Terms of Service
This is a really important legal document. It is very important that you carefully and thoroughly read this whole 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.Stiritstorage.com and all of Stirit’s services, including any apps for your phone or tablet. You as the customer (“You” or “your”) (and we as defined below) are bound by the terms of this Agreement.
Please be advised: These Terms contain provisions that govern how claims that you and Stirit have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against Stirit to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
For purposes of these Terms of Service (“Terms”), any reference to “Stirit,” “Stirit Storage,” “Stiritstorage.com,” the “Company,”, “we” or any other derivative use of the Stirit name with respect to these Terms shall refer to the business and operations of Stirit Storage, LLC, a Florida limited liability company. These Terms shall govern all use of www.Stiritstorage.com and any other websites, services, mobile phone apps, tablet apps, etc. that may be provided or put forward by Stirit.
You must accept all of these Terms and adhere to all of our policies in order to use Stirit’s services. Acceptance of our Terms and policies include your acceptance of all of our rules governing Privacy, Pricing, Storage, Liability, etc. Any other Terms or policies that we publish are incorporated by reference into this document. From time to time, Stirit may update these Terms by updating them on its website located at
www.stiritstorage.com. Stirit undertakes no other obligation to notify you of any changes or updates to these Terms. Your continued use of Stirit’s services or websites, apps or other uses indicates your acceptance of any new terms.
You must be at least 18 years of age to use Stirit
In order to be eligible to use the Stirit Storage service, you must be at least 18 years of age. You must be the sole owner of any property you store with Stirit. You may not store items for others. No exceptions.
MILITARY SERVICE STATUS
It’s very important that we have a record if you are in the Military, because there are special procedures applicable to storage for active duty service personnel. Here, “Military” means (i) a member of the US Army, US Navy, US Air Force, US Marine Corps, or US Coast Guard who is on active duty status (including reservists who are called on active duty) or who is absent from duty as a result of being wounded or being granted leave, (ii) a member of the National Guard who has received a specific type of activation orders, or (iii) an active service commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration.
If you are in the Military, you must immediately notify Stirit of changes in your Military status or assignment resulting in changes to your email address, mailing address, phone number or other contact information you previously provided to Stirit. If you are not currently in the Military, but become a member of the Military after executing this Agreement, you must notify Stirit in writing within thirty (30) days of becoming a member of the Military and provide your new/updated contact information. Of course, we do not expect you to provide us with information about confidential or classified field locations.
Storage, Pick Ups, and Deliveries
Stirit solely determines its pick-up and delivery schedules. Stirit may also maintain multiple storage facilities. Stirit may store your property at any one of its storage facilities. Stirit may also sub-lease storage space from third parties. Stirit may also store your property at any of those such facilities. Stirit’s normal operating hours may vary by service location and are set at Stirit’s sole discretion. Stirit determines its delivery pricing according to your location. You may request delivery of your stored items to locations other than their original “pick-up” location. However, Stirit reserves the right to require different delivery pricing based on delivery distance, location, time of day and other factors.
OUR WEBSITE AND APPLICATIONS
All content included on Stirit (and the software that runs it) is the property of Stirit or Stirit’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 including any trademarks, service marks, or logos. We reserve all our rights. You may not use (in any fashion, where use is interpreted as broadly as possible) content on Stirit without the express prior written consent of the respective owners.
We grant you a limited, nonexclusive, non-transferable, non-sublicensable right solely to display and view content on Stirit for personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.
THINGS YOU CAN’T DO TO/WITH STIRIT
You agree not to hack our systems, nor to use our systems or services for any other purpose other than the express purpose related to the storage of your items. Our systems should not be hacked, phished, or manipulated in any way by you. You agree not to attempt to breach our security or authentication measures, or generally try to bypass our security in any way.
You also agree not to scrape any information from our website, including any information about other customers and users of our websites, applications and other services.
You agree not to initiate or participate in any denial of service attacks on our websites or applications. You also agree not to initiate or participate in any activity that may cause excessive load on our web or mobile properties.
Stirit reserves the right to bar any such activity and take any action it deems appropriate with respect to removing you from use of its websites, applications or services.
