RecRental, LLC – Third Party Listings Terms of Service | RecNation Storage

RecRental, LLC – Third Party Listings Terms of Service


This Third party Listings Terms of Service (the “Agreement”), is made and entered into as of the date this agreement is electronically signed or the box is checked on the Platform (the “Effective Date”), by and between RecRental, LLC, a Delaware limited liability company (“RecNation,” “we,” “us” or “our”), the Renter(s) (“Renter,” “I,” “you” or “your”), the Host(s) (“Host”, “you” “your”) in context of the paragraph, and contains the terms and conditions applicable to Renter’s and Host’s responsibilities and obligations when renting or listing a storage unit on the RecNation Platform.

SECTIONS 16 OF THE TERMS OF SERVICE OF THIS AGREEMENT CONTAIN INDEMNITY AND ARBITRATION PROVISIONS THAT REQUIRE THE HOST AND RENTER TO INDEMNIFY AND RELEASE RECNATION FOR CERTAIN LIABILITIES (AS DEFINED IN THE TERMS AND CONDITIONS), WHETHER OR NOT SUCH LIABILITIES WERE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF RECNATION.

Electronic Signature

By clicking the appropriate check boxes on the Booking Platform, this Agreement and the Terms and Conditions hereto will become a binding contract upon the Renter and Host and RecRental. You agree that your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement.

1.Key Terms

1.1 RecRental, LLC (hereafter referred to as “RecNation”, “we”, “us”, or “our”) provides an online platform that connects Hosts who rent Space to Renters (collectively, the “Services”).

1.2 In this document, the terms “Service” or “Services” refer to any services we offer, including, but not limited to, all RecNation web applications, mobile applications, and other software, helpdesk services, beta versions, and the website accessible at www.recnationstorage.com and its associated content (collectively, the “Site”) as well as any and all marketing channels where Collective Content may be disseminated in RecNation’s sole discretion.

1.3 The terms “you” or “your” refer to the users of the RecNation Service. The term “Host” refers to the person who publishes and offers Space for the storage of Stored Items.

1.4 The term “Renter” refers to the person who receives a temporary license under these Terms to use the Host’s Space for the storage of Stored Items.

1.5 The term “Space” refers to the area of the Host’s property licensed, rented, or offered for rental by a Host.

1.6 The term “Listing” refers to the searchable description advertising the Host’s Space as found on this Site or the Services.

1.7 The term “Add-on(s)” refers to the additional items and services that may be identified in a Listing and offered and provided by the Host in connection with the Space.

1.8 The term “Stored Items” refer to the property or goods of the Renter that are stored in the Host’s Space.

1.9 The term “Booking” refers to a confirmed transaction between Host and Renter whereby Renter stores its property in a Host’s Space.

1.10 “RecNation Content” means all Content that RecNation makes available through the Site including any Content licensed from a third party but excluding Host or Renter Content.

1.11 The Term “RecNation Account” refers to the Host’s account they have with RecNation’s third-party backend system (SiteLink) that dictates available storage units, price, tax rates, etc.. which the Host has control to modify and update as needed.

1.12 The term “RecNation Platform” or “Booking Platform” refers to RecNation’s website where the Host’s listing will be visible and available for Booking by Renters.

2. Terms Relating to Service

2.1 RecNation’s Responsibilities. RecNation makes available a platform or marketplace with related technology for Renters and Hosts to meet online and arrange for Bookings of storage at Host facilities. For the third-party listings provided by Hosts, RecNation is not an owner or operator of Host Listings/Spaces, nor is it a real estate broker, real estate agent, insurer, or escrow agent. RecNation does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Host Listings/Spaces. RecNation’s responsibilities are limited to facilitating the availability of the Site, Services, and its platform. RecNation does not act as an agent for any Host or Renter except for the limited purpose of accepting payments from Renters on behalf of the Host. Users of the Services understand that the Host’s and Renter’s relationship with RecNation are that of an independent individual or entity and not an employee, joint venturer, or partner of RecNation. RecNation has no control over the conduct of Hosts, Renters, or other users of the Site and Services, and disclaims any and all liability.

2.2 Agreement To Terms. By using the Site or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a Host or Renter, or other registered user of the Services. These Terms govern your access to and use of the Site and Collective Content (defined below), which constitute a binding legal agreement between (i) you and RecNation and (ii) a Renter and Host. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site or Collective Content. Unauthorized or improper use of the Services or a violation of the Terms set forth herein may result in you being banned from the site and any use of the Services, Site and RecNation’s platform or other service and may subject you to civil liability and/or criminal penalties.

