PLEASE READ THIS AGREEMENT. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
In this Agreement:
A. “Stored Item(s)” means the items packed by you, Doorage or on behalf of Doorage for storage by Doorage.
B. “Doorage Service(s)” means the storage services provided by or on behalf of Doorage as described in Section 3 below.
You may use this site only if you can form a binding contract with Doorage, and in compliance with all applicable local, state, national, and international laws, rules and regulations. By registering to use this site and Doorage Services, you represent and warrant that you are over the age of 18 years and any use by or access to the site or Doorage Services by anyone under the age of 18 years is strictly prohibited and in violation of the terms of this Agreement. In addition, the Site and Doorage Services are not available to any prior or former Users subsequently removed from this Site by Doorage.
B. Doorage Site and Your Account
Through your Doorage account, you will have access to these services and functionality, which we may amend from time to time. Subject to the terms and conditions of this Agreement, you are here by granted a non-exclusive, limited, non-transferable license to use this Site only for your personal or commercial use and as permitted by the features of the Site. Doorage reserves all rights not expressly granted herein in the Site and the Doorage Content (as defined below). Doorage reserves the right to terminate your license at any time for any reason or no reason.
When creating your account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account. We encourage you to use strong passwords with your account –include a combination of upper and lower case letters, numbers and symbols) and you should keep your account password secure. You must notify Doorage immediately of any breach of security or unauthorized use of your account. Storage will not be liable for any losses caused by any unauthorized use of your account. You may never use another User’s account without permission.
If you open a Doorage account on behalf of a company, organization, or other entity, then:
(a) “you” includes you and that company, organization or other entity, and
(b) you represent and warrant that you have the authority to bind the entity to this Agreement,
(c) you give Doorage permission to access and use your information from that service as permitted;
(d) you allow Doorage to store your log in credentials for that service; and
(e) you agree to be bound by this Agreement on the entity’s behalf.
You may amend your User Profile and account settings by online or by emailing us at www.doorage.com or emailing us at doorage.com. Please note that by providing Doorage with your email address, you consent to Doorage’s use of your email address to send Site and Storage Service related notices, including any notices required by law in lieu of U.S. Postal Service communication. If you do not want to receive such email messages, you may opt or change your preferences by emailing Doorage at www.doorage.com. By opting out, you will not receive email messages regarding amendments, updates, improvements, or offers.
C. Site rules
You acknowledge and agree not to engage in any of the following prohibited activities: (1) reproducing, copying, distributing, or disclosing any part of the Site in any format or means; (2) using any automated system (i.e., robots, spiders, off-line readers, etc.), to access the Site in a manner that sends more requests messages to the Doorage servers then a human can possibly produce in the same period of time by using a conventional on-line web browser; (3) transmitting spam, chain letters, or other unsolicited email; (4) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from servers running the Site; (5) taking any action that imposes, or may impose an unreasonably or disproportionately large load on Doorage’s infrastructure; (6) uploading invalid data, viruses, worms, or other software agents through this Site; (7) collecting or harvesting any personally identifiable information(i.e., account names, etc.) from the Site; (8) using the Site for any commercial solicited from and purposes; (9) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (10) interfering with the proper working of the Site; (11) accessing any content on the Site through any technology or unauthorized means; or (12) bypassing the measures Doorage may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or in force limitations on use of the Site or the content therein.
Subject to the terms and conditions of this Agreement, including without limitation the payment of all fees under this Agreement, Doorage shall, upon request: (1) arrive at the address you designate as the pick-up address (the “Pick-up Address”); (2) drop off containers for your packing of the Stored Items; (3) prepare furniture and other large items for safe transport using moving blankets and other required packing materials; (4) photograph the packed Stored Items, prior to packing or wrapping, to document their condition prior to transport and storage; (5) pick up the packed containers of Stored Items that you or Doorage have packed from your delivery address; (6) transport the Stored Items to a Doorage facility; and (7) return the Stored Items to the delivery address (the “Delivery Address”) designated by you but within the Delivery Zone (see details below). The foregoing Doorage Services shall be referred to under this Agreement as “Doorage Services.”
Doorage will not deliver or return stored items to an address that is not in an active storage Delivery Zone listed on our current Delivery Zone list (a “Delivery Zone”) unless Doorage has agreed to do so in writing. Doorage, at its sole discretion, will facilitate the transport of your items from the Delivery Zone from your initial pick up to a Delivery Zone in a new city at pricing to be determined by storage and approved by you.
