Terms of Service
Below are STORE’s Terms of Service. It is very important that you carefully and thoroughly read this entire 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.storenyc.com, all applications for your phone, tablet or device, and all of STORE’s products and services. You and STORE are bound by the terms of this Agreement. Each time you (or your designee) give any items to STORE for storage that confirms that you have agreed to these Terms.
We make STORE’s services (primarily, storage of your Containers) available to you only if you accept all of our policies — our Privacy Policies, Storage Rules, Standard Pricing, Service Areas, Protection Plans and these Terms (the “Agreement”). The Privacy Policies, Storage Rules, Standard Pricing, and Service Areas as a part of these Terms. (They are “incorporated by reference”).
If you do not want to accept all of STORE’s policies, please stop now and do not use STORE’s services. If you continue, and if you use STORE’s services, you will be conclusively deemed to have accepted STORE’s policies as set forth herein and as incorporated herein by reference.
Finally, as you could guess, throughout this Agreement, we will be referring a lot to the Containers that you store with STORE. To keep things short, sweet and clear, any reference to Container and/or Containers includes any and all Containers you store with STORE, whether you store one Container or multiple Containers.
YOUR USE OF STORE
Users of STORE must be at least 18 years of age. STORE users must be the sole owner of all property given to STORE. By using STORE’s services, you affirm that you are the sole owner of the contents in all Containers stored by STORE. By using STORE, you are deemed to have accepted and consented to all of STORE’s Terms of Service, Privacy Policies and are subject to STORE Storage Rules, Service Areas and Standard Pricing Terms and conditions.
STORE IS A LOCAL SERVICE
STORE is a local service. The storage and return of your Containers is dependent upon your ability to visit a STORE retail location or kiosk station or provide an area within our “Local Service Area” for pickup or delivery. This includes all services, including Container delivery. Your Local Service Area is determined by your proximity to a STORE retail location in accordance with our Local Service Area guide.
The services offered, and operating hours may vary by Local Service Area at the sole discretion of STORE. In addition, STORE may contract with a third-party to offer services on the behalf of STORE in certain Local Service Areas. Your Local Service Area may impact the prices STORE charges for its services (as laid out in our Standard Pricing). You may request delivery of your Containers to a location that is not in your Local Service Area. STORE, at its sole discretion, may facilitate the delivery of your Containers to a different Service Zone at pricing to be determined by STORE and approved by you prior to delivery. You understand and agree that STORE is under no obligation to store your Containers in a specific location.
OUR WEBSITE AND APPS
All content included on STORE (and the software that runs it) is the property of STORE or STORE’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 STORE without the express prior written consent of the respective owners.
We grant you a limited non-exclusive, non-transferable, non-sublicensable right solely to display and view content on or web portal for personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.
THINGS YOU CAN’T DO TO/WITH STORE
No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can’t copy or monitor STORE, or bypass or circumvent STORE’s navigation or structural presentation.
By agreeing to these terms, you affirm that you will not hack our systems or otherwise use them as unintended. This includes any part of STORE and any other systems or networks connected to STORE or to any STORE server. This includes hacking, phishing, cracking, or any other illegitimate means.
You agree you won’t try to scan or test the vulnerability of STORE, 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 lookup, or other mechanism to obtain information on any other user of or visitor to STORE.
You agree not to engage in any activity that could impose an unreasonable or disproportionately large load on STORE or the systems it is connected to and runs on.
Lastly, no manipulation of raw TCP/UDP streams or other such activities. No forging headers. No attempts to disguise the origins of messages or packets. No contacting our headquarters and pretending to be someone else.
STORE reserves the right to bar any such activity.
WHAT HAPPENS WHEN YOU BREAK THE RULES
You are responsible for everything you do involving STORE. 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 Policies, or (ii) the Containers you store with us.
STORE may terminate your STORE 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 staging of your Containers at our retail location at your expense.
If we terminate your account for cause (such as violation of our Terms, Storage Rules, or Privacy Policies), we will notify you of the termination, and you will have 30 days to arrange for transport of your Containers at your cost via STORE, subject to our Standard Pricing.
If you have placed specific Containers in STORE in violation of our Terms (including our Storage Rules) that may contaminate other Containers, or in any way pose a risk to human health, STORE reserves the right to dispose of those Containers with no compensation owed to you. Where feasible, STORE will attempt to contact you to arrange for quarantine (at your cost) or another way of resolving the hazard raised.
Notwithstanding our lien law rights or other applicable Terms, in the event that we reasonably believe there is an exigent circumstance or other risk to STORE or the property of other customers of STORE, we may terminate your account immediately and return your Containers to you at your expense, including potentially placing your Containers in quarantine at your cost.
CANCELLING YOUR ACCOUNT
You can begin the process of closing your account at any time by contacting STORE. (Any fees due will still apply). You must arrange for and pay the costs (as set out in this Agreement) of getting your Containers back to you. You must continue to pay us your full storage charge each month until all of your Containers have been retrieved from our STORE retail location.
YOUR RESPONSIBILITIES, OUR RIGHTS, AND LIMITATIONS ON LIABILITY
We have rules about what you may or may not include in your Containers. 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. STORE may refuse to store any Container at the sole discretion of STORE, even if the contents of the Container are not expressly forbidden by the Storage Rules.
