Website Terms of Use
This document was last modified on March 2, 2018
Acceptance of the Terms and Conditions for Use of this Website
These terms of use are entered into by and between You and Stash Storage Holdings, Inc. (“Stash“, “we” or “us“). The following terms and conditions (these “Terms of Use“) govern your access to and use of stashstorage.com and all related servers operated by Stash Storage Holdings, Inc. or any of Stash’s affiliates, including any content, functionality and services offered on or through stashstorage.com (the “Website“), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, the Privacy Policy (the “Privacy Policy,” available on the Website), and the Terms and Conditions (the “Terms and Conditions,” available on the Website). If you do not accept these Terms of Use in their entirety, you may not access or use any part of this Website or any of Stash’s services.
This Website is offered and available to users who are 18 years of age or older and residing in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age and reside in a jurisdiction where it is legal for you to form a binding contract with Stash.
Changes to the Terms of Use
Stash may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
User Access
Stash reserves the right to withdraw or amend this Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by these Terms of Use, and you consent to all actions we take with respect to your information consistent with these Terms of Use.
You agree that you are entirely responsible for keeping any user name, password, and/or any other security information regarding your access to the Website (or any part thereof) confidential. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Stash is not liable for any loss that you or any other third party may incur resulting from an unauthorized use of your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by Stash or another party due to any such unauthorized use.
You may stop using this Website at any time. We reserve the right to terminate, at any time, any user’s access to the Website without giving notice or a reason for such termination to the user. These Terms of Use automatically terminate when you fail to comply, or if we reasonably believe that you have not complied, with any term or condition of these Terms and Conditions. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms of Use shall survive termination.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, prices, quotations, images and illustrations), are owned by Stash, its licensors or other providers of such material and are protected by state, national, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, including the laws of the United States of America. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website without the express prior written consent of Stash. You must not modify copies of any materials from this Website; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Stash. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Prohibited Uses; Consequences of Unacceptable Use
You may use the Website only for lawful purposes and in accordance with these Terms of Use. We reserve the right to take any and all action Stash deems appropriate if Stash becomes aware of conduct that Stash believes does not conform to the requirements of this policy, any agreement pursuant to which you use Stash’s services or any software that utilizes them, the Terms of Use for use of this Website, or applicable law.
Cyber Security
Stash seeks to protect the privacy and security of information and its Website. Stash believes it takes commercially reasonable measures intended to safeguard against unauthorized disclosures of information. Stash cannot, however, assure you that your information will never be disclosed in a manner inconsistent with these Terms of Use and makes no representations or warranties regarding the sufficiency of our security measures.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Stash cannot guaranty that each page to which you may provide a link will remain available or that its content will remain the same. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links (including advertisements, banner advertisements, and sponsored links) are provided for your convenience only. Any links to any third party products or services provided by Stash are not intended as a certification or endorsement of such products or services and are provided solely for your convenience. Stash is not responsible for any opinions, advice or statements made by third parties. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of All Warranties
Although we use commercially reasonable efforts to make sure that the Website is accurate, complete and reliable, we do not warrant that the Website is accurate, complete, reliable or error-free.
THE WEBSITE AND INFORMATION CONTAINED HEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STASH EXPRESSLY DISCLAIMS MAKING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STASH AND ITS AFFILIATES INCLUDING BUT NOT LIMITED TO ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS. NEITHER STASH NOR ANY PERSON ASSOCIATED WITH STASH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENTNESS, NON-INFRINGEMENT, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER STASH NOR ANYONE ASSOCIATED WITH STASH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL STASH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, FOR ANY REASON INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, ERRORS, OMISSIONS, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree that you will not use this Website for any unlawful purpose or for any purpose prohibited by these Terms of Use. You agree to defend, indemnify and hold harmless Stash, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina in each case located in the City of Charleston and County of Charleston, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Stash of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Stash to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use, the Terms and Conditions, the Privacy Policy, and any other agreements executed between you and Stash in writing constitute the sole and entire agreement between you and Stash Storage Holdings, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Your Comments and Concerns
This Website is operated by Stash Storage Holdings, Inc. Feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@stashstorage.com.
Communication with Stash
Whenever you communicate with Stash, including through this Website and its email links, your communications are non-confidential unless such communications are explicitly covered by a separate non-disclosure agreement with Stash. Stash is free to use all submissions, ideas and feedback contained in your communications in any manner that is consistent with these Terms of Use, including, but not limited to, incorporating your feedback and suggestions into Stash’s product and service offerings without any financial or other obligation to you.