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This is a really important legal document. It's a little long, and you might find parts of it a little boring. We're sorry — we'll try to be as concise as we can and we'll throw in a little humor. It's very important that you carefully and thoroughly read this whole document, because it sets out your rights (and ours). Here, we set out the terms and conditions (the "Terms" or "TOS") that govern all use of www.makespace.com and all of MakeSpace's services, including any apps for your phone or tablet. You (and we) are bound by the terms of this Agreement.
We make MakeSpace's services (primarily, storage of your stuff) available to you only if you accept all of our policies — our Privacy Principles, Storage Rules, Standard Pricing, Service Zones, and these Terms (the "Agreement"). You should consider the Privacy Principles, Storage Rules, Standard Pricing, and Service Zones as a part of these Terms. (They are "incorporated by reference.")
Finally, as you could guess, throughout this Agreement, we will be referring a lot to all your stuff that you store with MakeSpace ("Your Stuff"). To keep things short, sweet and clear, when we have to refer to any individual box, bin, oversized item, or piece of furniture (i.e., not all Your Stuff, but one individual container) that we are storing for you, we'll call each of those a "Box".
While corporate accounts for MakeSpace are available, individual users must be real live natural persons over the age of eighteen (18) years (sorry, corporations!) and you can't be using MakeSpace for someone else. You must be the owner of all property that you store with us. No one else can have an ownership interest in the property. In executing this Agreement you represent (or "warrant") that you are the sole owner of the property to be stored with us.
It's very important that we have a record if you are in the Military, because there are special procedures applicable to storage for active duty service personnel. Here, "Military" means (i) a member of the US Army, US Navy, US Air Force, US Marine Corps, or US Coast Guard who is on active duty status (including reservists who are called on active duty) or who is absent from duty as a result of being wounded or being granted leave, (ii) a member of the National Guard who has received a specific type of activation orders, or (iii) an active service commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration.
If you are in the Military, you must immediately notify MakeSpace of changes in your Military status or assignment resulting in changes to your email address, mailing address, phone number or other contact information you previously provided to MakeSpace. If you are not currently in the Military, but become a member of the Military after executing this Agreement, you must notify MakeSpace in writing within thirty (30) days of becoming a member of the Military and provide your new/updated contact information. Of course, we do not expect you to provide us with information about confidential or classified field locations.
MakeSpace is a local service, and the way that we pick up, store, and deliver Your Stuff will depend on the locations where we pick up Your Stuff (your “Local Service Area”) and the locations where we deliver it back. Your Local Service Area is determined by the US Postal code of the address where we pick up your stuff, according to our list of Service Zones.
The services offered and operating hours may vary by Local Service Area at the sole discretion of MakeSpace. In addition, MakeSpace may contract with a 3rd party to offer some of its services on the behalf of MakeSpace in certain Local Service Areas. Your Local Service Area will impact the prices MakeSpace charges for its services (as laid out in our Standard Pricing). You may request a delivery of Your Stuff to a location that is not in your Local Service Area. MakeSpace, at its sole discretion, may facilitate the delivery of Your Stuff to a different Service Zone at pricing to be determined by MakeSpace and approved by you prior to delivery. You understand and agree that MakeSpace is under no obligation to store Your Stuff in a specific location.
All content included on MakeSpace (and the software that runs it) is the property of MakeSpace or MakeSpace'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 (everything) including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not use (in any fashion, where use is interpreted as broadly as possible) content on MakeSpace without the express prior written consent of the respective owners.
We grant you a limited nonexclusive, non-transferable, non-sublicensable right solely to display and view content on MakeSpace for personal, non-commercial use. Other than fair use, other uses are prohibited without express consent. We're actually pretty cool with fair use, just please don't be jerks.
No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can't copy or monitor MakeSpace, or bypass or circumvent MakeSpace's navigation or structural presentation. No poking around looking for stuff we didn't expressly make available.
You agree you won't try to hack our systems, like by trying to gain unauthorized access to any part of MakeSpace, or to any other systems or networks connected to MakeSpace or to any MakeSpace server. This includes hacking, phishing, cracking, or any other illegitimate means.
You agree you won't try to scan or test the vulnerability of MakeSpace, try to breach our security or authentication measures, or generally try to bypass our security.
You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing (you dun goofed), reverse look-up, or other mechanism to obtain information on any other user of or visitor to MakeSpace.
