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(last updated July 2022)
Endless Storage LLC, a Delaware limited liability (hereafter referred to as “Endless”, “we”, “us”, or “our”) provides an online platform / service that connects users with storage needs (“Renters”) with our virtually managed online storage platform to facilitate the on-demand shipping, storage and return of their Stored Items (as defined below), as needed (collectively, the “Services”).
The terms “Service” or “Services” refer to any services we offer, both now and in the future, and including any and all of Endless’ web applications, mobile applications, and other software, helpdesk services, telecommunications services, beta versions, and the web site accessible at www.endless-storage.com and any and all of its associated content (collectively, the “Site”) as well as any and all marketing channels where Content may be disseminated in Endless’ sole discretion. The terms “you” or “your” refer to the users of the Endless Service, including, butnot limited to, Renters. The terms “Manager”, “Storing” and “Facility” or “Facilities” refer to the person and/or entity engaged in the act of storing or agreeing to store and/or receiving the Stored Items, and the act of storing or agreeing to store the Stored Items, and the self-storage facilities where the Stored Items are ultimately stored pursuant to Endless’ respective agreements with the owners/operators of self-storage facilities (collectively “Owners”), respectively, in accordance with these Terms and any separate rental agreement(s) or other agreements entered into between Endless and Renters, if applicable.
The terms “Renter” and “Renting” refer to the person engaging in a temporary lease to store Stored Property via Endless’ Services, and the act of engaging in and entering into a temporary lease for Storage of a Stored Item or Items at one of the Facilities via the Endless Service, respectively, in accordance with the terms of the rental agreement as described herein. The terms “Stored Item” or “Stored Items” refer to the property or goods of the Renter that are stored at the Facilities via the Endless Services. The term “Booking” refers to a confirmed transaction between Endless and Renter whereby Renter contracts to store its Property at one or more the Facilities via the Endless Services.
“Content” means all Content that Endless makes available through the Site, or any other channel or medium, including any Content licensed from a third party. “Content” means text, graphics, images, software, audio, video, information or other materials.
YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL OF THESE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION PROVISION SET FORTH HEREIN BELOW
Endless provides a simple and cost-effective service whereby a Renter with Storage needs can quickly and conveniently arrange to ship and store their personal possessions in one or more secure, climate-controlled self-storage facilities owned and/or operated by various entities with which Endless has entered into agreements relating to the use of such storage space for said purposes, and when needed/ready request the return of such items via mail. All Stored items are shipped to and from endless via UPS (or other similar carrier services, in Endless’ sole discretion) and received by or on behalf of Endless at one of the Facilities. While it is likely that Stored Items will be physically stored in Facilities located in New Jersey, Endless reserves the right to store any Stored Items at any one of the Facilities, and the ultimate determination as to where any given Stored Item or Stored Items are physically held is solely made by Endless.
By using Endless’ Site or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you ultimately end up being a user of any of Endless’ Services. These Terms govern your access to and use of the Site and Content, and ultimately, should you so decide, all other Endless Services, and constitute a binding legal agreement between you the Renter, and Endless. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site or any Content. Unauthorized or improper use of the Services or a violation of the Terms set forth herein may result in you being banned from the Site and any use of the Services, any of Endless’ service platforms or other services, whether in existence now or in the future, and may subject you to civil liability and/or criminal penalties.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING ENDLESS’ SITE OR SERVICES OR BY DOWNLOADING OR USING ANY CONTENT FROM OR ON THE SITE OR OBTAINED THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES, OR BY REFERRING OTHERS, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, APP, OR SERVICES, AND WHETHER OR NOT YOU ARE IN FACT AN ACTUAL ULTIMATE USER OF ANY THEREOF. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE SERVICES, OR CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY, AND ITS SUCCESSORS AND ASSIGNORS.
The Site and the Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 years of age or older. This is a material term of these Terms.
If you wish to ultimately use the Site or any of the Services you must register and create an account with Endless as a prerequisite to any such use. Notwithstanding this registration requirement, these Terms shall also apply to any unregistered visitors to the Site, and such unregistered visitors similarly agree to be bound by all applicable terms and conditions set forth herein.
