Terms of Use

Welcome to ClosetsInTheSky, the website and online service of Closets In The Sky (“Company,” “we,” or “us”). Company provides you with a service that aims to make storage easy. This page explains the terms by which you may use our online and/or mobile services, web sites, and software provided on or in connection with closetsinthesky.rmsolutions-group.com and any services provided by us (collectively the “Site”), as well as our offline storage and services. These Terms of Use Agreement (“Agreement”) a legally binding agreement that describe your legal rights, remedies and obligations and they also describe the Company’s commitments, legal rights and remedies, so please read them carefully.

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By accessing or using the Site and/or using the Services (as defined below), or clicking a button or checking a box marked “I Agree” or something similar, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection, use, and disclosure of your information as set forth in the Company Privacy Policy, which is hereby incorporated by reference. This Agreement applies to all visitors, users, and others who register for or otherwise access the Site or use the Services (“Users”, “you”, or “your”).

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PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. 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.

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DEFINITIONS

In this agreement
“Customer Item(s)” means the items sent by you, Company, a third party, or a third party on behalf of Company for storage and/or transport by Company.
“Service(s)” means the storage services and/or moving services provided by or on behalf of Company as described in the section OUR SERVICE below.

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SITE USER

Eligibility – This is a contract between you and Company. You must read and agree to these terms before using the Company Site or Service. If you do not agree, you may not use the Service. You may use the Site or Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You must be at least 18 years old to use the Site and Services. By registering to use the Site and Services, you represent and warrant that you are 18 years of age or older. Any use or access to the Site or Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Site and Services not available to any Users previously removed from the Site by Company.

Company Site – Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by the features of the Site. Company reserves all rights not expressly granted herein in the Site and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.

Your Accounts – Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a Company account on behalf of a company, organization, or other entity, then “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use ‘strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and account settings by emailing us at help@closetsinthesky.rmsolutions-group.com or updating your profile online at www.closetsinthesky.rmsolutions-group.com. By providing Company your email address, you consent to our using the email address to send you Site- and Service – related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by emailing us at help@closetsinthesky.rmsolutions-group.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Site Rules – You agree not to engage in any of the following prohibited activities: copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; transmitting spam, chain letters, or other unsolicited email; attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Site; collecting or harvesting any personally identifiable information, including account names, from the Site;

using the Site for any commercial solicitation purposes; impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; interfering with the proper working of the Site; accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

OUR SERVICE

Company – Subject to the terms and conditions of this Agreement, including without limitation the payment of all fees under this Agreement, Company shall, upon request: send you packaging material to pack your items at the designated address send you prepaid mailing labels to send the packaged to the Company the Company may also arrange for the pickup of your items the Customer is urged to prepare a packing list before sending the shipment and sending it to the Company the Customer will ensure that they will send all items in an acceptable condition, i.e. washed clean or dry cleaned. the Company reserved the right to return any or all the items if they do not find them in an acceptable state
the Company on receipt of the items will photograph each item. If the Customer has chosen for their closet to be curated then the Company will take each item and photograph them using a mannequin, where possible.

if the Company finds any items to be damaged they will make their best efforts to inform the Customer, and the Customer should do the same then they send us the list of the items.
the Company will store the items at their climate controlled, pest free, and 24×7 secure location. The Company reserves the right to relocate the storage location, provided it meets the aforesaid requirement the Company, on request of the Customer, will send the items to the designated address. In case the Customer chooses a new address the Company will make secondary efforts to confirm the request. Company may cancel, postpone, or otherwise reschedule any delivery, collection, or return of Customer Items for any reason or no reason, including without limitation in the event that Company believes, in its sole discretion, that it may endanger any Company employee, agent, contractor or other individual due to (including but not limited to) severe weather conditions or by reason of Company having limited access to the Delivery Address. Company may use subcontractors and/or third parties to help perform any Company obligations or services under this Agreement or any other agreements that incorporate this Agreement, including without limitation for pick-ups, return deliveries, and other logistics with respect to Customer Items.

You acknowledge and agree that while the Company makes a good faith effort to place all Customer Items in suitable environments and/or means of transport or storage, Company does not warrant that any transport vehicle or storage facility used by Company is a suitable place or means of transport or storage for any particular Customer Items.

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Your Responsibilities – Waiver of Improperly Packed Items You will be solely responsible for ensuring that the Customer Items you pack have been securely packed into the appropriate boxes so as not to cause damage or injury or the likelihood of damage or injury to your Customer Items, Company’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 informing Company immediately upon delivery of any damage to the Customer Items or your property that occurred during a delivery, collection or return service reimbursing Company in full an amount equal to all damages, liabilities, costs, claims and expenses that Company may incur as a result of your use of the Service or any breach by you of this Agreement.