Other than posting about how awesome we are on Reddit, you promise not to do anything that could impose an unreasonable or disproportionately large load on MakeSpace or the systems it is connected to and runs on. (DDOS, BAD. POSITIVE WORD OF MOUTH, GOOD)
Lastly, no manipulation of raw TCP/UDP streams or other shenanigans at the bit level. No forging headers. No attempts to disguise the origins of messages or packets. No calling our headquarters and pretending to be someone else.
In short, don't be a jerk.
MakeSpace reserves the right to bar any such activity. (And to tell your mom, or other present or former legal guardian, if you're being a jerk).
You are responsible for everything you do involving MakeSpace. To the fullest extent permitted by law, you agree to indemnify, defend, and hold us harmless (and all of our employees, affiliates, directors, officers, or anyone else we promise to similarly hold harmless) from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from: (i) violation of our Terms, Storage Rules, or Privacy Principles, or (ii) the items you store with us.
MakeSpace may terminate your MakeSpace 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.
If we terminate your account for cause (such as violation of our Terms, Storage Rules, or Privacy Principles), we will notify you of the termination, and you will have 30 days to arrange for transport of your items at your cost via MakeSpace, subject to our Standard Pricing. Notwithstanding our lien law rights, in the event that we reasonably believe there is an exigent circumstance or other risk to MakeSpace or the property of other customers of MakeSpace, we may terminate your account immediately and return Your Stuff to you at your expense, including potentially placing Your Stuff in quarantine at your cost.
You can begin the process of closing your account at any time by contacting MakeSpace support. (Any fees for delivery or a minimum storage term will still apply). You must arrange for and pay the costs (as set out in this Agreement) of getting Your Stuff back to you. (Our facilities are not publicly accessible, so you can't just come down and pick stuff up.) You must continue to pay us your full storage charge each month until all of Your Stuff has been returned to you. We hope you don't cancel, but if you do, cancel towards the end of your monthly Billing Cycle and make sure all your items are gone by the last day of your monthly Billing Cycle (i.e., the day before your monthly anniversary storing with MakeSpace).
We have rules about what you may or may not store as part of Your Stuff. Those Storage Rules are part of the Agreement. If you are found to be in violation of the Storage Rules, you will be in breach of this Agreement. MakeSpace may refuse to store any Box at the sole discretion of MakeSpace, even if that Box is not expressly forbidden by the Storage Rules.
While not prohibited, we strongly advise that you should not place into a Box 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. This is not an exclusive list of personally identifiable information. Basically, do not put anything into the Box that contains information that can be used to steal someone's identity or a document that you may urgently need at a moment's notice. By executing this Agreement, you understand and agree that if you go ahead and store official documents or items containing personally identifiable information in a Box, to the fullest extent permitted by law, you waive all rights and claims against MakeSpace arising in any way from storing these things with Your Stuff.
Our Storage Rules specifically mention the storage of fragile items. Regardless of how well you pack a Box, it will be moved around. It might be jostled at times. As such, you should not store fragile items in the Box. However, we will not consider the storage of fragile items to be a breach of this agreement, but only if you understand and agree that if you go ahead and store fragile items in a Box, you waive all rights and claims against MakeSpace should your fragile stuff break or other be damaged.
Unless you elect to use our packing services, you are responsible for safely and securely packing your items into each Box (or otherwise protecting it with packing supplies and moving blankets). 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 (or by sending us) a Box, you are making the statement (i.e., you "represent and warrant") that the Box has been packed appropriately and is sturdy enough for transit and occasional movement. You agree that MakeSpace is not responsible for any damage caused by or arising from your failure to properly pack the Box. We reserve the right to refuse to accept any Box that appears insufficiently sturdy for transit or occasional movement.
Do not overstuff your Boxes! From our experience, for your safety, the wellbeing of our Operation team members, and the care of your belongings, we recommend packing no more than 45 pounds of your personal property into any single Box. We reserve the right to refuse to accept any Box that we reasonably believe weighs more than 50 pounds, exclusive of the weight of the Box itself. This weight restriction does not apply to furniture or other Boxes that are designed to be moved by more than one person. This weight restriction does apply to bins provided by MakeSpace.
If you elect to use our packing services, we are responsible for safely and securely packing your items. If you use MakeSpace’s packing services, our limits of liability will still apply, but in the event that damage is due to our improper packing, MakeSpace will also reimburse you the amount you paid for packing any damaged item(s).
