KNOCK KNOCK CITY, CO. USER AGREEMENT
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.
This Knock Knock City User Agreement (the “Agreement”) states the terms and conditions governing users of the Knock Knock City website and software platform (the “Platform”). The Platform is owned and operated by Knock Knock City, Co. (referred to as “Knock Knock City,” “we,” “us” or “our”), a corporation organized under the laws of the state of Delaware, United States. All users (the “User,” “you,” or “your”) of the Platform are subject to this User Agreement.
We reserve the right to change this User Agreement at any time in our sole business discretion. Please check these terms regularly for changes. Knock Knock City does not assume any obligation to personally or individually notify Users of any modifications to this Agreement, or the creation of additional terms or the elimination of any terms. Your continued use of the Platform following the posting of any changes to the User Agreement will mean you accept and agree to those changes.
- Background; Other Agreements.
- How it Works. Members of Knock Knock City (“Hosts”) are localized businesses with physical space accessible to travelers and safe for the temporary storage of traveler’s items who use the Platform to offer hosting and storage of items for people who don’t want to carry bags and luggage around (“Guests”). Hosts and Users can use the Platform to directly and independently coordinate with each other regarding all aspects of item storage through the Platform’s listing, booking, and payment functionality.
- How to become a registered Host. Users who want to use the Platform to offer their space to Guests must register as Hosts and accept the Host Terms and Conditions (the “Host Terms and Conditions”) accessible by following this link:www.knockknock.city/hostagreement.
- How to become a registered Guest. Users who want to use the Platform to temporarily store items with Hosts must register as Guests and accept the Guest Terms and Conditions (the “Guest Terms”) accessible by following this link:www.knockknock.city/guestagreement.
- Knock Knock City’s Role. We urge all Users to be responsible about their use of the Platform and any transaction entered into as a result of either listing a Host location or storing property as a Guest. We do not own or manage, nor can we contract for, any storage location listed on the Platform. The Platform provides an on-line marketplace to allow businesses to offer for rent in a variety of pricing formats, a specific temporary storage location to Guests. We also may offer online booking or other tools or services to allow users to communicate.
We are not a party to any storage rental or other agreement between Users. This is true even if the Platform allows you to book a storage rental or provides other ancillary products or services, as the Platform may facilitate booking a storage rental or other tools, services or products, but we are not a party to any rental or other agreement between Users. As a result, any part of an actual or potential transaction between a Guest and a Host, including the quality, condition, safetyor legality of the locations advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any Guest or Host), the ability of Guests to rent a storage location or the ability of Guests to contract for locations are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and Knock Knock City may place additional restrictions on your booking, product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Platform, their use of any tool, service or product offered on through the Platform and any transaction they enter into on through the Platform or in connection with their use of the Platform.
Users further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any storage rental transaction and assume no liability for legal or regulatory compliance pertaining to storage rental locations listed through the Platform, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Hosts who accept credit card, banking or other payment information from Guests agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
While we do take certain measures with a goal to assist Users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
- User Account Information; Eligibility to Use the Platform.
- Users must have an individual User account with a username and password to use the Platform. All information that Users submit to the Platform must be real, accurate, and verifiable. Knock Knock City reserves the right to validate all identity information at any time. Further, by submitting information, you authorize Knock Knock City to make such inquiries as it determines are necessary to validate identity and confirm your ownership of your email address and financial information, either directly or via a third party validation service. Subject to any restrictions or limitations under applicable law, you agree to provide information requested by Knock Knock City to verify the accuracy of your User account information. Failure to provide required information to operate the Platform when requested is a violation of this User Agreement. You are solelyresponsible for maintaining the security of your username and password. If you disclose this information to any third party, you shall be solely responsible for all actions taken through your Knock Knock City account. You must notify Knock Knock City immediately if you suspect that your username or password has been stolen or are being misused by someone else. You acknowledge and agree that Knock Knock City’s security procedures are commercially reasonable.
- Only adults and legal entities that are capable of entering and performing legally binding contracts may use this Platform. The Platform is not intended for use by minors. Persons under the age 18 are prohibited from using this Platform.
