Christine’s Closet Storage, LLC
Terms of Use
Last Updated 2/2/2022
PLEASE READ THESE TERMS OF USE RELATING TO YOUR USE OF THE SITE. YOU AGREE TO THESE TERMS OF USE BY USING THE SITE. DO NOT USE THE SITE OTHERWISE.
Christine’s Closet Storage, LLC (“Christine’s Closet,” “we” and “us”) reserves the right to modify these Terms of Use at any time without notification. Your use of the Site binds you to the Terms of Use as modified by Christine’s Closet at any time, whether or not you have reviewed the changes. By using this site after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them.
SCOPE OF TERMS OF USE
Christine’s Closet provides offsite pick-up and storage services for clothing/accessories, household goods, sporting goods, and seasonal items (“Service”). By accessing this site or using the Service, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use, whether or not you become a user of the Service. These Terms of Use govern your access to and use of the Service and all Service content and constitute a binding legal agreement between you and Christine’s Closet. These Terms of Use (“Terms”) as well as Christine’s Closet Storage’s Privacy Policy at [link] will apply to your use of all of the web sites, social media accounts, content and services owned or operated by Christine’s Closet now or in the future (collectively, “the Site”).
TERMS AND CONDITIONS
THIS SITE AND SERVICE COMPRISE AN ONLINE PLATFORM THROUGH WHICH CUSTOMERS MAY REQUEST STORAGE FOR PERSONAL BELONGINGS AND MAY BOOK PICK-UPS DIRECTLY WITH CHRISTINE’S CLOSET. YOU UNDERSTAND AND AGREE THAT Christine’s Closet IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND THIRD PARTIES, NOR IS Christine’s Closet A BROKER, AGENT OR INSURER. Christine’s Closet HAS NO CONTROL OVER THE CONDUCT OF OTHER USERS OF THIS SITE OR SERVICE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO BECOME A CUSTOMER OF Christine’s Closet OR RECEIVE A SERVICE FROM Christine’s Closet, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH Christine’s Closet IS LIMITED TO BEING A CUSTOMER AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF Christine’s Closet FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF Christine’s Closet. AS A USER OF THIS SITE OR CUSTOMER OF THE SERVICE, YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF Christine’s Closet, INCLUDING BY INAPPROPRIATELY USING ANY Christine’s Closet INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ENGAGING IN AN ACTIVITY VIA THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICE, WHETHER OR NOT YOU ARE A REGISTERED USER OR CUSTOMER. If you accept or agree to these Terms of Use on behalf of a company or other legal entity by continued use of the Service, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
PERMITTED Access
By using the Site, you represent that you are over 18 years old.
Christine’s Closet hereby grants you a non-exclusive, non-transferable, limited right to access, use and display the Site for your own personal, non-commercial use or your internal commercial use only. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. Christine’s Closet reserves the right to restrict your access to part or all of the Site (including any password-protected areas) at any time without notice or liability to Christine’s Closet.
How the Service Works
The Service can be used to facilitate the storage of clothing/accessories, decorations, household goods, sporting goods, and seasonal items (“Items”). Christine’s Closet does not own, sell, resell, furnish, provide, rent, re-rent Items. Unless explicitly specified otherwise, Christine’s Closet’s responsibilities are limited to providing and facilitating the availability of the Service.
Account Registration
In order to access certain features of the Service, and to book a Service, you must register to create an account (“Christine’s Closet Account”) and become a Registered User. You may register to join the Service directly via the Site.
Your Christine’s Closet Account and your Christine’s Closet Account profile page will be created for your use of the Service based upon the personal information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Christine’s Closet reserves the right to suspend or terminate your Christine’s Closet Account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Use.
Registered Users
Some portions of the Site are accessible only to users who have provided certain personal information and obtained a valid user ID and password (“Registered Users”). You agree that you will not attempt to gain access to the restricted portions of the Site if you are not a Registered User.
Registered Users may upload personal information that Christine’s Closet may view.
