Empty Space Terms and Conditions
MAY 1, 2025
EMPTY SPACE, LLC ("Empty Space") provides to prospective Landlords and Tenants ("Parties") an interactive website that connects persons owning or possessing excess storage space with persons that need extra storage space ("Services"). By publishing space for rent or otherwise accessing the Services, all parties agree to be bound by the Terms and Conditions ("TAC") inclusive of any updates as set forth in the future. Please read the TOU carefully as all parties agree to be bound by the TAC and the TAC governs all rights and responsibilities relating to the Services.
The TAC requires final binding arbitration in the resolution of any disputes or claims related to the use of the Services and any dispute or claim will be resolved on each individual basis and not as a class action.
RIGHTS CONVEYED
Use of the Services is provided on a nonexclusive. license basis and such usage does not convey any rights to the Empty Space website or any intellectual property contained therein inclusive of images, software copyrights, trademarks, copyrights, patents, trade dress or any other forms of intellectual property.
Empty Space retains the right to immediately cancel Owner's or Renter's right to use the Services if Empty Space determines that Owner or Renter has violated the terms of the TAC. Upon cancellation the rights to use the Services ceases and the cancelled party shall immediately comply with the directions of Empty Space to remove items stored in the rental space.
FORCE MAJEURE
Empty Space, Owner or Renter will not be liable for inadequate performance of the TAC to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control. An impacted party shall take reasonable steps to remedy the damage caused by a force majeure in order to fulfill its obligations pursuant to the TAC.
Modification
Empty Space reserves the right to chang, alter, modify or enhance TAC at any time without prior notice. By continuing to use the Services after we have updated the TAC, all parties using the Services are bound by the modified terms and conditions.
Landlord Listing Space for Rent-Terms
An Owner with excess space available to rent may become a User of the Services, sign up an account as an Owner and list the space available for rental. Empty Space reserves the right to suspend or terminate any Owner's account at any time without notice. Owner agrees to keep it's password secret and not share with any other person. The Owner sets all terms of the rental agreement inclusive of monthly rents, restrictions, size, usage restrictions and minimum rental length. Empty Space does not have any interest in Owner's rental space and makes no representations or warranties as to the representations made by an Owner. Empty Space merely grants a non-exclusive license to Owner to use the Services for the purpose of advertising an Owner's space for rent to prospective Renter seeking space for rent.
Owner is solely responsible for approving a prospective Renter setting the terms of usage and monthly rent to be paid via empty Space. Owner will provide banking information to Empty Space for electronic remittance of the rent to Owner after Empty Space's transaction fees and platform usage fee. Remittance to Owners by Empty Space shall be completed on the same day as rent payments by Renters are confirmed by Empty Space's financial institution.
When an Owner lists their space for rent, the Owner represents and warrants that listing the space will not violate any third party agreements and the listing complies with all laws and ordinances. Empty Space does not research state or local laws and ordinances to assure that Owner's space is in compliance with any such laws or ordinances.
Empty Space does not provide any insurance covering Owner's rental space. Any insurance for the rental space should be provided by Owner's insurance or a separate agreement between Owner and Renter. Empty Space recommends that Owners and Renters review their term of insurance to assure that coverage exists for such rentals. Any rental agreement between Owner and Renter does not make Empty Space a party to that agreement. Empty Space merely provides the website platform to allow Owners and Renters to connect and act as the authorized payment agent for rents as set by the Owner.
When an Owner lists their space on Empty Space, Owner is responsible to investigating the potential Renter to determine if they are acceptable to Owner and determine if the items to be stored are acceptable to Owner. Owner is responsible for obtaining, at Owner's cost, a background check and/or credit check of any prospective Renter.
RENTER RENTING SPACE-Terms
Renters using the Servies to find suitable space for rent and ultimately arriving at an agreement with an Owner are responsible for their actions regarding the space or any third party assistance to Renters with move in or move out of Owner's property for storage. Any damage caused to the premises will be paid for by Renter. Renter agrees to provide a valid credit card to Empty Space to allow for automatic rental charges by Empty Space for the agreed upon monthly rental payments as well as for unrefuted claims of damage by an Owner claiming damage to the premises caused by Renter.
Renter will provide verified credit card information to Empty Space in order to facilitate payment of monthly rent for storage space as agreed upon by Owner and Renter. Renter's credit card will be charged by Empty Space credit card processor on each monthly anniversary date of the rental space commencement date unless rental agreement is cancelled pursuant to the provisions later set forth in this TAC.
RENTAL AGREEMENT CANCELLATION
Rental agreements may be cancelled by either Owner or Renter upon the party seeking to cancel the rental agreement providing notice of cancellation to the other party to the rental agreement thirty (30) days prior to the next monthly anniversary date of the rental agreement. Notice shall be sent in writing via email to the to the party not cancelling the rental agreement. If notice is not provided thirty (30) then rental agreement shall continue until the next monthly anniversary date of the rental agreement at which time the rent shall be paid and the cancelling party shall give notice to the non-cancelling party of such cancellation.