- For purposes of this User Agreement, you warrant and represent that:
- your use of the Platform is not prohibited by the laws, rules, or regulations of the country or other legal jurisdiction in which you reside;
- you are not located in a country or region, nor are you a citizen of a country or region, that is (i) subject to U.S. federal government sanctions or embargoes, including without limitation Cuba, Iran, North Korea, Sudan, and Syria, or (ii) that is on Canada’s Area Control List under Canada’s Export and Imports Permits Act; and
- you are not employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List, and are not otherwise ineligible to receive items subject to U.S. export control laws, rules, and regulations.
- you have authority to enter into this User Agreement on behalf of yourself, or on behalf of the registered business organization with which you are associated or for whom you are working when using this Platform.
- Relationship. This User Agreement does not in itself create an agency, employment, joint employment, franchise, joint venture, or partnership between Knock Knock City and any User.
- License; Limitations; Reservation of Proprietary Rights.
- Knock Knock City grants to you a non-exclusive right and license to access and use the Platform solely for your own business purposes for the term of this User Agreement subject to the payment of all applicable fees.
- You shall not:
attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Platform available to any third party;
create any derivative works based on the Platform, either on your own or through any third party;
produce a source listing, decompile, disassemble, or otherwise reverse engineer the Platform;
interfere with or disrupt the performance of the Platform for any reason, or attempt to gain unauthorized access to any data stored in such product; orremove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices on the Platform, including any screens displayed by such product.
- Knock Knock City retains all ownership and intellectual property rights to the Platform that are not specifically granted to Users hereunder.
- Social Media Features.
- The Platform includes features that allow Users to post messages, comments, statements, and personal information for viewing by other Users of the Platform. Users are responsible for exercising such care as is necessary to protect their private, confidential, or personal information when using such Platform functionality. You are responsible for maintaining the privacy of your personally identifiable information when using this functionality. If you do post comments to message forums or via similar features, or send any comments or questions about the Platform via email, telephone, or other means, such information is public, and Knock Knock City may store, maintain, and use such information indefinitely, and may also disclose such information to third parties in our sole business discretion. Usage of the Platform constitutes consent of User for Knock Knock City to contact the User by way of electronic and/or cellular communication with information, updates, opportunities and selected announcements from Knock Knock City or third parties with whom Knock Knock City has a contractual relationship. Users may opt out of these communications via the Platform.
- Knock Knock City is not legally responsible for any information or content posted or made available on the Platform by any User which is defamatory, violates privacy rights, or otherwise violates the rights of another user or third party. Knock Knock City does not actively monitor or censor any information posted for viewing via the Platform although it expressly reserves the right to monitor the postings or other activities of Users at any time without notice. Knock Knock City reserves the right to remove or restrict access to any information or content posted or made available on the Platform if it determines that such information violates this User Agreement or any law, rule, or regulation of any legal jurisdiction.
- Acceptable Use of the Platform. By accessing the Platform, you agree that:
- you will not knowingly provide or enter any false, misleading, or fraudulent information;
- you will not use the Platform for any illegal purpose, nor will you provide or enter any material or information in violation of any applicable law or regulation;
- all information and User content provided or entered by you (i) must be original to you, and not violate the copyright or other proprietary rights of any third party, and (ii) must not violate the rights of any third party, including trade secret or privacy rights;
- information provided or entered by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive;
- you will not hold yourself out as someone you are not or otherwise impersonate any other person;
- you will not interfere or tamper with the functioning of the Platform, nor will you attempt to gain access to information or control of the Platform not specifically granted to you;
- you will not use the Platform to transmit any spyware, virus or similar destructive program or code;
- you will not compile any database or list of other Platform Users, nor will you use the Platform to facilitate the sending of any spam (unsolicited emails), bulk email, or email offering to sell goods or provide services, except as specifically authorized in conjunction with Knock Knock City services and in no event will you send emails that would violate the CAN-SPAM Act in any way;
- you will abide by any other rules for participation in any social media features on the Platform including but not limited to not entering advertisements in messages, newsgroups, chat rooms, or forums in violation of the terms of participation for such newsgroups or forums, or on topics not intended for such newsgroups, chat rooms or forums; and
- you will not use the Platform to discuss or disclose the terms of any transaction between Guest and Host, except to facilitate the specific transaction at hand.
