Terms of Service of Ezynest, LLC.
Last Updated – Jan17, 2022
Welcome to Ezynest (hereinafter referred to as the “website” or “site” or “mobile application” or “App” or “Platform” or “we” or “us”). The website and mobile application are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of our website and mobile application constitutes your agreement to all such Terms.
Our website and mobile application are owned and operated by Ezynest LLC with its office located at 5700 Tennyson Pkwy Suit 300, Plano, TX 75024. Our website and mobile application is a platform that allows users (hereinafter collectively be referred to as “Users” or “You” or “Your”) to avail the space sharing services (Rooms, Storage, Parking Space, Apartment Sublease and Car Sublease) and other services related thereto (collectively, the “Services”) through our mobile application. By using the Site and Mobile application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Site, Mobile application and Services and all Collective Content, and constitute a binding legal agreement between you and us.
Please read carefully these Terms and our Privacy Policy, which may be found at ezynest.com/privacy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Mobile application. Failure to use the Mobile application in accordance with these Terms may subject you to civil and criminal penalties.
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS BELOW, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION PROVISIONS. PLEASE READ THEM CAREFULLY.
Key Terms
Ezynest LLC, (hereafter referred to as “Ezynest”, “we”, “us”, or “our”) provides an online platform that connects Hosts who rent Private Rooms, Storage, Parking Space, Apartment Sublease and Car Sublease to Renters (collectively, the “Services”). In this document, the terms “Ezynest”, “we”, “our”, “us” refer to Ezynest LLC.
The terms “Service” or “Services” refer to any services we offer, including all Ezynest web applications, mobile applications, and other software, helpdesk services, beta versions, and the web site accessible at www.ezynest.com and its associated content (collectively, the “Site”) as well as any and all marketing channels where Collective Content may be disseminated in Ezynest’s sole discretion.
The term “Platform” shall mean and include both the Website and the Mobile Application of Ezynest.
The term “Mobile Application” or “App” means our Application through which the users shall avail the services which are offered by us.
The terms “you” or “your” refer to the users of the Ezynest Service through the Website and the Mobile Application.
The terms “Host” or “Hosting” refer to the person engaged in either of the act of:
storing or agreeing to store the Stored Items, and the act of storing or agreeing to store the Stored Items,
renting or agreeing to rent a shared or a private room,
renting the parking space,
subleasing an apartment, home, car etc.
respectively, in accordance with these Terms and any separate rental agreement entered into between Hosts and Renters, if any.
The terms “Renter” or “Renting” refer to the person engaging in a temporary lease of the Host’s Property, and the act of engaging in a temporary lease of the Host’s Property, respectively, in accordance with the terms of the rental agreement as described herein.
The term “Storage” refers to the area of the Host’s property rented or offered for rental by a Host.
The term “Renting” shall refer to the private room, shared room, parking space, which are offered by the host.
The term “Sub Lease” shall refer to the act of subleasing the property which is offered by the Host and is listed on our mobile application
The term “Listing” refers to the searchable description advertising the Host’s Property as found on the Platform.
The term “property” shall mean to include any property which is listed by the host for any purpose of rent, rooms, sublease, parking or storage.
The term “Stored Items” refer to the property or goods of the Renter that are stored in the Host’s Storage.
The term “Booking” refers to a confirmed transaction between Host and Renter whereby Renter stores its Property in a Host’s Storage.
“Member” means a person who completes Ezynest’s account registration process on the App, including, but not limited to Hosts and Renters, as described under “Account Registration” below.
“Ezynest Content” means all Content that Ezynest makes available through the Site or mobile application including any Content licensed from a third party but excluding Member Content.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or mobile application. Member Content may include user profiles and biographical information.
“Collective Content” means Member Content and Ezynest Content.
“Content” means text, graphics, images, software, audio, video, information or other materials.
TERMS RELATING TO SERVICE:
Ezynest makes available a platform or marketplace with related technology for Renters and Hosts to meet online and arrange for Bookings of storage, rooms, parking spaces, apartment subleasing and car subleasing including, but not limited to, basements, garages, attics, closets, sheds, storage units, driveways, parking spots or other Storage. Ezynest is not an owner or operator of properties, nor is it a real estate broker. Ezynest does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Ezynest’s responsibilities are limited to: (i) facilitating the availability of the Mobile application, Site, Services and its platform, and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Renters on behalf of the Host.
By using the Mobile application or Platform you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a Member, or other registered user of the Services. These Terms govern your access to and use of the Mobile application, Site and Collective Content (defined below), which constitute a binding legal agreement between you and Ezynest. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Mobile application 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 Mobile application, site and any use of the Services, Site, Mobile application and Ezynest’s platform or other service and may subject you to civil liability and/or criminal penalties.
