(Effective as of January 1, 2023)
This is a contract between you and Blue Crates. You must read and agree to these Terms before using the Site or Service. If you do not agree to these Terms, you may not use the Service. You may use the Site or Service only if you can form a binding contract with Blue Crates, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You must be at least 18 years old to use the Site and Services. By using or accessing the Site and Services, you represent and warrant that you are 18 years of age or older. Any use or access of the Site or Services by anyone under 18 is strictly prohibited and in violation of these Terms.
All content included on Blue Crates (and the software that runs it) is the property of Blue Crates or Blue Crates licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect all Blue Crates and Blue Crates affiliated content.
We own or license all content on our website (everything) including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not use (in any fashion, where use is interpreted as broadly as possible) content on the Site without the express prior written consent of the respective owners.
You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by the features of the Site. Blue Crates may terminate this license at any time for any reason or no reason.
You may never use another User’s Blue Crates Account without permission. When creating your Blue Crates Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Blue Crates Account, and you must keep your account password secure. You must notify Blue Crates immediately of any breach of security or unauthorized use of your Blue Crates Account. Blue Crates will not be liable for any losses caused by any unauthorized use of your Blue Crates Account.
The Blue Crates Student Vault Membership is a compulsory purchase when registering for Blue Crates Student Vault storage - you cannot have items picked up or delivered to a partnered university or college campus without purchasing a Blue Crates Student Vault Membership. The Membership will take effect upon completion of account creation and be active for 12 months from date of purchase.
By providing Blue Crates with your email address, you are consenting to Blue Crates sending you Site and Service-related notices, including any notices required by law, in lieu of communication by postal mail.
We may also use your email address to send you other messages, such as changes to features of the Site or Services, marketing content, and special offers. If you do not want to receive such email messages, you may opt-out. Opting out may prevent you from receiving email messages regarding service updates, improvements, or offers.
Account sharing refers to the use of a single Blue Crates account by multiple individuals. The Account Owner is the individual who created and paid for the account. The Account Owner is responsible for managing all communications and payments on behalf of the account. All items in a shared account must be staged for pick up in the room of the Account Owner. All labels provided by Blue Crates will be made out to the Account Owner. Customer Items in a shared account will be delivered to the account owner’s delivery address. Blue Crates will not make multiple deliveries for a shared account, i.e. all items will be returned to the delivery address of the Account Owner.
Blue Crates grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices, but not caches or archives, of such materials.
You agree you won't try to hack our systems, like by trying to gain unauthorized access to any part of Blue Crates, or to any other systems or networks connected to Blue Crates or to any Blue Crates server. This includes hacking, phishing, cracking, or any other illegitimate means. You agree you won't try to scan or test the vulnerability of Blue Crates, try to breach our security or authentication measures, or generally try to bypass our security. You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanisms to obtain information on any other user of or visitor to Blue Crates.
Blue Crates will not pick up, deliver, or return Customer Items at or to an address that is outside our then-current delivery zone (a “Delivery Zone”), unless we otherwise agree to do so in writing. To determine whether a zip code is within a Delivery Zone, you may input a zip code into Bluecrates.com and review the results.
Times given for pickup, delivery, collection, packing, and returns are only estimates and Blue Crates shall not be liable for any items not delivered on or before the stated last bulk delivery date. Blue Crates may, in its sole discretion, refuse, cancel, postpone, or otherwise reschedule any Services, including pick up, delivery, packing, collection, or return of Customer Items, for any reason or no reason, including, without limitation: unsafe travel or weather conditions; unsafe onsite conditions; harassing, rude, or threatening conduct by Users, whether actual or perceived; limited, no, or obstructed access to the Pickup Address or Delivery Address; exposure to or evidence of insect, rodent, or mold activity or infestation; complications due to a User being evicted from a Pickup Address or Delivery Address; Department of Transportation or state or international tariff regulations; labor shortage; unexpected logistical challenges; prior or current unpaid account balances or incomplete documentation; or any other reason.