- Links to Other Websites. The Platform may provide links to websites owned and operated by third parties. Knock Knock City exercises no control whatsoever over such websites and is not responsible or liable for the availability, content, advertising, products, services, or other materials available or viewable on such websites. Access and use of such linked websites is solely at your own risk.
- Term and Termination of the Agreement. This User Agreement commences when you register to use or use the Platform for the first time and continues in force until terminated by you or Knock Knock City. You may terminate this User Agreement immediately upon notice to Knock Knock City at any time for any reason. Knock Knock City may also terminate this User Agreement immediately without any notice at any time and for any reason. Upon termination by you or by Knock Knock City, your right to access and use the Platform will cease immediately. Termination does not relieve you from the obligation to pay any fees due to Knock Knock City which accrued before the termination date or which are otherwise owed in connection with activities or commitments made through use of the platform prior to notifying Knock Knock City of your intent to terminate the Agreement.
- Insurance. Knock Knock City covers up to and including a maximum of $500 in the event of any loss or damage to Guest's luggage, this including the value of the bag/suitcase. Guest's bags must not contain any of the items listed in Guest Terms & Conditions subject 14, which are not covered by Knock Knock City in case of any loss or damage to Guest's bag. Damage or loss of the items covered in pt. 14 in Guest Terms & Conditions, or in accordance with pt. 14 in Guest Terms & Conditions, are not covered by Knock Knock City or the shop, and are therefore the Guest's own responsibility. The Host is responsible for any damage to the luggage, theft of or from the luggage or loss as a result of late delivery of the luggage as a result of neglect from the shop’s side.
- KNOCK KNOCK CITY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE AND ACCESS, OR INABILITY TO USE AND ACCESS THE PLATFORM. KNOCK KNOCK CITY IS RELYING ON THE FOREGOING WARRANTY AND LIABILITY LIMITATIONS INPROVIDING THE PLATFORM. BY USING THE PLATFORM, YOU AGREE THAT THESE EXCLUSIONS ARE ACCEPTABLE. KNOCK KNOCK CITY IS RELYING ON THE FOREGOING WARRANTY AND LIABILITY LIMITATIONS IN PROVIDING THE PLATFORM. BY USING THE PLATFORM, YOU AGREE THAT THESE EXCLUSIONS ARE ACCEPTABLE.
- Indemnification.You will indemnify, defend, and hold Knock Knock City, its affiliates, and licensors, and each of its respective officers, managers, directors, agents, independent contractors, employees, consultants, service providers, and applicable third parties (collectively, the “Indemnified Parties”) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses arising out of or relating to: (a) your use or misuse of the Platform; (b) your failure to perform your obligations under this User Agreement; (c) any allegation that any content or material supplied by you via the Platform infringes or violates any third party rights; or (d) the use of the Platform by any third party who has access to the User’s computer or any other electronic device.
- Trademarks.“Knock Knock City” is a trademark of Knock Knock City, Co. All other marks, names, and logos displayed by the Platform are the property of Knock Knock City or their respective owners. User agrees not to use of Knock Knock City’s trademarks and other marks, names and logos displayed by the Platform without its prior written consent. Such use is strictly prohibited.
- Infringement Notification. Upon receipt of proper notification of claimed infringement, Knock Knock City will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with Knock Knock City, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
To expedite our ability to process your request, please use the following format (including section numbers): (a) identify with sufficient detail the copyrighted work that you believe has to been infringed. (For example, “The copyrighted work at issue is the “Name of the work” by “name of the author” and abstract number (http://___.com/abstract=123456);(b) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us and the owner or administrator of the User content to locate the material; (c) provide information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted; (d) include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; (e) include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyrightowner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and (f) sign the document.
Send the written communication to our designated agent at:Knock Knock City, Co.
Attention: Betsy Butwin
Bernick Lifson, P.A.
5500 Wazata Boulevard
Minneapolis, MN 55416
Email: [email protected]
- Counter Notification. The owner or administrator of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.
To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers): (a) identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (b) provide your name, address, and telephone number; (c) include the following statement: “I consent to the jurisdiction of Federal District Court for the State of Minnesota”; (d) include the following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”; (e) include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and (f) sign the document.
