Agreement

StorageHunt Terms Of Service

Last updated: October 25, 2023

The agreement between you and VersaLife LLC., including its parents, subsidiaries, representatives, affiliates, officers, and directors, contractors (collectively referred to as "StorageHunt," "we," "us," or "our"), that governs your use of the StorageHunt Platform, which includes the applications, websites, technology, and is legally binding and is referred to as the "Terms of Service."

 

By using or accessing the StorageHunt Platform, and/or by entering into this Agreement, you explicitly acknowledge that you understand and accept all of its terms, including the dispute resolution and arbitration provisions set forth in this agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you are not permitted to access or use the StorageHunt Platform or any services provided through it. If you access or use the StorageHunt Platform in a different country, you agree to be subject to the terms of service applicable to that country. If you are accessing or using the StorageHunt Platform on behalf of an organization that has contracted with StorageHunt for Business services, and you are not accessing or using the Platform as a Buyer or Seller, your access and use are governed by the contract between your organization and StorageHunt.

 

 

THE STORAGEHUNT PLATFORM

The StorageHunt Platform provides a marketplace where, among other things, persons who seek to bid on storage units from our auction marketplace (“Buyers”) can view a list of published storage units being auctioned and make a bid to acquire the storage unit’s contents from Storage Facilities (“Sellers”)

Buyers, Sellers, and any other individuals, excluding any excluded Individuals, using the StorageHunt Platform are collectively referred to herein as “Users”. “StorageHunt Services” shall include any service provided by StorageHunt pursuant to the StorageHunt Platform (for clarity, StorageHunt Services does not include Third-Party Services).

As a Buyer, you authorize StorageHunt to match you with Sellers based on factors such as your location, user preferences,membership status, regulatory or other third-party requirements, user statistics, and platform efficiency.. Any decision by a Buyer to make a bid on a storage unit being auctioned is a decision made in such Buyer's sole discretion. As used herein, “Excluded Individuals'' means any individual who is registering to use the StorageHunt Platform or whose use of the StorageHunt Platform is on behalf of an organization contracted with StorageHunt, except as a Buyer or Seller.

 

MODIFICATION TO THE AGREEMENT 

StorageHunt has the right to change the terms and conditions of this Agreement at any time by providing email notice to you. StorageHunt also has the right to modify any information on linked pages from this Agreement, and these modifications will take effect when posted. If you continue using the StorageHunt Platform after any changes, you are agreeing to the changes. If there are no major changes to the arbitration provisions, modifying this Agreement does not allow you to opt out of arbitration (if applicable) again.

 

ID VERIFICATION

To participate in unit bids through the StorageHunt platform, all buyers are required to undergo an ID Verification process. It is essential to use a government-issued ID in your own name from the appropriate jurisdiction. Any attempts to circumvent the ID verification by employing a fake ID will lead to the immediate termination of your account and permanent blacklisting from accessing the StorageHunt platform.

 

ELIGIBILITY

Only individuals with the necessary rights and authority to enter into this Agreement and who are fully capable of meeting the terms, conditions, and obligations contained herein are permitted to use the StorageHunt Platform. Users who have had their accounts temporarily or permanently deactivated are not eligible to access the Platform. Sharing your User account with other individuals is prohibited, and you acknowledge that you are the sole authorized user of your account. However, StorageHunt may permit you to use your account on behalf of a third party in certain cases. To use the Platform, each User must create their own account, and only one account per person is allowed. StorageHunt reserves the right to deactivate any additional or duplicate accounts. Some StorageHunt services and programs may have additional eligibility requirements determined by StorageHunt.

 

By registering as a User, you confirm and guarantee that you are at least 18 years of age. However, if you are a parent or legal guardian of a minor between the ages of 16 and 17, you may create a User account on behalf of the minor, subject to the following requirements and limitations:(a) The minor may only use the StorageHunt Platform to access and use StorageHunt Services and/or Third-Party Services. (b) You must ensure that the StorageHunt Services and/or Third-Party Services are suitable for the minor. (c) The minor must comply with all applicable safety instructions and warnings in this Agreement, any relevant Supplemental Agreements, and on the StorageHunt Platform. (d) The minor may not bid on any Storage Units unless accompanied by you or an authorized guardian. (e) You must explain the terms of this Agreement to the minor. It should be noted that no unaccompanied User under the age of 18 may bid on or collect items from a winning storage unit auction.

 

By creating a User account for a minor, you are giving permission and consent to the Agreement on the minor's behalf. You also guarantee the minor's acceptance, as well as your own, of the terms outlined in the Agreement. As the account creator, you will assume all responsibility and liability for the minor's use of the StorageHunt Platform in accordance with the terms of the Agreement and any applicable Supplemental Agreements. Any breach of the aforementioned representations, warranties, or the Agreement itself, as well as any attempt by the minor to disaffirm the Agreement, will be your responsibility. Additionally, you confirm that you are fully authorized to execute this Agreement on behalf of yourself and any other parents or legal guardians of the minor buyer.

 

AUCTION RULES

By participating as a Buyer, it is your responsibility to carefully read and comprehend the following StorageHunt Platform Rules. To assist your understanding, we have highlighted key points from the Bidding Rules Section below. Additionally, you are required to agree to all other terms outlined in this Agreement.

 

Important Information for Buyers: When placing a bid, you acknowledge and accept that you are entering into a legally binding contract. The following rules apply to the auction:

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Bid Increments: Each bid must be made in increments of $10.

 

Auction Extension: Bids placed within the last 3 minutes will extend the auction by an additional 3 minutes (We recommend refreshing your screen frequently for the most updated bid amount).

 

Charges and Fees: You agree to accept all charges and fees as specified on the StorageHunt fees page, which can be found here.

 

Upon Winning an Auction: If you are the successful bidder, the storage facility posting the auction on the StorageHunt platform will charge you a cleanout deposit, which ranges from $100 to $500. This deposit is refundable once you have successfully collected all items and cleaned the unit according to the StorageHunt cleanout procedures, as defined here.

 

Cancellation by Defaulted Tenant: The defaulted tenant has the legal right to pay off the outstanding account, which cancels the auction. This can be done until StorageHunt processes the payment from the winning bidder, unless otherwise stated in the state's lien laws or by the storage facility.

 

Cleaning Deposit Responsibility: The storage facility is responsible for collecting the cleaning deposit from the winning bidder.

 

Cleanout Time: Please note that the cleanout time may vary for each storage facility. It is advisable to check the information provided for each auction.

 

Sales Tax: StorageHunt collects sales tax, unless you provide, upload, and have your exemption verified and approved on the StorageHunt platform.

 

Cancellation of Auction Units: The storage facility reserves the right to cancel any auction unit(s).

 

Payment Failure: If the winning bidder's payment method fails and StorageHunt is unable to collect the applicable fees within 5 minutes of the auction close time, the unit will be offered to alternate bidders.

 

Alternate Bidders: The unit may be offered to alternate bidders in specific circumstances.

 

Buyer's Liability: Buyers are responsible for their winning bids, as well as associated premiums, taxes, and fees, regardless of whether they claim the property in the auction unit(s).

 

Dispute Resolution: By registering and bidding on StorageHunt.com or the StorageHunt mobile applications (for iOS and Android), auction buyers agree not to dispute any credit card charges processed through this site.

