Pricing and Payment Terms
Membership Fees: You agree to pay Itimizit US $5.00 per month per Documentation Membership or US $10.00 per month per Storage Membership in connection with an active account.
- $5.00/mo Basic Membership
- $10.00/mo Storage Membership
Storage Fees: Prices are based on the total cubic feet of each item. You agree to pay Itimizit US $1.00 per cubic foot for Storage Services.
Item Pick-up/Delivery Service Fees:
Prices are based on the total cubic feet of each item. All items carry a standard base pickup/delivery fee and a per cubic foot fee. You agree to pay Itimizit a pick up fee of US $3.00 for an item 1 to 24 cu ft, US $5.00 for an item 25 to 49 cu ft, US $7.00 for an item 50 to 74 cu ft, US $10.00 for an item 75-99 cu ft, US $15 for an item 100+ cu ft.
Pick Up/Delivery Fees
- $3.00 – Small Item (up to 24 cu ft)
- $5.00 – Medium Item (up to 49 cu ft)
- $7.00 – Large Item (up to 74 cu ft)
- $10.00 – XL Item (up to 99 cu ft)
- $15.00 – Oversize Item (Over 100 cu ft)
Item Retrieval Service Fees:
Prices are based on the total cubic foot. All items carry a standard a per cubic foot fee. You agree to pay Itimizit US $3.00 for an item 1 to 24 cu ft, US $5.00 for an item 25 to 49 cu ft, US $7.00 for an item 50 to 74 cu ft, US $10.00 for an item 75-99 cu ft, US $10.00 for an item 100+ cu ft. Large oversized items may incur an additional forklift charge of $25.00.
Retrieval Service Fees
- $3.00 – Small Item (up to 24 cu ft)
- $5.00 – Medium Item (up to 49 cu ft)
- $7.00 – Large Item (up to 74 cu ft)
- $10.00 – XL Item (up to 99 cu ft)
- $15.00 – Oversize Item (Over 100 cu ft)
Item Placement Service Fee: You agree to pay Itimizit the standard base replacement fee US $2.50.
Placement Service Fee
Delivery/Pickup Zone Fees:
Prices are based on the zone the delivery/pickup address is located and the urgency of the pickup/delivery All items carry a standard base pick up fee (see item pick up service fee) and a zone fee. The zone fee is based on the items distance from Itimizit's warehouse and the period of time Itimizit is given. You agree to pay Itimizit the standard delivery/pickup zone fee with 24 hour request notification US $5.00 for Zone 1 (0-5 mi.), US $10.00 for Zone 2 (6-10 mi.) , US $15.00 Zone 3 (11-15 mi.), US $20 Zone 4 (16-20 mi.), US $25 Zone 5 (21+ mi.). You agree to pay Itimizit the standard delivery/pickup zone fee with same day request notification US $10.00 for Zone 1 (0-5 mi.), US $15.00 for Zone 2 (6-10 mi.), US $20.00 Zone 3 (11-15 mi.), US $25.00 Zone 4 (16-20 mi.), US $40.00 (am) Zone 5 (21+ mi.).
All prices are exclusive of any applicable sales tax, which you will be charged during the checkout process. Itimizit's fees are payable by credit card, debit card, or ACH monthly in advance and immediately upon each request for the pickup, retrieval, replacement, or return delivery of Storage Goods. Fees for your membership will be due on the monthly anniversary of your account initiation date after the 2 month Free Trial. Fees for your first month of storage will be due and payable by the date that you're packed Storage Goods are picked up by Itimizit (the 'Initial Pick-up Date'). After the Initial Pick-up Date, all fees for subsequent months of Storage Service will be due on each monthly anniversary of the Initial Pick-up Date thereafter (the 'Recurring Due Date'). If you order additional Storage Services after the Initial Pick-up Date or any Recurring Due Date, the fees for such additional Storage Services will be due on the following month's Recurring Due Date. You authorize Itimizit to charge your method of payment (i) on the Initial Due Date, (ii) upon each request to deliver or pick up your Storage Goods, and (iii) within three (3) days of each Recurring Due Date thereafter until we have returned all of your Storage Goods to you, or until all fees incurred under your account have otherwise been paid in full. Storage Services may be purchased only in monthly increments and no refunds will be given for any unused storage time.
