POSH STOW AND GO Terms of Service (sections 1-12) and Membership Agreement (section 13)
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, “MEMBER”, OR “CUSTOMER”) AND POSH POTTY, LLC. d/b/a POSH Stow and Go or POSH City Club (“WE”, “US”, “PS&G”, “PSG”, “PCC” OR “OUR?”), THE OWNER AND OPERATOR OF THE WWW.PoshStowAndGo.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD ON IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE OR THE PHYSICAL LOCATIONS.
By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age.
1: CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 Changes to the site
WE may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 Personal Information/Privacy
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships (both as defined below in Section 3.1). WE reserve the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that WE use a third party payment processing service to process orders and bill fees to your credit card. Our Privacy Policy, located at the URL: https://www.poshstowandgo.com/privacy-policy/ explains how Customers’ personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy.
2: PASSWORDS; USE OF SITE
2.1 Passwords
You may utilize the functionality on a Third Party Site that allows you to log in to this POSH STOW AND GO Site by using your log in credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook, Instagram, and LinkedIn (“Third Party Site Log-in Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy) https://www.poshstowandgo.com/privacy-policy/. Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to this Site using your Third Party Site Log-in Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify US if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 Use of Site; Prohibitions
Subject to your compliance with this Agreement, WE hereby grant you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of US or OUR third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3: TERMS OF SALE
3.1 Sales of Products and Memberships to End Users Only
The Membership and all rights and privileges conferred are personal and non-transferable.
3.2 Pricing (See also section 13 below for more information and definitions)
Pricing for Products and Memberships (including any applicable shipping and handling fees or sales tax) can be found on OUR then-current pricing page located on the Site at: https://www.poshstowandgo.com/. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for or renew a Membership to the Site or make any purchases. WE reserve the right to change prices for Products and Memberships at any time, and do not provide price protection or refunds in the event of promotions or price decreases.
“Founding Members” (a promotional offer in 2014) prices stay the same as their initial prices as long as the “Founding Member” continuously renews each year. If a “Founding Member” does not renew one year and then joins again at a future date, that member will then be subject to the prices of that future date and will lose the benefits of “Founding Members”. The only adjustments will be for any changes to the additional sales tax or any other required government fees.
3.3 Refund/Cancellation Policy
This contract may be cancelled if you die, or if the POSH STOW AND GO ceases operation, or by your choice. If you cancel, POSH STOW AND GO may keep a pro-rated portion of your yearly membership fee divided by 12 for the months already passed in that year along with a Processing Fee of $10.00.
BUYER RIGHT TO CANCEL: If you wish to cancel this contract just after signing, you may cancel by sending an email to Info@POSHCityClub.com . The notice must state that you do not wish to be bound by this contract and must be emailed, delivered or mailed before midnight of the third business day after you sign this contract.
At any time after this initial signing three day period, you may cancel by stating your request to Info@POSHCityClub.com or mailing a written notice by certified or registered mail to the address specified below.
After you cancel, POSH STOW AND GO may request the return of all contracts, membership cards, and other documents as evidence of membership. The notice must be delivered or mailed to:
POSH POTTY, LLC d/b/a POSH STOW AND GO
c/o USA Corporate Services Inc.
3500 South Dupont Highway
Dover, Delaware 19901
3.4 Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy
WE accept credit card, debit card, and EFT (Electronic Funds Transfer) payments ONLY. You agree to pay all fees charged to your account based on OUR fees, charges, and billing terms in effect as shown on the www.POSHStowAndGo.com payment page where you first sign-up for a Membership. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize US or the third party payment processing service provider that we engage to charge your payment method for any such taxes and fees. All payments shall be made by credit card, debit card, or EFT in advance prior to commencement of your yearly membership. All sales and payments will be in U.S. Dollars.