Blue Crates may use subcontractors and/or other third parties to help perform or support the Services, including without limitation, pick-ups, returns, deliveries, transportation, packing, inventory management, palletizing, photographing, customer service, communications, and other logistics with respect to the Services or Customer Items.
Blue Crates does not intend to access any of your items after they are sealed. However, Blue Crates reserves the right to open and inspect any item in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under this Agreement. Should Blue Crates receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from the relevant Item(s), allow your Item(s) to be searched, and, if applicable, the contents to be seized. Should Blue Crates receive a subpoena, or a law officer or governmental agency requests documents or information about User Property, you agree that we may provide such information or documents without incurring liability to you.
Blue Crates will only be held responsible for your items after the date of pickup of verified items that have been signed off on customer's (Item Count Declaration) prior to pickup. Blue Cartes will not be held responsible for any deviations greater than the number of items highlighted on the any Item Count Declaration form. In the event of an item count discrepancy fewer than the items registered on a customer's Item Count Declaration form, Blue Cartes will only be held responsible for items that are clearly photographed before time of pickup with a photo of the item, complete with a signature and date visible in the photo of said item/s.
The following are a few basic rules that must be followed in order for you to use your Student Vault™:
In the event your email address, residence address, mailing address, billing address, phone number, Pickup Address, and/or Delivery Address changes, you must update Blue Crates within a reasonable time to conduct appropriate business. We are not responsible for any service disruptions due to lack of valid contact information or improper notification for Service change requests resulting in additional fees associated with but not limited to delivery charges, administrative fees, etc.
You represent and warrant that you own the Customer Items or that you otherwise have the right and authority to transport, store, move, and/or subject the Customer Items to the Services in accordance with these Terms. All Customer Items are handled, transported, and/or stored by Blue Crates or its subcontractors upon the express representation and warranty by you or your authorized representative(s) have the requisite legal possession of and that no other person or entity has an interest in the Customer Items. In the case of an ownership dispute, determination, or proceeding regarding the Customer Items, you are solely responsible for any fees and/or payments due and owed to Blue Crates in connection with the continuation or termination of the Services. If Blue Crates, in its sole discretion, is required to commence an interpleader action to settle any claims of conflicting ownership or is made a party to any litigation or dispute in connection with the breach of this section, you agree to pay Blue Crates all reasonable and necessary costs, expenses, and attorneys’ fees that Blue Crates may be liable or compelled to pay in connection with such litigation or dispute.
It is your responsibility to inform Blue Crates of the number of items that you intend to store at the time that you sign an Item Count Declaration Form. This declaration extends to notifying Blue Crates of any weight limit or size deviations from the standards that are provided in these Terms.
Blue Crates will verify, using the Item Count Declaration Form, the number of items that you intend to store during label distribution and provide additional labels as needed for any items that had not yet been declared in your Blue Crates account. Blue Crates is not responsible for any items that are not signed for during item declaration.
You are responsible for packing your items in a manner that ensures that they can be transported and stored without damage. You understand that your items will be moved from time to time in connection with deliveries or as may be needed for storage and sorting. By having us pick up your items, you represent and warrant that your items have been packed appropriately.
You agree that Blue Crates is not responsible for any damage caused by or arising from your failure to properly pack your items in the below listed and approved storage vessels:
Blue Crates approves the use of the following storage vessels to store items:
Item-specific covers (golf bag, tennis racket cover, etc.)
Original boxes or item-specific case
Zippered bedding bags
Footlockers and trunks
We reserve the right to refuse to accept any items listed below:
Unapproved storage containers or items that Blue Crates may refuse at its discretion:
Plastic or particle board storage drawer systems and shelving (un-emptied)
Storage carts (un-emptied)
Loose Items (items not within an approved storage container)
Laundry hampers that cannot be sealed
All storage containers must be in good condition at pickup. If Blue Crates staff notice significant damage (large holes/cracks, no lid, broken handles, etc.) to a storage container during pickup, Blue Crates staff may decline to store the item. Blue Crates staff have the final say on if a storage container is appropriate and conforms to all packing and container standards as highlighted above.