 

Close Affiliates Or Family Of Facilities: Any user who has a relationship with a member of a storage facility that is auctioning a unit is forbidden from bidding on a unit from that facility. Any attempts to circumvent this will result in immediate termination of your account.

 

Bids Are Legally Binding: By placing a bid on a unit, you are entering into a legally binding contract. If you are declared the winner of the auction, you must make the payment for the respective unit as per the terms of the contract.

 

Non-Vacated Units: Failure to vacate the unit within the allocated cleanout time will result in account suspension on the StorageHunt platform. A $500 reactivation penalty could be imposed to regain access to the platform.

 

Violation of Terms: Violation of any terms may result in your inability to use the StorageHunt Platform.

 

As a Storage Buyer, you understand that use of Storage Auction Services, StorageHunt Services, or Third-Party Services may result in charges (“Charges”) to you and/or to an organization, if applicable. Charges to Storage Buyers and/or organizations, if applicable, for Storage Auction Services include Storage Auction fees, and other applicable fees ,surcharges, and taxes. StorageHunt has the authority and reserves the right to determine and modify its pricing at any time. Storage Buyer shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

 

 

BIDDING RULES

The following guidelines outline the rules for sale of the storage unit. These rules supplement the Auction Rules stated in this Agreement, as well as any sale regulations provided by the facility selling the listed property.

 

Age Requirement: All participants must be 21 years of age or older.

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Payment and Fees: StorageHunt will charge the successful bidder's payment method for the total auction sale price, including applicable storage hunt platform fees and taxes. StorageHunt reserves the right to modify the StorageHunt platform fees without prior notice by updating the pricing schedules on www.storagehunt.com.

 

Cleaning Deposit: The successful bidder's payment method will be charged for a cleaning deposit at the time the auction closes. The storage facility determines the amount of the cleaning deposit, which can be found on the Auction Details Page of the specific auction. Cleaning deposits will be refunded when the unit(s) are completely emptied and left in a broom swept condition. All contents of the unit(s) must be removed from the facility premises, and using facility dumpsters or trash cans is prohibited. Failure to clean out all items from the unit and leave it in a broom swept condition will result in your forfeiture of the deposit amount to the facility.

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Pick-up and Time Window: The successful bidder must adhere to the clean-out time window specified by the storage facility, as detailed in the auction details. Property pick-up should occur during the storage facility's office hours. Communication with the storage facility can be conducted through the chat feature on the StorageHunt platform. Failure to pick up the property within the specified time may result in the non-refundability of the winning bid amount, StorageHunt platform fees, applicable sales tax, and the cleaning deposit. If the successful bidder pays in full but does not completely remove all items from the unit or execute a lease for the rental of the unit, the cleaning deposit will not be refunded.

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Sales Tax: StorageHunt will collect sales tax on auction sales, unless the successful bidder provides documentation proving exemption or their state does not impose sales tax.

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Finalization of Sale: A sale is not considered "final" until all fees are paid by the highest bidder, and all property is removed from the unit or a lease is executed. The owner of the property retains the right to redeem it until the sale is deemed final, potentially preventing the successful bidder from paying for the unit(s) and taking possession of the contents.

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Liability and Condition of Goods:The facility accepts no liability for goods purchased at the time of the sale. Goods are sold in an "AS-IS" condition, and no guarantees or warranties are expressed or implied with the purchase of any item.All sales are final, StorageHunt collects and remits payments of the sale to the specific storage facility.

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Bidding Increments: Bids must be made in $10 increments.

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Bidding Time Period: Bids can only be made and accepted during the specified time period. The storage facility may extend the specified time period at their discretion, and any bid placed within the last 3 minutes will extend the remaining time by an additional 3 minutes. The online bidding will continue until there are no additional bids for a period of 3 minutes.

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Credit Card Authorization: By creating a StorageHunt account to bid on self-storage units online or through the mobile application, and when registering to bid on a storage facility's units, you authorize StorageHunt to charge your credit card for the purpose of validating it. Validation charges will be reversed within 5 days after processing.

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Breach of Agreement: In the event that the winning bidder breaches the terms of this Agreement, the bidder with the second highest bid will become the winner.

 

BUYER PAYMENT METHODS 

StorageHunt accepts all major credit card and debit cards, including Apple Pay and GPay as a means to pay for any applicable charges or fees. We honor major card brands, including Visa, MasterCard, Discover, and American Express, JCB. By placing a bid, you confirm that you have the capability to make full payment for the storage unit if your bid emerges as the winning bid. This includes covering platform fees, sales tax, and cleaning deposits.

 

In the event that you are unable to make full payment for any reason, such as insufficient funds, StorageHunt reserves the right to cancel your bid at its sole discretion. In such cases, StorageHunt may, at its sole discretion (although not obligated to do so), designate the next highest bidder who meets the minimum bid or reserve requirements as the winning bidder.

 

At the discretion of StorageHunt, alternative payment methods may be added to your StorageHunt account without any obligation. If a payment method is declined, the next card on file will be charged for your order, subject to StorageHunt's sole discretion.

 

 

BUYER FEES

As a Storage Buyer, you understand that use of the Storage Auction Services, StorageHunt Services, or Third-Party Services may result in buyer fees (“Buyer Fees”) to you. Charges to Storage Buyers for Storage Auction Services include Storage Auction Amounts, StorgeHunt Platform fees, and other applicable fees, surcharges, and taxes. StorageHunt has the authority and reserves the right to determine and modify its pricing at any time. Storage Buyer shall be responsible for all Buyer Fees incurred under your User account regardless of your awareness of such Buyer Fees or the amounts thereof.

StorageHunt Fees (“Fees”):

Auction Amount. When you place a bid on a storage unit being auctioned through the StorageHunt Platform and your bid emerges as the winning one, the Auction Amount will be equal to the total bid amount you placed on that storage unit. For instance, if you placed a maximum bid of $500 on a unit and it resulted in a winning bid, the Auction Amount would be $500.

Storage Hunt Platform Fee: When your bid in an auction emerges as the winning one, the StorageHunt platform fee is calculated as a percentage of the total dollar value of the Auction Amount, according to the StorgeHunt Fee Schedule. For instance, if you placed a winning bid of $500 on a unit, and the applicable StorageHunt Platform fee is 15%, the total dollar value of the fee would amount to $75.

Taxes. StorageHunt determines the total dollar value charged for taxes to your payment method based on the applicable tax jurisdiction requirements of the location where the storage facility items are situated.

Cleaning Deposits: Your payment method will be charged a cleaning deposit fee as an authorization, which will be refunded once all items are removed from the storage unit, and the unit is left in a broom-swept condition.

Account Reactivation Fee. If your account was deactivated due to a breach of our Terms Of Service, a fee for account reactivation will be charged to your payment method.

 

STORAGE FACILITY RULES

By participating as a Seller, it is your responsibility to carefully read and comprehend the following StorageHunt Facility Rules. Additionally, you are required to agree to all other terms outlined in this Agreement.

 

Quality Of Storage Unit Photos:  

Your facility, and or any team member you’ve added as a user on the account must take, and post high quality photos. A minimum requirement of 4 photos must be attached to every auction you publish on the StorageHunt platform.

 

Tampering With Units: Your facility, and or it’s employees must not tamper with the unit, remove any items, or move any items in the unit. When the Buyer wins the auction and visits your facility to pick up the items, their arrangement within the unit must be identical and match that of the photos published.

