CALLBOX STORAGE, LLC

TERMS AND CONDITIONS

NON-NEGOTIABLE
TERMS AND CONDITIONS

The following terms and conditions (“Terms & Conditions”) govern all use of www.callboxstorage.com and the Company’s services, which are available to You only if you accept these Terms & Conditions.

  1. DEFINITIONS. The capitalized terms herein shall have the following meanings:
    1. “Charges” – all charges and fees due hereunder, present or future, including without limitation, Storage Fees, financing charges, late charges, handling charges, charges for storage or transportation (including demurrage and terminal charges), valuation coverage, labor or other and any costs or interest associated with the processing of Your delinquent account.
    2. “Company” – Callbox Storage, LLC, a Texas limited liability corporation, including officers, directors, employees and agents of Company while acting within the scope and course of their employment.
    3. “Customer Portal” – Your account profile and information accessed by logging in to Your account at www.callboxstorage.com, which information is incorporated into these Terms & Conditions.
    4. “Effective Date” – the date first provided on the Contract.
    5. “Facility” shall mean the facility location indicated on the Contract, any replacement facility location (as described in Section 5(c)) and any truck, lift or other equipment owned or rented by Company and used to transport Your Goods.
    6. “Goods” – the personal property and any portion thereof that the Company has agreed to receive and store and that is identified on the Contract that the Company issues to You pursuant to these Terms & Conditions.
    7. “Contract” – the Non-Negotiable Contract including these Terms & Conditions herein and all contact information on Your Company Portal.
    8. “You” or “Your” – the person, firm, corporation or other entity for whom the Goods are stored and to whom the Contract was issued and anyone else claiming an interest in the Goods.
  1. ISSUANCE OF CONTRACT.
    1. By submitting an order through callboxstorage.com or through our company phone number, You have requested that Your Goods be picked up, delivered and stored at the Facility and You have agreed to all of the Terms & Conditions provided herein. You acknowledge that the Company is not aware of the actual contents, condition and quality of Goods that are packed by the owner. When the Company arrives to pick up the Goods, the Company may inspect the Goods and may note the condition of the Goods based on their best estimate of the Goods’ condition. You will be bound by the condition noted of the Goods unless You object to such notation within 10 days of receipt of the notice.
    2. The Company will issue You a Contract via email to the email address you provided in your Company Portal after the receipt of your goods at the Facility. Upon issuance of the Contract, the Company certifies that the Company has received the Goods for storage in Your account and You agree to these Terms & Conditions, which are expressly incorporated by reference into the Contract.
    3. Any time after delivery of the Goods to the Facility, such Goods shall be delivered to You upon request, provided that all storage, handling and other Charges, including minimum charges, have been paid by You.
    4. You acknowledge and agree that the Company may subcontract with Authorized Agents to perform any and all services for You, and you expressly consent to the Company’s use of Authorized Agents to provide the services to You as described herein.  You further acknowledge and agree that Your reservation time is only an estimate and that Company reserves the right to modify or delay the pick-up time for Your Goods, upon prior notice to You.  Company expressly disclaims any liability for any losses incurred by You related to the timing or scheduling of the pick-up of your Goods.
  1. TENDER FOR STORAGE.
    1. Company is unaware of the kind, quantity or value of the Goods stored by You that were packed by You. You assume full responsibility and liability for packing and securing Your Goods for over the road transportation that were packed by You. You shall store only personal property that You own or are the authorized agent of the lawful owner and You have full power and authority to enter into the Contract. You shall not store any of the following items (collectively, “Storage Limitations”):
      • Food or perishable goods.
      • Unusually large and heavy items such as pool tables, pianos, heavy steel grills/smokers, and hot tubs.
      • Vehicles or aircraft, hovercraft, motor vehicles, engines, and trailers. At the sole discretion of the Company, we may allow small vehicles that can be maneuvered and moved with ease as long as they have been properly drained of any fuel.
      • Antiques (100 years or older, whether or not fragile).
      • Collectibles or memorabilia, including autographs, souvenirs, or any other memorabilia;  These items are only allowed if the value of all such items are less $100 in the aggregate.
      • Illegal substances such as drugs, drug paraphernalia, stolen goods, or other items concealed from authorities related to legal matters.
      • Anything flammable such as lighter fluids, acetone, gasoline, paint, kerosene, radioactive materials, flammable briquettes, batteries and propane.
      • Any personal property which would result in the violation of any law or regulation of any governmental authority, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters.
      • Hazardous materials.
