Last Updated: May 21, 2018
USE OF SERVICES
Customer acknowledges and agrees that it will use the Services only to access, employ, utilize, or display the Software solely for Customer’s “personal or business purposes.” For the avoidance of doubt, the term “personal or business purposes,” as used herein, does not include, among other things, the right to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing malicious code, including, without limitation, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) upload Prospects that are not pre-existing, substantive relationships; (v) upload or disseminate information that is known by the Customer to be false, misleading or omit material facts; or (vi) use the Services in any other manner which violates any Policy or any applicable law. Customer agrees to report immediately to Stor and Deliver, and to use best efforts to stop immediately, any violation of the terms and conditions set forth in this Section 13 or in any of the Policies. In the event of any suspected violation of any term, condition or restriction set forth in this Section 13 or in any Policy, or in the event Stor and Deliver otherwise reasonably objects to any inappropriate or improper content uploaded by Customer in connection with its use of the Service, Stor and Deliver may immediately disable Customer’s access to the Services and suspend its provision thereof.
RESTRICTIONS ON USE
The contents from the Website may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of STOR AND DELIVER; EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates STOR AND DELIVER intellectual property rights. The material in this Website is provided for lawful purposes only. If you download software from our Website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by STOR AND DELIVER. Neither title nor intellectual property rights are transferred to you, but remain with STOR AND DELIVER, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
INFORMATION YOU PROVIDE TO US / TCPA CONSENT
Upon agreeing to the terms of our rental agreement, you will be prompted to disclose certain information about yourself and your storage needs. Some of this information will be sent to our Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a reservation, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide you services, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your request for service and our business, including marketing related emails. You also authorize Stor and Deliver to send you an automated prerecorded call confirming your reservation, and you understand that either Stor and Deliver may use automated phone technology (including autodialed and prerecorded messages) to call you.
The Website may include interactive areas in which you or other users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (“User Content”). By using the Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. Unless specifically requested by STOR AND DELIVER, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
g. Viruses, spyware, Trojan horses or any other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of STOR AND DELIVER, is objectionable, restricts or inhibits any other person from using or enjoying the Website or which damages the image or rights of STOR AND DELIVER, other users or third parties.
STOR AND DELIVER does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is STOR AND DELIVER liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
This is an agreement for services and Customer is not granted any license hereunder. All software embedded in the Services, the Professional Services, and in any applications developed, owned or controlled by Stor and Deliver (as applicable) (the “Software”), and the Services, are and shall remain the sole and exclusive property of Stor and Deliver. Accordingly, Customer acknowledges that, as between Stor and Deliver and Customer, Stor and Deliver owns all right, title and interest in and to the Software and the Services, including, without limitation, all United States and international patent rights, copyrights, trademark rights, trade secret rights, and all other proprietary rights pertaining thereto. Except as expressly granted in this Agreement, Customer will not have or acquire any rights or interest in or to the Software or the Services. Customer acknowledges that the Software contains proprietary information and trade secrets of Stor and Deliver. Customer will not take any actions inconsistent with Stor and Deliver’s ownership of each of Stor and Deliver’s rights in and to the Software. Customer agrees that Customer will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties except as authorized by this Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Software in violation of any applicable laws, regulations or export restrictions; or (v) possess or use the Software in any format other than machine-readable format. All rights in the Software not explicitly granted herein, are reserved by Stor and Deliver. If you are using the Services in any country within the European Union, the prohibitions set forth herein will not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
MONITORING AND ENFORCING TERMS OF SERVICES
STOR AND DELIVER has the right to:
b. Remove, screen, edit, modify or refuse to post any User Content for any or no reason in our sole discretion.
c. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
d. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
In connection with Stor and Deliver’s provision of the Services, Stor and Deliver will send to Customer’s email address or Customer may create (as designated by Customer at the time an account is established), information such as user-IDs and/or passwords which will enable Customer to access the Services (the “Passwords”). Customer agrees to maintain the Passwords in strict confidence and not to provide the Passwords to any third party. Customer will notify Stor and Deliver promptly if there is a loss or compromise of any Passwords and Customer will be solely responsible for all actions and fees incurred as a result of such incident resulting from the Customer’s negligence or intentional misconduct. Any unauthorized use of the Passwords by Customer will constitute a material breach of this Agreement.