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 Principles, or (ii) the items you store with us.
Stirit may terminate your Stirit 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 delivery of your items back to you at our expense.
If we terminate your account for cause (such as violation of our Terms, Storage Rules, or Privacy Principles), we will notify you of the termination, and you will have 30 days to arrange for transport of your items at your cost via Stirit, subject to our Standard Pricing.
If you have placed specific items in Stirit in violation of our Terms (including our Storage Rules) that may contaminate other items, or in any way pose a risk to human health, Stirit reserves the right to dispose of those items with no compensation owed to you. Where feasible, Stirit 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 Stirit or the property of other customers of Stirit, we may terminate your account immediately and return Your Stuff to you at your expense, including potentially placing Your Stuff in quarantine at your cost.
CANCELLING YOUR ACCOUNT
You can begin the process of closing your account at any time by contacting Stirit support. (Any fees for delivery or a Minimum Commitment will still apply). You must arrange for and pay the costs (as set out in this Agreement) of getting Your Stuff back to you. (Our facilities are not publicly accessible, so you can’t just come down and pick stuff up.) You must continue to pay us your full storage charge each month until all of Your Stuff has been returned to you.
YOUR RESPONSIBILITIES, OUR RIGHTS, AND LIMITATIONS ON LIABILITY
We have rules about what you may or may not store with us. 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. Stirit may refuse to store any Bin at the sole discretion of Stirit, even if that Bin is not expressly forbidden by the Storage Rules.
While not prohibited, we strongly advise that you should not place into a Bin 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. Basically, do not put anything into the Bin that contains information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. By executing this Agreement, you understand and agree that if you go ahead and store official documents or items containing personally identifiable information in a Bin, to the fullest extent permitted by law, you waive all rights and claims against Stirit arising in any way from storing these things with us.
Our Storage Rules specifically mention the storage of fragile items. Regardless of how well you pack a Bin, it will be moved around. It might be jostled at times. As such, you should not store fragile items in the Bin. However, we will not consider the storage of fragile items to be a breach of this agreement, but only if you understand and agree that if you go ahead and store fragile items in a Bin, you waive all rights and claims against Stirit should your fragile stuff break or other be damaged.
WHAT ITEMS ARE PROHIBITED?
The safety of our employees, our customers, and all of their belongings always comes first. The following items (“Prohibited Items”) are banned from being stored in Stirit Storage:
- All firearms.Anything primarily used as a weapon
- Anything that’s illegal,such as drugs, drug paraphernalia, stolen property, and anything else that you can get arrested for possessing
- Anything that contains liquids and/or could ooze or leak.This includes things like shampoo bottles, paint cans, and cleaning sprays
- Anything explosive or combustible,such as ammunition, explosives, fireworks, and other flammables like gas, oil, kerosene, paint, and lighter fluid
- Anything that is or was alive.This includes things like house plants, fruit, meats, cheeses, animals, insects, fungal or bacterial cultures, etc.
- Anything that is (or was) edible.This includes any perishable and non-perishable food items.
- Anything that smells,including anything that may attract insects or vermin as well as all hazardous items, toxic materials, items that produce gas or odors, and items that may increase in size or burst
- Anything that cannot safely fit through the exit or entrance to the customer’s dwelling
- Anything that has not been adequately prepared or packaged for storage, such as:
- Items packed in garbage bags, laundry bags, or milk crates
- Outdoor grills, ovens and stoves that have not followed the prescribed prep process.
- Appliances that have not been disconnected and/or drained
- Commercial copiers or printers that have not had the toner removed
- Anything that requires specialized tools, equipment, and expertise to handle and store safely, such as:
- Upright and grand pianos (does not apply to digital keyboards)
- Grandfather clocks and other large mechanical clocks with precision movements
- Pool tables
- Commercial display cases
- Commercial refrigerators and stoves
- Mechanical beds (unless fully disassembled before pickup)
- Universal workout machines
- Generally, anything that might get outside of your box or bin and harm others, our customers’ and company’s property, or our storage facility
What happens if we discover prohibited items in storage:
Storage of any Prohibited Items may result in additional fees and penalties, including and up to termination of your entire Stirit Storage account. Prohibited Items that we discover will be quarantined and, at our sole discretion, either disposed of or returned to you, at your cost.
