Terms of Use
The following describes the
terms on which SpareFoot, Inc. ("SpareFoot") offers you access
to the SpareFoot.com Website (this "Website") and the services
offered on or through this Website. Before you may become a member of
SpareFoot.com, you must read and accept all of these Terms of Use and
the SpareFoot Privacy Policy.
Your use of SpareFoot.com is
expressly conditioned upon your accepting and agreeing to these terms
of use, all links thereto, and the SpareFoot.com privacy policy. Your
use of SpareFoot.com will be deemed to be acceptance of these Terms of
Use, all links thereto, and the SpareFoot.com Privacy Policy.
If these Terms of Use, all links thereto, and the SpareFoot.com Privacy Policy are not completely acceptable to you, please do not use this website.
This agreement may be updated
from time to time at the sole discretion of SpareFoot.
This Agreement is effective
September 20, 2008 and was most recently updated on February 6, 2009.
Limited Use
This site is owned and operated
by SpareFoot, Inc. All right, title and interest in and to the materials
provided on this site, including but not limited to information, documents,
logos, graphics, sounds and images are owned either by SpareFoot or by
its respective third party authors, developers or vendors. Except as
otherwise expressly provided by SpareFoot, none of the site content may
be copied, reproduced, republished, downloaded, uploaded, posted, displayed,
transmitted or distributed in any way and nothing on this site shall
be construed to confer any license under any of SpareFoot's intellectual
property rights, whether by estoppel, implication or otherwise. Any
rights not expressly granted herein are reserved by SpareFoot.
SpareFoot also has the right
to monitor, edit, and partially or totally delete any content found
in Listings, Applications, questions, discussions, forum posts, blog
comments or any other type of user submitted content not expressly mentioned
herein.
SpareFoot hereby grants you limited
permission to download, view, copy and print any Purchased Content solely
for your personal, informational and/or non-commercial use provided
that the SpareFoot copyright and trademark notice appearing below appears
in such Purchased Content. Except as permitted herein, Purchased Content
may not be reproduced, sold, licensed, transferred, modified, distributed,
transmitted, used to create derivative works from, published, displayed
or otherwise used or exploited for any purpose without the express written
permission of SpareFoot. The Purchased Content may not be used on any
other Internet Website. This permission terminates automatically without
notice if you breach any of the Terms or Condition.
Linking to this Website is permitted, provided that the link does not falsely imply or suggest that SpareFoot has endorsed or is affiliated with the linked Website.
SpareFoot reserves the right
to terminate the above authorization at any time in its sole discretion.
Prohibited Uses
You agree not to use this Website
for any prohibited purpose. The following are prohibited uses:
Violations of Law. You
are prohibited from using this Website to commit, or in connection with,
criminal or civil violations of federal, state, local, or international
laws, regulations, or other governmental requirements, or to infringe
the rights (including intellectual property, privacy and publicity rights)
of any person. We reserve the right to report any activity that may
violate any law or regulation to appropriate law enforcement officials,
regulators or other third parties, and we may do so without prior notice
to you.
Security Violations.
You are prohibited from violating, or attempting to violate, the security
of the Website. Any such violations may result in criminal and civil
liabilities to you. Examples of prohibited security violations include,
but are not limited to: (i) attempting to probe, scan, or test the vulnerability
of any system, subsystem or network related to the Website; and (ii)
tampering, hacking, modifying or otherwise corrupting or breaching security
or authentication measures.
Spam. You are prohibited
from using this Website in connection with spam. Spam includes, but
is not limited to, any of the following activities: (i) sending any
unsolicited e-mail that could be expected, in SpareFoot's sole discretion,
to provoke complaints; (ii) sending unsolicited e-mail without identifying
in the e-mail a clear and easy means to be excluded from receiving additional
e-mail from the originator of the e-mail; and (iii) sending e-mail that
does not accurately identify the sender, the sender's return address,
and the e-mail address of origin.
Framing. No one may
frame this Website or any portion thereof.
We reserve the right to determine,
in our sole discretion, whether you have used the Website in a prohibited
way. We will monitor the Website and, when we become aware that the
Website is being used for a prohibited purpose (or an attempt has been
made to do so), we will take any action we deem appropriate. We may
not notify you before we take action against you.
Fees and Services
Browsing this Website is free.
You must register on the site to list a space for rent (the "Lessor")
or to rent a space (the "Lessee"). Transaction fees will be
paid by the Lessor on all successful listings. See our Fees Page for more information. You are responsible
for paying all fees and applicable taxes associated with the site. Lessor's
credit cards stored on file will be charged when the Lessee confirms
their intent to rent. If your payment method fails or your account is
past due, we may collect fees owed using other collection mechanisms.
