TERMS OF WEBSITE USE
TERMS AND CONDITIONS OF SERVICES
Your usage of this Website in any capacity and/or the purchase of any services therefrom constitutes Your acceptance and consent to be bound by these Terms. If You do not wish to accept these Terms, You must immediately cease usage of this Website and not purchase, schedule, or actually use any services available from this Website. These Terms apply to Your use of this Website, any order for services You place through this Website (hereinafter, “Order”), and Your use of any services associated with Your Order from this Website (hereinafter, “Services”).
2. Content Disclaimer. Your use of this Website is subject to the additional disclaimers and terms that may appear throughout this Website. JuuJ Box and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction You take based on the information, Services, or other material on this Website. While JuuJ Box strives to keep the information on this Website accurate, complete, and up-to-date, JuuJ Box cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on this Website.
3. Links to Third-Party Sites. This Website may include or provide links to other websites, advertisements, offers, activities, or other content, which is not owned, controlled, or otherwise influenced by JuuJ Box. Some information available through this Website may be subject to the applicable terms, conditions, and disclosures of third parties. Any provided third party materials containing information related to third parties is provided for Your reference and convenience only, and does not imply any endorsement, sponsorship, or recommendation by JuuJ Box. JuuJ Box makes no representations or warranties with respect to the content, ownership, or legality of any such third-party sites or other content. You agree that JuuJ Box has no responsibility or liability for the availability of such third-party sites or other content.
Presently, JuuJ Box Services utilize third-party applications including Shopify (https://www.shopify.com/legal/privacy), Recharge Payments (https://rechargepayments.com/privacy-policy/), and MailChimp (https://mailchimp.com/legal/). By using the Website or placing an Order for Services, You agree to be bound by any applicable third party terms necessary to effectuate Your Order and the delivery of any Services comprising Your Order.
4. Disclaimer of Warranties With Respect to Use of Website. This Website is provided on an "as-is" and "as-available" basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, JuuJ Box expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. While JuuJ Box uses reasonable efforts to include accurate and up-to-date information on this Website, JuuJ Box does not make any warranty that this Website will meet Your requirements, that access to this Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. JuuJ Box makes no warranties as to the results that may be obtained from the use of this Website or as to the accuracy, quality, or reliability of any information obtained through this Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Website is used at Your own risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by You from JuuJ Box or through this Website shall create any warranty not expressly made herein.
6. Suspension of Website and/or Services Listed for Sale. You agree that JuuJ Box, in its sole discretion and at any time, may modify, discontinue, or suspend operation of this Website or any portion thereof and/or any Services offered thereon, temporarily or permanently, without notice to You. You expressly agree that these Terms do not create any right for You to perpetually access this Website or any information or Services contained therein, and that JuuJ Box is not liable to You for any actions it may take in continuing or suspending operations of this Website or any portion thereof, and/or any services contained therein.
7. Ownership and Intellectual Property. This Website is owned and operated by JuuJ, Inc., dba JuuJ Box. All rights, title, and claims to the content and information used on this Website are the property of JuuJ Box, and/or its authorized agents, partners, affiliates, subsidiaries, or other third-party partners. With the exception of the limited license to You described in this provision, nothing on this Website is intended to create any transfer of any ownership and intellectual property rights to You, and You acknowledge and agree that the information and content available through this, including but not limited to, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers are protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or to create derivative works based on this Website and/or any content or information available on this Website. You are granted a non-exclusive, non-transferrable, revocable, limited license to view, copy, and print content and information on this Website for the limited purposes of using this Website as a shopping and informational resource related to the services contained on this Website; You may not copy or use the content or information from this Website for any other purpose. You may not copy, reprint, redistribute, modify, or sell information or content retrieved from this Website for any commercial purpose or provide it to another commercial source without the express and prior written consent of JuuJ Box. Any rights not granted herein are expressly reserved to JuuJ Box.