If you have any questions about our Storage Rules, please contact Customer Support before your pickup appointment.
FRAGILE ITEMS POLICY:
Fragile items are not eligible for the coverage provided under our paid protection plans. Our Basic Protection Plan covers damages at 60 cents per pound. Stirit Storage has no liability for certain types of damage that are defined below.
Some items need extra care during transportation and storage. Accordingly, we have policies that govern our storage of items that could reasonably be called “fragile” (“Fragile Items”). We have guidelines for what constitutes a Fragile Item, but the guidelines below are not a complete list of all Fragile Items. These policies affect your ability to store certain items and our liability under our protection plans for damages to Fragile Items.
Please avoid storing Fragile Items in Stirit Storage. If you choose to store Fragile Items, please pack your items carefully so that they’re not damaged during transportation or in storage. We recommend padding your items and the inside of our bins or boxes with packing materials such as bubble wrap and packing paper. We reserve the right to refuse to accept any Item that appears insufficiently sturdy or too poorly packed for transit or storage, or we may require that you purchase Supplies and/or elect to use our Packing Services before we will store your Item.
Furniture that incorporates glass (in a tabletop or anywhere else) must be disassembled so that any glass pieces can be adequately protected. Stirit Storage reserves the right to refuse to store any glass items that cannot be adequately protected.
Many common household items are Fragile Items. You already know which ones those are, but for the avoidance of any doubt, common fragile items include without limitation all glassware, dishes, ceramics, pottery, ornaments, and crystal.
We consider all electronics to be Fragile Items, including without limitation TVs, computers, tablets, phones, printers, hard drives, and stereos, unless these items are packed by our team in a specialized box.
We are not liable for internal derangement. In addition to electronics, the internal workings of musical instruments, appliances, and mechanical devices are also fragile. Since we are not able to certify the condition and internal functionality of electronics, musical instruments, appliances, or mechanical devices before we store them, we are not liable for any mechanical or electrical derangement, defect, or internal damage that may occur.
Particleboard is made from small particles of wood, such as sawdust and wood chips, which are glued and pressed together to form a sheet. Particleboard is weaker than other furniture materials, like plywood or solid wood. Particleboard items are unable to packed securely for commercial transport unless completely disassembled and repackaged. For these reasons we consider all particleboard items Fragile Items. Many particleboard items are covered by a wood veneer, and we may not be able to identify all particleboard furniture as such.
Some materials possess an inherent vice that causes them to corrode or degrade over time or makes them susceptible to damage from atmospheric changes in temperature and humidity. Items containing these materials are considered Fragile Items. We disclaim all liability for damage arising from the inherent vice of materials and from changes in temperature and humidity, including without limitation the growth of mold and mildew.
ITEMS THAT REQUIRE A FRAGILE ITEM WAIVER:
The Fragile Item Policy above applies whether or not you or a Stirit Storage employee identifies an item as fragile when it is being picked up.
However, for certain items, the likelihood of damage during transportation and storage is especially high, in spite of the precautions we take to keep your items safe. For the purpose of clear communications and setting the right expectations, we may only store certain Fragile Items after you explicitly agree to waive all of Stirit Storage’s liability for potential damages by signing a specific waiver. You must agree to this waiver, understanding that in the event of damage to the item while in the care of Stirit Storage, you will not be entitled to any compensation through our claims process.
We require waivers for the following items, and may require waivers for other Fragile Items that our team identifies, at their sole discretion:
- Guitars or any musical instruments that are not stored in a hard case
- Table games (e.g. pinball machines, foosball tables) and arcade cabinets
- Miscellaneous media (e.g. videotapes, video games)
- Loose electronic items that our team packs for you, including without limitation servers, oversized stereo receivers, speakers, and computers, but excluding TVs, lamps, and any items we sell specific boxes for
- Furniture with mirrors, other glass panels, or glass tops that cannot be disassembled
- Statues and other fragile large decor (less than 300 lbs)
- Large or fragile chandeliers (with glass elements)
- Neon signage
- Large Ikea wardrobes that are not disassembled
- Oil paintings, other oil-based artwork, or other artwork that is highly sensitive to changes in environment
If Stirit Storage chooses to store any of the items above without first requiring a signed waiver, the items are still Fragile Items, with the same limits to liability that are outlined above.