YOU UNDERSTAND AND AGREE THAT EZYNEST IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, NOR IS EZYNEST A REAL ESTATE BROKER, REAL ESTATE AGENT, INSURER, OR ESCROW AGENT. EZYNEST HAS NO CONTROL OVER THE CONDUCT OF HOSTS, RENTERS OR OTHER USERS OF THE SITE, MOBILE APPLICATION AND SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY. ANY AGREEMENT BETWEEN HOSTS AND RENTERS IS BETWEEN THEM ALONE, AND EZYNEST WILL NOT BE A PARTY TO ANY SUCH AGREEMENT. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO BECOME FAMILIAR WITH AND ABIDE BY ANY LAW OR OTHER REGULATION THAT RELATES TO THE PROPERTY OF CONTENTS (“APPLICABLE LAW”). EZYNEST DOES NOT ADVISE ON ISSUES RELATED TO APPLICABLE LAW.
THE MOBILE APPLICATION, SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF PROPERTY. EZYNEST CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTY. EZYNEST IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE CONTENT OF ANY LISTING OR THE SUITABILITY OF ANY PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE PLATFORM OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE PLATFORM 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, APP, 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.
SERVICES:
(Version 1.0) The present version of our Mobile Application provides the Hosts and the Renters to connect with each other. We provide the users of the App with a common platform which is free of any fee. The renters shall browse our Platform to find appropriate renters with who they can connect through our platform.
(Version 2.0) Our platform has expanded our services and has introduced the verification process of the hosts who have created an Account on our Platform. The Hosts will have to provide a Government Id by which we shall conduct a verification process and only after the verification process is complete, the hosts can accept booking from renters on our Platform.
Further, the Hosts can opt for our Subscription program in which they can subscribe to our Advertisement services through which their listings shall be boosted and made visible on our Platform. For the subscribing the Advertising Services, the Hosts shall pay a monthly amount to us through our payment gateway. You may opt to stop the subscription any time. Please note, once the payment is done for the subscription services, the amount shall not be refunded to you.
(Version 3.0) By using our platform, the renters shall pay Service Fee the Bookings made by them. Service Fee on Booking <$100 shall be 15% of the Booking Cost, and the Service Fee on Booking >$100 shall be 12.5% of the Booking Cost. The Renters shall pay the amount using our Payment Gateway Stripe.
There will be 3 types of Insurance subscriptions which shall be provided by us:
Premium Insurance subscription
Standard Insurance subscription
Basic Insurance subscription
We will be collecting insurance service fee on Listing Bookings from renter for storage and parking services using 3rd party insurer which will be considered as an addon insurance on top of any property insurance taken by the renter.
We will be providing a free host guarantee insurance of some amount using 3rd party insurer for storage and parking services used in our app, which will be considered as an addon insurance on top of any property insurance taken by the host. The payment of all such subscription and Insurance shall be done using our payment gateway stripe.
ELIGIBILITY:
You may view Listings as an unregistered visitor to the Site; however, if you wish to book a property or create a Listing, you must first become a Member by registering to create a Ezynest Account on our Mobile Application (defined below). The Website is available to the users only for information regarding the services which shall be provided by us, and in order to use the services, the users shall create an account on our App. Both unregistered visitors and Members agree to be bound by all of the terms and conditions set forth herein.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
The Platform is intended solely for persons who are 18 years of age or older. Any access to or use of the Platform by anyone under 18 years of age is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 18 years of age or older.
WEBSITE:
Our Website shall be a platform which shall provide you with the details of the services which are offered by us and can be availed by you. To book the services, you are required to register on our Mobile Application which shall be available to you on Google Play Store and Apple Store.
NON-DISCRIMINATION POLICY:
Ezynest is, at its core, an open community dedicated to connecting people to improve Property accessibility. Ezynest welcomes and services an incredibly diverse community, drawing together individuals of different cultures, values, and norms. To remain a Member, you are required to comply with all Applicable Laws, whether federal, state, or local, including those relating to diversity and non-discrimination. In addition, Members must comply with the following requirements:
EZYNEST HOSTS MAY NOT:
Decline a Renter based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Post any listing or make any statement that discourages or indicates a preference for or against any Renter on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Decline to store a Renter’s items based on gender unless the Host shares living Storages (for example, bathroom, kitchen, or common areas) with the Renter or the renter is renting a shared room or subleasing a shared property.
Impose any different terms or conditions based on gender unless the Host shares living Storages with the Renter or Renter or the renter is renting a shared room or subleasing a shared property.
Post any Listing or make any statement that discourages or indicates a preference for or against any Renter on account of gender, unless the Host shares living Storages with the Renter or Renter or the renter is renting a shared room or subleasing a shared property.
Decline a Renter based on any actual or perceived disability.
Impose any different terms or conditions based on the fact that the Renter has a disability.
Substitute their own judgment about whether a unit meets the needs of a Renter with a disability for that of the prospective Renter.
Inquire about the existence or severity of a Renter’s disability, or the means used to accommodate any disability. If, however, a potential Renter raises its disability, a Host may, and should, discuss with the potential Renter whether the Listing meets the potential Renter’s needs.
Prohibit or limit the use of mobility devices.
Charge more in storage fees or other fees for Renters with disabilities.
Post any listing or make any statement that discourages or indicates a preference for or against any Renter on account of the fact that the Renter has a disability.
