TERMS OF SERVICE AGREEMENT
EFFECTIVE AS OF MAY 17, 2021.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS HERE OR IN OUR ONLINE PRIVACY POLICY, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Storage Rentals USA LLC and our subsidiaries and affiliates, in association with the use of the website, which includes, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site refers to products and/or services that are generally available for purchase in the continental United States but may not be available in your area. The reference to such products or services on the Site does not imply or warrant that these products or services will be available at any time in your area. You should therefore reach out directly to us for specific product/service availability in your area. We do not warrant that the descriptions or content of this site are accurate, complete, reliable, current, or error free. Features and specifications of products or services described or depicted on the website are subject to change at any time without notice.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Storage Rentals USA LLC. At our discretion, we may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated. Storage Rentals USA LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept, and agree that Storage Rentals USA LLC shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges, and agrees that the Services offered shall be provided "AS IS" and as such shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication, or personalization settings.
CAUTIONS FOR UNLAWFUL OR PROHIBITED USE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable laws, statutes and regulations in your country. Furthermore, you warrant to us that you will not use the Site for any purpose that is unlawful, threatening, defamatory, libelous, obscene, pornographic, profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law or prohibited by these Terms. You may not use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such comments.
We may from time to time monitor or review posts, transmissions, bulletin boards and the like on the website; however, we are under no obligation to do so and assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in such communication.
CONTRIBUTIONS TO COMPANY SITE
If you submit, or post any communications or materials to our Site by any means, including any data, questions, comments, documents, photos, suggestions and/or proposals, or the like, all such communications (“Contributions”), you acknowledge and agree that:
- Your contributions do not contain any type of confidential or proprietary information;
- Storage Rentals USA shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- Storage Rentals USA shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- The contributor's Contributions shall automatically become the sole property of Storage Rentals USA; and
- Storage Rentals USA is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users herein agree to indemnify, insure, defend and hold harmless, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any losses, costs, claims, liabilities, demand, or expenses, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms of Service, your violation of any applicable laws, rules or regulations, and/or your violation of any such rights of another person. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Storage Rentals USA 's sites.
MODIFICATIONS
Storage Rentals USA LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Storage Rentals USA LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Storage Rentals USA LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third- party sites or resources. Furthermore, you acknowledge and agree that Storage Rentals USA LLC shall not be responsible or liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Services, any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content, such as text, graphics, logos, images, as well as the compilation thereof, which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Services (e.g., Content or Software), in whole or part. Storage Rental USA LLC herein has granted you a personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by for use in accessing our Services. Any unauthorized use terminates the limited permission granted to you by us.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT STORAGE RENTALS USA LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Storage Rentals USA LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed, and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Storage Rentals USA LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand, and agree that all the trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Storage Rentals USA LLC. You herein agree not to display and/or use in any manner the logo or marks without obtaining Storage Rental USA's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Storage Rental USA LLC will always respect the intellectual property of others, and we ask that all our users do the same. With regards to appropriate circumstances and at its sole discretion, Storage Rentals USA LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Storage Rentals USA LLC
Attn: Copyright Agent
128 Sunset Blvd 1174
New Castle, Delaware 19720
Email: [email protected]
CLOSED CAPTIONING
BE IT KNOWN that Storage Rentals USA LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.StorageRentalsUSA.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Storage Rentals USA LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content, or third- party software.
NO AGENCY
You agree that no joint venture, partnership, employment, or agency relationship exists between you and our company as a result of this agreement or use of the Site or services. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our rights to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
CAPTIONS
The captions contained in this Agreement are inserted for the sole purpose of convenience and do not define, describe, extend, or limit the scope or the intent of this Agreement or any terms hereof.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and with regard to the TOS that the relationship between the parties shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Storage Rentals USA LLC, shall be filed within the courts having jurisdiction within the County of New Castle, State of Delaware, or the U.S. District Court located in said state. You agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Storage Rentals USA LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
CLASS ACTION WAIVER
Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless Spring 8 Plus, LLC, at itssole discretion, agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one (1) year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report all violations of this TOS to as follows:
Mailing Address:
Storage Rentals USA LLC
Attn: Copyright Agent
128 Sunset Blvd 1174
New Castle, Delaware 19720