Important Notice: StoreAtMyHouse is currently in Beta mode, and so are these Terms and Conditions. You may use the website under the following draft verbiage, which is very close to our final offering. Please be aware that any transactions that take place between buyers and sellers are regulated between them, we simply facilitate listing and payment processing. Thank you.
TOPIQ LLC. (hereafter referred to as “ShareAtMyHouse.com”, “we”, “us”, or “our”) provides an online platform and, in the future, mobile application that connects Hosts who rent out Space to Renters (collectively, the “Services”). In this document, the terms “ShareAtMyHouse.com”, “we”, “our”, “us” refer to the ShareAtMyHouse.com Web Site and Application which are products of TOPIQ LLC. The terms “Service” or “Services” refer to any services we offer, including all ShareAtMyHouse.com mobile and web applications and other software (collectively, the “Application” or “App”), and the web site accessible at www.ShareAtMyHouse.com and associated content (collectively, the “Website”) as well as any and all marketing channels where Collective Content may be disseminated in ShareAtMyHouse.com’s sole discretion. The terms “You” or “Your” refer to the general users of the ShareAtMyHouse.com Service. The terms “Host” or “Hosting” refer to the act of storing a Renter’s items in accordance with the terms of the rental agreement as described herein. The terms “Rent” or “Renting” refer to the temporary lease of the Host’s Space in accordance with the terms of the rental agreement as described herein. The terms “Space” or “Listing” refers to the area of the Host’s property rented or offered for rental by a Host. The terms “Items”, “Stored Items” “Property” “Belongings” refer to the property of the Renter that is stored in the Host’s Space. The term “Booking” refers to a confirmed transaction between Host and Renter whereby renter stores their Property in a Host’s Space. “Member” means a person who completes ShareAtMyHouse.com’s account registration process, including, but not limited to Hosts and Renters, as described under “Account Registration” below. “ShareAtMyHouse.com Content” means all Content that ShareAtMyHouse.com makes available through the Site, App or Services, including any Content licensed from a third party, but excluding Member Content. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services. “Collective Content” means Member Content and ShareAtMyHouse.com Content. “Content” means text, graphics, images, software, audio, video, information or other materials. “Contents or Renter’s Items” refer to all items the Renter will store within or on the Host’s Space.
These Terms and Conditions are effective as of January, 2016. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Website (defined below) and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
2. Introduction, Conditions, Eligibility and Disclaimers
The purpose of our website, ShareAtMyHouse.com, (the “Website”) is to provide a marketplace to facilitate the posting and searching of residential or commercial properties that may be leased for the storage of items, such as general household items, business inventory, vehicles, or miscellaneous lawful, non-hazardous items. The space can be any real estate “space”, for example, basements, closets, garages, storage units, driveways, parking spots, etc. The details are uploaded by the Hosts so they can be seen by Renters who may enter into a transaction with the Hosts.
ShareAtMyHouse.com does not own any of the properties available for lease and is not responsible for any user created content that is posted on the Website. ShareAtMyHouse.com provides a marketplace for Hosts, property owners, storage providers, storage owners, homeowners, business owners, etc. (collectively, “Hosts”) to list their properties, which may be searched and leased by storage seekers, renters, property renters, storage renters, storage Renters, etc. (collectively, “Renters”). All final agreements, negotiations, contracts, fees, collections and other processes related to such leases are left to the sole discretion of Hosts and Renters.
Renters who are interested in a storage property must make a booking on the website. At such point, the website will automatically or manually generate a payment form through a third party, such as Stripe.com, Paypal.com or Braintree.com. Renter credit card and payment information will not be stored on the website. Host banking information will be transmitted via email to ShareAtMyHouse.com, it is up to the Host to ensure the information is transferred securely.
For any questions, Renters may engage the Hosts via an online form. ShareAtMyHouse.com will in turn create an email thread in which the Host and Renter may communicate, share information, request clarifications, request additional details, etc. ShareAtMyHouse.com’s staff will also assist Hosts and Renters with the rental process, help solve discrepancies when possible, ensure that these Terms and Conditions are being met, and may choose to offer any additional services that the Website’s users may be inclined to use, such as surveillance systems, truck rentals, moving companies, etc. In other words, neither the Renter nor the Host will have a private online conversation. This will be made clear in each communication.
