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 May 10,2010.

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 and reserving storage units for personal or business use is free. You must register on the site to list a space for rent. All individuals or companies that list space on SpareFoot.com are subject to SpareFoot's transaction fees ("Listers"). See our Fees Page for more information. You are responsible for paying all fees and applicable taxes associated with the site. Lister's credit cards or ACH stored on file will be charged after the reconciliation period (as defined below) at the beginning of each month. 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.)

The reconciliation period occurs after a monthly statement is delivered and lasts five (5) business days. During the reconciliation period, Listers may "dispute" any reservations generated by SpareFoot that failed to move in to a particular property. Disputes are initiated through the MySpareFoot account interface. SpareFoot shall review each dispute to verify that a Renter did not move-in, and then either approve or disapprove of the dispute before charging Lister's credit card or ACH on file.

All overdue payments are subject to SpareFoot's late payment penalty. Each month that a payment is overdue, a 20% late penalty will be applied to the cumulative outstanding balance.

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 makes a reservation, 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 © 2009 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: May 10, 2010