Refuse to communicate with Renters through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
Refuse to provide reasonable accommodations, including flexibility when Renters with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a Renter requests such an accommodation, the Host and the Renter should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the Renter’s needs.
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 member 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 Ezynest may suspend Hosts who have demonstrated such a pattern from the Ezynest platform or use of the Services.
ACCOUNTS:
1) Account Registration
In order to book a Listing on the Mobile Application, Services or the Ezynest platform, you must register to create an account (“Ezynest Account”) and become a Member. You may register to use the Services directly via the Platform as described in this section or via direct email invitation.
As part of the functionality of the Platform, you may link your Ezynest Account with Third Party Accounts, by either: (i) providing your Third-Party Account login information to Ezynestthrough the Platform; or (ii) allowing Ezynest to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Ezynest and/or grant Ezynest access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Ezynest to pay any fees or making Ezynest subject to any usage limitations imposed by such third-party service providers. By granting Ezynest access to any Third-Party Accounts, you understand that Ezynest will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Platform via your Ezynest Account and Ezynest Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Ezynest Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Ezynest’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. You have the ability to disable the connection between your Ezynest Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Platform.
YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Ezynest makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Ezynest is not responsible for any SNS Content.
We will create your Ezynest Account and your Ezynest Account profile page for your use of the Platform based upon the personal information you provide to us or that we obtain via a Third-Party Account as described above. You may not have more than one (1) active Ezynest Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Ezynest reserves the right to suspend or terminate your Ezynest Account and your access to the Platform without cause or notice. Some possible reasons for termination include but are not limited to: (1) if you create more than one Ezynest Account; (2) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and (3) breach of these Terms. Termination of an account may result in forfeiture and destruction of all information associated with such account. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, limitations of liability, and indemnity.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Ezynest Account, whether or not you have authorized such activities or actions. You will immediately notify Ezynest of any unauthorized use of your Ezynest Account by emailing support@ezynest.com.
2) Renter Information
It is the Host’s sole right to check the Renter’s background, credit history and/or criminal history and refuse to rent to Renter, or terminate Renter’s Booking of the Host’s Listings, as the case may be, upon receipt of such information. Ezynest reserves the right, but has no obligation, to perform these same background, criminal history or credit checks but will not take responsibility for them and you hereby release and hold Ezynest harmless from any and all liability resulting from Host’s performance or failure to perform, such checks, or from Hosts actions upon receiving background information on Renter. You hereby expressly agree to Ezynest’s use of a third-party service to perform a reasonable background check, in Ezynest’s discretion, for the purposes of these Terms and your use of the Platform.
EZYNEST RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY ANY HOST OR RENTER SERVICE BASED ON THE RESULTS OF A BACKGROUND CHECK.
3) Change of Renter Information
Renter agrees to immediately notify Host of changes in Renter’s email address, mailing address, phone number or other contact information. A change of address will not be effective unless the new address is complete and is reported via the Ezynest Platform. Notice of a change of Renter’s or Host’s phone numbers may be made orally or via the Ezynest Platform. Renter is strongly encouraged to keep Host informed of any anticipated changes that may affect the terms of storage/renting/subleasing.
LISTINGS:
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Property to be listed, including, but not limited to, the location, capacity, size, features, availability of the Property and pricing and related rules and financial terms. In order to be featured in Listings via the Platform, all Property must have a valid physical address. Listings will be made publicly available via the Platform. Other Members will be able to book your Property via the Platform based upon the information provided in your Listing. You understand and agree that once a Renter requests a Booking of your Property, the price for such Booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or Renter’s use of, the property 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 Storage included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Ezynest assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
Ezynest reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Ezynest, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to its community or the Platform.
You understand and agree that Ezynest does not act as an insurer or as a contracting agent for you as a Host. If a Renter requests a Booking of your Storage and stores Stored Items in or uses your Storage, any agreement you enter into with such Renter is between you and the Renter and Ezynest is not a party thereto. Notwithstanding the foregoing, Ezynest serves as the limited authorized agent of the Host for the purpose of accepting payments from Renters on behalf of the Host and is responsible for transmitting such payments to the Host.
When you create a Listing, you may also choose to include certain requirements and list prohibited items which must be met by the Members who are eligible to request a Booking of your Property, including, but not limited to, requiring Members to have a profile picture, connected Facebook account or other SNS account or verified phone number in order to book the Property. Any Member wishing to book the Property included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Platform.
If you are a Host, Ezynest makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for Booking for the Property. 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 Property at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Property, if applicable).