Further, Registered Users are responsible for maintaining the confidentiality of their user ID and password, if any. Registered Users agree to notify us upon discovery of any unauthorized use of their ID or password. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Christine’s Closet Account, whether or not you have authorized such activities or actions. You will immediately notify Christine’s Closet of any unauthorized use of your Christine’s Closet Account.
PROHIBITED ITEMS
You may not request storage of any contraband, controlled substances, hazardous, inflammable, combustible or explosive fluid, material, chemical or substance.
Third Party Integrations
Company may link to or offer third-party services on its website or otherwise through the Service. Some portions of the Christine’s Closet platform implement [Payment Method], Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
Any purchase, enabling, or engagement of third-party services, including but not limited to implementation, customization, consulting services, and any exchange of personal data between you and any third-party service, is solely between you and the applicable third-party service and is subject to the terms and conditions of such third-party service. Christine’s Closet does not warrant, endorse or support third-party services and is not responsible or liable for such services or any losses or issues that result as your use of such services. If you purchase, enable or engage any third-party service for use in connection with the Service, you acknowledge that Christine’s Closet may allow providers of those third-party services to access your personal data used in connection with the Service as required for the interoperation of such third-party services with the Service. You represent and warrant that Your use of any third-party service signifies your independent consent to the access and use of your personal data by the third-party service provider, and that such consent, use, and access is outside of Christine’s Closet’s control. Christine’s Closet will not be responsible or liable for any disclosure, modification or deletion of personal data resulting from any such access by third-party service providers. [WEBMASTER MAY INCLUDE A POP-UP DIALOG BOX ADVISING THE CUSTOMER WHEN THEY ARE LEAVING THE CATHERINE’S CLOSET SITE AND GOING TO A THIRD-PARTY SERVICE SITE.]
Payment Processing Errors [BASED ON Payment Method]
We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Cancellations and Refunds
If you wish to cancel a confirmed booking made via the Service, we may refund the booking and Service fee (“Fee”) and other amounts incurred and charged to you up to the cancellation date (with the exception of a breach by you).
In certain circumstances, Christine’s Closet may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Service. You agree that Christine’s Closet will not have any liability for such cancellations.
Damage to Property [INSURANCE REVIEW]
You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Items. In the event that you claim otherwise and provide evidence of damage (“Damage Claim”), including but not limited to photographs, [you agree to pay the cost of repair, including replacement of damaged items, if applicable.]
You agree to cooperate with and assist Christine’s Closet in good faith, and to provide Christine’s Closet with such information and take such actions as may be reasonably requested by Christine’s Closet, in connection with any Damage Claims or other complaints or claims made relating to Items or with respect to any investigation undertaken by Christine’s Closet or a representative of Christine’s Closet regarding use or abuse of the Site or the Service.
You understand and agree that Christine’s Closet may make a claim under any relevant insurance policy of yours related to any damage or loss that you may have caused. You agree to cooperate with and assist Christine’s Closet in good faith, and to provide Christine’s Closet with such information as may be reasonably requested by Christine’s Closet, in order to make a claim under your insurance policy, including, but not limited to, executing documents and taking actions reasonably requested by to assist Christine’s Closet in accomplishing the foregoing.
COMMUNICATIONS
You may send and receive encrypted private messages with Christine’s Closet. These messages will be stored on our server for [45 days] and then be automatically deleted.
proprietary rights
The Site is protected by national and international copyright and trademark laws, and includes the property of Christine’s Closet and any other owners. You may access the Site solely for your own personal, non-commercial use or your internal commercial use, provided, however, that you do not modify, copy, publish, display, transmit, reverse engineer, adapt or in any way exploit the content of the Site. You must follow and observe all copyright notices and restrictions on the Site.
The Site, Service, and the Christine’s Closet content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Service and Christine’s Closet content, including all associated intellectual property rights, are the exclusive property of Christine’s Closet and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service, or Christine’s Closet content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Christine’s Closet used on or in connection with the Site, Service, and Christine’s Closet content are trademarks or registered trademarks of Christine’s Closet in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Service, and Christine’s Closet content are used for identification purposes only and may be the property of their respective owners.
