Updated August 7, 2019
WE RESERVE THE RIGHT TO REVISE THIS AGREEMENT IN OUR SOLE DISCRETION AT ANY TIME BY POSTING THE CHANGES ON THE SITE. ALTHOUGH WE MAY ATTEMPT TO NOTIFY YOU WHEN WE MAKE SUBSTANTIAL CHANGES TO THESE TERMS AND CONDITIONS, YOU SHOULD PERIODICALLY REVIEW THEM FOR THE MOST UPDATED VERSION. WE MAY, IN OUR SOLE DISCRETION, REVISE THESE TERMS AND CONDITIONS, AND YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS.
Garagetime is a third-party booking marketplace that connects DIY enthusiasts who require project space (“Guests”) with owners (“Hosts”) of garages, warehouses, and similar spaces (collectively, “Garages”). Guests book hourly, daily, or monthly Garage space that only includes Garage work time and any specific details in each listing. We do not assume liability for Guests and/or Hosts and solely act as a connecting marketplace online.
All of Your use, access, and other activities relating to the Products and the Garages You book or provide must be in compliance with all applicable laws and regulations, including, without limitation, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or the Site, or their operation; frame or embed the Site or other Products; use any personally identifiable information other than for the booking and use of Garages as permitted herein; impersonate another person or gain unauthorized access to another person’s Account (as defined below); introduce any virus, worm, spyware or any other computer code, file or program that is, or may be, intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or the Site, or operation thereof; or scrape, spider, use a robot or other automated means of any kind to access the Products. Your use of the Products must not be in furtherance of any criminal activity.
3. General Disclaimer
The Site is only a tool for connecting Guests and Owners. We do not guarantee that information provided about Garages, Hosts, or Guests through the Site or any Product is complete or accurate, that conditions in Garages are safe, or that tools and other materials in Garages are functional or will meet your needs. We do not guarantee that Guests will use the Garages as planned or return the Garages without damage. We do not endorse or approve the third-party content We make available on the Site or in the Products, which is offered to You only for Your convenience. We are not obligated to update any information made available by Us or any third parties on the Site or in the Products. By using the Site or any Products, You agree not to hold Garagetime or any of its members, managers, officers, agents, employees, contractor or third party content providers liable for any claim for damages arising out of Your use of the Site or the Products or use or provision of any Garage.
As further described below, we do not guarantee that the Site, the Products or Garages will meet any of Your specific needs. We do not guarantee the performance of the Site or any Product or the performance of any site, device, processor, booking agent, or other third party product with which the Site or any Product interacts.
Prior to listing a Garage for use, all Hosts must have and maintain sufficient insurance to cover the Garage and the activities of the Guests as permitted by the Host’s listing. Notwithstanding the foregoing, Garagetime does not verify insurance coverages of Hosts. You acknowledge that no Garage, Host, Guest, or other third party is insured by Us. Using a Garage, or allowing others to use Your Garage, is done at Your own risk.
In the event You use the hyperlinks included on the Site to access another website or Internet location, You acknowledge that such other sites or locations are not under the control of Garagetime and agree that Garagetime shall not be responsible for any information or other hyperlinks found at any such website or Internet location.
To use certain Products, You will need to register and obtain an account, username, and password (collectively, Your “Account”). You are solely responsible for maintaining the confidentiality of Your Account, and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must (a) notify Us immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge.
Your Account, and the information contained therein, may not be used for any purpose other than booking Garagetime (as a Host or Guest).
You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the Account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse.
5. Interactions Between Hosts and Guests
Hosts and Guests are responsible for arranging the details of each rental (except for payment where facilitated by the company), including without limitation, the timing for check-in and check-out, provision of keys, security deposits (if requested by the Host), and the availability of supplies within a Garage. Garagetime disclaims any liability related to the failure of a Host or Guest to meet the agreements of a rental, and does not facilitate rentals except as specifically provided in each Product.
6. Damage to Garages; Disputes Between Guests and Hosts
Each Guest in a Garage is responsible for leaving the Garage in the condition it existed when the Guest arrived, and is responsible for the Guest’s own acts and omissions and of those whom the Guest invited or provided access to the Garage. If a Host claims that a Guest has damaged the Host’s Garage, the Host should notify the Guest immediately and seek reimbursement for such damage. By using a Garage, each Guest agrees to reimburse a Host for any damage it or its invitees caused to a Garage and to provide such reimbursement to the Host promptly and in good faith. Garagetime shall not be liable for a Guest’s failure to pay for damages to a Garage.
