A word from our Lawyers
Last Updated: June 15, 2017
A. Who Can Use the Services?
You may use the Site, the Mobile App and/or the Services only if you can form a legally binding contract with Storable, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By registering to use the Site and/or the Services or downloading or using the Mobile App, you represent and warrant that you are 18 years of age or older; if not, then you are prohibited from using any of our services. The Site and the Services not available to any Users previously removed from the Site by Storable.
B. Storable Accounts.
In order to use the Services, you will need to create an account which includes a unique username and a password. You are solely responsible for maintaining the security of your user account, and for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify us immediately of any unauthorized use of your password and/or account, or any other breaches of security. We will not be responsible for any losses, liabilities or damages arising out of any unauthorized use of your computer, mobile device, or other computing device and/or account.
C. Compliance With Laws.
You represent and warrant to us that:
2. The Storage Service.
A. The Service.
Subject to the terms and conditions of these Terms and Storable’s other policies, and subject to payment of all applicable fees, Storable shall:
Storable will not deliver or return your Belongings to an address that is not a Specified Location, unless we otherwise agree to do so in writing. Times given for delivery, collection, and return are only estimates and Storable shall not be liable for any delay in delivery, collection, or return.
Storable may cancel or postpone any delivery, collection, or return of Belongings in the event that Storable believes, in its sole discretion, that it may endanger any Storable employee, agent, contractor or other individual due to severe weather, earthquakes or other events outside of our reasonable control.
You acknowledge and agree that Storable will not be responsible for:
Storable does not warrant that our storage facility is a suitable place or means of storage for any particular goods, including without limitation, your Belongings.
B. Packing Your Belongings.
You must pack your Belongings into heavy duty bags or similar containers meeting the following requirements (whether provided by you or Storable, each a “Container”). Any Storable-provided Containers remain our property. The maximum allowable weight in each Container (including the weight of the Container) is 25 lbs. All Containers must be closed completely and securely. If you have any questions about packing your Belongings, please send an email to email@example.com.
If you intend to store Belongings that are too large, heavy or bulky for a Container, you may instead leave them for pick-up in the Specified Location without a Container. Keep in mind that your Belongings must still be packed securely (for instance, in a hard-shell or padded case). If you do not or cannot meet the above requirements, we may in our sole discretion refuse to accept any of your Belongings if we believe they are too large or bulky for a single person to move or carry reasonably or are too vulnerable to damage in the form you have provided them.
C. The Belongings.
You represent and warrant that you own the Belongings or that you otherwise have the right and authority to store and use the Belongings in accordance with these Terms.
The Belongings must not include, and you must not store, any items prohibited in the Prohibited Items List (“Prohibited Belongings”) in any Containers or otherwise in connection with the Storage Services.
Storable or its contractors may, at any time without notifying you, open any Containers or other packaging to inspect the Belongings if Storable:
In addition Storable will need to open the Containers or packaging with your Belongings in order to photograph your Belongings as provided herein.
Storable may refuse to store any Belongings, or may return to you any Belongings, at your cost, at any time, if, in Storable’s sole discretion, the storage, or continued storage, of the Belongings might present a risk to the safety of any person, the security of the storage site, or any other goods stored at the storage site.
D. Your Responsibilities.
You will be solely responsible for:
E. Storable’s Right to Withhold or Dispose of Belongings.
You are responsible for the timely payment of your fees and ensuring that your subscription does not lapse. Storable shall have the right to withhold and ultimately dispose of some or all of the Belongings in accordance with this clause if either:
If in Storable’s opinion the Belongings cannot be sold for a reasonable price or at all (for any reason), or despite Storable’s reasonable efforts they remain unsold, you authorize Storable to treat them as abandoned and to destroy or otherwise dispose of them. You shall be responsible for all costs reasonably incurred by Storable in relation to the disposal of the Belongings. If Storable receives money on disposal of the Belongings, the net proceeds of sale will be credited to your account and Storable will pay any excess amounts to you without interest, less Storable’s administrative charges.