All Mini fridges and microwaves must be emptied, drained (mini-fridges), unplugged, and cleaned prior to pickup.
Both mini-fridges and microwaves are not to be used as a storage container. In the event that you use your microwave or mini fridge as a storage vessel or fail to clean either out prior to pickup you will be fined.
Each Customer Item must not weigh more than 50 lbs with the exception of mini-fridges. Any item weighing in excess of 50 lbs will be charged an additional fee.
You may not store any of the following items with Blue Crates and any damage or loss resulting from the storage of said items, Blue Crates will not be held responsible:
• Living things
• Perishable items (such as food and drinks)
• Liquids, gels, and pastes
• Flammables of any kind (gas, diesel, kerosene, oil, paint, etc.)
• Drugs, including prescription and over-the-counter medications, or paraphernalia
• Stolen items
• Illegal items
• Hazardous items of any kind.
• Hazardous or toxic waste material of any kind
• Used tires
• Valuables, including but not limited to cash, credit or debit cards, and items of significant monetary or sentimental value
• Items that produce odors of any kind; or
• Any item which does (or may) detrimentally affect anything that is outside of your crate (such as the crates of other users, the storage facility, etc)
Mattress toppers cannot be stored under any circumstances. All mattress toppers left by Customers to be stored will be left behind.
Blue Crates will store certain items that are too big to fit in an approved storage container. A list of insurable and uninsurable but storable items can be found below.
Blue Crates will store and insure the following items:
Furniture (by special request only)
Mini-fridges and microwaves
Due to the fragile nature and improper packaging for some items, Blue Crates will store the following Customer Items but will not be responsible for damages to the following items:
Instruments without a case
Unboxed Tower fans/air purifiers
Particle board furniture
These are the only items that Blue Crates will accept outside of an approved container. Any item that you intended to store outside of the above lists must be pre-approved by a Blue Crates representative.
As a Student Vault™ Member, any student wishing to extend their storage past the 1st month will be able to do so at the discounted rate of $10/per item. Additional delivery fees will apply outside of bulk delivery dates.
All items stored with Blue Cartes as part of your Student Vault™ must be labeled. To identify your items to be stored, you must use Blue Crates-provided identification labels as the sole means of identification.
Labels will be distributed on campus prior to finals week at centralized Blue Crates staffed locations. You must pick up your labels and sign an Item Count Declaration Form during a label distribution event. Label distribution will be the last opportunity to update your item count and receive approved Blue Crates labels. Customers who do not pick up labels during label distribution will not be permitted to store their items and will not receive a refund for their storage package.
Label distribution event times and locations will be communicated to you in advance to label distribution.
Labels are Customer-specific and cannot be transferred or redistributed to other Customers. Transferring, selling, or redistributing labels by any method is a violation of these Terms which will result in fees. Blue Crates will not pick up or store any item that is labeled using another Customer’s label.
Blue Crates will not accept any items that are labeled by any method other than that of a Blue Crates-provided label and will not accept items for storage labeled by the Customer using handwritten or imitation labels. Any items that do not have your specific Blue Crates distributed label will be considered unlabeled and will not be picked up or stored by Blue Crates. All items left in your room due to improper labeling will be left at your expense and Blue Crates will not be held responsible for the item(s).
In preparation for the pick up of your items, you are solely responsible for having your items clearly labeled and grouped together in the center of your dorm room. Blue Crates will not be held responsible or take custody of items that are not clearly identified for storage with your Blue Crates distributed label and/or not in the center of your room. Blue Crates will not open closets, cabinets, drawers, doors other than the entry door, or look under beds to find items for storage.
You are expected to upload a photograph of your staged items to your Blue Crates account prior to Blue Crates picking up your items. This photograph should demonstrate that all your items were placed in the center of your room for Blue Crates pick up. All staged items must be clearly visible in the photograph, if all items are not able to fit in one image, you are able to upload multiple photos to your account. All photographs must have a physical timestamp (i.e. white board, paper sign, etc.) clearly displaying the date, time, Customer’s name, and address. While you are not required to take photographs, we highly encourage you to do so, as you will be required to provide photo evidence of item condition prior to pickup for any damage claims.
