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This is a really important legal document. It is 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”) that govern all use of www.makespace.com and all of MakeSpace’s services, including any apps for your phone or tablet. These Terms form the storage agreement between us as warehouseman and you as the depositor. You (and we) are bound by the terms of this Agreement.
Throughout this Agreement, we will be referring a lot to all of your items 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 an “Item”.
Please be advised: These Terms contain provisions that govern how claims that you and MakeSpace have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against MakeSpace to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
Any MakeSpace services you have signed up for will be automatically extended for successive renewal periods of the same duration as the term originally selected, at the then-current non-promotional rate. TO CHANGE OR RESIGN YOUR PAID SERVICES AT ANY TIME, YOU MUST ARRANGE FOR THE DELIVERY OF ALL OF YOUR STUFF; IF YOU TERMINATE AUTOMATIC RENEWAL, YOUR ACCOUNT WILL BE SUBJECT TO THE “CANCELLING YOUR ACCOUNT” SECTION BELOW. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, UPON ANY TERMINATION OF THIS AGREEMENT, MAKESPACE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
By agreeing to these Terms, you expressly acknowledge that you understand the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to be bound by these Terms, you may not use or access the Services.
While corporate accounts for MakeSpace are available, individual users must be real live natural persons over the age of eighteen (18) years and competent to enter into contracts in their own name. You can’t be using MakeSpace for someone else. You must provide us with your legal name (i.e., the name that matches the one on your government-issued ID). 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 and have the right to store the property. You further warrant that no third party has a lien on the property that you store in MakeSpace.
You will only use MakeSpace for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party. You will only use MakeSpace in a manner that complies with all laws that apply to you. If your use of MakeSpace is prohibited by applicable laws, then you aren’t authorized to use MakeSpace. We can’t and won’t be responsible for your using components of the MakeSpace service in a way that breaks the law.
MakeSpace may agree to accept payments made on your behalf from a third party, at your request. Even if there is a third party making payments for you, you shall remain fully liable for all of your obligations to MakeSpace. Absent a separate written agreement signed by MakeSpace, such a paying party shall not become a third party beneficiary or have any rights to Your Stuff or any rights under this agreement.
You agree that your order for the Services, made by clicking the “Confirm Appointment” button (which is your electronic signature), is your agreement to conduct transactions with us electronically, and is your affirmative consent to our use of an electronic record to provide or make available to you (whichever is required) any information required by any statute, regulation, or other rule of law to be in writing with respect to any transaction conducted with us. You will be responsible for any printing or storage of electronic records for your files and reference. When you place the order, our confirmation of your order will constitute our signature on this electronic agreement. We will send you our electronically signed confirmation when Your Stuff has been received into storage (“Warehouse Receipt”), and you clicking the "Confirm Appointment" button also will serve as your electronic acknowledgement of receiving the Warehouse Receipt. You agree that your acknowledgement of receiving the Warehouse Receipt, will constitute your electronic signature on the document, and your acknowledgement that you were provided reasonable time to review and question your signed Warehouse Receipt. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or this agreement.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
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. Such notice must be made by updating your online profile. If you are not currently in the Military, but become a member of the Military after executing this Agreement, you must update your online profile 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 provide the Services related to the storage of Your Stuff will depend on the locations where Your Stuff is located at the time you initiate the Services (your “Local Service Area”). Your Local Service Area is determined by the US Postal code of the address you provide to initiate and effect the Services in accordance with our list of Service Zones.
The Services and operating hours of our warehouses may vary by Service Zone at the sole discretion of MakeSpace. MakeSpace will have the right to use variable pricing based upon Service Zones given the varying costs of materials and resources in certain Service Zones. Your Local Service Area will impact the prices MakeSpace charges for the Services (as laid out in our Standard Pricing). You may request the provision of Services outside your Local Service Area, however, MakeSpace, may provide such Services at a variable price 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, but you will always have access to Your Stuff through our website.
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 and Application (defined below) including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not access or 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.
Subject to these Terms and your compliance therewith, we grant you a limited non-exclusive, non-transferable, non-sublicensable license solely to access, display and use MakeSpace for your personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.