While not prohibited, we strongly advise that you do not place into a Container 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. To the fullest extent permitted by law, you waive all rights and claims against STORE arising in any way from storing these things with your Containers.
Our Storage Rules specifically mention the storage of fragile items in Containers. Regardless of how well you pack a Container, it will be moved around. It might be jostled at times. As such, you should not store fragile property in the Container. We will not consider the storage of fragile property in Containers to be a breach of this agreement, but only if you understand and agree that if you go ahead and store fragile property in Containers you have waived all rights and claims against STORE should your fragile stuff break or otherwise be damaged.
PACKING YOUR CONTAINERS
STORE does not pack your belongings. You do. You are responsible for safely and securely packing your property into each Container. This includes packing your Containers so that your property will not be damaged during transit and storage. You understand that Containers will be moved from time to time. STORE provides Containers. We advise that you utilize the Containers STORE provides, although Containers conforming to our Storage Rules will be accepted. By providing us with a Container of your own you are making the statement (i.e., you “represent and warrant”) to STORE that the Container has been packed appropriately and is sturdy enough for transit, storage, and movement. You agree that STORE is not responsible for any damage caused by or arising from your failure to properly pack the Container. We reserve the right to refuse to accept any Container that appears insufficiently sturdy for transit, storage, or movement.
For your safety, the well-being of our team members, and the care of your belongings, we recommend packing no more than 45 pounds of your personal property into any single Container. We reserve the right to refuse to accept any Container that we reasonably believe weighs more than 45 pounds, exclusive of the weight of the Container itself. This weight restriction does apply to bins provided by STORE.
GETTING READY FOR PICKUP OR DELIVERY OF YOUR CONTAINERS
If you elect to schedule a valet appointment, please make sure that your valet appointment will happen in a safe environment. STORE employees/contractors can decline to complete a pickup if they feel that the location is unsafe, including but not limited to, rickety staircases, rotting wood floors, contaminated apartments, domestic disturbances, no elevator service. You will be charged a cancelation and/or rescheduling fee if the valet appointment is cancelled due to an unsafe condition; provided, however, that you will not be charged if the 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. STORE employees cannot remove doors from hinges or make other alterations.
BEING PRESENT AT APPOINTMENTS
It is your responsibility to be present or to otherwise make appropriate arrangements so that we can handle your Containers when you request a STORE appointment (in any form). Each time you (or your designee) give any Container to STORE it confirms that you have agreed to these Terms. Fees for late appointment cancellations and no shows are defined in the Standard Pricing and charged via credit card on file. If you are not present for the scheduled appointment, your Containers will be placed back in storage and you will be responsible for all fees and subsequent monthly billing.
Customers who engage in violent, threatening, disruptive or illegal conduct may be suspended or terminated. Acts of misconduct include, but are not limited, to the following:
- Acts of violence, terrorism and/or illegal conduct including those that cause or may tend to cause injury and/or harm to oneself or others
- Threats of violence or terrorism, harassment and/or conduct that poses a threat or risk of harm
- Conduct resulting in physical contact
- Disruptive or abusive language-derogatory remarks on race, ethnicity, religion, gender identity or sexual preference
- Carry or bring any item(s), dangerous instrument/s or weapons that may present a danger or hazard
- Conduct that interferes with customer traffic/impedes service
- Litter, dump garbage, liquids or other matter, create a hazard or unsanitary condition (including spitting or urinating)
- Destruct, deface, destroy or vandalize property
- Smoke or carry an open flame or lighted match, cigar, cigarette, pipe or torch
- Drink/possess any open unsealed container/s of alcoholic beverage
- Conduct that demonstrates an intent to defraud/theft of service
STORE reserves the right to refuse service to any customer who engages in violent, threatening, disruptive or illegal conduct or who otherwise presents a risk of harm to STORE, its employees and/or its contractors.
CHANGE OF ADDRESS
In the event your e-mail address and/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.
RIGHT TO ENTER, INSPECT AND MOVE YOUR CONTAINERS
STORE reserves the right to open and inspect any Container at any time and for any reason. Should STORE receive a search warrant from a governmental agency we may, without incurring any liability to you, allow your Container(s) to be searched, and, if applicable, the contents to be seized. Should STORE receive a subpoena, or a law officer or governmental agency requests documents or information about your Containers, we will provide such information or documents without any prior notice to you and without incurring liability to you.
After picking up your Containers we will store your Containers at a STORE facility; however, you acknowledge and agree that at any time while you are storing your Containers with STORE, we shall have the right, at our sole discretion, to move your Containers to another one of our facilities in the continental United States. Any decision by STORE to move your Containers will not affect your financial obligations to us during the course of your time storing with STORE.