BOOKING AND FINANCIAL TERMS:
1) Hosts
If you are a Host and a Booking is requested for the Property via the Platform, you will be required to either approve or decline the Booking within 48 hours of when the Booking is requested (as determined by Ezynest in its sole discretion) or the Booking request will be automatically declined. When a Booking is requested via the Platform, 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 in case he is renting the Storage, (iii) the start and end dates of the requested Booking period and (iv) a link to the Renter’s Ezynest Account profile page. If you are unable to confirm or decide to decline a Booking of a Property within such 48-hour period, any amounts collected by Ezynest for the requested Booking will be refunded to the applicable Renter’s credit card and any pre-authorization of such credit card will be released. When you confirm a Booking requested by a Renter, Ezynest will send you an email or text message or other method of notification confirming such Booking, depending on the selections you make via the Platform. After a Booking is approved, if a Renter who has rented a storage wishes to store additional items or remove items, you will receive a notification via the Platform. Inaction on your (the Host’s) part to question or dispute the changes within seventy-two (72) hours will be interpreted as you delivering authorization for these changes.
The fees displayed in each Listing are comprised of the Property Fees (defined below), the Service Fees (defined below), and the Processing Fees (defined below). Where applicable, taxes may be charged in addition to the Property Fees, Service Fees, and Processing Fees. The Property Fees, the Service Fees, the Processing Fees and applicable taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to a Host’s Property are the “Property Fees”. Please note that it is the Host and not Ezynest, which determines the Property Fees. The Host will be responsible for paying the Processing Fees in full. You authorize Ezynest to deduct a sum from the Property Fees to cover the Processing Fees. You also authorize Ezynest to deduct a sum from the Storage Fee or bill your account in the event of damage or theft of Stored Items as contemplated under “Damage to Stored Items” and “Theft of Stored Items” below, if applicable.
2) Renters
You agree to pay Ezynest the Total Fees for any Booking requested in connection with your Ezynest Account if the applicable Host confirms such requested Bookings. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that Ezynest, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. Once Ezynest receives confirmation of your Booking from the applicable Host, Ezynest will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. You also authorize Ezynest to collect additional fees in the event of damage to the Host’s property or Storage or Renter default as contemplated under “Damage to Host’s Property or Storage” and “Renter Default” below, if applicable. Please note that Ezynest cannot control any fees that may be charged to a Renter by its bank related to Ezynest’s collection of the Total Fees, and Ezynest disclaims all liability in this regard.
You agree to disclose the items you wish to store upon requesting a Booking. If you wish to store additional items or remove items after completing a Booking, you agree to disclose those changes via the Platform. You acknowledge and agree that both Ezynest and the Host are not liable for undisclosed items and you accept liability for any damages caused to the Host’s Storage or property by any undisclosed items.
If the Renter is availing the services of renting or subleasing the property of the Host, the Renter shall provide with the appropriate disclosures relating to the personal information which are required while renting the Property. The Renter shall acknowledge and agree that the information required from him is legal and mandatory under the Applicable Laws.
In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Ezynest or its third-party payment processor. You agree to pay Ezynest for any Bookings made in connection with your Ezynest Account in accordance with these Terms by one of the methods described on the Platform. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Booking, either directly by Ezynest or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. You also authorize Ezynest to charge your credit card in the event of damage caused at a Property as contemplated under “Damage to Property” below, if applicable. If you are directed to Ezynest’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. Once your Booking transaction is complete, you will receive a confirmation email summarizing your Booking.
3) Renter Access to Storage Property
In the Listing the Host agrees to provide the times that the Renter may access the Property. In some cases, Host may provide Renter with means for unlimited access. Renter must contact Host at least 24 hours in advance to request access unless otherwise specified in written agreement between the Host and Renter.
Please Note: The Host is not required to transport or otherwise handle the Stored Items. If a Host transports or handles the Stored Items, the Host does so at its own risk.
4) Move-Out Duties
At or before the end of the Booking period for the Property, Renter must vacate the Property completely. Renter must remove all contents and debris. Renter must leave the Storage in good “broom clean” condition. Once the Renter has removed all Items, paid all outstanding fees, left the Property in the condition required, and its Booking has been cancelled, Renter no longer has any right to access or take possession of the Property.
5) Host Property Fee Collection
Hosts acknowledge that Property Fees will be directly deposited into their bank accounts, net of Service Fees and Processing Fees. Furthermore, Hosts acknowledge that they are required to provide correct bank account information in order to receive payment. Hosts also acknowledge that they are responsible for registering and filing any applicable state or county parking or Property taxes. Ezynest is neither responsible nor liable for notifying, collecting or paying any such taxes. Hosts agree to never insist, ask, or insinuate to a Renter that he or she pay any or all of the Property Fees directly to Host, and Host agrees to never accept payment made directly to Host with a check, cash, or any payment method other than by payment through Ezynest. Renters also agree to never ask a Host to receive any or all of the Property Fees directly, and Renter agrees to never make payment directly to Host. If a Host or Renter violates this prohibition, Ezynest may immediately cancel the Host or Renter’s account, they will remain liable for the Property Fees, and they authorize Ezynest to deduct a sum from the Property Fee or bill their account for $200 to partially compensate for administrative costs and not as a penalty and such deduction shall not limit Ezynest 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 Ezynest.
6) Fees
Ezynest charges a fee to Renters based upon a percentage of applicable Property Fees, which are 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. The Property Fees are added to the Property Fees to calculate the Total Fees. Except as otherwise provided herein, Service Fees are non-refundable. Processing Fees are to cover the merchant services and direct deposit or ACH processing that Ezynest uses to process payments.