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.
You agree you won’t hack or try to hack our systems. You will not accept or try to gain unauthorized access to MakeSpace data, 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 use MakeSpace in violation of any law, rule, or regulation.
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, reverse look-up, or other mechanism to obtain information on any other user of or visitor to MakeSpace.
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.
You agree not to decompile, reverse engineer, copy, modify, creative derivative works, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to MakeSpace.
You agree not to manipulate raw TCP/UDP streams or engage in other unauthorized conduct at the bit level. You will not forge headers or attempt to disguise the origins of messages or packets. You will not call our headquarters pretending to be someone else.
MakeSpace reserves the right to bar any additional activities that could be injurious to MakeSpace or its users. You will comply with any updated prohibitions.
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 the return of your items back to you at our expense.
Notwithstanding our lien law rights or other applicable Terms, if you have placed specific items in MakeSpace in violation of our Terms (including our Storage Rules) that may contaminate other items, put MakeSpace or the property of other customers at risk, or in any way pose a risk to human health, MakeSpace reserves the right to (i) terminate your account and/or (ii) quarantine or dispose of those items at your expense with no compensation owed to you. Where feasible, MakeSpace will attempt to contact you to arrange for quarantine (at your expense) or another way of resolving the hazard raised.
You can begin the process of closing your account at any time by contacting MakeSpace support. (Any fees for delivery or a Minimum Commitment will still apply). You must arrange for any administrative costs (as set out in this Agreement) related to the discontinuance of the Services. You must continue to pay us your rent until all of Your Stuff has been returned to you.
We have rules about what you may or may not store as part of Your Stuff. These 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 Item at the sole discretion of MakeSpace, even if that Item is not expressly forbidden by the Storage Rules.
These Storage Rules and Protection Plans specifically mention the storage of fragile items, valuables, and other special items. If you store fragile items with MakeSpace, those items are subject to additional policies and further limits on our liability. The policies outlined in the Storage Rules and Protection Plans are an integral part of this agreement. You agree to be governed by these policies.
Proper packing is essential to a good experience with MakeSpace. How you pack Your Stuff determines both the condition that it will be returned in and the limitations on our liability if something is damaged.
To ensure proper handling, small items (anything small enough to fit into one of our bins) should be packed into a bin or box that is 3 cubic feet or larger. We reserve the right to refuse to accept any loose Item, or we may require that you purchase Supplies and/or use our bins for such items.
When packing into our bins, we strongly recommend you use our complimentary bin liner bags to improve your experience and avoid additional fees at your delivery.
If you elect to use our packing services, including the use of our bins, we share responsibility for safely and securely packing your items. Your Protection Plan determines the limits of our liability on items that we pack.
Unless you elect to use our packing services, you are responsible for safely and securely packing each Item (or otherwise protecting it with packing supplies and moving blankets). This includes packing Your Stuff so that it will not be damaged during the provision of the Services. You understand that the Item will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up an Item, you are making the statement (i.e., you “represent and warrant”) that the Item has been packed appropriately and is sturdy enough for the Services related to storage. You agree that MakeSpace is not responsible for any damage caused by or arising from your failure to properly pack your Item. Items that you pack yourself are only subject to the Basic Protection Plan. We reserve the right to refuse to accept any Item that appears insufficiently sturdy or too poorly packed for the Service related to storage, or we may require that you purchase Supplies and/or elect to use our Packing Services and/or waive or further limit our liability for the Item before we will store your Item.
For your safety, the wellbeing of our Operations team members, and the care of your belongings, we recommend packing no more than 35 pounds of your personal property into any single box, bin, or other container, including containers provided by MakeSpace. We reserve the right to refuse to accept any Item that we reasonably believe weighs more than 40 pounds. We also reserve the right to re-pack, or ask you to re-pack, any Item for our safety or for the safety of Your Stuff.
The preceding weight restriction does not apply to some furniture or other Items that are designed to be moved by more than one person. However, we may refuse to accept such Items that we reasonably believe to weigh more than 100 pounds.
If you have questions about how the weight restrictions might apply to Your Stuff, please contact our Customer Support team well in advance (and at least 24 hours before) your appointment.