      • Items that are combustible or expand over time or with changes in temperature such as oxygen tanks or similar containers.
      • Construction debris, tires, oil, or batteries, whether new or used.
      • Firearms and explosive devices including ammunition, flares, fireworks and other explosive items.
      • Pets, birds, fish, or animals,
      • Items that emit fumes,
      • Items that can rot or breed bacteria such as food products, animals or pet food, fertilizers, pesticides and other items such as bacterial cultures and test samples from live specimens,
      • Boxes > 70 pounds or beyond the weight capacity of the box as determined by the Company,
      • Appliances must be disconnected, thawed out, and drained prior to pick up. We will not disconnect your appliances or take appliances that have not been adequately drained.
      • Furniture containing particle board may be stored at Your own risk and the Company assumes no responsibility for damages.
      • We can store televisions if they are packed in their original box with its protective casing. If you do not have your original box, televisions may be stored at your own risk and Callbox requires the purchase of a television box that we will provide. Prices vary by size.
      • Highly fragile items, mirrors, and table tops such as glass, marble, granite, or other types of stone should be properly crated prior to pick up by Callbox Storage. Without proper crating, the Company’s liability for loss or damage is $0.60 per pound.
    2. For purposes of this Agreement, “Hazardous Materials” shall include, but not be limited to, any hazardous or toxic chemical, gas, liquid, substance, material or waste that is or becomes regulated under any applicable local, state or federal law or regulation. You shall not store Goods that will constitute waste, nuisance or unreasonable annoyance to other customers in the Facility.
    3. You acknowledge and agree that the Facility is not suitable for the storage of objects which have sentimental value to You or others, including, but not limited to, heirlooms or precious, invaluable or irreplaceable property such as books, records, writings, works of art, photographs, and items for which no immediate resale market exists. You agree that the value of any of the foregoing items that You choose to store in violation of this provision shall be limited to the salvage value of the item’s raw materials.
    4. Further, You acknowledge and agree not to store the following items: money, bank notes, scrip, securities, accounts, deeds and evidences of debt; letters of credit and notes other than bank notes; bullion, gold, goldware, silver, silverware, platinum, coins, precious metals and pewter; objects of art; stored value cards and smart cards; manuscripts, personal records, and stamps; jewelry, watches, furs, precious and semiprecious stones; computer software or programs, media or computer data contained on hard disks or drives. You agree not to store Goods that may cause consequential damages or emotional distress to You or others if it were missing, stolen, sold or damaged.
    5. The Company shall store and deliver Goods in the packages in which they are originally received, unless Company determines that it is necessary for efficient storage or transportation to use different packaging.
    6. The Company is only obligated to account for and deliver the Goods identified in the Contract.
  1. TERMINATION OF STORAGE.
    1. You may terminate storage of Your Goods at any time by giving notice to Company for delivery of all Your Goods. Notwithstanding the foregoing, You shall only be entitled to delivery of Your Goods if there are no outstanding Charges owing to Company. No monthly Storage Fees shall be prorated or refunded if the termination occurs prior to the end of a full month.
    2. Company may, upon written notice as required by law, require the removal of Goods, or any portion thereof, from the Facility upon the payment of all Charges attributable to said Goods within a stated period, not less than 30 days after such notification (or such shorter period permitted by law). If said Goods are not so removed, Company may sell them as provided by law and shall be entitled to exercise any other rights it has under the law with respect to said Goods.
    3. If, in the opinion of Company, Goods may be about to deteriorate or decline in value to less than the amount of Company’s lien thereon, or may constitute a hazard to other property or to the Facility or persons, Company may remove or dispose of Goods as permitted by law. You shall pay all charges related to said removal.
  1. STORAGE LOCATION.
    1. Company shall store Goods at the Facility at the address identified in the Contract.
    2. Company may, at any time, at its expense, and without notice to You, remove any Goods from any room or area of the Facility to any other room or area thereof.
    3. Company may, at its expense, remove any Goods from the Facility and store such Goods in a different facility owned or leased by the Company; Company Portal and Company shall promptly provide you with notice of such relocation.