Please make sure that your pickup will happen in a safe environment. MakeSpace’s employees can decline to complete a pickup if the location is unsafe. So for example: rickety staircases, rotting wood floors, contaminated apartments are all a no-go. You will not be charged a cancellation or rescheduling fee if the dangerous or unsafe condition was both a) reasonably beyond your control and b) reasonably unknown to you 24 hours prior to your appointment.
Please make sure there is a clear path to the street. MakeSpace employees cannot remove doors from hinges or make other environmental alterations.
It is your responsibility to be home (or at the designated location of your appointment) or to otherwise make arrangements so that we can pick up Your Stuff when you request a MakeSpace appointment (in any form). Each time you (or your designee) give any Box to MakeSpace, it confirms that you have agreed to these Terms. Fees for late appointment cancellations and no shows are defined in the Standard Pricing. Moreover, if you are based in a market where we delivery Boxes through a third party shipping partner (e.g., UPS), our partner will make three (3) attempts to return your requested Boxes. After the third failed attempt, the shipping partner will return Your Stuff to our warehouse, and if that happens, you understand and agree that we will pass on the actual amount the shipping partner charges MakeSpace for this inconvenience to you.
In the event your e-mail address or residence address changes, you must promptly notify us. We are not responsible if you don't receive a notice from us because your address changed and you did not notify us.
If you select to have MakeSpace take photos of or index Your Stuff, MakeSpace will need to open up your Box(es) to do so. Other than providing that service if you select it, MakeSpace does not intend on accessing any of your Boxes after they are sealed. However, MakeSpace 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 MakeSpace 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 MakeSpace receive a subpoena, or a law officer or governmental agency requests documents or information about Your Stuff, you agree that we may provide such information or documents without incurring liability to you.
After picking up Your Stuff, we will store Your Stuff at a MakeSpace facility; however, you acknowledge and agree that at any time while you are storing Your Stuff with MakeSpace, we shall have the right, at our sole discretion, to move Your Stuff to another one of our facilities in the continental United States. Any decision by MakeSpace to move Your Stuff will not affect your financial obligations to us during the course of your time storing with MakeSpace.
We will use commercially reasonable efforts to maintain the temperature of the facility in which your Boxes are stored between 55°F and 90°F. Other than temperature, Your Stuff will not be stored in a climate-controlled environment. The air flow, 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 Stuff 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.
Absent a court order or binding arbitration ruling, MakeSpace will not release any of Your Stuff to someone else that claims they own it. However, MakeSpace will not "take sides" in a property dispute. If anyone approaches MakeSpace directly with a claim that they are the true owner of some or all of Your Stuff, we will provide them with a form to fill out under penalty of perjury that sets out their claim. As part submitting that form, the person claiming ownership of some or all of Your Stuff must agree to indemnify MakeSpace and you for all costs that result from their claim if it is wrong, and they must agree to offer you the option to arbitrate (without MakeSpace as a party) to resolve the claim, with the loser to pay the winner's attorney's fees and costs.
If they agree to these terms, we will provide you a copy of their summary of their claim, along with a form for you to respond to dispute their claims. If you dispute the claims, MakeSpace will take no further action — the matter is yours to resolve (although you will now have the option of a loser-pays arbitration). You have 30 days to dispute the claim of ownership. If you do not respond, we will return the disputed property to you, and notify the person claiming ownership that we have done so. By executing this Agreement, you are agreeing that we can bill you for the costs (including internal staff costs) of returning the disputed property.
By executing this Agreement and using MakeSpace, you are agreeing that in the event that Your Stuff breaks or go missing, MakeSpace’s liability for each Box will be limited to $250, and MakeSpace’s total liability will be limited in the aggregate to $2,000 for all Boxes stored with MakeSpace (the “Aggregate Limit”). If you wish to increase the limitation of liability on Your Stuff, please call our Customer Success Team at (800) 920-9440 for availability and pricing.
If you store stuff in MakeSpace worth more than the per-Box and Aggregate Limit, you do so at your own risk. (You are free to buy your own insurance, and should check because your existing homeowner’s or renter’s insurance may cover the damage. If you pay for MakeSpace using certain credit cards, you may also be entitled to supplemental benefits from insurance or other protection programs from your credit card company, and so you should call them to check as well).
