1. Introduction

XS Spaces is an online platform to connect Owners of Space with Renters, for the purpose of Storage, as detailed below.

Peak 10 Technologies, Inc., 2018. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION CONTAINED IN THESE TERMS. PLEASE READ IT CAREFULLY.

2. Key Definitions

Note
Key definitions are ordered alphabetically.
Collective Content

All content related to XS Spaces; on the Site and other publications related to the Services, contributed by XS Spaces, users of the Site and Services, or others.

Goods

Objects that are transferred into Storage, such as movable property, personal items, vehicles.

Inconvenience Fees

Fees charged for inconveniences, such as late cancellation.

Listing

Post on the Site, offering a Space for the Storage of Goods.

Member

Person that uses the Site, whether an Owner, a Renter, or anyone else who registers on the Site.

Member Content

All content made available through the Site and Services by a Member.

Owner

Person engaging in the safekeeping of a Renter’s Goods in an agreed upon Space that they operate, in return for an agreed upon payment from the Renter.

Processing Fees

Fees charged to cover the handling cost of credit card payments and other banking costs.

Rental Agreement

Agreement between Owner and Renter that governs Storage, in addition to the Terms of Service.

Renter

Person transfering Goods that are not being used to the Owner in exchange for an agreed upon payment to the Owner.

Reservation

Period of time, possibly in the future, for which Renter and Owner intend to enter into a Rental Agreement for Storage. A reservation has a specified start date. It may have a specified end date, or be indefinite

Service Fees

Fees charged for the operation of the Site and Services by XS Spaces.

Services

Any (other) services offered by XS Spaces.

Site

Internet application or website offered by XS Spaces to facilitate Storage.

Space

Physical area operated by the Owner that is offered for rental.

Storage

Where Renter transfers Goods that are not being used to the Owner for safekeeping in an agreed upon Space in exchange for an agreed upon payment.

Terms

These Terms of Service.

XS Spaces

Business venture of Peak 10 Technologies, Inc., an Oregon corporation, dba XS Spaces, that offers and operates the Site and Services.

3. Agreement to Terms

3.1.

By using the Site or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a Member, or other registered user of the Services. These Terms govern your access to and use of the Site and Collective Content (defined below), which constitute a binding legal agreement between you and XS Spaces. If you do agree to these Terms, you also accept the terms and conditions of the Rental Agreement, once a Reservation between a Renter and Owner comes into effect. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site or Collective Content. Unauthorized or improper use of the Services or a violation of the terms set forth herein may result in your being banned from XS Spaces or other shared service business and may subject you to civil liability and/or criminal penalties.

4. Membership

4.1.

You must be at least eighteen (18) years of age to be permitted use of the Site and Services.

4.2.

In order to use the Site and Services (such as create Listings or rent Spaces), you must create an account and become a Member.

4.3.

You are responsible for creating and safeguarding your password. You must not share your password with anyone.

4.4.

You are and will be solely responsible for all of the activity that occurs through your account.

4.5.

You must inform XS Spaces of any unauthorized access to your account. XS Spaces is not responsible for your failure to comply with this clause or for any delay in shutting down or protecting your account after you have reported unauthorized access to us.

4.6.

XS Spaces reserves the right to check background, credit history, and/or criminal history of Members, and refuse to allow them use of the Site and Services upon receipt of such information.

4.7.

XS Spaces reserves the right to terminate or disable any account, Listing, Reservation or Rental Agreement at discretion of XS Spaces and without liability to you, with or without cause, with or without prior notice, at any time.

4.8.

You must keep the information you have provided to XS Spaces up to date, such as changes to personal information, payment information and Listings.

5. Relationship

5.1.

XS Spaces is responsible for:

5.2.

XS Spaces DOES NOT:

  • Own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties.

  • Register as a real estate broker.

  • Become party to any Rental Agreements for Storage between Owners and Renters.

5.3.

Owners and Renters are independent operators and are in no way employed by XS Spaces and cannot enter into agreements or represent XS Spaces, its partners, subsidiaries or affiliates in any way.

5.4.

XS Spaces is not liable for any damages to Goods, Spaces or other property of Owners or Renters, that occur at any time.

6. Rental Agreement

6.1.

When you reserve a Space as a Renter, or you accept a Reservation as an Owner, you accept and agree to the Rental Agreement (in full: “XS Spaces — Rental Agreement”). The Rental Agreement is a legal and binding agreement between Owner and Renter. XS Spaces is not party to the Rental Agreement. The Rental Agreement governs each Storage transaction. You must abide by the Rental Agreement. Failure to do so can result in the termination of Reservation, forfeiture of all funds paid, levying of additional fees, termination of your account on the Site and Services, and/or other actions laid out in the Rental Agreement.