Although ShareAtMyHouse.com aids its users by facilitating such rental transactions, it is ultimately the sole responsibility of each Host and Renter use sound judgment in engaging in transactions on the Website. Users may also have the option to opt into additional products or services, as suggested by ShareAtMyHouse.com. In any case where the Host wishes to end an agreement with the Renter, in most cases, they may end the transaction with a one month notice or move the Renter’s property to a commercial self-storage unit and must pay for one month’s rent, in accordance with the law. Please consult with a ShareAtMyHouse.com staff member who may assist you or consult an attorney for legal advice.
By reading these terms, both Renters and Hosts agree that ShareAtMyHouse.com is not a party to any agreements entered into between hosts and renters, nor is ShareAtMyHouse a real estate broker, real estate agent, insurer, or escrow agent. ShareAtMyHouse.com has no control over the conduct of hosts or renters and other users of the site, app, and services, and disclaims any and all liability.
Hosts or ShareAtMyHouse.com staff, with permission of the Hosts, will remove any suspicious, potentially hazardous or illegal listings or other user-posted material and shall ban any user at its sole discretion and without warning in order to ensure a healthy marketplace.
ShareAtMyHouse.com’s marketing team will, in some cases, use your postings in materials that will be used to promote the website and may advertise your public listings through publications or advertisements.
You acknowledge and agree that, by accessing or using this website, app, or services or by downloading or posting any content from or on the site, app, or through the services, or by referring others, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the website, app, or services. If you do not agree to these terms then you have no right to access or use the site, app, services, or collective content. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity, and its successors and assignors.
The Site, App and Services can be used to facilitate the listing and booking of Space. Such Spaces are included in Listings on the Site, App and Services by Hosts. You may view Listings as an unregistered visitor to the Site, App and Services; however, if you wish to book a Space or create a Listing, you must first become a Member by registering to create a ShareAtMyHouse.com Account (defined below). Both unregistered visitors and Members agree to be bound by all of the terms and conditions set forth herein.
The Site, App and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, App or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, App or Services you represent and warrant that you are 18 or older.
3. Account Set Up; Security and Passwords
In order to access and use some or a portion of the Website, you will be required to register with ShareAtMyHouse.com and to set up an account (your “Account”). To set up your Account, we need certain information about you, including your email address and a password, to create your account (collectively “Account Data”). Please keep your Account Data accurate, current, and secure at all times. You may update your Account Data any time by logging in to your account at ShareAtMyHouse.com. You consent to our collection and use of your Account Data.
You are solely responsible for maintaining the confidentiality of your password, Account and Account Data and for any and all statements made and acts or omissions that occur through the use of your password and Account. Therefore, you must take steps to ensure that others do not gain access to your password and Account. You may not transfer or share your Account or Account Data with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your Account or Account Data.
You agree to use a unique password for this website that will not compromise other account passwords and will not include personal information such as social security numbers or any other potentially harmful information as ShareAtMyHouse.com will do their best to ensure the website is secure but will not be made responsible for hacking or data leaks caused by cyber criminals.
4. Pricing Guarantee
In order to make the ShareAtMyHouse.com marketplace and community a success, Hosts will be suggested to price their storage property at between 40% to 60%, or below the current average commercial self-storage market pricing. In order to determine the current pricing and to avoid listing delays, Hosts are encouraged to perform their search in order to determine what other self-storage providers in their area are charging for similar storage properties and shall offer their equivalent space at a minimum of 70% or below the market value. ShareAtMyHouse.com’s staff will review and validate all prices listed by Hosts. The goal is to be able to offer renters non-guaranteed average of 50% pricing in comparison to commercial self-storage units.
ShareAtMyHouse.com will review the ongoing market prices for commercial self-storage units periodically and will make suggestions to Hosts as needed.
5. Your Conduct on Our Site
As a condition of your use of our Website, you agree that your use of the Website will, at all times comply with the terms of these Terms and Conditions and all applicable laws.