8. User Requirements and JuuJ Box User Profile. In order to use most aspects of the Services, You must register for and maintain a JuuJ Box User Account (hereinafter, “Account”). Registration for an Account requires You to submit to JuuJ Box certain personal information, such as Your name, address, and mobile phone number, email address, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in Your Account and authorize JuuJ Box and its affiliates to charge Your credit card for any and all fees incurred by You for Your use of the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in Your inability to access and use the Services and/or termination of Your Account and ability to use the Services. You are responsible for all activity that occurs under Your Account, and, as such, You agree to maintain the security and secrecy of Your Account username and password at all times. Unless otherwise permitted by JuuJ Box in writing, You may only possess one Account per household. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and You may only use the Services for lawful purposes. In certain instances JuuJ Box or a third party contractor may require You to provide proof of identity to access or use the Services, and You acknowledge and agree that You may be denied access or use of the Services if You refuse or fail to provide proof of identity. By creating an Account, You agree that JuuJ Box may send you informational text (SMS) messages as part of the normal business operation of Your use of the Services. You may opt-out of receiving text (SMS) messages from JuuJ Box at any time by emailing a request to support@JuuJBox.com.
9. User Representations. You represent and warrant to JuuJ Box that You will (a) maintain the security of Your user identification, password and other confidential information relating to Your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that You receive, transmit through, or store on the Website; (c) be responsible for all charges resulting from the use of Your Account, including but not limited to, unauthorized use of Your Account prior to You notifying JuuJ Box in writing of such use; (d) comply with the Terms of Service set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding Your use of the Services, Your Account, or Website.
10. User Restrictions and Promotional Offers. You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of JuuJ Box and/or the copyright owner; or (ii) submit content or information that is purposely inaccurate, commits fraud or falsifies information in connection with Your Account or to create multiple Accounts. JuuJ Box may, in our sole discretion, create promotional codes that may be redeemed for credit for Services or other features or benefits, subject to the terms that JuuJ Box may establish on a per-promotional basis. You agree that promotional codes (i) must be used for the intended audience and purpose, (ii) cannot be combined with any other or multiple promotional offerings (iii) may not be duplicated, sold, or transferred in any manner or made available to the general public, unless explicitly approved by JuuJ Box in writing (iv) exceed or attempt to exceed quantity limits when purchasing offerings or promotions or otherwise using any Account to purchase offerings or promotions for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by the terms of these Terms and the terms of a specific offer on the Services. All promotional codes (i) may be disabled by JuuJ Box at any time for any reason without liability to JuuJ Box; (ii) are not valid for cash; and (iii) may expire prior to Your use. JuuJ Box reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promotional offer by You or any other user in the event that JuuJ Box determines or believes that the use or redemption of the promotion offer was in error, fraudulent, illegal, or in violation of the applicable promotional offer terms or these Terms. JuuJ Box shall pursue and prosecute to the fullest extent of the law any case of misrepresentation, fraud, or known or potential violations of the law or these Terms.
11. Services. Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on this Website and make reasonable efforts to correct any errors and inconsistencies. Be advised that JuuJ Box reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after Your credit card has been charged. If we discover an error after Your credit card has been charged and Your Order is cancelled as a result of the error, Your credit card will be refunded the full amount of Your Order. JuuJ Box charges a minimum order price and it is disclosed on JuuJ Box price list. The minimum order amount may change from time to time.
Ordering a JuuJ Box
To receive a JuuJ Box and start reclaiming Your space, You must place an Order for subscription to the box(es) You need through Our Website; You must first create and activate a JuuJ Box User Account before You are able to place an Order on the Website. If You have an existing JuuJ Box subscription, You may also request additional boxes to be added to or removed from Your subscription in the same manner. Upon processing Your Order for additional boxes to an existing subscription, JuuJ Box will deliver empty boxes to the customers home within 48-hours.
The price of Your Order and subscription will be based on the pricing listed on Our Website, at https://JuuJBox.com/collections/all, on the date of Your Order. Your method of payment on file will be used for all payments for Your subscription; please refer to Section 12 of these Terms (“Payment for Services”) for further details on how We process Your payments.
Packing a JuuJ Box
Your boxes will include a “Getting Started Kit” that will have packing tape, markers and labels included in it, along with instructions for properly packing, labelling, and shipping Your box. Please follow the included instructions to ensure that Your personal property and items (“Items”) are packed in a safe and secure manner.
JuuJ Box values the safety of Our customers, our employees, and our community in general. In order to ensure that We can provide Services in a safe and secure manner, the following items are expressly prohibited from storage with JuuJ Box, under any and all circumstances:
· Firearms, ammunition, any items that have the primary purpose of being used as a weapon;
· Any illegal items, illicit or counterfeit goods or materials, or any other contraband (for example, illegal drugs, stolen property, etc.)