Itimizit reserves the right, in its sole discretion, to charge a US $15.00 administration fee to cover Itimizit's costs if the issuer of your payment card refuses to or does not, for any reason, authorize payment to Itimizit. Any amounts not paid when due shall bear interest at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less (without prejudice to any other right or remedy, including the right to withhold or dispose of the Goods as described in the Agreement).
Additional fees may be applied if: (i) you or someone authorized by you are/is not available at the premises at the specified delivery, collection, or return time and after reasonable efforts to contact you to rearrange pick up or delivery; (ii) Itimizit's delivery team is unable to access your premises to deliver or collect Storage Goods and the delay lasts longer than 20 minutes; (iii) delivery, collection, or return of any Storage Goods takes over 1 hour to complete from arrival at your address through no fault of Itimizit's delivery team; (iv) you request that delivery, collection, or return of the Storage Goods be carried out outside of normal working hours (Monday - Friday from 8:00 a.m. - 6:00 p.m. at the location of delivery); (v) Itimizit has to deliver or collect Storage Boxes to or from any location above the first floor without being able to use an elevator.
Itimizit currently accepts the following credit cards at this time: American Express, VISA, MasterCard and Discover Card.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, A WAIVER OF ALL IMPLIED WARRANTIES OF ANY KIND AND A LIMITATION OF LIABILITY IN FAVOR OF ITIMIZIT. THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
In this Agreement:
- "Stored Good(s)" means the items that you provide to Itimizit for storage.
- "Storage Box(es)" means the storage boxes Itimizit supplies to you for the packing and storage of your Stored Goods.
- "Storage Service(s)" means the storage services provided by or on behalf of Itimizit as described in Section 3 below.
2. Use of Our Site and Storage Services
You may use the Site and Storage Services only if you can form a binding contract with Itimizit, and only in compliance with this Agreement 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 Storage Services. By registering to use the Site and Storage Services, you represent and warrant that you are 18 years of age or older. Any use or access to the Site or Storage Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Site and Storage Services are not available to any previous Users whose access to the Site and Storage Services was terminated by Itimizit.
B. Itimizit Site
Subject to the terms and conditions of this Agreement, you are hereby granted one non-exclusive, limited, non-transferable, freely revocable license to use the Site for your sole use as permitted by the features of the Site. Itimizit reserves all rights not expressly granted herein in the Site and the Itimizit Content (as defined below). Itimizit may terminate this license at any time for any reason or no reason. Itimizit does not warrant that the Site will be compatible with your computer or computing device. You may not: (i) modify, disassemble, decompile or reverse engineer the Site, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Site to any third-party or use the Site to provide time sharing or similar sites for any third-party; (iii) make any copies of the Site; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or (v) delete the copyright and other proprietary rights notices on the Site. You acknowledge that Itimizit may from time to time issue upgraded versions of the Site, and may automatically electronically upgrade the version of the Site that you are using. You agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Site is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Site or any copy thereof, and Itimizit or its third-party partners or suppliers retain all right, title, and interest in the Site (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Itimizit reserves all rights not expressly granted under this Agreement.
C. Itimizit Accounts
Your Itimizit license gives you the right to open an account with Itimizit and access the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you are obtaining a license and opening an Itimizit account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Itimizit immediately of any breach of security or unauthorized use of your account. Itimizit will not be liable for any losses caused by any unauthorized use of your account.
You may establish other users authorized to use the Site and Storage Services on your behalf ("Authorized Users") by designating them on the Site. You are responsible for any actions taken by the Authorized Users and you agree that you will be liable under this Agreement and under all applicable laws for all actions by your Authorized Users in the same manner as if you took those actions. Except to the extent permitted by law, you agree that you shall not allow any Person to use your account or access the Site or Storage Services who is not an Authorized User.
You may control your User profile and account settings by selecting the "Account" tab on the Site or alternatively, emailing us at firstname.lastname@example.org or call us at (800) 710-8160. By providing Itimizit your email address, you consent to our using the email address to send you Site and Storage 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 and Storage Services and special offers.
