Terms & Conditions
1. PARTIES TO THE AGREEMENT
- This Agreement is made by and between Cincinnati Valet Storage, LLC DBA Kept Storage an Ohio corporation and its affiliated entities(“Kept Storage,” “we,” “us” or “our”), and you, the customer (“customer,” “you” or “your”). For the avoidance of doubt, a customer includes any visitors to our websites, users of our web or mobile applications and customers employing our services.
- “Containers” means the bins, packages or other containers in which the Stored Items are (or are to be) packed.
- “Delivery” means any deliveries of empty Containers and/or return of Containers or Stored Items.
- “Force Majeure” means any unforeseeable circumstances beyond our control, including but not limited to war, threat of war, terrorist activity, strikes or other industrial action, riots, fire, storms or any other natural disaster, adverse weather conditions, failure in the telecommunications networks, power cuts, traffic conditions, road closures, or accidents.
- “Pick Up” means pick up or collection of Containers or Stored Items.
- “Services” means any and all services or products which we may offer at any time and from time to time, including, without limitation, the Pick Up, storage, and Delivery of Stored Items.
- “Kept Bins” mean the Containers provided by Kept Storage to the customer, whether the Containers are empty, packed by the customer, or packed by Kept Storage.
- “Kept Representatives” means any employee, subcontractor, agent or other authorized representative of Kept Storage.
- “Stored Items” means the Customer’s items which are stored by, , us, whether they are stored in Kept Bins, other Containers, on their own outside of any Container, or in any other manner.
- “Website” means our website at https://Keptstorage.com or any other website under which we provide our Services or subsequent URL which may replace it.
- In order to make use of our Services, you must register and create an account with us. You are responsible for ensuring that the data you provide is complete and accurate and that you will update it as and when any details may change. You are responsible for keeping your login information, including, without limitation, your data and password, safe and for taking all reasonable steps to ensure no one other than yourself can access your account and the Services. You must also ensure that any email address, personal information or contact and billing information you provide is valid and up to date.
4. STORED ITEMS AND STORAGE
- You acknowledge and agree that we are providing the Services in accordance with this Agreement in exchange for your payment as set forth herein. You represent and warrant that throughout the entire term of this Agreement and/or your use of the Services that all Stored Items are and shall remain your property or that you have the express permission and authority of the person who owns the Stored Items to use our Services and store the Stored Items with us.
- All Kept Bins remain the property of Kept Storage unless purchased from us.
- While Kept Storage may provide guidance with respect to packing your items, you are responsible for carefully packing all items and protecting them with protective wrapping, padding or other appropriate materials. Stored Items packed by the customer are packed entirely at the customer’s own risk (subject to an applicable, effective Protection Plan).
- Stored Items must not include prohibited, illegal, stolen or perishable items (“Prohibited Items”). Prohibited Items include but are not limited to plants, animals or other organisms (whether living or dead), fossils, flammables, firearms, weapons or explosives of any kind, chemicals, hazardous or toxic materials of any kind, items which emit any kind of odor or fumes, compressed gases, any currencies, bonds or securities, any item of high value such as jewelry, antiques, fine art, fine wines, any currencies or precious metals, any perishable item, or any personal identifying information (for example, social security cards, passports, birth certificates). We may refuse to store any Stored Items for any reason or for no reason in our sole and absolute discretion. Notwithstanding the foregoing, Kept Storage shall have no liability whatsoever (including with respect to loss or damage) for Prohibited Items stored by Kept Storage. Customer represents and warrants to Kept Storage that the Stored Items do not contain Prohibited Items.
- We or any Kept Representative may at any time open your Containers or otherwise access your Stored Items (a) if we reasonably believe that they are or contain any Prohibited Item, (b) if we are required to do so by any competent authority, local authority or by law or any court order, (c) if we feel people or property are at risk of injury or damage, or (d) upon breach of this Agreement by you. Should any Stored Item pose a risk to our employees or other Kept Representatives, facilities, or items stored by other customers, we may dispose of those items without compensation to you. We shall have no liability in the case that we are asked or required to provide access to any Stored Items to, or to transfer any Stored Items to, any government or law enforcement agency or if we are required by them or a court order to dispose of or destroy any Stored Items. We shall have no liability in the case that we are required to provide notice to any law enforcement agency or other authority in connection with your Stored Items. Any costs or losses incurred by us associated with any of the foregoing activities described in this Section 4.e shall be the responsibility of the customer.