BY USING THE WEBSITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms and Conditions:
- Attempting to, or actually accessing data not intended for you, such as logging into an account which you are not authorized to access;
- Tampering or interfering with the proper functioning of any part, page or area of the Website;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Website, or attempts at hacking, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Website;
- Using the Website or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with us;
- Using the Website or any of its resources to solicit Website users or advertisers to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with us;
- Using any information from the Website for any commercial purpose, including, but not limited to, marketing;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our infrastructure (as determined in our sole discretion);
- Posting any content that may be false or misleading;
- Posting any content or information that may infringe on a third party’s intellectual property right, including, but not limited to any trade secret, trademark, copyright or patent;
- Harvest or otherwise collect information about other users, including email addresses, without their consent;
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Make payments, or request any payments to be made, to users of the Website outside of com’s billing processing system;
- Otherwise violate any law, these Terms and Conditions or any other applicable law, regulation, or rule.
If you discover or suspect any violation of the above terms, please use our flagging system to tell us about any problems or offensive content so that we can keep our Website working properly. We may limit or terminate any of our services, remove content, and take technical or legal steps to keep users off our Website that are violating our Terms and Conditions, creating problems for other users, or acting in violation with the letter or spirit of our policies or any applicable laws.
ShareAtMyHouse.com makes no claims or guarantees on behalf of Hosts or Renters and will not be made responsible or liable for any user-generated content listed by Hosts or Renters on the Website. We also reserve the right to change or remove any content or materials you post on the Website at any time without notice to you.
ShareAtMyHouse.com does in not endorse any Host, Renter or storage property on the Website or in its electronic communications (e.g. emails). Hosts and Renters who enter into lease agreements must use their own judgment and do so at their own risk.
6. Host Responsibilities and Obligations
All Hosts are responsible for:
- Truthfully disclosing any relevant property details to Renters and on their ShareAtMyHouse.com listing to the best of their knowledge;
- Providing Renters and ShareAtMyHouse.com, during the leasing process, with a full description and complete disclosure of any information relevant their storage property, including, but not limited to, any pending claims, issues, liens, future moves, future sales, future rentals, future leases, etc.;
- Reviewing the contents of items stored at their storage property and for ensuring that the list of stored items is kept up-to-date;
- Fully reviewing any legal contracts or agreements entered into with Renters (however, such contracts or agreements do not constitute any legal contract with ShareAtMyHouse.com);
- Taking photos of their storage property prior to listing such property on the Website so that Renters may view its condition before entering into a lease agreement with Hosts;
- Fully describing the physical boundaries and limitations of the storage space, either in writing, with blueprints or in photos;
- Giving Renters the opportunity to review such photos, descriptions or blueprints, which may be done via email through the ShareAtMyHouse.com support system for documentation purposes;
- Keeping the storage property and surrounding areas in good and safe order;
- Reporting any changes to their contractual rights or physical changes to any of the listed storage properties to both Renters and ShareAtMyHouse.com;
- Emailing a photo or scanned copy of all signed lease agreements, ID (driver’s license) of both Host and Renter, and digital photos of the storage property to contract@ShareAtMyHouse.com. Such documentation may be provided by ShareAtMyHouse.com upon written request from Hosts, Renters or their legal representatives;
- Hosts who renters their listed storage property, must fully disclose their existing lease to Renters and must obtain the permission from the storage property owner before subleasing out any space for storage on the Website. In the event of the Host’s lease is expiring or changing, they must notify their Renter(s) and ShareAtMyHouse.com immediately in writing and must provide a timeline, along with any assistance needed for the relocation or retrieval of stored items if it causes a significant disruption for their Renters.