D. Site Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including, without limitation, by any automated or non-automated "scraping"; (ii) using any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., to access the Site; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; (xii) bypassing the measures we may use to prevent or restrict access to the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (xiii) taking any other actions that would, in our sole discretion, be an inappropriate or improper use of the Site or Storage Services.
3. The Storage Service
A. Services Provided by Itimizit
Subject to the terms and conditions of this Agreement, including, without limitation, the payment of all fees under this Agreement, Itimizit shall, upon request: (i) deliver one or more empty Storage Boxes to the address you designate as the default delivery address (the "Delivery Address"); (ii) pick up the Storage Boxes packed with your Stored Goods and other appropriately packaged Stored Goods you wish to store from your Delivery Address and transport the Stored Goods to a storage facility (chosen at our discretion) for storage; (iii) store the Stored Goods at a storage facility (chosen at our discretion); and (iv) return the Stored Goods to the Delivery Address or other Authorized Address. The foregoing storage services shall be referred to under this Agreement as "Storage Services."
Itimizit will also allow you or any of your Authorized Users (defined below) to pick up your Stored Goods from its storage facility at certain times determined by Itimizit and with identification satisfactory to Itimizit in its sole and absolute discretion.
Itimizit will not deliver or return Stored Goods to an address that is not in an active Itimizit delivery zone listed on our current Delivery Zone List or to any other address which it determines in its sole and absolute discretion is not appropriate for delivery or return. Times given for delivery, collection, and return are only estimates and Itimizit shall not be liable for any delay in delivery, collection, or return.
Itimizit may cancel or postpone any delivery, collection, or return of Stored Goods in the event that Itimizit believes, in its sole discretion, that it may endanger any Itimizit employee, agent, contractor or other individual for any reason, including but not limited to, severe weather conditions or by reason of Itimizit having limited access to the Delivery Address.
You acknowledge and agree that Itimizit will not be responsible for: (i) dismantling or assembling any Stored Goods, including, without limitation, any unit, system, or furniture (including flat pack); (ii) disconnecting, reconnecting, dismantling or reassembling any Stored Goods, including without limitation, any appliances, fixtures, fittings or equipment; or (iii) packing Stored Goods into Storage Boxes. Itimizit does not warrant that the storage facility used by Itimizit is a suitable place or means of storage for any particular goods, including without limitation, your Stored Goods.
B. Your Responsibilities
You will be solely responsible for: (i) obtaining and ensuring that Itimizit or its carrier has such access to any parking as may be reasonably required to carry out the Storage Services; (ii) being present, or ensuring that someone authorized by you is present, during the delivery, collection, and return of the Stored Goods; (iii) providing Itimizit with your contact details and ensuring that such contact details are accurate and up-to-date; (iv) ensuring that the Stored Goods have been securely packed into Storage Boxes or securely wrapped in a moving blanket so as not to cause damage or injury or the likelihood of damage or injury to your Stored Goods, Itimizit's property, employees, agents, contractors, business partners, other Stored Goods, or other individuals, whether by spreading of dampness, infestation, leakage or the escape of fumes or substances or otherwise; (v) informing Itimizit immediately upon delivery of any damage to the Stored Goods or your property that occurred during a delivery, collection or return service; and (vi) reimbursing Itimizit in full an amount equal to all damages, liabilities, costs, claims and expenses (including, without limitation, reasonable attorneys' fees) that Itimizit may incur as a result of your use of the Storage Services or any breach by you of this Agreement.
Itimizit hereby reserves the right to refuse to store and/or transport any Stored Goods for any reason whatsoever, in its sole and absolute discretion.
C. Storage Boxes and Moving Blankets
As long as the Storage Boxes are stored with Itimizit, the Storage Boxes are free of charge. However, if you fail to use the Storage Services to store the Storage Box within 15 days of delivery to you, you agree to pay Itimizit a fee of $12.00 for each Storage Box to reimburse Itimizit for the cost of the Storage Box . Once you have paid the fees for one (1) complete month of storage of the Storage Box supplied by Itimizit, the ownership of that Storage Box will transfer to you. After such Storage Box has been returned to you, you may keep, re-use or dispose of it as you see fit. No Storage Boxes, when packed, may exceed the maximum weight limit of 35 lbs. Moving blankets must be used to store larger Stored Goods that will not fit in a Storage Box. You may obtain moving blankets from us for an additional fee.
