urBin
USER TERMS AND CONDITIONS

Welcome to urBin! These Terms of Use ("Terms") are an agreement between you and urBin NYC Inc., urBin Distribution LLC. (together, "urBin," "we," or "us") that govern your use of the urBin platform and services (the "Services"). The Services include Storage on-demand (“Storage”), Moving, Logistics, and any related services offered by urBin on the urBin website and through urBin's online and/or mobile applications (the "Site", “Website”). By using the Services, you agree to these Terms, which outline your rights and responsibilities as a urBin user, as defined below. This agreement is to be read and undertaken by the Customer in conjunction with the Customer Service Agreement

Please note that urBin offers Moving and Storage Services, in addition to any other services that may be offered at its discretion and without prior notice, as defined below. These Terms, which outline your legal rights, obligations, and remedies, as well as those of urBin, constitute a legally binding agreement. As such, we strongly advise you to carefully review and understand these Terms to ensure that you are aware of your legal commitments and entitlements.

These Terms of Use ("Terms") govern your use of the urBin website (the "Site") and the urBin services (the "Services"). By accessing or using our Services, including but not limited to booking with urBin online, phone, email, text or any other means, even in the event of cancellation, you represent your understanding and agreement to be legally bound by these Terms. The acceptance of these Terms is a condition of use of the Site and Services.

These Terms also incorporate any supplementary terms applicable to your urBin account and the urBin Privacy Policy, which govern the gathering, use, and disclosure of your information, and which are hereby incorporated by reference. It is important that you read these Terms carefully and completely before accessing or using the Site or any of urBin Services, and contact us if you have any questions or concerns. All users, visitors, and others who access the Site or utilize the Services referred to as ("Users," "you," "user" or "your") are subject to these Terms. By using the Site and Services, you agree to comply with these Terms and all applicable laws and regulations.

THESE TERMS OF USE EMBODY A LEGALLY BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION CLAUSE. YOUR UTILIZATION OF THE SITE and URBIN SERVICES SIGNIFIES YOUR ACCEPTANCE OF THE PROVISIONS CONTAINED IN THIS AGREEMENT. NOTWITHSTANDING YOUR RIGHT TO ASSERT CLAIMS AGAINST URBIN, YOU EXPLICITLY CONCEDE THAT SUCH CLAIMS SHALL BE RESOLVED SOLELY THROUGH BINDING ARBITRATION, RATHER THAN THROUGH LITIGATION IN A COURT OF LAW, AND SOLELY ON AN INDIVIDUALIZED BASIS (NO CLASS ACTION), PRECLUDING THE POSSIBILITY OF JOINDER OR CONSOLIDATION WITH OTHER CLAIMS. WE STRONGLY URGE YOU TO PERUSE THESE TERMS WITH METICULOUS ATTENTION TO FULLY COMPREHEND YOUR LEGAL RIGHTS AND OBLIGATIONS.

CHANGES TO TERMS OF SERVICE.

Please be advised that URBIN retains the right to modify and adjust the Website, our policies, and these Terms of Service at our sole discretion and at any time. Any such modifications or adjustments shall become effective immediately upon their posting on the Website, and you expressly waive any right to receive specific notice of such changes or modifications.

You are responsible for regularly reviewing these Terms of Service for any updates or changes that may impact your use of the Website and/or services. Your continued use of the Website and/or services after any such modifications or adjustments have been made constitutes your express and unconditional acceptance of such modifications or adjustments. If you do not agree with any amended terms, your sole remedy is to immediately discontinue your use of the Website.

Please be advised that we may take any and all legal measures necessary to enforce compliance with these Terms of Service, including, but not limited to, seeking injunctive relief, damages, or any other appropriate remedies available at law or in equity.

By using the Website, you acknowledge and agree to be bound by these Terms of Service, as they may be modified or adjusted from time to time.

RIGHT TO USE URBIN SITE.

By accepting these terms, you are granted a license to use the Site for your own personal, noncommercial use only, subject to the limitations and permissions outlined by the Site's features. This license is non-exclusive, limited, non-transferable, and can be revoked by urBin’s sole discretion at any time, without reason or notice. All rights to the Site and urBin Content not explicitly granted by this license are reserved by urBin.