2.3 Host And Renter Agreements. YOU UNDERSTAND AND AGREE THAT RECNATION IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, AND YOU AGREE NOT TO INVOLVE RECNATION IN ANY DISPUTE BETWEEN HOSTS AND RENTERS, EXCEPT AS THESE TERMS EXPRESSLY REQUIRE RECNATION TO BE INVOLVED. SIGNED WRITTEN AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS WILL SUPERSEDE AND TAKE PRECEDENCE OVER CONFLICTING TERMS HEREIN AS IT RELATES SOLELY TO THE RIGHTS AND OBLIGATIONS OWED BY RENTERS TO HOSTS AND HOSTS TO RENTERS. ANY AGREEMENT BETWEEN HOSTS AND RENTERS WILL NOT MODIFY OR IMPACT HOSTS’ AND RENTERS’ OBLIGATIONS TO RECNATION UNDER THESE TERMS OR RECNATION’S RIGHTS UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ALL PAYMENTS FROM RENTERS TO HOSTS RELATED TO THE BOOKING OR USE OF THE SPACE MUST BE PROCESSED THROUGH THE RECNATION PLATFORM.

2.4 Know Your Legal Obligations. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO BECOME FAMILIAR WITH AND ABIDE BY ANY LAW OR OTHER REGULATION THAT RELATES TO THE RENTAL AND/OR USE OF THE SPACE, INCLUDING ANY REQUIREMENT FOR HOSTS TO REGISTER OR OBTAIN A LICENSE OR PERMIT BEFORE LISTING A SPACE (“APPLICABLE LAW”). RECNATION DOES NOT ADVISE ON ISSUES RELATED TO APPLICABLE LAW. IF YOU HAVE ANY QUESTIONS ABOUT HOW APPLICABLE LAWS APPLY, YOU SHOULD ALWAYS SEEK LEGAL ADVICE.

2.5 Listing Content And Suitability Of Space. The Site and Services are intended to be used to facilitate the Booking of Space at a Host storage location. RecNation cannot and does not control the Content contained in any Host Listing nor the condition, legality, or suitability of any Space or Add-on. RecNation does not represent, warrant, or guarantee the Host’s ownership of or legal right or ability to list any Space. Renters are solely responsible for determining the suitability/legality of any Space and Add-on to meet their needs. RecNation is not responsible for, and disclaims any and all liability related to, any and all Host Content, Listing, Space, and Add-on, including the suitability/legality of any Space and provision of any Add-on. Accordingly, any Bookings and related Add-ons will be made at the Host’s and Renter’s own risk.

2.6 Authority. You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any Content from or on the Site or through the Services, or by referring others, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site, mobile/web application, or Services. If you do not agree to these Terms, then you have no right to access or use the Site, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity, and its successors and assignors.

2.7 Age Requirement. The Site is intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years of age or older.

3. Nondiscrimination Policy

3.1 Compliance With Applicable Law. RecNation is, at its core, an open community dedicated to connecting people to improve storage accessibility. RecNation welcomes and services an incredibly diverse community, drawing together individuals of different cultures, values, and norms. To remain a Host or Renter, you are required to comply with all Applicable Laws, whether federal, state, or local, including those relating to diversity and non-discrimination. In addition, you may not:

3.2 When Renters Are Turned Down. Hosts should keep in mind that no one likes to be turned down. While a Host may have, and articulate, lawful and legitimate reasons for turning down a potential Renter, it may cause that Renters of our community to feel unwelcome or excluded. Hosts should make every effort to be welcoming to Renters of all backgrounds. Hosts who demonstrate a pattern of rejecting Renters from a protected class (even while articulating legitimate reasons) undermine the strength of our community by making potential Renters feel unwelcome, and RecNation may remove such Hosts from the RecNation platform and/or prohibit their use of the Site and/or Services.

4. Listings

4.1 Creation Of Listings. As a Host, you may create Listings on your RecNation account. RecNation requires a minimum of 5 vacant units per facility per month. If the Host does not meet this threshold in any month, RecNation has the ability to remove the facility from their platform. To this end, you may be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, availability, and pricing and related rules and financial terms. In order to be featured in Listings via the Site and/or Services, all Space must have a valid physical address. Listings will be made publicly available via the Site and Services. Other Renters will be able to book your Space via the Site and Services based upon the information provided in your Listing.

