Terms of Service
Throughout this Agreement we will be referring to all of your property that you either store with Storganize or use Storganize to catalog or move as ("Your Items"). For purposes of these Terms, when we have to refer to any individual box or bin or other item (i.e., _not _all Your Items, but one individual container or object) that we are storing for you, we'll call each of those an "Item".
SCHEDULE OF MONTHLY CHARGES
*** Below rates are applicable for 2017 Summer Storage and Fall 2017 Study Abroad ***
- Monthly Rent per Box/Bin (3 month minimum) ....................................................................................................................................... $15.00/mo
- Monthly Rent per Unboxed Item (3 month minimum) .......................................................................................................................... $30.00/mo
- Upfront Rent per Box/Bin (3 month minimum) ....................................................................................................................................... $14.25/mo
- Upfront Rent per Unboxed Item (3 month minimum) .......................................................................................................................... $28.50/mo
- Initial Pickup Fee .................................................................................................................................................................................................... FREE
- Initial Delivery Fee ................................................................................................................................................................................................. FREE
- Additional Pickup Fee (if you need more than one pickup of Your Items) ……………………............................................................ $60/request
- Additional Delivery Fee (if you need more than one delivery of Your Items) …………………….......................................................... $60/request
Cancelation / No-Show Charges and Penalties:
- No show at delivery or pickup appointment or failure to leave items in agreed pickup location …..... $35.00
- Same day appointment cancellation (less than 24 hours) ........................................................................................ $25.00
TERM AND FEES
The term of this Agreement begins when you sign or accept this Agreement and will continue on a month-to-month basis until terminated (subject to a 1-month minimum term requirement) (the “Term”).
You agree to pay applicable fees monthly to Storganize or you may elect to pay for your entire storage term upfront, on the day of pickup. You agree to put your credit/debit card on file when you sign up for Storganize, but you will not be charged until your Billing Cycle begins, on the day of the initial pickup your items. You agree to pay applicable fees in full and on time without prior notice or prompting from us. The monthly fee amount you must pay is the sum of the full amounts set out in the Schedule of Monthly Charges, plus any applicable sales and other taxes imposed by any taxing authority.
Your monthly "Billing Cycle" will begin the day that we pick up your items for storage and you will be billed each consecutive month on the anniversary of this date until you decide to cancel your service. For example, if we pick up your Items on May 10th, your billing cycle will begin on May 10th and you will subsequently be charged on June 10th, July 10th and so forth until you cancel your service.
You agree that your first month’s fees are non-refundable under any circumstances. You also agree that when you remove any Item partway through a Billing Cycle, you will not be charged monthly fees for that Item from the next Billing Cycle onward. You understand and agree that you will not get a credit, pro-rata fee or partial refund of next month’s fee when removing an Item part way through that Billing Cycle.
The monthly fees and/or charges, as well as any other term of this Agreement, may be adjusted by Storganize, effective the month following notice by Storganize to you specifying the adjustment. Such notice will be given to you at least thirty (30) days prior to the first day on which the adjustment will be effective. Any such adjustment will not otherwise affect other terms of this Agreement and all other terms of this Agreement shall remain in full force and effect.
You are required to make all payments in a timely manner. Fees will be charged automatically to your card on file on the first day of your Billing Cycle, according to this Agreement. If your card number changes, if your card is declined or if you fail to pay the amount due to Storganize by the first day of your Billing Cycle, you will be considered “in default” and we reserve the right to suspend your service until the defaulted payment has been made. Suspension of service will result in no service requests and/or no access to Your Items. If you fail to pay all fees due within 60 days, you agree that we have the right to dispose of Your Items, as described in the “Default; Denial of Access and Disposal of Items” section below.
You acknowledge and agree that it is your responsibility to make sure we are able to pick up or drop off your Items at the designated time and location. While we do not require that you be home for pickups or deliveries, if you will not be home, you must notify us prior to the pickup / delivery day or assign a trusted individual to be present for the transaction. If you will not be home during the pickup window, you must leave all the Items you would like us to pick up in the designated pick up area of your home (usually a porch, alley, backyard, garage, etc.). Failure to place your items in the pickup area prior to the pickup window may result in an additional “No-Show” charge if we are not able to complete the pickup at the designated time. Fees for same-day appointment cancellations and No-Shows are defined above.
YOUR USE OF STORGANIZE
You acknowledge that individual users of Storganize must be over the age of eighteen (18) years, and must be the exclusive owners of all property stored through us. Therefore, by utilizing our services, you warrant and represent that you are the exclusive owner of all property that you store with us.
