Sept 28, 2020
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.
Offlod Storage, Inc., (hereafter referred to as “Offlod”, “we”, “us”, or “our”) provides an online platform that connects Hosts who rent Space to Renters (collectively, the “Services”). In this document, the terms “Offlod”, “we”, “our”, “us” refer to Offlod, Inc. The terms “Service” or “Services” refer to any services we offer, including all Offlod web applications, mobile applications, and other software, helpdesk services, beta versions, and the web site accessible at www.Offlod.com and its associated content (collectively, the “Site”) as well as any and all marketing channels where Collective Content may be disseminated in Offlod’s sole discretion. The terms “you” or “your” refer to the users of the Offlod Service. The terms “Host” or “Hosting” refer to the person engaged in the act of storing or agreeing to store the Stored Items, and the act of storing or agreeing to store the Stored Items, 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 Space, and the act of engaging in a temporary lease of the Host’s Space, respectively, in accordance with the terms of the rental agreement as described herein. The term “Space” refers to the area of the Host’s property rented or offered for rental by a Host. The term “Listing” refers to the searchable description advertising the Host’s space as found on this Site or the Services. The term “Stored Items” refer to the property or goods of the Renter that are stored in the Host’s Space. The term “Booking” refers to a confirmed transaction between Host and Renter whereby Renter stores its Property in a Host’s Space. “Member” means a person who completes Offlod’s account registration process, including, but not limited to Hosts and Renters, as described under “Account Registration” below. “Offlod Content” means all Content that Offlod makes available through the Site 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. Member Content may include user profiles and biographical information. “Collective Content” means Member Content and Offlod Content. “Content” means text, graphics, images, software, audio, video, information or other materials.
Terms Relating to Service
Offlod makes available a platform or marketplace with related technology for Renters and Hosts to meet online and arrange for Bookings of storage including, but not limited to, basements, garages, attics, closets, sheds, storage units, driveways, parking spots or other Space. Offlod is not an owner or operator of properties, nor is it a real estate broker. Offlod does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Offlod’s responsibilities are limited to: (i) facilitating the availability of the 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 Site or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a Member, or other registered user of the Services. These Terms govern your access to and use of the Site and Collective Content (defined below), which constitute a binding legal agreement between you and Offlod. 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 Offlod’s platform or other service and may subject you to civil liability and/or criminal penalties.
YOU UNDERSTAND AND AGREE THAT OFFLOD IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, NOR IS OFFLOD A REAL ESTATE BROKER, REAL ESTATE AGENT, INSURER, OR ESCROW AGENT. OFFLOD HAS NO CONTROL OVER THE CONDUCT OF HOSTS, RENTERS OR OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY. ANY AGREEMENT BETWEEN HOSTS AND RENTERS IS BETWEEN THEM ALONE, AND OFFLOD 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 STORAGE OF CONTENTS (“APPLICABLE LAW”). OFFLOD DOES NOT ADVISE ON ISSUES RELATED TO APPLICABLE LAW.
THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF SPACE. OFFLOD CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING NOR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACE. OFFLOD IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE CONTENT OF ANY LISTING OR THE SUITABILITY OF ANY SPACE.
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, 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.
You may view Listings as an unregistered visitor to the Site; however, if you wish to book a Space or create a Listing, you must first become a Member by registering to create an Offlod Account (defined below). Both unregistered visitors and Members agree to be bound by all of the terms and conditions set forth herein.
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.
Offlod is, at its core, an open community dedicated to connecting people to improve storage accessibility. Offlod 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/provincial, or local, including those relating to diversity and non-discrimination. In addition, Members must comply with the following requirements:
OFFLOD HOSTS MAY NOT:
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 Offlod may suspend Hosts who have demonstrated such a pattern from the Offlod platform or use of the Site and/or Services.
1) Account Registration
In order to book a Space or create a Listing on the Site, Services or the Offlod platform, you must register to create an account (“Offlod Account”) and become a Member. You may register to use the Services directly via the Site as described in this section or via direct email invitation.
As part of the functionality of the Site and Services, you may link your Offlod Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Offlod through the Site or Services; or (ii) allowing Offlod 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 Offlod and/or grant Offlod 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 Offlod to pay any fees or making Offlod subject to any usage limitations imposed by such third party service providers. By granting Offlod access to any Third Party Accounts, you understand that Offlod 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 Site and Services via your Offlod Account and Offlod 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 Offlod Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Offlod’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 Site and Services. You have the ability to disable the connection between your Offlod Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site.
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.
Offlod makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Offlod is not responsible for any SNS Content.