Before your first appointment with MakeSpace, and from time to time afterwards if they change, you may be required to explicitly agree with the Terms. In addition, each time you (or your designee) give any Item to MakeSpace, it confirms that you have agreed to these Terms.
Before an appointment, you may also be required to verify your identity online or in person, in a manner determined by MakeSpace and communicated to you prior to your appointment. It is your responsibility to verify your identity.
Depending on the nature of your appointment, MakeSpace may ask you to confirm your appointment in advance by contacting you via the email or phone number in your online profile. It is your responsibility to respond and confirm your appointment, to accurately update details to the appointment, including but not limited to the Services to be rendered, the inventory of items subject to the Services related to storage, and our ability to access your home.
Please make sure that your pickup will happen in a safe environment. This includes locations with evidence of contamination or infestation by bed bugs or other pests.
It is your responsibility to be home (or at the designated location of your appointment) or to otherwise make arrangements so that we can initiate the Services related to the storage of Your Stuff when you request a MakeSpace appointment (in any form).
You must be packed and organized before we initiate the Services. Appliances like AC units and refrigerators must be unplugged and dry. TVs and artwork should be removed from the wall. Cords should be coiled. We‘re not responsible for any damage to larger items that we deem to have not been properly packed, wrapped, or otherwise prepared for storage. Please make sure there is a clear path to the street. MakeSpace employees cannot remove doors from hinges or make other environmental alterations related to its provision of the Services.
If your building requires a Certificate of Insurance (“COI”) for MakeSpace to complete the Services, it is your responsibility to contact MakeSpace and request a COI at least two (2) business days in advance of your appointment.
If your building requires reservations for service elevators or loading docks, or other advance notice or preparations, it is your responsibility to make such arrangements.
If an appointment is delayed or its duration is extended due to your lack of preparation, applicable service fees will apply to the time we are delayed (delays caused by you are considered “on the clock”).
At its sole discretion, MakeSpace or its employees may choose to cancel or decline to complete your appointment if you fail to be prepared for any reason enumerated above, including but not limited to your failure to state your agreement to the Terms or verify your identity in a manner satisfactory to MakeSpace, failure to confirm your appointment and its details, failure to provide a safe working environment, failure to be home for an appointment, failure to be packed and provide access to Your Stuff, failure to request a required COI, and failure to reserve loading docks or service elevators. In addition, MakeSpace or its employees may choose to cancel or decline to initiate work on the Services if such completion would be outside of our typical operating procedures; if we have reason to believe you do not intend to use the Services in accordance with these Terms or meet your payment obligations; if we observe evidence of police action, unrest, criminal activity, or eviction; or for any other reason.
If an appointment is cancelled or rescheduled after the free cancellation period, MakeSpace will charge you a cancellation, no-show, or rescheduling fee, as outlined in our Standard Pricing and/or communicated to you when you scheduled the appointment.
MakeSpace (including its employees, agents, representatives or subcontractors) shall not be liable to you if MakeSpace or its employees, agents, representatives or subcontractors discontinue provision of the Services for any reason.
If you request an appointment outside of your Local Service Area, a third party may assist in the provision of the Services. It is your responsibility to coordinate with the third party, to abide by their policies, and pay any fees owed to them due to the circumstances of the appointment, including but not limited to any administrative fees related to the provision of the Services.
In the event your email address, residence address, mailing address, billing address and/or phone number changes, you must update your online profile within ten (10) days of the change. Changes of e-mail address, or residence address, mailing address, and/or billing address changes cannot be made by any other method, including but not limited to email or by telephone. We are not responsible if you don’t receive a notice from us because your address changed and you did not update your online profile. You represent and warrant that you are the owner of any cell phone or mobile phone number contained in your online profile, and that you shall remove any cell phone or mobile phone number contained in your online profile if you surrender that number or transfer it to any other person. You further agree that we may contact you using any of the information contained in your online profile, including any listed cell phone or mobile phone number.