WE and OUR third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to US and OUR third party payment service provider at the election of your credit card issuer. Neither WE nor OUR third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is Your responsibility to contact Your credit card issuer with regards to Your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER: WE will automatically renew your Membership on each Yearly anniversary date of the Membership and, as authorized by You during the Membership sign-up process, WE will charge your credit card with the applicable Membership fee and sales and applicable taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one Year. You may cancel your Membership at any time by logging on to your account within www.PoshStowAndGo.com . To cancel a membership, please login to your account on the Site and select the “membership options” link at the bottom of the page, then follow instructions towards cancellation. All cancellation requests must be received at least 1 month prior to the yearly expiration date of your membership. If you have any problems, please email Info@PoshCityClub.com . WE require a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership for the following year, you will continue to enjoy your Membership benefits until the end of the then-current Membership term and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. If you choose to cancel your membership within a year you have already paid, you will be eligible for a prorated refund of any portion of the Membership fees paid for any unused months of the then-current Membership term. The prorated charge will be for the months you have used plus a $10.00 processing fee as determined by dividing your yearly membership fee by 12.
3.5 Shipping and Product Acceptance
For Return of “Baggage Check” Items Left in a POSH STOW AND GO facility: You hereby authorize that if, at the end of the business day, you do not pick up your personal items that were left in the “Baggage Check” area or Day Storage Locker, we will ship them to you via ground carrier of our choice and your credit card on file will be charged a $25.00 handling fee plus the postage and packing charges.
4: Amendments
WE reserve the right to change or modify these Terms and Conditions (“Modified Terms”) from time to time in OUR sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all actions that occur after the Modified Terms take effect. All terms and conditions contained in these Terms and Conditions are applicable to the extent permitted by law.
5: Referrals
This program is not available at this time. If it is implemented at a future date, notifications will be made at http://www.PoshStowAndGo.com/
6: Privacy
The Privacy Policy link is located at the bottom of the POSH STOW AND GO Home Page. https://www.poshstowandgo.com/
7: PROPRIETARY RIGHTS
You hereby acknowledge and agree that POSH POTTY, LLC or its licensors own all legal rights, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
POSH STOW AND GO and POSH CITY CLUB are trademarks of Posh Potty, LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of POSH POTTY, LLC, POSH STOW AND GO, and POSH CITY CLUB, Copyright 2013-2020 Posh Potty, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
8: THIRD PARTY SITES; INDEMNIFICATION
8.1 Third Party Web Sites
The Site may provide links to third party Sites that are not owned or controlled by POSH STOW AND GO, including, without limitation, Facebook, Twitter, Instagram, and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. POSH STOW AND GO does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.
8.2 Indemnification
You hereby agree to defend, indemnify and hold each of the POSH POTTY, LLC Parties (as defined in Section 8.1 above) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
9: DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. POSH STOW AND GO, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “POSH STOW AND GO PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND POSH STOW AND GO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POSH STOW AND GO OR ANY PERSON ON BEHALF OF POSH STOW AND GO SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 9 SHALL EXCLUDE OR LIMIT THE THE POSH STOW AND GO PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10: LIMITATION OF LIABILITY
10.1
IN NO EVENT SHALL ANY OF THE POSH STOW AND GO PARTIES BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A POSH STOW AND GO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2
IF, NOTWITHSTANDING THE FOREGOING, A THE POSH STOW AND GO PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT POSH STOW AND GO PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID POSH CITY CLUB FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; OR (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
10.3
NOTHING IN THIS SECTION 10 SHALL EXCLUDE OR LIMIT ANY POSH STOW AND GO PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH POSH STOW AND GO PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11: DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
11.1 Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing (email) to our customer service department at info@poshstowandgo.com . In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO THE POSH STOW AND GO’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 11.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor POSH STOW AND GO has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to POSH STOW AND GO for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Fairfield, Connecticut, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the State of New York, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
11.2 Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of New York without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in New York County, New York. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
12: ELECTRONIC COMMUNICATIONS; GENERAL TERMS
12.1 Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
12.2 General Terms
POSH STOW AND GO may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in POSH STOW AND GO’s sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, POSH STOW AND GO’S belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability POSH STOW AND GO’S or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and POSH STOW AND GO regarding its subject matter. POSH STOW AND GO will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of POSH STOW AND GO to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified POSH STOW AND GO Party shall be a third party beneficiary hereunder POSH STOW AND GO may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, POSH STOW AND GO express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination.