You are solely responsible for preparing for the pickup of your items by following the packing guidelines as highlighted within this agreement concerning, Your Items, Safe Packing, Packing Guidelines, Mini Fridges and microwaves, Weight Limits, Prohibited Items, Mattress Toppers, Large Item Storage, Labels and Identification, Pickup Staging, and Staging Documentation.
Blue Crates includes round-trip delivery of your items in the price of your Student Vault™ to any residence hall, apartment, or other dwelling owned and/or operated by the partnered institution. The round-trip delivery consists of item pick up from your designated on-campus dwelling and delivery to your updated on-campus dwelling at the selected storage term (See Custom Deliveries if you intend to move off campus or plan to not return to the partnered institution).These deliveries consist of a pickup of your packed items at the beginning of the storage term and a final delivery at the end of the storage term and are limited to locations owned and/or controlled by the partnered institution. All other deliveries are carried out at your expense unless otherwise highlighted.
All final returns are not due to the User until the last day of the final return delivery schedule, as determined by Blue Crates and the partnered institution. Blue Crates will not be held responsible, nor will it consider items due, until the final date of the delivery window.
Blue Crates Student Vault™ Membership includes one roundtrip pickup and delivery cycle for your items. The roundtrip delivery package is exclusive to bulk delivery dates and requests for pick up and/or delivery outside of bulk delivery dates will be charged market rate delivery.
Blue Crates utilizes bulk deliveries to accommodate a large number of student deliveries at once. This allows Blue Crates to offer complimentary delivery periods that are designed to match up with popular storage times such as summer, spring term, Winter Break, and other times where there is a larger need for student storage. Blue Crates reserves the right to set these times and parameters. Bulk delivery ONLY applies to on-campus addresses.
A custom delivery is any delivery that does not conform with the predetermined delivery schedule which has been decided upon by Blue Crates and the partnered institution. Blue Crates will provide delivery services to Users who will not be returning to a residence hall, apartment, or other dwelling owned and/or operated by the partnered institution. Custom deliveries also include shipping to addresses outside of Blue Crates’s delivery zone, early returns, and short-term storage costs. Deadlines and applicable processes can be reviewed in the FAQ section of the Site.
You are responsible for scheduling and being present to receive any delivery made to an off-campus address. Custom deliveries are charged additional fees based on shipping, delivery, and handling costs. Fees for custom deliveries are outlined in the Fines and Fees Schedule included in this contract.
Blue Crates offers shipping services for customers who need to have their items shipped domestically or internationally. Any delivery request made for an address outside of Blue Crates’s delivery zone will be subject to our shipping policies. You are responsible for all handling and shipping charges.
You must purchase a Blue Crates Student Vault Membership before submitting a Shipping Form. Items shipped to Blue Crates must arrive at least one (1) month prior to the start of your college’s or university’s term start date. Any included months that are not used as a result of shipping your items to Blue Crates can be utilized at any point during your 12-month membership period. All shipments will be charged a $100 handling and delivery fee.
Blue Crates is able to ship your items from a Blue Crates facility anywhere in the world. To do so you will need to fill out one of our Shipping Forms to process your request. All shipments incur a non-refundable shipping and handling fee of $100. Blue Crates will provide you with an estimate prior to shipping your items for your approval. If you decline to have your items shipped, your items will be returned to a Blue Crates facility for continued storage until such a time that you are able to schedule a new delivery or shipping date. All shipping costs are at the customer's expense which will be charged at the time of your approval. Blue Crates may utilize a number of third-party shipping services to fulfill your request.