6.2.

The Rental Agreement goes into effect after both the Renter submits the Reservation and is successfully charged the fees for the first whole week of Storage, this can typically happen through the Site. At this time the Renter and Owner enter into the Rental Agreement. They automatically accept the Rental Agreement as a consequence of their (previous) acceptance of these Terms. Both the Owner and the Renter have rights to cancellation and refunds under the Rental Agreement as described below.

7. Cancellations and Refunds

7.1.

An Owner or Renter may cancel a Reservation and thus Rental Agreement without penalty up to seven (7) full days before midnight beginning the scheduled start date. The Renter will be refunded any amount already paid less any Transaction Fees.

7.2.

An Owner may cancel a Reservation and thus Rental Agreement within seven (7) full days before midnight beginning the scheduled start date, in which case the Owner will be charged an Inconvenience Fee, as listed in a separate fee schedule, and which is distributed in part to the Renter and in part to XS Spaces, at the sole discretion of XS Spaces.

7.3.

A Renter may cancel a Reservation and thus Rental Agreement within seven (7) full days before midnight beginning the scheduled start date, in which case the Renter will be refunded any amount already paid less any service and transaction fees.

7.4.

An Owner or a Renter may cancel a Reservation and thus Rental Agreement within forty-eight (48) hours of a Reservation’s submission with no penalty regardless of when the rental start date is. The Renter will be refunded any amount already paid less any transaction fees.

7.5.

A notification of cancellation must be provided to XS Spaces and the opposite party in writing. This can happen through the Site.

Also see: “XS Spaces — Fee Schedule”.

8. Fees

8.1.

XS Spaces charges fees for the Site and Services. The various fees that could be incurred are listed in a separate fee schedule.

8.2.

XS Spaces reserves the right to charge or waive fees outlined in these Terms and a separate fee schedule at their discretion.

8.3.

You are responsible for paying all fees when they come due. You authorize XS Spaces to charge any payment methods or stored payment credentials associated with your account for all amounts due, including, but not limited to, rental fees, security deposits, processing fees, inconvenience fees, fines/penalties, deductibles, damages, and related administrative fees, and you furthermore represent and warrant that you have the right to make this authorization. You authorize XS Spaces to store your payment credentials for settlement of future balances.

8.4.

XS Spaces and its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel.

8.5.

You will be responsible for all of the costs relating to any citations and fines incurred during the rental period.

8.6.

Owners acknowledge that fees for rented Space will be directly deposited into their bank accounts, net of Service Fees and Processing Fees.

8.7.

As an Owner you must provide correct bank account information in order to create a Listing.

8.8.

You must understand and agree that you are solely responsible for determining your applicable tax reporting and collection requirements, in consultation with your own tax advisors. XS Spaces cannot and does not offer tax-related advice to any users of the Site and Services.

Also see: “XS Spaces — Fee Schedule”.

9. Prohibited Items

9.1.

AS A RENTER YOU MUST AGREE NOT TO USE THE SPACE FOR ANY UNLAWFUL PURPOSE. THE SPACE IS TO BE USED BY RENTER ONLY FOR STORAGE OF GOODS. USE OF THE SPACE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF GOODS, SUCH AS USE OF THE SPACE FOR WORK, RECREATION, DRUG USE, OR SEXUAL ACTIVITY IS EXPRESSLY PROHIBITED. STORAGE OF EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS, PESTICIDES OR OTHER TOXIC CHEMICALS, WASTE OF ANY KIND, FIREARMS, AMMUNITION, ILLEGAL DRUGS OR OTHER CONTROLLED SUBSTANCES, STOLEN GOODS OR OTHER CONTRABAND, PERISHABLE FOOD ITEMS, SPOILED FOOD, LIVING OR DECEASED ANIMALS, INFESTED ITEMS, MOLDY ITEMS, ANY ITEM THAT EMITS FUMES OR A STRONG ODOR OR ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE OWNER ON THE LISTING IS EXPRESSLY PROHIBITED.

9.2.

Owners may also specify additional prohibited items at their discretion in the Listing.

9.3.

Owners may also contact Law Enforcement or other authorities to report illegal activities of Renter. If Owner reasonably suspects the storage of items in breach of the above prohibitions, or other illegal activities, the Renter hereby agrees to give permission for authorities to search the stored items without a warrant.