In order to use the Services as a customer, you must register to create an account (“Account”) with Endless. Registration and creation of an Account may be done through the Site, or through other methods or channels, as Endless may make available from time to time. As part of this registration process, you will be required to provide us with certain personal information in order to complete said registration.
YOUR RELATIONSHIP WITH ANY THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH ANY OF YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Endless makes no effort to review any Social Networking Service (“SNS”) Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Endless is not responsible for any SNS Content.
Upon completion of all applicable registration forms and submission of all required information, We will create your Account and, if applicable, profile page for your use of the Site and Services based upon the personal information you provide to us as described above. You may not have more than one (1) active Account at any time. 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. Endless reserves the right to suspend or terminate your Account and your access to the Site and Services without cause or notice, and in Endless’ sole discretion, prohibit or ban any individual or entity from further or future use of the Services. Some possible reasons for termination include but are not limited to: (1) if you create more than one Account; (2) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and (3) breach of these Terms. Termination of an Account may result in forfeiture and destruction of all information associated with such Account. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, limitations of liability, and indemnity.
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 Account, whether or not you have authorized such activities or actions. Endless shall in no way be responsible for any unauthorized third party activities or actions under your Account. You will immediately notify Endless of any unauthorized use of your Account by emailing email@example.com.
Endless is an equal-opportunity service provider and does not discriminate on the basis of age, ancestry, citizenship, ethnicity, family-care status, gender identity, gender expression, marital status, medical condition, disability, race, religion, sex, sexual orientation, faith or veteran status. By accessing the site and / or using any of the Services provided by Endless, all Renters and visitors hereby agree and acknowledge that they are bound by this non-discrimination section and must at all times with all applicable, local, state and Federal laws with respect to non-discrimination and related matters.
Upon creation of an Account opting to utilize Endless’ storage Services, you agree to pay all applicable fees and charges associated with such services at the rates then in effect at such time, as set forth on the Site or in other form by Endless (collectively, the “Rental Fees”). Timely payment of all Rental Fees is an express condition of use of the Services. By creating an account and opting to utilize the Services, you hereby agree to authorize Endless to charge the Rental Fees, in the then applicable amount to the credit card, bank account, or other source of payment on file (the “Payment Source”) in connection with your Account, automatically on a month-to-month basis for each month you are utilizing the Services. The amount drawn automatically from the applicable Payment Source is anticipated to be the Rental Fess currently in effect in a given month (per transaction), plus any and all applicable taxes, and such amount will be drawn from the Payment Source on the first (1st) day of each month in which you are utilizing the Services. No refunds of Rental Fees are able to be given, and upon payment of the applicable Rental Fees for a given month, such payment shall be retained in full by Endless, even if you opt to cease your use of the Services prior to the end of said month.
It is anticipated that all Rental Fees will be posted on the Site, and will be updated on the Site from time to time to reflect any changes to such fees, and any such changes shall automatically be applied to a Renter’s account and, assuming the Renter is continuing the use of the Services in the following calendar month, such changes to the Rental Fees shall take effect and be charged commencing with the first day of said next calendar month, or, with respect to the next applicable Rental Fee payment due from the Renter to Endless.
You agree to disclose the items you wish to store upon use of the Service. You further agree to disclose the name and contact information of any person or entity that has a lien or other security interest in any of the items you wish to store. If you wish to store additional items or remove items at any time, you agree to disclose those changes, and provide similar information regarding any new property to be stored, via the Site or Services, including changes related to any person or entity holding a lien or other security interest in the Stored Items. You acknowledge and agree that Endless is not liable for undisclosed items and you accept liability for any damages caused to the Endless and/or Owner’s space or property by any undisclosed items.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Endless cannot and does not offer tax-related advice to any users of the Site and Services.