D. The Stored Goods
You represent and warrant that you own the Stored Goods or that you otherwise have the right and authority to store and use the Stored Goods in accordance with this Agreement.
The Stored Goods must not include and you must not store any of the following in any Storage Boxes or otherwise in connection with the Storage Services: antiques (whether or not breakable and fragile), perishable goods, firearms, explosives, used tires, plants, birds, fish, other animals, or any other living thing, arms or ammunition, any item which emits fumes, smells or odors, bullion (e.g., gold-silver), jewelry, currency, ivory, precious metals or stones, any drugs, illegal substances or goods, or goods or substances illegally obtained, combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous or harmful nature, any other toxic, flammable or hazardous goods, any other items, the possession, usage, or storage of which may detrimentally affect anything outside of your Storage Box or violate in any way the laws of Virginia, the United States or any other applicable laws, rules, or regulations, or any other items that are deemed unacceptable for storage by Itimizit (collectively, "Prohibited Goods").
Itimizit may at any time without notifying you open any Storage Boxes or other containers, or take any other actions necessary to inspect the Stored Goods if Itimizit: (i) believes, in its sole discretion, that the Stored Goods contain any Prohibited Goods; (ii) is required to do so by the police, fire services, local authorities or by court order; or (iii) considers it necessary, in its sole discretion, in an emergency or to prevent injury or damage to persons or property.
You agree that Itimizit may refuse to store any Stored Goods, or may return to you any Stored Goods, at your cost, at any time, if, in Itimizit's sole discretion, the storage, or continued storage, of the Stored Goods would represent a risk to the Stored Goods, the safety of any person, the security of the storage site, or any other goods stored at the storage site.
By using the Storage Services or other paid services or products provided by Itimizit, you agree to the pricing and payment terms, as we may update them from time to time. Itimizit may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site or Storage Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Itimizit 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. Any amounts not paid when due shall bear interest at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.
You may cancel your Itimizit account at any time; however, there are no refunds for cancellation. In the event that Itimizit suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused storage time, any license or subscription fees for any portion of the Site or Storage Services, any content or data associated with your account, or for anything else.
F. Itimizit's Right to Withhold or Dispose of Stored Goods
Itimizit shall have the right to withhold and ultimately dispose of some or all of the Stored Goods in accordance with this clause if either: (i) you do not pay any applicable fees or any other payments due under this Agreement or (ii) you abandon your Stored Goods, which will occur in the event your Itimizit subscription terminates or expires and you fail to take possession of your Stored Goods within 7 days from the termination or expiration date.
You will be responsible for all storage charges and other associated costs incurred by Itimizit while withholding or disposing of the Stored Goods. Itimizit will provide you with 10 days' written notice requiring you to pay all amounts due and contact Itimizit to arrange for re-delivery of the Storage Goods. If upon the expiration of the 10-day notice period you have failed to pay all of the amounts due, Itimizit may dispose of some or all of the Stored Goods by sale or otherwise.
If in Itimizit's opinion the Stored Goods cannot be sold for a reasonable price or at all (for any reason), or despite Itimizit's reasonable efforts they remain unsold, you authorize Itimizit to treat them as abandoned and to destroy or otherwise dispose of them at your cost. You shall be responsible for all costs reasonably incurred by Itimizit in relation to the disposal of the Stored Goods. If Itimizit receives money on disposal of the Stored Goods, the net proceeds of sale will be credited to your account and Itimizit will pay any excess amounts to you without interest, less Itimizit's administrative charge of $50.00.