 

Team Members: You, and or your facility agree to be responsible for any actions taken by any team members you’ve added to a facility as a user on your StorageHunt account.

 

Fake Bids: Your facility, its employees, or anyone associated with the facility, or your account must not make any attempt to raise the price of an auction by creating another StorageHunt account for the purposes of raising the auction amount value. 

 

 

FACILITY PAYOUTS

As a Seller, you acknowledge that using the Storage Auction Services, StorageHunt Services, or Third-Party Services may lead to payments to your storage facility, known as "Seller Payouts." These payouts are for the amounts received from storage auctions and cleanout deposits.

 

To receive payouts, it is essential to link a bank account to your facility's profile. These payouts from the storage facility are referred to as "Seller Payouts" or simply "Payouts."

When a Buyer bids on a storage unit auctioned through the StorageHunt Platform by your facility, StorageHunt will charge the winning auction amount to the Buyer's payment method. The resulting Auction Amount, minus any StorageHunt Platform fees, will be paid out to your facility. The exact StorageHunt Facility Platform fees can be found on our website's pricing page at www.storagehunt.com/pricing.

 

For instance, if one of your facility's units is auctioned, and the Auction Amount is $1000, with an applicable StorageHunt Platform fee of 15%, the total StorageHunt Facility Platform Fee Anount would amount to $150. This $150 would be deducted from the total Auction Amount, resulting in a $750 payout to your facility.

 

The Payouts will be processed to the bank account connected to your facility's account. Alternatively, you can opt for the Instant Payout option for faster processing.

Moreover, any cleaning deposit that your facility is entitled to through our dispute process will also be paid out to your designated bank account or through the Instant Payout Option.

 

 

FACILITY FEES

As a Seller, you understand that use of the Storage Auction Services, StorageHunt Services, or Third-Party Services may result in seller fees (“Seller Fees”) to your facility. Charges to Sellers for Storage Auction Services include StorgeHunt Platform fees, and Storage Hunt Monthly Facility Fees, surcharges, and taxes. StorageHunt has the authority and reserves the right to determine and modify its pricing at any time. Seller shall be responsible for all Seller Fees incurred under your User account regardless of your awareness of such Seller Fees or the amounts thereof.

FACILITY FEES  (“Seller Fees”):

Seller Platform Fee: The StorageHunt Seller Platform fee is determined based on a percentage of the total dollar value of the winning Auction Amount, as specified in the StorageHunt Pricing available at www.storagehunt.com/pricing. For instance, if a winning auction results in a winning amount of $1000 and the applicable StorageHunt Seller Platform fee is 15%, the fee withheld by StorageHunt would amount to $150.

Facility Monthly Fee. For every facility that you create a profile for on the StorageHunt platform with a connected bank account, there will be a recurring monthly fee. The specific fee amount is determined by our Facility Pricing, which is available on the StorageHunt website at www.storagehunt.com/pricing.

Instant Payouts. Whenever an amount is ready for payout to your facility and you choose the option of instant processing, there will be a corresponding fee calculated as a % value of the total payout being processed. The funds will be available within minutes. The pricing for instant payouts can be found on the StorageHunt website at www.storagehunt.com/pricing.

 

 

PROMOTIONS, REFERRALS, AND LOYALTY

At its sole discretion, StorageHunt may offer promotions, referral programs, and loyalty programs to Users or prospective Users, each with different features. StorageHunt retains the right to withhold or deduct credits or benefits obtained through such promotions or programs if it deems that the redemption or receipt of these rewards was erroneous, fraudulent, illegal, or in violation of the relevant terms or this Agreement. Furthermore, StorageHunt reserves the right to terminate, discontinue, modify, or cancel any promotions or programs at any time and without prior notice.

 

Regarding the Referral Program, StorageHunt's referral program may provide you with incentives for referring your friends and family to join the StorageHunt Platform as new Users in your country. Your participation in the Referral Program is subject to this Agreement and any additional Referral Rules.

 

RESTRICTED ACTIVITY

By using the StorageHunt Platform, StorageHunt Services, Third-Party Services, and participating in the Storage Unit Auction Services, you hereby agree not to:

 

  1. Impersonate any person or entity.
  2. Engage in stalking, threatening, or harassing any person, or carry any weapons.
  3. Violate any law, statute, rule, permit, ordinance, or regulation.
  4. Interfere with or disrupt the StorageHunt Platform or the servers or networks connected to it.
  5. Post fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal information or engage in such behavior while interacting on the StorageHunt Platform, StorageHunt Services, Third-Party Services, or Storage Auction Services.
  6. Infringe upon any third party's rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, while using the StorageHunt Platform.
  7. Transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of the StorageHunt Platform or any computer software, hardware, or telecommunications equipment, or to intercept or expropriate any system, data, or personal information.
  8. Forge headers or manipulate identifiers to disguise the origin of any information transmitted through the StorageHunt Platform.
  9. Frame or mirror any part of the StorageHunt Platform without prior written authorization, or use meta tags, code, or other devices containing references to redirect any person to another website without proper purpose.
  10. Modify, adapt, translate, reverse engineer, decipher, decompile, or disassemble any portion of the StorageHunt Platform.
  11. Rent, lease, lend, sell, redistribute, license, or sublicense the StorageHunt Platform or access to any part of it.
  12. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine," copy, access, acquire information, generate impressions or clicks, input or store information, search, or monitor any portion of the StorageHunt Platform, or reproduce or circumvent its navigational structure or presentation.
  13. Directly or indirectly link to any other websites.
  14. Transfer, lend, or sell your User account, password, and/or identification, or any other User's Information to any other party.
  15. Use a false email address or other identifying information, impersonate or misrepresent any person or entity, your affiliation with any person or entity, or mislead as to the origin or source of any entity accessing the StorageHunt Platform.
  16. Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age, or sexual orientation.
  17. Commercialize the Storage Auction Services, Third-Party Services, or our StorageHunt Services without a direct agreement with StorageHunt.
  18. Misuse or abuse the Storage Auction Services, Third-Party Services, or our StorageHunt Services in violation of eligibility requirements determined by StorageHunt.
  19. Circumvent any measures implemented by StorageHunt to prevent or address violations of this Agreement.
  20. Cause any third party to engage in the aforementioned restricted activities.

 

If you suspect unauthorized use of your User account or any other security breach or violation of this Agreement, you must promptly notify us.

 

 

DISCLAIMERS

The disclaimers provided below apply to StorageHunt, our affiliates, subsidiaries, parents, successors and assigns, as well as our officers, directors, employees, agents, and shareholders.

 

StorageHunt does not offer storage unit rental services, nor does it operate as a storage unit facility. The decision to place a bid on a storage unit through the StorageHunt Platform is solely the responsibility of the Storage Buyer, who engages with a storage facility that has posted an auction. We have no control over the quality or safety of the storage unit auction process that occurs as a result of our Storage Unit Auction Services. Any safety-related features, processes, policies, standards, or other efforts undertaken by StorageHunt do not imply any employment or agency relationship with any User.