In the unfortunate event that something breaks or goes missing, MakeSpace has a claims process. In the case of a damaged item, MakeSpace will work with you (and you have to help MakeSpace) to collect information about the damage. The process generally takes about four weeks from the time we’ve collected all the information (and can add an additional 5-10 business days if the damage occurred while Your Stuff was in the care of a third-party like UPS). Once we’ve been able to assess on our end (or in conjunction with a third-party like UPS), we will notify you, and make arrangements to credit your account, refund you, or replace the item (depending on the circumstances).
In the case of a missing item, MakeSpace first undergoes an extensive search of our records to see if we can locate Your Stuff, and often will need your cooperation to do so. This process can take much longer if Your Stuff was shipped rather than locally delivered, and so our Customer Support Agents will be available to you to provide estimated timelines and status updates as our investigation progresses. If we cannot find Your Stuff, we will engage a similar process to what happens if Your Stuff breaks or is damaged.
To the fullest extent permitted by law, MakeSpace 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, MakeSpace's and/or its agent's active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by MakeSpace's fault. Further, MakeSpace will have no liability to you for damages caused by an act of god, including a hurricane.
When MakeSpace’s employees or agents are in your home, office, or other location packing or picking up Your Stuff, MakeSpace agrees that you will be considered an “additional insured” under MakeSpace’s insurance. You agree that MakeSpace will have no additional liability to you for any reason (other than gross negligence or intentional misconduct) arising out of the activities or omissions of its employees or agents. You understand that your sole recourse for any such damage or loss incurred during a packing or pickup will be to seek coverage as an additional insured. MakeSpace can confirm insurance coverage upon request to a Customer Success Agent.
Our relationship is one of owner and occupant.
If, as a result of your actions or inaction, MakeSpace believes it is entitled to enforces its lien on Your Stuff and does so, MakeSpace’s liability for wrongful sale as a result of enforcing that lien is limited to the same per-Box and Aggregate Limit as would apply if Your Stuff had broken or gone missing.
To the fullest extent permitted by law, you shall indemnify and hold MakeSpace and its agents harmless from any loss incurred by MakeSpace and its agents in any way arising out of Your Stuff and your use of MakeSpace.
We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limit of MakeSpace’s liability (or when MakeSpace is not liable) is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in MakeSpace, and if you do not do so, you understand that MakeSpace will not be liable beyond the amounts and conditions in these Terms.
Any insurance carried by us or you is for the sole benefit of the party carrying the insurance. Each party waives its 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.
THE SERVICE IS 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 MAKESPACE, 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 LESSER OF (a) THE AGGREGATE LIMIT or (b) THE CURRENT VALUE (COST) OF ITEMS DAMAGED OR LOST, CAPPED AT OUR PER-BOX LIABILITY MULTIPLIED BY THE NUMBER OF YOUR BINS INVOLVED. THESE LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The period of time that this Agreement is in effect is called the "term." The term begins when you sign or accept this Agreement and will continue on a month-to-month basis until terminated.
You shall pay rent monthly to MakeSpace. Monthly rent must be paid in advance on the first day we pick up Your Stuff, and monthly thereafter, or you'll be subject to a Delinquency Fee. Monthly rent must be paid in full, without any deductions, without prior notice or prompting from us. (This means we aren't required to send you an invoice or a billing statement – our job is to worry about Your Stuff; your job is to keep your Credit Card valid). The monthly rent amount you must pay is the sum of the full amounts set out in the Standard Pricing that apply to Your Stuff, plus any applicable sales and other taxes imposed by any taxing authority. You can always view the breakdown of your current and previous charges and past monthly bins by clicking here.
Your monthly "Billing Cycle" is based on the date we (or a third party partner like UPS) pick up Your Stuff. So for example, if we pick up Your Stuff on the 5th of the month, your "second month" begins on the 5th of the next month. Each Billing Cycle after that would likewise begins on the monthly "anniversary" of your first pickup. If make changes to Your Stuff during any Billing Cycle, we will adjust your monthly rent for that Billing Cycle on a pro rata basis for the day(s) your Box was in our possession. This means, for example, if you add a Box halfway through the monthly Billing Cycle, you would pay one half the current monthly rent for that Box in the next Billing Cycle.
Conversely, when you remove any Box part-way through a Billing Cycle, you will no longer be charged monthly rent for that Box from the next Billing Cycle onward, unless the Box has been stored for fewer than three months. However, it also means that you will not get a credit or partial refund of prepaid monthly rent when removing a Box part way through that Billing Cycle.