CUSTOMER ACCOUNTS.

a. Account Creation: In order to use the Services, you must create an account on the Site. You agree to provide accurate and complete information when creating your account, and to keep your account information up-to-date.

b. Account Security: You are responsible for maintaining the confidentiality of your account login information, including your password. You agree to notify urBin immediately if you suspect that your account has been compromised.

c. Account Termination: urBin reserves the right to terminate your account at any time, without notice, if it believes that you have violated this Agreement or any applicable laws or regulations.

SITE USE RESTRICTIONS

a. Prohibited Conduct: You agree not to use the Site or the Services for any illegal or unauthorized purpose, or to engage in any activity that interferes with or disrupts the Site or the Services. Prohibited conduct includes, but is not limited to:

using the Site or the Services to harass, intimidate, or threaten other users;
posting or transmitting any content that is obscene, defamatory, or otherwise objectionable;
using any automated system to access the Site or the Services without express written permission from urBin;
impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.

b. Content Guidelines: You are solely responsible for any content that you post or transmit on the Site or through the Services. urBin does not endorse any content posted by users, and reserves the right to remove any content that it believes violates this Agreement or is otherwise inappropriate.

c. Intellectual Property: All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of urBin or its licensors and is protected by United States and international copyright laws. You agree not to use any of the content on the Site without express written permission from urBin.

d. The Website may provide the option to download Content, Software and applications related to the Content for mobile devices. If you choose to download such Software, it is licensed to you by urBin, without transferring any title or intellectual property rights to you. urBin retains full and complete title to the Software and Content. You are not allowed to resell, decompile, reverse engineer, disassemble or otherwise convert the Website, Software or Content in any way.

DISPUTES WITH OTHER USERS

You agree that urBin is not responsible for any disputes or disagreements that may arise between you and other users of the Site or the Services. You release urBin from any claims, demands, and damages arising out of or in any way connected with such disputes.

TRADEMARKS RIGHTS

a. Trademark Ownership: urBin retains all rights, title, and interest in and to its trademarks, service marks, logos, trade names, and other proprietary branding (collectively, "Trademarks"). Nothing in this Agreement grants you any right or license to use any Trademarks, except as expressly authorized in writing by urBin.

b. Unauthorized Use: You agree not to use any Trademarks in any manner that is likely to cause confusion, mistake, or deception, or in any manner that disparages or discredits urBin. You further agree not to register or attempt to register any marks that are confusingly similar to urBin's Trademarks.

c. Trademark Notice: You agree to use the ® symbol or ™ symbol, as appropriate, to indicate the ownership of urBin's Trademarks. You agree not to remove, alter, or obscure any trademark or copyright notices or other proprietary notices that appear on or in connection with the Services.

d. Infringement: You agree to notify urBin immediately if you become aware of any unauthorized use of urBin's Trademarks or any other infringement of urBin's intellectual property rights. urBin reserves the right to take appropriate legal action to protect its Trademarks and other intellectual property rights.

WEBSITE CONTENT

a. Ownership: urBin retains all rights, title, and interest in and to the content, text, graphics, logos, images, photographs, video, audio, and other materials on or in connection with the Website (collectively, "Website Content"), including all intellectual property rights therein. Nothing in this Agreement grants you any right or license to use any Website Content, except as expressly authorized in writing by urBin.

b. Restrictions: You agree not to copy, reproduce, modify, create derivative works from, distribute, or otherwise exploit any Website Content without urBin's prior written consent. You further agree not to use any Website Content in any manner that infringes any intellectual property right or violates any applicable law or regulation.

c. Accuracy: urBin strives to provide accurate and up-to-date information on the Website, but cannot guarantee the accuracy or completeness of any Website Content. You acknowledge and agree that any reliance on Website Content is at your own risk.

d. User-Generated Content: You may have the opportunity to submit or post content on or in connection with the Website, including comments, reviews, and other user-generated content ("User Content"). By submitting or posting User Content, you grant urBin a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit in all formats and distribution channels now known or hereafter devised (including in connection with the Services and urBin's business and on third-party sites and services), any such User Content.

e. Prohibited Content: You agree not to submit or post any User Content that is defamatory, obscene, pornographic, abusive, harassing, or otherwise offensive or illegal. You further agree not to submit or post any User Content that infringes any intellectual property right or violates any applicable law or regulation.

f. Disclaimer: urBin is not responsible for any User Content or other third-party content on the Website. urBin does not endorse any User Content or other third-party content, and expressly disclaims any and all liability in connection with such content.