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You acknowledge that you are solely responsible for verifying that Company has photographed and inventoried all the Customer Items and that the inventory Company provides you is a true and complete inventory of the items tendered.

Customer Items – You represent and warrant that you own the Customer Items or that you otherwise have the right and authority to transport, store and use the Customer Items in accordance with this Agreement.

The Customer Items must not include any items which are not normally covered under the Customer’s home or renter’s insurance plan. The Company cannot store items that can be classified as antiques, perishable, firearms, explosives, used tires, plants, birds, fish, other animals, or any other living thing, arms or ammunition, any item which emits fumes, smells or odors, bullion (e.g., gold-silver), jewelry, currency, ivory, precious metals or stones, any drugs, illegal substances or goods, or goods or substances illegally obtained, combustible or flammable materials, liquids or compressed gases, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous or harmful nature, any other toxic, flammable or hazardous goods, human remains, or any other items, the possession, usage, transport or storage of which may detrimentally affect any of your other Customer Items or violate in any way the laws of the United States or any other applicable laws, rules, or regulations (collectively, “Prohibited Customer Items”).

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According to Company’s sole discretion, Company may regularly conduct, or have its subcontractors conduct, pest control inspections of any and all Customer Items.
Company or its contractors may at any time without notifying you inspect the Customer Items if Company believes, in its sole discretion, that the Customer Items may include any Prohibited Customer Items is required to do so by the police, fire services, local authorities or by court order determines, in its sole discretion, it necessary for account or warehouse maintenance considers it necessary, in its sole discretion, in an emergency or to prevent injury or damage to persons or property.

Company may refuse to store or transport any Customer Items, or may return to you any Customer Items, at your cost, at any time, if, in Company’s sole discretion, the storage, continued storage, or transport of the Customer Items would represent a risk to the safety of any person, the security of the storage site or transport vehicle, or any other goods at the storage site or in the transport vehicle.

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Payment, Subscription Services and Cancellation – By using the Services or other paid services or products provided by Company, you agree to the pricing and payment terms, as we may update them from time to time. Company may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. 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.

Further, you acknowledge and agree that the Services or other paid services or products provided by Company may be made available on a recurring subscription basis (“Subscription Services”). If you enroll in any Subscription Services, you agree to a recurring payment program, which will continue for the agreed-upon subscription period and automatically renew for additional subsequent periods unless and until you cancel the Subscription Services or Company suspends, discontinues, or terminates them. Company may offer a number of subscription plans for Subscription Services with different conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your signup or in other communications made available to you. We automatically charge the payment method associated with your Company account on a recurring basis (depending on the subscription term you choose). Day one of your billing cycle is tied to the date you activate your Subscription Services by pairing them to Services. You acknowledge that the amount billed may vary due to promotional offers, changes in your Subscription Services plan and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.

In order to receive Subscription Services, you must have internet access and provide Company with a current, valid, accepted method of payment (as updated from time to time, “Payment Method”). You hereby authorize Company to bill the subscription fee to your Payment Method, along with any applicable taxes or additional fees due during the billing period. You acknowledge that the amount billed during each billing period may vary from month to month for reasons that may include different amounts due to promotional offers, changing your subscription plan, and so on. You must cancel your subscription prior to the end of the then-current subscription period in order to avoid billing of the next subscription period’s subscription fees to your Payment Method.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site or Services 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 or other monetary transaction interaction with Company at the prices in effect when such charges are incurred. You will pay any applicable taxes (including without limitation any applicable sales tax), if any, relating to any such purchases, transactions or other monetary transaction interactions. Any amounts not paid when due shall bear interest at the rate of 15% per month or the maximum rate allowed by law, whichever is less.

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You may cancel your Subscription Services at any time once the minimum storage term has been met; however, there are no refunds for cancellation for the then-current subscription period. To cancel, email us at help@closetsinthesky.rmsolutions-group.com. When you cancel the Subscription Services, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. Cancellations are effective the following subscription period. You will not receive a refund for the then-current subscription period. You will continue to have the same access and benefits of your product for the remainder of the current subscription period. In addition, Company requires minimum payment commitments, and you remain obligated to pay the full amount of any such minimum payment commitment you have made to Company, regardless of whether and at what point you cancel your Company account. In the event that Company suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused storage time, any license or subscription fees for any portion of the Site or Services, any content or data associated with your account, or for anything else, and that Company may be unable to complete any outstanding orders or appointments until the suspension is lifted. You will be responsible for all charges (including any applicable taxes and other charges) incurred with respect to any orders processed prior to your cancellation of the Subscription Services.