- We may store the Stored Items in any manner consistent with our Services, subject to the conditions of this Agreement and provided that we maintain the level of service described herein. While we regulate the temperature of our storage facilities, Although we strive to ensure our storage facility has features such as climate control, security, etc., we cannot guarantee such conditions at all times.
- Customer may not access our facilities or vehicles or those of any Kept Representatives at any time.
5. PICK UP AND DELIVERY
- You are required to ensure that our employees or any Kept Representatives have reasonable access to your premises in order for us to ensure that we are able to complete the Pick Ups and Deliveries with respect to our Services. You are responsible for ensuring that the Stored Items are available for Pick Up on an easily accessible ground floor or within easy access to an elevator. You must ensure there is reasonable access from the road to the premises for any Pick Up or Delivery. In the case that any of these conditions is not fulfilled and our Services are therefore impacted, you may be charged an additional fee or the Services may be withheld.
- You or someone over the age of eighteen (18) authorized by you in writing (an “Authorized Person”) must be present at the premises during all Pick Up and Delivery time windows. If you or an Authorized Person fails to receive the Pick Up or Delivery, you may be charged an additional fee.
- Subject to further terms and conditions as listed in Article 15, we shall not be held liable for any cancellations or the rescheduling of Pick Ups or Deliveries as a result of Force Majeure or if any of our employees or other Kept Representatives, at their sole and absolute discretion, are not comfortable or otherwise do not feel safe with respect to the Pick Up or Delivery.
- We may refuse the Pick Up of any Stored Items or Containers that do not comply with the terms stipulated in Article 4 as determined by us at our sole and absolute discretion. You may be charged an additional fee in the event we refuse a Stored Item or Container.
- Kept Bins are provided to you only for (1) the package and storage of your Stored Items Customer must schedule Kept Bins to be picked up by Kept Storage within fourteen (14) days from the date the Kept Bins were provided to you. If you have not scheduled the Kept Bins for pick up by Kept Storage within fourteen (14 ) days, you will be charged the retail price per Kept Box. When we come for a Pick Up of Stored Items, you must return to us all Kept Bins that we previously provided to you. If you retain any Kept Bins for a longer time and schedule another Delivery, you may be charged an additional fee per Delivery and any subsequent Pick Up or Delivery.
- If you keep Kept Bins for yourself, you will be charged the $25 retail price per Kept Box.
- In connection with the Services, you hereby grant a security interest in your Stored Items in favor of Kept Storage.
6. PAYMENTS AND CHARGES
- All applicable charges are those specified on the Website at the time of booking or as otherwise quoted in writing by a Kept Representative.
- All applicable charges are subject to change at any time at our sole and absolute discretion. In the case that our standard rates are increased, we will provide you with notice in advance of the changes taking place. You are entitled to terminate the Agreement in accordance with Article 8 if you do not wish to continue to use our Services as a result of an increase in our standard rates.
- We accept payments only by credit card. This provision is subject to change at any time at our sole discretion. We may refuse to accept any payment type or method at any time at our sole and absolute discretion.
- We may require you to enter your credit card or other payment information in order to make use of our Services and to register for our Services. Your saved payment information may be used to bill all future charges automatically.
- Services will be billed on a monthly basis with storage charges and any other charges, including but not limited to Pick Up or Delivery-related charges and the rental of Kept Bins, in advance following the initial Payment Date. Unless otherwise provided pursuant to any applicable promotion, the initial Payment Date shall be the earliest of either the date on which there is a Pick Up of Stored Items from you or five (5) days after we first deliver Kept Bins to you.
- Customers are not entitled to refunds for any charges related to storage, Pick Up or Delivery services, any Services or any other charges billed that are not otherwise prohibited by these terms. Refunds will only be processed if errors in billing are correctly identified and agreed to by us or as we may otherwise agree at our sole and absolute discretion.
- You agree to compensate us in full against all costs and expenses incurred by us in the event a payment cannot be completed for whatever reason. You will also be charged an administrative fee in connection with any such payment.