THIRD-PARTY CONTENT AND WEBSITE LINKS

a. Third-Party Content: The Website may contain content or links to content provided by third parties ("Third-Party Content"). urBin does not control or endorse any Third-Party Content and expressly disclaims any and all liability in connection with such content. Your access and use of Third-Party Content is at your own risk.

b. Website Links: The Website may contain links to third-party websites ("Website Links"). urBin does not control or endorse any Website Links and expressly disclaims any and all liability in connection with such links. Your access and use of Website Links is at your own risk.

c. Disclaimer: urBin is not responsible for any Third-Party Content or Website Links. urBin does not endorse any Third-Party Content or Website Links, and expressly disclaims any and all liability in connection with such content or links. You acknowledge and agree that urBin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Content or Website Links.

SERVICES

a. urBin Services: urBin provides storage, moving, and packing services. Our services are subject to availability and may be modified or discontinued at any time without notice.

b. Service Requests: You may request services from urBin through our website, phone, text, or email. We will make every effort to accommodate your service request, but we reserve the right to decline or modify any service request for any reason.

c. Fees: Fees for our services are based on the services requested, the distance of the move, the amount of storage space required, and any additional services requested. A detailed estimate of fees will be provided to you prior to the commencement of services.

ACCEPTANCE OF SERVICES

a. Agreement to Terms: By requesting and accepting urBin's services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not request or accept our services.

b. Service Confirmation: By accepting our services, you confirm that you have reviewed and agree to the details of the service, including the scope of work, fees, and any other relevant information.

c. Changes to Services: Any changes to the service requested by you must be agreed upon in writing by urBin and may result in additional fees.

d. Satisfaction Guarantee: urBin strives to provide the highest level of service. If you are not satisfied with our services, please notify us immediately so we can make a reasonable attempt to rectify the issue. However, we cannot guarantee a specific outcome or result from our services.

INTELLECTUAL PROPERTY RIGHTS

All content, information, and materials provided by urBin, including but not limited to logos, trademarks, service marks, designs, text, graphics, images, software, and other files, are owned by or licensed to urBin and are protected by applicable intellectual property laws. You may not use any of the foregoing without the prior written consent of urBin or the respective owner of such content, information, or materials. You acknowledge that you have no ownership rights in or to any of the foregoing, and that any use or reproduction of such content, information, or materials without the express written permission of urBin or the respective owner is strictly prohibited.

WEBSITE ACCESSIBILITY

urBin is committed to providing an accessible website for all users. We strive to ensure that our website and all content and features therein comply with applicable accessibility laws and regulations. We regularly review and update our website to improve accessibility and usability, and to provide an inclusive and welcoming user experience.

If you encounter any difficulties accessing or using our website, please contact us at support@ubrinstorage.com and we will make every effort to assist you. We welcome your feedback and suggestions for improving our website's accessibility and usability.

Please note that certain third-party content and features incorporated into our website may be beyond our control and may not be accessible or usable by all users. However, we will make every effort to ensure that all content and features under our control are accessible to the widest possible audience.

It is possible that the urBin website and services may encounter inherent limitations, delays, failures, and other issues that are commonly associated with the use of the internet and electronic communication. Any resulting delays, failures, or damages from such problems are not the responsibility of urBin.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, urBin shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use our services or website, including but not limited to damages for loss of profits, data, or other intangible property, even if urBin has been advised of the possibility of such damages.

IN NO EVENT SHALL URBIN'S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES OR $100, WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY.

You acknowledge and agree that urBin is not responsible for any third-party services or products that may be advertised, sold, or otherwise provided through our website or services. urBin makes no representations or warranties regarding such third-party services or products and shall have no liability whatsoever for any claims, damages, or losses arising out of or in connection with such third-party services or products.

You agree to indemnify and hold urBin harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our services or website, your violation of these terms and conditions, or your violation of any rights of another.