9.4.

Renter agrees to release, indemnify, and hold Owner harmless from and against any and all liability arising from or relating to the removal or forfeiture of stored property, or the Renter’s breach of this provision, including any allegations or investigations relating thereto. Renter shall forfeit all fees related to the rental of the Space, including Service Fees and Processing Fees paid up the date of termination hereunder.

10. User Liability

10.1.

YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT.

10.2.

Any Owner is solely responsible for uses that occur on their property and are responsible to ensure that these uses comply with all regulations and laws, including local land use laws.

10.3.

You may not violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, but not limited to, zoning restrictions and Tax regulations, when using the Site and Services.

10.4.

You may not use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms.

10.5.

You may not copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms.

10.6.

You may not infringe the rights of any person or entity, including, but not limited to, their intellectual property, privacy, publicity or contractual rights.

10.7.

You may not interfere with or damage the Site or Services.

10.8.

You may not use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity including without their permission including, but not limited to, personal contact information or credit, debit, calling card or account numbers.

10.9.

You may not use the Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements.

10.10.

You may not “stalk" or harass any other user of the Site or Services, or collect or store any personally identifiable information about any other user other than for purposes of a Storage transaction.

10.11.

You may not offer, as an Owner, any Space that you do not yourself own or have permission to rent. Without limiting the foregoing, you will not list Space as an Owner if you are serving in the capacity of a rental agent or listing agent for a third party.

10.12.

You may not offer, as an Owner, any Space 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.

10.13.

You may not offer, as an Owner, any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor.

10.14.

You may not register for an account on the Site on behalf of an individual other than yourself.

10.15.

You may not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

10.16.

XS Spaces reserves the right to enact a ‘misrepresentation’ fee of fifty dollars ($50) on the offending user and terminate any account, Listing, Reservation or Rental Agreement if it is determined that any user has misrepresented any information either intentionally or unknowingly on the Site and Services.

10.17.

You may not contact any user of the Site for any purpose other than asking a question related to a Listings, a Space, a Storage transaction you are party to, or the use of the Site and Services.

10.18.

You may not act as a Renter or otherwise to recruit or otherwise solicit any Owner or other Member to join any third party services or websites without prior written approval from XS Spaces.

10.19.

You may not use the Site and Services to find an Owner or Renter and then complete a Storage transaction independent of the Site or Services, such as to circumvent the obligation to pay any Service Fees and Processing Fees related to the Site and Services.

10.20.

You may not post, upload, publish, submit or transmit any content that:

10.20.1.

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;

10.20.2.

Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

10.20.3.

Is fraudulent, false, misleading or deceptive;

10.20.4.

Is defamatory, obscene, pornographic, vulgar or offensive;

10.20.5.

Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

10.20.6.

Is violent or threatening or promotes violence or actions that are threatening to any other person; or

10.20.7.

Promotes illegal or harmful activities or substances.

10.21.

You may not use automated scripts to retrieve data or otherwise interact with the Site or Services. You may not systematically retrieve data or other content from the Site 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.

10.22.

You may not use, display, mirror or frame the Site, or any individual element within the Site or Services, XS Spaces’ name, logo or other proprietary information, or the layout and design of any communication from XS Spaces, without prior written approval from XS Spaces.

10.23.

You may not access, tamper with, or use non-public areas of the Site, its servers, computer systems, or the technical delivery systems through its suppliers.

10.24.

You may not probe, scan, or test the vulnerability of any computer system or network of XS Spaces, or breach any of its security or authentication measures.

10.25.

You may not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by XS Spaces or its suppliers, or any other third party (including another user) to protect the Site, Services or Collective Content.

10.26.

You may not forge any identification of the Site, Services or Collective Content as representation in online publications, such as email or newsgroup posting, or otherwise to send deceptive or false source-identifying information.

10.27.

You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

11. Non-Discrimination

11.1.

You may not discriminate against other users of the Site and Services, such as discrimination based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, disability, or marital status.

11.2.

You must also abide by any additionally applicable federal, state, and local laws in regards to discrimination.

11.3.

Special provisions:

11.3.1.

Owners may include in their communications factually accurate information about the accessibility features of a Space (or lack thereof), allowing for Renters with disabilities to assess if a Space is appropriate to their individual needs.

11.3.2.

Owners may make Space available exclusively to Renters that match the Owner’s own gender and not to another gender, in cases where access to the Space is also gives access to the living spaces of the Owner.