The Parties Agreements- Owner and Renter
Owners and Renters as Parties engaging in usage of the Services agree they will not:
violate any law, ordinance or any third party rights of any kind
offer as a Owner any premises not owned or have permission to rent
rent the premises outside of the Empty Space platform for Services
submit any false information for premises or items for storage
use premises for any activity expressly disallowed by Owner i.e. storage of hazardous or flammable materials, Renter's living on or in premises, storage of non-movable items etc. as dictated by Owner in the rental agreement with Renter
use a false or misleading name when listing premises for rental or renting premises
violate the rights of any person or entity inclusive of contract rights, intellectual property rights of any kind
use or make available any content that is otherwise considered objectionable or harmful
use the Services or website in a manner that could cause the website to cease functioning in the manner intended
attempt to upload any software of any kind that could infect the website or cause disruption of the Services
allow anyone to provide a link to the Services on any other server or other device
develop or distribute any product competitive with the Services
Empty Space reserves the right at any time to investigate and remedy any violations of the above.
Notice
You have provided Empty Space certain contact information, including, but not limited to, a cell phone number and email address. YOU AGREE THAT ALL NOTICES REQUIRED BY THESE TERMS OR BY LAW MAY BE SENT BY EMPTY SPACE TO THE EMAIL ADDRESS YOU HAVE PROVIDED. This consent includes, but is not limited to manual calling, text messages or emails. You may update your communication preferences in your Account.
AGE RESTRICTIONS
Owner and Renter (officer clothed with authority to act on behalf of a statutory entity) must be 18 years of age to transact activity using the Services. if the residency jurisdiction of Owner or Renter has a different statutory age of majority to legally enter into a contract, then that state's age of majority shall apply.
LEGAL LIABILITY RESTRICTIONS
Usage of the Empty Space website limits any legal remedy sought by any Party for any action of any Party or third persons causing injury or harm. The Parties agree that they will not pursue Empty Space for any injury or harm and will only seek any legal remedy against the party causing the injury or harm. Empty Space does not provide any insurance benefiting the Parties and they should pursue their own insurance against any injury or harm.
TAXES
Owner acknowledges that government agencies with nexus your premises may require taxes to be collected by Owners from Renters on the amount paid. Empty Space does not collect taxes and it is solely Owner's responsibility to collect and remit taxes. Check with your accountant concerning collection of taxes prior to setting rental rates for your premises.
DISCLAIMERS
BY USING THE EMPTY SPACE SITE AND SERVICES, YOU ACKNOWLEDGE YOU ARE DOING SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND UNDERSTAND THAT EMPTY SPACE DOES NOT CONDUCT BACKGROUND CHECKS ON ITS OWNERS OR RENTERS OR LISTINGS. THIS SITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EMPTY SPACE MAKES NO GUARANTEE THAT THE PREMISES WILL FULFILL RENTER'S STORAGE PURPOSES.
LIABILITY LIMITS
EMPTY SPACE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES , WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
ARBITRATION AND WAIVER OF CLASS ACTION LAWSUIT
All claims arising from the provision of Services by Empty Space by the Parties shall be resolved by final binding arbitration conducted by the American Arbitration Association under its then applicable Commercial Arbitration Rules. A single independent arbitrator shall conduct the arbitration in Omaha, Nebraska. The decision of the arbitrator shall be final and binding and judgement on the arbitration award may be entered in any court of competent jurisdiction.
All claims or disputes shall be resolved on an individual basis and not consolidated into a class action format.
MISCELLANEOUS
This TAC constitutes the entire agreement between you and Empty Space concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Empty Space with respect to such subject matter. This TAC may not be amended by you except in a writing executed by you and an authorized representative of Empty Space. The failure of Empty Space to enforce any right or provision of this TAC shall not constitute a waiver of such right or provision. If any provision of this TOAC is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TAC. Any prevention of or delay in performance by Empty Space hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance hereunder. The provisions of this TAC shall be construed pursuant to the laws of the state of Nebraska.
ARBITRATION
Any controversy or claim arising out of or relating to the relationship between Renter and Owner shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
NONDISCRIMINATION
Empty Space Nondiscrimination Policy applies to all Owners and Renters, and they are prohibited from discriminating against others on the basis of the following protected characteristics:
Race
Religion
Disability
Gender Identity
Age
Gender
Marital status
Ethnicity
Country of origin
Sex
Pregnancy or other medical conditions
EXCLUSIVE USAGE OF EMPTY SPACE
Owners on Empty Space agree to our terms and policies which we enforce. We prohibit Owners from any of the following:
Any coaxing of current or future Renters to rent off of the Empty Space site
Accepting rental fees outside of the Empty Space site
Asking Renters to use other websites to access their listing
Hiding rental fees from the listing
TERMINATION
Owners, Renters and Empty Space may terminate the relationship upon giving appropriate thirty-day notice of termination as provided by the Terms and Conditions.
INTELLECTUAL PROPERTY
Owner and Renter agree not to use any of the intellectual property (text, images, marks, logos) without the express written consent of empty Space.
TAXES
Owners are solely responsible for the payment of any local or national taxes on rental income and it is recommended to consider any taxes when setting the rental rate for owner’s space.