Booking Term
This Agreement shall be effective for a [90-day] term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Christine’s Closet terminate the Agreement as described below.
Termination for convenience
You may terminate your use of the Service at any time [via the “Cancel Account” feature on the Site] or by sending us an email with [30 days’] notice. If you cancel your Christine’s Closet Account, any confirmed bookings will be automatically cancelled. [Members will not receive a refund of any Membership fees.] Without limiting our rights specified below, Christine’s Closet may terminate our relationship with you for convenience at any time by giving you 30 days’ notice via email to your registered email address.
Termination for breach, suspension and other measures
Either you or we can terminate our relationship for breach by providing the other party with written notice of the alleged breach and providing the allegedly breaching party a 30-day opportunity to cure the alleged breach, If, after 30 days of written notice, the allegedly breaching party has not cured the alleged breach, the non-breaching party may terminate our relationship immediately.
Christine’s Closet may immediately, and without notice, terminate your use of the Service if (i) you have materially breached these Terms of Use or our Policies, including but not limited to any breach of your warranties outlined in these Terms of Use, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Christine’s Closet Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Christine’s Closet believes in good faith that such action is reasonably necessary to protect the safety or property of other persons, Christine’s Closet or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Christine’s Closet may deactivate or delay Listings, reviews, or other content, cancel any pending or confirmed bookings, limit your use of or access to your Christine’s Closet Account and the Service, temporarily or permanently revoke any special status associated with your Christine’s Closet Account, or temporarily or permanently suspend your Christine’s Closet Account if (i) you have breached these Terms of Use or our Policies, including material and non-material breaches, or (ii) Christine’s Closet believes in good faith that such action is reasonably necessary to protect the safety or property of other persons, Christine’s Closet or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Christine’s Closet and an opportunity to resolve the issue to Christine’s Closet’s reasonable satisfaction.
Survival
If you or we terminate your Christine’s Closet Account, your use of the Service or (with respect to Christine’s Closet only) this Agreement, the provisions of these Terms of Use that reasonably should survive termination of the Agreement will remain in effect.
Disclaimers
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Christine’s Closet DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY CUSTOMER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY YOU OR OTHER CUSTOMERS OR GUARANTEE THAT A customer WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Christine’s Closet EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Christine’s Closet MAKES NO WARRANTY THAT THE SERVICES OR CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Christine’s Closet OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, including any information communicated verbally at any of Christine’s Closet locations by any representative of Christine’s Closet.
NEITHER Christine’s Closet NOR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NEITHER CHRISTINE’S CLOSET NOR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT christine’s closet OR ANY OF ITS AFFILIATES, LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, YOUR BOOKING OF THE SERVICE REMAINS WITH YOU. NEITHER CHRISTINE’S CLOSET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, OR BOOKING OF ANY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHRISTINE’S CLOSET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL CHRISTINE’S CLOSET’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICE, OR FROM THE USE OF OR INABILITY TO USE THE SERVICE AND IN CONNECTION WITH THESE TERMS OF USE, EXCEED THE AMOUNTS YOU HAVE PAID, OWE OR RECEIVED FOR BOOKINGS VIA THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE THE BASIS OF THE BARGAIN BETWEEN CHRISTINE’S CLOSET AND YOU.
Liability and limitation of damages
Company shall not be liable for any loss or destruction of or damage to Goods, however caused, unless such loss, damage or destruction resulted from Company’s failure to exercise such care in regard to Goods as a reasonably careful person would exercise under like circumstances. Company is not liable for damages which could not have been avoided by the exercise of such care. Due to their fragile nature and the nature of the work being performed, the Company does not cover damage to refrigerators, appliances, glass, ceramics, particle board furniture, flooring, walls, driveways, yards, or plants. The Company is not liable for the contents of containers not packed by our employees or contractors, and the Company is not liable for damage resulting from improper preparation/packing by customer. The Company can assist in the disassembly and reassembly of furniture and appliances, but You assume any risk relating to any damages, related damages, or voidance of warranties. Please double check appliance connections as we are not responsible for resulting damage including water leaks. In some cases tracking soil onto flooring is inevitable, we are not responsible for any resulting damage. Our liability for damage on loading jobs, when no transportation of goods is performed by Christine’s Closet Storage, terminates once the truck has been loaded. In addition, You release Company from any responsibility for any loss, liability, claim, expense, damage to Goods or injury to persons that could have been insured against. You expressly agree that the carrier of any insurance obtained by You shall not be subrogated to any claim You have against the Company.