As a standard part of our service, we will photograph each Item in storage. MakeSpace may (but is not required to) photograph any Item multiple times, including before and after it is wrapped and protected for storage. MakeSpace may open MakeSpace bins to take overhead shots of the contents before they are stored. MakeSpace does not open other sealed containers for the purposes of providing photographs as part of our standard service. MakeSpace (and its agents, representatives, and subcontractors) reserve the right to open and inspect any Item in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods or violation of Storage Rules, or upon your default (see “Default” below) under this Agreement. Should MakeSpace (or its agents, representatives, and subcontractors) receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove any seal from the relevant Item(s), allow your Item(s) to be searched, and, if applicable, the Item or its contents to be seized. Should MakeSpace (or its agents, representatives, and subcontractors) 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.
In furtherance of the Services to you, we will store Your Stuff at our warehouse 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 warehouse facility in the continental United States. In any event, you will have the right to view a photo inventory of Your Stuff and information on the condition of Your Stuff at any time at our website. 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 Items 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 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 Stuff. We are not liable for the natural growth of mold, or mildew or similar microorganisms on Your Stuff. 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 (including its employees, agents, representatives, and subcontractors) 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 you have carefully reviewed our Protection Plans, and that in the event that Your Stuff breaks or go missing, the liability for each Item by MakeSpace (including its employees, agents, representatives, and subcontractors) will be limited to the amounts reflected in your applicable Protection Plan. If you store stuff in MakeSpace that is worth more than the amount reflected in your Protection Plan, either individually or in the aggregate, you do so at your own risk.
THE LIMITATIONS ON LIABILITY OF MAKESPACE (INCLUDING ITS EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUBCONTRACTORS) AS SET OUT IN OUR PROTECTION PLANS ARE A CRITICAL PART OF THIS AGREEMENT, AND BY EXECUTING THIS AGREEMENT YOU ACKNOWLEDGE THAT MAKESPACE WOULD NOT OFFER SERVICES IN THEIR ABSENCE.
In the unfortunate event that something breaks or goes missing, MakeSpace has a claims process. The policies that govern that process are outlined in our Protection Plans.
MakeSpace agrees that it will cause you to be listed as an “additional insured” on MakeSpace’s liability insurance in regard to bodily injury or property damage claims that arise while MakeSpace’s employees or agents are in your home, office or other location, in furtherance of the Services related to the storage of Your Stuff. Your coverage as an additional insured will be subject to existing policy limits and will be subject to the terms, conditions and limitations of MakeSpace’s insurance policy. You agree that you will solely rely on available insurance to provide you a defense and indemnity in regard to any claim that arises out of MakeSpace’s work for you in your home, office or other location, even if that MakeSpace’s insurer denies you coverage for any reason. You shall not have and shall not claim any right to contribution, indemnity, or a defense from MakeSpace in connection with any liability claim made against you, except as required by law. In the event that you suffer injury or damage to your property other than Your Stuff while MakeSpace’s employees or agents are in your home, office or other location packing or picking up Your Stuff, you agree that MakeSpace’s liability shall be limited to its available insurance limits, and you shall not collect any damages you suffer or any judgment you are awarded from MakeSpace’s non-insurance assets. In addition, upon a written request from you, MakeSpace agrees that your landlord (or other entity with a property interest in the location where we work) will be an additional insured under our general and automotive liability insurance. MakeSpace can confirm insurance coverage and applicable limits upon request to a Customer Support Agent.
To the fullest extent permitted by law, you shall indemnify and hold MakeSpace (including its employees, agents, representatives, and subcontractors) 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 limits you selected in your applicable Protection Plan 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.
If Your Stuff is stored in the State of Massachusetts: The property which you are putting in storage is not covered by insurance against fire or theft. You may contact the warehouseman for instructions on placing insurance coverage for fire and theft on the deposited property.
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 that is covered by its own insurance 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.