Doorage will make a good-faith effort to adhere to the scheduled pick-up and delivery times; however, times given for pick-up and delivery of Stored Items are approximate times. Doorage may cancel, postpone, or otherwise reschedule any pick-up or delivery of Stored Items for any reason or no reason, including but not limited to, Doorage believes, in its sole discretion, that the pick-up or delivery may endanger a Doorage employee, agent, contractor or other individual due to issues such as severe weather conditions or Doorage having limited access to the Pick-Up or Delivery Address.
Doorage may use subcontractors and/or third parties to help perform any Doorage obligations or services under this Agreement (or any other agreements that incorporate this Agreement), including for pick-ups, deliveries, and other logistics with respect to Doorage’s Services.
You acknowledge and agree that Doorage will not be responsible for: (1 dismantling or assembling any unit, system, or furniture (including flat pack); or (2) disconnecting, reconnecting, dismantling or reassembling appliances, fixtures, fittings or equipment. While Doorage makes a good-faith effort to place all Stored Items in suitable environments, Doorage does not warrant that any storage facility used by Doorage is a suitable place or means of storage of any particular Stored Items.
B. Your Responsibilities; Waiver of Non-Photographed and Improperly Packed Items
You will be solely responsible for: (1) obtaining and ensuring that Doorage or its carrier has such access to any packing as may be reasonably required to carry out the Doorage Services; (2) being present, or ensuring that someone authorized by you is present, during the pick-up and delivery times; (3) providing Doorage with your contact information and ensuring that such contact information is accurate and current; (4) ensuring that that Stored Items have been securely packed into the appropriate Doorage Container so as not to cause damage or injury or the likelihood of damage or injury to your Stored Items or to Doorage’s property, employees, agents, contractors, business partners, other goods, or other individuals, whether by spreading of dampness, infestation, leakage or the escape of fumes or substances or otherwise; (5) informing Doorage immediately upon delivery of any damage to the Stored Items or your property that may have occurred during a delivery; and (6) fully reimbursing Doorage for an amount equal to all damages, liabilities, costs, claims and expenses that Doorage may incur as a result of your use of the Doorage Services and/or due to any breach by you of this Agreement.
You understand that Doorage is only responsible for those Stored Items that have been visually inspected by Doorage. You are solely responsible for verifying that Doorage has photographed and inventoried all the Stored Items and that the inventory Doorage provides to you is a true and complete inventory of the Stored Items. You hereby waive and release Doorage from responsibility for any damage to items that were not packed, sealed, inspected and photographed by Doorage. Doorage uses packing blankets and packing supplies to ensure safe transport. If any items are not packed into boxes or protected with moving blankets you are solely responsible for damage to those items.
C. The Stored Items
In order to store items with Doorage, you must be the owner of the Stored Items or that you otherwise have the right and authority to store the Stored items in accordance with this Agreement.
The Stored Items cannot include any of the following in connection with the Doorage Services: antiques, perishable goods, firearms or ammunition, explosives, used tires, plants, birds, fish, other animals, or any other living thing, any items which may emit fumes, smells or odors, bullion (e.g., gold/silver), precious metals or stones, jewelry, currency, ivory, any drugs, illegal substances or goods, or goods or substances illegally obtained, combustible or flammable materials, liquids or compressed gases, oil or oil-based products, gas, artificial fertilizers or cleaning solvents, chemicals, radioactive materials or biological agents; toxic waste, asbestos or other materials of a dangerous or harmful nature, any biological agents, flammable or hazardous goods, or any other items, the possession, usage, or storage of which may detrimentally affect any of your other Stored Items or violate in any way the laws of the United States or any other applicable laws, rules, or regulations (collectively “Prohibited Stored Items”).
Doorage shall regularly conduct, or have its subcontractors conduct, pest control inspections and operations at the storage facility containing your Stored Items.
Doorage or its contractors may at any time and without notice to you, open any Doorage Container for inspection, if Doorage: (1) believes, in its sole discretion, that the Stored Items may include any Prohibited Stored Items; (2) is mandated or ordered to do so by the law enforcement or other local authorities or by court order; (3) determines it is necessary of for inventory, accounting or warehouse maintenance; or (4) considers it necessary due to an emergency situation or to prevent injury or damage to persons or property.
Doorage may refuse to store any Stored Items, or may return Stored Items to you, at your cost, at any time, if Doorage determines the storage, or continued storage, of the Stored Items present a hazard or potential risk to: (1) the safety of any person, (2) the security of the storage site, or (3) any other Stored Items at the Doorage facility.