(This includes charging other payment methods on file with us, retaining
collection agencies and legal counsel.
We may from time to time offer
promotions that change our normal fee structure. If your listing is
created during a promotional period, you will be clearly notified of
the appropriate details during the listing process.
No Exchange of Contact
Information
From the moment of the online
publication of a Storage Listing until the moment the Lessor accepts
an application for that listing, the Lessor and the potential Lessee
cannot exchange (whether or not through the Site) their identity, their
contact information, the address of the Lessor, Lessee or storage location,
their fax or telephone numbers, email address or a web address.
Limitations of Liability
and Disclaimer
You will not hold SpareFoot responsible
for other users' actions or inactions, including things they post. You
acknowledge that SpareFoot is a person-to-person site that allows anyone
to offer for rent any storage space in any location. SpareFoot is not
involved in the actual transaction between the Lessor and the Lessee.
SpareFoot has no control over and does not guarantee the quality, safety
or legality of spaces advertised, the truth or accuracy of listings,
the ability of Lessors to lease the storage space, the ability of Lessees
to pay rent for the storage space or that a Lessor or Lessee will actually
complete a transaction.
In no event shall SpareFoot (and/or
its officers, directors, agents, subsidiaries, joint ventures and employees)
be liable for any indirect, punitive, special, incidental or consequential
damage (including but not limited to loss of business, revenue, profits,
use, data or other economic advantage), however such damage arises,
whether in an action of contract, negligence or other tortious action,
or arising out of or in connection with the use or inability to use
this site or materials available from this site, even if SpareFoot has
been previously advised of the possibility of such damage. If your use
of materials from this site results in the need for servicing, repair
or correction of equipment or data, you assume any costs thereof. Some
states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
If you have a dispute with
one or more users, you release SpareFoot (and its officers, directors,
agents, subsidiaries, joint ventures and employees) from 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.
If you are a California resident, you waive California Civil Code §
1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must have materially
affected his settlement with the debtor."
SpareFoot and its affiliates
will not be liable for any damages, injury or loss, including but not
limited to special, consequential or punitive damages, that result from
the use of (or the inability to use) this Website and its contents,
or a Website linked to this Website, including any damages or injury
caused by any failure of performance, error, omission, interruption,
defect, delay in operation, line failure, or other computer malfunction,
even if SpareFoot or an affiliate has been advised of the possibility
of such damages, injury or loss. SpareFoot and its affiliates also assume
no responsibility for any damages to, or viruses that may infect, your
computer system or other property as a result of your access to, use
of, or downloading of any material from, this Website.
SpareFoot.com and all materials
provided on SpareFoot.com are provided on an "as is" and "as
available" basis to the full extent permitted by law. SpareFoot expressly
disclaims all warranties of any kind, whether express or implied, and
including, but not limited to, the implied warranty of merchantability,
fitness for a particular purpose, title and non-infringement. SpareFoot
makes no warranty that: (i) SpareFoot.com or the materials provided will
meet your requirements, (ii) SpareFoot.com or the materials provided will
be available on an uninterrupted, timely, secure or error-free basis,
(iii) the results that may be obtained from the use of the site, or
any materials offered through the site, will be accurate or reliable
or (iv) the quality of any products, services, information, or other
material purchased or obtained by you through the site or in reliance
on the materials will meet your expectations. Any materials obtained
through the use of the site is done at your own discretion and at your
own risk. SpareFoot shall have no responsibility for any damage to your
computer system or loss of data that results from the download of any
content, materials, information or software.
You expressly agree that your
use of this Website is at your sole risk. SpareFoot does not warrant that
the information in this Website is accurate, reliable or correct, that
this Website will be available at any particular time or location, or
that the Website is free of viruses or other harmful components.
You acknowledge that the content
of this Website: (i) contains information available as of the publication
date, and SpareFoot has no obligation to update such content or to advise
you of any change in the data or statements therein; and (ii) is presented
by SpareFoot alone, and no other persons (including any SpareFoot affiliates)
are involved in the presentation. You acknowledge that you shall use
such content in a manner based upon your own determination and evaluation
of the information contained therein, and SpareFoot shall not be responsible
for such use.