13: MEMBERSHIP AGREEMENT (The Rules and Definitions)
13.1 Rules and Requirements:
In order to provide a quality environment that will be clean, safe and pleasant to all Members, the following guidelines must be adhered to when in the facility.
A. Basic Requirements: Anyone over age 18 can become a Member. If the Member and their Significant Other (residing at the same address per Identification) both want to use POSH STOW AND GO, they may sign up together and share the membership. Day Passes can NOT be shared among adults. However, additional Day Passes may be gifted to another Member or Registered Guest. Members must have proper identification to sign up as well as their current, valid credit card on file.
B. Misconduct: It is agreed that any Member, Registered Guest, or someone from a Member’s Family List that causes damage to POSH STOW AND GO property or that of another POSH STOW AND GO Member may result in the revoking of Membership privileges with No Right to refunds and that Member, Registered Guest, or Family Member will be responsible for the cost of said damages by means of charging their form of payment on file and/or by criminal/civil court actions. Anyone that enters POSH STOW AND Go with a Member (whether related or not) is the responsibility of that Member and all rules and remedies apply.
C. Proper Identification: All users of POSH STOW AND GO will provide their current contact information including Name, Home Address, Date of Birth, Phone Number and a Photo Identification issued by a Federal, State, or Local institution.
D. Daily Check-In: A Membership Card (or future technology) is required each time a member enters the facility. Membership Cards are provided as protection to all members. (Manual check-in WITH a Photo I.D. will be available for those who forget their card). Replacement cards are available.
E. Children: Posh City Club does not charge a membership fee for children under the age of 18 years. Children under the age of 16 are only allowed in the facility with a member. Children under the age of 18 but over the age of 16 are allowed in the facility if they are listed on a member’s “List of Family”. Children under 18 y/o do NOT require a separate Day Pass IF ACCOMPANIED with their Adult Member and on the List of Family. A child between 16 or 17 y/o child who enters POSH STOW AND GO without an accompanied Member, does not need a Membership IF on the Member’s List of Family, BUT a Day Pass WILL BE REQUIRED if the 16-17 y/o is ALONE.
F. List of Family: In the Membership Signup area (or updated in the Login area after becoming a Member), Members are required to make a list of names (if under 16 y/o or if the minor will always be accompanied by the Member, instead of Names, you may put initials or nicknames of the children) and birthdates (Month/Year) of any Family Members under age 18 that the Member wishes to have access to POSH STOW AND GO services.
G. REGISTERED GUESTS: Anyone accompanying a current member must be a “REGISTERED GUEST”. If you are a member with a friend who is a not a member, you can gift a Day Pass to the guest when they become a “Registered Guest”. A “Registered Guest” must agree to the same Membership Rules and Identification requirements as a Member including providing full and accurate contact information and putting a credit card on file in the case of an incidental charge, damages, or decision to become a Member. There is no limit to how often you can bring guests, but we limit our members to bringing no more than five guests at one time. We want to ensure that POSH does not become overcrowded.
H. DAY PASSES: Day Passes are purchased as needed by a Member. Day Passes can be bought in quantities, but those amounts may be limited during promotional sales. One Day Pass is good for one day (a 24 hour period during one day’s operational hours of POSH STOW AND GO). The Day Pass allows the Member to enter any POSH STOW AND GO location as often as necessary during that day. Unless otherwise noted at purchase, during a promotion or other deal, Day Passes EXPIRE 12 months after purchased. A Day Pass purchased by a Member can be gifted to a Current Member, a Future Member, or Registered Guest with a Member. You can NOT share Day Passes among adults.