  1. TERM AND STORAGE CHARGES.
    1. Storage charges commence upon the date that Company accepts care, custody and control of Goods, regardless of unloading date or date the Contract is issued and continues thereafter on a month-to-month basis until terminated. You must pay the Company, in advance, monthly storage fees (the “Storage Fees”) on each Due Date (as defined below) in the amount set forth on the invoice, without deduction, prior notice, demand or billing statement. The first partial month payment will be due at the time Your goods are first delivered to the Company. The first day of the month following the date Your Goods are first delivered to Company shall be the initial “Due Date” and subsequent Due Dates shall occur on the monthly anniversary of the initial Due Date. You will pay any applicable sales and use taxes imposed on any transaction You will not be entitled to a refund of any prepaid Storage Fees under any circumstances. The monthly Storage Fees may be adjusted by Company effective the month following written notice by Company to You specifying such adjustment, which notice shall be given not less than thirty (30) days prior to the first day of the month for which the adjustment will be effective. Any such adjustment in the Storage Fees will not otherwise affect the Terms & Conditions or the Contract, which will remain in full force and effect. Time is of the essence with regard to all payment obligations due hereunder.
    2. The minimum term of Storage Fees for plans less than the Full Home plan is three full calendar months (six months for Full Home plan) for initial pick ups and pick ups that increase Your unit size (“Minimum Term”). The same minimum also applies to any additional Full Replacement Value Coverage. The minimum plan size for pick ups from May 1st to May 20th is a Room plan.
    3. The Company shall not deliver or allow You to pick up all or a portion of Your Goods unless all Charges are paid in full, including Storage Fees and any other charges due prior to the end of the Minimum Term.
    4. You represent and warrant that all information in Your account profile as shown on Your Company Portal is correct. If any of Your information as provided in Your account profile shall change, You shall update Your profile by logging into Your Company Portal and making such changes within ten (10) days of the change. The Company reserves the right to require that Storage Fees, fees, and charges in arrears be paid via credit card entered into Your Company Portal.
    5. The Company does not offer refunds.
  1. HANDLING AND DELIVERY.
    1. Unless otherwise specified or elected by Company, handling charges cover only the ordinary labor and duties incidental to pick up and delivering of the Goods to the Facility during normal business hours, between 8:30 am and 5:00 pm local time.
    2. Company may impose a charge in addition to the regular handling charges for any work performed by Company other than that specified in Section 7(a) at rates which are in effect from time to time, a copy of which rates are available upon request.
    3. Company shall have a reasonable time to make delivery after Your request for delivery through Your Company Portal, and shall have a minimum of 10 business days after receipt of a delivery order in which to locate any misplaced Goods.
    4. If Company has exercised reasonable care and is unable, due to causes beyond its control, to effect delivery before expiration of the current storage period, Goods shall be subject to storage charges for each succeeding storage period.
    5. The Company charges a warehouse and handling fee (“Handling Fee”) for all delivery orders based on the pricing of each item to be returned.
    6. The return of an oversized item that requires two of the Company’s employees, as determined by the Company, or a heavy item greater than 40 pounds will incur a handling fee of $40 for the first oversized or heavy item and then $15 for each additional oversized or heavy item in the same return.
    7. Other pick up and return handling fees include the following (when applicable): i. Packing services or other preparation time (i.e. packing customer items in boxes, waiting time for elevator access, customer is not ready, etc.) may incur an additional charge. If packing services or other assistance are necessary additional services are billed at $60 per hour, per Storage Professional.; ii. Pick up of items greater than 100 pounds involving stairs, third floor apartments/condos, and long distances from the point of pick to the point of loading the Callbox vehicle (100 feet) will incur a minimum charge of one hour at a rate of $60 per hour per Storage Professional; iii. Additional pick ups after the free monthly allotment (every 30 days) are $40 per pick up; iv. Additional deliveries after the free monthly allotment are $40 for 5 regular sized items and $7 for each additional regular sized item after the first 5.; v. Assistance on returns including moving furniture, loading a storage unit, or other services are billed at $60 per hour, per Storage Professional.
    8. All instructions and requests for delivery of Goods are received subject to satisfaction of all Charges, liens and security interests of Company with respect to Goods whether for Storage Fees, accrued Charges and fees or otherwise.
    9. The Company requires at least two (2) days advance notice for all delivery orders and four (4) days notice for the return of all items in storage, provided, Company may require additional time to deliver Your Goods in certain circumstances. Based on availability, the Company may accept next business day warehouse pick ups or deliveries if the request is received by 10:00 am on the business day prior to the delivery date (a rush handling fee of $75 applies).
    10. The Company is able to return items to locations within 45 miles of the Facility (“Service Area”). The Company is unable and shall not be responsible to deliver your storage items to a location or address outside of that defined Service Area.
  1. LATE CHARGES AND FEES.
    1. In the event You fail to pay Storage Fees by the 10th day after the Due Date or the earliest date permitted by applicable law, You shall pay, in addition to any other amounts due, a late charge equal to the lesser of $25.00 on each such occasion or the maximum amount allowed by applicable law.  You will also be responsible for all of Company’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees.