7. Renter Responsibilities and Obligations
All Renters are responsible for:
- Ensuring that the Host’s property is in an acceptable condition as advertised on ShareAtMyHouse.com;
- Fully reviewing any legal contracts or agreements entered into with Hosts (however, such contracts or agreements do not constitute any legal contract with ShareAtMyHouse.com);
- Disclosing the contents of the items stored at the storage property in an itemized list to both their Host and ShareAtMyHouse.com;
- Not storing any unlawful, perishable, organic, flammable, or dangerous items, such as, but not limited to, explosives, weapons, illicit drugs, legal drugs, alcohol, gasoline, diesel, solvents, chemicals, led products, helium, hydrogen, radioactive items, sharp objects, knives, swords, ammunition, pornography of any kind, matches, animals, food, plants, trees, soil, tobacco, jewelry, cash, irreplaceable legal documents, heirlooms or personal valuables, etc.;
- Adhering to their Host’s agreed upon contractual schedule for access to the storage property;
- Allowing the Host, legal authorities (e.g. police, paramedics, firefighters, FBI, etc.), or a ShareAtMyHouse.com representative to perform inspections of their stored items at any given time without prior authorization from the Renter;
- Not placing any private locks or other mechanisms that prevent Host’s access to the storage property. In the event of a lockout, the Host has the right to remove any locks or mechanisms and Renter will be responsible for any fees incurred;
- Providing valid identification to the Host upon request. Such documentation may be provided by ShareAtMyHouse.com upon written request from Hosts, Renters or their legal representatives;
- Keeping their stored items in a neat and clean order;
- Not causing any damage to the Host’s property and if Renter does cause any damage, Renter shall be solely responsible for any costs for repair or replacement;
- Providing a security deposit when required;
- Paying rent in a timely fashion and for making any penalty payments on time;
- Disclosing to ShareAtMyHouse.com and the Host, in writing, a list of the contents or items that are being stored, along with their reasonable market value;
8. Lease Agreement
We require that all Hosts and Renters who use ShareAtMyHouse.com must use our lease agreement template in order to take advantage of our pricing and other limited protections for our users. Users who choose to use their own lease agreement will forfeit any such assistance or limited protections. In addition, users who circumvent the ShareAtMyHouse.com billing process may be banned from using this service. Users may not use this service as a means to circumvent the Billing or Agreement. If two users wish to make changes to their lease agreement but continue to use ShareAtMyHouse.com’s service, they may approach customer service for additional information or for modifications.
The use of ShareAtMyHouse.com’s rental agreement between Hosts and Renters DOES NOT CONSTITUTE A LEGAL AGREEMENT between either the Host or Renter with ShareAtMyHouse.com. It is the sole responsibility of Hosts and Renters to review and execute the lease agreement.
In the event of any disagreements, disputes or breach of contract, you must first attempt to resolve the issue directly with the applicable Host or Renter. In the event that you are unable to resolve the issue, you may contact the local authorities, choose to participate in ShareAtMyHouse.com’s paid mediation services, or take the applicable Host or Renter to the appropriate local court, preferably in the city in which such party resides.
Any type of litigation or third party mediation/arbitration activity between Hosts and Renters must be performed between the Hosts and Renters directly via the American Arbitration Association, unless both Host and Renter agree to use a different service within 7 days of the arbitration request. All payments made to Hosts or Renters will be paid by the initiator of the arbitration request who may seek reimbursement through arbitration. ShareAtMyHouse.com will not be required to provide testimony or assistance in any court on behalf of any user, unless required by a court of law. Any such testimony will be provided in digital format or via teleconference.
Upon request from either a Host, Renter or their legal representative, ShareAtMyHouse.com may provide an impartial record, which may include, if available, history of transactions, documents, IDs, communications, and listings of the storage properties in question if they are available on ShareAtMyHouse.com’s servers.
If you pursue any indemnification from ShareAtMyHouse.com, you agree that the amount of such indemnification request shall not exceed Five Hundred Dollars ($500.00) USD.
Payment Processing System:
- Hosts agree to use ShareAtMyHouse.com’s payment processing services for billing their tenants. Any circumvention on behalf of the Tenant or Host may be subject to immediate termination and a violation of these terms of services. Users are required to report requests for circumvention. Users who engage in circumvention will be banned from the website.
- com will act as a payment-processing provider and will charge Tenants on behalf of the Host; however, this does not mean legal representation or property ownership on behalf of the Tenant or Host. The process is as follows:
- Hosts will submit their property information along with pricing and discounts.
- Renters will be able to search and book a property based on the price set by the Host or may request a further discount by communicating with the Host.
- Upon agreement, ShareAtMyHouse.com will, through a third party payment processing company, process a credit card transaction and charge the Renter the agreed upon price.
