By clicking “I ACCEPT,” or by downloading, installing, or otherwise accessing or using the Service, you, the individual clicking “I ACCEPT” or downloading, installing, or otherwise using the Service (“you,” “your”), agree that you have read and understood, and, as a condition to your use of the Service, agree to be bound by the following terms and conditions, including the Stache Privacy Policy www.stache.com/terms (together, these “Terms”). Your use of the Service, and Stache’s provision of the Service to you, constitutes an agreement by Stache and by you to be legally bound by these terms. IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE IN ACCORDANCE WITH SECTION 2, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE AND YOU MAY NOT USE THE SERVICE.

You understand and agree that, as further described below:

ARBITRATION NOTICE.  Except for certain kinds of disputes described in Section 22, you agree that disputes between you and Stache arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND STACHE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 22).

The Service provides a platform through which Hosts may advertise Spaces to Stachers, and Hosts and Stachers may transact for Stachers to store their Goods in Hosts’ Spaces.

1.1  For purposes of these Terms:

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an individual accepting these terms on behalf of an entity, organization, or company, you represent and warrant that you have authority to enter into these Terms on such entity’s behalf, and to bind such entity to these Terms.

To access certain features of the Service, including to create a Listing, make a Request, or transact a Booking on or through the Service, you must register for an account with Stache. When you register for an account with Stache, you may be required to provide us with some information about yourself, such as your name, email address, phone number, Google or Facebook single sign-on information, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@stache.com. You may not have more than one active account on the Service. Stache reserves the right to suspend or terminate your account and your access to the Service if you create more than one account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete.

4.1  Limited License.  Subject to your complete and ongoing compliance with these Terms, Stache hereby grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable (a) license to install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace, such as the Apple App Store, on a mobile device that you own or control; and (b) right to access and use the Service solely for the purpose of transacting for storage as permitted by these Terms.

4.2  License Restrictions.  Except, and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use the Service.

4.3  Feedback.  If you provide any input and suggestions regarding issues with, or proposed modifications or improvements to, the Service (“Feedback”), then you hereby grant Stache an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and to create other products and services.

The Service is owned and operated by Stache. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Stache are protected by intellectual property and other laws. All Materials included in or made available through the Service are the property of Stache and/or its third party licensors. Except as expressly authorized by Stache, you may not make use of the Materials. Stache reserves all rights to the Materials not granted expressly in these Terms.

6.1  Third Party Services and Linked Websites.  Stache may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Stache with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Stache may transfer that information to the applicable third party service. By accessing and using any such third party service, you are subject to the terms of use and privacy policies of any such third party service. Third party services are not under Stache’s control, and Stache is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Stache’s control, and Stache is not responsible for their content.

6.2  Third Party Software.  The Service may now or in the future include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

7.1  Creating a Listing.  As a Host, you may create Listings on or through the Service. To create a Listing, you will be required to provide certain information about the applicable Space. Such information may include, but is not limited to, the address, location, size, features, and availability of the Space, as well as the pricing and rules associated with the storage of Goods in the Space. To create a Listing via the Service, the Space to be included in the Listing must have a valid physical address. Listings will be made publicly available via the Service. Stachers will be able to submit a Request to you via the Service for the storage of Goods in the Space advertised in your Listing. You agree that once a Stacher submits a Request for your Space, you may not require that Stacher to pay a greater Booking Fee than, or any fees in addition to, those fees agreed to by the Stacher upon submitting the Request.

7.2  Listing Representations and Warranties.  As a Host, you acknowledge and agree that you alone are responsible for any and all Listings you post to the Service. Accordingly, if you are a Host, you represent and warrant that (a) any information contained in a Listing you post is complete, true, and accurate; (b) you have all rights necessary to store Goods in the Space associated with a Listing (including having all required permits, licenses and registrations); and (c) that storing Goods in your Space: (i) does not and will not conflict with the rights of any third parties or breach any agreements you have entered into with any third parties, including, without limitation, any homeowners association, condominium, lease or rental agreements; and (ii) is and will be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), tax requirements, rules, and regulations. Stache assumes no responsibility for a Host’s compliance with any agreements with or obligations to third parties, applicable laws, rules, or regulations.