For all Storganize plans, after picking up Your Items, we will store them at a Storganize facility or at a trusted third-party partner’s facility; however, you acknowledge and agree that at any time while you are storing Your Items with Storganize, we shall have the right, at our sole discretion, to move Your Items to another one of our facilities or our partners’ facilities in the continental United States. Any decision by Storganize to move Your Items will not affect your financial obligations to us during the course of your time storing with Storganize.
Absent a court order or binding arbitration ruling, Storganize will not release any of Your Items to a third party that claims to have ownership of them. Storganize will not "take sides" in any property dispute and, if anyone approaches Storganize directly with a claim that they are the true owner of some or all of Your Items, we will contact you directly to notify you of the dispute. In such an event, you may arrange to return the disputed items to you for the fees stated for your service plan. By utilizing our services, you agree that we can bill you for the costs (including internal staff costs) of returning the disputed property. You also agree to indemnify Storganize from any liability or costs resulting from the claim settlement for the disputed items, and that you will not be entitled to any pro-rata refund of monthly rent.
PAYING FOR STORGANIZE
Storganize, or another company that we rely on, will save your credit card or debit card information and will use it for any future charges. If you want us to stop billing that card, you need to notify our customer support team via email or phone. We currently only accept the following payment methods for all one-time and recurring charges: American Express, Visa, MasterCard, and Discover.
If we are unable to bill your card, we'll send you a notice and try again in a few days. If we are still unable to bill your card after this notice, we reserve the right to suspend your service until the defaulted payment has been remedied. You acknowledge that it is your responsibility to let us know if you lose your card or your credit card number changes.
PACKING YOUR BOXES / BINS
You acknowledge and agree that for all Storganize Plans, you are responsible for safely and securely packing your items into each Box / Bin. This includes packing your items so that they will not be damaged during transit and storage. You understand that the Box will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up a Box, you represent and warrant that the Box has been packed appropriately. You agree that Storganize is not responsible for any damage caused by or arising from your failure to properly pack the Box.
You agree that you will not over pack your Box(es). If you do so, we cannot guarantee appropriate care of your belongings. For guidance, we strongly recommend that you not pack more than 40 pounds of your personal property into any single Box. You acknowledge that, for the safety of our staff members, we reserve the right to refuse to accept any Box that we reasonably believe weighs more than 40 pounds, exclusive of the weight of the Box itself.
JUNKING OR DONATING YOUR ITEMS
If you use Storganize’s junk or donate service under any of our service tiers, you agree to release ownership of the designated items to Storganize and shall make no further claim to the items. Storganize will take items for junk to a third-party junkyard or waste disposal center that will properly dispose of the items. We reserve the right to refuse to take any items which we deem to be dangerous, which fall under any of the categories listed in our “Prohibited Uses” section below or which are unacceptable for junkyard disposal (i.e. cars, boats, construction materials, electronic equipment, batteries, light bulbs and any items containing mercury or hazardous substances). It is your obligation and responsibility to ensure that your donations comply with the requirements of Goodwill donation facilities, and you acknowledge that Storganize makes no assurances that items designated for donation will be accepted. If Goodwill will not accept some or all of the items you have designated for donation, Storganize will return the items to your storage unit, unless you request that we junk any items not accepted for donation. If your items are accepted, Storganize will mail you your tax-deduction receipt provided by Goodwill. Please allow 7-14 days for this receipt to arrive.
RIGHT TO ENTER AND INSPECT YOUR ITEMS
Unless you specifically request otherwise, you agree to allow Storganize to access and/or open your Items (if the Item is a Box or Bin) in order to create your online inventory. Storganize reserves the right to open and inspect any Box in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under this Agreement. Should Storganize receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from the relevant Box(es), allow your Box(es) to be searched, and, if applicable, the contents to be seized. Should Storganize receive a subpoena, or a law officer or governmental agency requests documents or information about Your Items, you agree that we may provide such information or documents without incurring liability to you.
CANCELLING YOUR ACCOUNT
You can terminate your account at any time by contacting Storganize in writing or by initiating a service request to have Storganize remove all of your items from storage. You acknowledge and agree that service requests will not be fulfilled after notice to cancel has been received. You agree and acknowledge that any fees for a minimum storage term of 1 month will still apply. If you are storing items with Storganize, you acknowledge that you will need to initiate a service request prior to canceling in order to have us deliver your items to you, and that you will continue to pay us your full storage charge each month until all of Your Items have been returned to you. It is recommended that cancellations be made towards the end of your monthly Billing Cycle and that you request that all Your Items be delivered by the last day of your monthly Billing Cycle.