We will create your Offlod Account and your Offlod Account profile page for your use of the Site and Services 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 Offlod 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. Offlod reserves the right to suspend or terminate your Offlod Account and your access to the Site and Services without cause or notice. Some possible reasons for termination include but are not limited to: (1) if you create more than one Offlod 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 Offlod Account, whether or not you have authorized such activities or actions. You will immediately notify Offlod of any unauthorized use of your Offlod Account by emailing contact@Offlod.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 Space, as the case may be, upon receipt of such information. Offlod 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 Offlod 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 Offlod’s use of a third-party service to perform a reasonable background check, in Offlod’s discretion, for the purposes of these Terms and your use of the Site and Services.
OFFLOD 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 Offlod Site. Notice of a change of Renter’s or Host’s phone numbers may be made orally or via the Offlod Site. Renter is strongly encouraged to keep Host informed of any anticipated changes that may affect the terms of storage.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Space to be listed, including, but not limited to, the location, capacity, size, features, availability of the Space 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 Members will be able to book your Space via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a Booking of your Space, 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, a Space 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 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 Offlod assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
Offlod reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Offlod, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to its community or the Site or Services.
You understand and agree that Offlod does not act as an insurer or as a contracting agent for you as a Host. If a Renter requests a Booking of your Space and stores Stored Items in or uses your Space, any agreement you enter into with such Renter is between you and the Renter and Offlod is not a party thereto. Notwithstanding the foregoing, Offlod 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 Space, 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 your Space. Any Member wishing to book Space 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 Site and/or Services.
If you are a Host, Offlod makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for Booking for your Space. 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).
Booking and Financial Terms
If you are a Host and a Booking is requested for your Space via the Site or Services, you will be required to either approve or decline the Booking within 48 hours of when the Booking is requested (as determined by Offlod in its sole discretion) or the Booking request will be automatically declined. 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 and end dates of the requested Booking period and (iiii) a link to the Renter’s Offlod Account profile page. If you are unable to confirm or decide to decline a Booking of a Space within such 48-hour period, any amounts collected by Offlod 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, Offlod will send you an email or text message or other method of notification confirming such Booking, depending on the selections you make via the Site and Services. After a Booking is approved, if a Renter wishes to store additional items or remove items, Renter must Host know via platform chat messenger about the items Renter wishes to add or remove from the list already submitted as part of booking request.
The fees displayed in each Listing are comprised of the Space Fees (defined below), the Service Fees (defined below), and the Processing Fees (defined below). Where applicable, taxes may be charged in addition to the Space Fees, Service Fees, and Processing Fees. The Space 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 Space are the “Space Fees”. Please note that it is the Host and not Offlod, which determines the Space Fees. Space Fees may also include applicable state/province or city/municipal parking and storage taxes. The Host will be responsible for paying the Processing Fees in full. You authorize Offlod to deduct a sum from the Space Fees to cover the Processing Fees. You also authorize Offlod to deduct a sum from the Space 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.
You agree to pay Offlod the Total Fees for any Booking requested in connection with your Offlod 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 Offlod, 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 Offlod receives confirmation of your Booking from the applicable Host, Offlod will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. You also authorize Offlod to collect additional fees in the event of damage to the Host’s property or Space or Renter default as contemplated under “Damage to Host’s Property or Space” and “Renter Default” below, if applicable. Please note that Offlod cannot control any fees that may be charged to a Renter by its bank related to Offlod’s collection of the Total Fees, and Offlod 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 Site or Services. You acknowledge and agree that both Offlod and the Host are not liable for undisclosed items and you accept liability for any damages caused to the Host’s space or property by any undisclosed items.
3) Renter Access to Space
In the Listing the Host agrees to provide the times that the Renter may access Stored Items. 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.
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) Space Move-Out Duties
At or before the end of the Booking period for the Space, Renter must vacate the Space completely. Renter must remove all contents and debris. Renter must leave the Space in good “broom clean” condition. Once the Renter has removed all Stored Items, paid all outstanding fees, left the Space in the condition required, and its Booking has been canceled, Renter no longer has any right to access or take possession of the Space.
5) Host Space Fee Collection
Hosts acknowledge that Space 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/province or city parking or storages taxes. Offlod 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 Space 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 Offlod. Renters also agree to never ask a Host to receive any or all of the Space Fees directly, and Renter agrees to never make payment directly to Host. If a Host or Renter violates this prohibition, Offlod may immediately cancel the Host or Renter’s account, they will remain liable for the Space Fees, and they authorize Offlod to deduct a sum from the Space Fee or bill their account for $200 to partially compensate for administrative costs and not as a penalty and such deduction shall not limit Offlod 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 Offlod.
Offlod charges a fee to Renters based upon a percentage of applicable Space 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 Service Fees are added to the Space 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 Offlod uses to process payments.