    2. In the event Company commences a lien sale as a result of Your default in the payment of Storage Fees or other charges due hereunder, in accordance with Section 12 hereof, You shall pay, whether or not a lien sale occurs, all costs and expenses incurred by Company associated with processing the delinquent account, including advertising and mailing fees, plus a lien handling charge of up to $75.00.
    3. In the event You are delinquent in the payment of Storage Fees or other Charges, You authorize Company to charge Your credit card provided in Your Company Portal, without Your signature, for such Charges owed by You to Company, even if You have selected another method of payment as the preferred method. Company shall have no liability to You for charges applied to Your credit card by Company in good faith.
    4. All Charges other than Storage Fees are due and payable immediately. All Charges not paid within 30 days from the due date are subject to an interest charge, from the date said charge or fee became due until paid, at the maximum amount allowed by law.
    5. The Company may charge certain fees related to pick-up, handling fees, supplies, and storage fees. A full listing of fees can be viewed at callboxstorage.com or by logging into your Customer Portal.
    6. In the event you need to cancel or reschedule your pick-up or delivery date or time, you shall provide the Company notice by 3:00 PM Your local time the day prior to your scheduled pickup or delivery day. In the event you do not provide such prior notice, the Company reserves the right to charge You a cancellation fee of $100.00.
  1. LIABILITY AND LIMITATION OF DAMAGES.
    1. 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 any damage resulting from improper preparation/packing by customer. The Company can assist in the removal of doors on refrigerators or other disassembly, but You assume any risk relating to any 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 Callbox 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
    2. 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.
    3. 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.
    4. 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.
    5. The Company is not responsible for any changes in conditions due to power outages.
    6. 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 FULL REPLACEMENT VALUE 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 9 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 9.
    7. 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.   
    8. 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).
    9. 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.
    10. 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.
    11. 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.
    12. This Section 9 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.
  1. NOTICE OF CLAIM AND DISPUTE RESOLUTION.
    1. Company shall not be liable for any claim of any type whatsoever for loss or destruction of or damage to Goods unless such claim is presented, in writing, within a reasonable time, not exceeding 90 days from the date of delivery or expiration of this agreement. Failure to do so will result in a forfeiture of any claim. However, the Company shall not be liable for damage or loss on site at Your residence, Your office or other place serving as the origination location of a pickup or the terminal location of a delivery. Furthermore, the Company shall not be liable for concealed damage of pack by owner (“PBO”) cartons or mechanical malfunctions in the absence of external damage noted at the time of delivery.
    2. If a dispute arises between You and the Company concerning the Company’s services or lost or damaged Goods or any other matters relating to, or arising under, these Terms & Conditions, You agree to participate in binding arbitration in Dallas, Texas, administered by JAMS, in accordance with its rules and procedures. You agree to participate in the binding arbitration in good faith and agree to be bound by the arbitrator’s award. As a condition precedent to initiating arbitration, making any claim and/or filing any suit, You shall provide Company with a reasonable opportunity to inspect the Goods which are the basis of Your claim.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted.
    3. NO ARBITRATION, LAWSUIT OR OTHER ACTION MAY BE MAINTAINED BY YOU OR OTHERS AGAINST COMPANY WITH RESPECT TO THE GOODS UNLESS A TIMELY WRITTEN CLAIM HAS BEEN MADE AS PROVIDED IN SECTION 10(a) AND UNLESS YOU HAVE PROVIDED COMPANY WITH A REASONABLE OPPORTUNITY TO INSPECT THE GOODS AS PROVIDED IN SECTION 10(b) AND UNLESS SUCH LAWSUIT, ARBITRATION OR OTHER ACTION IS COMMENCED WITHIN NINE (9) MONTHS AFTER YOU LEARNED OR REASONABLY SHOULD HAVE LEARNED OF THE LOSS AND/OR DESTRUCTION OF AND/OR DAMAGE TO THE GOODS. YOU AGREE TO WAIVE ANY RIGHTS TO A JURY TRIAL FOR ANY CLAIM MADE AGAINST COMPANY.
  1. 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.