By using the Doorage Services or other paid services or products provided by Doorage, you agree to the pricing and payments terms, as we may update them from time to time. Doorage may add new services for additional fees and charge, or amend fees and charges or existing services, at any time. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
All information that you provide in connection with a Doorage purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction with Doorage at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchases, transactions or other monetary transactions. Any amounts not paid when due shall bear interest at the rate of 15% per month or the maximum rate allowable by law, whichever is less.
E. Cancellations and Termination
You may terminate this Agreement at any time by requesting the return of your Stored Items and by paying any outstanding fees due to Doorage. We may, without prior notice, change the Site or Doorage Services; stop providing the Site or Doorage Services or features of the Site or Doorage Services, to you or to users generally; or create usage limits for the Site or Doorage Services. We may permanently or temporarily terminate or suspend your access to the Site or Doorage Services without notice and liability for any reason, or for no reason. Upon termination by you or by Doorage, regardless of the reason or no reason, you understand and agree that you will continue to be bound by any outstanding commitments and payments due in accordance with this Agreement.
Upon termination of this Agreement you or by Doorage, you must contact Doorage promptly to arrange for delivery of your Stored Items. If within 45 days following termination of this Agreement for any reason you fail to arrange for delivery of all of your Stored items, then Doorage may process the Stored Items in accordance with the provisions of the section title “Withholding and Disposal of Stored Items” below.
There are no refunds for cancellations. In addition, Doorage requires minimum payment commitments, and you remain obligated to pay the full amount of any such minimum payment commitment you have made to Doorage, regardless of the timing within the billing cycle of your account cancellation. In the event that Doorage suspends or terminates your account or your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused storage time, fees associated with Doorage’s Limited Warranty, any license or subscription fees for any portion of the Site or Doorage Services, any content or data associated with your account, or otherwise.
F. Withholding or Dispose of Stored Items
Doorage shall have the right to withhold and ultimately dispose of some or all of the Stored Items in accordance with this clause in the event: (1) you do not pay all applicable fees or any other payments due under this Agreement; or (2) you abandon your Stored Items, which will occur in the event your Doorage subscription terminates or expires and you fail to take possession of your Stored Items within 30 days from the termination or expiration date despite Doorage’s good faith attempts to return your Stored Items.
You will be responsible for all storage charges and other associated costs reasonably incurred by Doorage while withholding or disposing of the Stored Items. Doorage will provide you with 30 days’ written notice requiring you to pay all amounts due and contact Doorage to arrange for delivery of the Stored Items. If upon the expiration of the 30-day notice period you have failed to pay all of the amounts due, Doorage may dispose of some or all of the Stored Items by sale or otherwise.
If in Doorage’s opinion the Stored Items cannot be sold for a reasonable price or at all (for any reason), or despite Doorage’s reasonable efforts they remain unsold, you authorize Doorage to treat them as abandoned and to destroy or otherwise dispose of them at your cost. You shall be responsible for all costs reasonably incurred by Doorage in relation to the disposal of the Stored Items. If Doorage receives money on disposal of the Stored Items, the net proceeds of sale will be credited to your account and Doorage will pay any excess amounts to you without interest less Doorage’s administrative charge of $150.00.
If, after having made reasonable efforts to do so, Doorage is unable to return any excess amounts received by Doorage from the disposal of your Stored Items to you, including having given not less than 90 days’ written notice to you, Doorage may retain any such excess amounts for its own account. If the proceeds of sale (if any) are insufficient to discharge the outstanding charges or any other payments due to Doorage under this Agreement and the costs of sale, you must pay any balance outstanding to Doorage within 7 days of a written demand from Doorage. Interest will accrue on the balance in accordance with the Payment Section above until the balance is paid in full.
G. Doorage’s Limited Security Warranty
Doorage agrees to provide you with a limited security warranty regarding your Stored Items as set for the in the terms and conditions of our Limited Security Warranty Policy. This Limited Security Warranty Policy is expressly incorporated by reference herein.
Except for your User Content, the Site and all materials therein or transferred thereby, including things such as software, images, text, graphics, illustrations, logos, patents, trademarks, Site marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Doorage Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Doorage and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Doorage Content. Use of the Doorage Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit feedback, comments, suggestions, error identifications or ideas about the Site or Doorage Services, including without limitation about how to improve the Site, the Doorage Services, or our other services or products (“Idea(s)”). In the event you submit an idea, you agree that your idea, in whatever form or method submitted, is gratuitous, unsolicited and without restriction and will not place Doorage under any fiduciary or other obligation or compensation, and that Doorage is free to (1) use the Idea without any additional notice, acknowledgement or compensation to you, and/or (2) disclose the Idea on a non-confidential basis to anyone. You further acknowledge that, by acceptance of your submission, Doorage does not waive any rights to use similar or related ideas previously known to Doorage or developed by its employees, or obtained from sources other than you.