7.3  Listing Disclaimer.  STACHE CANNOT, AND DOES NOT, CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, EGALITY, OR SUITABILITY OF ANY LISTING. STACHE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. Stache reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.

8.1  Requests.  By submitting a Request via the Service, the Stacher is making an offer to transact for the requested Booking. If you are a Stacher, you agree that Stache may charge your Payment Method the Total Fees for any Booking requested in connection with your Stache account. In connection with submitting a Request, the Stacher will be required to provide the desired Booking Term, as well as a valid Payment Method that may be charged for all fees corresponding to the requested Booking.

8.2  Acceptance of Requests.  If you are a Host and you receive a Request via the Service, you will be required to either accept or reject such Request within 72 hours of when the Request is submitted (the “Acceptance Period”). When a Request is accepted by a Host, the Host agrees to pay the Host Fee corresponding to the requested Booking, and the requested Booking is confirmed. If Host does not accept or reject a Request within the Acceptance Period, the Request will be automatically cancelled. Upon confirmation of the Booking, the Stacher and the Host will receive a confirmation email from Stache summarizing the confirmed Booking.

8.3  Booking Agreements

8.4  Payment Collection.  Notwithstanding anything else contained herein, you agree that all payments for Bookings transacted on or through the Service must be made on or through the Service in accordance with the payment terms set forth below.

9.1  Payment Terms for Stachers

9.2  Payment Terms for Hosts

If you are a Stacher, you:

10.1    represent and warrant that you: (a) will not store any Prohibited Goods; (b) will not use the Space for any unlawful purpose or for any purpose other than for the storage of personal property; and (c) will not do anything that will interfere with the Host’s reasonable enjoyment of the rest of the premises;

10.2    undertake to pay the Total Fee in accordance with these Terms;

10.3    agree that you will comply with the rules related to storing Goods in the Space, and any access and security arrangements in the Booking Agreement, or as otherwise agreed to by you and the Host, and to keep safe any keys or other items used to access the Space;

10.4    will retake possession of the Goods, vacate the Space completely, and remove all contents and debris and leave the Space in good “broom clean” condition at or before expiration or termination of the Booking; and

10.5    are responsible for all damage to the Space that is caused by the objects stored or by your negligent acts or omissions.

10.6    Renter agrees that the use of the Space is at Renter's sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Renter’s property, Host shall have no liability to Renter or Renter's invitees for any personal or bodily injury except in the event of Host’s gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims or causes of action Renter may have against Host, in the event of personal or bodily injury to Renter or Renter’s invitees, except as a result of Host’s gross negligence or willful misconduct.

If you are a Host, you:

11.1    agree that the Goods are stored by you as bailee, and that you are responsible for taking reasonable care to ensure the return of Goods in the state they were in when put in the Host’s possession;

11.2    will make the Goods and the Space available to the Stacher at Stacher’s reasonable request upon 48-hours’ notice by Stacher, and as advertised in the Listing, except to the extent that you provide the Stacher reasonable advance notice that access to the space or the goods will not be available during a certain period of time;

11.3    will be deemed to have taken possession of the Goods upon deposit in the Space;

11.4    agree to never insist, ask, or insinuate to a Stacher that he or she pay any or all of the Booking Fees directly to Host with a check, cash, or any payment method rather than by payment through Stache;

11.5    will not make or allow simultaneous Bookings for the same Space;

11.6    will immediately notify the Stacher in the event that there has been any loss, damage or theft of any Goods, or any damage or changes to the Space that might affect or lead to damage of the Goods; and

11.7    will not move, interfere with or make any use of the Goods without the Stacher’s express written permission.

12.1  Termination of Booking for Convenience

12.2  Termination for Non-Payment.  If an automatic payment of the Total Fee is unsuccessful, or any payment of the Total Fee is not received by Stache when due for a Billing Period, the Stacher and Host will be notified by Stache. In the event that payment is not remitted within 14 days of being due, Host may deny the Stacher access to the Space or Host’s property until the default is cured. In the event that payment is not remitted by the end of that Billing Period, the Booking shall terminate, and the Host may: (a) give the Stacher 3 days’ notice to retake possession of the Goods; and (b) exercise any other remedy allowed by law.