Neither MakeSpace, nor its licensors, suppliers, or subcontractors, make any representations nor warranties concerning any content contained in or accessed through the Services, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors, suppliers and subcontractors) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from MakeSpace or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY MAKESPACE (AND ITS LICENSORS. SUPPLIERS, AND SUBCONTRACTORS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL MAKESPACE, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, 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 DISCLOSED BY YOU OR 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) i) IF YOU CREATED YOUR ACCOUNT BEFORE WE OFFERED PROTECTION PLANS AND HAVE NOT SELECTED A PROTECTION PLAN THE LESSER OF (a) THE AGGREGATE LIMIT or (b) THE CURRENT VALUE (COST) OF ITEMS DAMAGED OR LOST, CAPPED AT OUR PER-ITEM LIABILITY MULTIPLIED BY THE NUMBER OF YOUR BINS INVOLVED ii) THE AMOUNT SPECIFIED UNDER YOUR SELECTED PROTECTION PLAN. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. 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 to MakeSpace according to the Storage Plan and the Services you use. Rent must be paid when it is due, or you’ll be subject to a Delinquency Fee, denial of access, and ultimately a lien sale (see “Default” below). Rent must be paid in full, without any deductions, without prior notice or prompting from us. Rent is not refundable. The rent amount you must pay is the sum of the full amounts set out in the Standard Pricing that apply to your Storage Plan, including rent arising from the Minimum Commitment, plus any fees for the Services, 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 invoices by clicking here.
The 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.
You will pay us by providing a valid, unexpired credit or debit card (“Card”). We only accept credit and debit cards for all one-time and recurring charges. We do not accept prepaid cards, nor do we accept payment by cash, bank check, or certified check.
You agree that MakeSpace, or another company that we rely on, will save your Card information and will use it for any future charges. We will automatically charge your Card when rent is due and may also automatically attempt to charge outstanding unpaid charges on the Card. We are not responsible for any fees charged to you by your bank or Card issuer related to our successful or attempted charges to your Card (e.g., overdraft fees). If you want us to stop charging the Card, you need to notify us by providing us with details of a replacement card on your Account Settings page.
If we are unable to bill the Card, we will send you a notice and try again until the charge succeeds. It is your responsibility to ensure the Card remains valid and your rent is being paid.
You are required to make all rent payments and other payments when they are due. If you fail to pay rent or other fees on time, in addition to any other conditions, it means you are in “default” under this Agreement.
You may (at our sole discretion) be denied access to Your Stuff if you are in default.
We will make commercially reasonable efforts to inform you of your default and collect any rent that is due. If you remain in default, we will charge you additional fees per our Standard Pricing.
If you end up late on your payments, we may accept a full or partial payment of the rent or other outstanding fees, either using the Card or via another payment method of our choosing and communicated to you in writing. 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 Stuff from any failure to pay (“default”) under this Agreement. Remember: You will not be able to access Your Stuff when you are in default.
MAKESPACE HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU 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 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.
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.
These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application.
These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof, provided, however, that any auction or sale of Your Stuff will proceed in accordance with the requirements of the law of the State where Your Stuff is stored.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled through arbitration, in New York, New York, in English, before one arbitrator, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. Such Arbitration shall proceed before one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. You agree to participate in the binding arbitration in good faith and agree to be bound by the arbitrator’s award. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. As a condition precedent to initiating arbitration, making any claim and/or filing any suit, you shall provide Makespace (including its agents, representatives, and subcontractors) with a reasonable opportunity to inspect the Items which are the basis of your claim. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted.
Notwithstanding the foregoing, 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, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
NO ARBITRATION, LAWSUIT OR OTHER ACTION MAY BE MAINTAINED BY YOU OR OTHERS AGAINST MAKESPACE WITH RESPECT TO YOUR STUFF UNLESS A TIMELY WRITTEN CLAIM HAS BEEN MADE AS PROVIDED IN THESE TERMS AND UNLESS YOU HAVE PROVIDED COMPANY WITH A REASONABLE OPPORTUNITY TO INSPECT THE YOUR STUFF AND UNLESS SUCH LAWSUIT, ARBITRATION OR OTHER ACTION IS COMMENCED WITHIN NINE (9) MONTHS AFTER YOU LEARNED OR REASONABLY SHOULD HAVE LEARNED OF THE LOSS AND/OR DESTRUCTION OF AND/OR DAMAGE. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York, New York. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MAKESPACE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.