If, after having made reasonable efforts to do so, Itimizit is unable to return any excess amounts received by Itimizit from the disposal of your Stored Goods to you, including having given not less than 90 days' written notice to you, Itimizit may retain any such excess amounts for its own account. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due to Itimizit under this Agreement and the costs of sale, you must pay any balance outstanding to Itimizit within 7 days of a written demand from Itimizit. Interest will accrue on the balance in accordance with the Payment Section above until the balance is paid in full.
G. Itimizit's Limited Warranty
Itimizit agrees to provide you with a Limited Warranty regarding your Stored Goods as set forth in the terms and conditions of our Limited Warranty Policy. You acknowledge and agree that the Limited Warranty referenced above herein shall be your sole and exclusive remedy and Itimizit's total liability to you in connection with any damages, claims, or actions in any way related to (a) this Agreement; (b) your relationship with Itimizit; or (c) any lost, stolen, or damaged Stored Goods.
You may terminate this Agreement at any time by requesting the return of your Stored Goods and by paying any outstanding fees due to Itimizit. We may, without prior notice, change the Site or Storage Services; stop providing the Site or Storage Services or features of the Site or Storage Services, to you or to Users generally; or create usage limits for the Site or Storage Services. We may permanently or temporarily terminate or suspend your access to the Site or Storage Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Upon termination of this Agreement for any reason you must contact Itimizit promptly to arrange for delivery of your Stored Goods. If within 7 days following termination of this Agreement for any reason you fail to arrange for delivery of all of your Stored Boxes, then Itimizit may process the Stored Goods in accordance with the provisions of the section titled "Itimizit's Right to Withhold or Dispose of Goods" above. You shall remain responsible for all applicable fees until your Stored Goods are delivered to you.
4. User Content
Some areas of the Site may allow Users to provide content such as profile information, photos of Stored Goods, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Site are referred to in this Agreement as "User Content"). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Site, you agree to allow others to view, edit, and/or share your User Content in accordance with the functionality of the Site, your settings, and this Agreement. Itimizit has the right (but not the obligation) in its sole discretion to remove any User Content that is provided to or transmitted via the Site.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem (in our sole and absolute discretion) to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below) or rights of privacy. Itimizit reserves the right, but is not obligated, to reject and/or remove any User Content for any reason whatsoever, including, without limitation, in the event Itimizit believes, in its sole discretion, that the User Content violates the above provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have the written consent of each and every identifiable person or entity in the User Content to use such person or entity's name or likeness in the manner contemplated by the Site and this Agreement, and each such person or entity has released you from any liability that may arise in relation to such use.
By Itimizit's use of User Content as contemplated by this Agreement, the Site, and Storage Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
C. Itimizit may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.
Itimizit takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Site. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Itimizit shall not be liable for any damages you allege to incur as a result of User Content.
5. User Content License Grant
By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Itimizit a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and Itimizit's business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.
6.Our Proprietary Rights
Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Site marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Itimizit Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Itimizit and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Itimizit Content. Use of the Itimizit Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit feedback, comments, suggestions, error identifications, or ideas about the Site or Storage Services, including, without limitation, about how to improve the Site, the Storage Services, or our other services or products ("Idea(s)"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Itimizit under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by submitting any Idea, you assign all rights related to that Idea to Itimizit.
Itimizit cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third-parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is Itimizit's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Site, please notify Itimizit's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Itimizit to locate the material.
(4) Information reasonably sufficient to permit Itimizit to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Copyright Agent
[INSERT WORK ADDRESS, NOT POBOX, TELEPHONE NUMBER, EMAIL AND FACSIMILE]
Please note that this procedure is exclusively for notifying Itimizit and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Itimizit's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Itimizit has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Itimizit may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless Itimizit and its subsidiaries, agents, licensors, managers, members, officers, employees, successors, assigns, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from or in any way related to: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your use of the Storage Services; (iii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (v) your violation of any applicable law, rule, or regulation; (vi) any of your User Content or Stored Goods, or any User Content or Stored Goods that are submitted via your account and/or in your name; or (vii) any other person's access and use of the Site or Storage Services with your unique username, password or other appropriate security code.
