Terms of Service

1. The Shacked Platform

Shacked is a community-driven platform that enables students who have confirmed a .edu email to connect for short-term lodging, subleasing, storage, and related arrangements.

Shacked does not own, manage, lease, inspect, insure, or control any properties, storage spaces, or listings, and does not act as a landlord, property manager, real estate broker, or storage provider. Shacked is not a party to agreements made directly between users.

Our role is limited to providing the platform, facilitating communication, and enabling payments where applicable.

2. Eligibility

To use the Services, you must:

• Be at least 18 years old
• Be capable of entering into legally binding agreements
• Provide accurate and complete information
• Maintain eligibility requirements, including confirmation of a .edu email where applicable

Shacked may suspend or terminate accounts that do not meet these requirements.

3. User Accounts

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity conducted through your account
• Keeping your account information accurate and up to date

You may not:

• Create accounts on behalf of others
• Impersonate another person
• Share, sell, or transfer your account
• Use the Services for unlawful or unauthorized purposes

4. Listings, Bookings, and User Arrangements

Users may post listings or requests for lodging, subleasing, or storage. All arrangements are made directly between users.

Shacked:

• Does not guarantee the accuracy or legality of listings
• Does not inspect, review, or independently confirm properties or storage spaces
• Does not guarantee availability, pricing, or outcomes
• Does not supervise or control user conduct

Users are solely responsible for:

• Complying with applicable laws, leases, and agreements
• Ensuring listings and requests are lawful and accurate
• Understanding and agreeing to terms set by other users
• Resolving disputes directly, unless Shacked elects to assist
• Confirming that hosting on Shacked does not violate the user's lease, housing contract, university policy, HOA rules, or local short-term rental laws
• Obtaining written permission from any landlord, property manager, or housing authority as required before listing
• Disclosing any condition of the property that could affect guest safety
• Maintaining adequate property insurance covering the user's hosting activity

5. Payments and Fees

Payments may be processed through third-party providers such as Stripe. By using payment features, you agree to the payment provider's terms and conditions.

Shacked may charge service fees, which will be disclosed before a transaction is completed.

Shacked is not responsible for:

• Chargebacks or payment disputes between users
• Payment delays caused by third-party processors
• Refunds unless required by law or expressly stated

6. Storage Services

Storage arrangements facilitated through Shacked are governed by additional terms specific to the storage of personal property, including any applicable state self-storage statutes, lien laws, and abandoned property statutes. Users posting or using storage listings agree to comply with all applicable state and local laws governing the storage of personal property.

Shacked does not act as a warehouseman or storage facility operator, does not take possession of stored items, and disclaims any liability for loss, damage, theft, or destruction of stored property. Users are solely responsible for the storage, retrieval, and protection of items stored through arrangements facilitated by the Services.

Prohibited storage items include but are not limited to: hazardous materials, illegal substances, firearms, perishables, live animals, and any item the storage of which would violate applicable law.

7. User Conduct

You agree not to:

• Violate any law or regulation
• Harass, threaten, exploit, or harm others
• Post false, misleading, or fraudulent content
• Circumvent platform safeguards or payment systems
• Use the Services for unauthorized commercial purposes
• Engage in behavior that undermines trust or safety

Shacked may investigate and take action, including suspension or termination, at its discretion.

8. Messaging and Communications

The Services include user-to-user messaging.

Messages are intended for communication between users. Shacked does not actively monitor private messages, but may review messages if:

• Reported by users
• Flagged for safety or policy concerns
• Required to comply with legal obligations

You agree not to use messaging to solicit off-platform payments, send spam, or engage in prohibited conduct.

9. Content

You retain ownership of content you post, but you grant Shacked a non-exclusive, worldwide, royalty-free license to host, use, display, and distribute such content as necessary to operate, improve, and promote the Services.

You represent that:

• You own or have rights to the content you post
• Your content does not violate laws or third-party rights

Shacked may remove content that violates these Terms or platform policies.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

SHACKED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SHACKED DOES NOT GUARANTEE:

• THE CONDUCT OF USERS
• THE SAFETY OR LEGALITY OF ARRANGEMENTS
• THE ACCURACY OF LISTINGS
• AVAILABILITY OR RESULTS

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHACKED, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR PERSONAL INJURY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

EXCEPT FOR CLAIMS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR PERSONAL INJURY OR DEATH WHERE PROHIBITED BY STATE LAW), SHACKED'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO SHACKED IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR

(B) ONE THOUSAND U.S. DOLLARS ($1,000).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SHACKED'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Shacked, its members, managers, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your interactions with other users
• Your violation of these Terms
• Your violation of any law or third-party right, including but not limited to lease agreements, housing contracts, fair housing laws, short-term rental ordinances, and consumer protection laws
• Any content you post
• Any property or storage arrangement you offer through the Services

13. Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

13.1 Agreement to Arbitrate

You and Shacked agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") shall be resolved exclusively through final and binding individual arbitration, except as expressly set forth in Section 13.4 below.

13.2 Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org. The arbitration shall be conducted in King County, Washington, or another mutually agreed location, or by videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

You and Shacked agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

13.4 Exceptions

Notwithstanding the foregoing, the following claims are NOT subject to mandatory arbitration and may be brought in court:

• (a) Claims of sexual assault or sexual harassment, consistent with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), at the claimant's election;
• (b) Claims for injunctive relief to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights;
• (c) Small-claims-court actions where jurisdiction permits and the claim is brought on an individual (non-representative) basis;
• (d) Any claim that applicable law expressly prohibits from being arbitrated.

13.5 Opt-Out Right

You may opt out of this Section 13 by sending written notice to Shackedhq@gmail.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

13.6 Severability of Arbitration Provisions

If the class action waiver in Section 13.3 is found unenforceable as to any particular claim, that claim shall proceed in court, but the remainder of Section 13 shall remain in effect for all other claims.

14. Termination

You may stop using the Services at any time.

Shacked may suspend or terminate access if:

• You violate these Terms
• You pose a risk to the community
• Required by law or safety considerations

Termination does not eliminate obligations incurred prior to termination.

15. Governing Law

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws principles.

16. DMCA Notice and Designated Agent

Shacked respects intellectual property rights. If you believe content on the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) as described on our DMCA Copyright Policy page, which sets out the required elements of a notice, our counter-notice procedure, and our repeat-infringer policy under 17 U.S.C. § 512.

17. Changes to These Terms

Shacked may update these Terms from time to time. Updates are effective when posted. Material changes, including changes to the binding arbitration and class action waiver in Section 13, require your affirmative acceptance through the clickwrap acceptance flow on your next login. Continued use of the Services after non-material changes constitutes acceptance of the revised Terms.

18. Contact Information