12. Harassment

12.1.

You may not engage in behavior that could be considered harmful or harassment, including, but not limited to, stalking, physical or verbal abuse, threats, and distributing, posting, or submitting any information concerning any other person or entity without their permission.

13. Disclaimers

13.1.

IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT XS SPACES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, XS SPACES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. XS SPACES MAKES NO WARRANTY THAT THE SITE, SERVICES AND COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. XS SPACES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM XS SPACES OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13.2.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT XS SPACES DOES NOT GUARANTEE TO MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. XS SPACES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY XS SPACES. NOTWITHSTANDING XS SPACES’ APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, XS SPACES EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY OWNER OR RENTER OR OTHER THIRD PARTY.

14. Limitations of Liability

14.1.

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 RESERVATION OF ANY SPACE VIA THE SITE AND SERVICES, OR THE RENTAL AGREEMENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF XS SPACES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER XS SPACES 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 RESERVATION 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 XS SPACES 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.

14.2.

EXCEPT FOR OBLIGATIONS OF XS SPACES TO PAY AMOUNTS TO APPLICABLE OWNER’S PURSUANT TO THESE TERMS, IN NO EVENT WILL XS SPACES 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 RESERVATION OF ANY SPACE VIA THE SITE AND SERVICES, OR THE RENTAL AGREEMENT, 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 RESERVATIONS 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 AN OWNER, THE AMOUNTS PAID BY XS SPACES 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 XS SPACES 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.

15. Indemnification

15.1.

You agree to release, defend, indemnify, and hold XS Spaces and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with the following.

15.1.1.

Your access to or use of the Site, Services or Collective Content, or your violation of these Terms, or your violation of the Rental Agreement.

15.1.2.

Your Member Content.

15.1.3.

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.

15.1.4.

Your interaction with any Member, your Reservation of a Space, your creation of a Listing, or 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, Reservation or use of a Space.

16. Member Content

16.1.

By making available any Member Content on or through the Site and Services, you hereby grant to XS Spaces 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, through, or by means of the Site and Services. XS Spaces 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.

16.2.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services.

16.3.

You represent and warrant that you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to XS Spaces the rights in such Member Content, as contemplated under these Terms.

16.4.

You represent and warrant that neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or XS Spaces’ use of the Member Content (or any portion thereof) on, through or by means of the Site 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.

17.1.

The Site, Services or Collective Content may contain links to third-party websites or resources. You acknowledge and agree that XS Spaces is not responsible or liable for the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by XS Spaces of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

17.2.

Some portions of the Site implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at http://www.google.us/intl/en_us/help/terms_maps.html.

17.3.

Some portions of the Site implement payment handling provided by Stripe. Your use of the Site and Services is subject to their respective terms of use.

18. Arbitration

18.1.

For disputes against XS Spaces or another Member of the Site and Services, you and XS Spaces mutually agree and acknowledge that all claims and disputes arising under or relating to these Term, or the breach, termination, enforcement, or interpretation or validity thereof are to be settled by binding arbitration in Portland, Oregon or another location mutually agreeable to the parties, and not in a court of law. The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the AAA.

18.2.

You and XS Spaces both acknowledge and agree that each are waiving the right to trial by jury in all arbitrable disputes. You and XS Spaces also both acknowledge and agree that each are waiving the right to participating as a plaintiff or class member in any purported class action or representative proceeding in all such disputes. Further, unless you and XS Spaces otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.

18.3.

Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.

18.4.

Exceptions to these arbitration terms include:

18.4.1.

Any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; or

18.4.2.

Any claim seeking emergency injunctive relief based on exigent circumstances. Any claim in exception to the above agreement to arbitration shall be brought into judicial proceeding in a court of competent jurisdiction.

19. Enforceability

19.1.

If any portion of these Terms is found to be unenforceable or unlawful, those unenforceable or unlawful portions shall be severed from these Terms. The severance of unenforceable or unlawful portions of these Terms shall not have any impact on the remainder of these Terms, which shall be given full force and effect.

20. Modification

20.1.

XS Spaces reserves the right, in its sole discretion, to modify the Site, Services or Collective Content, or to modify these Terms, including the Service Fees, Processing Fees, Inconvenience Fees or any other fees, at any time and without prior notice. If XS Spaces modifies these Terms, they will post the modification on the Site, or provide you with notice of the modification. XS Spaces will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after XS Spaces posts 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 and Services.

Last Updated Date: October 4 2018