CHANGES TO OUR POLICIES
You agree and acknowledge that you will not store with Storganize or request that Storganize handle/move any of the following:
· hazardous materials (including but not limited to any hazardous or toxic chemical, gas, liquid, substance, material, waste, or any other substance whose storage is or becomes regulated under any applicable local, state or federal law or regulation);
· food or other perishable good;
· any item that, in our determination, attracts vermin or creates a nuisance;
· flammable materials, such as gas, kerosene, paint, oil, etc.
· items that, in our determination, have a noxious odor;
· items that, in our determination, danger the safety and health of people of the environment;
· explosives, fireworks, or other inherently dangerous materials;
· animals, pets, or any living creature;
· an item which is illegal, including, illegal drugs, stolen property,
· firearms, ammunition, or any weapon
· pianos, vehicles and any items weighing 250lbs or more
· counterfeit goods; or
· personal property which would result in the violation of any law or regulation of any governmental authority, including without limitation, all laws and regulations relating to hazardous materials, waste disposal and other environmental matters.
You acknowledge and fully assume all risk of storing with or through Storganize any official personal documents (such as passports, driver licenses, green cards, visas, birth or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, social security number, mortgage number, or a bank account number. You acknowledge that you should not put anything into the Box or request that we move Items that contain information that can be used to steal someone's identity or a document that you may urgently need at a moment's notice. Also, you acknowledge that the nature of our services requires us to move around and/or jostle your items. Therefore you acknowledge and fully assume all risk of storing fragile items, such as Faberge eggs, intricate glass sculptures, porcelain dolls, collectibles or other items that are easily broken. By purchasing our services, you acknowledge and agree that if you do store any of the above items, to the fullest extent permitted by law you assume all risks, foreseeable or not, with respect to these Items, and waive all rights and claims against Storganize arising in any way from storing these things with Your Items.
TEMPERATURE & CLIMATE CONTROL
If you store items with Storganize, we will use commercially reasonable efforts to maintain the temperature of the facility in which Your Items are stored between 55°F and 90°F. Other than temperature, Your Items will not be stored in a climate-controlled environment. The airflow, moisture level, and heat will not be regulated. We will take all commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, because Your Items will not be stored in a completely climate-controlled environment, we cannot guarantee that mold or similar microorganisms may not develop on your property. We are not liable for the natural growth of mold, or mildew or similar microorganisms on your property. You assume the risk that mold or similar microorganisms could develop under these circumstances. Further, you acknowledge and agree that the storage containers provided by Storganize and premises where they will be located are not suitable for the storage of heirlooms or precious, invaluable or irreplaceable property such as, but not limited to, books, records, writings, contracts, documents, personalized or other DVDs or videos, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value and records or receipts relating to the stored goods. You agree not to store any such items. Should you store such items, you assume the risk that they could be damaged by the environmental conditions existing at the premises where they are stored and waive all rights and claims against Storganize for any damage arising from environmental conditions.
DEFAULT; DENIAL OF ACCESS AND DESPOSAL OF PROPERTY
You acknowledge and agree that if you fail to pay monthly fees or other charges on time, you will be considered to be in "default" under this Agreement and you may (at our sole discretion) be denied access to Your Items if you store with Storganize or be subject to cancelation of your service if you fail to pay your monthly balance by the due date. In the event that you fail to pay your monthly balance within 30 days after the due date, Storganize will send you a notice via mail that Your Items are designated “For Disposal.” If we do not receive the payment due within 30 days of mailing you this notice (60 days total from the payment due date), Storganize reserves the right to dispose of Your Items by junking or donating the items.
By purchasing our services, you acknowledge and agree to allow Storganize to, at our sole discretion, dispose of Your Items if you fail to pay your balance within 60 days of the payment due date, provided we send you, via mail, a notice 30 days before designating the items “For Disposal”. In this circumstance, you agree to release your ownership of Your Items to Storganize and shall make no claim to the items after the 60-day period has expired.
