(Updated and effective as of December 23, 2014)
Thank you for using Binstro’s By-the-Bin storage service! The following Terms of Service (“this agreement”) control your use of Binstro’s storage services, as defined in Section 1 below.
Please read this agreement carefully. This agreement is an important contract between you, our users, and us, Binstro. This agreement is presented in both a non-binding summary format as well as the full legalese.
The terms below are used throughout the agreement, and have specific meanings within the context of this agreement. You should know what each of these terms means.
• “Storage Service” refers to any and all of the pickup, transport, storage, and delivery services provided by Binstro.
• “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in this agreement.
• The “Website” refers to Binstro’s website located at http://www.Binstro.com/, and all content, services, and products available at or through the Website, notably access to the User Account which provides the Subscriber access to his or her bins.
• "The Subscriber,” “You,” and “Your” refer to the individual person that is entering into this Agreement with us.
• “Binstro,” “We,” and “Us” refer to Binstro, LLC. as well as its affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
• “Subscriber property” refers to any material objects, goods, or items stored or held by Binstro.
2. User Responsibilities and Restrictions
You are allowed to use the Storage Service as long as you follow a few simple rules. It is the your responsibility to follow these rules.
1 Content of Binstro bins: You may not store any of the following items in Binstro bins:
? Illegal items
? Living things
? Flammables of any kind (gas, diesel, kerosene, oil, paint, etc.)
? Stolen items
? Hazardous items of any kind
? Hazardous or toxic waste material of any kind
? Used tires
? Items that produce odors of any kind; or
? Any item which does (or may) detrimentally affect anyone or anything that is outside of your bin (such as our employees, the bins of other users, our storage facility, etc).
2 Safe Packing: You are responsible for packing your items in a manner that ensures that they can be transported and stored without damage.
3 No Abandonment: You are responsible for paying your Binstro fees on time. You are responsible for ensuring that your subscription to our service does not lapse. In the event that you fail to pay your fees or you do not retrieve your items, we will send you a Notice of Abandonment at the address you listed in your User Account. You may reclaim abandoned property by following the instructions in the notice we send you within the time limit stated in the notice. If you do not reclaim abandoned property, we may dispose of it in accordance with the laws of the State of Texas.
4 Compliance With Laws. You are responsible for complying with local, state, and federal laws, rules, and regulations regarding storage of items, as well as all of Binstro’s policies. You represent and warrant that: (i) you are of legal age to, and have the authority to, bind yourself to this Agreement; (ii) your use of our Service will be solely for purposes that are permitted by this Agreement; and (iii) your use of our Service will comply with all local, state and federal laws, rules, and regulations, and with all of Binstro’s policies.
3. Binstro Responsiblities
Binstro has developed a system for pickup, storage, and delivery of your property.
• Pickup and Transport: Binstro will deliver empty Binstro bins to your home. You are responsible for safely and securely packing your items into the provided Binstro bin. Bins should not be overpacked and Binstro may refuse pickup of any overpacked bin. Once you pack the bin, a Binstro employee will pick up your Binstro bin, register the bin into our security system, and issue you a receipt. Binstro will transport Your Property to a secure warehouse and you allow Binstro to move your bin from time to time, at our discretion, in connection with the storage of the bins. In the event that you are not present when Binstro arrives to pick up your bins, you will be charged a fee of $30 and you will have to schedule a new pickup time. Once you arrange for the pickup of your bins, you are representing and warranting to us, Binstro, that the bins have been packed appropriately. You also agree that Binstro is not responsible for any damage caused by bins that are not properly packed.
• Storage and Protection: Binstro will store Subscriber Property in a secure warehouse.
• Retrieval and Delivery: When you request a bin, Binstro will pick up Subscriber property at our warehouse and transport it to the location you selected, at the time you scheduled.
• Should you, the user, terminate this Agreement and your account, you will be responsible for paying any and all fees for the calendar month in which termination occurs.
• Should we, Binstro, choose to terminate the Agreement, we will arrange for any of your Property that we still hold to be delivered to you. This delivery will be at our expense, unless termination is due to your breach of this Agreement, in which case you are responsible for all costs.
• Pricing and Billing:
Minimum Storage Term: The service has a minimum storage term of sixty days. That is to say Binstro will bill the user for two months worth of storage charges even if the user stores for as little as a single day.
• Schedule of Charges:
The Schedule of Charges listed below lists the charges you agree to pay if you use the service.
The monthly charges for storing items with Binstro are listed below:
Blue Bin monthly charge: $5.00
File Bin monthly charge: $1.50
Wardrobe Bin monthly charge: $12.00
Large Item (Too big to bin) monthly charge: Priced Individually
Binstro reserves the right to determine the exact value of the monthly charge for items too big to fit into a bin.
Fees and other Charges
• Late Return Fee: $5 per bin, per week
Should you fail to store your bins within fourteen days of ordering them, you will be charged $5 per bin every seven days, starting on the first day of delinquency, until the bins are stored.