- If you fail to pay any amounts due and payable to us, then we may not return your Stored Items until all amounts due and payable have been paid.
- If you fail to arrange payment for any amounts payable to us by the due date and after a period of 30 days, we may charge a monthly penalty, in addition to the outstanding amounts due and any administrative fees of $20.
- In the event that any outstanding charges or payments are not received by us within 30 days, we shall issue a final payment reminder notice. If we have still not received the outstanding charges or payments owed to us by you, we shall be entitled to place a lien over the Stored Items and we will have and exercise the rights and remedies available to us at law and/or in equity. Under such situation, you authorize us to withhold the Stored Items and refuse access to them by you or any of your Authorized Persons or other agents. Upon default by you hereunder, the ultimate disposition of the Stored Items by us will be made in accordance with applicable law.
- Customer may arrange for Kept Storage to sell or otherwise dispose of a Stored Item or Stored Items on mutually agreeable terms.
7. LIMITATION OF LIABILITY
- Subject to an applicable, effective Protection Plan, we shall not in any event be held liable or responsible for, and Customer will hold harmless each of Kept Storage and any Kept Representative from, any damage or loss to the Stored Items that arises for any reason or any damage or loss as a result of your using our Website or Services, other than as a consequence of any breach of this Agreement or by any act of gross negligence or willful misconduct in each case by Kept Storage or any Kept Representative. Further, we shall not be held liable or responsible under contract, tort, strict liability, negligence, or any other legal theory, for any lost profits, revenues, savings, or consequential, special, incidental, punitive or indirect damages. Except as specifically described in this Section 7.a, you acknowledge and agree that use of our Website and our Services is entirely at your own risk.
- You acknowledge that we are not aware of the value of the Stored Items and you are responsible for procuring and maintaining insurance for your Stored Items as you may feel you require.
- At the time of Pick Up or Delivery to/from your premises, you are responsible for ensuring that Stored Items are packed in accordance with Section 4.3. Subject to an applicable, effective Protection Plan, we shall not be held liable for any loss and/or damage to any Stored Items as a result of insufficient or improper packing or protection, any deterioration of Stored Items which may happen over time, fragility of any Stored Items, any defects of Stored Items or any forfeiture or seizure of Stored Items.
- Any boxes provided by the Customer must be in good condition, well packed and properly sealed in order to ensure items are safe. We hold the right to refuse to store any boxes provided by Customer if we are not comfortable with the quality of the box or its dimensions. Storage of goods not packed in Kept containers is stored entirely at your own risk and we do not take responsibility for how the goods have been packaged or stored nor for the integrity of the box or packaging you have used if accepted by Kept.
- You are responsible for inspecting Stored Items returned to you from us for any loss or damage. If you believe there has been loss or damage to Stored Items, you must notify Kept Storage within two (2) days of the return of Stored Items to you, otherwise any claim by you will be deemed waived. We reserve the right to inspect the Stored Items and take pictures of any alleged damage or loss before a claim can be made.
- EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, KEPT STORAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
- In any event an Item has been lost or damaged the total amount paid will never exceed $2000.00 per customer.
- Maximum Value of Property. You declare, for the purposes of this Agreement, that the maximum value of Property stored or held by Kept under this Agreement is $200.00 per Container or individual item of Property if not stored in a Container (the “Declared Value”). You agree that in no event shall the total value of ALL Property stored or held by Kept under this Agreement be deemed to exceed $2,000.00.
- Limitation of Kept Liability for Loss or Damage to Property. Kept shall not be liable for any loss, damage or destruction of Property, unless and to the extent the loss, damage or destruction resulted from Kept’s failure to exercise such care as a reasonably careful person would exercise under like circumstances. If Kept is liable, the amount of damages You may recover from Kept for any such loss, damage or destruction of Property is limited to the lesser of the fair market value or the Declared Value of the Property.
- Kept’s maximum aggregate liability to You under this Agreement is $2,000.00.
- No Consequential Damages. In no event shall either party be liable for any consequential, incidental, special or punitive damages, or for loss of profits, regardless of whether an action is brought in tort, contract or under any other theory.