Without limiting the generality
of the foregoing, you further acknowledge and agree that:
1. SpareFoot's role in the rental
of storage spaces is limited to publishing advertising provided by lessors
and providing a venue for communications about a property. SpareFoot is
not responsible for, and does not engage in, brokering, selling, purchasing,
exchanging, or leasing posted properties. SpareFoot does not purport to
broker transactions, even though may be licensed as a real estate broker
in a state or states. SpareFoot does not counsel lessors or lessees, show
properties, negotiate sales contracts, or hold a position of trust and
confidence, whether or not in connection with this Website. No brokerage
relationship or any agency or fiduciary relationship is intended to
be or shall be deemed to have been created between SpareFoot and any lessor
or lessee of a storage space. SpareFoot makes no representations about
properties advertised on this Website, about the lessors of such properties,
about the accuracy of information provided by such lessors, or about
the financial capabilities of prospective lessees. Prospective lessees
are advised to perform all due diligence before entering into a contract
to rent or lease storage space. Likewise, lessors are advised to perform
all due diligence on prospective lessees--such as legal credit or background
checks--prior to renting storage space to a lessee.
2. Neither SpareFoot nor any
of its employees are attorneys; SpareFoot is not a law firm. SpareFoot can
only provide self help services at your specific direction. SpareFoot
cannot represent you in court, advise you about your legal rights or
the law, or select legal forms for you. Although SpareFoot strives to
keep its legal documents accurate, current and up-to-date, due to rapid
changes in the law SpareFoot cannot guarantee that all the information
on the site is completely current. The law is different from jurisdiction
to jurisdiction, and is also subject to interpretation by different
courts. The law is a personal matter, and no general legal document
like the kind SpareFoot provides can fit every circumstance. Furthermore,
the legal information contained on this site is not legal advice and
is not guaranteed to be correct, complete or up-to-date. Therefore,
if you need legal advice for your specific problem, or if your specific
problem is too complex to be addressed by our tools, you should consult
a licensed attorney in your area.
This site is not intended to
create any attorney-client relationship, and by using SpareFoot, no attorney-client
relationship will be created with SpareFoot. Instead, you are representing
yourself in any legal matter you undertake through SpareFoot's legal document
service. SpareFoot is not a law firm, and the employees of SpareFoot are
not acting as your attorney. SpareFoot's legal document service is not
a substitute for the advice of an attorney. SpareFoot, Inc. is a registered
and bonded Legal Document Assistant, Registration #: LDA-367, Los Angeles
County (exp. 08/25/2010). SpareFoot cannot provide legal advice and can
only provide self-help services at your specific direction. SpareFoot
does not perform the legal services that an attorney performs.
Indemnification
You agree to defend, indemnify and hold harmless SpareFoot, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Website and/or any of the materials or information posted on, or made available through, this Website.
Linked Websites and Advertisements
This site may contain links
to websites controlled by parties other than SpareFoot. Unless expressly
indicated otherwise, SpareFoot is not responsible for and does not endorse,
approve, otherwise warrant the accuracy of any information or content,
or accept any responsibility for the availability, information, content,
products or services of those sites or any Internet web site accessed
from a third party site. Users should review the terms and conditions
of use and the privacy policy of the linked site, if any, before using
that site.
Advertisement banners and other
forms of advertising exist on the site. However, SpareFoot is not responsible
for the claims or representations made by any advertiser on the site,
nor is SpareFoot responsible for the products and services of advertisers
on the site. Furthermore, mere presence of an advertiser on the site
does not constitute an endorsement, approval or sponsorship of any advertiser
by SpareFoot in any respect unless expressly indicated otherwise.
Confidentiality
You agree to keep any rental
information accessed from the site absolutely confidential and not to
share or disclose the information contained on the site or login username
and password with any person or entity for any purpose. You will use
the information for the purposes of listing or locating storage for
your individual and personal use and will not use the information for
any other purpose including, but not limited to, soliciting property
management, scraping listings, relisting information and engaging in
the real estate investment business without the written consent of SpareFoot.
You further agree that the information is proprietary to SpareFoot and
that any misuse of the information is a breach of this agreement as
well as a violation of the federal and state laws governing trade secrets;
misuse is subject to prosecution by government authorities and monetary
recovery of damages by SpareFoot. SpareFoot maintains the right to suspend,
disable or terminate your membership for suspicious usage activity,
including concurrent login sessions, group usage, usage from a range
or variety of IP addresses, suspected non-personal use, corporate use
as well as abnormally high usage levels. SpareFoot is the exclusive arbiter
of types of usage that is deemed to be suspicious and warrants account
suspension, disablement or termination.