By using the Blue Crates Student Vault™, or other paid services or products provided by Blue Crates, you agree to our pricing and payment terms, as we may update them from time to time. Blue Crates may add new Services for additional fees and charges, or amend fees and charges for existing Services, at any time, in its sole discretion. Blue Crates may also charge certain late, rush, and cancellation fees, in its sole discretion. Upon any such changes to fees and charges, we will notify you that such changes have been made via email and/or your Blue Crates Account. We may, from time to time and in our sole discretion, offer certain discounts, promotional offers, or referral codes (“Promotions”) in connection with our Services. You agree that Promotions are offered subject to our right to manage, regulate, control, modify, revoke, and/or eliminate the Promotions as Blue Crates sees fit, in its sole discretion, for any reason or no reason, in any general or specific case, and that Blue Crates will have no liability to you based on its exercise of such right.
In order to receive Services, you must provide Blue Crates with a current, valid, accepted method of payment (as updated from time to time, “Payment Method”). All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site, your Blue Crates Account, or the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other accepted payment method used in connection with a purchase or transaction or other monetary transaction interaction with Blue Crates at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions. In the event of insufficient funds or declined payments, we will make repeated attempts to charge the Payment Method. At our discretion, we may charge the Payment Method with a reasonable hold amount or non-refundable deposit in advance of any appointments booked through your Blue Crates Account. Any amounts not paid within five (5) days when due may be subject to late fees.
In the event that Blue Crates suspends or terminates your Blue Crates Account or the Services for your breach of these Terms, you understand and agree that you shall receive no refund or exchange for any unused Services, any license or subscription fees for any portion of the Site or Services, any content or data associated with your account, or for anything else, and that Blue Crates may be unable to complete any outstanding orders or appointments until the suspension is lifted.
Further, you acknowledge and agree that Blue Crates Student Vault™ may be paid in full upon sign-up, but may also be paid via a recurring/subscription basis (“Subscription Services” or “Installment Payments”). If you enroll in any Subscription Services or Installment Services, you agree to a recurring/installment payment program, which will continue for the agreed-upon subscription/installment period or minimum storage term, if applicable, and automatically renew for additional subsequent periods unless and until you cancel the Subscription/Installment Services or Blue Crates suspends, discontinues, or terminates them. Blue Crates may offer a number of subscription/installment plans for services with different conditions and limitations. Any materially different pricing or payment terms will be disclosed on the Site, in your Blue Crates Account, and/or in other communications made to you. For Subscription/Installment Services, we will automatically charge the payment method associated with your Blue Crates Account on a recurring/installment basis, depending on the subscription term you choose. For Student Vault Service, day one of your billing cycle is the date you Sign up for service and continue through the end of term.
Upon the end of this term, Blue Crates will continue to bill on a monthly basis as part of a subscription service plan in accordance with Blue Crates Storage Service Agreement as a “Retail Account” for all accounts that elect to continue to store with Blue Crates after campus bulk deliveries have been completed. You acknowledge that the amount billed may vary due to promotional offers, changes in your subscription plan, and/or changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.
You hereby authorize Blue Crates to bill the subscription/installment fee to your Payment Method, along with any applicable taxes or additional fees due during the billing period. You must cancel your Student Vault™ prior to initial pickup of your items. Failure to do so will result in full payment of the entire term without refund of one time fee or Installment amount.
We, or a third-party payment processor working on our behalf, will charge your on-file credit card, Apple Pay, Google Pay, or PayPal account.
In the event of a missed payment on your account, we will charge a $10 late fee if payment is not received within 5 days of the due date. If after 10 days we have not received your payment in full you will be charged 9% interest compounded daily until full payment is made. If after 30 days, you still have not settled up, then we will take ownership of your belongings and interest will continue to accrue at the aforementioned rate. We will continue to hold on to your items for up to 90 days, during which time you can re-establish good standing with your account by paying the total amount due. After 90 days, Blue Crates shall, in their sole discretion and option, decide to keep or discard stored items. In the event you fail to make payment within the first 5 days of your account's due date, any and all past or present discounts, deals, promotions, coupons, etc. will be automatically voided. Any amounts due as a result will be automatically billed to your account.
Please contact Blue Crates to discuss any disputes regarding payment. In the event of a disputed charge, we may provide refunds on a case-by-case basis.
