- 01.Personal Info
- 02.Add Slot
Terms of Service for Self Storages
- Alcohol, tobacco, or fire arms
- Flammable or dangerous goods or hazardous materials
- Money, cash, coins, currency, paper money, endorsed stocks, bonds and cash letters
- Live animals of any kind
- Fragile or very expensive or rare items
- Human corpses and/or cremated remains
- Used hypodermic needles and syringes or medical waste
- Items that would require a Warehouse to obtain a federal state or local license for transportation
- Items that may cause damage or delay to equipment, personnel, or other packages
- Gaming devices (such as lottery tickets) where prohibited by federal, state or local laws
- Items whose carriage is prohibited by law, statute or regulation of the state in which the items may travel
- Stolen goods
- Any items that you do not have the right, standing or permissions to store or ship
3.7 ABANDONED ITEMS
Any items that are still being stored after the applicable storage period will be considered abandoned. The Warehouse and/or ZipStored will use commercially reasonable efforts to contact you to make the necessary delivery arrangements or to see what you want to do with the stored items. YOU WILL BE REQUIRED TO CONTINUE PAYING THE APPLICABLE STORAGE FEES WHILE YOUR ITEMS ARE STILL BEING STORED AT THE STORAGE LOCATION. IF THE STORAGE LOCATION HAS NOT BE ABLE TO REACH YOU OR AN ALTERNATIVE DELIVERY ARRANGEMENT HAS NOT BEEN MADE AFTER NINETY (90) DAYS, THEN YOU ACKNOWLEDGE AND AGREE THAT ZIPSTORED OR THE STORAGE LOCATION MAY ASSUME OWNERSHIP OR DISPOSE OF THE ABANDONED ITEMS IN ITS SOLE DISCRETION. YOU ARE RESPONSIBLE FOR ANY FEES FOR THE DISPOSAL OF ANY ABANDONED ITEMS.
. You will be notified of updates to our mobile-based Application from the app store from which you downloaded our mobile Application (the “App Store”). You may be able to adjust your device’s settings or take other actions that would allow automatic updates from your applicable App Store.
Ownership; Proprietary Rights.
The Site, the Applications, the Warehousing Services and the other ZipStored Services are owned and operated by ZipStored. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of these ZipStored Services provided by ZipStored (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that are provided and owned by Users, all Materials contained on any of the ZipStored Services are the property of ZipStored or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to ZipStored or its affiliates and/or third-party licensors. Except as expressly authorized by ZipStored, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. ZipStored reserves all rights not expressly granted in these Terms.
ZipStored shall own and have the right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to any of the ZipStored Services without restriction or payment of any kind to you.
You agree to indemnify, save, and hold ZipStored, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, the Applications, the Warehousing Services or any of the other ZipStored Services, including engaging with any Warehouse or accessing or using any Warehousing Services, any of the Content, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. ZipStored reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ZipStored, and you agree to cooperate with ZipStored’s defense of these claims. ZipStored will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
19. No Warranties; Disclaimers
19.1 No Warranties.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE ZIPSTORED SERVICES.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ZIPSTORED (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE ZIPSTORED SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION AND YOU AND ZIPSTORED HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE DALLAS, TEXAS. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND ZIPSTORED WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor ZipStored will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST ZipStored INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if ZipStored is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 22.3(b) is found not to apply to you or your claim, you and ZipStored agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering Dallas, TX. Both you and ZipStored irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, ZipStored may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your provision of the Warehousing Services or use of any of the other ZipStored Services or your relationship with ZipStored.
(c) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 22.3 above by sending written notice of your decision to opt-out to firstname.lastname@example.org. The notice must be sent to ZipStored within thirty (30) days of your creation of an account for the Warehousing Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(d) Improperly Filed Claims. All claims you bring against ZipStored must be resolved in accordance with this Section 22.3. All claims filed or brought contrary to this Section 22.3 shall be considered improperly filed. Should you file a claim contrary to this Section 22.3, ZipStored may recover attorneys’ fees and costs up to $15,000, provided that ZipStored has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
22.5 Relationship of the Parties.
The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in its relationship to ZipStored. ZipStored shall not be responsible for withholding taxes with respect to your compensation hereunder. You shall have no claim against ZipStored hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee or other benefits of any kind. Nothing in these Terms shall create any obligation between either party and a third party other than Customers.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ZipStored without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Site, the Applications, the Warehousing Services or any of the other ZipStored Services or your relationship with ZipStored, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 5 and 11 - 22.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
22.9 Entire Agreement.
22.10 No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
22.11 Geographic Restrictions.
ZipStored is based in the state of Texas in the United States. ZipStored makes no claims that accessing or using the Warehousing Services or that any of the ZipStored Services or any of the content is accessible or appropriate outside of the United States. Accessing or using the Warehousing Services or access to the Site, the Applications or any of the other ZipStored Services may not be legal by certain persons or in certain countries. If you access any of these ZipStored Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ZipStored with respect thereto.
22.12 Electronic Communications.
The communications between you and ZipStored use electronic means, whether you visit the Site or the ZipStored Services or send ZipStored e-mails, or whether ZipStored posts notices on the Site or ZipStored Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from ZipStored in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that ZipStored provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Site, the Applications, the Warehousing Services and the other ZipStored Services are offered by ZipStored, Inc. located at: 8951 Cypress Waters Blvd, #160, Irving, TX 75063 and email: email@example.com.
If you are a California resident, you may have this same information emailed to you by sending a letter to ZipStored, Inc., 8951 Cypress Waters Blvd, #160, Irving, TX 75063 with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
© 2019 ZipStored, Inc. All Rights Reserved.
By submitting you confirm that you have read the Zipstored (Warehouse) Terms of Service.