- Hosts will be notified that funds are available for withdrawal within 30 days of each transaction to provide enough time for any type of dispute resolution or mistakes on behalf of either the Host or the Renter.
- Payment and billing processing fees may vary based on customer feedback. Initially, Hosts will pay a 15% fee for using our service, which will be automatically deducted from disbursements. It is however possible that this fee may be split between the Host and Renter in the future.
Hosts will have to manually request payment disbursements from ShareAtMyHouse.com. Disbursements may take up to 15 business days to process and must be done within 30 days of processing the payment.
Any termination of contracts, breach of contracts, disputes, must be immediately reported to ShareAtMyHouse.com’s staff in order to stop automatic billing payments.
- Tenants are required to request refunds when possible and avoid using chargebacks on their credit cards. On the event of a chargeback, the Host will be responsible for the fees. Chargebacks are one type fee of $15.
- Any refund requests made by a Tenant will be honored, if unanswered by the Host, within 30 days. There will be no refunds beyond 30 days. Host will not receive the refunded amount and is responsible for resolving the issue directly with the Tenant, though ShareAtMyHouse.com’s may assist in clarifying in simpler cases. If any refunds must be made beyond 30 days, the Host must make arrangements to pay the tenant directly and vice versa.
- Neither Host or Renter will interact with the payment processors that work with ShareAtMyHouse.com. Any inquiries must be addressed through ShareAtMyHouse.com’s support system.
- ShareAtMyHouse is not responsible for lack of payments, underpayments, overpayments, late payments, owed payments, etc. The Host assumes responsibility for all missed payments.
ShareAtMyHouse.com reserves the right, in its sole discretion, to modify the Site, App, or Services or to modify these Terms, including the Service Fees (defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site, or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, App or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, App and Services.
Rental property storage monthly fees:
- com’s Price Guarantee requires Hosts to list their property at or below 50% – 70% of the current median self-storage pricing in the Host’s area. Hosts will be notified by ShareAtMyHouse.com if they exceed this fee before their properties are listed.
- However, the final monthly fees are negotiable and are untimely within discretion of Hosts and Renters.
- Any monthly fees must be explicitly agreed to in writing using the ShareAtMyHouse.com supplied lease agreement.
- If a separate agreement is used, ShareAtMyHouse.com will not be able to generate a proper set of documentation if required at a later point for dispute resolution and customer support may be limited or not provided.
ShareAtMyHouse.com listing fees
- com is currently free for any basic listing. A free listing will not be switched to a paid listing in the future, unless it is removed and re-added by either the Host or at ShareAtMyHouse.com’s discretion.
- Featured listings are optional and cost $35. Featured listings may not always result in the top results; however, they are given priority over other properties according to the most up to date Website algorithm. There are no guarantees or refunds on featured listings.
- Commercial self-storage locations may list their properties on ShareAtMyHouse.com; however, their fees will be $99 per month and these storage providers will not be required to adhere to the ShareAtMyHouse.com 40%-70% pricing guarantee.
- Upon customer action, ShareAtMyHouse.com may refer its customers to third party services and, as such, is not responsible for the final services provided to them.
- Any tenant unresolved credit card chargebacks will be billed directly to the Host at a set fee of $15 per chargeback.
- Host and Renters assume all responsibility for unpaid monthly rent. ShareAtMyHouse.com will not reimburse Hosts or Tenants for any failure to pay, discrepancies, fraud, theft, etc.
11. Taxes & Zoning Laws
Hosts agree to review their own country, state and city tax and zoning codes and to make adjustments in their billing structure prior to submitting their property to ShareAtMyHouse.com. ShareAtMyHouse.com will process payments as indicated by the Host. ShareAtMyHouse will not calculate the taxes on behalf of each Host as the fees vary greatly from state to state and from city to city.
12. Customer Support
ShareAtMyHouse.com will provide limited support to Hosts and Renters with uploading, editing and deleting properties; answering general questions regarding the marketplace terms; e-signature and e-notary services; and video surveillance systems. ShareAtMyHouse.com will directly support customers with billing questions, chargebacks, disbursement, fees, and claims.
13. Guarantees, Liability, and Insurance
ShareAtMyHouse.com does not currently offer any property, damage, misconduct, risk, liability, or any kind of insurance or guarantees to either Hosts or Renters. Hosts and Renters are encouraged to review their existing insurance policies cover their property and building structures for losses.
