering) at any time without prior notice. You are solely responsible for determining the identity and suitability of other Users and any properties or services made available by Users of the Service.

13. Third-Party Services and Linked Websites.

USS may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on USS with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

14. Termination of Use; Discontinuation and Modification of the Service.

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, USS, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account with at least 30 days’ prior notice by contacting customer service at support@stowthat.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination. USS, in its sole discretion, may take action to recover such outstanding fees in accordance with applicable local laws.

15. Privacy Policy; Additional Terms

  • 15.1 Privacy Policy. Please read the USS Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The USS Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

  • 15.2 Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 16 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

16. Modification of these Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such the modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.

17. Ownership; Proprietary Rights.

The Service is owned and operated by USS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by USS are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of USS or our third-party licensors. Except as expressly authorized by USS, you may not make use of the Materials. USS reserves all rights to the Materials not granted expressly in these Terms.

18. Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless USS and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "USS Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

19. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE USS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE USS ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE USS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH

THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

20. Limitation of Liability

IN NO EVENT WILL THE USS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE USS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF THE USS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO USS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.

ADDITIONALLY, BY USING THE SERVICE, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER(S) WHO CAUSED YOU HARM, AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY WHATSOEVER FROM USS WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21. Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and USS agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for the purpose of litigating all such disputes. We operate the Service from our offices in Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

22. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and USS regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and do not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 2, 6, and 8 through 24.

23. Dispute Resolution and Arbitration.

  • 23.1 Generally. In the interest of resolving disputes between you and USS in the most expedient and cost effective manner, you and USS agree that any and all disputes arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND USS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  • 23.2 Exceptions. Notwithstanding subsection 23.1, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

  • 23.3 Arbitrator. Any arbitration between you and USS will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by 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 USS.

  • 23.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). USS's address for Notice is: USS Space Solutions, Inc., 210 Summit Ave. East, Seattle, WA 98102. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or USS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or USS must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, USS will pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by USS in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000, whichever is greater.

  • 23.5 Fees. In the event that you commence arbitration in accordance with these Terms, USS will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in King County, Washington, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse USS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

  • 23.6 No Class Actions. YOU AND USS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and USS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

  • 23.7 Modifications. In the event that USS makes any future change to this arbitration provision (other than a change to USS's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to USS's address for Notice, in which case your account with USS will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

  • 23.8 Enforceability. If Subsection 23.6 is found to be unenforceable or if the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section 23 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to these Terms.

24. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

25. Contact Information. The Service is offered by Underutilized Space Solutions, Inc., located at 210 Summit Ave. East, Seattle, WA 98102. You may contact us by sending correspondence to the foregoing address or by emailing us at support@stowthat.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

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