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Company’s Right to Withhold or Dispose Customer Items – Company shall have the right to withhold and ultimately dispose some or all of the Customer Items in accordance with this clause if: you do not pay any applicable fees or any other payments due under this Agreement you abandon your Customer Items, which will occur in the event your Company subscription terminates or expires and you fail to take possession of your Customer Items within 45 days from the termination or expiration date, despite Company’s or an applicable courier’s good faith attempts to return your Customer Items.

You will be responsible for all transport and storage charges and other associated costs reasonably incurred by Company while withholding or disposal of the Customer Items. Company will provide you with 45 days’ written notice, requiring you to pay all amounts due and contact Company to arrange for re-delivery of the Customer Items. If upon the expiration of the 45-day notice period you have failed to pay all of the amounts due, Company may dispose some or all of the Customer Items by sale or otherwise.

If in Company’s opinion the Customer Items cannot be sold for a reasonable price or at all (for any reason), or despite Company’s reasonable efforts they remain unsold, you authorize Company to treat them as abandoned and to destroy or otherwise dispose them at your cost. You shall be responsible for all costs reasonably incurred by Company in relation to the disposal of the Customer Items. If Company receives money on disposal of the Customer Items, the net proceeds of sale will be credited to your account and Company will pay any excess amounts to you without interest, less Company’s administrative charge of $75.00.

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If, after having made reasonable efforts to do so, Company is unable to return any excess amounts received by Company from the disposal of your Customer Items to you, including having given not less than 90 days’ written notice to you, Company 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 Company under this Agreement and the costs of sale, you must pay any balance outstanding to Company within 7 days of a written demand from Company. Interest will accrue on the balance in accordance with the Payment Section above until the balance is paid in full.

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Company’s Limited Security Warranty – Company agrees to provide you with a limited security warranty regarding your Customer Items.

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Company will reimburse you for: Loss of or damage to your properly packed Stored Items that have been tampered with, lost or stolen while in Company’s possession, up to a total maximum of US $1.00 per pound in aggregate per User (the “Limited Security Warranty”); damage to your household caused by Company’s gross negligence or willful misconduct, up to a total maximum of US $1000 in aggregate per User and/or damage to your personal effects caused by Company’s gross negligence or willful misconduct, up to a total maximum of US $1.00 per pound in aggregate per User. In order to be eligible for reimbursement you must timely notify Company of any applicable damage. Company shall have the right to decrease or deny reimbursement to the extent that your or a third party’s negligence or willful act contributed to the claimed damage.

Under no circumstances shall Company have any liability, or any responsibility to reimburse you, for any damages to any Stored Items that Company has not individually and specifically inspected, packed, sealed and photographed, including without limitation any items inside or in some way obscured by other items or packaging. Any such items are excluded from coverage.

Notwithstanding anything to the contrary, Company shall have the right, in its sole discretion, to inspect and determine the value of any damage to a Stored Item, the value of a lost Stored Item, and whether a damaged Stored Item is capable of being repaired.

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Notwithstanding the foregoing, but subject to the terms, limitations, exclusions, and conditions of this Limited Security Warranty Policy and the Agreement, and solely to the extent covered by Company’s insurance policy.

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Upon receiving notice of lost or damaged Stored Items, Company will investigate the cause of loss or damage. If Company determines, in its sole discretion, that the loss or damage was due to unauthorized tampering with or access to the Stored Items, Company will pay to you either (i) the cost of repair of the damaged Stored Items (up to the aggregate per-user limit expressly set forth herein and selected by you), or (ii) the current replacement fair market value of the lost or damaged Stored Items (up to the aggregate per-user limit expressly set forth herein and selected by you), whichever is less. Company shall be entitled to require proof of the initial purchase price, repair cost, and/or replacement value, and/or fair market value of any damaged or stolen Stored Items.

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You agree that Company shall have no liability for any loss of or damage to any Stored Items if you breach or have breached any provision of the Agreement, or if you fail or have failed to comply with any of the Warranty Requirements above, including without limitation, any failure to notify Company of any or lost or damaged Stored Items immediately upon delivery. The Limited Security Warranty is not insurance and should not be considered a replacement or stand-in for any kind of insurance.

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The Limited Security Warranty does not apply to, and Company shall not in any event be liable for, any loss or damage that falls into the following categories:
loss or damage to the Stored Items which does not arise as a direct consequence of any breach of this Agreement by Company or any deliberate or grossly negligent act or omission on the part of Company or its contractors loss of or damage to any Prohibited Stored Items (as defined in the Agreement) loss or damage to items that were previously damaged or repaired
loss of business, sales, revenue, profits or anticipated savings loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused loss or damage due to emotional distress consequential damages of any character loss of or damage to Stored Items in connection with any Force Majeure Event (as defined in the Agreement)

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You acknowledge and agree that the Limited Security Warranty set forth herein shall be your sole and exclusive remedy and Company’s total liability to you in connection with any lost, stolen, or damaged Stored Items.