The Company is not responsible for any articles injured or broken, unless packed by its employees and unpacked by them at the time of delivery. The Company will not be responsible for mechanical or electrical functioning of any article such as but not limited to, pianos, radios, phonographs, television sets, clocks, barometers, mechanical refrigerators or air conditioners or other instruments or appliances whether or not such articles are packed or unpacked by the Company.
No liability of any kind shall attach to this Company for any damage caused to the goods by inherent vice, moths, vermin or other insects, rust, fire, water, changes in temperature, fumigation or deterioration.
Company’s duty of care referred to in Section 9(a) does not extend to providing a sprinkler system at the Facility complex or any portion thereof. Company shall not be required to store Goods in a heated, air-conditioned, or humidity-controlled environment. The company’s definition of “Climate-Controlled” is an environment where measures are taken to avoid the peaks and lows in temperature experienced outside.
The Company is not responsible for any changes in conditions due to power outages.
STANDARD COVERAGE: IN THE EVENT OF LOSS OR DESTRUCTION OF OR DAMAGE TO GOODS FOR WHICH COMPANY IS LEGALLY LIABLE, THE COMPANY’S LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING: (1) THE ACTUAL COST TO YOU OF REPAIRING, REPLACING, AND/OR RESTORING THE LOST, DAMAGED, AND/OR DESTROYED GOODS TOGETHER WITH TRANSPORTATION COSTS TO THE FACILITY, OR (2) $0.60 PER POUND FOR SAID LOST, DAMAGED, AND/OR DESTROYED GOODS. UNLESS YOU AFFIRMATIVELY SELECT AND PAY FOR THE ACTUAL CASH VALUE PROTECTION (ACVP) COVERAGE PRIOR TO THE COMPANY’S ACCEPTANCE OF CUSTODY OF GOODS, THE STANDARD COVERAGE SHALL APPLY TO ALL GOODS AND THE REMEDIES SET FORTH IN THIS SECTION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF COMPANY’S OBLIGATIONS SET FORTH IN THIS SECTION.
FULL REPLACEMENT VALUE COVERAGE: IF YOU SELECT AND PAY FOR THIS COVERAGE PRIOR TO THE COMPANY’S ACCEPTANCE OF CUSTODY OF GOODS ON THE PICK UP DATE, YOU MAY INCREASE COMPANY’S LIABILITY ON PART OR ALL OF THE GOODS IN WHICH CASE AN INCREASED CHARGE SHALL BE MADE BASED UPON SUCH INCREASED VALUATION. IF YOU CHOOSE TO INCREASE THE COMPANY’S LIABILITY YOU MUST AGREE TO AND SIGN THE CUSTOMER’S DECLARATION OF VALUE (INCLUDING THE TERMS THEREIN) PRESENTED TO YOU AT OR BEFORE PICK UP, WHICH SHALL STATE THE TOTAL AGGREGATE VALUE OF GOODS COVERED. IN THE EVENT OF LOSS OR DESTRUCTION OF OR DAMAGE TO GOODS FOR WHICH COMPANY IS LEGALLY LIABLE, THE COMPANY’S LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING: (1) THE ACTUAL COST TO YOU OF REPAIRING, REPLACING, AND/OR RESTORING THE LOST, DAMAGED, AND/OR DESTROYED GOODS TOGETHER WITH TRANSPORTATION COSTS TO THE FACILITY, OR (2) THE TOTAL AGGREGATE VALUE OF THE GOODS COVERED AS STATED BY YOU, OR (3) THE MAXIMUM FULL REPLACEMENT VALUE COVERAGE SELECTED BY YOU. WITHOUT THE SELECTION AND PURCHASE OF THE FULL REPLACEMENT VALUE COVERAGE, YOU WILL BE LIABLE FOR ANY AMOUNT NOT COVERED BY COMPANY. NO SUCH REQUEST SHALL BE VALID UNLESS MADE BEFORE LOSS OR DESTRUCTION OF OR DAMAGE TO ANY PORTION OF GOODS HAS OCCURRED. IF REPLACEMENT COST IS PAID FOR A CLAIMED ITEM, THE COMPANY OR ITS AUTHORIZED AGENT HAS THE RIGHT TO SALVAGE OF THAT ITEM WITHIN 30 DAYS OF THE FINAL SETTLEMENT. THE COMPANY’S LIABILITY FOR THE LOSS OF ARTICLE(S) OF EXTRAORDINARY (UNUSUAL) VALUE IN EXCESS OF $100 PER POUND WILL BE LIMITED TO $100 PER POUND FOR EACH POUND OF SUCH LOST OR DAMAGED ARTICLE(S) (BASED ON ACTUAL ARTICLE WEIGHT), NOT TO EXCEED THE DECLARED VALUE OF THE GOODS.