 

The StorageHunt Platform is provided "as is" and without any express, implied, or statutory warranty or condition. We do not guarantee or promise any specific results from the use of the StorageHunt Platform, StorageHunt Services, Third-Party Services, or Storage Unit Auction Services. StorageHunt reserves the right, for example, to limit or restrict access to the StorageHunt Platform for Storage Unit Auction Services, Third-Party Services, or StorageHunt Services in specific geographic areas or at specific times based on commercial viability, public health concerns, or changes in the law. To the maximum extent permitted by law, we explicitly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. However, please note that the foregoing disclaimer may not apply to you if your state does not allow the disclaimer of implied warranties.

 

We do not warrant that your use of the StorageHunt Platform, StorageHunt Services, Third-Party Services, or Storage Unit Auction Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free. We also do not guarantee that any defects in the StorageHunt Platform will be corrected or that the platform is free of viruses or other harmful components. We disclaim liability for any issues related to connectivity, availability, accuracy, completeness, and reliability of the StorageHunt Platform, StorageHunt Services, Third-Party Services, or Storage Unit Auction Services. This includes pricing, unit descriptions, photos of units, and facilities information listed on the StorageHunt platform. You are responsible for your conduct and the consequences of your conduct while using the StorageHunt Platform.

 

Please exercise caution and rely on your own judgment when using the StorageHunt Platform, StorageHunt Services, Third-Party Services, and Storage Unit Auction Services, as we cannot guarantee the authenticity of each Storage Buyer or Storage Facility. Take into consideration the photos of the Storage Buyer to ensure they match the individual in person. Be aware that there are risks associated with dealing with minors or individuals misrepresenting themselves, and we do not assume responsibility or liability for any content, communication, or use of the StorageHunt Platform by individuals under 18 years old in violation of our Agreement. We encourage you to directly communicate with potential Storage Buyers or Storage Unit Facilities before participating in a Storage Auction.

 

StorageHunt holds no responsibility for the behavior, whether online or offline, of any User on the StorageHunt Platform, StorageHunt Services, Third-Party Services, or Storage Auction Services. You are solely responsible for your interactions with other Users. We do not secure insurance for, nor do we hold responsibility for, items left in the Storage Unit or at the Storage Facility. By using the StorageHunt Platform, StorageHunt Services, Third-Party Services, and participating in the Storage Unit Auction Services, you acknowledge and accept these risks, understanding that StorageHunt is not liable for the actions or omissions of Users on the StorageHunt Platform, StorageHunt Services, Third-Party Services, or participants in the Storage Unit Auction Services.

 

You are accountable for the use of your User account, and StorageHunt explicitly disclaims any liability arising from unauthorized use of your User account. It is possible for others to obtain and misuse the information you provide, publish, or post on the StorageHunt Platform (including profile information), share with other Users, or disclose during the Storage Unit Auction Services. 

 

We are not responsible for the use of any personal information that you share with other Users on the StorageHunt Platform or during the Storage Unit Auction Services, StorageHunt Services, or Third-Party Services. Please be cautious in selecting the type of information you post, share, or release to others on the StorageHunt Platform or during the Storage Unit Auction Services, StorageHunt Services, or Third-Party Services. We disclaim all liability, regardless of the form of action, for the actions or omissions of other Users (including unauthorized users or hackers).

 

The opinions, advice, statements, offers, or other information or content related to StorageHunt, whether provided by third parties or available through the StorageHunt Platform, are the sole responsibility of their respective authors and should not necessarily be relied upon. We do not guarantee or endorse such content. We will not be held accountable for any loss or damage resulting from your reliance on information or content posted by third parties, whether on the StorageHunt Platform or elsewhere. While we reserve the right to monitor and remove materials that violate the law, our agreement, or may be offensive, illegal, or harmful to users or others, we are under no obligation to do so. 

 

You further agree not to take any action that could violate the privacy, or cause any type of harm to any of our officers, directors, contractors, employees, affiliates, agents and agree that any breach of thereof would constitute irreparable harm and you you expressly acknowledge that you are liable for any damages resulting from such actions. 

 

The location data provided by the StorageHunt Platform is intended for basic location purposes only and should not be relied upon in situations where precise location information is critical. Erroneous, inaccurate, or incomplete location data may lead to serious consequences such as death, personal injury, property damage, or environmental harm. 

 

Neither StorageHunt nor its content providers guarantee the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the StorageHunt Platform. Please note that any information you upload, provide, or post on the StorageHunt Platform, including geolocational data, may be accessible to StorageHunt and certain other users of the platform.

 

We recommend using the StorageHunt Platform with a data plan that offers unlimited or high data usage limits. StorageHunt will not be held responsible or liable for any fees, costs, or overage charges associated with the data plan you use to access the StorageHunt Platform.

 

The following paragraph applies to any version of the StorageHunt Platform obtained from the Apple App Store. This Agreement is between you and StorageHunt, and Apple, Inc. ("Apple") is not a party to this Agreement and bears no obligations regarding the StorageHunt Platform. StorageHunt, not Apple, is solely responsible for the StorageHunt Platform and its content as outlined in this Agreement. However, Apple and its subsidiaries are considered third-party beneficiaries of this Agreement. By accepting this Agreement, you grant Apple the right (and Apple will be deemed to have accepted this right) to enforce this Agreement against you as a third-party beneficiary. This Agreement incorporates Apple's Licensed Application End User License Agreement by reference, in which you are considered "the end-user." In case of a conflict between the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall prevail.

 

StorageHunt will not be in breach of this Agreement nor liable for any failure or delay in fulfilling obligations under this Agreement if such failure or delay is caused by events, circumstances, or causes beyond its reasonable control. These may include natural disasters, acts of God, labor disputes or stoppages, war, government actions, epidemics or pandemics, chemical or biological contamination, strikes, riots, domestic or international terrorism, quarantines, national or regional emergencies, or any other cause beyond reasonable control, whether similar or not to the examples provided. All service dates affected by force majeure events will be extended for the duration of such events. The parties agree, when feasible, to reschedule the relevant obligations as soon as reasonably possible after the force majeure condition ceases to exist.

 

 

 

 

STORAGEHUNT COMMUNICATIONS

When you use the StorageHunt Platform or enter into an Agreement with us, you consent to receiving communication from us, our affiliates, and third-party partners at any phone number you provided to us or on your behalf. You may receive communication through email, text message, calls, or push notifications, and automated phone dialing systems may generate calls, texts, or pre-recorded messages. The communication you receive may include updates about StorageHunt's services, third-party services, marketing or promotions, news about StorageHunt, and industry developments. If you change or deactivate the phone number you provided to StorageHunt, it is your responsibility to update your account information to prevent us from communicating with anyone who acquires your old number. Please note that standard text messaging charges may apply to text messages we send.

 

To stop receiving promotional emails, follow the unsubscribe options in the email itself. To opt out of promotional calls or texts, send "END" from the receiving mobile device. You are not obligated to consent to receive promotional texts or calls to use StorageHunt or its services. If you want to opt out of all texts or calls from StorageHunt, including operational or transactional messages, text "STOPALL" from the receiving mobile device; note that opting out of all texts may affect your use of StorageHunt. You may receive a one-time confirmation text when you opt out, but no further messages will be sent unless you initiate them. Visit our help center for support or assistance with communication services.

 

INJUNCTIVE RELIEF

In the event of a breach of these Terms of Service by you, we may seek injunctive relief to prevent further violations and to safeguard our rights and interests. Injunctive relief is a court-ordered remedy that prohibits a party from continuing certain actions or requires the party to take specific actions to prevent harm or preserve legal rights.