Doorage cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You understand and acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Doorage and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) you use of and access to the Site, including any data or content transmitted or received by you; (2) your use of the Doorage Services; (3) your violation of any terms of this Agreement, including breach of any of the representations and warranties above; (4) your violation of any third-party rights, including any right of privacy or Intellectual Property /rights; (5) your violation of any applicable law, rule, or regulations; (6) any of your User Content or Stored Items, or any that is submitted via your account; or (7) any other party’s access and use of the Site or Doorage Services with your unique username, password or other appropriate security code.
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY, THE SITE AND DOORAGE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE AND DOORAGE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMIM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND DOORAGE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WIRTTEN, OBTAINED BY YOU FROM DOORAGE OR THROUGH THE SITE OR IN CONNECTION WITH DOORAGE SERVICES WILL NOT CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DOORAGE, AS WELL AS ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELAIBLE OR CORRECT; THAT THE SITE OR THE DOORAGE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR THE DOORAGE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
DOORAGE DOES NOT WARRANT, ENFORCE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DOORAGE SITE OR THE DOORAGE SERVICES OR ANY WEBSITE OR SERVICES HYPERLINKED TO THE SITE, AND DOORAGE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOORAGE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILTIY TO USE, THIS SITE OR THE DOORAGE SERVICES. UNDER NO CIRCUMSTANCES WILL DOORAGE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOORAGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR DAMAGE TO ANY PERSONAL OR REAL PROPERTY, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE OR THE DOORAGE SERVICES (EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY); (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BR TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (6) ANY ERRORS OR OMMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (7) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY. IN NO EVENT SHALL DOORAGE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABLITY, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DOORAGE HEREINUNDER WITHIN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $100.00 WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABLITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DOORAGE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABLITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Site is controlled and operated from facilities in the United States. Doorage makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
In the event that Doorage ceases operations, we will attempt to make reasonable efforts to return your Stored Items to you, but cannot guarantee if and when such returns will occur. Doorage will not be liable for any failure to return Stored Items in the event of a business failure.
This Agreement shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Chicago, Illinois for any actions for which Doorage retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction in order to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patent or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
THIS SECTION REQUIRES THE PARTIES TO ARBITRATE DISPUTES AND INCLUDES LIMITATIONS AS TO THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DOORAGE. For any dispute with Doorage, you agree to first contact us at www.Doorage.com and attempt to resolve the dispute with us informally. In the unlikely event that Doorage has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Doorage claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively “Claims”), by binding arbitration, except as otherwise provided herein.
If you are using the Site or obtaining the Doorage Services for commercial purposes, the following applies:
The arbitration will be conducted in Chicago, Cook County, Illinois, unless you and Doorage agree otherwise. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the arbitrator’s rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Doorage from seeking injunctive or other equitable relief from the courts as necessary to protect any of Doorage’s proprietary interests.
If you are using the Site or obtaining the Doorage Services for non-commercial purposes, the following applies:
The arbitration service may require you to pay a fee for the initiation of your case unless you apply for and successfully obtain a fee waiver from that service. The arbitration will be conducted in Chicago, Cook County, Illinois, unless you request an in-person hearing in your hometown or you and Doorage agree otherwise. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees and your reasonable costs for expert and other witness, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the court as necessary to prevent the actual or threatened infringement, misappropriation, or violation of such party’s data security, Intellectual Property Rights or other proprietary rights. You may sue in a small claims four of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process.
WITH RESPECT TO ALL PERSONAL AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED THE SITE OR THE DOORAGE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATION MAY NOT CONSOLIDATED MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DOORAGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Doorage without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Force Majeure
Doorage will not be liable or responsible for any damage to or loss of any Stored Items, or failure to perform, or delay in performance of, any of its obligations under this Agreement, including any of the Doorage Services, caused by events outside of its reasonable control (including but not limited to, acts of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction or any action taken by a government or public authority; fire, explosion or accidental damage, adverse weather conditions, interruption or failure of utility services, including but not limited to electric, gas or water, any labor dispute, including strikes, industrial action or lockouts, non-performance or delay by suppliers or subcontractors, and failure of plant machinery, vehicles, computers, the Internet or telecommunications (each a “Force Majeure Event”).
C. Notification Procedures and Changes to the Agreement
D. Entire Agreement/Severability
E. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Doorage’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at Customer Service at www.Doorage.com with any questions or comments regarding this Agreement.
This Agreement was last modified on 2018