In the event that you incur a penalty due to a violation of these Terms or upon requesting additional services, Blue Crates may charge your preferred payment method without providing prior notice. All fines and fees must be paid before Blue Crates will deliver your items during the fall return. In the event that fines and fees are not paid prior to your scheduled delivery, Blue Crates will delay the delivery of your items until the balance is paid in full. Additionally, Blue Crates reserves the right to schedule a new delivery date and time to return your items. Delays caused by unpaid fines and fees will incur additional delivery charges, as appropriate to the operations of normal Blue Crates delivery services.
Fines and Fees Schedule
Storage containers over 50 lbs- $85 per occurrence
Improper Container Closure - $85 per occurrence
Dirty or Packed Mini-fridge Interior - $100
Dirty Microwave - $50
Short-Term Storage* - Early Return Processing Fee + market rate delivery
Early Return Processing Fee - $150
45-Day Moving Fee - $300 + market rate delivery.
Must be a Student Vault Member + Processing and Delivery Fee $100
Market rate shipping (FedEx) + $100 Processing Fee
Repacking Fee: $100 per occurrence
Off-campus Delivery - Starting at $150
Any additional fees will be charged upon final delivery of your items.
*Early Return and/or non-pre approved off-campus delivery
If a custom delivery request falls within the first 45 days of storage, a 45-Day Return fee and market rate delivery charges will apply.
Short-term storage is any return made between the 45-day return period and our bulk delivery dates (See date and deadlines for more information). That has not already been identified as an off-campus return per the signup process. A short-term storage fee and market rate delivery charge will apply.
If at any point during the term of storage your items need to be repacked for reasons such as, but not limited to, container damage caused by items stored in your container(s), preparing your item(s) for shipping, or overweight containers which will cause physical damage or harm to facilities used by Blue Crates or Blue Crates staff.
Blue Crates is liable for damages occurring to Customer Items that are packed according to Blue Crates packing standards or are on the list of insurable unpackaged items. Items that are listed on the uninsurable list cannot receive insurance coverage unless they are considered lost or stolen. Blue Crates is not liable for damage to items unless it is on the list of insurable non-packaged items or the container holding the damaged item(s) has sustained material damage.
Blue Crates insures the contents of each Student Vault for $0.30/lbs up to a maximum of 50 lbs per item, or other weight limit determined by item standards, as required by law. Blue Crates offers and STRONGLY encourages the addition of supplemental insurance for added coverage. As a Blue Crates Student Vault Member you have access to discounted insurance plans via our Insurance partner. These plans cover your belongings year round and cover the value of your items with plans ranging from $2,000 of value and increase up to a maximum coverage amount of $5,000.
Blue Crates will not make payment on ANY amount on claims over the stated $.30/lb per individual item up to 50bs per item.
To place a claim with Blue Crates please reach us at email@example.com. As part of the Blue Crates claims process, you will be required to provide photo evidence of item condition prior to pickup for any damage claims. All photographs must have a physical timestamp (i.e. white board, paper sign, etc.) clearly displaying the date, time, Customer’s name, and address. While you are not required to take photographs, we highly encourage you to do so, as you will be required to provide photo evidence of item condition prior to pickup for any damage claims.
Blue Crates provides only coverage which is secondary to the Customer’s primary coverage which is the homeowner’s or renter’s insurance, or insurance offered by Blue Crates’ third-party affiliate insurance provider, of the customer (or that of his or her parents). Blue Crates makes no representation concerning the adequacy of its insurance coverage or coordination of its insurance coverage with that of the Customer.
Blue Crates may offer additional insurance plans through a third-party affiliate insurance provider (known as an “Affiliate Provider”) which can be purchased through an affiliate link provided on the Site. Blue Crates is not responsible for changes in pricing or the Terms of Service set by any Affiliate Provider. You are responsible for paying applicable premiums to the Affiliate Provider. You are responsible for maintaining current and valid information with the Affiliate Provider. Blue Crates will not be held responsible for lapses in coverage due to your inability to update the Affiliate Provider with your most current information.