Send the written communication to our designated agent at:Knock Knock City, Co.
Attention: Betsy Butwin
Bernick Lifson, P.A.
5500 Wazata Boulevard
Minneapolis, MN 55416
Email: [email protected]
Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it in ten (10) business days. We will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice, unless our designated agent first receives notice from the person who submitted the original infringementnotification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system network or Platform.
- Infringers. In accordance with Section 512(i)(1)(a) of the DMCA, we will, in appropriate circumstances, disable and/or terminate the accounts of Users who engage in infringement.
- All notices required by this User Agreement must be delivered in person or by means evidenced by a delivery receipt to the principal business address of the party receiving the notice and addressed to the attention of its President, Chief Executive Officer, or other representative authorized to receive legal notices. Notices by email shall be valid provided that the recipient is authorized to receive notices for the party, and the recipient acknowledges receipt of the email via a return email which includes the full text of the original message.
- All actions related to this User Agreement will be governed by New York law and/or controlling U.S. Federal Law without regard to the choice of law provisions of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this User Agreement.
- A User may not assign or otherwise transfer its rights or obligations under this User Agreement for any reason without the prior written consent of Knock Knock City. Knock Knock City may assign this User Agreement in its business discretion without your consent, provided that the assignee assumes and agrees to perform all of Knock Knock City’s obligations under this User
- This User Agreement shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns.
- Any express waiver or failure to exercise promptly any right under this User Agreement will not create a continuing waiver or any expectation of non-enforcement.
- If any provision of this User Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
- The terms and conditions of this User Agreement which are intended by their nature to survive its termination shall survive such termination.
Last modified: May 30, 2018
HOST 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 Host Terms and Conditions (the “Host 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 Hosts (“Host,” “you,” or “your”). Host 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 Host Terms which are not defined have
the meaning stated in the User Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL
ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRE THE
USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JURY
TRIALS OR CLASS ACTIONS.
Except as provided in the “Arbitration Agreement and Class Waiver” in Section 11 below, we reserve the
right to change the Host Terms at any time in our sole business discretion. Please check these terms
regularly for changes. Your continued use of the Platform following the posting of any changes to the Host
Terms will constitute your acceptance of and agreement to those changes.
- These Host Terms and the User Agreement state the terms under which Host has the right to
use the Platform to offer rental storage locations to people who don’t want to carry bags and
luggage around (“Guests”), and the obligation to pay Knock Knock City fees if applicable.
- 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.
- Independent Contractor Relationship between Host and Knock Knock City.Nothing in this
Agreement is intended or should be construed to create an employer-employee relationship,
partnership, joint venture or franchisor/franchisee relationship between Knock Knock City and
Host. Host agrees that Host will not take any position with respect to or on any tax return or
application for benefits, or in any proceeding directly or indirectly involving Knock Knock City that
is inconsistent with Host being an independent contractor (and not an employee) of Knock Knock
City. Host is not an agent of Knock Knock City and Host is not authorized, and must not represent
to any third party that Host is authorized to make any commitment or otherwise act on behalf of
Knock Knock City.
Hosts will provide all equipment, labor and materials that may be needed to perform temporary
storage services. Knock Knock City will provide Hosts with numbered zipties to secure Guest’s
item(s). Knock Knock City will not provide any additional equipment, labor or materials that may
be needed. Further, Hosts are solely responsible for determining which Guests they will choose
to accommodate and the manner in which they will provide the services sought. Knock Knock City
will not provide Host with any training or direction with regard to services provided and will have
no control over the manner in which services are provided or the timing and location of the
provision of services. Host has the right to determine the manner in which services will be
provided to Guests.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as
prohibiting or discouraging) any Host from engaging in any other business activities, services or
projects that are separate and distinct from any business activities that Host may conduct through
- Benefits and Contributions.As an independent contractor, Host is not entitled to, or eligible
for, any benefits that Knock Knock City, its parents, subsidiaries, affiliates or other related entities
may make available to its employees, such as group insurance, profit-sharing or retirement
benefits. Because Host is an independent contractor, Knock Knock City will not withhold or make
payments for social security, make unemployment insurance or disability insurance contributions,
or obtain workers' compensation insurance on your behalf.
