SpareFoot Terms and Conditions
Thanks for booking your storage unit with SpareFoot!
Transaction Terms and Conditions between Customer and SPAREFOOT
SPAREFOOT, Inc. ("SPAREFOOT") has arranged for exclusive rental rates for certain self storage Unit(s) ("Unit(s)") and is offering those exclusive rates to its customers ("You" or "Your") when You make Your reservations ("Reservations") through SPAREFOOT. This program is being offered to You conditioned upon Your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). To the extent You initiate Reservations through SPAREFOOT, You acknowledge that this Agreement shall apply to all such transactions and agree to said Terms and Conditions. We reserve the right to change or otherwise modify the Agreement without prior notice at any time, and Your Reservations signify Your acceptance of any such Terms and Conditions.
SPAREFOOT Regular Monthly Rental Rate
After you sign the rental agreement with the facility, SPAREFOOT will then charge your credit card for each and every consecutive month that you remain a tenant at the self storage facility at the regular monthly rental rate ("Regular Monthly Rental Rate") as displayed for that Unit(s) by SPAREFOOT and in accordance with the terms and conditions of your rental agreement for the rented Unit(s). The monthly charge will include the regular Monthly Rental Rate and any applicable taxes, fees and premiums that are agreed to by You under your rental agreement with the self storage facility.
Upon submitting your Reservation request through this Website, you authorize SPAREFOOT to facilitate the Reservations for the Unit(s) on your behalf and you agree that your credit card will be charged by SPAREFOOT as set forth above for the Regular Monthly Rental Rate should you continue your rental of the Unit(s). You agree and understand that the Regular Monthly Rental Rate or other fees and charges may be adjusted upon 30 days notice to You. We may communicate changes to you electronically via email, through the SPAREFOOT website or other means.
The Facility Rental Agreement
Separate terms and conditions will apply to Your rental of your Unit(s) in accordance with the Rental Agreement, Occupancy Agreement or Lease Agreement ("Rental Agreement") that you sign with the self storage facility. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions imposed by the self storage facility with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the facility's rules and regulations.
We reserve the right not to Reserve your Unit(s) if you do not provide the information requested as part of the Reservation on this Website. You also understand that any violation of any terms and conditions of the Rental Agreement may result in termination of your tenancy at the self storage facility in your being denied access to your personal property stored at the self storage facility. You also understand that non-payment of your monthly charges may result in late fee and other charges and the eventual public or private sale of your stored property in the Units pursuant to applicable law.
Agreement between SPAREFOOT and the Storage Facilities
You acknowledge that SPAREFOOT pre-negotiates certain rental rates with self storage facilities to facilitate the booking of Reservations on your behalf. The rental rates displayed on the Website is a combination of the pre-negotiated rental rates for Unit(s) reserved on Your behalf by SPAREFOOT and an amount retained by SPAREFOOT to compensate us for our services. You authorize SPAREFOOT to book Reservations for the rental rates displayed on the Website.
By making a Reservation for a storage Unit(s) through SPAREFOOT, you will be providing your contact and credit card information. If you become a tenant at the facility, you will be charged the Regular Monthly Rental Rate plus other applicable taxes, fees and charges pursuant to the terms of your rental agreement with the storage facility. You agree NOT to pay the self storage facility for multiple months in advance at the time of executing Your rental agreement. You also agree NOT to execute a monthly auto pay agreement with the self storage facility. You agree and acknowledge that SPAREFOOT has the right to charge your credit card for all monthly rentals at the self storage facility. However, SPAREFOOT reserves the right to assign the collection of the monthly rental to the self storage facility where the Unit(s) is located.
Waiver of Liability
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, SPAREFOOT, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "SPAREFOOT COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE RENTAL UNITS DISPLAYED ON THIS WEBSITE. IN ADDITION, SPAREFOOT EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION.
THE SPAREFOOT COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE SPAREFOOT COMPANIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE SPAREFOOT COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE SPAREFOOT COMPANIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SPAREFOOT COMPANIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE SPAREFOOT COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SELF STORAGE FACILITY OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE SPAREFOOT COMPANIES WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL. IN NO EVENT SHALL THE SPAREFOOT COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
IF, DESPITE THE LIMITATIONS ABOVE, THE SPAREFOOT COMPANIES ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE SPAREFOOT COMPANIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE TRANSACTION FEES ASSESSED FOR YOUR TRANSACTIONS ON THIS WEBSITE, OR (B) ONE-HUNDRED DOLLARS (US$100.00). THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF THE SPAREFOOT COMPANIES.
You agree to defend and indemnify SPAREFOOT and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of this Agreement or the documents referenced herein; (b) your violation of any law or the rights of a third party; or (c) your use of this Website.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire transaction agreement between you and SPAREFOOT. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect. Any rights not expressly granted herein are reserved. SPAREFOOT may modify any of the terms and conditions governing the Program with or without notice. We may communicate changes to you electronically via email, through the SPAREFOOT website or other means.