If, after having made reasonable efforts to do so, Storable is unable to return any excess amounts received by Storable from the disposal of your Belongings to you, including having given not less than 90 days’ written notice to you, then to the extent permitted by applicable law Storable may retain any such excess amounts for its own account. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due to Storable under these Terms and the costs of sale, you must pay any balance outstanding to Storable within 7 days of a written demand from Storable. Interest will accrue on the balance in accordance with the Payment Section above until the balance is paid in full.
F. Storable’s Limited Guarantee.
Storable agrees to provide you with a limited indemnity regarding your Belongings, subject to certain conditions, as set forth in our Limited Guarantee Policy.
3. Item Transfer Service.
A. The Service.
Subject to your compliance with these Terms, including without limitation, payment of all fees under your account, Storable shall provide its users ("Transferers") with functionality by which they can make available for viewing to another user of their choice such of their Belongings as they designate available for potential transfer to a contact from their mobile device. Such Transferer can then send an SMS message to such user via the Item Transfer Service. After this initial communication, the receiving user can offer to transfer such item by logging into their Service account (or creating an account) and responding to the Transferer via the Item Transfer Service. If the Transferer accepts such offer, any applicable transit fees associated with obtaining and returning such Belonging(s) ("Recipient Transit Fees") shall be applied to such user's (a "Recipient") Service account and any and all other terms of the transfer arrangement are entirely between the Transferer and the Recipient.
YOU UNDERSTAND AND AGREE THAT Storable IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRANSFERERS AND RECIPIENTS ("TRANSFER AGREEMENT"), NOR IS Storable A BROKER, AGENT OR INSURER. Storable HAS NO CONTROL OVER THE CONDUCT OF TRANSFERERS OR RECIPIENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO MAKE YOUR BELONGINGS AVAILABLE VIA THE ITEM TRANSFER SERVICE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH Storable IS LIMITED TO BEING A SERVICES USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF Storable FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF Storable. Storable DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR TRANSFER AGREEMENT, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR TRANSFER AGREEMENT, OR ANY OTHER MATTERS RELATED TO ANY TRANSFER AGREEMENT, THAT YOU PROVIDE. YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF Storable, INCLUDING BY INAPPROPRIATELY USING ANY Storable INTELLECTUAL PROPERTY.
IN YOUR CAPACITY AS A RECIPIENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CARE, CUSTODY AND RETURN OF THE ANY LOANED BELONGINGS IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE TRANSFER AGREEMENT. IN YOUR CAPACITY AS TRANSFERER, YOU UNDERSTAND AND AGREE THAT Storable IS NOT RESPONSIBLE FOR THE ACTS OF THE RECIPIENT, AND WITH THE EXCEPT OF COLLECTION OF THE RECIPIENT TRANSIT FEES AND ASSOCIATED SERVICES, THE TRANSFER AGREEMENT, AND ANY DAMAGE OR LOSS RESULTING THEREFROM, IS ENTIRELY BETWEEN YOU AND THE RECIPIENT, AND Storable SHALL HAVE NO LIABILITY THEREFORE.
You acknowledge that all transactions you enter into via the Item Transfer Service are between you and other Item Transfer Service users, whether acting as a Transferer or Recipient, and Storable is not a party to such transactions. Storable's sole involvement in user-to-user transactions is to make available a service for Transferers to make certain designated Belongings available for viewing and sending an initial communication to a potential Recipient and facilitating delivery and return of the applicable item. Any agreement for transfer initiated via the Item Transfer Service constitutes a contract directly between the applicable Transferer and Recipient for the provision of the stated Belongings subject to such terms as may be agreed to between the Transferer and Recipient in a Transfer Agreement.