Each Box has a 3-month minimum commitment, and your first three months of rent are non-refundable. Or stated in a lawyerly way: Under no circumstance will you be entitled to a refund of the first three months' rent, which will be paid in three monthly installments starting upon the initial pick up of Your Stuff.
This means that even if you get a Box (or all Your Stuff) delivered before the first three months are up, MakeSpace will still charge you the remainder of your 3-month minimum.
In the event that you schedule delivery for a Box (or all Your Stuff) prior to the 3-month minimum, MakeSpace may immediately charge you the remaining rent due on that Box (or all Your Stuff, as applicable).
The monthly rent, amounts and type of other fees and/or charges, may be adjusted by MakeSpace effective the month following notice by MakeSpace 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. (This basically means we can make changes if we give you a 30 day heads up.) 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.
MakeSpace, 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 us through your settings by providing us with details of a replacement card. We currently only accept the following payment methods for all one-time and recurring charges: American Express, Visa, Mastercard, Discover. However, we reserve the right to require payment by cash, bank check, or certified check should your account balance go past due.
If we are unable to bill your card, we'll send you a notice and try again in a few days. Late fees will be charged as soon as the event of late payment or delinquency occurs.
You are required to make all rental payments and other payments in a timely manner. Rent is due on or before the first day of your Billing Cycle, according to this Agreement. If you end up late on your payments (☹), we may accept a partial payment of the rent or other outstanding fee. However, our acceptance of a partial payment does not make up for you being late (legally it does not "cure your default or waive or stop us from pursuing our remedies discussed in this Agreement and at law.") A partial payment will not release your Boxes from any failure to pay ("default") under this Agreement. Remember: You will not be able to access your Boxes when you are in default. (☹)
Please be very careful about letting us know if you lose your card or your credit card number changes.
If you fail to pay rent or other fees on time, it means you are in "default" under this Agreement. You may (at our sole discretion) be denied access to the Box if you fail to pay rent by the due date.
MAKESPACE HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU IN THE BOX FOR OUTSTANDING RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION AS PERMITTED BY APPLICABLE LAW. MAKESPACE MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU IN THE BOX AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. MAKESPACE WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE.
You understand that by using MakeSpace you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Principles, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
We reserve the right to change our Storage Rules, these Terms, our Standard Pricing, our Service Zones, and our Privacy Principles immediately with no notice if the changes expand MakeSpace’s obligations, if the changes govern new services being initially offered by MakeSpace, or if the changes reduce your obligations to MakeSpace.
Otherwise, we may modify, adjust, or change our Storage Rules, these Terms, our Standard Pricing, our Service Zones, and our Privacy Principles at any time upon 30 days notice to you. The change will become effective the month following the notice. If we do change, adjust or modify our Storage Rules, these Terms or our Privacy Principles, we will send you a notice by email, postal mail, or SMS. It is your obligation to review the notice. Your continued use of MakeSpace will constitute an acceptance of the change.
Some parts of these Terms will continue to operate even after your account is terminated. 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 MakeSpace 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 MakeSpace's prior written consent. MakeSpace may transfer, assign or delegate its rights and obligations under our Terms without your consent.
This Agreement and our relationship will be governed by and construed in accordance with the laws of the State of New York, 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 New York County, State of New York, and you consent to the jurisdiction of such courts. This is a very important part of this Agreement. By executing this Agreement, you agree to the choice of law and jurisdiction discussed above. If you do not wish to be bound by this clause, do not execute this Agreement.
For all relief other than equitable or injunctive relief, any dispute arising with respect to your use of MakeSpace shall be settled by arbitration in accordance with the rules and procedures of JAMS arbitration and mediation service.
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 affiliated with JAMS, 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 New York, New York, 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 with JAMS. 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 State of New York.
This clause is a very important part of this Agreement. By executing this Agreement, you agree to the arbitration requirement. If you do not wish to be bound by this clause, do not execute this Agreement.
This Agreement and any written amendments or addenda executed at the same time as this Agreement, and any notices provided under this Agreement by MakeSpace, set forth the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior Agreements, representations, and understandings, oral or written, with respect thereto. With the exception of the Storage Rules, Privacy Principles, Standard Pricing, and Service Zones as noted herein, there are no representations, warranties, or agreements by or between the parties which are not fully set forth herein and no representative of MakeSpace or its agent is authorized to make any representations, warranties, or Agreements other than as expressly set forth herein. Except as otherwise provided herein, all modifications must be in a writing signed by both parties.