If the Booking period is one (1) month or less, Ezynest will collect from Renter the Total Fees at the time of Booking confirmation (i.e. when the Host confirms the Booking within 48 hours of the Booking request) and will initiate payment of the Property Fees to the Host after the Booking period is over. Additional fees may be charged for Renter’s delayed removal of Stored Items. If the Booking period exceeds one (1) month, or if the one-month rental period is extended (by agreement between Renter and Host, or by Renter’s failure to remove Stored Items), Renters will be charged applicable fees on a recurring basis each month of the Booking period, referred to herein as Recurring Payments. Ezynest will collect Total Fees and initiate payment of Property Fees net of Processing Fees to Host at the end of the applicable rental period (i.e., each month). If Recurring Payments apply to your payment obligations for Total Fees owed for a Booking, you authorize Ezynest, on behalf of the Host, to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Platform. The Platform does not allow for Booking periods of less than one month and therefor no pro-rations of monthly fees are available.
7) Guaranteed Payments
Ezynest offers Hosts a limited guarantee of payment. When a Booking is confirmed, and payment for the first month is validated, Ezynest guarantees that in subsequent months, should a Renter default on all or a portion of Total Fees, Ezynest will compensate a Host for up to two months of Property Fees, net of Services Fees and Processing Fees. Any eviction shall be handled in accordance with the Eviction section below.
8) Cancellations and Refunds
Renter Cancellation
It is the responsibility of the Renter, not the Host, to cancel a Booking once the Renter has removed the Stored Items from the Storage or vacated the property which was booked by him. Renters must visit their My Rentals page to cancel their Booking and all future payments will be stopped effective immediately. Renters are not eligible for a refund nor a prorated amount if they store for less than the standard rental month. In addition, the following provisions apply to cancellation by a Renter:
If a Renter cancels a Booking less than 24 hours after approval and/or more than three days before the start date, the Renter is eligible for a 100% refund of the Listing price and the Service Fee.
If a Renter cancels a Booking less than three days before the start date, the Renter is eligible for an 80% refund of the Listing price and will be refunded 0% of the Service Fee.
If a Renter communicates to its Host that it wants to move out and end its Booking but does not cancel its Booking on the Ezynest Platform, the Renter is not eligible for a refund if its rental month automatically renews.
Host Cancellation
If a Host needs to cancel a Booking before the Renter stores its belongings, the Renter will receive a full refund and the Ezynest Customer Success team is available to help the Renter find an alternative Property.
If for some reason a Host needs to terminate a Booking after the Renter has stored its Stored Items or has moved into the rented property with no default by Renter, the Host is required to provide 30 days’ notice to the Renter. If an extreme situation requires a Host to deny a Renter’s right to possess a Property with less than 30 days’ notice, the Renter will receive a full refund (minus Service Fees) of the most recent rental month and the Host will not receive the most recent month’s Storage Fees and will be charged a $60 termination fee.
Hosts who repeatedly cancel Bookings may be subject to additional charges, including removal from the Ezynest community and suspension of use of the Platform.
9) Taxes
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Ezynest cannot and does not offer tax-related advice to any Members of the Platform. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings.
10) Discounts
You understand and agree that any discount will only be applicable if you have not previously rented a Property on the Ezynest platform. Discounts are only available for Bookings longer than one month – if the Renter receives a discount and the Booking is cancelled before it is charged for a second month, the Renter will be charged for the amount of the first month’s discount.
DAMAGE TO PROPERTY TERMS:
Renters and Hosts are solely responsible for the contractual relationship between them, and they agree not to involve Ezynest in any dispute between them, except as these Terms expressly require Ezynest to be involved. In addition, they are responsible to provide their own insurance to cover damages that may occur to the Host’s property or to the Stored Items the Renter stores with the Host.
THEFT OF STORED ITEMS IN CASE THE RENTER HAS RENTED THE STORAGE PROPERTY OF THE HOST:
After a formal claim is submitted by the Renter to Ezynest with a copy of a filed police report, the Host agrees to compensate the Renter for lost or stolen Stored Items, unless a (i) police report is filed and the police determine that there is evidence of forcible or unlawful entry into the Host’s Storage; or (ii) the Renter is found to have made unauthorized visits to the Storage or unauthorized changes to the Stored Items, resulting in lost or stolen items. Except in the above outlined cases, the Host authorizes Ezynest to determine the amount to be charged to the Host, if any, except in cases exceeding one thousand dollars ($1000) in damages (as determined by Ezynest), which will then be determined by professional arbitration (see Arbitration Section below) between the Host and Renter. The Host agrees to pay associated arbitration fees in the event of lost or stolen Stored Items except in the cases outlined above.
NO ENDORSEMENT:
Ezynest does not endorse any Members. You are responsible for determining the suitability of others who you contact or contact you via the Platform. Ezynest will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Ezynest with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Platform regarding any Bookings or Listings made by you.