4.2 Host Responsible For Listings & Add-Ons. You acknowledge and agree that you are responsible for any and all Listings you post, including ensuring the accuracy of the description of the Space, related features, and the provision of any Add-ons. You acknowledge that as a Host, you have the legal right and authorization to list and rent out spaces at the specified facility. Accordingly, you represent and warrant that any Listing you post and the Booking of, or Renter’s use of, a Space or Add-on in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space or Add-on included in a Listing you post, including, but not limited to, zoning laws, licensure requirements, and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. You further represent and warrant that you own or otherwise have all necessary legal rights and permissions to rent through the RecNation platform the Space contained in Listings you post and to provide the Add-ons described in the Listing. Hosts and Renters acknowledge and agree that RecNation is not responsible nor liable in any way for a Host’s violation of (i) these Terms, (ii) any representation or warranty herein, or (iii) any applicable laws, rules and regulations. Hosts are solely responsible for all damages, losses, and expenses caused by Listing a Space they do not own or otherwise have the legal right or permission to offer to rent through the RecNation platform, including any damages, losses, and expenses incurred by a Renter in connection with a Booking of such Space, and such Hosts agree to reimburse RecNation for any damages, losses, and expenses incurred by RecNation. Add-ons are offered and provided exclusively by the Host, and RecNation makes no representations, guarantees, or warranties related to the Add-ons. In no event is RecNation responsible whatsoever for the safety, quality, condition, provision, operation, or performance of any Add-ons, and the Host is solely and completely responsible for such Add-ons and shall fully defend, hold harmless, and indemnify RecNation in the event of any losses or claims or injuries related to, arising out of, or resulting from any Add-on.

4.3 RecNation’s Right To Remove Listings. RecNation reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that RecNation, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Applicable Law or otherwise harmful to its community or the Site or Services. Additionally, RecNation has the right in its sole discretion, and at any time and without prior notice, to rank Listings lower in search for any reason, including, among other things, the Host’s level of responsiveness to messages received through the Site.

4.4 Space Description. Each Host must provide a truthful and accurate description of the Space in a Listing. If a Host misrepresents a Space or otherwise provides inaccurate or incomplete information about a Space in a Listing, as determined by RecNation in its sole discretion, (a) RecNation may, in its sole discretion, determine if and the extent to which the applicable Renter is entitled to a refund and (b) the Payout Guarantee (as defined below), if applicable, is void with respect to such Listing. Additionally, RecNation may, in its sole discretion, (i) refuse to pay Host amounts refunded to Renter, (ii) withhold current or future payouts to Host, (iii) otherwise charge or pull back payouts to Host, or (iv) seek all legal remedies against Host for Host’s violation of this provision or these Terms. If Renter believes the Space does not match the description in the Listing or is otherwise not as anticipated, Renter may refuse to rent the Space. However, in the event Renter moves Stored Items into the Space, Renter confirms the Listing description is accurate and confirms Renter’s acceptance of the Booking.

4.5 Host Responsible For Host’s Actions. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Space at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Space, if applicable). Hosts agree to use the Space’s existing security features (e.g., doors, garage doors, gates, locks, cameras, etc.), if any, to reasonably protect the Stored Items from damage or theft. Hosts agree to correspond with RecNation and, upon request, provide information related to Bookings and Listings, including providing information related to damages or theft of Stored Items and other claims by Renters.

4.6 Taxes. The sole responsibility for the determination, collection, remittance, and reporting of taxes from or on behalf of Renters or Hosts is on the Renter or Host. In certain jurisdictions, RecNation may facilitate the collection and remittance of certain taxes from or on behalf of Renters or Hosts, based on existing and future tax regulations, including marketplace facilitator regulations. The amount of taxes, if any, collected and remitted by RecNation will be visible and separately stated during checkout. In jurisdictions where RecNation does not collect applicable taxes, each Host is responsible for determining applicable taxes and for including any such taxes in Listings. RecNation is neither responsible nor liable for notifying, collecting, or paying any such taxes. RecNation cannot and does not offer tax-related advice to any Hosts of the Site and Services.