RENTER AGREES NOT TO USE THE SITE OR SERVICES FOR ANY UNLAWFUL PURPOSE. THE SERVICES ARE TO BE USED BY RENTER ONLY FOR STORAGE OF PERSONAL PROPERTY. USE OF THE SPACE FOR ANY PURPOSE OTHER THAN FOR LAWFUL STORAGE OF PERSONAL ITEMS IS EXPRESSLY PROHIBITED. STORAGE OF THE FOLLOWING ITEMS IS EXPRESSLY PROHIBITED (EACH IS A “PROHIBITED ITEM”):
EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS;
PESTICIDES, ENVIROMENTALLY HAZARDOUS MATERIALS OR OTHER TOXIC CHEMICALS;
WASTE OF ANY KIND;
FIREARMS OR AMMUNITION;
DRUGS OR ANY ILLEGAL SUBSTANCES OR GOODS;
STOLEN GOODS OR OTHER CONTRABAND;
PERISHABLE FOOD ITEMS, SPOILED FOOD, LIVING OR DECEASED ANIMALS, INFESTED ITEMS, OR MOLDY ITEMS;
ANY ITEM THAT EMITS FUMES OR A STRONG ODOR;
ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE OWNER OF ANY FACILITY AS EXPRESSLY PROHIBITED;
ANY OTHER ITEMS, THE POSSESSION, USAGE, TRANSPORT OR STORAGE OF WHICH MAY VIOLATE IN ANY WAY APPLICABLE LAWS, RULES, OR REGULATIONS.
Endless reserves the right to update this Section (and all aspects/sections of these Terms) at any time and upon no notice, in Endless’ sole discretion.
Renter will be in “Default” under these Terms if:
(a) Renter has failed to pay any sum when due under these Terms, or
(b) Renter has failed to notify Endless of a change in Renter’s address, e-mail address, or phone number as required in these terms; or
(c) Renter has provided false or incorrect information to Endless; or
(d) Renter has failed to comply, or upon reasonable suspicion has failed to comply with any other provision of these Terms, or any supplemental rules promulgated by Endless; or
(e) Renter has violated, or upon reasonable suspicion has violated health, safety or criminal laws, regardless of whether arrest or conviction has occurred. Failure of Endless to enforce or immediately enforce any of these Terms shall not constitute waiver of such Term(s).
If Renter is in Default, Endless shall take reasonable steps, in Endless’ sole discretion to notify Renter of such Default and provide Renter a reasonable opportunity to cure such Default. Renter hereby agrees and acknowledges that the determination of reasonableness and the opportunity to cure / permitted cure method are within the sole and absolute discretion of Endless and that Endless reserves all rights to make decisions on a case by case basis with respect to Default situations, depending on, the nature of said Default, potential dangers/hazards that such Default might create, and all other relevant factors. If Renter fails to cure such Default, after receiving such notice and opportunity to cure, Endless may, in addition to any other remedies it may have at law or in equity, exercise one or more of the following remedies:
(a) Deny Renter further access to use of the Services and/or deny Renter access to Renter’s Stored Property until such default is cured;
(b) Terminate Renter’s use of the Service by giving Renter three (3) days’ notice and returning any Stored Property of Renter’s being held by Endless;
(c) Collect charges as appropriate and exercise any other remedy allowed by law;
(d) Enforce any lien, whether such lien is statutory or contractual, including the Lien(s) described herein, held by Endless, by seizure and disposal (including but not limited to a sale) of any and all Stored Items and any other personal property via the Services, pursuant these Terms, or applicable laws, rules and regulations, by nonjudicial foreclosure under the Facility’s local and state codes, as long as applicable fees have not been paid for a period of 60 consecutive days. Seizure and disposal (including but not limited to a sale) under this subsection (d) will only be for default in paying sums due to Endless or otherwise due for any booking through the Site or Services. Endless may accept partial payments but only payments in full, including applicable fees and costs, will stop enforcement of Endless’ lien, including the Lien. Sale of the Stored Items in the Space may be accomplished using an online storage auction, and Renter waives any claims, statutory or otherwise, arising out of any allegation that the online storage auction was contrary to any statutory or common law provision related to disposition of the Stored Items.
(e) After seizure, any attempt to reclaim the seized property by Renter without paying in full the sums due Endless, including applicable fees, may result in Endless pursuing prosecution for such act.
Any seizure/lien enforcement remedies shall at all times be conducted by Endless in accordance with applicable local, state and federal law, as the case may be.