USE OF STORAGE AND PROHIBITED ITEMS:
RENTER AGREES NOT TO USE THE STORAGE FOR ANY UNLAWFUL PURPOSE. THE STORAGE IS TO BE USED BY RENTER ONLY FOR STORAGE OF PERSONAL PROPERTY. USE OF THE STORAGE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS IS EXPRESSLY PROHIBITED. STORAGE OF THE FOLLOWING ITEMS IS EXPRESSLY PROHIBITED (EACH IS A “PROHIBITED ITEM”):
EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS
PESTICIDES OR OTHER TOXIC CHEMICALS
WASTE OF ANY KIND
FIREARMS OR AMMUNITION
DRUGS OR ANY ILLEGAL SUBSTANCES OR GOODS
STOLEN GOODS OR OTHER CONTRABAND
PERISHABLE FOOD ITEMS, SPOILED FOOD, LIVING OR DECEASED ANIMALS, INFESTED ITEMS, OR MOLDY ITEMS
ANY ITEM THAT EMITS FUMES OR A STRONG ODOR
ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE HOST ON THE LISTING AS EXPRESSLY PROHIBITED
ANY OTHER ITEMS, THE POSSESSION, USAGE, TRANSPORT OR STORAGE OF WHICH MAY VIOLATE IN ANY WAY APPLICABLE LAWS, RULES, OR REGULATIONS
IN ADDITION TO THE ABOVE, SMOKING IN OR AROUND THE STORAGE IS EXPRESSLY PROHIBITED AND LIVING IN OR AROUND THE STORAGE IS EXPRESSLY PROHIBITED.
Upon breach, or Host’s reasonable suspicion of breach, of these Terms, the Renter agrees that the Host has the right to immediately terminate the Booking and to ask Renter to remove the Stored Items from the Host’s premises. Host shall provide reasonable notice and opportunity for Renter to cure such breach or otherwise remove such Stored Items. If Renter does not cure its breach or remove such Stored Items upon reasonable notice and opportunity to cure, Host may take all legally permissible actions, in its reasonable discretion, which actions may include, without limitation, forfeiture of the Stored Items pursuant to applicable law. Host may also contact law enforcement or other authorities to report illegal activities of Renter. 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 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 Storage Fees and Service Fees and Processing Fees paid up the date of termination hereunder.
RISK OF PERSONAL INJURY DUE TO HOST’S NEGLIGENCE:
Renter agrees that the use of the Property is at Renter’s sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Stored Items, or the Property which is rented or sub leased, 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.
HOST RULES:
The Renter, Renter’s employees, agent, family, guests and other invitees agree to comply with Host’s rules and policies and any other rules which are contained in the Listing or otherwise agreed to by Renter. Failure to comply with such rules may result in (i) the Renter being held in Default (as described in the Section “Default by Renter” below) and (ii) the Renter being held liable for damages to the Host’s property or Storage.
DEFAULT BY RENTER:
Renter will be in “default” if:
Renter has failed to pay any sum when due under the Listing, or
Renter has failed to notify Host and Ezynest of a change in Renter’s address, e-mail address, or phone number as required in these terms; or
Renter has provided false or incorrect information to Host or to Ezynest; or
Renter has failed to vacate the Storage by the end of its Booking period or the date on which Renter is to vacate as required by the Host; or
Renter has failed to comply with any other provision of these Terms, or any supplemental rules in the Listing or provided by Host; or
Renter has violated health, safety or criminal laws on the Host’s property, regardless of whether arrest or conviction has occurred. Failure of Ezynest or Host to enforce any of these Terms shall not constitute waiver of such Term(s).
EZYNEST’S REMEDIES:
If Renter is in “default,” Ezynest shall take reasonable steps to notify Renter of such default and provide Renter a reasonable opportunity to cure such default. If Renter fails to cure such default, after receiving such notice and opportunity to cure, Ezynest may, in addition to any other remedies it may have at law or in equity, exercise one or more of the following remedies:
Deny Renter access to the Renter’s property until such default is cured;
Terminate Renter’s Booking by giving Renter three (3) days’ notice to vacate; and if Renter fails to vacate and Ezynest files an eviction lawsuit, Renter will pay Ezynest’s attorneys’ fees and court costs plus a reasonable judicial eviction charge for Ezynest’s time, inconvenience and overhead for filing the eviction suit;
Collect charges as appropriate and exercise any other remedy allowed by law; and/or
If the renter has rented the storage unit of the Host, then to Enforce Host’s or Ezynest’s lien by seizure and sale of all Stored Items in the Storage, pursuant to applicable laws, rules and regulations, by nonjudicial foreclosure under the Host’s local and state codes, as long as applicable fees have not been paid for at least 30 days. Seizure and sale will only be for default in paying sums due to Ezynest. Ezynest may accept partial payments but only payments in full, including applicable fees and costs, will stop a lien sale. If the Stored Items include one or more vehicles, Renter hereby agrees that Host may, pursuant to applicable laws, rules and regulations, (i) sell such vehicle if applicable fees have not been paid for at least 30 days, or (ii) tow such vehicles or have such vehicles towed by a third party off of Host’s property if charges have not been paid for at least 60 days. Sale of the Stored Items in the Storage may be accomplished using an online storage auction, and Renter waives any claims, statutory or otherwise, arising out of any allegation that the online storage auction was contrary to any statutory or common law provision related to disposition of the Stored Items.