4.7 First Month Payments Must Be Made On Platform. You agree that since RecNation has generated the customer for the Host, the Renter will pay the first month of rental payment on the RecNation platform, and thereafter, the Renter can be engaged in a lease directly with the Host’s own platform. You agree to never solicit the lead to engage in a lease, license, or rental of a Space outside of the RecNation platform which would allow them to get around the first month referral payment on RecNation’s platform. Hosts agrees that all first-month payments for that Renter will be through the RecNation platform and will be tracked accordingly. Renters also agree to never ask a Host to receive any or all of the fees directly, and Renter agrees to never make payment directly to Host. If a Host or Renter violates this prohibition, RecNation may immediately cancel the Host’s and/or Renter’s account, Host and Renter will remain liable for the applicable fees, and Host and Renter shall pay RecNation an amount equal to 2 months of Total Fees to partially compensate for administrative costs and not as a penalty. RecNation may collect such fees by, among other things, deducting the fees from amounts owed to Host or otherwise charging the Host’s and/or Renter’s account. Any deduction and/or payment hereunder shall not limit RecNation from pursuing any other remedy to which it is entitled hereunder or pursuant to Applicable Law. Any dispute and/or litigation between Renters and Hosts regarding direct payments in violation of this section shall be between Hosts and Renters exclusively and shall not name or otherwise include RecNation as a party.

5. Payment Authorization

In connection with your Booking, you will be asked to provide customary billing and payment information, including your name, address and credit card or other payment information, either to RecNation or its third party payment processor, and you agree RecNation and/or its third party payment processor may store such information for future use in the event you owe RecNation any money. If you are directed to RecNation’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using such services. You hereby authorize the collection of all amounts by charging the credit card or other payment method provided as part of requesting the Booking, either directly by RecNation or indirectly via a third party online payment processor or by one of the payment methods described on the Site or Services. Please note that RecNation cannot control any fees that may be charged to a Renter by its bank related to RecNation’s collection of owed amounts, and RecNation disclaims all liability in this regard. You understand and agree that RecNation, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the amounts owed or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card.

6. Insurance

RecNation does not provide insurance to Host facilities or Spaces. Hosts and Renters are responsible to provide their own insurance to cover damages that may occur to the Host’s and/or Renter’s property, including damages to the Stored Items. RecNation is not obligated to provide insurance to protect the Stored Items, and RECNATION DOES NOT HAVE INSURANCE COVERING THE STORED ITEMS AT A HOST SPACE OR FACILITY. RECNATION RECOMMENDS THAT RENTERS PURCHASE INSURANCE FOR THEIR STORED ITEMS, WHICH INSURANCE IS AVAILABLE FROM MOST INSURERS, OR THAT RENTERS PURCHASE AN APPROPRIATE PROPERTY PROTECTION PLAN.

7. Booking and Financial Terms

7.1 Accepting And Declining Bookings. If you are a Host and a Booking is made for your Space via the Site or Services, the Booking will automatically go through, take payment, and move that Renter in. When a Booking is requested via the Site or Services, we will share with you (i) the first and last name of the Renter who has requested the Booking, (ii) a disclosure of the items that the Renter wishes to store, (iii) the start date of the requested Booking period (“Start Date”) and (iv) Renter information such as email, address, phone number, etc.. When a Booking is confirmed by the Renter, the address for the Space will be shared with the Renter, and RecNation will send you an email or text message or other notification confirming the Booking, depending on the selections you make via the Site and Services.

7.2 Fees. The fees displayed in each Listing include the Space Fees, Service Fees, Processing Fees and, if applicable, any additional fees (e.g., Add-on fees, access or key fob fees, etc.) (“Additional Fees”). Where applicable, taxes may be charged in addition to the Space Fees, Service Fees, Processing Fees, and Additional Fees. The Space Fees, Service Fees, Processing Fees, Additional Fees, and applicable taxes are collectively referred to in these Terms as the “Total Fees”. Unless otherwise indicated, Total Fees in the Listing are displayed on a monthly basis. The amounts due and payable by a Renter solely relating to a Host’s Space are the “Space Fees”. Please note that it is the Host and not RecNation, which determines the Space Fees. Space Fees may also include applicable taxes if included by the Host. RecNation charges a platform fee to Renters, which is referred to herein as “Service Fees”. The standard Service Fee is set forth in the documentation communicated to Renters at the time they receive a confirmed Booking and may change from time to time after notice to Renters. “Processing Fees” are to cover the merchant services and direct deposit or ACH processing that RecNation uses to process payments. The Host will be responsible for paying the Processing Fees in full. Hosts authorize RecNation to deduct a sum from the Space Fees to cover the Processing Fees. Except as otherwise provided herein, Service Fees and Processing Fees are non-refundable.