- Further Limitation of Liability. You acknowledge and agree that We shall not under any circumstances whatsoever be responsible or otherwise liable, directly or indirectly for any loss or damage to Your property due to any cause, including, but not limited to fire, explosion, theft, vandalism, wind, or water damages or any other act of god or hostilities whether known or subsequently discovered in our facility or from any act or omission of any third party regardless of whether such loss or damage may be caused or contributed to by the Our negligence, or our employees, agents, or assigns.
- In any event of alleged damage or loss, we are entitled to request proof of the alleged loss or damage and the replacement or initial cost of the lost or damaged Stored Items. Subject to an applicable, effective Protection Plan, in no event will we be liable for:
- Loss or damage resulting from a terrorist attack, war or military action;
- Loss or damage resulting from unknown or mysterious causes;
- Loss or damage resulting from nuclear reaction, radiation or radioactive, biological or chemical contamination;
- Loss or damage resulting from theft;
- Breakages, denting, scratching, chipping, marring or any accidental damage;
- Loss or damage incurred in transit or during loading or unloading;
- Loss or damage resulting from flooding or other water damage; or
- Loss of or damage to electronic items. Electronic items are defined as all items of consumer and commercial electrical appliances and instruments including but not limited to radios, televisions, computers, computer software, hard drives, chips, microchips, printed circuit boards and their components, modems, monitors, cameras, facsimile machines, photocopies, VCRs, hi-fis, stereos, CD players, digital recorders/players and the like.
- Consequential damages of any kind or description; or
- Loss of or damage to data records other than the cost of blank data-carrying materials;
- You may terminate this Agreement at any time by requesting the return of your Stored Items and settling any outstanding charges due to us. If, at the time of termination, one month or more remains in the initial term of the Services (i.e., the term selected for our storage of your Stored Items), you will be charged an early termination fee in an amount equal to your monthly payment for the Services.
- We may terminate this Agreement at any time and with immediate effect by providing written notice to you.
- Upon termination by either you or Kept Storage, you must ensure that you contact us to arrange the return of your Stored Items and such return must be arranged within five (5) days from the date of notification. If, for any reason, within five (5) days following the termination of this Agreement you have not arranged the return of your Stored Items, we will handle them in accordance with Article 6.
9. INTELLECTUAL PROPERTY RIGHTS
- We retain ownership of all intellectual property rights or interests of any kind related to our Website and Services, including all applicable copyrights, patents, trademarks and other property rights, except for those which may be held by third parties, and nothing herein shall be construed as an assignment, grant, option, license, or other transfer of any such right, title, or interest whatsoever.
11. SUBCONTRACTING AND ASSIGNMENT
- We may at any time subcontract, assign or transfer any or all of our rights and obligations under this Agreement to any third party or agent at any time without notice to you. Any subcontracting, assignment or transfer of any or all of your rights and obligations under this Agreement by you is expressly prohibited. This Agreement shall be binding on your personal representatives, heirs and successors. You acknowledge and agree that Kept Storage may store the Stored Items in, and transfer the Stored Items to, any of our facilities as determined by Kept Storage.
- You shall not under any circumstances sub-license or re-sell any of the Services that we offer nor shall you represent us or act as our agent in any way for any reason whatsoever without our prior written consent. You shall use our services only for personal, non-commercial purposes.
- You agree to indemnify, defend and hold us, our employees, agents, other customers, suppliers, directors and any other Kept Representatives harmless from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by you. This Section 12.1 also applies to any other liabilities arising out of your use of our Website or Services or by any other person accessing our Website or Services under your account or using your data.
- Any notices given by you to us must be in writing by email to email@example.com or by registered mail to the address specified on our invoices. Any notices given by us to you will be in writing and may be given by email, regular mail or in accordance with any applicable laws with respect to such notice. Such notice shall be directed to the email or postal address you have provided to us through our website or as separately provided to us in the form of a notice according to details stipulated in this Article 13. Unless any applicable law provides otherwise, a notice hereunder shall be deemed to have been given (a) at the time the registered mail has been signed for by us in the case of registered postal mail, (b) three (3) days from the time the notice has been sent out in the case of regular mail, and (c) at the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
14. PROTECTION PLANS
- From time to time, Kept Storage may offer protection plans for Stored Items for purchase by the customer. A protection plan is an arrangement where Kept Storage will reimburse the customer the current value of the customer’s Stored Items in the event the customer’s Stored Items are damaged or lost while being held by Kept Storage, in exchange for the payment of the additional monthly fee to Kept Storage for such protection plan selected by the customer and subject to the terms and conditions of the protection plan (a “Protection Plan”).