After seizure, any attempt to reclaim the seized property by Renter without paying in full the sums due Host, including applicable fees, may result in Host pursuing prosecution for such act.
In the event of a Default by a Renter, the Host may not communicate with the Renter or take any action other than to restrict access to the Storage. Host must cooperate with Ezynest in any eviction, sale, auction, or other proceeding against a Renter and must provide requested information (e.g., photos of the items) to Ezynest in a timely manner upon request. The Host must also provide access to the Storage as requested by Ezynest for the new owner of any contents that have been auctioned to a third party. If the Host fails to comply with these requirements and the failure continues after notice from Ezynest, Host shall be responsible for any eviction, and Ezynest’s obligation to make the guaranteed payment shall be void.
EVICTION:
Ezynest may choose to evict the Renter in cases of “default” as described above in “Default by Renter”. If Ezynest chooses to evict a Renter, Ezynest may follow the procedure as outlined in “Ezynest’s Remedies” above and may charge a $100 eviction fee once Renter fails to cure.
COLLECTION:
If Renter fails to make any applicable payment hereunder, or such payment is denied, returned, refunded, charged-back or invalidated, Ezynest may impose and charge a fee of $25 for each such failed payment and, in addition to such fee, interest will accrue on all such failed and late amounts at a rate of 18% per annum until paid in full (1.5% per month). In the event of any collection efforts, proceedings or suits related to the collection of any unpaid balance, the Renter further agrees to pay all other costs of collection, court costs and reasonable attorney fees, in addition to, the collection fee. The terms of this paragraph shall apply to all amount(s) incurred by Ezynest.
Renter has provided Ezynest certain contact information, including, but not limited to a cell phone number and email address. Renter hereby gives its express consent to Ezynest and its affiliates, agents and service providers to use written, electronic or verbal means to contact Renter. This consent includes, but is not limited to, contact by manual calling methods, pre-recorded or artificial voice messages, text messages, emails and/or automatic telephone dialling systems about current or future services available to Renter. Renter may revoke its consent to Ezynest to contact Renter by any of the above-described methods or otherwise restrict permissions as provided in this form by contacting through its website at www.ezynest.com.
USER LIABILITY:
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 PLATFORM, SERVICES AND CONTENT.
In connection with your use of our Platform, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Platform, Services or Content;
use the Platform for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Platform, Services or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, its intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without its permission, personal contact information or credit, debit, calling card or account numbers;
use our Platform in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
“stalk” or harass any other user of our Platform, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Ezynest Renter or Host;
offer, as a Host, any Property that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Property as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
offer, as a Host, any accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one Ezynest Account or register for a Ezynest Account on behalf of an individual other than yourself;
contact a Host for any purpose other than asking a question related to a Booking, such Host’s Listings;
contact a Renter for any purpose other than asking a question related to a Booking or such Renter’s use of the Platform;
when acting as a Renter or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Ezynest, without Ezynest’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Platform;
use the Platform to find a Host or Renter and then complete a Booking of a Property transaction independent of the Platform in order to circumvent the obligation to pay any Service Fees and Processing Fees related to Ezynest’s provision of the Services;
as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Platform, or any individual element within the Platform, Ezynest’s name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ezynest’s express written consent;
access, tamper with, or use non-public areas of the Platform Ezynest’s computer systems, or the technical delivery systems of Ezynest’s providers;
attempt to probe, scan, or test the vulnerability of any Ezynest system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Ezynest or any of Ezynest’s providers or any other third party (including another user) to protect the Platform, Services or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
REPORTING MISCONDUCT:
If you rent Property to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who:
engages in offensive, violent or sexually inappropriate behavior,
you suspect of stealing from you, or
engages in any other disturbing conduct.
You should immediately report such person to the appropriate authorities and to Ezynest by contacting us with your police station and report number at support@ezynest.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
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 Platform, and (b) deactivate or cancel your Ezynest Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Ezynest terminates these Terms, or your access to our Platform or deactivates or cancels your Ezynest Account you will remain liable for all amounts due hereunder. You may cancel your Ezynest Account at any time by sending an email to support@ezynest.com. Please note that if your Ezynest Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews or Feedback you have provided to Ezynest.
DISCLAIMERS:
IF YOU CHOOSE TO USE THE PLATFORM YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EZYNEST DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EZYNEST 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. EZYNEST MAKES NO WARRANTY THAT THE PLATFORM, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PROPERTY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. EZYNEST MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PROPERTY, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EZYNEST OR THROUGH THE PLATFORM, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR RENTERS. YOU UNDERSTAND THAT EZYNEST DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VISIT ANY PROPERTY. EZYNEST MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, 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 EZYNEST. NOTWITHSTANDING EZYNEST’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE HOSTS, EZYNEST EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
LIMITATIONS OF LIABILITY:
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF EZYNEST WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER EZYNEST NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM, 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 PLATFORM, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EZYNEST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE EZYNEST HOST GUARANTEE, IN NO EVENT WILL EZYNEST’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY PROPERTY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE PLATFORM AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY EZYNEST TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EZYNEST AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LEGAL COMPLIANCE:
In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in Texas, USA.