7.3 Renter Payment. Each Renter agrees to pay RecNation the Total Fees for any Booking requested in connection with your RecNation Account if the Host confirms such requested Bookings. Such payment shall be made in accordance with these Terms by one of the methods described on the Site or Services. If a Renter is successful in pursuing a dispute with their bank for charges they are obligated to pay pursuant to these Terms, Renter acknowledges and agrees that they still owe such amount to RecNation. Failure to make payment, will result in the Booking being unsuccessful and the Renter does not have access or permission to the Space.

7.4 Host Payments; Host Receipt of Space Fees. RecNation will collect from Renter via the RecNation Platform the Total Fees at the time of Booking confirmation. Unless Host and RecNation agree otherwise in writing, the Booking period is only the first month on the Start Date. The payment for that Space will go directly to the Hosts bank account which is linked to their RecNation Account. At the end of each monthly period (“Monthly Period”), RecNation will invoice the Host and make an automatic ACH withdrawal from their bank account for the referral commission fee (“Referral Fee”) earned for the Bookings over the course of the month. The Host will pay a Referral Fee to RecNation equal to $150 for each Booking over the course of the month. By placing a Booking through the Services, Renter agrees that all charges processed through the Site are deemed in accordance with these Terms. Hosts acknowledge that Space Fees and Additional Fees will be directly deposited into their bank accounts, net of Processing Fees. If RecNation attempts to transfer Host payouts to a Host’s connected bank account for a period of six (6) months and the Host’s bank account fails to accept such payouts, or if the Host does not have a connected bank account for a period of six (6) months, then the Host is no longer entitled to the payouts. If Renter does not dispute a charge within thirty (30) days of such charge, Renter waives any claim or argument that the charge was made in error or in violation of these Terms.

7.5 Space Move-In and Move-Out Duties. As RecNation is only responsible for collecting the first month’s rent, RecNation has no involvement in the Renter’s move-in, move-out, or storage procedures or duties. These processes are handled solely between the Renter and the Host. Once the Renter is moved in/out of their Space, the Host can re-list or un-list the Space on their RecNation Account accordingly. If there is a Booking directly on the Host’s platform, the Host is responsible for updating the Spaces in their RecNation Account accordingly as to keep RecNation’s platform as up-to-date as possible.

7.6 Renter Cancellation; Refunds. If the Renter cancels a Booking within 24 hours in advance of the start date, the Renter may receive a full refund. Once the Start Date of the Booking has passed, no refunds are allowed.

7.7 Host Cancellation. If a Host needs to cancel a Booking before the Start Date of the Booking, the Renter will receive a full refund. If the Host has made several cancellations, these actions harm the brand and reputation of RecNation and RecNation may kick the Host off the platform or charge a penalty fee.

7.8 Host’s Lease Agreement. At time of Booking, the Renter will receive a copy of the Host’s Lease Agreement which the Renter will need to complete fully and accurately within five (5) days. The lease agreement is subject to the Host’s terms and conditions for storing in their Space.

8. Damage to Stored Items, Bodily Injury, and Theft

8.1 Damages To Stored Items. Hosts are responsible for damages caused by them to the Renter’s Stored Items. To avoid disputes, Hosts are encouraged to record the initial state of the Stored Items. RecNation may, in its sole discretion, halt or withhold Host payouts or otherwise collect amounts from Host due to such Host’s misconduct (including, without limitation, for breach of these Terms) or damage to the Stored Items caused by such Host. Hosts and Renters acknowledge and agree that RecNation is not responsible or liable for any damages to Stored Items.

8.2 Bodily Injuries. 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 Stored Items, 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. Hosts and Renters acknowledge and agree that RecNation is not responsible or liable for any bodily injuries to Host, Renter, or third parties.

8.3 Theft of Stored Items. The Host is not responsible for lost or stolen Stored Items so long as (i) a police report is filed and the police determine that there is evidence of forcible or unlawful entry into the Host’s Space; and (ii) Host’s negligent or intentional conduct did not contribute to the theft (e.g., failing to use the Space’s existing security features). Hosts and Renters acknowledge and agree that RecNation is not responsible or liable for the loss or theft of Stored Items.