· Any hazardous, flammable, and/or explosive materials (fireworks, gas, oil, paint, chemicals, or cleaning products, etc.);
· Any liquids (liquid soaps or shampoos, paint, beverages, cleaning products, motor oil, etc.)
· Any foods, perishable plants, or any other item that may potentially be perishable while in storage for any period of time;
· Any items that produce noxious fumes or strong odors;
· Any item requiring expertise to handle and store safely (pianos, workout equipment, kitchen appliances, etc.); and
· Any item which JuuJ Box deems to be a violation of these Terms, in its sole discretion.
Attempting to store or actually storing with JuuJ Box any such prohibited items will result in the termination of Your JuuJ Box Account, and Your prohibited Items will be returned to You if it is legal for JuuJ Box to do so; storage of illegal Items may necessitate that JuuJ Box contact the appropriate government authorities or agency, as required by applicable state and federal laws.
If You have any questions about Items You may want to store with JuuJ Box, please contact Our customer support prior to scheduling a pickup for Your Items, at support@JuuJBox.com.
Scheduling a Pickup of Your JuuJ Box
Once Your boxes are packed, You are ready to contact JuuJ Box to schedule a pickup! We will schedule the pickup of Your boxes within 48-72 hours of Your submission of a request for pickup via Our Website. You must be present at the time of pickup – our JuuJ Box Delivery Specialist will need You to sign an acknowledgment that Your box or boxes have been picked up, with a description of what the box(es) contained and an estimation of the value of the contents of the box(es). Our JuuJ Box Delivery Specialist may inspect Your Items and may notate the acknowledgment form with the observed condition of the Items. If you are not present when Our JuuJ Box Delivery Specialist arrives, Your box(es) will not be picked up, and You will need to reschedule Your pickup at a time when You are able to be present at the time of pickup. Once Your box has been picked up, it will be transported to one of Our secure storage facilities.
Scheduling Return of Your Stored JuuJ Box
When You are ready to retrieve the Items You stored with JuuJ Box, you can submit a request for delivery of Your box(es), via Our Website, for one, some, or all of the boxes You have stored with JuuJ Box. Upon receipt of Your delivery request, JuuJ Box will schedule a delivery time for Your box(es) within 48 – 72 hours; You must be present at the time of the scheduled delivery to receive Your box(es). Our JuuJ Box Delivery Specialist will require that You sign an acknowledgment that Your box(es) have been returned to You with all of the Items listed in Your acknowledgment form signed during the pickup of the boxes being returned.
In order to request a return of Your box(es), Your Account must be in good standing, with all outstanding fees owed to JuuJ Box paid and current.
JuuJ Box will charge a $25 delivery fee for each delivery of Your Items to You (the “Delivery Fee”). The Delivery Fee only covers ordinary labor and duties incidental to pick up and delivery Your Items during normal business hours, between 8:00am and 5:00pm Pacific time. Your Delivery will not be refunded if You are unavailable to accept a scheduled delivery of Your Items.
Terminating Your JuuJ Box Subscription
After receiving Your stored Items, if You decide that You no longer need a subscription to JuuJ Box, you may request to cancel Your subscription via our Website or by sending an email request to cancel to support@JuuJBox.com. Upon receipt of Your request, We will process payment for any outstanding costs owed by You to Us, and a JuuJ Box Delivery Specialist will contact You to schedule a time that We may retrieve any box(es) that You no longer need to store with JuuJ Box.
If You wish to cancel Your subscription while Your box(es) are still being stored by JuuJ Box, You will need to schedule a time so We may return Your stored box(es) to You so You may retrieve Your Items. Your cancellation request and final bill will be processed effective as of the date You accept delivery of Your Items.
Loose, Missing, or Damaged Items
JuuJ Box is not responsible for any loose items not disclosed on the pickup acknowledgment form at the time of pickup, nor is JuuJ Box responsible for any items You believe You may have unintentionally stored with JuuJ Box. It is the Customer’s responsibility to carefully pack items and properly document what has been stored with JuuJ Box.
If You believe any of Your Items have been damaged while it was being stored by JuuJ Box, please submit a request for support via our Website, or email Us at support@JuuJBox.com. We will need to document the damaged Item(s) and obtain information from You about the scope of the damage.
No Refunds; Limitations on Repair and Reimbursement for Lost or Damaged Items
JuuJ Box does not offer any refunds for Services under any circumstances. All Services You Order will be subject to a minimum charge of one (1) month for those Services.