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Termination – You may terminate this Agreement at any time by requesting the return of your Customer Items and by paying any outstanding fees due to Company. We may, without prior notice, change the Site or Services; stop providing the Site or Services or features of the Site or Services, to you or to Users generally; or create usage limits for the Site or Services. We may permanently or temporarily terminate or suspend your access to the Site or Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

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Upon termination of this Agreement for any reason you must contact Company promptly to arrange for delivery of your Customer Items. If within 45 days following termination of this Agreement for any reason you fail to arrange for delivery of all of your Customer Items, then Company may process the Customer Items in accordance with the provisions of the section titled “Company’s Right to Withhold or Dispose of Customer Items” above.

COMPANY PROPRIETARY RIGHTS

Except for the content you submit, post, display, or otherwise make available to Company in connection with the Services (“User Content”), the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Site marks, copyrights, photographs, audio, videos, music, and content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company 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 Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, publicly perform, display, and make derivative works of your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.

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You may choose to or we may invite you to submit feedback, comments, suggestions, error identifications, or ideas about the Site or Services, including without limitation about how to improve the Site, the Services, or our other services or products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.

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SMS MESSAGE ALERTS AND CALLS

By consenting to Company’s SMS messaging and calls service, you agree to receive SMS messages and calls with service, transaction, account-related, and commercial news, events, offers, and promotions from and on behalf of Company to your mobile phone number provided, even if your mobile number is registered on any state or federal Do Not Call list. You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages and calls. You are strictly prohibited from registering a mobile number that is not your own. You acknowledge and agree that calls or text messages may be sent using automated technology, including through an automatic telephone dialing system.

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You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Company. Your participation in our alerts program is completely voluntary. Standard message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to SMS messages and calls, including charges from your mobile carrier. You can unsubscribe at any time.
You may opt-out of receiving promotional calls or SMS text messages at any time. Please note that unsubscribing from promotional calls and SMS text messages will not prevent you from receiving calls or SMS texts from Company directly relating to your use of the Service, such as account information, item pick-up details and delivery information that are necessary to provide the requested Service to you.

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NO SALES TO CHILDREN

Company does not sell products through its Site or Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian.

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CALIFORNIA RESIDENTS

The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

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PRIVACY

We care about the privacy of our Users. You understand that by using the Site you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

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SECURITY

Company 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 acknowledge that you provide your personal information at your own risk.

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THIRD-PARTY LINKS

The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Site, you do so at your own risk, and you understand that this Agreement and Company’s Privacy Policy do not apply to your use of such sites and services. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site or in connection with the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

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INDEMNITY

You agree to defend, indemnify and hold harmless Company 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: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your use of the Services; (iii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (v) your violation of any applicable law, rule, or regulation; (vi) any of your User Content or Customer Items, or any that is submitted via your account; or (vii) any other party’s access and use of the Site or Services with your unique username, password or other appropriate security code.

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NO WARRANTY

We strive to provide the service in the way you need it, but there are some things it is important for you to understand that we cannot promise.
The site and services are provided on an “as is” and “as available” basis. Use of the site and services is at your own risk. To the maximum extent permitted by applicable law, the site and 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 written, obtained by you from Company or through the site or in connection with the services will create any warranty not expressly stated herein. Without limiting the foregoing, Company, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the site or services will meet your requirements; that the site or 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.

Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Company site or services or any website or service hyperlinked to the site, and Company 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. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

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LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event, and under no legal theory, shall company, 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 inability to use, this site or services. Under no circumstances will company 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.

​This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. The foregoing limitation of liability 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 liability under this agreement will not apply to the extent prohibited by applicable law.

To the maximum extent permitted by applicable law, company assumes no liability or responsibility for any: Errors, mistakes, or inaccuracies of content; Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our site or services (except as expressly provided in the limited security warranty policy);
Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; Any interruption or cessation of transmission to or from the site;
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party; Any errors or omissions 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 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 company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to company hereunder in the twelve (12) months prior to the date the last cause of action arose or $100.00, whichever is greater.

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BUSINESS FAILURE

In the event that Company ceases operations, we will attempt to make reasonable efforts to return the Customer Items, but cannot guarantee if and when such returns will occur. Company will not be liable for any failure to return Customer Items in the event of a business failure.

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TERMS ACCEPTANCE

You certify that you have read and expressly agree to the terms and conditions of NO WARRANTY and you acknowledge that this section limits your legal rights and remedies. You intend your assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law.

You expressly agree and acknowledge that you may discover facts or law different from, or in addition to, the facts or law that you know or believe to be true with respect to the Claims and the Released Persons. Nonetheless, you expressly agree and acknowledge that this section shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. You expressly agree and acknowledge that all rights under California Civil Code Section 1542 are expressly waived.

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