7. User Content
Except as provided in this Agreement, Garagetime does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other materials, including without limitation information relating to You or Your Garage (collectively, “Content”) that You post or upload to the Site and/or through the Products offered by Us (“Submitted Content”). After posting or uploading Your Submitted Content to the Site and/or through the Products, You continue to retain all of Your ownership rights in such Submitted Content except as set forth in this Agreement.
You are solely responsible for any third party Content in Your Submitted Content and for the use of the Submitted Content, including on Our Site and other Products. We reserve the right to remove such Content, Your Submitted Content, and/or any other content in Our sole and absolute discretion.
You hereby grant to Us and Our licensees, distributors, agents, independent contractors, representatives and other authorized users (collectively, the “Garagetime Entities”), a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights You own or control, to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Submitted Content, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on the Site or any related or affiliated sites, on third party websites, cable networks and stations, broadband and wireless platforms, and or on any other products and services) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to You, with or without attribution, and without the requirement of any permission from or payment to You or to any other person or entity (the “Content License”). You appoint Us as Your agent with full power to enter into and execute any document and/or do any act We may consider appropriate to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in this Section.
You represent and warrant to Us that:
(i) You own the Submitted Content or otherwise have the legal right to post or transmit the Submitted Content in accordance with the terms of this Agreement and make the license grants contained herein;
(ii) the posting or other transmission of the Submitted Content on or through the Products or otherwise by Garagetime or the Garagetime Entities does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks, trade secret or other proprietary rights), contract rights or any other rights of any person or entity,
(iii) To the extent that any of the Submitted Content on the Site and/or Products features a child of User under the age of 18, User is deemed to have consented to the Content License on such child’s behalf and the foregoing representations with regard to such Content, has the authority to provide such consent, and such child shall also be deemed to be a User for purposes of this Agreement;
(iv) You have no agreement with or obligations to any third party with respect to the rights herein granted which conflict or interfere with or adversely affect any of the provisions of this Agreement or the use or enjoyment by Us of any of the rights herein granted. You have secured and will maintain all rights necessary for Us to use and enjoy the rights herein granted. You have not sold, assigned, transferred or conveyed, and will not sell, assign, transfer, or convey, to any party any right, title, or interest in and to the rights herein granted or any part thereof, adverse to or in derogation of the rights herein granted to Us;
(v) You are over 18 years of age. None of our Products, including without limitation the Site, are intended for individuals under the age of 18. By using the Products, you affirm that You are over the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OUR PRODUCTS; and
(vi) You have not been convicted of any felony sex offense and are not a registered sex offender in any jurisdiction; and
(vii) To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submitted Content exist, You agree to not enforce any such rights as to Us or the Garagetime Entities, and You shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Submitted Content posted by You to or through the Products.
8. User Conduct
You agree to not use the Products or Garages to take any action(s) that:
(i) Does any of the following, except as necessary to book, or obtain a booking for, a Garage: solicits personal information, or provides any User telephone numbers, street addresses, last names, URLs or email addresses, or other personal information;
(ii) Involves the transmission of “junk mail,” “chain letters,” “unsolicited mass mailing,” “instant messaging,” “phishing,” “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(iii) Promotes information that You know, or have reason to suspect, is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or promotes an illegal or unauthorized copy of another person’s copyrighted work;
(iv) Furthers or promotes any criminal or tortious activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal products, violating someone’s privacy, or providing or creating computer viruses;
(v) Is contrary to Garagetime’s public image, goodwill, or reputation;
(vi) Infringes on Our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(vii) Expresses or implies that any of Your statements, activities or causes are endorsed by Us, without Our prior written consent in each instance;
(viii) Transmits any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
(ix) “Frames” or “mirrors” any part of the Site or any Product without Our prior written authorization;
(x) Distributes any virus, worm or other similar or deleterious files, scripts or programming routines;
(xi) Interferes with or disrupts any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Garagetime or its licensors or suppliers;
(xii) Forges headers or otherwise manipulates identifiers in order to disguise the origin of any submission;
(xiii) Executes any form of network monitoring or runs a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for You; and/or
(xiv) Promotes any business (besides your Garage).
We cannot guarantee the security of any information You disclose; You make such disclosures at Your own risk. You should be skeptical about information provided by others. Garagetime does not guarantee that information provided by any User or third party is accurate or truthful.
If You become aware of misuse of the Products by any person, please contact Garagetime at [firstname.lastname@example.org].