Damaged items must be submitted on or before the first Friday of the term in which they have requested their items to be returned or within 72 hours of receiving their items, whichever comes first.
Claims must have pictures of the damaged item(s), a link to the item(s) named in the claim, and your contact information. Claims will be processed as received.
If an item is suspected to have been lost or stolen, a claim must be submitted on or before the first Friday of the term in which they have requested their items to be returned or within 72 hours of receiving their items, whichever comes first.
Claims must include a link to images of the exact item(s) named in the claim and your contact information. Claims will be processed as received and Blue Crates reserves the right to perform a search of its storage facilities prior to providing monetary compensation.
Claims must include the claim number from an Affiliate Provider, if applicable.
Blue Crates warrants that the Storage Service will be provided in a professional and workmanlike manner by personnel trained with respect to that Service. Except as provided in this section, Blue Crates makes no representations or warranties of any kind. Blue Crates expressly disclaims all warranties, whether express, implied or statutory, regarding the Storage Service including without limitation any warranty of merchantability or fitness for a particular purpose.
In the event of any loss, damage, or destruction of Subscriber Property caused by Blue Crates’s breach of any obligation to Subscriber, Blue Crates’s liability will be limited to direct damages in the amount of the cost (fair market value) of the Subscriber Property, up to US $.30/lb per item unless otherwise stated.
With respect to all other claims, in no event will Blue Crates be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, even if foreseeable, that result from (i) your use or inability to use the Service; (ii) the Service generally; the timeliness or availability of deliveries; or your access to Subscriber Property; or (iii) any other interactions with Blue Crates, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth in this agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Blue Crates will not be liable for any default or delay in the performance of any of our obligations under this Agreement, or for the damage or destruction of any Subscriber Property, if caused, directly or indirectly, by fire, earthquake, flood, the elements, or other such causes; labor disputes, strikes, or lockouts; wars, acts of terrorism, riots, or civil disorder; environmental disaster; accidents or unavoidable casualties; interruptions of or delays in transportation or communication; governmental action or change in regulation; or any similar cause beyond Blue Crates’s control. Blue Crates agrees to maintain a reasonable disaster response plan for providing the Storage Service during an event of Force Majeure, and to implement that plan during such periods within a commercially reasonable period of time.
You agree to indemnify and hold harmless Blue Crates from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Storage Service, including but not limited to your violation of this Agreement or misuse of the Storage Service.
Blue Crates reserves the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. Blue Crates will notify our users of material changes to this Agreement in the subscription period prior to the change taking effect by posting a notice on our home page and sending an email to the email address you provided to us. Non-material modifications will be posted on the Blue Crates website, and take effect at the beginning of the next subscription period.
In the unlikely event that a dispute arises between you and us, you agree to resolve most claims through individual arbitration. The following section explains our arbitration policy.
Should a dispute arise between you and Blue Crates, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement where the total amount of the award sought is less than $75,000, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration.
Any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). 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 Chicago, Illinois, using the English language. 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.
You acknowledge that you are waiving your right to a jury trial as governed by the Federal Arbitration Act.
Except to the extent applicable law provides otherwise, this Agreement between you and Blue Crates and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Illinois, without regard to conflict of law provisions. You and Blue Crates agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Chicago, Illinois, except as provided elsewhere in this Agreement.
You agree that any cause of action related to or arising out of your relationship with Blue Crates must commence within TWO years after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Blue Crates may assign or delegate this Storage Service Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Storage Service Agreement without Blue Crates’s prior written consent, and any unauthorized assignment and delegation by you is void.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Blue Crates to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
This Agreement, together with the Blue Crates Terms of Service and all other documents incorporated within it, represent the complete and exclusive statement of the agreement between you and Blue Crates. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Blue Crates relating to the subject matter of these terms. This Agreement may only be modified by a written amendment signed by an authorized executive of Blue Crates, or by the posting by Blue Crates of a revised version.
You acknowledge that you have read these Terms of Service, understand the Terms of Service, and will be bound by these terms and conditions.