 

Right to Seek Injunctive Relief: If you breach any provision of these Terms of Service, we may, at our sole discretion, seek injunctive relief to enforce these terms and prevent any ongoing or potential harm resulting from the breach. Injunctive relief may be pursued in addition to other remedies available under these Terms of Service or applicable laws.

 

Nature of Injunctive Relief: Injunctive relief may include, but is not limited to, temporary restraining orders, preliminary injunctions, or permanent injunctions, as deemed necessary to address the breach effectively. The specific form of injunctive relief sought will depend on the circumstances of the breach and the extent of potential harm.

 

No Waiver of Other Remedies: Seeking injunctive relief does not waive our right to pursue other remedies available under these Terms of Service or applicable laws. Our decision to seek injunctive relief does not prevent us from also seeking damages, equitable relief, or any other appropriate remedy.

 

Irreparable Harm: You acknowledge and agree that a breach of these Terms of Service may cause irreparable harm to us, for which monetary damages may not be an adequate remedy. In such cases, injunctive relief is necessary to prevent the continuation of the breach and preserve our rights and interests.

 

Court Proceedings: In seeking injunctive relief, we may initiate legal proceedings in a court of competent jurisdiction. You consent to the personal jurisdiction of such courts for the purpose of obtaining injunctive relief and waive any objections to the jurisdiction or venue of such courts.

 

Duration of Injunction: The injunction may remain in effect until the court determines that the breach has been adequately remedied, or until otherwise ordered by the court. The court may modify, extend, or dissolve the injunction based on further evidence or changed circumstances.

 

Bond: In certain circumstances, the court may require us to post a bond or provide security as a condition for obtaining injunctive relief. This bond is intended to cover any potential damages suffered by you if the injunction is later found to have been wrongfully obtained.

 

By using our platform and services, you acknowledge and agree that we may seek injunctive relief in the event of a breach of these Terms of Service. You further understand that seeking injunctive relief does not preclude us from pursuing other remedies, and that injunctive relief may be pursued in addition to any other available remedies at law or equity.

 

 

 

 

YOUR INFORMATION 

Your Information refers to any data, content, or materials that you provide, publish, post, or transmit through the StorageHunt Platform, including profile information and communications with other users. By using the StorageHunt Platform and Services, you consent to the use of your Information to create and maintain your User account, enabling you to access the StorageHunt Platform, utilize the StorageHunt Services, and participate in Storage Auction Services.

 

The collection and use of your personal information in connection with the StorageHunt Platform, StorageHunt Services, and Storage Auction Services are governed by StorageHunt's Privacy Policy. You are solely responsible for the accuracy, completeness, and legality of your Information, as well as any interactions you have with other users. We act as a passive conduit for your online posting of Information and do not actively endorse or verify the content.

 

You agree to provide and maintain accurate, up-to-date, and complete Information. Other users and we may rely on your Information as accurate and current. To facilitate the purposes described in the Privacy Policy and this Agreement, and to improve the StorageHunt Platform, StorageHunt Services, and Storage Auction Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sub-licensable right and license to use, copy, perform, display, and distribute your Information. This license includes the right to create derivative works or incorporate your Information into other works, in any media now known or not currently known.

 

It is important to note that StorageHunt does not claim ownership over your Information. You retain full ownership of all your Information and any intellectual property rights or proprietary rights associated with it. The rights granted to us are limited to those necessary to operate the StorageHunt Platform and provide the associated Services, as outlined in this Agreement.

 

 

NO WARRANTIES 

THE SERVICES AND PLATFORM ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF INFORMATION. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR PERFORMANCE OF THE SERVICES OR PLATFORM. WE DO NOT WARRANT THAT THE SERVICES OR PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

ANY CONTENT OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR PLATFORM ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

 

WE DO NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES, PRODUCTS, OR CONTENT ADVERTISED OR OFFERED THROUGH THE SERVICES OR PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH SERVICES, PRODUCTS, OR CONTENT.

 

THESE DISCLAIMERS OF WARRANTIES CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

 

 

INTELLECTUAL PROPERTY 

Ownership of the StorageHunt Platform and its intellectual property rights belong solely and completely to StorageHunt. These rights encompass database rights, inventions, patentable subject matter, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and similar rights worldwide, including the right to seek protection for these rights. Any other trademarks, logos, service marks, company names, or product names mentioned on the StorageHunt Platform are the property of their respective owners.

 

By providing any questions, comments, suggestions, ideas, feedback, or other information ("Submissions") to us, you acknowledge and agree that these Submissions are non-confidential and will become the exclusive property of StorageHunt. StorageHunt will possess all rights, including intellectual property rights, and will have the unrestricted use and dissemination of these Submissions for any purpose, whether commercial or otherwise, without any acknowledgment or compensation to you. This Agreement does not transfer ownership or grant a license under any intellectual property rights, except for the explicit license grants mentioned herein.

 

The StorageHunt Marks, which include the StorageHunt name, logos, designs, graphics, icons, scripts, and service names, are registered trademarks, trademarks, or trade dress of StorageHunt in the United States and/or other countries. If you offer Storage Unit Auction services, StorageHunt provides you with a limited, revocable, non-exclusive license to display and use the StorageHunt Marks solely on StorageHunt stickers/decals and any other StorageHunt-branded items provided directly by StorageHunt to you in relation to the provision of Storage Unit Auction Services ("License"). This License is non-transferable and non-assignable, and you are not permitted to grant any third party the right, permission, license, or sublicense with respect to the granted rights without prior written permission from StorageHunt, which may be withheld at its sole discretion.

 

You may not use the StorageHunt logo (or any StorageHunt Marks) in a manner likely to cause confusion, including but not limited to using a StorageHunt Mark in a domain name or StorageHunt referral code, or using a StorageHunt Mark as a social media handle, name, avatar, profile photo, icon, favicon, or banner. While you may identify yourself as a Storage Facility on the StorageHunt Platform, you must not misrepresent yourself as StorageHunt, an employee of StorageHunt, or a representative or agent of StorageHunt.

.

By using the StorageHunt logo or any StorageHunt Marks, you acknowledge that StorageHunt is the rightful owner and licensor of these marks, including all associated goodwill. Your use of the StorageHunt logo does not grant you any ownership or interest in the StorageHunt Marks, but instead benefits StorageHunt. You agree to adhere strictly to StorageHunt's Brand Guidelines when using the StorageHunt logo, as provided to you and updated periodically. Any use of the logo that does not conform to StorageHunt's standards or is deemed unacceptable by StorageHunt must be immediately discontinued.

 

You are prohibited from doing the following: (1) creating any materials that use the StorageHunt Marks or any derivatives thereof as trademarks, service marks, trade names, or trade dress, unless expressly approved in writing by StorageHunt; (2) using the StorageHunt Marks in a manner that diminishes their validity as proprietary trademarks, service marks, trade names, or trade dress, or using them in a way that contradicts the terms and conditions outlined here; (3) taking any actions that could jeopardize or impair StorageHunt's ownership rights of the StorageHunt Marks or their legal validity and enforceability, including challenging or opposing StorageHunt's ownership of the Marks; (4) applying for trademark registration or renewal of the StorageHunt Marks, any derivatives thereof, any combination of the Marks with another name, or any similar trademarks, service marks, trade names, symbols, or words; (5) using the StorageHunt Marks in connection with any product, service, or activity that violates any laws, statutes, government regulations, or standards.