You should comply with country, state and federal regulations.
INDEMNIFICATION:
You agree to release, defend, indemnify, and hold Ezynest 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:
your access to or use of the Platform, Services, or Collective Content or your violation or breach of these Terms;
your Member Content;
any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Property by you;
your (i) interaction with any Member, (ii) Booking of a Property, (iii) creation of a Listing or (iv) the use, condition or rental of the Property by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Booking or use of a Storage;
any dispute between you and another user of the Platform; and
any infringement or misappropriation of the third party’s rights.
MEMBER CONTENT:
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Platform, you hereby grant to Ezynest a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Platform.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Ezynest the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Ezynest’s use of the Member Content (or any portion thereof) on, through or by means of the Platform 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.
LINKS:
The Platform may contain links to third-party websites or resources. You acknowledge and agree that Ezynest 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 Ezynest 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.
Some portions of the Ezynest Services and/or platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at,
http://www.google.us/intl/en_us/help/terms_maps.html.
ARBITRATION:
You and Ezynest mutually agree and acknowledge that all claims and disputes arising under or relating to these Terms and Conditions, or the breach, termination, enforcement, or interpretation or validity thereof are to be settled by binding arbitration in Texas or another location mutually agreeable to the parties, and not in a court of law. Such arbitration will occur only after you and Ezynest have taken good faith efforts to resolve the dispute and such dispute has failed to be resolved. The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the “AAA”.
YOU AND EZYNEST BOTH WAIVE THE RIGHT TO TRIAL BY JURY IN ALL ARBITRABLE DISPUTES. You and Ezynest also both acknowledge and agree that we are each waiving the right to participating as a plaintiff or class member in any purported class action or representative proceeding in all such disputes. Further, unless You and Ezynest otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.
Exceptions to this arbitration provision include (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Any claim in exception to the above agreement to arbitration shall be brought into judicial proceeding in a court of competent jurisdiction in Houston, Texas.
If any portion of this arbitration provision is found to be unenforceable or unlawful, those unenforceable or unlawful portions shall be severed from these terms. The severance of unenforceable or unlawful portions of this arbitration provision shall not have any impact on the remainder of the arbitration provision, which shall be given full force and effect.
To the extent any disputed matter arising out of or relating to these Terms is deemed to not be subject to these arbitration provisions, such portion of any disputed matter shall be brought exclusively in the federal and state courts located within the State of Texas, and the parties do hereby submit to the exclusive jurisdiction of those courts.
MODIFICATION:
Ezynest reserves the right, in its sole discretion, to modify the Platform 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 Platform 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 Platform after we have posted a modification on the Platform, 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 Platform.
FEEDBACK:
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by emailing us at support@ezynest.com or through the “Contact” section of the Platform. You acknowledge and agree that all Feedback will be the sole and exclusive property of Ezynest and you hereby irrevocably assign to Ezynest and agree to irrevocably assign to Ezynest all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Ezynest’s request and expense, you will execute documents and take such further acts as Ezynest may reasonably request to assist Ezynest to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
PRIVACY:
All Personal Information and User Generated Content provided to or displayed on the Platform are subject to our Privacy Statement.
COPYRIGHT DISPUTE POLICY:
Ezynest respects copyright law and expects its users to do the same. It is Ezynest’s policy to terminate in appropriate circumstances the Ezynest Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of third-party copyright holders. If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringement by submitting the following information to support@ezynest.com along with an electronic or physical signature. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – provide a comprehensive list of the copyrighted works that you claim have been infringed. Identify the material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown where such material may be found. Provide your full name, mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the
Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
MISCELLANEOUS:
These Terms are the final and complete integration of the parties’ agreement as it relates to the topics addressed in these Terms. If these Terms become subject to any litigation or arbitration, the prevailing party in any such litigation or arbitration will be entitled to recover its reasonable attorneys’ fees and court or arbitration costs from the non-prevailing party. Ezynest will not be deemed to have waived any portion of these Terms because of its delay or other failure to assert its rights under these Terms, unless the waiver is in writing and signed by Ezynest.
For the avoidance of doubt, your participation in any referral program, contest, or similar program or offering of Ezynest will additionally be governed by the terms and policies of such program, contest or offering.
NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
SEVERABILITY:
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
ASSIGNMENT:
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
FORCE MAJEURE:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of God;
(b) natural disasters;
(c) sabotage;
(d) accident;
(e) riot;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
DIGITAL SIGNATURE:
By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Platform, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Platform or by contacting Customer Support.
ENTIRE AGREEMENT:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
CONTACT US:
For any further clarification of out Terms of Service, please write to us at support@ezynest.com.