If Renter fails to make any applicable payment hereunder, or such payment is denied, returned, refunded, charged-back or invalidated, Endless may impose and charge a fee of $25 for each such failed payment and, in addition to such fee, interest will accrue on all such failed and late amounts at a rate of 18% per annum until paid in full 1.5% per month). Endless may, in its sole discretion and in accordance with applicable law, refer any collection efforts, including efforts resulting from a violation of the Terms, to a third-party collection agency. In the event of any collection efforts, proceedings or suits related to the collection of any unpaid balance, the Renter further agrees to pay all other (a) costs of collection, (b) costs of removal or disposal of Stored Items, (c) costs of cleaning to restore the any space at any applicable Facility to its original condition, (d) costs to repair any damages made to any Facility, (e) court costs and reasonable attorney fees and (f) fees associated with a third-party collection agency, in addition to, the collection fee. The terms of this paragraph shall apply to all amount(s) incurred by Endless.
Renter has provided Endless with certain contact information, including, but not limited to a cell/mobile phone number, mailing address and and email address. Renter hereby gives its express consent to Endless and its affiliates, agents and service providers to use written, electronic or verbal means to contact Endless. This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems about current or future services available to Renter. Renter may revoke its consent to Endless to contact Renter by any of the above-described methods or otherwise restrict permissions as provided in this form by contacting Endless by email at firstname.lastname@example.org
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND TAX OBLIGATIONS THAT MAY APPLY TO YOUR USE OF THE SITE, SERVICES AND CONTENT.
In connection with your use of our Site and Services, you may not and you agree that you will not:
1) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
2) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
3) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
4) Copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
5) infringe the rights of any person or entity, including without limitation, its intellectual property, privacy, publicity or contractual rights;
6) interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
7) use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without its permission, personal contact information or credit, debit, calling card or account numbers;
8) use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
9) “stalk” or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting with Endless;
10) register for more than one Account or register for an Account on behalf of an individual other than yourself;
11) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
12) use automated scripts to collect information or otherwise interact with the Site or Services;
13) use the Site and Services to find a storage opportunity in order to circumvent the obligation to pay any fees related to Endless’ provision of the Services;
14) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
15) systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
16) use, display, mirror or frame the Site, or any individual element within the Site or Services, Endless’ name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Endless’ express written consent;
17) access, tamper with, or use non-public areas of the Site, Endless’ computer systems, or the technical delivery systems of any of Endless’ providers;
18) attempt to probe, scan, or test the vulnerability of any Endless system or network or breach any security or authentication measures;
19) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Endless or any of Endless’ providers or any other third party (including another user) to protect the Site, Services or Content;
20) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Content to send altered, deceptive or false source-identifying information;
21) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Endless terminates these Terms, or your access to our Site and Services or deactivates or cancels your Account you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback you have provided to Endless.
IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ENDLESS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER/RENTER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES AND ALL CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ENDLESS 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. ENDLESS MAKES NO WARRANTY THAT THE SITE, SERVICES, CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY FACILITY, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE BASIS. ENDLESS MAKES NO WARRANTY REGARDING THE QUALITY OF FACILITIES, SPACE, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ENDLESS OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME AT ENDLESS’ SOLE AND ABSOLUTE DISCRETION
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, IF ANY, AND WITH ANY AND ALL OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT ENDLESS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY USERS OF THE SITE OR SERVICES OR TO REVIEW OR MAINTAIN ANY FACILITY. ENDLESS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, IF ANY AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. ENDLESS EXPLICITLY DISCLAIMS ALL LIABILITY, OF ANY KIND OR NATURE, FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
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 SITE, SERVICES AND CONTENT, BOOKING OF ANY SPACE IN ANY FACILITY VIA THE SITE AND SERVICES, AND ANY CONTACT YOU MAY HAVE WITH OTHER USERS OF ENDLESS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ENDLESS’ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT 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 SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR FROM YOUR RENTING OR BOOKING OF ANY SPACE VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENDLESS 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 ENDLESS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY FACILITY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR ANY BOOKINGS VIA THE SITE AND SERVICES AS A RENTER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ENDLESS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Endess, its affiliates and subsidiaries, and all of 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, Services, or Content or your violation or breach of these Terms;
(b) any Content you may create or upload;
(c) any injury occurring to any person or property as a result of the use of the Site or Services by you;
(d) your (i) interaction with any Endless personnel or staff or its agents or (ii) the use, condition or rental of any space by you, 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 rental, Booking or use of the Services;
(e) any dispute between you and another user of the Site or Services; and
(f) any infringement or misappropriation of any third party’s rights.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Endless is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Endless of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
You and Endless mutually agree and acknowledge that all claims and disputes arising under or relating to these Terms and Conditions, or the breach, termination, enforcement, or interpretation or validity thereof are to be settled by binding arbitration in the State of New Jersey or another location mutually agreeable to the parties, and not in a court of law. Such arbitration will occur only after you and Endless have taken good faith efforts to resolve the dispute and such dispute has failed to be resolved. The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the “AAA”.