12. Warranty Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY POLICY, THE SITE AND STORAGE SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. USE OF THE SITE AND STORAGE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND STORAGE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ITIMIZIT OR THROUGH THE SITE OR IN CONNECTION WITH THE STORAGE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITING THE FOREGOING, ITIMIZIT DOES NOT WARRANT THAT THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE IS OF A CERTAIN QUALITY; THAT THE SITE OR STORAGE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR STORAGE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS; THAT THE SITE OR STORAGE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
EXCEPT FOR THE LIMITED WARRANTY POLICY, THE SITE AND STORAGE SERVICES ARE PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
ITIMIZIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ITIMIZIT SITE OR STORAGE SERVICES OR ANY WEBSITE OR SERVICE HYPERLINKED TO THE SITE, AND ITIMIZIT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT BY YOUR USE OF THE SITE. THERE IS NO OBLIGATION TO HOLD YOU HARMLESS FROM ANY ACTIONS YOU TAKE WHILE USING THE SITE.
13.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITIMIZIT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR STORAGE SERVICES. UNDER NO CIRCUMSTANCES WILL ITIMIZIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITIMIZIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE OR STORAGE SERVICES (EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY POLICY); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY OTHER USER OR THIRD PARTY. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY POLICY, IN NO EVENT SHALL ITIMIZIT BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ITIMIZIT HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ITIMIZIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Site is controlled and operated from facilities in Virginia. Itimizit makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, Virginia and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in Virginia.
In the event that Itimizit ceases operations, we will attempt to make reasonable efforts to return your Stored Goods to you, but cannot guarantee if and when such returns will occur. Itimizit will not be liable for any failure to return Stored Goods in the event of a business failure.
15.Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
This Agreement shall be governed by and interpreted under the substantive law of Virginia without regard to conflicts or choice of law principles that would result in the application of the laws of any other jurisdiction. YOU AND ITIMIZIT AGREE THAT any CLAIMS OR DISPUTES RELATED IN ANY WAY TO THIS AGREEMENT ARE TO BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION IN WINCHESTER, VIRGINIA. YOU AND ITIMIZIT SHALL JOINTLY SELECT AN ARBITATOR. IF YOU FAIL TO AGREE ON AN ARBITRATOR, THEN YOU BOTH SHALL SELECT ONE ARBITRATOR AND THE TWO ARBITRATORS SO SELECTED SHALL SELECT A THIRD ARBITRATOR, AND THOSE THREE ARBITRATORS SHALL ARBITRATE THE DISPUTE OR CLAIM. IF THERE ARE THREE ARBITRATORS, THE DECISION SHALL BE BY A MAJORITY. YOU AND ITIMIZIT MUST SHARE ARBITRATION COSTS EQUALLY, PROVIDED THAT ITIMIZIT MAY RECOVER THE PORTION OF THE FEES IT PAID IN THE AWARD PURSUANT TO SECTION 11 ABOVE. THE ARBITRATOR(S) SHALL SELECT THE RULES FOR ARBITRATION. THE ARBITRATOR(S) AWARD MAY BE CONFIRMED AND JUDGMENT ENTERED IN A COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS OR DISPUTES TO BE ARBITRATRED ON A CLASS ACTION BASIS. You hereby waive any right to a trial by jury on any claim, counterclaim, setoff, demand, action or cause of action brought by YOU OR ANYONE ON YOUR BEHALF against ITIMIZIT on any matters whatsoever arising out of or in any way pertaining or relating to: (i) this Agreement; (ii) the use of the Site or Storage Services; or (iii) in any way connected with or pertaining or relating to or incidental to any dealings of the parties hereto with respect to this Agreement, or any other matter or controversy whatsoever between the parties; in all of the foregoing cases whether now existing or hereafter arising. You agree that any dispute or controversy YOU BRING shall instead be tried in ARBITRATION AS SET FORTH ABOVE. You hereby certify that no representative or agent of Itimizit has represented, expressly or otherwise, that Itimizit would not seek to enforce the provisions of this waiver in the event of such dispute or controversy. You acknowledge that Itimizit has, in part, been induced to enter into this Agreement in reliance on the provisions of this waiver.