I. Management Authority: Management of POSH STOW AND GO and designated employees may suspend or cancel the rights, privileges, or membership of any member whose actions are detrimental to the enjoyment of the facility by other members or any conduct which in the opinion of the management is prejudicial to welfare, good order, and character of the facility. Any inappropriate behavior, i.e. profanity or yelling, incidental to the enjoyment of the facility by other members may result in membership termination without a refund. Children must be SUPERVISED and BEHAVED. POSH STOW AND GO is a shared environment with many people and proper respect of persons and property is required for ALL to enjoy our services.
J. Amending of Rules: We reserve the right to change or add to these rules and to adopt new ones, as we may feel necessary for proper management of the club.
K. Transferability: Memberships are not transferable.
L. Attire: The club management has the right to refuse inappropriate clothing. Shoes and shirts are required in the club.
M. Cell Phone Policy: The use of cell phones is only permitted in the front lobby of the club. Any and all image capturing devices are not permitted.
N. Capacity: Only ONE Adult is allowed in a bathroom at one time.
O. Time Limits: There is a Fifteen (15) Minute Maximum time limit per use of a bathroom.
P. Solicitations: No solicitation by members or guests is permitted in the facility unless approved by POSH STOW AND GO management.
Q. Baggage Check Service: POSH STOW AND GO is not responsible for lost items. Belongings must be picked up by the close of the business day. Items left at the facility can be shipped back to a member at the member’s expense. This cost will be charged to the member’s credit card on file along with an additional service fee of $25.00.
R. Personal Property: We are not responsible for damage, loss or theft of any clothing or other personal property.
S. Lost and Found: Lost items will be stored for seven days before donated to a local charity. Identify your lost items at the front desk.
13.2 Rates for Membership and Day Passes:
Payments: Payments are only accepted in a lump sum for the entire year’s membership. Day Passes can be purchased at anytime online or at the POSH STOW AND GO locations. Payments are only accepted by credit card or debit card or E.F.T. Your membership starts the day your payment has been approved and continues for a total of 365 days. You will be sent a notification when your membership is due to RENEW AUTOMATICALLY whereby you may take no action or cancel with an email notification to Info@PoshCityClub.com as per section 3.3 Refund/Cancellation Policy our POSH STOW AND GO Terms of Service. If you choose to have your card or checking account automatically charged each year for one year’s membership fee, you may do so when signing up or if you are already a member, you may go into your account and make the necessary changes.
Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your yearly membership dues is a base whereby current sales tax rates are added and to the extent such rates should increase during your membership, POSH STOW AND GO has the right to increase your yearly membership dues by the amount of such increase.
If you are a “Founding Member” your membership fee will only be adjusted to reflect any increase in the sales tax rate.
13.3 Cancellation:
This contract may be cancelled if you die or if POSH STOW AND GO ceases operation. If you cancel, POSH STOW AND GO may keep a pro-rated portion of your yearly membership fee divided by 12 for the months already passed in that year along with a Processing Fee of $10.00.
BUYER RIGHT TO CANCEL: If you wish to cancel this contract just after signing, you may cancel by sending an email to Info@POSHCityClub@.com . The notice must state that you do not wish to be bound by this contract and must be emailed, delivered or mailed before midnight of the third business day after you sign this contract.
At any time after this initial signing three day period, you may cancel by stating your request to Info@POSHCityClub@.com or mailing a written notice by certified or registered mail to the address specified below.
After you cancel, POSH STOW AND GO may request the return of all contracts, membership cards, and other documents as evidence of membership. The notice must be delivered or mailed to:
POSH POTTY, LLC d/b/a POSH STOW AND GO
c/o USA Corporate Services Inc.
3500 South Dupont Highway
Dover, Delaware 19901