YOU AND ENDLESS BOTH WAIVE THE RIGHT TO TRIAL BY JURY IN ALL ARBITRABLE DISPUTES. You and Endless also both acknowledge and agree that we are each waiving the right to participating as a plaintiff or class member in any purported class action or representative proceeding in all such disputes. Further, unless You and Endless otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.
Exceptions to this arbitration provision include (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Any claim in exception to the above agreement to arbitration shall be brought into judicial proceeding in a court of competent jurisdiction in New Jersey.
If any portion of this arbitration provision is found to be unenforceable or unlawful, those unenforceable or unlawful portions shall be severed from these terms. The severance of unenforceable or unlawful portions of this arbitration provision shall not have any impact on the remainder of the arbitration provision, which shall be given full force and effect.
To the extent any disputed matter arising out of or relating to these Terms is deemed to not be subject to these arbitration provisions, such portion of any disputed matter shall be brought exclusively in the federal and state courts located within the State of New Jersey, and the parties do hereby submit to the exclusive jurisdiction of those courts.
Endless reserves the right, in its sole discretion, to modify the Site or Services or to modify these Terms, including the fees due hereunder at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or update you via the Services, or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound (or continue to be bound) by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
These Terms are the final and complete integration of the parties’ agreement as it relates to the topics addressed in these Terms. If these Terms become subject to any litigation or arbitration, the prevailing party in any such litigation or arbitration will be entitled to recover its reasonable attorneys’ fees and court or arbitration costs from the non-prevailing party. Endless will not be deemed to have waived any portion of these Terms because of its delay or other failure to assert its rights under these Terms, unless the waiver is in writing and signed by Endless.
New Jersey Related Provisions
NOTE: WITH RESPECT TO THE FACILITIES LOCATED IN NEW JERSEY WITHIN WHICH STORED PROPERTY MAY BE KEPT, IT IS HEREBY ACKNOWLEDGED AND UNDERSTOOD BY ALL RENTERS THAT SAID FACILITIES ARE IN NEW JERSEY ARE OPERATED IN ACCORDANCE WITH THE NEW JERSEY SELF-SERVICE STORAGE FACILITY ACT (L.1983.C.136.S.1) (THE “NJ ACT”) AND ACCORDINGLY, ALL APPLICABLE TERMS AND CONDITIONS OFF THE NJ ACT SHALL ALSO AUTOMATICALLY BE DEEMED TO APPLY TO ANY RENTER WHOSE STORED PROPERTY IS STORED IN ANY SUCH FACILITY. (TO THE EXTENT ANY FACILITIES ARE NOT LOCATED IN NEW JERSEY, THE EQUIVALENT SELF-STORAGE RELATED LAWS OF THE STATE WITHIN WHICH SUCH FACILITIES ARE LOCATED ARE HEREBY DEEMED INCORPORATED HEREIN BY REFERENCE TO THE MAXIMUM EXTENT PERMITTED BY LAW).
Under the terms of the NJ Act, subject to certain legal processes and procedures, if you do not pay any rent due and owing in connection with storage of property at a New Jersey self-storage facility, the Owner may have the right to sell any property stored at said facility to collect unpaid rent. Endless shall not in any way be responsible for advancing any rent on behalf of any Renter to any of the Owners of any of its Facilities, and, as such, in the event that any Renter fails to make any required payment or such payment is declined, Endless may, in its sole discretion, automatically, and upon no further notice to the Renter, opt to order the retrieval and return of said delinquent Renter’s Stored Property to said Renter and terminate any ongoing rental relationship with such delinquent Renter. However, Endless shall have no responsibility to affirmatively monitor such compliance / delinquency / return of Stored Property, and shall not be in any way responsible for any decisions or actions taken by the Owner of any of the Facilities with respect to any delinquent Renter.