ITEMS THAT REQUIRE PROFESSIONAL CRATING:
In addition to the liability for damages, we care deeply about the safety of our employees. Some items pose a safety hazard unless they are packaged in a specific manner. You must have these items professionally crated before we arrive, or we will not be able to store them. At the discretion of our operations team, if there is no safety concern with handling the item, we can apply a Fragile Item Waiver to these items as an exception.
- Furniture items where any part is crafted from marble, granite, travertine, or other natural or manufactured stone
- Slabs of marble, granite, travertine, or other natural or manufactured stone
- Glass tabletops or mirrors larger than 5 feet in any dimension
- Items where any part is made from Lucite or any type of acrylic glass (Crylux, Plexiglas, Acrylite, Lucite, and Perspex)
- Any furniture items that are crafted entirely from glass
- Large framed artwork (40 inches x 60 inches and larger)
- TVs larger than 65 inches, unless in the manufacturer’s original box
VALUABLES AND SPECIAL ITEMS; ADDITIONAL CONSIDERATIONS
While not prohibited, we strongly advise that you should not store any “Valuable Documents”, including any currency, bonds, deeds, stock certificates, IOUs, securities, or stamps; any official personal documents (such as passports, driver’s 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 Valuable Documents or personally identifiable information. Basically, do not store anything that contains information that can be used to steal someone’s identity or a document that you may urgently need at a moment’s notice. By executing this Agreement, you understand and agree that if you go ahead and store Valuable Documents, to the fullest extent permitted by law, you waive all rights and claims against Stirit Storage arising in any way from storing these things with Your Stuff.
Items of Exceptional Value
The storage of “Items of Exceptional Value” is not recommended. Any item that has a replacement value greater than $100 per pound is considered an Item of Exceptional Value. Examples of such items include without limitation fine art, antique furniture, autographed or special-edition books or memorabilia, jewelry, furs, fine musical instruments, digital files, sentimental items, historical artifacts, and all unique or rare items that cannot be replaced or whose value substantially exceeds the cost of a similar new item. If you store these items in Stirit Storage, we strongly recommend that you take out an insurance policy from a third party to cover the full value of the items. Our liability for loss or damage to these items will be limited by your Protection Plan, and is likely to be much less than the value of the items to you. If you request Full Protection of an Item of Exceptional Value, your recovery will be limited to the actual replacement value (not collectors’ value or sentimental value) of the item (or an item of similar quality). Moreover, Stirit Storage reserves the right to determine (at our sole discretion) to refuse to store any item.
We strongly recommend that you make and retain copies of any digital files before storing them in Stirit Storage on hard drives, memory sticks, DVDs, or any other digital storage media. Stirit Storage is not responsible for the loss or corruption of digital files under any circumstances.
PACKING YOUR STUFF
You are responsible for safely and securely packing your items into each Bin (or otherwise protecting it with packing supplies and moving blankets). This includes packing your items so that they will not be damaged during transit and storage. You understand that the Bin will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up (or by sending us) a Bin, you represent and warrant that the Bin has been packed appropriately and is sturdy enough for transit and occasional movement. You agree that Stirit is not responsible for any damage caused by or arising from your failure to properly pack the Bin. We reserve the right to refuse to accept any Bin that appears insufficiently sturdy for transit or occasional movement.
Please do not overpack your Bins. We reserve the right to refuse to accept any Bin that we reasonably believe weighs more than 50 pounds, exclusive of the weight of the Bin itself. This weight restriction does not apply to furniture or other Bins that are designed to be moved by more than one person. This weight restriction does apply to bins provided by Stirit.