If the Booking period is two (2) months or less, Offlod 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 Space 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 two (2) months, 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. Offlod will collect Total Fees and initiate payment of Space 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 Offlod, 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 Site and Services. The Site allows for Booking periods of daily, weekly & monthly and any other period within this range or outside of it. In the event that the host has not declared a daily rate and has only declared weekly and/or monthly fee then the pro-rations of daily fee will happen from monthly fee(if only monthly or both monthly and weekly fees are mentioned) else from weekly fees (if only weekly fee is mentioned)
7) Cancellations and Refunds
It is the responsibility of the Renter, not the Host, to cancel a Booking once the Renter has removed the Stored Items from the Space. 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 week. In addition, the following provisions apply to cancellation by a Renter:
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 Offlod Site or Services, the Renter is not eligible for a refund if its rental month automatically renews.
If a Host needs to cancel a Booking before the Renter stores its belongings, the Renter will receive a full refund and the Offlod Customer Success team is available to help the Renter find an alternative storage space.
If for some reason a Host needs to terminate a Booking after the Renter has stored its Stored Items 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 Space 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 Space Fees and will be charged a $60 termination fee.
Hosts who repeatedly cancel Bookings may be subject to additional charges, including removal from the Offlod community and suspension of use of the Site and Services.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Offlod cannot and does not offer tax-related advice to any Members of the Site and Services. 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.
You understand and agree that any discount will only be applicable if you have not previously rented a space on the Offlod platform. Discounts are only available for Bookings longer than one month - if the Renter receives a discount and the Booking is canceled 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 Offlod in any dispute between them, except as these Terms expressly require Offlod 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.
However, Offlod provides a secondary “guarantee” to apply in the limited circumstances listed below, and only to the extent the losses are not covered by any other insurance carried by either of the Renter or Host. Coverage for general liability, excluding property damage, is extended to hosts and is payable only at Offlod’s sole discretion. The secondary coverage provided will apply only after the Host’s homeowners policy or commercial general liability policy and the Renter’s insurance policies have been applied.
This secondary “guarantee” does not apply to (1) losses or claims that would not have arisen but for a breach or noncompliance with these Terms (including, but not limited to, the presence of any of the Prohibited Items listed in the “Use of Space and Prohibited Items” section of this agreement) or to (2) exclusions described in Offlod’s insurance policy which Offlod maintains in its sole discretion and which Offlod is not obligated to share with any user, Renter, Host or Member. Specifically, those exclusions include (but are not limited to) the following:
The “guarantee” will apply only to losses suffered by a party that are not excluded and up to the policy limit ($10,000 for Renter losses) under the following terms and conditions:
1) Damage to or Loss of Renter's Property
Losses shall be payable only at Offlod’s discretion. The secondary coverage provided will apply only after the Host’s homeowners’ policy or commercial general liability policy and the Renter’s insurance policies have been applied. An official written claim must be filed within 10 days of the Booking end date or the move-out date, whichever is earlier, and the claimed property damages must be directly caused by the storage at the Host’s property. The property in question must be explicitly listed on the Offlod Booking prior to the damage occurring. Damaged items that were not listed on the Offlod Booking, regardless of if storage was communicated to the Host at a later point or through Offlod’s messaging platform but not added to the appropriate Booking fields, are not covered.
Each filed claim must include, but is not limited to, the following:
As between Offlod and Host, Host agrees that Host (and not Offlod) will be held responsible for all damages to the Renter’s Stored Items, during the time such Renter’s Stored Items are stored in the Host’s property or Space and payment for any such damages shall be paid by the Host.
In the event that the Host is found responsible for damages to the Stored Items as outlined in the cases above, the Host authorizes Offlod, in its sole discretion, to determine the amount to be charged to the Host and paid to the Renter, except in cases exceeding $1,000 in damages (as determined by Offlod), which will then be determined by professional arbitration (see “Arbitration” below) between the Host and Renter. The Host agrees to pay associated arbitration fees in the cases where the Host is found responsible for damage to Renter’s Stored Items. To avoid disputes, Hosts are encouraged to record the initial state of the Stored Items.
Theft of Stored Items
After a formal claim is submitted by the Renter to Offlod 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 Space; or (ii) the Renter is found to have made unauthorized visits to the Space or unauthorized changes to the Stored Items, resulting in lost or stolen items. Except in the above outlined cases, the Host authorizes Offlod 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 Offlod), which will then be determined by professional arbitration 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.
Offlod does not endorse any Members or any Space. You are responsible for determining the suitability of others who you contact or contact you via the Site and Services. Offlod will not be responsible for any damage or harm resulting from your interactions with other Members.
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 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 Offlod with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and/or Services regarding any Bookings or Listings made by you.
Use of Space and Prohibited Items
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. USE OF THE SPACE 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”):
IN ADDITION TO THE ABOVE, SMOKING IN OR AROUND THE SPACE IS EXPRESSLY PROHIBITED AND LIVING IN OR AROUND THE SPACE 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 Space 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 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.
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 Space.