9. Payment; Fees; Taxes
(a) Fees, Overtime. You are responsible for payment of fees, expenses, and other amounts related a to Booking (“Fees”). Fees include amounts paid to Garagetime, Garages, and Garage Services and as described in our Fees Overview. Garagetime receives Fees for providing use of the Service, and Garages receive Fees for Bookings. The specific Fees charged are presented when you request, complete, and pay for a Booking. Please review the Garages individually listed cancellation policy on their Listing prior to submitting a Booking request. You should contact Garages through the Platform before Booking if you don’t understand the Fees listed or their cancellation policy that will be applicable. Please email us at email@example.com at any time if you do not understand Fees or have questions regarding them.
A Booking provides a limited use of a Garage or Garage Services as described in the Listing and Booking Agreement, if applicable. If you use a Garage or Garage Services beyond the Booking you will be responsible for payment of additional Fees (“Additional Fees”) at the Garages discretion. You are solely responsible for any damage done to the Garage during your Booking.
While we may facilitate the collection of Fees for Garages and Garage Services, once remitted to Garages, we are not responsible for the return of Fees or Deposits to Users, where applicable.
(b) Taxes and Fines. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Garages or Garage Services including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, Garagetime will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing a Garage, or providing or using Garage Services including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Garagetime for such Taxes upon demand. You are also responsible for any penalties arising from your failing to comply with this Agreement including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this Agreement or misuse of the Platform, Services, Garage, or Garage Services (collectively, “Fines”). You understand and agree that Garagetime does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advice to consult with your tax advisor for any required advice or guidance regarding Taxes.
(c) Payment. You will timely and fully pay any Fees, Taxes, or other amounts you owe under this Agreement. If you owe amounts and we are unable to receive payment through the Platform for any reason, then we may require that you pay through other means (such as direct debit). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses.
(d) Receiving Payment. Acceptance and payment of funds between users or Garagetime on the Platform (“Payment Processing”) is provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition using Payment Processing, you must provide accurate and complete information about you and your business and you authorize us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. Garagetime does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Platform, or have your Account suspended or terminated.
We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
All cancellations and any refunds that may be available to you are subject to our Fees and all cancellations are subject to the Garagetime Cancellation Policy, in addition to any individual garage Cancellation Policy as identified on each individual Garage Listing. Garagetime is not liable for any fees, expenses, or liability that is not in compliance with the Cancellation Policy for a Listing.
Garagetime is not responsible or liable for nonperformance caused by communication failures or nonperformance of Garages.
Cancellations of Bookings, whether with or without cause, or caused by events outside of your reasonable control, are subject to individual Garage Listing Cancellation and Refund Policy. Please review it carefully before Booking a Garage or Garage Services.
11. Community Guidelines
We have established Community Guidelines that set our expectations for all users on the Platform. You will review and abide by the Community Guidelines whenever using the Platform or Services, communicating with other users, or using or providing use of Garages. If you believe that another user is violating the Community Guidelines, please email us at firstname.lastname@example.org. Garagetime shall have no duty to monitor users’ compliance with or to enforce the Community Guidelines and shall have no liability for any user’s violation of the Community Guidelines.
12. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof provided by Garagetime in connection with the Products is “Company Content.”
The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use Company Content, solely for either (i) obtaining a Garage space for your own use, or (ii) permitting bookings of Your own Garage by Users through the Products, in accordance with this Agreement and any conditions or restrictions associated herewith. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Company Content unless We give You explicit permission to do so. Company Content is licensed, and not sold, to You. The trademarks, service marks, and logos (the “Trademarks“) used and displayed on the Site or the Products are Our registered or unregistered Trademarks or are the registered or unregistered trademarks of third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
GARAGETIME RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, GARAGETIME DOES NOT SCREEN ALL THIRD PARTY CONTENT ACCESSIBLE THROUGH THE PRODUCTS AND ALL USE OF SUCH CONTENT BY YOU IS AT YOUR OWN RISK AND GARAGETIME SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THIRD PARTY CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY THIRD PARTY CONTENT USED IN THE PRODUCTS IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL.
If You believe that the content of a third party included in the Products violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company via email (email@example.com).
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If You believe in good faith that materials hosted by Us infringe Your copyright, You (or Your agent) may send Us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA; http://www.copyright.gov/legislation/dmca.pdffor details. Notices and counter-notices with respect to the Site should be sent:
if by mail to:
3100 Huron Street, 2K
Denver, CO 80202
Attention: Copyright Manager
if by e-mail to:
Each notice should include within it the following language: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration”
“I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
Garagetime reserves the right to ban any repeat copyright offender from using its Products. All rights not expressly granted in this Agreement are retained by the content owners and this Agreement does not grant any implied licenses.
