INTRODUCTION
The following terms and conditions (the “Agreement”) govern all use of the www.urBinstorage.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Services include “Storage Services” – by which User can have urBin arrange for the storage of User’s property (“Subscriber Items”). The Service is owned and operated by urBin Storage Solutions Inc. (“urBin”). The Service is offered subject to your (the “User”, “you” or “your”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by urBin (together, “Policies”) – including, without limitation, urBin’s Payment Policy and Shipment and Storage Policies. The User will also enter into a Customer Agreement with urBin. In the event of any conflict between this Agreement and the Customer Agreement, the terms of the Customer Agreement shall govern.1. ACCESS
Subject to the terms and conditions of this Agreement, the Service is provided solely for User’s own personal use, and not for the use or benefit of any third party.
User certifies to urBin that (i) if User is an individual (i.e., not a corporation) User is at least 18 years of age; (ii) it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service; (iii) that User has not previously been suspended or removed from the Service; and (iv) that User’s registration and use of the Service is in compliance with any and all applicable laws and regulations. If User is using the Service on behalf of an entity, organization or company, User represents and warrants that you have the authority to bind such organization to this Agreement and you agree to be bound by this Agreement on behalf of such organization. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
2. MODIFICATIONS.
urBin reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified. Nowithstanding the foregoing, if User is a paying Subscriber – such changes will only take effect at the beginning of the next subscription period (i.e. the next calendar month).
3. MEMBERSHIP.
In order to use the Storage Services, User must register (via the Site) and become a subscriber (“Subscriber”). When you register for an account and become a Subscriber, you may be required to provide us with some information about yourself (including, without limitation, your e-mail address or other contact information). User agrees that the information provided to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. User is solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you agree to immediately notify us at hello@urbin-storage.com.
4. PAYMENT.
urBin (or a third party engaged on its behalf) will save Subscriber’s credit or debit card information and use it for all future charges – which will automatically be charged to the saved card, unless Member notifies urBin through Subscriber’s Site account page. urBin currently accepts the following credit cards at this time: American Express, VISA, MasterCard and Discover Card. Late fees may be assessed to the extent allowed by applicable law.
5. SITE CONTENT.
The content on the Service, including without limitation, the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to urBin, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. urBin reserves all rights not expressly granted in and to the Service and the Content. User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks without the express prior written consent of the respective owners.
urBin grants to User a limited nonexclusive, non-transferable, non-sublicensable right solely to display and view the Content for personal, non-commercial use. If User downloads or prints a copy of the Content for personal use, User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from urBin or from the applicable copyright holder).
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
6. RESTRICTIONS.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. urBin reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any urBin server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of urBin, including any urBin account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or urBin’s systems or networks, or any systems or networks connected to the Service or to urBin.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to urBin on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement or any local, state, national or international law, or which infringes or misappropriates the rights (including, without limitation, the intellectual property rights) of urBin or others.
7. THIRD PARTY SITES.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under urBin’s control, and User acknowledges that urBin is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by urBin. User further 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 content, goods, information, or services available on or through any such website or resource.
8. INDEMNIFICATION.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless urBin, its affiliates and each of its, and its affiliates officers, employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees and accounting fees and costs, that arise from: (i) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (ii) User’s Subscriber Items; (iii) your access to, use of or alleged use of the Service; (iv) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (v) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
9. WARRANTY DISCLAIMER.
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. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OR ACCESS TO THE SERVICE.
10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL URBIN, 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 WITH RESPECT TO THE SERVICE: (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 (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, IN THE EVENT USER IS A PAYING SUBSCRIBER TO THE STORAGE SERVICES, SUCH AMOUNTS SHALL BE CAPPED AT THE COST (CURRENT VALUE) OF THE SUBSCRIBER ITEMS UP TO US$100.00). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT OTHERWISE STATED IN ANY OF THE POLICIES. THE FOREGOING LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. TERMINATION.
urBin may terminate User’s access to all or any part of the Site at any time, with or without cause, effective upon notice thereof to User (provided that, if urBin determines there may be an immediate threat to urBin, it may terminate such access without notice). Upon termination notice from urBin, User will no longer access (or attempt to access) the Site.
Notwithstanding the foregoing, if User is a Subscriber to the Storage Services, urBin may terminate this Agreement for any or no reason upon written notice to Subscriber, provided that, urBin arranges for the Subscriber Items to be delivered to Subscriber. Such delivery shall be at urBin’s expense, unless termination is due to Subscriber’s breach of this Agreement (in which case Subscriber will be responsible for such costs).
User may terminate this Agreement at any time by ceasing to use the services; provided that, if User is a Subscriber, User must terminate via User’s Site account page or by contacting support on the home page. Notwithstanding a Subscriber’s termination, Subscriber shall be obligated to pay urBin all fees for the calendar month in which termination occurs.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
12. EXPORT AND TRADE CONTROLS.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
13. INTERNATIONAL USE.
urBin makes no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where User is located, and accessing the Service from territories where any of the content accessed via the Service may be illegal is prohibited. User is responsible for compliance with local laws when User access and use the Service.
14. PRIVACY.
urBin’s current privacy policy is available at the Site (the “Privacy Policy”), which is incorporated by this reference. urBin strongly recommends that you review the Privacy Policy closely.
15. COPYRIGHT.
All content included on the Site, such as text, graphics, logos, button icons, images, and software, is the property of urBin or urBin’s licensors and other content suppliers – and protected by United States and international copyright laws. All software used in connection with the Site is the property of urBin or its software suppliers and protected by United States and international copyright laws.
16. ELECTRONIC COMMUNICATIONS.
When User visits the Site or send e-mails to urBin, User is communicating with urBin electronically. User hereby consents to receive communications from us electronically. urBin will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that urBin provides to User electronically satisfy any legal requirement that such communications be in writing.
17. MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 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 this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with urBin’s prior written consent. urBin may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by, construed and enforced in accordance with, the laws of the state of New Jersey. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under Delaware law, but, if any provision of this Agreement shall be invalid or prohibited under New Jersey law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Tenant agrees to waive their rights to a jury trial for any and all claims made against or through Lessor. Tenant further agrees that Lessor will be notified of all claims no later than the earlier of sixty (60) days from the initial discovery of the claim or default or sixty (60) days following the expiration or termination of this Agreement and failure to do so will result in the forfeiture of said claim. Any claims by Tenant arising under this Agreement must be brought in a court of competent jurisdiction located in the geographic area in which Lessor has its original place of business at the time of commencement of litigation proceedings. Tenant waives any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude Tenant or Lessor from bringing an action to enforce any judgment or judicial order in any other jurisdiction. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and, except as otherwise provided herein, that all modifications must be in a writing signed by both parties.