12.3  Lock Cutting Fee.  If the renter fails to complete a payment(s) for an entire booking period, the booking will default and the renter is subject to a $100 lock cutting fee in order to remove their belongings.

12.4  Late Payment Fee.  If a booking has begun and the renter completes a payment after the due date, the renter is subject to a late fee of $20/week.

12.5  Abandoned Goods.  If the Stacher does not reclaim Goods upon expiration or termination of the Booking (“Abandoned Goods”) such items may be removed by Host and shall be subject to forfeiture by Stacher. A Host is entitled to sell or dispose of Abandoned Goods; provided that: (a) the Host first notifies Stache with full particulars of the Goods; and (b) the Host follows all reasonable directions of Stache, including Stache’s direction to remit or retain any remaining proceeds of sale.

13.1  User Content Generally.  Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, data, text, and other types of works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

13.2  Limited License Grant to Stache.  By providing User Content to or via the Service, you grant Stache a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting or display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

13.3  Limited License Grant to Other Users.  By providing User Content to the Service, or making User Content available to other users via the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

13.4  User Content Representations and Warranties.  Stache disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content to or via the Service. By providing User Content to or via the Service, you affirm, represent, and warrant that:

13.5  User Content Disclaimer.  We are under no obligation to edit or control User Content that you or other users post or publish, including in connection with any user profile, Listing, or Request, and we will not be in any way responsible or liable for User Content. Stache may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do hereby waive, any legal or equitable right or remedy you have or may have against Stache with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

13.6  Monitoring Content.  Stache does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Stache reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Stache chooses to monitor the content, Stache still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with the Stache Privacy Policy www.stache.com/terms.

For the purpose of transparency and preventing fraud, and as permitted by applicable laws, we may, but are not obligated to (i) ask Registered Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Registered Users, (ii) screen Registered Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Registered User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). Notwithstanding the previous sentence, Stache does not assume any responsibility for the confirmation of any Registered User’s identity or background.

15.1  DMCA Notification.  We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet rvice providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address.

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

15.2  Repeat Infringers.  Stache will promptly terminate the accounts of users that are determined by Stache to be repeat infringers.

BY USING THE SERVICE, YOU AGREE NOT TO:

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you may be required to accept the modified Terms in order to continue to use the Service. Modifications requiring your acceptance are effective upon your acceptance of the modified Terms. All other modifications are effective upon publication. Except as expressly permitted in this Section 17, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

18.1  Term.  These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 18.2.

18.2  Termination.  If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Stache may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time via the “Cancel Account” feature on the Service, or by contacting customer service at support@stache.com. If your Stache account is terminated or cancelled, we do not have an obligation to delete or return any User Content you have posted to the Service.

18.3  Effect of Termination.  Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Stache any unpaid amounts that were due prior to termination; (d) we will pay you any amounts we reasonably determine we are legally obligated to pay you; (e) all payment obligations accrued prior to termination and Sections 4.3, 5, 13.2, 18.3, 19, 20, 21, 22 and 23 will survive; (f) if you are a Stacher, any existing Booking shall be deemed terminated as if terminated by the Host for breach pursuant to Section 12.3(a); and (g) if you are a Host, any existing Booking shall be deemed terminated as if terminated by the Stacher pursuant to Section 12.3(b).

18.4  Modification of the Service.  Stache reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Except for any outstanding payment obligations to you as a Host, Stache will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

You are responsible for your use of the Service, and you hereby agree that you will defend and indemnify Stache and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Stache Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party, including any other user of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. STACHE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. STACHE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND STACHE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

STACHE MAKES NO WARRANTY REGARDING: (A) THE QUALITY OF THE SERVICE OR ANY MATERIALS, CONTENT, LISTINGS, OR SPACE; OR (B) THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY LISTING, MATERIALS OR CONTENT OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR STACHE ENTITIES, NOR ANY LISTING, REQUEST, BOOKING TRANSACTED VIA THE SERVICE, OR MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE STACHE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