 

You also agree not to rent, lease, lend, sell, or redistribute the StorageHunt driver amp, nor engage in the manufacture, production, printing, sale, distribution, purchase, or display of counterfeit or inauthentic StorageHunt driver amps or other StorageHunt Marks (including signage, stickers, apparel, or decals) from any source other than directly from StorageHunt.

 

Violation of any provision in this License may result in immediate termination of the License at StorageHunt's sole discretion. StorageHunt may also initiate a takedown request with the appropriate Internet Service Provider (ISP) or social media platform, or pursue a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) that bear the StorageHunt Marks in violation of this Agreement or otherwise, you agree that StorageHunt exclusively owns all rights, titles, and interests in such materials, including any modifications or derivative works based on the StorageHunt Marks or StorageHunt copyrights. Furthermore, you agree to assign any interest or right you may have in such materials to StorageHunt and provide information and execute any documents reasonably requested by StorageHunt to formalize the assignment.

 

 

 

STATE & LOCAL LIEN LAWS

The services provided on this platform may involve transactions related to property liens, which are subject to state and local laws and regulations. It is essential to familiarize yourself with the lien laws in your specific state and locality before engaging in any lien-related activities through our platform. This section provides some general guidelines and reminders, but it is not a substitute for seeking legal advice from qualified professionals.

 

Compliance with Applicable Laws: Users of this platform must comply with all state and local laws governing property liens. These laws may vary significantly from one jurisdiction to another, and failure to adhere to them could result in legal consequences. We do not assume responsibility for verifying the accuracy or completeness of information related to state and local lien laws on this platform, and users are encouraged to conduct independent research and consult legal experts as needed.

 

Legal Advice: The information provided on this platform does not constitute legal advice. It is for informational purposes only. Users should not rely solely on the information provided here when making decisions related to property liens. If you need legal advice or have specific questions about lien laws in your area, you should consult with an attorney or other qualified legal professional.

 

Verification of Lien Information: While we strive to maintain accurate and up-to-date information on this platform, we cannot guarantee the accuracy or completeness of data related to property liens. Users are responsible for independently verifying the lien status and other relevant information before engaging in any transactions related to liens.

 

Limitation of Liability: To the fullest extent permitted by law, we disclaim all liability for any damages, losses, or claims arising from your reliance on information related to state and local lien laws provided on this platform. By using this platform, you agree to release us from any liability related to such information.

 

Changes to Lien Laws: State and local lien laws may change over time. It is essential to stay informed about any updates or amendments to these laws that may impact your lien-related activities. We are not responsible for notifying users of changes in lien laws, and users should regularly monitor updates from state and local authorities.

 

Non-Endorsement: Reference to specific state and local lien laws on this platform does not imply endorsement or promotion of any particular jurisdiction's laws. We do not favor or recommend any specific legal framework over others.

 

By using this platform and engaging in any lien-related activities, you acknowledge that you have read, understood, and agree to comply with the state and local lien laws applicable to your specific jurisdiction. You also agree to release us from any liability arising from your failure to comply with these laws. If you do not agree with this section or do not understand the lien laws in your area, you should refrain from using this platform for lien-related activities.

 

 

 

GENERAL RELEASE

By accessing and using our platform and services, you agree to release, discharge, and waive any and all claims, liabilities, actions, demands, damages, losses, costs, and expenses of any kind, whether known or unknown, arising out of or in any way connected to your use of our platform, services, or any related activities. This comprehensive general release includes, but is not limited to, claims arising from:

 

User Content: Any content, materials, or information you submit or post on our platform, including but not limited to text, images, videos, and links. You acknowledge that we do not endorse or guarantee the accuracy, completeness, or quality of any User Content, and you release us from any liability related to User Content.

 

Third-Party Content: Any content provided by third parties on our platform, including but not limited to advertisements, links, and information. You acknowledge that we do not control or endorse Third-Party Content, and you release us from any liability related to Third-Party Content.

 

Conduct of Other Users: Any actions, statements, or behavior of other users on our platform. You acknowledge that we do not have control over the actions of other users, and you release us from any liability related to the conduct of other users.

 

Platform Functionality: Any interruptions, errors, defects, delays, or inaccuracies in the functionality of our platform or services. You acknowledge that our platform and services may not be error-free or uninterrupted, and you release us from any liability related to such issues.

 

Data Security: Any unauthorized access to or disclosure of your personal information or data breaches. You acknowledge that while we take reasonable measures to protect your data, we cannot guarantee complete security, and you release us from any liability related to data security.

 

Third-Party Services: Any services, products, or content offered by third parties through links or advertisements on our platform. You acknowledge that we do not endorse or guarantee the quality or safety of third-party services, and you release us from any liability related to third-party services.

 

Compliance with Laws: Any violations of applicable laws or regulations by you or other users on our platform. You acknowledge that you are responsible for complying with all applicable laws and regulations, and you release us from any liability related to your or others' non-compliance.

 

Modification or Termination of Services: Any modifications, suspensions, or terminations of our platform or services. You acknowledge that we may change or discontinue our platform or services at any time, and you release us from any liability related to such changes or discontinuation.

 

Indemnification: Any claims brought against us by third parties arising out of your use of our platform or services. You agree to indemnify and hold us harmless from any such claims.

This comprehensive general release is intended to be a complete and unconditional release of all claims and liabilities to the fullest extent permitted by law. It applies to all claims, whether known or unknown, arising from events occurring before or after your acceptance of these Terms of Service.

 

If any part of this release is determined to be invalid or unenforceable, the remaining parts shall remain in full force and effect. Your acceptance of these Terms of Service and use of our platform constitutes your voluntary and knowing agreement to this comprehensive general release. If you do not agree with this release, you should not use our platform or services.

 

 

 

 

INDEMNITY 

IN NO EVENT WILL StorageHunt, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “StorageHunt” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE StorageHunt PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE StorageHunt PLATFORM, StorageHunt SERVICES, THE STORAGE AUCTION SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE StorageHunt PLATFORM MAY BE USED BY YOU TO BID ON AND ACQUIRE DELINQUENT STORAGE UNITS FROM STORAGE FACILITIES, BUT YOU AGREE THAT StorageHunt HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, StorageHunt HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR STORAGE UNIT AUCTION SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

LIMITATION OF LIABILITY

IN NO EVENT WILL STORAGEHUNT, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY "STORAGEHUNT" FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE STORAGEHUNT PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE STORAGEHUNT PLATFORM, STORAGEHUNT SERVICES, THE AUCTION SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STORAGEHUNT PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT STORAGEHUNT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, STORAGEHUNT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

 

 

GOVERNING JURISDICTION 

 

This Terms of Service agreement ("Agreement") shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without giving effect to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, including but not limited to its formation, interpretation, performance, or termination, shall be exclusively settled by the competent courts located in the Commonwealth of Puerto Rico.

 

By accessing or using our services, you expressly consent to the exclusive jurisdiction and venue of the courts located in the Commonwealth of Puerto Rico for any such dispute, controversy, or claim. You waive any objection to the convenience or propriety of venue in such courts. This choice of jurisdiction is intended to ensure consistency and clarity in the interpretation and application of this Agreement and to promote a fair and efficient resolution of any disputes that may arise.