You are solely responsible for investigating the qualifications, experience, skills and credentials of any user with whom you may communicate with through the Item Transfer Service. You acknowledge that with respect to the Transferer, Storable: (i) does not inspect or guarantee the adequacy or any other characteristics of any Belonging for any use, (ii) does not guarantee that the Belongings will be available or meet your needs, (iii) does not guarantee that the Belongings or their availability will conform with any provided descriptions or be similar in appearance to any provided photographs, (iv) does not screen Transferers with respect to their trustworthiness, history of violence, criminal background or any other background checks and (v) makes no warranties regarding the existence, safety, quality, adequacy or fitness for a particular purpose of any provided Belongings, that a Transferer has the proper rights to listed Belongings or that a Transferer will consummate any transaction. You acknowledge that with respect to the Recipients, Storable: (a) does not screen Recipients with respect to their trustworthiness, history of violence, criminal background or any other background checks and (b) does not guarantee any Recipient will consummate any transaction; and (c) makes no warranties as to whether a Recipient will pay amounts owed for a transaction. Additionally, you understand and agree that nothing in this Agreement or the Item Transfer Services shall be construed as, or result in, any leasehold, ownership or similar property right (or promise or representation of same) with respect to the applicable Belongings.
You are solely responsible for determining your legal obligations in relation to any Belongings you may offer or request or any Transfer Agreement you may enter into. Storable does not provide legal advice.
While Storable does not control the acts or omissions of Item Transfer Service users, Storable does desire for Item Transfer Service users to have a good experience using the Item Transfer Service and interacting with other users. As such, when you use the Item Transfer Service in a Transferer capacity, you agree to: (i) accurately describe your Belongings and availability and not make any false or misleading statements relating to any of the foregoing; and (ii) use your reasonable best efforts to timely complete all of your obligations under the Transfer Agreement and provide the Belongings in a professional and workmanlike manner as described in your Transfer Agreement. In addition, when you use the Item Transfer Service in a Recipient capacity, you agree to promptly make payment to the Transferer in accordance with the payment schedule agreed upon in the Transfer Agreement. Without limiting Storable's other rights to terminate this Agreement or your use of the Item Transfer Service, you acknowledge that Company may terminate your use of the Services and this Agreement in the event that Storable determines (in its sole discretion) that you have breached any portion of this Section.
4. Online Services.
A. The Service.
Subject to your compliance with these Terms, including without limitation, payment of all fees under your account, Storable shall Photograph your Belongings packed in the Containers (“Belongings Photos”), and display the Belongings Photos to you under your Storable account.
B. Online Service License Grant.
Subject to your compliance with these Terms, Storable grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to view, display, download and make one copy of the public content of the Site (including without limitation the Storable Content (as defined below)) for your personal, noncommercial use only to the extent necessary to use the Online Service and as permitted by the features of the Site. Storable reserves all rights not expressly granted herein in the Site and the Storable Content. Storable may terminate this license at any time for any reason or no reason on notice to you.
C. User Content.
Some areas of the Site may allow Users to provide or upload content such as profile information, photos of Belongings, description of the Belongings, personal notes, comments, questions, and other content or information (collectively, “User Content”). You are solely responsible for the content of, and any harm resulting from, any User Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Site, you agree to allow us to view, edit, and/or share your User Content in accordance with the functionality of the Site, your settings, and these Terms. Storable has the right (but not the obligation) in its sole discretion to remove any User Content that is provided to or transmitted via the Site.
You may not post User Content that:
D. Representations and Warranties in Connection With Your User Content.
In connection with your User Content, you represent, warrant and covenant as follows:
You have the right to post all User Content you submit, and have fully complied with any third-party licenses relating to User Content, and have taken all steps necessary to pass through to end users any required terms.
You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Site and these Terms, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and Storable’s use thereof as contemplated by these Terms, the Site, the Mobile App and Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights.
Storable may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Storable takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Site. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Storable shall not be liable for any damages you allege to incur as a result of User Content.
E. User Content License Grant.
By posting any User Content on the Site, you hereby grant, and you represent and warrant that you have all rights necessary to grant, to Storable and its successors a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, adapt, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site, Mobile App, Services and Storable’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site and Services (and derivative works thereof) in any media formats and through any media channels. You also agree that Storable has the right to elect not to accept, post, store, display, publish or transmit any User Content in our sole discretion.