- If the customer has affirmatively selected a Protection Plan and paid the monthly fee for such Protection Plan, Kept Storage will reimburse the customer the current value of the customer’s Stored Items for damage or loss to customer’s Stored Items while being held by Kept Storage (during the period such Protection Plan is effective) in an amount up to the lifetime maximum amount offered under such Protection Plan and as such value is reasonably determined by Kept Storage. If the customer selects a Protection Plan, but does not pay the additional monthly fee for a Protection Plan, such Protection Plan will automatically terminate.
- If you believe there has been damage or loss to your Stored Items that are subject to a Protection Plan, you must notify Kept Storage within two (2) days of the return of Stored Items to you, otherwise any claim by you will be deemed waived.
- Protection Plans are not offered for Prohibited Items.
- We will not be held liable or responsible for any failure to perform or delay in the performance of the Services caused by Force Majeure.
- This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any choice or conflict of law principles of any jurisdiction.
- We reserve the right to amend or modify this Agreement from time to time at any time at our sole and absolute discretion. It is your responsibility to review this Agreement. You waive any right you may have to receive specific notice of any changes or modifications to this Agreement or any terms, conditions or policies. The latest version of this Agreement will always be accessible at https://keptstorage.com. Your continued use of our Services will be deemed to represent your acceptance to the latest version of this Agreement, as modified. If you do not agree with any changes to this Agreement, you may terminate this Agreement in accordance with Article 8.
- Military Service Status. You shall notify us if you are a “servicemember” on “military service” as such terms are defined in the Servicemember Civil Relief Act, as amended (a “Military Member”). Military Members include members of the United States armed forces, members of the commissioned corps of the National Oceanic and Atmospheric Administration, and the commissioned corps of the Public Health Service on active duty, on qualifying active service, or absent from duty due to sickness, injury, leave or other lawful cause. If you are a Military Member, it is your responsibility to notify us of your status as such and of any changes in your contact information or any other information you have provided to us. If you are not currently a Military Member, but become a Military Member, you must notify us within thirty (30) days of becoming a Military Member.
- If any provision of this Agreement shall be found by any court, arbitration proceeding or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.
- WAIVER OF JURY TRIAL; ATTORNEYS FEES. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES ALL RIGHTS TO A TRIAL BY JURY IN ANY LEGAL ACTION TO ENFORCE OR INTERPRET THE PROVISIONS OF THIS AGREEMENT OR THAT OTHERWISE RELATES TO THIS AGREEMENT. ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN COURTS OF COMPETENT JURISDICTION IN THE STATE OF OHIO, COUNTY OF HAMILTON. EACH PARTY IRREVOCABLY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF OHIO, COUNTY OF HAMILTON. IN THE EVENT THAT A PARTY INSTITUTES ANY LEGAL SUIT, ACTION, OR PROCEEDING AGAINST THE OTHER PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, IF THE PREVAILING PARTY IN THE SUIT, ACTION OR PROCEEDING IS KEPT STORAGE, KEPT STORAGE SHALL BE ENTITLED TO RECEIVE, IN ADDITION TO ALL OTHER DAMAGES TO WHICH IT MAY BE ENTITLED, THE COSTS INCURRED BY KEPT STORAGE IN CONDUCTING THE SUIT, ACTION, OR PROCEEDING, INCLUDING ATTORNEYS’ FEES AND EXPENSES AND COURT COSTS.
- Any feedback, comments or suggestions you provide shall be the sole property of Kept Storage. You agree and acknowledge that Kept Storage shall have no confidentiality obligations with respect to such feedback, comments and/or suggestions and that we may incorporate such feedback, comments and/or suggestions into our Website or Services or otherwise. You agree and acknowledge that you have no rights to anything we may develop, create or otherwise employ (including, without limitation, any intellectual property) in response or as a result of any feedback, comments or suggestions.