GETTING READY FOR PICKUP OF YOUR STUFF
Please make sure that your pickup will happen in a safe environment. Stirit’s employees can decline to complete a pickup if the location is unsafe. So for example: rickety staircases, rotting wood floors, contaminated apartments are all a no-go. You will not be charged a cancellation or rescheduling fee if the dangerous or unsafe 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. Stirit employees cannot remove doors from hinges or make other environmental alterations.
BEING PRESENT AT APPOINTMENTS
It is your responsibility to be home (or at the designated location of your appointment) or to otherwise make arrangements so that we can pick up Your Stuff when you request a Stirit appointment (in any form). Each time you (or your designee) give any Bin to Stirit, it confirms that you have agreed to these Terms. Fees for late appointment cancellations and no shows are defined in the Standard Pricing. Moreover, if you are based in a market where we delivery Bins through a third party shipping partner (e.g., UPS), our partner will make three (3) attempts to return your requested Bins. After the third failed attempt, the shipping partner will return Your Stuff to our warehouse, and if that happens, you understand and agree that we will pass on the actual amount the shipping partner charges Stirit for this inconvenience to you.
CHANGE OF ADDRESS
In the event your e-mail address 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 STUFF
As a standard practice we will take 3 photographs of your bins which will be stored in your “Virtual Closet”. These pictures will be 2 of the interior of your bin and the third of the label on the bin. Stirit does not intend on accessing any of your Bins after they are sealed. However, Stirit reserves the right to open and inspect any Bin in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under this Agreement. Should Stirit receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from the relevant Bin(es), allow your Bin(es) to be searched, and, if applicable, the contents to be seized. Should Stirit receive a subpoena, or a law officer or governmental agency requests documents or information about Your Stuff, you agree that we may provide such information or documents without incurring liability to you.
After picking up Your Stuff, we will store Your Stuff at a Stirit facility; however, you acknowledge and agree that at any time while you are storing Your Stuff with Stirit, we shall have the right, at our sole discretion, to move Your Stuff to another one of our facilities in the continental United States. Any decision by Stirit to move Your Stuff will not affect your financial obligations to us during the course of your time storing with Stirit.
TEMPERATURE & CLIMATE CONTROL
We will use commercially reasonable efforts to maintain the temperature of the facility in which your Bins are stored between 55°F and 90°F. Other than temperature, Your Stuff will not be stored in a climate-controlled environment. The air flow, moisture level, and heat will not be regulated. We will take all commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, because Your Stuff 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 court order or binding arbitration ruling, Stirit will not release any of Your Stuff to someone else that claims they own it. However, Stirit will not “take sides” in a property dispute. If anyone approaches Stirit directly with a claim that they are the true owner of some or all of Your Stuff, 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 Stuff must agree to indemnify Stirit 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 Stirit 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 their summary of their claim, along with a form for you to respond to dispute their claims. If you dispute the claims, Stirit 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. By executing this Agreement, you are agreeing that we can bill you for the costs (including internal staff costs) of returning the disputed property.
WHAT HAPPENS WHEN STUFF BREAKS
By executing this Agreement and using Stirit, you are agreeing that in the event that Your Stuff breaks or go missing, Stirit’s liability for each Bin will be limited to the amounts reflected in your Protection Plan.
If you store stuff in Stirit 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 Stirit 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). All storage plans include our Basic coverage ($0,60/pound with a max of $24 per bin) for free, or you can upgrade to one of our other monthly plans, ask our storage team to provide information on the extra coverage Insurance programs. But first, check out our storage rules to see what items qualify for coverage and our Terms of Service for more information about our protection plan.
In the unfortunate event that something breaks or goes missing, Stirit has a claims process. In the case of a damaged item, Stirit will work with you (and you have to help Stirit) 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 Stuff was in the care of a third-party like UPS). Once we’ve been able to assess on our end (or in conjunction with a third-party like UPS), we will notify you, and make arrangements to credit your account, refund you, or replace the item (depending on the circumstances).