You agree that these rights and licenses include a right for Storable to make such User Content available to, and pass these rights along to, others with whom Storable has contractual relationships related to the provision of the Services, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if we determine such access is necessary to comply with our legal obligations.
If you elect to use any third party service or application that is integrated with our Online Service, you also agree that the licenses granted to Storable in the preceding paragraph shall apply to User Content that is submitted or uploaded through such third party service or application. We do not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.
5. Code of Conduct.
You may not use the Online Service to transmit any content (including text, software, images, or other information) that:
In addition, you may not:
6. Storable’s Rights in Connection With the Service.
A. Content Rights.
While you own the User Content you upload or submit using our Online Service (subject to third-party rights), you acknowledge and agree that Storable (or our licensors) own all right, title and interest in and to the Services, including, without limitation, all software comprising a part of the Services that is hosted on our servers and all software deployed by you or a third party to enable you to use the Services and the Mobile App (the “Software”).
B. Intellectual Property Rights.
In agreeing to these Terms, you also agree that the Services and Software, including all Intellectual Property Rights are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Software, unless you are expressly permitted to do so under an applicable open source license or we give you express written permission to do so.
C. Right to Modify the Service.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Serviced and any Software, including changes that may affect the previous mode of operation of the Services. We expect that any such modifications will enhance the overall Services, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your User Content and other data, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of Storable actions may impair or prevent you from accessing your User Content or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that Storable has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Storable Content or User Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services.
D. Right to Engage Third Parties.
E. Right to Use Third-Party Software.
Storable may from time to time include as part of the Services computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Storable expressly disclaims any warranty or other assurance to you regarding such third-party software.
7. Pricing and Changes.
By using the Services or other paid services or products that Storable may provide from time to time, you agree to our pricing and payment terms, as we may update them from time to time. Storable may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
By agreeing to these Terms, you are giving us (or a third-party payment processor working on our behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Storable. Depending on the transaction, we may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site or Storage Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Storable at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Any amounts not paid when due shall bear interest at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.
You may cancel your Storable account at any time by logging on to your User Account or contacting support; however, there are no refunds for cancellation. In the event that Storable suspends or terminates your account or these Terms for your breach of these Terms, you will receive no refund or exchange for any unused storage time, any license or subscription fees for any portion of the Site or Storage Services, any content or data associated with your account, or for anything else.
8. Mobile App.
To use the Mobile App you must have a compatible mobile device. Storable does not warrant that the Mobile App will be compatible with your mobile device. Storable hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use a compiled code copy of the Mobile App for one Storable account on one mobile device owned or leased solely by you, for your personal use. You may not:
These Terms (as they themselves may be updated) apply to all such updates. Any third-party code that may be incorporated in the Mobile App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile App or any copy thereof, and Storable (or its licensors) retain all right, title, and interest in the Mobile App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Storable reserves all rights not expressly granted under these Terms.
B. Mobile App from iTunes.
The following applies to any Mobile App you acquire from the iTunes Store:
You acknowledge and agree that these Terms are solely between you and Storable, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Site. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Sites with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Storable as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Storable as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s Intellectual Property Rights, Storable, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Storable acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
9. Our Proprietary Rights.
Except for your User Content and User Content belonging to other Users, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Site marks, copyrights, photographs (including Belongings Photos), audio, videos, music (“Storable Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Storable and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Storable Content or third party User Content. Use of the Storable Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit feedback, comments, suggestions, error identifications, or ideas about the Site or Storage Services, including without limitation about how to improve the Site, the Services, or our other services or products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Storable under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Storable does not waive any rights to use similar or related ideas previously known to Storable, or developed by its employees, or obtained from sources other than you.
11. Disclaimer of Warranties.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. USE OF THE SITE, MOBILE APP AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Storable OR THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Storable, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT (INCLUDING Storable CONTENT) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
Storable DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Storable SITE OR STORAGE SERVICES OR ANY WEBSITE OR SERVICE HYPERLINKED TO THE SITE, AND Storable WILL NOT BE A PARTY TO OR MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. DMCA Notices.