SUBMISSION OF IDEAS
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about STOR AND DELIVER, the Website and our products and services (collectively, the “Ideas”). Ideas, whether posted to the Website or provided to STOR AND DELIVER by email or otherwise are entirely voluntary, nonconfidential, gratuitous and non-committal.
You hereby irrevocably assign and transfer to STOR AND DELIVER all of your rights, title and interest, on a worldwide basis, including without limitation, all intellectual property rights and moral rights, in and to such Ideas. Accordingly, STOR AND DELIVER shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. To the extent the preceding assignment and transfer is ineffective, you grant STOR AND DELIVER an exclusive, irrevocable, royalty-free, perpetual and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, and create derivative works from any such Ideas submitted to STOR AND DELIVER by you.
STOR AND DELIVER will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future STOR AND DELIVER operations. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them. We may have already had the same or similar idea and we do not want disputes.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Ideas exist and are not exclusively owned by STOR AND DELIVER, you agree not to enforce any such rights as to us or our licensees, agents, representatives, and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent as set forth below.
Stor and Deliver, Inc.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the Digital Millennium Copyright Act and other applicable law, Stor and Deliver has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Stor and Deliver may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
LIMITATION OF LIABILITY
STOR AND DELIVER will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. STOR AND DELIVER will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if there is negligence or STOR AND DELIVER or an authorized STOR AND DELIVER representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. STOR AND DELIVER total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to STOR AND DELIVER to access this Website, which in all cases should be $0.
This Agreement will be governed by the laws of the State of Delaware as applied to agreements entered into and performed entirely within the State of Delaware. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator. Any such arbitration shall be conducted in Denver, Colorado. Judgment upon any award may be entered in any court of competent jurisdiction. The arbitrator shall be designated by mutual agreement of the parties or, if the parties cannot agree on an arbitrator within ten (10) days after a request for arbitration hereunder, each party shall designate one (1) arbitrator and the arbitrators so designated shall designate a third arbitrator who shall conduct the arbitration. The decision of the arbitrator shall be binding and conclusive upon the parties. Notwithstanding the foregoing, Stor and Deliver shall have the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of Colorado, to which jurisdiction, for such purpose, Customer hereby irrevocably consents.
The material in the Website could include technical inaccuracies or typographical errors. STOR AND DELIVER may make changes or improvements at any time. THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. STOR AND DELIVER DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STOR AND DELIVER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STOR AND DELIVER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT STOR AND DELIVER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
The Website contains downloadable materials as well as links to external sites. STOR AND DELIVER is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that STOR AND DELIVER cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
STOR AND DELIVER is an equal opportunity employer committed to a diverse workforce. STOR AND DELIVER franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Solicited applications are active for 180 days, after which you must reapply.
TRADEMARK AND COPYRIGHT NOTICES
The Website contains many of the valuable trademarks and service marks owned and used by STOR AND DELIVER throughout the world. These trademarks and service marks distinguish STOR AND DELIVER’s quality products and services. The content, arrangement and layout of the Site, including, but not limited to, the trademarks, service marks, package designs, text, and content, are proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of STOR AND DELIVER.
The Website may also contain references to other company, brand and product names. These company, brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Website are either the property of, or used with permission by STOR AND DELIVER. STOR AND DELIVER may be, but is not necessarily sponsored by or affiliated with any of owners of the other company, brand and product name appearing on the Site, and makes no representations about them, their owners, their products or services.
The graphic images, buttons and text contained in the Website are the exclusive property of STOR AND DELIVER, except where otherwise noted, and, except for personal use, may not be copied, distributed, or displayed, or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of STOR AND DELIVER.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Website, or trademarks, service marks, or trade dress found within the Website may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Website the User does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Website.
All other trademarks are the property of the respective trademark owners.
The Website may link to sites not maintained or related to STOR AND DELIVER. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this Website or STOR AND DELIVER.
STOR AND DELIVER has not reviewed any or all of the sites hyper-linked to or from this web site and is not responsible for the content of any other sites. The links are to be accessed at the user’s own risk, and STOR AND DELIVER makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Website. Further, STOR AND DELIVER does not implicitly endorse third-party sites hyper-linked to the Website.