ACTUAL CASH VALUE PROTECTION (ACVP) COVERAGE: ACVP IS THE DEPRECIATED VALUE OF AN ITEM OF PROPERTY AT THE TIME OF LOSS. ACTUAL CASH VALUE IS WHAT A BUYER WOULD BE WILLING TO PAY A SELLER FOR AN ITEM IN ITS CURRENT CONDITION IF NEITHER THE BUYER NOR THE SELLER WAS UNDER ANY DURESS TO COMPLETE THE SALE. IF YOU SELECT AND PAY FOR THIS COVERAGE PRIOR TO THE COMPANY’S ACCEPTANCE OF CUSTODY OF GOODS ON THE PICK UP DATE, YOU MAY INCREASE COMPANY’S LIABILITY ON PART OR ALL OF THE GOODS IN WHICH CASE AN INCREASED CHARGE SHALL BE MADE BASED UPON SUCH INCREASED VALUATION. IF YOU CHOOSE TO INCREASE THE COMPANY’S LIABILITY YOU MUST AGREE TO AND SIGN THE CUSTOMER’S DECLARATION OF VALUE (INCLUDING THE TERMS THEREIN) PRESENTED TO YOU AT OR BEFORE PICK UP, WHICH SHALL STATE THE TOTAL AGGREGATE VALUE OF GOODS COVERED. IF ANY ARTICLE IS LOST, DESTROYED, OR DAMAGED WHILE IN THE CARE, CUSTODY AND CONTROL OF THE COMPANY, WE WILL, AT OUR OPTION EITHER: (1) REPAIR THE ARTICLE TO THE EXTENT NECESSARY TO RESTORE IT TO THE SAME CONDITION AS WHEN IT WAS RECEIVED BY CHRISTINE’S CLOSET STORAGE, OR PAY YOU FOR THE COST OF SUCH REPAIRS: OR (2) REPLACE THE ARTICLE WITH AN ARTICLE OF LIKE KIND AND QUALITY, OR PAY YOU THE DEPRECIATED VALUE FOR A REPLACMENT. ACVP SHALL BE MAXIMIZED BY THE LEVEL OF COVERAGE SELECTED BY YOU. WITHOUT THE SELECTION AND PURCHASE OF ACVP, YOU WILL BE LIABLE FOR ANY AMOUNT NOT COVERED BY COMPANY. NO SUCH REQUEST SHALL BE VALID UNLESS MADE BEFORE LOSS OR DESTRUCTION OF OR DAMAGE TO ANY PORTION OF GOODS HAS OCCURRED. IF REPLACEMENT COST IS PAID FOR A CLAIMED ITEM, THE COMPANY OR ITS AUTHORIZED AGENT HAS THE RIGHT TO SALVAGE OF THAT ITEM WITHIN 30 DAYS OF THE FINAL SETTLEMENT. THE COMPANY’S LIABILITY FOR THE LOSS OF ARTICLE(S) OF EXTRAORDINARY (UNUSUAL) VALUE IN EXCESS OF $100 PER POUND WILL BE LIMITED TO $100 PER POUND FOR EACH POUND OF SUCH LOST OR DAMAGED ARTICLE(S) (BASED ON ACTUAL ARTICLE WEIGHT), NOT TO EXCEED THE DECLARED VALUE OF THE GOODS.