BY USING URBIN'S SERVICES OR WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS AND CONDITIONS, INCLUDING THIS LIMITATION OF LIABILITY CLAUSE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND URBIN, AND THAT URBIN WOULD NOT HAVE BEEN ABLE TO PROVIDE THE SERVICES OR WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT SUCH LIMITATION.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless urBin, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) arising from or in connection with your use of urBin's services, your violation of these terms and conditions, or your infringement of any third-party rights. You agree to cooperate fully with urBin in the defense of any such claim, and urBin reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

ELECTRONIC CONTRACT

By using urBin's services, booking, or reserving online by clicking the submit button or by any other electronic means you agree to enter into an electronic contract with us. This electronic contract includes these terms and conditions, as well as any additional terms that may be provided to you in connection with the specific services you are using. You agree that this electronic contract is legally binding and enforceable, and that you have the necessary authority to enter into and be bound by this contract. If you do not agree to the terms of this electronic contract, you should not use urBin's services.

USER CONTENT

By using urBin's services, you may be able to upload or submit various types of content, such as text, images, videos, and other materials (collectively referred to as "User Content"). You retain all ownership rights in your User Content, but by submitting or uploading User Content to urBin, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, and worldwide license to use, store, copy, modify, distribute, publicly display, and create derivative works from your User Content in connection with the provision of our services.

You represent and warrant that you have all necessary rights, permissions, and authorizations to submit or upload your User Content to urBin, and that your User Content does not infringe or violate any third-party rights, including but not limited to intellectual property rights, privacy rights, and publicity rights. You agree that you will not submit or upload any User Content that is unlawful, defamatory, harassing, abusive, obscene, or otherwise objectionable.

urBin reserves the right to remove or delete any User Content that violates these terms and conditions or is otherwise inappropriate or objectionable, without notice and in our sole discretion. You acknowledge that urBin is not responsible for any User Content submitted or uploaded by other users of our services and that you use and rely on User Content at your own risk.

ARBITRATION

Any dispute arising out of or relating to these terms and conditions or your use of urBin's services shall be resolved through binding arbitration conducted by the American Arbitration Association (the “AAA”). The arbitration shall be conducted in the English language and shall take place in the jurisdiction where urBin is headquartered.

You agree that any such arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You waive any right you may have to participate in any class action or similar proceeding.

The arbitrator shall have the authority to award any relief that would be available in a court of law, including but not limited to damages, injunctive relief, and attorneys' fees and costs. The decision of the arbitrator shall be final and binding on all parties involved.

By agreeing to these terms and conditions, you waive your right to a trial by jury and agree to submit any dispute to binding arbitration. This arbitration clause shall survive the termination of your use of urBin's services.

SMS/TEXT MESSAGE ALERTS AND CALLS

By providing urBin with your phone number, you consent to receive SMS/text message alerts and calls from urBin regarding your account, appointments, and other important information related to the services you have requested. Standard message and data rates may apply.

You acknowledge and agree that urBin may use an automatic telephone dialing system or prerecorded voice to make calls or send SMS/text message alerts to the phone number you have provided, and that such calls or messages may be subject to monitoring or recording for quality assurance purposes.

You may opt-out of receiving SMS/text message alerts or calls at any time by replying "STOP" to the message, contacting customer support, or adjusting your account settings. However, please note that opting out of SMS/text message alerts or calls may impact your ability to receive important information about your account or services.

urBin is not responsible for any fees or charges incurred by you as a result of receiving SMS/text message alerts or calls, including but not limited to fees charged by your mobile service provider.

SECURITY

urBin takes the security of personal information and User Content seriously and takes reasonable measures to protect them from unauthorized access, disclosure, alteration, or destruction.

However, you acknowledge and agree that no method of transmission over the internet or electronic storage is completely secure, and that urBin cannot guarantee the absolute security of your personal information or User Content. You use our services and transmit personal information and User Content at your own risk.

You are responsible for maintaining the confidentiality of your account login credentials and for any actions taken using your account. You agree to immediately notify urBin of any unauthorized use of your account or any other breach of security. urBin reserves the right to take any and all necessary actions to protect our services, users, and systems, including but not limited to suspending or terminating your account, in the event of any security breach or unauthorized access or use.

urBin is not responsible for any loss or damage arising from unauthorized access to or use of your personal information or User Content, or from your failure to comply with the security requirements set forth in these terms and conditions.