13. Independent Contractor
As a User, Your relationship with Garagetime is that of an independent contractor. Nothing in this Agreement or in the course of business between You and Garagetime shall create any employment, agency, joint venture or partnership relationship.
14. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PRODUCTS SHALL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW. GARAGETIME, ITS MEMBERS, MANAGERS, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION THOSE OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), IN CONNECTION WITH THE PRODUCTS AND YOUR USE THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GARAGETIME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT CONTAINED IN THE PRODUCTS (INCLUDING WITHOUT LIMITATION INFORMATION ABOUT USERS OR GARAGE LISTINGS) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS OR INACCURACIES OF CONTENT, (II) LOSS OF INCOME, LOST PROFITS, INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCTS OR YOUR USE OR HOSTING OF ANY GARAGE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR CONFIDENTIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES OR ANY DELAY CAUSED BY GARAGETIME PROCESSES OR PROCEDURES, (V) ANY VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS. GARAGETIME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY USERS OR ANY THIRD PARTY THROUGH ITS PRODUCTS OR ANY HYPERLINKED PRODUCTS OR SERVICES OR PRODUCTS OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GARAGETIME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY SERVICE PROVIDERS. GARAGETIME MAKES NO WARRANTY THAT ANY ERRORS IN ITS PRODUCTS WILL BE CORRECTED OR THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
GARAGETIME FURTHER DISCLAIMS ANY LIABILITY ARISING OUT OF THE ACTS OR OMISSIONS OF HOSTS OR GUESTS AND THE FAILURE OF ANY HOST OR GUEST TO CARRY INSURANCE, REGARDLESS OF WHETHER SUCH HOST OR GUEST CLAIMS TO HAVE SUCH INSURANCE THROUGH ONE OF THE PRODUCTS. GARAGETIME DISCLAIMS ANY LIABILITY ARISING FROM YOUR TRANSPORTATION TO OR FROM, ENTRANCE, OR EXIT FROM ANY GARAGE.
YOU AGREE THAT USING OR HOSTING GARAGE SPACE CARRIES INHERENT RISKS, AND BY USING OUR PRODUCTS YOU ASSUME THOSE RISKS VOLUNTARILY. IF YOU ARE BRINGING A MINOR TO A GARAGE AS A GUEST, YOU ALONE ARE RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT YOUR USE OF A GARAGE.
15. Limitation of Liability
IN NO EVENT SHALL GARAGETIME, ITS AFFILIATES, EQUITY OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GARAGETIME IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE AGGREGATE AMOUNT OF DAMAGES RECOVERABLE BY A USER AGAINST GARAGETIME WITH RESPECT TO ANY AND ALL BREACHES, PERFORMANCE, NONPERFORMANCE, ACTS OR OMISSIONS HEREUNDER WILL NOT EXCEED THE AGGREGATE AMOUNT ACTUALLY PAID BY SUCH USER THROUGH ANY OF THE PRODUCTS. YOU ACKNOWLEDGE THAT GARAGETIME SHALL NOT BE LIABLE FOR CONTENT OR THE CONDUCT OF ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION ANY HOST OR GUEST) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You hereby agree to indemnify, defend and hold harmless Garagetime, its affiliates, equity owners, members, managers, officers, employees, agents, partners, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any of your obligations hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by You, and in such case, You agree to fully cooperate with such defense and in asserting any available defenses.
17. Ability to Accept Terms and Conditions
We may terminate Your use of the Products immediately without notice for any breach by You of this Agreement or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product at any time. You may terminate this Agreement by ceasing to use the Products at any time. We have no obligation to retain any of Your Account’s content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Company Content. You agree that Garagetime shall not be liable to You or any third party for any termination of Your access to the Site or the Products. Any accrued rights to payment and Sections 14, 15, 17, 18, 19, and 20 and all representations and warranties contained herein shall survive termination.
19. Jurisdiction; Venue; Waiver of Jury Trial.
This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado, without regard to conflict-of-law provisions. All actions to enforce this Agreement must be brought in state or federal court in Denver, Colorado. YOU ACKNOWLEDGE AND AGREE THAT BY ENTERING INTO THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
20. Entire Agreement
Except as it may be supplemented by additional terms and conditions, policies, guidelines or standards, this Agreement constitutes the entire agreement between Garagetime and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Garagetime and You in relation to the access to and use of the Products.