In the case of a missing item, Stirit first undergoes an extensive search of our records to see if we can locate Your Stuff, and often will need your cooperation to do so. This process can take much longer if Your Stuff was shipped rather than locally delivered, and so our Customer Support Agents will be available to you to provide estimated timelines and status updates as our investigation progresses. If we cannot find Your Stuff, we will engage a similar process to what happens if Your Stuff breaks or is damaged.
For claims under our Protection Plans , please contact us within five days of delivery of the item(s).
LIMITATION OF STIRIT’S LIABILITY; INDEMNITY
To the fullest extent permitted by law, Stirit 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, Stirit’s and/or its agent’s active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Stirit’s fault. Further, Stirit will have no liability to you for damages caused by an act of god, including a hurricane.
INSURANCE; SOLE RECOURSE
When Stirit’s employees or agents are in your home, office, or other location packing or picking up Your Stuff, Stirit agrees that you will be considered an “additional insured” under Stirit’s insurance. You agree that Stirit will have no additional liability to you for any reason (other than gross negligence or intentional misconduct) arising out of the activities or omissions of its employees or agents. You understand that your sole recourse for any such damage or loss incurred during a packing or pickup will be to seek coverage as an additional insured. In addition, upon a written request from you, Stirit agrees that your landlord (or other entity with a property interest in the location where we pick up Your Stuff) will be an additional insured under our insurance. Stirit can confirm insurance coverage upon request to a Customer Support Agent.
STIRIT’S LIABILITY FOR A WRONGFUL SALE
Our relationship is one of owner and occupant.
If, as a result of your actions or inaction, Stirit believes it is entitled to enforces its lien on Your Stuff and does so, Stirit’s liability for wrongful sale as a result of enforcing that lien is limited to the same limits as would apply if Your Stuff had broken or gone missing.
To the fullest extent permitted by law, you shall indemnify and hold Stirit and its agents harmless from any loss incurred by Stirit and its agents in any way arising out of Your Stuff and your use of Stirit.
We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limit of Stirit’s liability (or when Stirit is not liable) is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in Stirit, and if you do not do so, you understand that Stirit will not be liable beyond the amounts and conditions in these Terms.
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 STIRIT, 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 ITEMS DAMAGED OR LOST, CAPPED AT OUR PER-BIN 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 Stirit. Monthly rent must be paid in advance and begins on the day you sign up for our service, 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
that apply to the plan(s) you select, plus any applicable sales and other taxes imposed by any taxing authority. All Stirit’s plans are automatically billed to the credit card provided to us for the initial purchase on a recurring monthly basis.
Your monthly “Billing Cycle” is based on the date we (or a third party partner like UPS) pick up your things. So for example, if we pick up Your Stuff 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.
Stirit’s pricing is based in part on how long you are willing to commit to store Your Stuff. So each Storage Plan in our Standard Pricing has a Minimum Commitment. When you sign up (or switch to) a Storage Plan with a Minimum Commitment, you are agreeing to pay the rent for that Plan for the duration of the Minimum Commitment. Rent is non-refundable. Or stated in a lawyerly way: Under no circumstance will you be entitled to a refund of a Storage Plan’s Minimum Commitment, which will be paid in monthly installments. Even if you get Your Stuff delivered before your minimum commitment is up, your monthly rent will not go down, and you agree to pay Stirit for the remainder of your Minimum Commitment.
If you upgrade to a larger Storage Plan before your Minimum Commitment is up, the Minimum Commitment of your new plan will be reduced by duration prior to your upgrade.
The monthly rent, amounts and type of other fees and/or charges, may be adjusted by Stirit effective the month following notice by Stirit 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.
The previous section does not apply to members that are still on our legacy per-Bin storage plans, and instead, this section (“Term and Rent”) is replaced by Legacy Storage Terms.
Stirit, 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 for all one-time and recurring charges: 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. If you end up late on your payments (☹), we may accept a partial payment of the rent or other outstanding fee. However, our acceptance of a partial payment does not make up for you being late (legally it 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 Bins from any failure to pay (“default”) under this Agreement. Remember: You will not be able to access your Bins 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 the Bin if you fail to pay rent by the due date.
STIRIT’S LIEN; DEFAULT
STIRIT HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU IN THE BIN 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. STIRIT MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU IN THE BIN AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. STIRIT WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE.