ShareAtMyHouse.com is a marketplace that facilitates the listing of properties (similar to Craigslist.org’s real estate section) and does not take responsibility for Host or Tenant property, interactions, physical structures, etc.
Any engagements between the Hosts and Renters will be at their sole discretion. ShareAtMyHouse.com encourages Hosts and Renters to engage in safe behavior when doing business with each other. ShareAtMyHouse.com does not represent either Host or Renter and as a marketplace provider is not responsible for potential theft, bodily harm, disputes, accidents, disagreements, loss of property, damage to structures, etc. All physical transactions take place outside of the service provided by ShareAtMyHouse.com.
ShareAtMyHouse.com’s does not cover Renters for theft of goods stored at Host’s property. However, ShareAtMyHouse.com protects Renters from the risk of theft in several limited ways. First, in the event of loss of your property due to a burglary or theft of your goods, contact ShareAtMyHouse.com immediately and we will assist you in determining the proper course of action. If the theft was the result of Host’s negligence, as determined under the standard rules of Bailment, and is not covered by Renter’s insurance, ShareAtMyHouse.com reserves the right in its sole discretion to demand, on Renter’s behalf, reimbursement from Host for the fair value of Renter’s lost property. ShareAtMyHouse.com disclaims any and all bailment obligations. More information about Bailment Law can be found here: https://legal-dictionary.thefreedictionary.com/bailment
In the event that ShareAtMyHouse.com is unable to obtain compensation from Host, ShareAtMyHouse.com reserves the right to pay Renter’s loss, up to the amount of rent paid to Host, such amount and terms of payment to be determined in ShareAtMyHouse.com’s sole discretion. Such payment is never obligated; rather, any reimbursement to Renter shall be determined in good faith. ShareAtMyHouse.com may then seek reimbursement from Host. Second, ShareAtMyHouse.com verifies SNS and contact information of Host and Renter. Third, Hosts and Renters rate and review each other, and if a complaint is lodged, ShareAtMyHouse.com reserves rights to terminate membership, in its sole discretion, or to furnish such information to other shared service businesses.
ShareAtMyHouse.com recommends that Hosts check their homeowners or renters insurance policies or speak to their agents to verify that their coverage includes damage to Host’s property caused by an invited guest (such as a Renter) entering or exiting the Host’s Space, or otherwise caused by the property being stored. If such coverage is not afforded by your policy, or if Host seeks additional protection, ShareAtMyHouse.com recommends that Hosts charge a security deposit, as provided in the rental agreement set forth in the Site, App and Services. ShareAtMyHouse.com’s Renter Guarantee does not extend to property of Hosts.
Renter agrees that the use of the Space is at Renter’s sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Renter’s property, Host shall have no liability to Renter or Renter’s invitees for any personal or bodily ShareAtMyHouse.com except in the event of Host’s gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims or causes of action Renter may have against Host, in the event of personal or bodily ShareAtMyHouse.com to Renter or Renter’s invitees, except as a result of Host’s gross negligence or willful misconduct.
14. Host Remedy in Renter Default
If Renter is in “default,” Host shall take reasonable steps to notify Renter of such default, and provide Renter a reasonable opportunity to cure such default. If Renter fails to cure such default, after receiving such notice and opportunity to cure, Host may exercise one or more of the following remedies:
(a) Deny Renter access to the Space or Renter’s property until default is cured;
(b) Terminate Renter’s Booking by giving Renter three (3) days’ notice to vacate; and if Renter fails to vacate and Host files an eviction lawsuit, Renter will pay Host’s attorneys’ fees and court costs plus a reasonable judicial eviction charge for Host’s time, inconvenience and overhead for filing the eviction suit;
(c) Collect charges as appropriate and exercise any other remedy allowed by law; and/or
(d) Enforce Host’s lien by seizure and sale of all contents in the Space by nonjudicial foreclosure under the Host’s local and state codes.
Seizure and sale will only be for default in paying sums due to Host. Host may accept partial payments but only payments in full, including applicable fees, will stop a lien sale.