A.Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Itimizit without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B.Force Majeure. Notwithstanding anything to the contrary, Itimizit will not be liable or responsible for any damage to or loss of any Stored Goods, or failure to perform, or delay in performance of, any of its obligations under this Agreement, including, without limitation, any Storage Services, that is caused by events outside its reasonable control including, but not limited to, acts of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; adverse weather conditions; interruption or failure of utility service, including, but not limited to, electric power, gas or water; any labor dispute, including, but not limited to, strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications (each, a "Force Majeure Event").
E.No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Itimizit's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
F. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon each of the parties hereto and their respective predecessors, successors, and assigns.
G. Construction. Both parties have reviewed this Agreement, so the rule of construction to the effect that any ambiguities are to be construed against the drafting party shall not be employed in the interpretation of any of the terms of this Agreement.
H.Contact. Please contact us at email@example.com with any questions regarding this Agreement.
This Agreement was last modified on 09/15/15
Limited Security Warranty Policy
Subject to the terms, limitations, exclusions, and conditions of this Limited Security Warranty Policy and the Agreement, and solely to the extent covered by our insurance policy, Itimizit will reimburse you for loss of or damage to your Stored Goods properly packed in Storage Boxes that have been tampered with while in our possession or stolen, up to a total maximum of US $1,000.00 in aggregate per User (the "Limited Security Warranty"). In order to be eligible for the Limited Security Warranty, you must: (i) photograph your Stored Goods using the "add items feature" of the Site (in order to allow us to confirm the pre-packing condition of the Stored Goods); (ii) pack your Stored Goods into a Storage Box and place label printed from your account which contains a unique QR code that allows the user and Itimizit to track your Storage Box or Item; (iii) promptly examine your Storage Box and Stored Goods when Itimizit returns your Storage Boxes to you, and (iv) immediately notify the Itimizit representative who return-delivered your Storage Box in writing of any break in the Security Tape or Tag and loss of or damage to your Stored Goods at the time of delivery (subsections (i) through (iv) of this paragraph, collectively, the "Warranty Requirements").
Upon receiving notice of lost or damaged Stored Goods, Itimizit will investigate the cause of loss or damage. If Itimizit determines, in its sole discretion, that the loss or damage was due to unauthorized tampering with or access to the Stored Goods contained within your Storage Box, Itimizit will pay to you either (i) the cost of repair of the damaged Stored Goods (up to US $1,000.00 in aggregate per User), or (ii) the current replacement fair market value of the lost or damaged Stored Goods (up to US $1,000.00 in aggregate per User), whichever is less. Itimizit shall be entitled to require proof of the initial purchase price, repair cost, and/or replacement value, and/or fair market value of any damaged or stolen Stored Goods.
You agree that Itimizit shall have no liability for any loss of or damage to any Stored Goods if you breach or have breached any provision of the Agreement, or if you fail or have failed to comply with any of the Warranty Requirements above, including without limitation, any failure to add all the contents of a Storage Box under additional information and claim any missing or damaged Stored Goods prior to packing the Stored Goods into a Storage Box or any failure to notify Itimizit of any broken Tamper Proof Tape or Security Tag or lost or damaged Stored Goods immediately upon delivery. You shall not be entitled to any compensation for any damaged or missing Stored Goods that were returned to you in a Storage Box with unbroken Tamper Proof Tape or Security Tag, as determined by Itimizit. The Limited Security Warranty is not insurance and should not be considered a replacement or stand-in for any kind of insurance. We strongly encourage you to purchase insurance for all of your Stored Goods.
The Limited Security Warranty does not apply to, and Itimizit shall not in any event be liable for, any loss or damage that falls into the following categories: (i) loss or damage to the Stored Goods which does not arise as a direct consequence of any breach of this Agreement by Itimizit or any deliberate or grossly negligent act or omission on the part of Itimizit or its contractors; (ii) loss of or damage to any Prohibited Goods (as defined in the Agreement); (iii) loss of business, sales, revenue, profits or anticipated savings; (iv) loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused; (v) loss or damage due to emotional distress; or (vi) consequential damages of any character; or (vii) loss of or damage to Stored Goods in connection with any Force Majeure Event (as defined in the Agreement).