Delinquency Fee: $10
Should you fail to make a payment within seven days of your scheduled payment date, you will be charged $10 each seven days, starting on the first day of delinquency, until you pay your balance.
Not present for delivery or pickup: $30
Should you fail to be present for a scheduled delivery or pickup you will be charged $30.
Same-day Cancellation: $15
Should you cancel or reschedule your appointment within twenty-four hours of the time that it is scheduled, you will be charged $15.
Damaged Bin Fee: $25
Should you return a bin in an unusable condition, punctured, vandalized, disfigured, or damaged in any way, you will be charged $25.
Unreturned Bin Fee: $30
Should you fail to return your bins within sixty days, you will be charged $30 per bin. The unreturned bins are then yours to keep.
Order Cancellation Fee: $30
Should the user order empty bins from Binstro and return them empty, without storing any items, they will be charged $25.
Auction and Disposal Fee: $100
Overstuffing Fee: $5 per bin.
Should the user fill bins in such a way that they will not close completely; and/or exceed seventy-five pounds in weight, the user will be charged $5 per bin.
Late Add-on Fee: $50
Should the user add large items to their order less than twenty-four hours before their pick-up time, they will be charged an additional $50.
Early Withdrawal Fee: $20
Should the user store large items and re-order them from storage in less than sixty days, the user will be charged an Early Withdrawal Fee of $20.
• We will notify users of any change in prices or pricing structure at least thirty days prior to the change taking effect.
• Monthly Billing: We, or a third party payment processor working on our behalf, will charge the credit or debit card that you left on-file with us each month.
• Cancellation: You may cancel and terminate your subscription at any time by logging on to your User Account or contacting support; however, we do not prorate. You are responsible for all fees, including late fees and taxes, associated with your use of the Service.
• Disputes: Please contact [email protected] to discuss any disputes regarding payment.
• Authorization: By agreeing to these Terms, you are giving us permission to charge your on-file credit or other approved methods of payment for fees that you authorize for us, Binstro. Depending on the transaction, we may charge you on a one-time or recurring basis.
• Responsibility for Payment: You are responsible for providing us with a valid means of payment. You are responsible for all fees, including late fees and taxes, associated with your use of the Storage Service. By using our Storage Service, you agree to pay Binstro any charge incurred in connection with your use of the Storage Service, without demand, unless you dispute the matter.
• Our Responsibilities: We agree to present you with a full invoice of each charge in advance of charging your credit card or other accepted means of payment. In the event of a disputed charge, we may provide refunds on a case-by-case basis.
6. Limited Warranty
We will do our best to provide professional storage service by trained personnel. However, we make no other promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
• Binstro represents and warrants that personnel, who have been trained in respect to our service, will provide our service in a professional and workmanlike manner. Binstro makes no representations or warranties of any kind, except as provided in this section. Binstro expressly disclaims all warranties, whether express, implied or statutory, regarding our Service including without limitation any warranty of merchantability or fitness for a particular purpose.
• Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
7. Limitation of Liability
In the event of damages or losses arising from your use of our service or arising under this agreement, our liability is limited. Please read this section carefully; it limits our obligations to you.
• In the event of any loss, damage, or destruction of Subscriber Property caused by Binstro’s breach of any obligation to Subscriber, Binstro’s liability will be limited to direct damages in the amount of the cost (fair market value) of the Subscriber Property, up to $250.00 for each Binstro bin rented, with an aggregate limit of US $2,000.00 for all property. In other words, for each bin provided by Binstro you represent and warrant that the property in any one bin shall not exceed a value of $250.00 and you represent and warrant that the total value of all property stored does not exceed $2,000.00.
• With respect to all other claims, in no event will Binstro be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, even if foreseeable, that result from (i) your use or inability to use the Service; (ii) the Service generally; the timeliness or availability of deliveries; or your access to Subscriber Property; or (iii) any other interactions with Binstro, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth in this agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
• Force majeure. Binstro will not be liable for any default or delay in performance of any of our obligations under this Agreement, or for the damage or destruction of any Subscriber Property, if caused, directly or indirectly, by fire, earthquake, flood, the elements, or other such causes; labor disputes, strikes, or lockouts; wars, acts of terrorism, riots, or civil disorder; environmental disaster; accidents or unavoidable casualties; interruptions of or delays in transportation or communication; governmental action or change in regulation; or any similar cause beyond Binstro’s control. Binstro agrees to maintain a reasonable disaster response plan for providing the Storage Service during an event of Force Majeure, and to implement that plan during such periods within a commercially reasonable period of time.
• Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
8. Release and Indemnification
You are responsible for your use of our service. We are not responsible for damage caused by you or your misuse of the service. If you injure or harm somebody else, misuse our service, or get into a dispute with someone else, we will not be involved in any way.