 

In the event of any conflict between the laws of the Commonwealth of Puerto Rico and any other laws that might be applicable, the laws of Puerto Rico shall prevail to the extent permitted by law. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement or to any disputes arising under or in connection with this Agreement.

 

If any provision of this governing jurisdiction section is determined to be unenforceable or invalid, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

 

Please note that this governing jurisdiction section applies specifically to the relationship between you and StorageHunt  regarding the use of our services, and it does not extend to any other legal matters outside the scope of this Agreement.

By using our services, you acknowledge that you have read, understood, and agreed to this governing jurisdiction section, as well as the entire Terms of Service agreement. If you do not agree to these terms, you should not access or use our services.

 

 

 

LICENSES 

Grant of License: 

 

By agreeing to these Terms of Service, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our services and platform solely for your personal, non-commercial use. This license does not permit you to modify, reproduce, distribute, sell, rent, lease, sublicense, or otherwise exploit any part of the services or platform unless expressly authorized in writing by us.

 

User Content License: 

 

You retain ownership of any content, materials, or information you submit or post on our platform ("User Content"). However, by submitting or posting User Content on our platform, you grant us a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and perform such User Content in connection with the provision of our services and the promotion of our platform. You represent and warrant that you have the necessary rights and permissions to grant us this license.

 

Our Intellectual Property: 

 

All intellectual property rights in and to our platform and services, including but not limited to trademarks, logos, service marks, copyrights, trade secrets, and patents, are owned by us or our licensors. You acknowledge and agree that nothing in these Terms of Service grants you any right or license to use our intellectual property, except as expressly authorized by us.

 

Third-Party Content and Licenses: 

 

Our platform may contain content provided by third parties, including but not limited to text, images, videos, and links ("Third-Party Content"). Such Third-Party Content may be subject to separate terms and licenses, and you are responsible for complying with those terms and licenses when accessing or using such content.

 

License Restrictions:

 

You agree not to:

  1. Use our platform or services for any unlawful, unauthorized, or inappropriate purposes; 
  2. Copy, modify, reverse engineer, decompile, or disassemble any part of our platform or services; 
  3. Circumvent, disable, or otherwise interfere with security-related features of our platform or services; 
  4. Use any automated means or bots to access, collect, or extract data from our platform; 
  5. Impersonate any person or entity, or falsely represent your affiliation with any person or entity; f. Violate any applicable laws, regulations, or third-party rights when using our platform or services; 
  6.  Share your login credentials with others or allow unauthorized access to your account; 
  7. Use our platform or services to transmit any viruses, malware, or other harmful content.
  •  

Termination of License:

 

We reserve the right to terminate or suspend your license to use our platform and services at any time, without prior notice, for any reason, including but not limited to a breach of these Terms of Service. Upon termination, all rights and licenses granted to you under these Terms of Service will immediately cease, and you must stop using our platform and services.

 

Feedback:

 

 If you choose to provide us with any feedback, suggestions, or ideas regarding our platform or services, you agree that we may use such feedback, suggestions, or ideas without any obligation to compensate you, and you hereby grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback, suggestions, or ideas into our platform or services.

 

CONFIDENTIALITY

By using the StorageHunt Platform, you agree not to use any technical, financial, strategic, or other proprietary and confidential information related to StorageHunt's business, operations, and properties, as well as any information about a user made available to you in connection with their use of the platform, such as the user's name, contact information, and photo (collectively referred to as "Confidential Information"). This Confidential Information is disclosed to you by StorageHunt solely for the purpose of your use of the platform and as specified in this agreement.

 

You shall not disclose or allow the disclosure of any Confidential Information to third parties, and you must not store any Confidential Information obtained from the StorageHunt Platform separately and outside of the platform.

 

You understand that any breach of the confidentiality provisions in this agreement may not only violate HIPAA or state confidentiality laws but also result in civil or criminal penalties against you. Hence, you are committed to taking all necessary measures to protect the secrecy of the Confidential Information and prevent its disclosure or use, thus ensuring it remains confidential.

However, it's important to note that you shall not be liable to StorageHunt with regard to any Confidential Information if you can prove any of the following:

 

  1. The information was already in the public domain at the time it was disclosed by StorageHunt or has become public through no fault of yours.
  2. You were aware of the information, without any restrictions, at the time of disclosure, as evidenced by existing files.
  3. The information was disclosed with prior written approval from StorageHunt.
  4. The information became known to you from a source other than StorageHunt without any breach of this agreement by you and not in violation of StorageHunt's rights.
  5. The information is disclosed based on a court order, administrative agency requirement, or other governmental body's mandate. However, in such cases, you must promptly notify StorageHunt to enable them to seek a protective order or take necessary steps to prevent or restrict the disclosure.

 

By abiding by these confidentiality provisions, you can ensure the safeguarding of StorageHunt's Confidential Information and comply with the terms of this agreement.

 

 

 

NO AGENCY, NO THIRD PARTY BENEFICIARY 

You acknowledge and agree that nothing in this Terms of Service agreement ("Agreement") shall be construed to create any agency, partnership, joint venture, employment, or fiduciary relationship between you and StorageHunt ("Company").

 

You further understand that you are using our services as an individual user or on behalf of the entity you represent, and you do not have the authority to act on behalf of the Company or bind the Company to any obligations or commitments.

 

This Agreement is solely between you and the Company. No third party, including but not limited to any user of our services, shall have any rights or benefits under this Agreement or be considered a third-party beneficiary of this Agreement.

 

Any use of our services by you does not grant any rights to third parties or create any legal entitlements for third parties, whether as beneficiaries or otherwise. Any interactions, transactions, or disputes you may have with other users or third parties are separate from this Agreement, and the Company shall not be responsible or liable for any such interactions, transactions, or disputes.

 

You agree that the limitations and exclusions of liability contained in this Agreement are also intended to be for the benefit of our affiliates, officers, directors, employees, agents, licensors, suppliers, and service providers. Each of these individuals or entities shall have the right to enforce and rely upon the provisions of this Agreement directly against you on their own behalf.

No modification or amendment to this Agreement, whether oral or written, shall create any obligation or rights for any third party, and no third party shall be entitled to rely on any such modification or amendment.

 

If any provision of this "No Agency; No Third Party Beneficiary" section is determined to be unenforceable or invalid, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By using our services, you acknowledge that you have read, understood, and agreed to this "No Agency; No Third Party Beneficiary" section, as well as the entire Terms of Service agreement. If you do not agree to these terms, you should not access or use our services.

 

 

SEVERABILITY

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms of Service, which shall continue in full force and effect to the maximum extent permitted by law. In such a case, the parties shall use their best efforts to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the extent possible, the original intent and economic effect of the severed provision. The invalidity, illegality, or unenforceability of any provision in any jurisdiction shall not affect the validity, legality, or enforceability of that provision in any other jurisdiction.

 

 

 

DISPUTE RESOLUTION AND ARBITRATION

(a) Agreement to Binding Arbitration Between You and StorageHunt.

 

By accepting this agreement, you and StorageHunt mutually consent to resolving any disputes through arbitration and waive the right to have such disputes resolved in a court of law by a judge or jury. This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") or, if the FAA is inapplicable for any reason, by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. It is important to note that this Arbitration Agreement remains in effect even after the termination of your agreement or relationship with StorageHunt.