Since we respect the rights of artists and content owners, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify Storable’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Site;
Information reasonably sufficient to permit Storable to contact you, such as your address, telephone number, and, e-mail address;
A statement that you 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 law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please submit this information to: firstname.lastname@example.org
This procedure is exclusively for notifying Storable and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Storable’s rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Storable has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. Storable may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless Storable and its subsidiaries and affiliates, and its and their respective agents, licensors, managers employees, contractors, officers and directors (collectively, the “Storable Entities”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to:
your use of and access to the Site and the Mobile App, including any data or content transmitted or received by you;
your use of the Services;
your violation of these Terms, including without limitation your breach of any of the representations and warranties above;
your violation of any third-party right, including without limitation, any Intellectual Property Rights; your violation of any applicable law, rule, or regulation;
any of your User Content or Belongings, or anything that is submitted via your account; or
any other party’s access and use of the Site or Services with your unique username, password or other appropriate security code.
14. Limitation of Liability
A. Exclusive Remedy for Loss or Damage.
Storable’s SOLE RESPONSIBILITY, and your SOLE REMEDY, for any loss of or damage to your Belongings as a result of the Services (the “Covered Claims”), is as provided in the Limited Guarantee Policy. To the maximum extent permitted by applicable law, you hereby release and waive all other claims that you may have against any Storable Entities, together with our contracted delivery company and your apartment building, from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to any Covered Claim. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law that may relate to waiver of unknown claims, including the provision of California Civil Code § 1542 (which provides that, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”).
B. Other Limitations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Storable, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL Storable BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Storable HEREBY DISCLAIMS ANY LIABILITY AND RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE OR SERVICES (EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED GUARANTEE POLICY); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED GUARANTEE INDEMNITY POLICY, IN NO EVENT SHALL Storable, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Storable HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $100, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Storable HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Site is controlled and operated from facilities in Canada. Storable makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. All materials found on the Site are solely directed to individuals, companies, or other entities located in the Canada.
15. Business Failure
In the event that Storable ceases operations, we will attempt to make reasonable efforts to return your Belongings to you, but cannot guarantee if and when such returns will occur. Storable will not be liable for any failure to return Belongings in the event of a business failure.
If you believe you have a Covered Claim, you must submit it to us as described in our Limited Guarantee Policy. For any other dispute with Storable, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally.
In the unlikely event that Storable has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Storable claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, Inc. (“JAMS”), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.
The arbitration will be conducted in Ontario, Canada, unless you and Storable agree otherwise. Each party will be responsible for paying its own JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Storable from seeking injunctive or other equitable relief from the courts as necessary to protect any of Storable’s proprietary interests.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED THE SITE OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE EXPLICITLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
You may terminate these Terms at any time by notifying us of the termination, requesting the return of your Belongings through the Site and paying any outstanding fees due to us. Upon termination of your account for any reason or no reason, you continue to be bound by these Terms with respect to your actions and transactions occurring prior to such termination.
Upon termination of these Terms for any reason all of your rights and licenses to the Online Service shall terminate, effective immediately, and all the unpaid fees shall become due and payable. Once you have paid all the fees and expenses due under your account, Storable shall deliver your Belongings to the Specified Location within a reasonable time. It is your responsibility to pick up the Belongings from the Specified Location. Storable’s responsibility in connection with your Belongings ends upon delivery of your Belongings to the Specified Location. If within 45 days following termination of these Terms for any reason you fail to arrange for delivery of all of your Belongings, then Storable may process the Belongings as provided above.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Storable’s prior, written consent, but may be freely assigned by Storable without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Force Majeure.
Notwithstanding anything to the contrary, Storable will not be liable or responsible for any damage to or loss of any Belongings, or failure to perform, or delay in performance of, any of its obligations under these Terms, including without limitation any Storage Service or Online Service, that is caused by events outside its reasonable control (including but not limited to acts of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labor dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
C. Changes to the Agreement.
D. Entire Agreement; Severability.
This Agreement constitutes the entire agreement between you and Storable concerning the Site and Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of the unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
E. No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Storable’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.