To the maximum extent applicable by law, the following, as provided by New Jersey Law (with respect to any Facilities located in New Jersey), shall automatically be deemed to apply to all applicable Renters:
NOTICE OF LIEN UNDER NEW JERSEY STATUTES L.1983.C.136.S.1, ET SEQ., THE OWNER OF A SELF SERVICE STORAGE FACILITY SHALL HAVE A LIEN UPON ALL PERSONAL PROPERTY, WHILE LOCATED AT A SELF SERVICE STORAGE FACILITY, FOR RENT, OR OTHER CHARGES, PRESENT OR FUTURE, INCURRED FOR STORING SAID PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS ACT. THE LIEN PROVIDED FOR IN THIS SECTION IS SUPERIOR TO ANY OTHER LIEN OR SECURITY INTEREST; HOWEVER, ANY LIEN EXISTING PRIOR TO THE DATE THE PERSONAL PROPERTY WAS PLACED AT THE SELF SERVICE STORAGE FACILITY SUPERCEDES ANY LIEN OF THE OWNER. THE LIEN ATTACHES AS OF THE DATE THE PERSONAL PROPERTY IS PLACED AT THE SELF SERVICE STORAGE FACILITY. ANY OWNER SHALL NOT BE LIABLE TO AN OCCUPANT OR THIRD PARTY FOR THE REMOVAL OR SALE OF PERSONAL PROPERTY WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS NOTICE SHALL HAVE BEEN GIVEN TO THE OWNER BY THE OCCUPANT THAT THE PROPERTY PLACED IN THE LEASED SPACE WAS NOT THAT OF THE OCCUPANT. PRIOR TO PLACING ANY PERSONAL PROPERTY IN THE LEASED SPACE WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR UPON WHICH A PRIOR LIEN IS ATTACHED, THE OCCUPANT IS REQUIRED TO NOTIFY THE OWNER, IN WRITING, OF THE NATURE AND IDENTIFY OF ANY SUCH PROPERTY PLACED IN THE LEASED SPACE AND NAME, ADDRESS, PHONE, AND E-MAIL OF LIEN HOLDER.
For the purpose of OWNER’S LIEN: “personal property” means movable property, not affixed to land, and includes, but is not limited to, goods, merchandise, household items, motor vehicles or other property with or without a certificate of title. The Owner’s Lien is superior to any other lien or security interest, except those which are perfected and recorded prior to date of this rental agreement whether within this state and county or not, except any tax lien as provided by law. It is the occupant’s sole responsibility to disclose the existence of any lien on any stored item(s). “Last known address,” means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of change of address.
Additional Storage Terms and Conditions
Neither the Owner of any Facility, nor Endless, provide any type of insurance which would protect the Renter’s Stored Property from loss by fire, theft, or any other type of casualty loss, and it is the Renter’s personal responsibility to obtain such insurance at Renters sole expense. Should a Renter fail to obtain any such insurance, Renter assumes all risk associated with such decision to not obtain any such insurance, and hereby waives any claim against Endless or any Facility Owner with respect to any such casualty loss that may be incurred at any time with respect to any Stored Property. Renter expressly agrees that the carrier of any such insurance shall not be subrogated to any claim of Renter against Endless, the Owner of any Facility, or the agents/employees of any of the aforementioned.