The following provisions, contained in this COVID-19 Addendum, apply to those situations wherein we are storing personal property belonging to you, picked up from your dormitory at Nova Southeastern University (“NSU”). You acknowledge that the extraordinary circumstances arising, due to the Covid-19 pandemic, necessitate our pickup of such personal property, with you not being present at the time such personal property is picked up, and that Stirit and you are unable to mutually review and inspect such personal property to be stored by Stirit, which is our usual protocol.
As a result, there is a risk, wherein you may claim personal property was present in your dormitory, at time one of our representatives arrived there, which personal property was not, thereafter, stored by us. You acknowledge that, while we are taking extraordinary measures to minimize such risk, it is necessary for us to eliminate the risk, due to such extraordinary circumstances.
Consistent with the foregoing, you agree to fully and forever discharge and release Stirit, together with our members, shareholders, managers, directors, officers, employees and agents (collectively a “Released Party”) from and against any and all claims you may have or hereinafter have for losses, damages, liabilities, expenses and/or causes of action, now known or hereafter known in any jurisdiction, attributable to or relating in any manner to Stirit’s storage of personal property belonging to you.
There is additional risk for Stirit, in those circumstances wherein you share your dormitory with a roommate and, as such, personal property belonging to each of you are contained in such dormitory. In such circumstances, there is a risk that we will inadvertently store personal property belonging to such roommate, in addition to personal property belonging to you. In light of the extraordinary measures we have and will be taking, some of which are set forth in the Welcome Letter to NSU students we, once again, need to eliminate any risk to us resulting from such possible occurrence.
In the event and to the extent you have a roommate in your dormitory (“roomate”) and, as result, there is personal property belonging to the roommate and yourself located at such dormitory, to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, claims, suits, demands, losses, damages, penalties and expenses, including but not limited to injury to all persons or damage to property, as well as all reasonable attorney’s fees, costs and expenses arising out of, resulting from or related to the storage services provided by Stirit, or any portion thereof, including, without limitation, the pickup, transportation, delivery and storage of personal property, performed by any individual employed or individual contracted by Stirit, directly or indirectly, as same may pertain to personal property of the roommate, regardless of whether such loss or damage arises from a willful or negligent act or omission of the individual employee or contracted by Stirit, directly or indirectly.
In the event of any inconsistencies between the provisions contained in this COVID-19 Addendum and the provisions contained in the terms of service, the terms contained in this COVID-19 Addendum shall be controlling.
You understand that by using Stirit you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Principles, 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 Zones, Protection Plans, and our Privacy Principles immediately with no notice if the changes expand Stirit’s obligations, if the changes govern new services being initially offered by Stirit, or if the changes reduce your obligations to Stirit.
Otherwise, we may modify, adjust, or change our Storage Rules, these Terms, our Standard Pricing, our Service Zones, Protection Plans, and our Privacy Principles at any time upon 30 days notice to you. The change will become effective the month following the notice. If we do change, adjust or modify our Storage Rules, these Terms or our Privacy Principles, we will send you a notice by email, postal mail, or SMS. It is your obligation to review the notice. Your continued use of Stirit 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 Stirit 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 Stirit’s prior written consent. Stirit 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 Florida, without giving effect to its conflict of laws 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 Broward County, State of Florida, 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.
For all relief other than equitable or injunctive relief, any dispute arising with respect to your use of Stirit shall be settled by arbitration in accordance with the rules and procedures of JAMS arbitration and mediation service.
The arbitrator shall be selected by joint Agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Fort Lauderdale, Florida, using the English language.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 the party requesting relief may elect non-appearance-based arbitration with JAMS. In such event, the arbitration shall be conducted by telephone or by videoconference; the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties; and any judgment on the award rendered by the arbitrator must be entered in a court of competent jurisdiction located in the State of Florida.
This clause is a very important part of this Agreement. By executing this Agreement, you agree to the arbitration requirement. 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 Stirit, 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 Principles, Standard Pricing, Protection Plans, and Service Zones 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 Stirit 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.