 

All arbitration proceedings under this Agreement will be conducted on an individual basis, and class arbitrations or class actions are not permitted. This Agreement applies to all claims ("Claims") between you and StorageHunt, including those involving affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, shareholders, and service providers, such as background check providers and payment processors. The service providers are intended third-party beneficiaries of this Arbitration Agreement.

 

Claims subject to arbitration include disputes related to this Agreement, prior versions of the Agreement, the StorageHunt Platform, StorageHunt Services, promotions, gift cards, referrals, loyalty programs, goods or services provided by StorageHunt or third-party providers, your relationship with StorageHunt, the suspension or termination of your User Account or Agreement, background checks, payments, wage-hour laws, unfair competition, discrimination, harassment, contract breaches, consumer protection laws, and other federal and state statutory and common law claims.

The arbitrator will decide any disputes concerning the arbitrability of a Claim. By agreeing to arbitration, you and StorageHunt understand that you are waiving the right to sue in court or have a jury trial for all Claims, except as otherwise expressly provided in this Arbitration Agreement.

 

(b) Prohibition of Class Actions and Non-Individualized Relief.

 

Both you and StorageHunt agree to bring Claims in arbitration solely on an individual basis and not as part of a class, collective action, or representative proceeding. This means that you waive the right to pursue Claims as a plaintiff or class member in any purported class, collective, or representative action, except for representative Private Attorneys General Act (PAGA) claims brought against StorageHunt.

 

The arbitrator has no authority to consider or grant relief on a class, collective, or representative basis. Declaratory or injunctive relief will be awarded only to the individual party seeking relief and to the extent necessary to address their individual claims.

 

In case the enforceability of the Class Action Waiver is disputed, such disputes may be resolved by a court and not by an arbitrator. If a court determines that the Class Action Waiver is unenforceable for any Claim or remedy, that specific Claim or remedy may be pursued in court, while the Class Action Waiver will still be enforced for all other Claims or remedies.

 

(c) Representative PAGA Waiver.

 

Both you and StorageHunt agree not to bring representative actions under the Private Attorneys General Act of 2004 (PAGA) or similar laws in court or in arbitration. Any PAGA claims must be resolved in arbitration on an individual basis only, and such claims cannot be used to resolve the claims or rights of other individuals collectively. Disputes regarding the scope, applicability, or enforceability of this representative PAGA Waiver will be resolved by a civil court, not an arbitrator.

 

(d) Rules Governing the Arbitration.

 

Arbitration conducted under this Agreement will be administered by the American Arbitration Association (AAA) pursuant to its Consumer Arbitration Rules, as modified by this Agreement. The arbitrator may allow reasonable discovery of non-privileged information relevant to the Claim and may provide individualized remedies available in court. The arbitrator's decision will be provided in writing and is final and binding, subject to judicial review in a court of competent jurisdiction.

 

The arbitrator will decide claims according to applicable law and honor all claims of privilege recognized by law. The arbitrator is bound by rulings in prior arbitrations involving the same parties but not bound by rulings in arbitrations involving different parties

.

(e) Arbitration Fees and Awards.

 

The payment of filing and arbitration fees will be governed by the relevant AAA Rules. StorageHunt will pay all AAA filing and arbitration fees if it initiates arbitration. If a Seller initiates arbitration for specific Claims listed in Section 17(e)(2), StorageHunt will pay all unique arbitration costs, and the Seller may be responsible for a portion of the filing fee, as specified in the AAA Rules or applicable law.

 

Each party will bear its own attorneys' fees and costs that are not unique to arbitration. The arbitrator may award reasonable fees and costs to the prevailing party to the extent authorized by applicable law.

 

If the arbitrator awards you an amount greater than StorageHunt's last written settlement offer made after a good faith negotiation process, StorageHunt will pay you the amount of the award or $1,000, whichever is greater.

 

(f) Location and Manner of Arbitration.

 

Arbitration hearings will take place in the county of your billing address for Buyers and in the county where the Seller provides Storage Auction Services for Sellers, unless you and StorageHunt agree otherwise. If AAA arbitration is unavailable in your county, the hearings will take place in the nearest available location for AAA arbitration.

 

 

(g) Exceptions to Arbitration.

 

 

This Arbitration Agreement does not require arbitration of certain types of claims, including small claims actions within the jurisdiction of a small claims court, representative PAGA actions where the representative PAGA Waiver is deemed unenforceable, claims for workers' compensation, state disability insurance, unemployment insurance benefits, claims not subject to arbitration under applicable law, and individual claims of sexual assault or harassment related to the use of the StorageHunt Platform, StorageHunt Services, or Storage Auction Services.

 

 

 

 

TERM AND TERMINATION

This Agreement becomes effective upon your acceptance. It may be terminated under the following conditions:

 

(a) You, as the User, can terminate this Agreement without cause by providing seven (7) days' prior written notice to StorageHunt.

 

(b) Either Party can terminate this Agreement immediately, without notice, if the other Party materially breaches this Agreement.

 

Additionally, StorageHunt reserves the right to terminate this Agreement or deactivate your User account under the following circumstances:

 

(1) If you no longer qualify as a User.

 

(2) If you no longer meet the qualifications to provide Rideshare Services or operate the approved vehicle under applicable law, rule, permit, ordinance, or regulation.

 

(3) If your star rating or cancellation threshold falls below StorageHunt's requirements.

 

(4) If StorageHunt has a good faith belief that such action is necessary to protect the safety of the StorageHunt community or third parties.

 

However, in cases of deactivation pursuant to (1)-(4) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to rectify the issue to StorageHunt's reasonable satisfaction before StorageHunt permanently terminates the Agreement.

 

For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is remedied promptly and to StorageHunt's satisfaction, this Agreement will not be permanently terminated. Certain sections of this Agreement will survive any termination.

 

 

 

NO WAIVER 

The failure of either party to enforce any provision of these Terms of Service at any time or for any period shall not be construed as a waiver of such provision or the right to enforce it in the future. No waiver of any term or condition of these Terms of Service shall be effective unless it is expressly stated to be a waiver and is signed by both parties. Any waiver of a particular provision shall not constitute a waiver of any other provision, nor shall it affect the validity or enforceability of the remaining provisions of these Terms of Service.

 

 

 

GENERAL 

By agreeing to this, you acknowledge that StorageHunt may, at its sole discretion, automatically assign this Agreement and all incorporated agreements by providing notice to you. However, you are not allowed to assign this Agreement without StorageHunt's prior written approval. Any purported assignment by you in violation of this provision will be void. If you need to provide any notices to StorageHunt, you should do so by email to [email protected]

 

StorageHunt will deliver any notices to you through the StorageHunt Platform or via the email address or physical address you provided during the registration process. The headings in this Agreement are for reference purposes only and do not define, limit, construe, or describe the scope or extent of the respective sections. The words "include," "includes," and "including" are interpreted to be followed by the phrase "without limitation."

 

If one party fails to act concerning a breach by the other party, it does not constitute a waiver of the right to act with respect to subsequent or similar breaches. Any such waiver must be in writing. This Agreement represents the entire understanding and agreement between you and StorageHunt regarding the subject matter and supersedes all previous understandings and agreements, whether oral or written, between the parties.

 

If you have any inquiries about the StorageHunt Platform or StorageHunt Services, please contact us through our Help Center.

 

 

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