AS A FURTHER CONSIDERATION FOR THE USE OF THE SERVICES, RENTER AGREES THAT ENDLESS, THE OWNERS OF ALL FACILITIES, ITS AGENTS, EMPLOYEES, AND ASSIGNS SHALL NOT BE LIABLE TO RENTER, HIS/HER AGENTS, GUESTS, LICENSES, OR INVITEES FOR ANY LOSS OR DAMAGE TO STORED PROPERTY CAUSED TO THEM OR TO THEIR STORED PROPERTY AS THE RESULT OF THE USE OF THE SERVICES. IT IS FURTHER AGREED THAT ANY STORED PROPERTY IS PLACED IN THE FACILITY(S) AT RENTER’S SOLE RISK. ENDLESS, THE FACILITY OWNERS, AND EACH OF THE AFOREMENTIONED’S AGENTS, EMPLOYEES, AND ASSIGNS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE TO SAID STORED PROPERTY FROM ANY CAUSE WHATSOEVER, INCLUDING THE ACTIVE OR PASSIVE ACTS, OMISSIONS, OR NEGLIGENCE OF ENDLESS, THE FACILITY OWNERS, AND EACH OF THE AFOREMENTIONED’SAGENTS, EMPLOYEES OR ASSIGNS. RENTER ACKNOWLEDGES THAT ENDLESS AND/OR THE FACILITY OWNERS, DO NOT WARRANT OR REPRESENT THAT STORED PROPERTY WILL BE SAFELY KEPT, NOR THAT IT WILL BE SECURE AGAINST HAZARDS CAUSED BY RODENTS, INSECTS, WATER, FIRE, MOLD, MILDEW, OR THE ELEMENTS OF WEATHER OR EARTHQUAKE. IT IS AGREED BY RENTER THAT THIS RELEASE OF ENDLESS AND THE OWNERS OF THE FACILITIES LIABIILITY IS A BARGAINED FOR CONDITION OF THE RENT SET FORTH HEREIN AND THAT WERE ENDLESS AND THE FACILITY OWNERS NOT RELEASED FROM LIABILITY AS SET FORTH HERE, A MUCH HIGHER RENTAL FEE WOULD HAVE TO BE AGREED UPON.
Renter will indemnify, hold harmless, and defend owner from all claims, demands, actions, or causes of actions (including attorney’s fees and all costs whatsoever) that are hereafter made or brought as a result of, or arising out of, Renter’s use of the Site, Services and/or any Facility. This indemnity specifically includes, but is not limited to, all liabilities released by Renter pursuant to these Terms.
In the event of default or foreclosure with respect to any Stored Property, under any applicable law, it is understood and agreed that the liability of Renter for any rents, charges, costs, and expenses provided for in these Terms shall not be relinquished, diminished or extinguished prior to payment in full. It is further agreed that Renter shall be personally liable, if applicable, for all rents, charges, costs and expenses, including those incurred in the sale and/or disposition of the Renter’s Stored Property as provided for above. Endless may use a collection agency thereafter, in its sole discretion, to secure any remaining balance owed by Renter after the application of sale proceeds if any and Renter shall be liable for all fees and costs for said collection. If any Stored Property remains unsold after foreclosure and sale, Endless and/or Owner may dispose of said Stored Property in any manner considered appropriate by Endless and/or Owner.
All Terms set forth herein, including but without limitation, monthly rental rate, conditions of occupancy and other charges, are subject to change upon at any given time, and shall be updated by Endless by updating of this site. Any such update shall be effective immediately, or as otherwise specified in said updated term and/or condition(s).
No expressed or implied warranties are given by Endless or any of its respective agents, employees or affiliates as to the suitability of the Services for Renter’s intended use. Endless disclaims and Renter waives any implied warranties of suitability or fitness for a particular use.
Endless and Renter each waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint, in any action brought by either Endless against Renter, or Renter against Endless, or any of their respective agents, employees or affiliates, on any matter arising out of, or in any way connected with these Terms, Renter’s use of the Site or Services, or any claim of bodily injury or property loss or damage, or the enforcement of any remedy under any law, statute or regulation. This jury trial waiver is also made by Renter on behalf of any of Renter’s agents, guests or invitees.
In the event the Endless retains the services of an attorney to recover any sums due under this these Terms for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand claim or action brought by the Renter, the Renter agrees to pay to the Endless the reasonable costs, expenses, and attorney’s fees incurred in any such action.
Renter recognizes Endless and Renter are entering into a business relationship as Endless and Renter. As such, Renter hereby consents to Endless phoning, faxing, e-mailing, texting and using social media to communicate with Renter (including automated calls and texts) with marketing and/or other business-related communications, including collection notices.
Words used in the singular shall include the plural where the context requires. All rights, powers, options or remedies given or granted to Endless by law are cumulative and no one of them is exclusive of another. If any provision of these Terms is held by a Court to be void or unenforceable, all other provisions shall remain in full force and effect.