Default by Renter
Renter will be in “default” if:
If Renter is in “default,” Offlod 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, Offlod may, in addition to any other remedies it may have at law or in equity, exercise one or more of the following remedies:
(a) Deny Renter access to the Space or Renter’s property until such default is cured;
(b) Terminate Renter’s Booking by giving Renter three (3) days’ notice to vacate; and if Renter fails to vacate and Offlod files an eviction lawsuit, Renter will pay Offlod’s attorneys’ fees and court costs plus a reasonable judicial eviction charge for Offlod’s time, inconvenience and overhead for filing the eviction suit;
(c) Collect charges as appropriate and exercise any other remedy allowed by law; and/or
(d) Enforce Host’s or Offlod’s lien by seizure and sale of all Stored Items in the Space, 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 Offlod. Offlod 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 Space 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.
(e) 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 Space. Host must cooperate with Offlod in any eviction, sale, auction, or other proceeding against a Renter and must provide requested information (e.g., photos of the items) to Offlod in a timely manner upon request. The Host must also provide access to the Space as requested by Offlod 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 Offlod, Host shall be responsible for any eviction, and Offlod’s obligation to make the guaranteed payment shall be void.
Offlod may choose to evict the Renter in cases of “default” as described above in “Default by Renter”. If Offlod chooses to evict a Renter, Offlod may follow the procedure as outlined in “Offlod’s Remedies” above and may charge a $100 eviction fee once Renter fails to cure.
If Renter fails to make any applicable payment hereunder, or such payment is denied, returned, refunded, charged-back or invalidated, Offlod 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 Offlod.
Renter has provided Offlod certain contact information, including, but not limited to a cell phone number and email address. Renter hereby gives its express consent to Offlod 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, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems about current or future services available to Renter. Renter may revoke its consent to Offlod to contact Renter by any of the above-described methods or otherwise restrict permissions as provided in this form by contacting Offlod through its website at www.Offlod.com.
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.
In connection with your use of our Site and Services, you may not and you agree that you will not:
If you rent Space to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who:
You should immediately report such person to the appropriate authorities and to Offlod by contacting us with your police station and report number at contact@Offlod.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 Site and Services, and (b) deactivate or cancel your Offlod 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 Offlod terminates these Terms, or your access to our Site and Services or deactivates or cancels your Offlod Account you will remain liable for all amounts due hereunder. You may cancel your Offlod Account at any time by sending an email to support@Offlod.com. Please note that if your Offlod Account is cancelled, we do 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 Offlod.
IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OFFLOD DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES AND ALL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OFFLOD 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. OFFLOD 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. OFFLOD 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 OFFLOD OR THROUGH THE SITE, 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 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. YOU UNDERSTAND THAT OFFLOD DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY SPACE. OFFLOD 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 OFFLOD. NOTWITHSTANDING OFFLOD’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE HOSTS, OFFLOD 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 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 OFFLOD WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OFFLOD 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 OFFLOD 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 OFFLOD HOST GUARANTEE, IN NO EVENT WILL OFFLOD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SPACE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY OFFLOD 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 OFFLOD 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.
You agree to release, defend, indemnify, and hold Offlod 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:
(a) your access to or use of the Site, Services, or Collective Content or your violation or breach of these Terms;
(b) your Member Content;
(c) any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Space by you;
(d) your (i) interaction with any Member, (ii) Booking of a Space, (iii) creation of a Listing or (iv) the use, condition or rental of a Space by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Booking or use of a Space;
(e) any dispute between you and another user of the Site or Services; and
(f) any infringement or misappropriation of the third party’s rights.
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 Site and Services, you hereby grant to Offlod a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services.
You acknowledge and agree that you are solely responsible for all Member 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 Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Offlod 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 Offlod’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Offlod 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 Offlod 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.
You and Offlod agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity of any provisions in these Terms, or to the use of the Services or use of the Site or App (collectively, "Disputes")
The parties shall endeavour to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.
The arbitration shall be conducted on a confidential basis pursuant to the Canadian Arbitration Rules of ICDR (Arbitration Rules of ADRIC).
You acknowledge and agree that you and Offlod are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Offlod otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. This "Dispute Resolution" section will survive any termination of these Terms.
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.
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.
Offlod 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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at support@Offlod.com or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Offlod and you hereby irrevocably assign to Offlod and agree to irrevocably assign to Offlod 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 Offlod’s request and expense, you will execute documents and take such further acts as Offlod may reasonably request to assist Offlod to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Dispute Policy
Offlod respects copyright law and expects its users to do the same. It is Offlod’s policy to terminate in appropriate circumstances the Offlod 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@Offlod.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:
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. Offlod 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 Offlod.
For the avoidance of doubt, your participation in any referral program, contest, or similar program or offering of Offlod will additionally be governed by the terms and policies of such program, contest or offering.