GUEST TERMS AND CONDITIONS

YOU SHOULD REVIEW THIS AGREEMENT IN ITS ENTIRETY. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT BY REGISTERING TO BECOME A USER OR BY USING THE KNOCK KNOCK CITY PLATFORM. YOU WILL BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER TO USE OR USE THE PLATFORM.

These Guest Terms and Conditions (the “Guest Terms”) state the terms and conditions between Knock Knock City, Co. (“Knock Knock City,” “we,” “us,” or “our”) and users of the Knock Knock City website and software platform (the “Platform”) who register as guests (“Guest,” “you,” or “your”) to purchase services from registered storage location providers (“Hosts”). Guest and all other Users are also subject to the terms of the Knock Knock City User Agreement (“User Agreement”), which is incorporated herein by reference. Capitalized terms used in these Guest Terms which are not defined have the meaning stated in the User Agreement.

We reserve the right to change the Guest Terms at any time in our sole business discretion. Please check these Guest Terms regularly for changes. Your continued use of the Platform following the posting of any changes to the Guest Terms will constitute your acceptance of and agreement to our changes.

  1. Relationship.
    1. These Guest Terms state the terms under which Guest has the right to use the Platform, and the obligation to pay Knock Knock City fees, if applicable.
    2. Hosts are localized businesses with physical space accessible to people and safe for the temporary storage of people’s items who use the Platform to offer hosting and storage of items for Guests. Knock Knock City is not a party to transactions between Guests and Hosts. Knock Knock City has no responsibility for, control over, or involvement in the scope, nature, quality character, timing or location of storage location site.
  2. Host Data.Guest acknowledges that the profile information for each Host available via the Platform is compiled and maintained by the Hosts themselves and not Knock Knock City. Guest is responsible for conducting whatever investigation or verification of a Host’s profile information that Guest deems necessary for purposes of entering into a transaction with that Host. Knock Knock City does not and will not investigate Hosts and does not certify or verify the skills, qualifications, background, experience or other Profile Information or other information provided by Hosts in their profile or elsewhere through the Platform. Knock Knock City makes no representation as to the validity or accuracy of information provided by Hosts. Guest uses the Platform and contracts with Hosts at its own risk.
  3. Host Registration.Guest will have access to profiles of all registered Hosts offering their temporary storage rental locations through the Knock Knock City’s Platform.
  4. Guest Data.
    1. The Platform allows Guests to create a profile to be viewed by prospective Hosts who wish to offer their services. Knock Knock City does not own any information, text, data, or other content that Guest submits, stores, or uses in the Platform, including all transaction information (the “Guest Data”). Guest shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Guest Data.
    2. Guest grants Knock Knock City a royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, distribute, perform and display Guest Data solely in connection with its operation of the Platform and related business purposes. Knock Knock City will only use personally identifiable information of Guest included in the Guest Data for purposes of providing, improving and customizing the Platform, and to de-identify such Guest Data as well as for any purpose set forth in the Knock Knock City Privacy Policy. Once Knock Knock City has de- identified Guest Data, Knock Knock City may analyze, use and disclose such de-identified information for any purpose, including for marketing and advertising via the Platform interface, and as otherwise set forth in its Privacy Policy.
  5. Payment to Hosts and Fees.
    1. A Host who temporarily stores items for a Guest through the Platform will be paid by Knock Knock City on behalf of the Guest. As a condition of being allowed to post and accept fees and transactions between Guests and Hosts via the Platform, Guest must deposit funds with Knock Knock City or meet Knock Knock City’s credit requirements. Any Guest funds held by Knock Knock City will be held in a custodial account and will be commingled with the funds of other Guests. Guest acknowledges that Knock Knock City will not pay interest on the funds it holds on deposit.
    2. Knock Knock City charges fees for the use of the Platform upon Guest’s retrieval of his or her items from Hosts. When a Guest stores items with a Host through the Platform, the Host will pay Knock Knock City a set percentage of the fees. Knock Knock City will deduct these fees directly from the fees payable to a Host by a Guest. Knock Knock City’s fees are subject to periodic changes in its sole business discretion. Use of the Platform constitutes acceptance of Knock Knock City’s most current pricing.
    3. Once the Guest authorizes its acceptance of his or her items through the Platform and Knock Knock City facilitates Guest’s payment to the Host, Knock Knock City shall have no further financial obligation with respect to Guest or Host under that certain transaction. Any refund of amounts paid or a warranty claim related to a transaction shall be the responsibility of the Host who was paid for the services.
    4. In addition to any other remedies it may have under these Guest Terms, Knock Knock City reserves the right to suspend or terminate Guest’s access to the Platform in order to protect Knock Knock City’s rights and interests. In addition, Guests who have a rating score lower than 3.0/5.0 is kicked out for good and banned from signing up again.
    5. In the event that any jurisdiction imposes sales, use, value-added, excise, or other taxes payable on account of payments to Knock Knock City, other than taxes on Knock Knock City’s own income (“Taxes”), Knock Knock City’s fees will be increased to cover such Taxes so that it receives a net amount equal to the full amount of the fees or other payment obligations that would otherwise have been payable under these Guest Terms as if no such deduction or withholding was required.
    6. Booking.The Hosts, not Knock Knock City, are solely responsible for honoring any confirmed bookings and making available any temporary storage space reserved through the Platform. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a temporary storage locaton, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such accommodation imposed by the Host.