User's Age
By using the site, you certify
that you are an individual (i.e., not a corporation) and you are at
least 18 years of age. You also certify that you are legally permitted
to use the services and access the site, and you take full responsibility
for accessing the site and the site's content, and for the selection
and use of the site's services. Persons under 18 are not legally bound
by contracts, whether real estate or otherwise. Minors are not eligible
to use the site, and we ask that they do not submit any personal information
to us. However, SpareFoot accepts no obligation to ensure that its users
are over 18. The fact that a user has created a user id or login username
on SpareFoot.com does not guarantee or indicate that the user is over
18. All parties should ask to see valid identification before entering
into any contract.
Continuing Agreement
You Agree to these Terms of
Use and agree to comply with all applicable laws and regulations in
using SpareFoot.com. It is your responsibility to review the Terms of
Use periodically, and if at any time you find the Terms of Use unacceptable
or if you do not agree to the Terms of Use, you should not use the site.
The Terms of Use may be amended at any time by posting the amended Terms
of Use on its site. Therefore, each time you access SpareFoot.com, you
need to review the Terms of Use upon which access to and use of SpareFoot.com
is conditioned. By your continuing use of SpareFoot.com after changes
are posted, you will be deemed to have accepted such changes.
Miscellaneous
No agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement. SpareFoot reserves the right, in
its sole discretion, to suspend or terminate your access to the site
for any reason including, but not limited to, your breach of any of
the terms of this Agreement.
Privacy Policy
A complete statement of SpareFoot's
current Privacy Policy can be found by clicking
here. SpareFoot's
Privacy Policy is expressly incorporated into this Terms of Use agreement
by reference.
Unsolicited Submissions
or Information
SpareFoot does not want you to
submit confidential or proprietary information to it through this site.
All comments, feedback, information or material submitted to SpareFoot
through or in association with this site shall be considered non-confidential
and SpareFoot's property. By providing such submissions to SpareFoot you
hereby assign to SpareFoot, at no charge, all worldwide right, title and
interest in and to the submissions and any intellectual property rights
associated therewith. SpareFoot shall be free to use and/or disseminate
such submissions on an unrestricted basis for any purpose. You acknowledge
that you are responsible for the submissions that you provide, including
their legality, reliability, appropriateness, originality and content.
Inappropriate Content
and SpareFoot's Right To Remove Content
When accessing the SpareFoot.com
Website or using SpareFoot's services, you agree not to upload, download,
display, perform, transmit or otherwise distribute any Content that
(i) is libelous, defamatory, obscene, pornographic, abusive or threatening;
(ii) advocates or encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable
local, state, national or foreign law or regulation; or (iii) advertises
or otherwise solicits funds or is a solicitation for goods or services.
SpareFoot reserves the right to terminate or delete such material from
its servers. SpareFoot will cooperate fully with any law enforcement officials
or agencies in the investigation of any violation of these Terms of
Use or of any applicable laws. SpareFoot reserves the right to remove
any content from the site at any time, for any reason (including, but
not limited to, upon receipt of claims or allegations from third parties
or authorities relating to such content or if SpareFoot is concerned that
a user may have breached any of its obligations), or for no reason at
all.
Suspension or Termination
of Access
SpareFoot reserves the right, in its sole discretion, to suspend or terminate your access to the site for any reason including, but not limited to, your breach of these Terms of Use.
Governing Law, Forum and Venue
You agree that your use of
this Website, this Agreement and any disputes relating thereto shall
be governed in all respects by the laws of the State of California.
Any dispute relating to this Agreement shall be resolved solely in the
state or federal courts located in Los Angeles County in the State of
California.
Copyrights
All site design, text, graphics,
the selection and arrangement thereof, Copyright 2010 SpareFoot.com/SpareFoot,
Inc. ALL RIGHTS RESERVED.
Trademarks
"SpareFoot," "
SpareFoot.com," " SpareFoot, Inc.," "The Place for Space,"
the SpareFoot logo and all images and text, and all page headers, custom
graphics and button icons are service marks, trademarks, and/or trade
dress of SpareFoot. All other trademarks, product names and company names
or logos cited herein are the property of their respective owners, who
may or may not be affiliated with SpareFoot.
Acknowledgement
In consideration of being allowed
to use the site, you agree to be bound by the terms and conditions of
this agreement as set forth above. Use of the site in any manner shall
constitute your acceptance of this agreement and your assent to be legally
bound by this agreement. If you do not agree to be legally bound by
all the terms and conditions of this agreement, you are strictly prohibited
from accessing and/or using this site in any manner.
Last modified: February 6, 2009