ALL PERSONAL PROPERTY IS STORED BY YOU, AT YOUR SOLE RISK, AND IS YOUR SOLE RESPONSIBILITY. Binstro and its agents and employees will not be reponsible for any loss, liability, claim, expense or damage to your property and you hereby release and agree to indemnify and hold harmless Binstro from and against any and all such loss, liability, claims and expenses, including attorneys’ fees, arising out of your use of the Storage Service, including but not limited to your violation of this Agreement or misuse of the Storage Service and you expressly waive any right of subrogation of any insurance you may have obtained to have any claim against Binstro and it agents or employees. In other words, if you sustain a loss and your insurance company pays your claim or reimburses you for your loss, you waive any right of subrogation your insurance company may have to proceed against Binstro for such loss to the full extent allowed by law.
9. Modification of Terms of Service
Binstro may modify, adjust or change the terms of this agreement. Should we do so, we will notify users of changes that affect your rights.
Binstro reserves the right, to amend these Terms of Service at any time and at our sole discretion and will update these Terms of Service in the event of any such amendments. Binstro will notify our Users of any material changes to this Agreement in the subscription period prior to the change taking effect by posting a notice on our home page and sending an email to the email address you provided to us. Non-material modifications will be posted on the Binstro website, and will take effect at the beginning of the next subscription period.
In the unlikely event that a dispute arises between you and us, you agree to resolve any dispute, other than a claim for equitable or injunctive relief, through individual arbitration. The following section explains our arbitration policy.
• Arbitration: Should a dispute arise between you and Binstro, we will provide you with a neutral and cost-effective means of resolving the dispute quickly. For any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement where the total amount of the award sought is less than $75,000, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration.
• Procedure: Any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Austin, Travis County, Texas, using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and, except as otherwise provided herein, all modifications must be in a writing signed by both parties.
• No Right to Jury Trial: You acknowledge that you are waiving your right to a jury trial. This section of this agreement is governed by the Federal Arbitration Act.
11. User-Created Content
Users own any content they create. By posting your content on our website, you are allowing us some rights to it, so that we can display and share the content you post. We have the right to remove content or close accounts if we need to.
• Responsibility for User-Created Content: Users may add, generate, or create content, such as photographs, text, or other content, while using our Service (“User-Created Content”). You are solely responsible for the content of, and any and all harm resulting from, any User-Created Content that you post, upload, link to, share, add, or otherwise make available via the Service, regardless of the form that content takes. Any liability, loss or damage that occurs as a result of the use of any User-Created Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any damage, misuse, or public display of your content.
• Right to Post: You represent and warrant that you have the right to post all User-Created Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Created Content, and have taken all steps necessary to pass through to end users any required terms.
• Binstro May Remove Content. We have the right (but not obligation) to, at our sole discretion, determine whether or not any User-Created Content is appropriate and complies with these Terms of Service; refuse or remove any User-Created Content that, in our reasonable opinion, violates any Binstro policy or is in any way damaging, harmful, inappropriate, or objectionable;
• Binstro May Deny Access to User: We have the right to, at our sole discretion terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
• Ownership of User-Created Content: You retain all ownership of, control of, and responsibility for User-Created Content you post. You may control access to your User-Created Content through settings in your user account.
• License Grant: In order to allow Binstro to use User-Created Content you upload to the Service reasonably without violating any rights you have in it, you grant us the following rights: by posting any Content via the Website, you expressly grant Binstro and our successors a non-exclusive, worldwide, transferable, sublicenseable, fully-paid and royalty-free license to use, reproduce, display, modify, adapt, distribute, and perform the User-Created Content in connection with Binstro’s business purposes. This license does not grant Binstro the right to sell User-Created Content or otherwise distribute it outside of our Service. This license will be terminated at the time when the User-Created Content is removed from the Service.
• Governing Law – Except to the extent applicable law provides otherwise, this Agreement between you and Binstro and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions. You and Binstro agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Austin, Texas and County of Travis, Texas, except as provided elsewhere in this Agreement.
• Limitation of Term of Action – You agree that any cause of action related to or arising out of your relationship with Binstro must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
• Non-Assignability – Binstro may assign or delegate this Storage Service Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Storage Service Agreement without Binstro’s prior written consent, and any unauthorized assignment and delegation by you is void.
• Section Headings and Summaries Non-Binding – Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
• Severability – If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Binstro to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
• Complete Agreement – This Agreement, together with the Binstro Terms of Service and all other documents incorporated within it, represent the complete and exclusive statement of the agreement between you and Binstro. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Binstro relating to the subject matter of these terms. This Agreement may only be modified by a written amendment signed by an authorized executive of Binstro, or by the posting by Binstro of a revised version.
13. You acknowledge that you agree to this agreement
You acknowledge that you have fully read this agreement, understand it, and will be bound by its terms and conditions. You acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any prior proposal agreement, oral or written, and any other communications between us relating to this agreement.