      You acknowledge and agree that you, and not Knock Knock City, will be responsible for performing the obligations of any such agreements, that Knock Knock City is not a party to such agreements, and that, with the exception of payment obligations, Knock Knock City disclaims all liability arising from or related to any such agreements.

      The total fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. The Host request will be automatically accepted. However, the Host may reject the booking within five (5) minutes of receiving notification and your booking will then be cancelled. Upon receipt of your booking request, Knock Knock City may initiate a pre-authorization and/or charge a nominal amount to your payment method. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Knock Knock City will be refunded to such Guest, depending on the selections the Guest makes via the Platform, and any pre- authorization of such Guest’s payment method will be released, if applicable.

      You as a Guest agree to pay the total fees for any booking requested, and in most cases confirmed, in connection with your Knock Knock City account. Knock Knock City will collect the Total Fees.

      Once your pick up transaction is complete you will receive a confirmation Communication summarizing your confirmed booking.

      Host may impose an additional fee for items left overnight
    7. Cancellations and Refunds.If, as a Guest, you wish to cancel a confirmed booking made via the Platform, either prior to or after arriving at the Host location, the cancellation policy of the Host contained in the applicable listing will apply to such cancellation. Our ability to refund the fees charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Platform. Knock Knock City will initiate any refunds due.

