BLUE CRATES WEBSITE TERMS OF SERVICE AGREEMENT

BLUE CRATES STORAGE SERVICE AGREEMENT

(Effective as of January 1, 2015)

Thank you for using the Blue Crates service. The following Terms of Service control your use of the Blue Crates Storage Service, as defined in Definitions below. You should read these Terms of Service, and the other documents comprising the Agreement, carefully and make sure that you understand them, before ordering any Storage Service. Please note that by using the Storage Service, you agree to be bound by the Agreement.

DEFINITIONS

The following terms are used throughout the agreement, and have specific meanings.

The “Storage Service” refers to the pickup, transport, storage, and delivery services provided by Blue Crates, LLC.

The “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in it (the “Terms of Service”) and all other operating rules, policies (including, without limitation, the Blue Crates Privacy Policy, incorporated by reference in this Agreement and available at http://bluecrates.com/pages/privacy, and the Blue Crates Website Terms of Service Agreement, also incorporated by reference and available below), and procedures that may be published from time to time on the Website by Blue Crates or delivered to you in print.

The “Website” refers to Blue Crates’s website located at http://www.bluecrates.com, and all content, services, and products available at or through the Website, notably access to the Account page which provides the Subscriber access to his or her items.

“The Subscriber,” “You,” and “Your” refer to the individual person that is entering into this Agreement with us, or his or her representative.

“Blue Crates,” “We,” and “Us” refer to Blue Crates, LLC, as well as its affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

“Crates” refers to bins and wardrobes used in conjunction with the Storage Service.

“Subscriber Property” refers to any material objects, goods, or items stored or held by Blue Crates.

SCHEDULE OF MONTHLY AND ONE-TIME CHARGES

You will be charged the following fees:


Monthly Storage Service fee per Crate - $7.50 (Crates), $15.50 (Wardrobes), See pricing for additional details


Return of Subscriber Property - $10.00 flat return fee for final delivery upon termination of agreement, otherwise 1 free swap each month


Swap fees – 1 free every month.


Crate purchase fee (in the event you keep a crate beyond 30 days after receipt) - $25


Missed delivery fee - $20


Sale/Auction administration fee - $100


Delinquent account administration fee (levied on 15th day past due) - $10


Chargeback fee (in the event an erroneous chargeback occurs on a payment you make) - $25


Cancellation fee (after receiving empty crates) - One month worth of service for those crates/wardrobes

USER RESPONSIBILITIES AND RESTRICTIONS

The following are a few basic rules that must be followed in order for you to use the Storage Service:

Safe Packing. You are responsible for packing your items in a manner that ensures that they can be transported and stored without damage. You understand that Crates will be moved from time to time in connection with deliveries or as may be needed for storage. By having us pick up a Crate, you represent and warrant that the Crate has been packed appropriately. You agree that Blue Crates is not responsible for any damage caused by or arising from your failure to properly pack the Crate. We reserve the right to refuse to accept any Crate that we reasonably believe weighs more than 50 pounds, inclusive of the weight of the Crate itself.

No Abandonment. You are responsible for paying your Blue Crates fees on time and ensuring that your subscription to Blue Crates does not lapse. In the event that you fail to pay your fees or you do not retrieve your items, we will send you a Notice of Abandonment at the address you listed in your User Dashboard. You may reclaim abandoned property by following the instructions in the notice we send you within the time limit stated in the notice. Failure to pay Blue Crates fees will result in loss of access to Blue Crates pickup and delivery services. If you do not reclaim abandoned property, we may dispose of it.

Content of Blue Crates crates. You may not store any of the following items in Blue Crates crates:

  • Living Things
  • Firearms
  • Exposives
  • Flammables of any kind (gas, diesel, kerosene, oil, paint, etc.)
  • Drugs or paraphernalia
  • Stolen items
  • Illegal items
  • Hazardous items of any kind.
  • Hazardous or toxic waste material of any kind
  • Used tires
  • 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)

Compliance With Laws. You are responsible for complying with local, state, and federal laws, rules, and regulations regarding storage of items, as well as all Blue Crates policies. You represent and warrant that: (i) you have the authority to, and are of legal age to, bind yourself to this Agreement; (ii) your use of the Storage Service will be solely for purposes that are permitted by this Agreement; and (iii) your use of the Storage Service will comply with all local, state and federal laws, rules, and regulations, and with all other Blue Crates policies.