- Taxes and other Withholdings.For all purposes, including but not limited to the Federal
Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income
tax withholding requirements and all other federal, state and local laws, rules and regulations,
Host is and will be treated as an independent contractor and not as a Knock Knock City employee.
Accordingly, Knock Knock City will not withhold any employment taxes from any compensation
paid to Host under this Agreement, and Host will be responsible for the payment of all federal,
state, and local taxes or contributions imposed or required under unemployment insurance, social
security, medical insurance, income tax or other applicable laws, rules or regulations with respect
to the performance or rendering of services through the Platform and/or under this Agreement
by Host. Host agrees to indemnify, defend and hold Knock Knock City harmless from any costs,
expenses, penalties or damages (including attorney's fees) arising from Host's failure to properly
pay such taxes or contributions and/or Knock Knock City not withholding or remitting
employment taxes or contributions relative to compensation paid to Host.
- InsuranceAs an independent contractor, Host is not covered by any insurance that may be
provided by Knock Knock City to its employees, including, without limitation, health insurance,
workers' compensation insurance, general liability insurance, and automobile liability insurance.
Instead, Host is solely and exclusively responsible for Host's own insurance. Specifically, in the
event that Host is injured while working in the course and scope its services under the Platform,
Host acknowledges and understands that Host will not be covered by any workers' compensation
insurance coverage that Knock Knock City may provide to its employees. Further, in the event that
Hosts's actions cause an injury to a third party while Host is working in the course and scope of
providing services under the Platform or other activities covered by this Agreement, Host
acknowledges and understands that Host will not be covered by any general liability insurance
coverage that the Knock Knock City may have, and that the Knock Knock City is not making any
commitment to defend and/or indemnify you in such circumstances, and specifically denies any
- Host’s Insurance.Knock Knock City covers up to and including a maximum of $500 in the event of any loss or damage to Guest's luggage, this including the value of the bag/ suitcase. Guest's bags must not contain any of the items listed in Guest Terms & Conditions subject 14, which are not covered by Knock Knock City in case of any loss or damage to Guest's bag. Damage or loss of the items covered in pt. 14 in Guest Terms & Conditions, or in accordance with pt. 14 in Guest Terms & Conditions, are not covered by Knock Knock City or the shop, and are therefore the Guest's own responsibility. The Host is responsible for any damage to the luggage, theft of or from the luggage or loss as a result of late delivery of the luggage as a result of neglect from the shop’s side.
- Buyer Data.Host acknowledges that the profile information for each Guest available via the Platform
is compiled and maintained by the Guests themselves and not Knock Knock City. Host is responsible for
conducting whatever investigation or verification of a Guest’s profile information that Host deems
necessary for purposes of entering transaction with that guest. Host accepts transactions with any given
Guest at Host’s own risk. Knock Knock City will not conduct any investigation, certification, or verification
of the skills, qualifications, background, and experience of a Guest for Host.
- Provider Data.
- The Platform allows Hosts to create a profile for viewing by prospective Guests of their
services. Knock Knock City does not own any information, text, data, or other content that Host
submits, stores, or uses in the Host's profile, including all location information (the "Host Data").
Host shall have sole responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use of all Host Data.
- Host grants Knock Knock City a royalty-free, worldwide, non-exclusive right and license to use,
reproduce, modify, edit, adapt, publish, distribute, perform and display Host Data in connection
with its operation of the Platform and related business purposes. Knock Knock City will only use
personally identifiable information of Host included in the Host Data for purposes of providing,
improving and customizing the Platform, and to de-identify such Provider Data as well as for any
Host 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
- Host must enter information and data in the Platform for purposes of accepting and updating
the status and availability and capacity at its rental storage location. All such information is the
property of the applicable Guest and Host.
- Bookings, Payments and Fees.
- The Knock Knock City Fee.Knock Knock City will charge you a fee for the access and use of the Platform (the ”Knock Knock City Fee“) which will be deducted directly from the amountspayable to you by a Buyer for services performed. The Knock Knock City Fee will be fifty percent (50%) of the total amount payable to you pursuant to a completed transaction. 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.
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 Provider Terms as if no such deduction or withholding was required.