STACHE MAKES NO WARRANTY AS TO THE CONDUCT OF USERS OF THE SERVICE. YOU UNDERSTAND THAT STACHE DOES NOT MAKE ANY ATTEMPT TO, AND DOES NOT HAVE ANY OBLIGATION TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE, OR TO REVIEW OR VISIT ANY SPACE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN, AND STACHE WILL HAVE NO RESPONSIBILITY FOR, ANY COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, STACHERS AND HOSTS. STACHE MAKES NO WARRANTY THAT ANY SPACE WILL MEET YOUR REQUIREMENTS, BE SECURE, OR BE OTHERWISE ACCESSIBLE TO YOU. STACHE IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM, OR IN CONNECTION WITH: (A) YOUR USE OF THE SERVICE (INCLUDING DAMAGE TO YOUR PROPERTY SUCH AS YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE OR ANY LOSS OF DATA SUCH AS USER CONTENT); (B) ANY BOOKING TRANSACTED THROUGH THE SERVICE (INCLUDING TO YOUR SPACE OR GOODS); OR (C) YOUR DEALING WITH ANY OTHER USER.

NOTWITHSTANDING STACHE’S APPOINTMENT AS THE LIMITED AGENT OF HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM STACHERS ON BEHALF OF HOSTS, STACHE EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY STACHER, HOST OR ANY THIRD PARTY.

HOWEVER, STACHE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT STACHE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

21.1  Waiver of Consequential Damages.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE STACHE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE, OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY STACHE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

21.2  Limitation of Stache’s Liability as Payment Agent.  IF YOU ARE A HOST FOR WHOM STACHE ACTS AS AN AGENT FOR THE PURPOSES OF ACCEPTING PAYMENTS, THEN EXCEPT AS PROVIDED IN SECTION 22.4(iii), AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF STACHE TO YOU FOR ANY CLAIM ARISING OUT OF STACHE’S OBLIGATIONS TO YOU AS AN AGENT FOR THE PURPOSES OF ACCEPTING PAYMENTS ON YOUR BEHALF, WHETHER IN CONTRACT, TORT, OR OTHERWISE IS LIMITED TO THE GREATER OF: (A) ANY UNPAID AMOUNTS OWED TO YOU BY STACHE; OR (B) $100.

21.3  Limitation of Stache’s Liability Generally.  EXCEPT AS PROVIDED IN SECTION 22.4(iii) AND SECTION 21.2, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF STACHE TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF STACHER FEES AND HOST FEES YOU HAVE PAID TO STACHE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, IF ANY; OR (B) $100.

21.4  Basis of the Bargain.  EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 21 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

22.1  Generally.  In the interest of resolving disputes between you and Stache in the most expedient and cost effective manner, and except as described in Section 22.2, you and Stache agree that every dispute arising in connection with these Terms will be resolved by confidential, binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STACHE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

22.2  Exceptions.  Despite the provisions of Section 22.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

22.3  Arbitrator.  Any arbitration between you and Stache will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Stache. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

22.4  Notice of Arbitration; Process.  A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Stache’s address for notice is: Stache, Inc., 855 El Camino Real #13A-126 Palo Alto, CA 94301. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Stache may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Stache must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Stache will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Stache in settlement of the dispute prior to the arbitrator’s award; or (iii) $10,000.

22.5  Fees.  If you commence arbitration in accordance with these Terms, Stache will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Stache for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

22.6  No Class Actions.  YOU AND STACHE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Stache agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

22.7  Modifications to this Arbitration Provision.  If Stache makes any future change to this arbitration provision, other than a change to Stache’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Stache’s address for Notice of Arbitration, in which case your account with Stache will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

22.8  Enforceability.  If Section 22.6 is found to be unenforceable or if the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 23.1 will govern any action arising out of or related to these Terms.

These Terms, together with the Stache Privacy Policy www.stache.com/terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Stache regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including, but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

This Section 24 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Stache only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

We offer protection of up to $25,000 for every renter. You can choose your protection plan upon booking.

To help Stache run smoothly and to cover the costs of the products and services we provide, like 24/7 customer support and $1 million in liability insurance for our hosts, we charge a platform fee when a booking is confirmed. We split the fee between the renter and the host. For renters, this platform fee is 10% of the monthly cost of the space. For hosts, we deduct 5% from their payout.