      If a Host cancels a confirmed booking made via the Platform, Guests will receive a communication from Knock Knock City containing alternative listings and other related information. If the Guest requests a booking from one of the alternative listings and the Host associated with such alternative listing confirms the Guest’s requested booking, then the Guest agrees to pay Knock Knock City the total fees relating to the confirmed booking for the alternative listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received a communication from Knock Knock City, please contact Knock Knock City.
  6. Tax Reporting and Payment Obligations.Guest otherwise will be responsible for meeting any and all tax payment or reporting obligations that may be imposed by the laws of any legal jurisdiction as a result of the payment of fees or other compensation to Hosts for services provided pursuant to transactions via the Platform.
  7. Service Levels.Knock Knock City will use reasonable efforts to make the Platform available for access and use by Guest. Guest acknowledges and agrees that Knock Knock City will not be liable for: (i) any unavailability caused by acts or omissions of Guest, any Host or other third parties, or caused by events outside Knock Knock City’s control; (ii) problems with Guest’s internet access or private computer and mobile network and equipment; and (iii) Knock Knock City’s regularly scheduled maintenance work. Knock Knock City will use reasonable efforts to cause all maintenance to be completed between 10:00 p.m. and 6:00 a.m. U.S. Central Time, and to minimize any unavailability of the Platform, whether scheduled or not.
  8. Support and Maintenance.Knock Knock City will provide email, text-based, or telephone support to Guest. Currently, such support generally is available Monday through Friday, excluding U.S. Federal Holidays, from 9:00 a.m. to 5:00 p.m. U.S. Central Time. Support shall include assistance with general usage and functionality issues and correction of software bugs and errors. Knock Knock City will make reasonable efforts to correct or fix reported software bugs and errors promptly after being notified of the problem.
  9. Data Security.Knock Knock City will use reasonable efforts to secure, protect, and maintain the integrity of all data stored by Guest in accessing and using the Platform. Guest is solely responsible for the security of all usernames and passwords that may be required to access and use the Platform. If the security of such information is comprised, Guest agrees to promptly notify Knock Knock City.
  10. Equipment Costs.Guest will be responsible for all equipment, network, and other costs necessary for Guest to access and use the Platform via the Internet.
  11. No Consulting Services.Knock Knock City will not be obligated to provide Guest with any consulting or other services related to the use of the Platform.
  12. Confidentiality.
    1. Definition.In performing and accepting services under these Guest Terms, Knock Knock City and Guest may exchange technical, product, financial, and business information which is confidential or proprietary to them (“Confidential Information”). Confidential Information shall be limited to information clearly marked as confidential or proprietary, or information which is disclosed verbally and identified as confidential or proprietary when disclosed.
    2. Obligations.Knock Knock City and Guest will hold all Confidential Information they receive from the other party in strict confidence and will only use it to perform their respective obligations and exercise their rights under this Agreement. Confidential Information may only be disclosed to employees, agents, consultants, and professional advisors who have a good faith need to know such information for the purposes of this Agreement, provided the person receiving the information has a confidentiality obligation to the disclosing party which is at least as stringent as the confidentiality terms of this Agreement. The receiving party shall protect and safeguard the Confidential Information against unauthorized disclosure by procedures no less stringent than those it uses for protecting its own confidential or proprietary information, and in any event by use of no less than a reasonable degree of care.
    3. Limitations.These Guest Terms impose no obligation with respect to information which: (i) was in the possession of, or was known by, the receiving party prior to its receipt from the discloser, without an obligation to maintain its confidentiality; (ii) is or becomes generally known to the public without violation of these Guest Terms; (iii) was obtained by the receiving party from a third party having the right to disclose it, without an obligation to keep such information confidential; or (iv) is independently developed by the receiving party without the use of Confidential Information.
    4. Ownership.Each party retains all intellectual property rights in and to its own Confidential Information.
    5. Survival.The confidentiality provisions of these Guest Terms shall survive its termination for a period of five (5) years, except for the obligations of the parties regarding any trade secret information which shall survive indefinitely.
  13. No Circumvention.Guest shall engage Hosts directly through the Platform only. Guest shall not communicate with any Hosts outside of the Platform for the purpose of avoiding any obligations under these Guest Terms or the User Agreement, including the obligation to pay any Knock Knock City fees. Guest shall not take any actions which would circumvent the processing of payments through the Platform or prevent Knock Knock City from collecting transaction fees due from a Host.
  14. Guest Conduct.You understand and agree that you are solely responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to your use of the Platform. In connection with your use of the Platform as a Guest, you may not and you agree that you will not:
    1. falsely claim any damaged or stolen item;
    2. if the zip tie or lock is still on when you retrieve your item(s), you will not report any stolen, damaged, or broken items;
    3. leave items at a Host’s temporary storage location for longer than five (5) days;
    4. store any contraband, including but not limited to, explosives, hazardous materials, drugs, or items that are illegal, life threatening, chaos creating or could cause harm;
    5. discriminate against Hosts on the basis of race, gender, ethnicity, or the like;