- Payment Method Requirements; Bank and Credit Card Fees.No Host may request any Guest to mail cash, or utilize any instant-cash wire transfer service such as Western Union, MoneyGram, or Venmo in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the website may result in the immediate removal of the non-conforming listing from the Platform without notice to the member and without refund. From time to time, we may become aware of Hosts attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
Users’ bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property. It is the User’s obligation to review any agreement with its bank or credit card company concerning any such fees.
- Payment to Hosts.Knock Knock City will collect the total fees from each Guest at the time the Guest picks up his or her item(s). Knock Knock City will initiate remittance of the payment for your provision of temporary rental storage for Guests. All payments are subject to the Knock Knock City Fees, as set forth herein and throughout the Platform. You may also receive any tips provided by Guests to you, and tips will not be subject to Knock Knock City Fees. Knock Knock City will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
- Pricing.You expressly authorize Knock Knock City to set the prices on your behalf for all
charges that apply to the provision of services via the Platform. Knock Knock City reserves the
right to change the pricing at any time in our discretion based upon local market factors, and
we will provide you with notice in the event of changes.
- Fee Adjustment.Knock Knock City reserves the right to adjust or withhold all or a
portion of fees payable to you if it believes that: (i) you have attempted to defraud or abuse
Knock Knock City or Knock Knock City’s payment systems, or (ii) in order to resolve a Guest
complaint. Knock Knock City’s decision to adjust or withhold the fees in any way shall be
exercised in a reasonable manner.
- No Circumvention of Knock Knock City Fees.You will not accept payment for temporary
storage rental to any Guest outside of Knock Knock City’s Payments. If you do so, you
acknowledge and agree that you: (1) would be in breach of these terms; (2) accept all risks
and responsibility for such payment; and (3) hold Knock Knock City harmless from any liability
for such payment.
- Bookings.If you are a Host and a booking is requested for your temporary storage location
via the Platform, such request will be accepted by default. You, as the Host, may reject a request
only within the first five (5) minutes of receiving the booking notification . When a booking is
requested via the Platform, we will share with you (i) the first and last name of the Guest who has
requested the booking, (ii) a link to the Guest’s Knock Knock City Account profile page, and (iii) an
indication of whether or not the Guest has provided other information to Knock Knock City, such
as a verified email address or a government ID.. When requested booking request is made by a
Guest, Knock Knock City will send you a communication confirming such booking, depending on
the selections you make via the Platform.
- Cancellations and Refunds.If, as a Host, you cancel a confirmed booking, you agree that
Knock Knock City may apply penalties or consequences to you or your Listing, including (i)
publishing an automated review on your listing indicating that a booking was cancelled, (ii)
keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking,
or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee
applies before you decide to cancel.
- Host 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 Host, you may not and you agree that you
- break, damage, steal, or resell Guest’s items;
- duplicate Guest’s items and remit duplicated or counterfeited items to Guests;
- discriminate based on Guest’s ethnicity, race, gender and the like;
- verbally or physically assault Guests;
- threaten, cause damage or trauma to Guests; or
- steal, copy, sell, redistribute any Guest information or items.
- In connection with your use of the Platform as a Host, you agree that you will:
- remain present at your rental storage location within business hours;
- keep your business open during the business hours claimed on your listing; and
- place a lock or zip tie on all Guest items in a way that disables access to the inside of the
- Definition.In performing and accepting services under these Host Terms, Knock Knock City and Host may exchange technical, product, financial, and business information which is confidential or proprietary to them (“Confidential Information”). Confidential Information shallbe limited to information clearly marked as confidential or proprietary, or information which is disclosed verbally and identified as confidential or proprietary when disclosed.
- Obligations.Knock Knock City and Host 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 these Host Terms. 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 these Host Terms, 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 these Host Terms. 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.
- Limitations.These Host 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 Host 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
- Ownership.Each party retains all intellectual property rights in and to its own Confidential
- Survival.The confidentiality provisions of these Host 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.