VALUE OF YOUR PROPERTY
You represent and warrant that each Item you store with Storganize or request that Storganize move or handle has a total value of $100 or less, with an aggregate limit comprising of all of Your Items of $2,000 (the "Aggregate Limit"). Storganize's maximum liability per Item for any damages or loss to the property shall be limited to $100, subject in the aggregate to the Aggregate Limit. You understand and acknowledge that in offering any of the Storganize services to you, Storganize is relying upon your representation as to the value of the property. You acknowledge and agree that under no circumstance you should store property with Storganize or request that we move or handle any property with an aggregate value in excess of $2,000. If you choose to violate this requirement, hereby waive any and all relief available under law beyond the maximum liability stated in this section, and acknowledge and agree that you may not be compensated for your losses.
You acknowledge and agree that we do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limit of Storganize’s liability (or when Storganize is not liable) is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in Storganize, and if you do not do so, you acknowledge and agree that you assume all risk of liability beyond that stated in these Terms.
LIMITATION OF STORGANIZE'S LIABILITY; INDEMNITY
To the fullest extent permitted by law, by purchasing services from Storganize you acknowledge and agree that Storganize and its agents will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to property or injury to persons from any cause, including without limitation, Storganize's and/or its agent's active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Storganize's reckless or intentional actions. Further, Storganize will have no liability to you for damages caused by an act of God, nature or a public enemy, an earthquake, flood, fire, government order, riot, civil disobedience, labor strife, or interruption of communication or transportation (a “Force Majeure Event”).
WAIVER OF SUBROGATION
Any insurance carried by you or us is for the sole benefit of the party carrying the insurance. You and Storganize agree to waive your/our right to make any claim against the other for loss or damage in the event of casualty and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us. This clause is a specific bargained for condition of this Agreement and we would not have entered into this Agreement without it.
CHANGE OF ADDRESS
In the event your e-mail address or residence address changes, you agree that you will promptly notify us. We are not responsible for failures of delivery of any notice from us as a result of a change in your address without proper notification to us of such change.
All content included on Storganize is the property of Storganize or Storganize's licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content. We own or license all content on our website including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You agree that you will not use (in any fashion, where use is interpreted as broadly as possible) content on Storganize without the express prior written consent of the respective owners.
THINGS YOU CAN'T DO TO/WITH STORGANIZE
In order to utilize our website to place orders and conduct business generally with Storganize, you agree to refrain from the following activities:
· copying or monitoring Storganize, or bypassing or circumventing Storganize's navigation or structural presentation
· page-scraping, spidering, or other automated access (or equivalent manual process
· hacking into our systems, such as by trying to gain unauthorized access to any part of Storganize, or to any other systems or networks connected to Storganize or to any Storganize server (including hacking, phishing, cracking, or any other illegitimate means)
· scanning or testing the vulnerability of Storganize
· breaching our security or authentication measures
· attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanism to obtain information on any other user of or visitor to Storganize
· manipulation of raw TCP/UDP streams
· forging headers, or
· attempting to disguise the origins of messages or packets.
You acknowledge and agree that Storganize may terminate your Storganize account at any time, with or without cause. If we terminate your account without cause, such termination will be subject to 30 days’ advance written notice (unless you waive your rights to such notice). In these circumstances, we will refund any pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
You acknowledge and agree to the following miscellaneous terms. All provisions of these Terms that by their nature could reasonably survive termination, shall survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability. The failure by you or Storganize to exercise any right under the Terms shall not form the basis for a waiver of that right. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder shall otherwise remain in full force and effect and enforceable. Your rights under our Policies are not assignable, transferable or sublicensable without Storganize's prior written consent. Storganize may transfer, assign or delegate its rights and obligations under our Terms without your consent.
CHOICE OF LAW; JURISDICTION
You acknowledge and agree that this Agreement and our relationship will be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Subject to the arbitration clause immediately below, any claims, legal proceeding or litigation arising in connection with this Agreement, our relationship, or our services must be brought in a court of competent jurisdiction located in Washington, DC, and you consent to the jurisdiction of such courts.
For all relief other than equitable or injunctive relief, you acknowledge and agree that any dispute arising with respect to your use of Storganize’s services shall be settled by arbitration. The arbitrator shall be selected by joint Agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Washington, DC using the English language.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect non-appearance-based arbitration. In such event, the arbitration shall be conducted by telephone or by videoconference; the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties; and any judgment on the award rendered by the arbitrator must be entered in a court of competent jurisdiction located in the District of Columbia.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL STORGANIZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (IN THE AGGREGATE) (A) $100.00 OR (B) THE CURRENT VALUE (COST) OF ITEMS DAMAGED OR LOST, CAPPED AS PER THESE TERMS.