TEMPERATURE & CLIMATE CONTROL
Your Containers are stored between 55°F and 90°F. Other than temperature, your Containers will not be stored in a climate-controlled environment. The air flow, moisture level, and heat will not be regulated. Because your Containers 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 final, non-appealable order of a court of competent jurisdiction, STORE will not release any of your Containers to someone else that claims they own it. However, STORE will not “take sides” in a property dispute. If anyone approaches STORE directly with a claim that they are the owner of some or all of your Containers 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 Containers must agree to indemnify STORE 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 STORE 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 the claim along with a form for you to respond to their claim. If you dispute the claim STORE 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. We will bill you for the costs of returning disputed property.
WHAT HAPPENS WHEN STUFF BREAKS
By accepting these Terms and using STORE you are agreeing that in the event that any of your Containers break or go missing STORE’s liability for each Container will be limited to the amounts reflected in your Protection Plan.
If you store stuff in STORE 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. (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 STORE 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 a Container is damaged or goes missing, STORE has a claims process. In the case of a damaged Container, STORE will advise you on how 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 Containers were in the care of a third-party). Once we’ve been able to assess on our end (or in conjunction with a third-party), we will notify you, and make arrangements if appropriate to credit your account, provide a refund, or replace the Container (depending on the circumstances).
In the case of a missing Container, STORE first undergoes an extensive search of our records to see if we can locate the Container and often will need your cooperation to do so. If we cannot find your Container, we will engage a similar process to what happens if your Container breaks or is damaged.
LIMITATION OF STORE’S LIABILITY; INDEMNITY
To the fullest extent permitted by law, STORE 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, STORE’s and/or its agent’s active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by STORE’s gross negligence. Further, STORE will have no liability to you for damages caused by an act of god or nature, including a rainstorm, a hurricane or flood, events which occur during a time of national emergency, or as the result of a criminal act.
STORE may be able to assist with disposal of unwanted items. Please contact a STORE representative to incur about disposal services.
STORE’S LIABILITY FOR A WRONGFUL SALE
Our relationship is one of owner and occupant.
If, as a result of your actions or inaction, STORE believes it is entitled to enforce its lien on your personal property and does so, STORE’s liability for wrongful sale as a result of enforcing that lien is limited to the same limits as would apply if your personal property/Containers had broken or gone missing.
To the fullest extent permitted by law, you shall indemnify and hold STORE and its agents harmless from any loss incurred by STORE and its agents in any way arising out of your Containers and your use of STORE.
We do not maintain any insurance on your personal property that you can make a claim under. Insurance is your sole responsibility. You have the option of obtaining your own personal coverage for your Containers stored in STORE.
WAIVER OF SUBROGATION
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 STORE, 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) 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 CONTAINERS DAMAGED OR LOST, CAPPED AT OUR PER-Container LIABILITY MULTIPLIED BY THE NUMBER OF YOUR BINS INVOLVED ii) THE AMOUNT SPECIFIED UNDER YOUR PROTECTION PLAN. THESE LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PAYING FOR OUR SERVICES
TERM AND RENT
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 STORE. Monthly rent must be paid in advance on the first day we pick up your Containers, 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. The monthly rent amount you must pay is the sum of the full amounts set out in the Standard Pricing that apply to your Containers, plus any applicable sales and other taxes imposed by any taxing authority.
Your monthly “Billing Cycle” is based on the date your Containers enter STORE (retail, kiosk, or valet). So, for example, if we pick up your Containers on the 5th of the month, your “second month” begins on the 5th of the next month. Each Billing Cycle after that would likewise begin on the monthly “anniversary” of your first pickup.
STORE’s pricing is based on the amount of Containers and is charged on a month-to-month basis. Rent is non-refundable. Under no circumstance will you be entitled to a refund of a monthly bill, which will be paid in monthly installments. Even if you retrieve your Containers before your monthly commitment is up, your monthly rent will not go down, and you agree to pay STORE for the remainder of your month-to-month contact.
Additional Containers will be added to the subsequent months billing cycle. Additionally, Containers removed from existing storage will be deducted on the subsequent months bill.
The monthly rent, amounts and type of other fees and/or charges, may be adjusted by STORE effective the month following notice by STORE 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.
STORE, 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: 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. In the event of a late payment we may accept a partial payment of the rent or other outstanding fee. Legally, a partial payment 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 Container from any failure to pay (“default”) under this Agreement. You will not be able to access your Container(s) when you are in default.
Please be very careful about letting us know if you lose your card or your credit card number changes.
DEFAULT; DENIAL OF ACCESS
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 your Container if you fail to pay rent by the due date.
STORE’S LIEN; DEFAULT
STORE HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU IN CONTAINERS 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. STORE MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU IN THE Container AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. STORE WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE.
You understand that by using STORE you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policies, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
CHANGES TO OUR POLICIES
We reserve the right to change our Storage Rules, these Terms, our Standard Pricing, our Service Areas, and our Privacy Policies immediately with no notice. Your continued use of STORE will constitute an acceptance of the change.
TERMS THAT SURVIVE
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 STORE 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 STORE’s prior written consent. STORE may transfer, assign or delegate its rights and obligations under our Terms without your consent.
CHOICE OF LAW; JURISDICTION
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 law’s 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.
This Agreement and any written amendments or addenda executed at the same time as this Agreement, and any notices provided under this Agreement by STORE, 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 Policies, Standard Pricing, and Service Areas 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 STORE 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.