9. Use of Space and Prohibited Items

9.1 Use Of Space. RENTER AGREES NOT TO USE THE SPACE FOR ANY UNLAWFUL PURPOSE. THE SPACE IS TO BE USED BY RENTER ONLY FOR STORAGE OF PERSONAL PROPERTY. UNLESS HOST AND RENTER AGREE OTHERWISE, RENTER MAY NOT MODIFY HOST’S PROPERTY OR INSTALL/UTILIZE SECURITY MONITORING SYSTEMS OR CAMERAS ON HOST’S PROPERTY. RENTER MUST COMPLY WITH HOST’S REASONABLE INSTRUCTIONS AS TO WHERE ITEMS MAY BE STORED. USE OF THE SPACE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS IS EXPRESSLY PROHIBITED.

9.2 Prohibited Items. STORAGE OF THE FOLLOWING ITEMS IS EXPRESSLY PROHIBITED (EACH IS A “PROHIBITED ITEM”):

IN ADDITION TO THE ABOVE, SMOKING IN OR AROUND THE SPACE IS EXPRESSLY PROHIBITED. LIVING OR WORKING BY RENTER IN OR AROUND THE SPACE, INCLUDING BUT NOT LIMITED TO, PERFORMING MAINTENANCE OR WORK ON ANY STORED ITEMS (I.E., VEHICLES) IS EXPRESSLY PROHIBITED. RENTERS MAY NOT MAIL ITEMS TO THE SPACE, OR USE THE SPACE AS RENTER’S MAILING ADDRESS.


9.3 Renter’s Breach Of This Section. Upon breach, or Host’s reasonable suspicion of breach, of this section 14 by Renter, the Renter agrees that the Host has the right to immediately terminate the Booking and demand that Renter remove the Stored Items from the Host’s premises. If Renter does not remove the Stored Items as provided herein, Host may take all legally permissible actions, in its reasonable discretion, which actions may include, without limitation, forfeiture and disposal of the Stored Items pursuant to applicable law and the provisions of these Terms. Host may also contact law enforcement or other authorities to report illegal activities of Renter. Additionally, in the event Host allows a boat or other watercraft to be stored in the Space without being properly stored on a trailer, RecNation will not assist Host with removing the boat or watercraft, and Host shall be solely responsible for such removal. If Host reasonably suspects the storage of items in breach of the above prohibitions, or other illegal activities, the Renter hereby gives permission for authorities to search the Stored Items without a warrant. Renter agrees to release, indemnify, and hold Host and RecNation harmless from and against any and all liability arising from or relating to the removal or forfeiture of stored property pursuant to these Terms, or the Renter’s breach, including any allegations or investigations relating thereto. Renter shall forfeit all Space Fees and Service Fees paid up to the date of termination hereunder.

10. No Endorsement

RecNation does not endorse any Hosts, Add-ons, or Space. Although these Terms require Hosts to provide accurate information, RecNation does not attempt to confirm, and does not confirm, the information provided by such Host. Further, you acknowledge that Hosts may provide falsified or fraudulent information that is undetected by the Services, and that you are responsible for determining the identity and suitability of others whom you contact and transact with via the Site and Services. RecNation will not be responsible for any damage or harm resulting from your interactions with other Hosts or Renters. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Hosts or other third parties will be limited to a claim against the particular Hosts or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from RecNation with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Hosts on the Site and/or Services regarding any Bookings or Listings made by you.

11. Additional Fees & Collections

11.1 Failed Payments. If Renter fails to make any applicable payment hereunder when Booking, the Renter is not allowed access to the unit and does not have any rights to rent the Space until payment is complete. In addition, if the Renter fails to complete the lease agreement within 5 days (5), they risk not being able to access their Space with the Host.

12. User Liability

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

12.2 Impermissible Conduct. In connection with your use of our Site and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

13. Termination and Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your RecNation Account. Upon termination we will promptly pay you any amounts we reasonably determine RecNation owes you in its discretion, which RecNation is legally obligated to pay you. In the event RecNation terminates these Terms, or your access to RecNation’s Site and Services, or deactivates or cancels your RecNation Account, you will remain liable for all amounts due hereunder. You may cancel your RecNation Account at any time by sending an email to third-party-listings@recnationstorage.com. Please note that if your RecNation Account is canceled, RecNation does not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback you have provided to RecNation.