- Term and Termination.These Host Terms commence when Host registers to use the Platform for the
first time and they continue in force until terminated by either party. Host may terminate these Host
Terms immediately upon notice to Knock Knock City at any time and for any reason. Knock Knock City may
terminate these Host Terms immediately without any notice, at any time and for any reason. Upon
termination by either party, Host’s right to access and use the Platform will cease immediately. Upon any
termination, Host will not be relieved of the obligation to pay any fees due to Knock Knock City which
accrued before the termination date. In addition to any other remedies it may have under these Host
Terms, Knock Knock City reserves the right to suspend or terminate Host’s access to the Platform in order
to protect Knock Knock City’s rights and interests.
- Warranties and Disclaimer.
- General.Knock Knock City and Host each warrants and represents, as to themselves, that (i)
they are duly organized, validly existing and in good standing under the laws of the respective
jurisdictions in which it was formed (in the case of Hosts who are not individual persons); (ii) they
have full power and authority to execute, deliver, and perform these Host Terms; (iii) these Host
Terms have been duly authorized, executed, and delivered by and are their legal, valid, and
binding obligations in accordance with the terms herein; and (iv) obligations under these Host
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.
- Host Data.Host represents and warrants that: (i) Host owns or has secured sufficient
intellectual property rights to any and all Host Data that Host stores, accesses, and uses with the
Platform; (ii) the Host 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 Host Data does not and will not contain a software virus or
other harmful component.
- Disclaimer.EXCEPT AS SET FORTH EXPRESSLY IN THESE HOST TERMS, THE PLATFORM IS
PROVIDED “AS IS.” 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 THE 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 9.3.
- Knock Knock City Indemnification.Knock Knock City shall indemnify and hold Host, 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 Host 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 HOST’S SOLE AND EXCLUSIVE REMEDY, FOR KNOCK KNOCK CITY’S INFRINGEMENT OF THIRD
PARTY RIGHTS OF ANY KIND.
- Host Indemnification.Host 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) any
claim based on any alleged misuse of the Platform by Host, or a claim that any Host 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 Host set forth herein; and (iii) related
to any transaction, including any claims by any third party or government agency that Host was
misclassified as an independent contractor or employee of a Guest, and any claim that Knock
Knock City was an employer or joint employer of Host, and related legal claims under any
- 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.
- Arbitration Agreement and Class Action Waiver.Knock Knock City and Host mutually agree to resolve
any and all covered justiciable disputes between them exclusively through final and binding arbitration
instead of a court or jury trial. This arbitration agreement is governed by the Federal Arbitration Act (9
U.S.C. §§ 1-16) and applies to any and all claims arising out of or relating to the Host Terms, this Arbitration
Agreement, the Host’s classification as an independent contractor, Host’s provision of services, Host’s use
of the Platform, any payments made or received by Host through the Platform or arising out of or relating
to the acceptance or performance of services arranged through the Platform, the termination of this
Agreement, and all other aspects of the Host’s relationship (or the termination of its relationship) with
Knock Knock City, past, present or future, whether arising under federal, state or local statutory and/or
common law. Host and Knock Knock City agree that the mutual obligations to arbitrate disputes provide
adequate consideration for this arbitration agreement.
- If either party initiates arbitration, the initiating party must notify the other party in writing
via U.S. Mail, or hand delivery within the applicable statute of limitations period. This demand for
arbitration must include: (i) the name and address of the party seeking arbitration; (ii) a statement
of the legal and factual basis of the claim; and (iii) a description of the remedy sought. Any demand
for arbitration by Host must be delivered to Knock Knock City, Co. at 100 South 4 th Street, #3E,
Brooklyn, New York, 11249. The arbitrator will resolve all disputes regarding the timeliness or
propriety of the demand for arbitration.
- Class and Collective Action Waivers.Knock Knock City and Host mutually agree that by
entering into this agreement to arbitrate, both waive their right to have any dispute or claim
brought, heard or arbitrated as a class action and/or collective action, and an arbitrator will not
have any authority to hear or arbitrate any class and/or collective (“Class Action Waiver”).
Notwithstanding any other clause contained in this arbitration agreement or the AAA Rules, as
defined below, any claim that all or part of this Class Action Waiver is unenforceable,
unconscionable, void or voidable may be determined only by a court of competent jurisdiction
and not by an arbitrator. In any case in which (i) the dispute is filed as a class and/or collective
action and (ii) there is a final judicial determination that all or part of the Class Action Waiver is
unenforceable, the class and/or collective action to that extent must be litigated in a civil court of
competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be
enforced in arbitration.