  1. WAREHOUSEMAN’S LIEN; REMEDIES.
    1. You represent and warrant that You are lawfully in possession of the goods and have the right and authority to contract with Company for the services contemplated by this Agreement relating to those goods. You agree to indemnify and hold Company harmless from all loss, cost and expense (including reasonable attorneys’ fees) which Company pays or incurs as a result of any dispute or litigation, whether instituted by You or others, respecting Your right, title or interest in the goods covered by this Agreement
    2. On goods in Company’s possession, it shall have a general warehouse lien for any unpaid charges and associated expenses. Company shall not permit any lien or other encumbrance to be placed against the goods while they are in Company’s possession other than its general warehouseman’s lien.
    3. You hereby irrevocably designate and appoint Company as your true and lawful attorney-in-fact to take any and all actions as Company may deem necessary or desirable in order to realize upon the Collateral.  All acts of said power of attorney are hereby ratified and approved and the Company shall not be liable for any mistake of law or fact made in connection therewith.  This power of attorney is coupled with an interest and shall be irrevocable so long as any amounts remain unpaid on any of the Obligations.  Company shall not be under any duty to exercise any such power of authority.
    4. In the event You are in default hereunder, or at any time thereafter, subject only to prior receipt by Company of payment in full of all Obligations then outstanding, Company shall have all of the rights and remedies described herein, and Company may exercise any one, more or all of such remedies at its sole discretion.  In furtherance of the foregoing, Company may exercise in respect of the Collateral, in addition to other rights and remedies provided for herein, or otherwise available to it, all the rights and remedies of a secured party on default under the Uniform Commercial Code in any applicable jurisdiction (the “UCC”) or any other applicable law.
    5. Each right, power, and remedy of Company as provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power, or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by Company, of any one or more of such rights, powers, or remedies shall not preclude the simultaneous or later exercise by Company of any or all such other rights, powers, or remedies.
  1. WAIVER – SEVERABILITY.
    1. Company’s failure to insist upon strict compliance with any provision of the Contract, including these Terms & Conditions, shall not constitute a waiver of or estoppel to later demand strict compliance thereof and shall not constitute a waiver of or estoppel to insist upon strict compliance with all other provisions of the Contract.
    2. In the event any section of the Contract, including these Terms & Conditions, or any part thereof shall be declared invalid, illegal and/or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining sections shall not, in any way, be affected or impaired thereby.
  1. FORCE MAJEURE. Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Contract and these Terms & Conditions, for any failure or delay in fulfilling or performing any term of this Contract and these Terms & Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company, including, without limitation, acts of God, flood, fire, earthquake, tornado, hurricane, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdowns or power outages, or other causes beyond the control of the Company.
  1. AUTHORITY. You represent and warrant that now and throughout the term of storage You are either (i) the lawful owner of Goods which are not subject to any lien or security interest of others; or (ii) the authorized agent of the lawful owner and You have full power and authority to enter into the Contract, and have all right and authority to store the Goods at the Facility.
  1. NOTICES. All written notices from the Company to You may be transmitted by any commercially reasonable means of communication, including through the Company Portal and via e-mail, to You at the last known address provided in Your Company Portal. You are presumed to have knowledge of the contents of all notices transmitted in accordance with this Section within five days of transmittal. All written notices from You to the Company shall be directed to Company at the physical address first provided in the Contract.
  1. RELEASE OF YOUR INFORMATION. Company is authorized to release any information regarding You and Your Goods as may be required by law or requested by governmental authorities or agencies, law enforcement agencies or courts.
  1. NO REPRESENTATIONS OR WARRANTIES. Company disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Goods and the Facility. Company makes no assurances or guarantees regarding the time of pick-up or delivery of Your Goods. Company does not make any representations or warranties that any fuel subsidy charge (if any) or any other similar charge equals its excess fuel costs or that it will not profit from such charge.
  1. GOVERNING LAW. The Contract and these Terms & Conditions shall be interpreted and construed under the laws of the State where the Goods are located and stored, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of such State. You consent to the exclusive jurisdiction of the state or federal courts located in the State of Texas for any dispute arising hereunder not otherwise resolved through binding arbitration in accordance with Section 10 hereof.
  1. ASSIGNMENT; SUCCESSION; THIRD PARTY BENEFICIARIES. Company may assign or transfer this Agreement without Your consent and, after such assignment or transfer Company shall be released from all obligations hereunder occurring after such assignment or transfer. All of the provisions hereunder shall apply to, bind and be obligatory upon the heirs, executors, administrators, representatives, successors and permitted assigns of the parties hereto. The Contract and these Terms & Conditions are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever. Notwithstanding the foregoing, any agent of the Company is a third party beneficiary hereunder, and has the right to enforce its provisions directly against You.
  1. ENTIRE AGREEMENT. The Contract and these Terms & Conditions set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings with respect thereto.