14. Disclaimers

14.1 General. IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RECNATION DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND/SCREENING CHECKS ON ANY HOSTS OR RENTERS BUT MAY CONDUCT SUCH BACKGROUND/SCREENING CHECKS IN ITS SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT RECNATION EXPRESSLY DISCLAIMS AND DOES NOT REPRESENT, GUARANTEE, NOR WARRANT THAT (i) A LISTING OR THE SPACE DESCRIBED IN A LISTING IS ACCURATE; AND (ii) A SPACE IN A LISTING IS OWNED BY A HOST OR THAT A HOST HAS THE LEGAL RIGHT OR PERMISSION TO RENT/LICENSE THE SPACE IN A LISTING. THE SITE AND SERVICES AND ALL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RECNATION EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RECNATION MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. RECNATION MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SPACE, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RECNATION OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14.2 User Interactions. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR RENTERS AND RECNATION. YOU AGREE TO CONDUCT YOURSELF AND COMMUNICATE WITH RECNATION AND HOSTS/RENTERS IN A PROFESSIONAL, RESPECTFUL, AND BUSINESSLIKE MANNER, AND YOU ACKNOWLEDGE THAT RECNATION MAY (IN ADDITION TO OTHER REMEDIES) TERMINATE YOUR BOOKINGS IF YOU FAIL TO ADHERE TO THIS REQUIREMENT. YOU UNDERSTAND THAT RECNATION DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. RECNATION MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY RECNATION. RECNATION EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, AND YOU AGREE RECNATION SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY RENTER, HOST, OR OTHER THIRD PARTY.

15. Limitations of Liability

15.1 General. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RECNATION WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER RECNATION NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RECNATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

16. Indemnification

You agree to release, defend, indemnify, and hold RecNation, RRVS Holdings LLC, RecRental LLC, and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

17. Host or Renter Content

17.1 Content License. We may, in our sole discretion, permit Hosts to post, upload, publish, submit or transmit Host Content. By making available any Host Content on or through the Site and Services, you hereby grant to RecNation a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Host Content on, through, or by means of the Site and Services, as well as for marketing purposes to advertise the Site and Services.

17.2 Representation And Warranty. You acknowledge and agree that you are solely responsible for all Host Content that you make available through the Site and/or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Host Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to RecNation the rights in such Host Content, as contemplated under these Terms; and (ii) neither the Host Content nor your posting, uploading, publication, submission or transmittal of the Host Content or RecNation’s use of the Host Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

17.3 Dispute Resolution. If a dispute arises out of, or related to, this Agreement, or due to a breach or alleged breach thereof, and if said dispute cannot be resolved through discreet good faith discussions, the Parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of, or relating to, this Agreement, or breach or alleged breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. All fees and expenses of the mediation and/or arbitration shall be borne by the Parties equally; provided, however, that each Party shall bear the expense of its own counsel.

17.4 Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law and the remaining provisions shall remain in full force and effect.

17.5 Waiver. No waiver under this Agreement is effective unless it is in writing, identified as a waiver to this Agreement and signed by an authorized representative of the Party waiving its right. The following do not constitute waiver: (a) any failure or delay in exercising any right, remedy, power, or privilege or in enforcing any condition under this Agreement; or (b) any act, omission or course of dealing between the Parties.

17.6 Assignment; Successors and Assigns. Owner may not assign this Agreement or any right or interest herein, in whole or in part, without RecRental’s prior written consent. This Agreement will be fully binding upon and inure to the benefit of and be enforceable by the Parties and their respective successors and permitted assigns. Nothing contained in this Agreement shall give, or is intended to give, any rights to any third party.

17.7 Governing Law; Venue. This Agreement shall be interpreted and enforced according to the laws of the State of Texas without application of its conflicts or choice of law rules. Subject to the following paragraph related to dispute resolution, both parties irrevocably submit to the jurisdiction of the state or federal courts located in Dallas County, Texas, for any action or proceeding regarding this Agreement, and both parties waive any right to object to the jurisdiction, forum or venue of the state court located in such court.

18. Links

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

19. Modification

RecNation reserves the right, in its sole discretion, to modify the Site or Services or to modify these Terms, including the fees due hereunder at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or update you via the Services, or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound (or continue to be bound) by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.