The Standard Coverage shall apply to the storage of Your Goods while such Goods are in the custody and control of the Company. The Company’s liability referred to in Section 9 shall be Your exclusive remedy against Company for any claim or cause of action whatsoever relating to loss and/or destruction of and/or damage to Goods and shall apply to all claims including shortage and mysterious disappearance claims unless You prove by affirmative evidence that Company converted Goods to its own use. You waive any rights to rely upon any presumption of conversion imposed by law. All liability and coverage for Goods under Section 9 shall cease upon the earlier of the expiration or termination hereunder; or the date that such Goods are returned. Company shall not be liable under any circumstances for Goods that are prohibited under Section 3(a).
IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE WHATSOEVER AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF THIS CONTRACT AND THESE TERMS & CONDITIONS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY UNDER THIS CONTRACT AND THESE TERMS & CONDITIONS INCLUDING, BUT NOT LIMITED TO, COMPANY’S LIABILITY UNDER SECTION 9 OF THIS CONTRACT AND THE TERMS & CONDITIONS, EXCEED THE TOTAL AMOUNT PAID TO COMPANY PURSUANT TO THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
You shall indemnify, defend and hold harmless Company from and against any and all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims, demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with, Your breach of any obligations hereunder.
This section sets forth each party’s sole liability and entire obligation and each party’s exclusive remedy for any action that is brought against the breaching party.
Product insurance
Company does not insure Goods and the storage rates do not include insurance on Goods. You have the responsibility to obtain and maintain insurance on Goods equal to the actual full value of the stored Goods against loss and damage.
Indemnity
You agree to release, defend, indemnify, and hold Christine’s Closet and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Service, or Christine’s Closet content or your violation of these Terms of Use; (b) your content; (c) your (i) interaction with any Customer or representative of Christine’s Closet, (ii) Listing of your Items, or (iii) creation of a Listing; and (d) the use, condition or storage of your Items, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or use of an Item.
Privacy Policy
We are committed to protecting your privacy and security. We also have the right, but not the obligation, to monitor the information submitted through the Site to determine compliance with these Terms of Use, any other agreements between the parties, and compliance with any law, regulation or authorized government request. Please read our Privacy Policy at [link].
Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Christine’s Closet’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Christine’s Closet may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
CONTACT
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Christine’s Closet (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Force Majeure
We are not responsible for delays or any failure in performance resulting from acts beyond the control of Christine’s Closet. Such acts include, but are not limited to, acts of God, strikes, acts of war, pandemics, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.
Governing Law
These Terms of Use will be governed by and construed in accordance with the laws of Texas. Accordingly, the laws of Texas will be used exclusively to construe, govern, and enforce these Terms of Use, excluding all conflict of laws rules. Except as provided in the INJUNCTIVE RELIEF provision, any action related to or arising out of these Terms of Use will be filed only in the Texas courts and you consent to the exclusive jurisdiction of the state and federal courts located in Texas.
Injunctive Relief
In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that Christine’s Closet will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Christine’s Closet may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the governing law provision, will apply the laws of its own jurisdiction in determining whether Christine’s Closet will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Christine’s Closet’s rights to relief either in law or at equity.
Miscellaneous
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Entire Agreement
Except as they may be supplemented by additional Christine’s Closet policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms of Use constitute the entire and exclusive understanding and agreement between Christine’s Closet and you regarding the Site, Service, content, and any bookings or Listings of Properties made via the Service, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Christine’s Closet and you regarding bookings or listings of Properties, the Site, Service, and Content.
General
The failure of Christine’s Closet to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Christine’s Closet. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect.