DISPUTES AND APPLICABLE LAW

These terms and conditions and your use of urBin's services shall be governed by and construed in accordance with the laws of the jurisdiction where urBin is headquartered (New York State), without regard to its conflict of law provisions.

In the event of any dispute arising out of or relating to these terms and conditions or your use of urBin's services, you agree to first attempt to resolve the dispute informally by contacting urBin's customer support team. If the dispute cannot be resolved informally, you and urBin agree to submit to the exclusive jurisdiction of the courts located in the jurisdiction where urBin is headquartered.

You agree that any dispute arising out of or relating to these terms and conditions or your use of urBin's services must be filed within one (1) year after the occurrence of the dispute, or else the claim shall be forever barred.

If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of urBin to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.

You may not assign these terms and conditions, in whole or in part, without urBin's prior written consent. urBin may assign these terms and conditions or any of its rights or obligations hereunder without your prior consent.

These terms and conditions create no agency, partnership, joint venture, or employment relationship between you and urBin.

FORCE MAJEURE

urBin shall not be liable for any delay or failure in performing its obligations under these terms and conditions to the extent such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government action, power outages, internet disruptions, or other events beyond urBin's reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, urBin shall be excused from performance for the duration of the Force Majeure Event and shall use reasonable efforts to mitigate the impact of the Force Majeure Event on its performance under these terms and conditions.

If a Force Majeure Event continues for more than thirty (30) days, either party may terminate these terms and conditions by providing written notice to the other party.

ENTIRE AGREEMENT/SEVERABILITY

These terms and conditions constitute the entire agreement between you and urBin and govern your use of our services, superseding any prior or contemporaneous agreements, communications, or understandings, whether written or oral, between you and urBin.

If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.

NO WAIVER

urBin's failure or delay to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision. The waiver of any such right or provision shall only be effective if it is in writing and signed by an authorized representative of urBin. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

ASSIGNMENT

urBin may assign or transfer its rights and obligations under these Terms and Conditions to any third party without the prior written consent of the User. The User may not assign or transfer its rights or obligations under these Terms and Conditions without the prior written consent of urBin. Any attempted assignment or transfer without such consent will be null and void.

GOVERNING LAW, INTERNATIONAL USE, AND USERS CLAUSE

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which urBin operates in, New York State (the “jurisdiction“). The User agrees that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the courts located in the jurisdiction in which urBin operates and the User hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.

urBin makes no representation that the materials and services provided on the urBin platform are appropriate or available for use outside the jurisdiction in which urBin operates. Access to and use of the urBin platform from locations outside such jurisdiction is at the User's own risk and the User is responsible for compliance with applicable laws.

THE URBIN PLATFORM IS INTENDED FOR USE BY INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD. By accessing or using the urBin platform, the User represents and warrants that he or she is at least 18 years old. If the User is accessing or using the urBin platform on behalf of a business or other legal entity, the User represents and warrants that he or she has the authority to bind such entity to these Terms and Conditions.

ATTORNEYS AND ACCOUNTANTS FEES, REMEDIES

In the event that either party breaches any provision of these Terms and Conditions, the non-breaching party shall be entitled to seek all available legal and equitable remedies. The prevailing party in any dispute arising out of or relating to these Terms and Conditions shall be entitled to recover its reasonable attorneys' fees, accountants' fees, and other costs incurred in connection with such dispute.

If urBin is unable to perform any of its obligations under these Terms and Conditions due to any event beyond its reasonable control, including without limitation, acts of God, natural disasters, pandemic, war, terrorism, or other events beyond its control, then urBin shall be excused from such performance to the extent of such event.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law. The failure of urBin to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision.

These Terms and Conditions, together with any additional terms to which the User agrees when using particular elements of the urBin platform, constitute the entire agreement between the User and urBin with respect to the use of the urBin platform.

SURVIVAL.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect

urBinUSER TERMS AND CONDITIONS

urBin
USER TERMS AND CONDITIONS