    6. verbally or physically assault Hosts;
    7. steal goods or belongings of Host locations;
    8. damage Host’s location; or
    9. threaten, cause damage or trauma to, or assault Hosts.
  15. Term and Termination.These Guest Terms commence when Guest registers to use the Platform for the first time and continue in force until terminated by either party. Guest may terminate these Guest Terms immediately upon notice to Knock Knock City at any time and for any reason. Knock Knock City may terminate these Guest Terms immediately without any notice at any time and for any reason. Upon termination by either party, Guest’s rights to access and use the Platform will cease immediately. Upon any termination, Guest will not be relieved of any obligation to pay any fees due to Knock Knock City which accrued before the termination date. If these Guest Terms are terminated for any reason, Knock Knock City will make the Guest Data available for transmittal to Guest within a reasonable period after receiving a written request from Guest, provided such request is received within sixty (60) days following termination.
  16. Warranties and Disclaimer.
    1. General.Knock Knock City and Guest each represent and warrant as to themselves that: (i) each are duly organized, validly existing and in good standing under the laws of the respective jurisdictions in which they were formed (in the case of Guests who are not individual persons); (ii) each has full power and authority to execute, deliver, and perform these Guest Terms; (iii) these Guest Terms have been duly authorized, executed, and delivered by and are a legal, valid, and binding obligation in accordance with these terms; and (iv) each of their obligations under these Guest Terms shall be performed in compliance with any obligations to third parties and all applicable law, rules, or regulations of any governmental entity or agency.
    2. Guest Data.Guest represents and warrants that: (i) Guest owns or has secured sufficient intellectual property rights to the Guest Data to deliver it to Knock Knock City for use in the Platform as intended by these Guest Terms; (ii) the Guest Data does not and will not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, libelous, deceptive, fraudulent, or violates any person’s privacy or publicity rights; and (iii) the Guest Data does not and will not contain a software virus or other harmful component.
  17. Disclaimer.USE OF THE PLATFORM IS AT GUEST’S SOLE RISK. EXCEPT AS SET FORTH EXPRESSLY IN THESE TERMS AND CONDITIONS, THE PLATFORM IS PROVIDED “AS IS” AND “AS-AVAILABLE” AND WITHOUT A WARRANTY OF ANY KIND. KNOCK KNOCK CITY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION OR QUALITY OF THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KNOCK KNOCK CITY DOES NOT WARRANT THAT THE PLATFORM WILL MEET ANY USER’S REQUIREMENTS, OPERATE IN COMBINATION WITH OTHER SOFTWARE OR WEBSITES, BE UNINTERRUPTED OR ERROR-FREE, OR FUNCTION WITHIN A PARTICULAR SYSTEM. NO OTHER ORAL OR WRITTEN ADVICE GIVEN BY KNOCK KNOCK CITY WILL CREATE A WARRANTY REGARDING THE PLATFORM. NO AGENT OR EMPLOYEE OF KNOCK KNOCK CITY IS AUTHORIZED TO MAKE ANY WARRANTY OBLIGATIONS ON BEHALF OF KNOCK KNOCK CITY OR MODIFY THE LIMITATIONS STATED IN THIS SECTION 17.
  18. Indemnification.
    1. Knock Knock City Indemnification.Knock Knock City shall indemnify and hold Guest, its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (i) any alleged conduct which would constitute a breach of the representations and warranties of Knock Knock City set forth herein; or (ii) a claim that the use of the Platform (other than third party materials) infringes the copyright, trademark, or United States or Canadian patent rights of any third party. Upon notice of an alleged infringement or if in Knock Knock City’s opinion such a claim is likely, Knock Knock City shall have the right, at its option, to obtain for Guest the continuing right to use the Platform, substitute other non-infringing functionality, or modify the Platform so that it is no longer infringing. THIS SECTION SETS FORTH KNOCK KNOCK CITY’S SOLE AND EXCLUSIVE LIABILITY, AND GUEST’S SOLE AND EXCLUSIVE REMEDY, FOR KNOCK KNOCK CITY’S INFRINGEMENT OF THIRD PARTY RIGHTS OF ANY KIND.
    2. Guest Indemnification.Guest shall indemnify and hold Knock Knock City, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (i) a claim based on any alleged misuse of the Platform by Guest, or a claim that any Guest Data infringes the copyright, trademark, or patent rights of any third party; (ii) any alleged conduct which would constitute a breach of the representations and warranties of Guest set forth herein; and; and (iii) any claims arising out of or related to any transaction, including: (i) any claims by any third party or government agency that a Host was misclassified as an independent contractor or employee of Guest; (ii) any claim that Knock Knock City was an employer or joint employer of a Host; and (iii) related legal claims under any employment laws.
    3. Conditions.Each party shall indemnify the other party as set forth above provided that: (i) the indemnified party notifies the indemnifying party promptly in writing of the claim; (ii) the indemnifying party has sole control of the defense and all related settlement negotiations with respect to the claim; provided, that the indemnified party has the right, but not the obligation, to participate in the defense of any such claim through counsel of its own choosing; and (iii) the indemnified party cooperates fully to the extent necessary, and executes all documents necessary for the defense of such claim.
  19. Limitations of Liability.
    1. KNOCK KNOCK CITY’S AGGREGATE LIABILITY TO GUEST FOR CLAIMS RELATING TO THESE TERMS, WHETHER IN CONTRACT OR TORT, WILL BE LIMITED TO THE TOTAL FEES PAID OR OWING TO KNOCK KNOCK CITY FOR WORK ORDERS COMPLETED FOR GUEST DURING THE MOST RECENT SIX (6) MONTHS OF THE TERM OF THESE GUEST TERMS OR $2,500, WHICHEVER IS LESS.
    2. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE, HOWEVER IT ARISES, WHETHER IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
    3. Allocation of Risk.Knock Knock City and Guest acknowledge that the foregoing limitations of liability represent a reasonable and negotiated allocation of risk that these limitations constitute an integral part of these Guest Terms, and that absent these limitations the parties would not have executed these Guest Terms. The limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.