BLUE CRATES RESPONSIBILITIES

Pickup and Transport. Blue Crates will deliver an empty crate(s) to the Subscriber’s home (or other location agreed upon by Subscriber and Blue Crates). Once Subscriber packs the crate(s), a Blue Crates employee will pick up Subscriber Property, register the crate(s) into our tracking system, and transport the Subscriber Property to a secure warehouse. In the event that Subscriber is not present when Blue Crates arrives to pick up Subscriber’s crate(s), you will have to schedule a new pickup time.

Storage and Protection. Blue Crates will store Subscriber Property in a secure warehouse.

Retrieval and Delivery. When you request a crate, Blue Crates will pick up Subscriber Property from the secure warehouse and transport it to your home (or other location agreed upon by Subscriber and Blue Crates) when you are available to receive it.

RIGHT TO ENTER AND INSPECT CRATES AND SUBSCRIBER PROPERTY

Blue Crates does not intend to access any of your Crates after they are sealed. However, Blue Crates reserves the right to open and inspect any Crate 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 Crate(s), allow your Crate(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 Subscriber Property, you agree that we may provide such information or documents without incurring liability to you.

TERMINATION

You may cancel this agreement and close your account at any time. If you choose to terminate the Agreement, you will be responsible for paying all fees for the calendar month in which termination occurs.

We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective upon written notice to you. If we terminate the Agreement, we will arrange for any of your Subscriber Property that we still hold to be delivered to you. This delivery will be at our expense, unless termination is due to your breach of this Agreement, in which case you are responsible for costs.

PAYMENT

Pricing and Billing. Our pricing and payment terms are available in the Schedule of Monthly and One-Time Charges above and at http://bluecrates.com/#pricing. We will notify users of any change in pricing structure 30 days prior to the change taking effect. Under no circumstance will you be entitled to a refund of the first three months’ service, which will be paid in three monthly installments. The first payment will be paid upon delivery of crates to you. The second and third payments will be paid upon the one and two month anniversaries of the date that Blue Crates delivers your crates to the warehouse.

You agree to a minimum three month term (not including any free two week packing period) and a minimum of two (2) crates stored with Blue Crates at all times. This means having a minimum of at least two crates, or any equivalent combination of crates or other Subscriber Property, with Blue Crates for at least three months. In the event that any crates are returned to you prior to the end of that three month period, you will still be responsible for the minimum three month charge. You agree that the three month minimum term shall apply to all crates individually and is not limited to the first two crates rented, nor is the three month minimum term limited to the first three months of this Agreement (meaning each crate stored with Blue Crates shall be stored for a minimum of three months and, if returned in less than three months, shall incur a minimum charge equivalent to three months of usage).

Monthly Billing. We, or a third party payment processor working on our behalf, will charge your on-file credit card or PayPal account each month.

Cancellation. You may cancel your subscription at any time by logging on to your User Dashboard or contacting support; however, you will be billed for the remainder of the payment term.

Disputes. Please contact help@bluecrates.com to discuss any disputes regarding payment.

Authorization. By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Blue Crates. Depending on the transaction, we may charge you on a one-time or recurring basis.

Responsibility for Payment. You are responsible for all fees, including late fees and taxes, associated with your use of the Storage Service. By using the Storage Service, you agree to pay Blue Crates any charge incurred in connection with your use of the Storage Service, unless you dispute the matter. You are responsible for providing us with a valid means of payment. Monthly payments must be paid in advance on the monthly anniversary of the date Blue Crates picks up your crates for delivery to the warehouse. Monthly payments must be made in full, without any deductions, without prior notice or prompting from Blue Crates (without any monthly invoice or billing statement from Blue Crates). Any failure to pay or partial payment will not release your crates from default under this Agreement.

Our Responsibilities. In the event of a disputed charge, we may provide refunds on a case-by-case basis.

LIMITED WARRANTY

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.

LIMITATION OF LIABILITY

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 $2000.00.

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.

Force majeure. Blue Crates will not be liable for any default or delay in 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.

RELEASE AND INDEMNIFICATION

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.

MODIFICATION OF TERMS OF 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.

ARBITRATION AGREEMENT

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.

Arbitration. 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.

Procedure. 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.

No Right to Jury Trial. You acknowledge that you are waiving your right to a jury trial. Section 10 of this agreement is governed by the Federal Arbitration Act.

MISCELLANEOUS

This agreement is controlled by Illinois law. You, and you alone, are responsible for any obligations you agree to under this contract. If we are involved in a merger or we are bought, we may transfer this agreement, as long as your rights are protected. You may only agree to these terms if you are able to form a binding contract in your state. These terms, including our Privacy Policy, are the complete agreement between us, and no other terms apply.

Governing Law. 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.

Limitation of Term of Action. 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.

Non-Assignability. 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.

Section Headings and Summaries Non-Binding. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

Severability. 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.

Complete 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.