(e) After seizure, any attempt to reclaim the seized property by Renter without paying in full the sums due Host, including applicable fees, may result in Host pursuing prosecution for such act.
(f) ShareAtMyHouse.com will not be engaged further and Host must contact legal advice in their locality to determine what steps must be taken with the Renter’s property. Most states and cities have different codes of laws with seized property.
ShareAtMyHouse.com is not responsible for any theft, property or any other type of damage caused by Hosts or Renters. Any of these claims must be processed through the appropriate authorities or insurance policies.
Intentional, non-intentional or accidental damages caused by Hosts or Renters must be settled without the intervention or assistance of ShareAtMyHouse.com.
16. User Conduct
In connection with your use of our Site, App and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, App, Services or Content;
- use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, App, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, App or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, App, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a ShareAtMyHouse.com Renter or Host;
- offer, as a Host, any Space that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Space as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
- register for more than one ShareAtMyHouse.com Account or register for a ShareAtMyHouse.com Account on behalf of an individual other than yourself;
- contact a Host for any purpose other than asking a question related to a booking, such Host’s Space or Listings;
- contact a Renter for any purpose other than asking a question related to a booking or such Renter’s use of the Site, App and Services;
- when acting as a Renter or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to ShareAtMyHouse.com, without ShareAtMyHouse.com’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, App or Services;
- use the Site, App and Services to find a Host or Renter and then complete a booking of a Space transaction independent of the Site, App or Services in order to circumvent the obligation to pay any Service Fees related to ShareAtMyHouse.com’s provision of the Services;
- as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, App, or any individual element within the Site, App or Services, ShareAtMyHouse.com’s name, any ShareAtMyHouse.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ShareAtMyHouse.com’s express written consent;
- access, tamper with, or use non-public areas of the Site, App, ShareAtMyHouse.com’s computer systems, or the technical delivery systems of ShareAtMyHouse.com’s providers;
- attempt to probe, scan, or test the vulnerability of any ShareAtMyHouse.com system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ShareAtMyHouse.com or any of ShareAtMyHouse.com’s providers or any other third party (including another user) to protect the Site, App, Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, App, Services or Collective Content; or advocate,encourage, or assist any third party in doing any of the foregoing.
17. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and collective content, your listing or booking of any space via the site and services, and any contact you have with other users of ShareAtMyHouse.com whether in person or online remains with you. Neither ShareAtMyHouse.com nor any other party involved in creating, producing, or delivering the site, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, services or collective content, from any communications, interactions or meetings with other users of the site, or services or other persons with whom you communicate or interact as a result of your use of the site, services or from your listing or booking of any space via the site and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not ShareAtMyHouse.com has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable hosts pursuant to these terms or an approved payment request under the ShareAtMyHouse.com host guarantee, in no event will ShareAtMyHouse.com’s aggregate liability arising out of or in connection with these terms and your use of the site and services including, but not limited to, from your listing or booking of any space via the site and services, or from the use of or inability to use the site, services, or collective content and in connection with any space or interactions with any other members, exceed the amounts you have paid or owe for bookings via the site and services as a renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a host, the amounts paid by ShareAtMyHouse.com to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ShareAtMyHouse.com and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold ShareAtMyHouse.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(a) your access to or use of the site, app, services, or collective content or your violation of these terms;
(b) your member content;
(c) any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any space by you; and
(d) your (i) interaction with any member, (ii) booking of a space, (iii) creation of a listing or (iv) the use, condition or rental of a space by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a space.
19. Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, App and Services, you hereby grant to ShareAtMyHouse.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, though, or by means of the Site, App and Services. ShareAtMyHouse.com does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to ShareAtMyHouse.com the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or ShareAtMyHouse.com’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
20. Breach and Terminations
Contracts may be terminated between Hosts and Renters as stipulated in their contract. Any breach of contract must be resolved in accordance to the legal section of this document.
Any violations of this contract either by Hosts or Renters must be reported to support@ShareAtMyHouse.com.
All notices to shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@ShareAtMyHouse.com by email.
StoreAtMyHouse reserves its right to place sample spaces throughout the website to test and monitor user behavior. Such spaces will receive a response indicating that it has already been booked and is unavailable.