- Host agrees and acknowledges that entering into this arbitration agreement does not change
Host’s status as an independent contractor in fact and in law, that Host is not an employee of
Knock Knock City and that any disputes in this regard shall be subject to arbitration as provided in
- Except as otherwise stated in this arbitration agreement, any arbitration shall be governed
by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), subject to
- The arbitration shall be heard by one arbitrator selected in accordance with the
AAA Rules. Unless the parties agree otherwise, the arbitrator shall be an attorney
experienced in the law in the underlying dispute and licensed to practice law in the state
in which the arbitration is convened, or a former judge from any jurisdiction.
- The location of the arbitration proceeding will be no more than 45 miles from the
place where Provider last performed services for Knock Knock City, unless Provider and
Knock Knock City agree in writing otherwise.
- The Arbitrator may issue orders (including subpoenas to third parties) allowing the
parties to conduct discovery sufficient to allow each party to prepare that party’s claims
and/or defenses, taking into consideration that arbitration is designed to be a speedy and
efficient method for resolving disputes.
- Except as provided in the Class Action Waiver, the Arbitrator may award all
remedies to which a party is entitled under applicable law and which would otherwise be
available in a court of law, but shall not be empowered to award any remedies that would
not have been available in a court of law for the claims presented in arbitration. The
Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
- The Arbitrator may hear motions to dismiss and/or motions for summary judgment
and will apply the standards of the Federal Rules of Civil Procedure governing such
- The Arbitrator’s decision or award shall be in writing with findings of fact and
conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any
court having jurisdiction.
- Either Knock Knock City or Host may apply to a court of competent jurisdiction for
temporary or preliminary injunctive relief on the ground that without such relief the
arbitration provided in this paragraph may be rendered ineffectual.
- Regardless of any other terms of this arbitration agreement, claims may be brought before,
and remedies awarded by, an administrative agency if applicable law permits access to such an
agency notwithstanding the existence of an agreement to arbitrate governed by the Federal
Arbitration Act (such as the National Labor Relations Board, the U.S. Department of Labor or the
Equal Employment Opportunity Commission). This arbitration agreement does not apply to any
claim that may not be arbitrated as provided by an Act of Congress or lawful, enforceable
presidential Executive Order.
- The AAA Rules may be found at www.adr.org or by searching for “AAA Commercial
Arbitration Rules” using a service such as www.Google.com or www.Bing.com.
- This arbitration agreement is the full and complete agreement relating to the formal
resolution of disputes covered by this arbitration agreement. In the event any portion of this
arbitration agreement is deemed unenforceable, the remainder of this arbitration agreement will
be enforceable. This arbitration agreement survives after the termination of the Host Terms
and/or after Host ceases any assignment and/or relationship with Knock Knock City. This
arbitration agreement will also continue to apply notwithstanding any change in Host’s
responsibilities, position, or title, or if Host transfers companies. Notwithstanding any contrary
language in the Host Terms or in any Knock Knock City policy or other agreement, this arbitration
agreement may not be modified or terminated absent a writing signed (electronically or
otherwise) by both Host and an authorized representative of Knock Knock City.
- Limitations of Liability.
- KNOCK KNOCK CITY’S AGGREGATE LIABILITY TO HOST FOR CLAIMS RELATING TO THESE HOST
TERMS, WHETHER IN CONTRACT OR TORT, WILL BE LIMITED TO THE TOTAL FEES PAID OR OWING
TO KNOCK KNOCK CITY FOR WORK ORDERS COMPLETED BY HOST FOR THE MOST RECENT SIX (6)
MONTHS OF THE TERM OF THESE PROVIDER TERMS OR $2,500, WHICHEVER IS LESS.
- 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
HOST 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.
- Allocation of Risk.Knock Knock City and Host acknowledge that the foregoing limitations of
liability represent a reasonable and negotiated allocation of risk, that these limitations constitute
an integral part of these Host Terms, and that absent these limitations the parties would not have
executed these Host Terms. The limitations will apply notwithstanding the failure of the essential
purpose of any limited remedy.
Last modified: May 30, 2018