THE AMOUNT OF JUUJ BOX’S LIABILITY TO YOU WHEN SOMETHING IS LOST OR DAMAGED IS LIMITED BY THE STATED VALUE OF YOUR ITEMS ON THE ACKNOWLEGDMENT SIGNED BY YOU AT THE TIME OF PICKUP OF YOUR ITEMS. IN NO EVENT WILL JUUJ BOX BE LIABLE FOR ANY DIRECT DAMAGES ATTRIBUTABLE TO LOST OR DAMAGES ITEMS IN EXCESS OF THE AMOUNT IN THE ACKNOWLEDGMENT SIGNED BY YOU AT THE TIME OF PICKUP OF YOUR ITEMS. JUUJ BOX DISCLAIMS ALL LIABILITY FOR CERTAIN DAMAGES, DEFECTS, OR OTHER CLAIMS RELATED TO FRAGILE, UNIQUE, AND/OR VALUABLE ITEMS. JUUJ BOX WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO ITEMS TENDERED, STORED, OR HANDLED, HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE OF JUUJ BOX TO EXERCISE REASONABLE CARE IN REGARD TO THE ITEMS AS A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER LIKE CIRCUMSTANCES.
In the event that Your Item is damaged or goes missing, please contact JuuJ Box customer support, at support@JuuJBox.com.
In the case of a damaged Item(s), We will contact You to request information about the nature and extent of the damage to Your Item(s). All claims for damage must be submitted within ten (10) days of the date that You accepted receipt of Your Items from JuuJ Box and You must provide any additional information that We need to review Your submission. The time that it takes for JuuJ Box to process Your requests relating to damaged Items depends on when You are able to provide the information that JuuJ Box needs to review Your request.
In the case of a missing item(s), JuuJ Box first undergoes an extensive search of Our records to see if we can locate Your missing Item(s), and often will need Your cooperation to do so. If a missing Item(s) cannot be located, JuuJ Box will ask You to provide information as described in the process for damaged Items.
Regardless of the status any damaged or missing Item(s), You are still responsible for paying all rent and fees, even fees associated with an Item that You have reported as damaged or missing, until any such claims are reviewed and finalized by JuuJ Box. You agree that You will not initiate a chargeback or make other similar such attempts to recoup fees paid to JuuJ Box at any time. In the event that JuuJ Box determines Your Item was damaged or is missing, JuuJ Box will contact You to arrange for a separate payment to You, pursuant to these Terms.
12. Payment for Services. You understand that use of the Services will result in payments by You for the Services You Order (“Charges”). After you have received the Services from Your Order, JuuJ Box will process payment of the applicable Charges, using the preferred payment method designated in Your Account, and will send You a receipt for the Charges via email, to the email address associated with Your Account. Charges will be inclusive of applicable taxes where required by law. Charges paid by You are final and non-refundable, unless otherwise determined by JuuJ Box. Any request for lower Charges or disagreement with the amount of the Charges should be addressed to JuuJ Box by emailing support@JuuJBox.com. We reserve the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in our sole discretion. All credit card for payment purposes are processed by a third party payment processer; JuuJ Box does not maintain or store any of Your credit card information in its systems.
JuuJ Box may, from time to time and in its sole discretion, provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services; You agree that such promotional offers and discounts, unless also made available to You, will have no bearing on Your Services or the Charges applied to Your Account for those Services.
13. Tender for Storage. Your tender of the Items to JuuJ Box is complete upon the pickup of the Items by the JuuJ Box Delivery Specialist, at which time Our possession and storage of the Items on Your behalf will commence. JuuJ Box will act as the consignor and consignee of the Items delivered from Your location to the secure storage facility, and You will not have a direct contractual or other relationship with storage facility. JuuJ Box and its storage facility are unaware of the kind, quantity or value of Your Items stored, and rely on Your description of the Items signed by You up Our pickup of the Items. You assume full responsibility and liability for packing and securing Your Items for over the road transportation and pursuant to Our included instructions. You shall store only personal property that You own and will not store property that is claimed by another or in which another has any right, title, or interest. You shall not store any food or perishable goods, hazardous materials (as defined below), flammable materials, explosives, or other inherently dangerous material. You shall not store any personal property which would result in the violation of any law or regulation of any governmental authority, including, without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters.
(i) For purposes of this Agreement, “Hazardous Materials” shall include, but not be limited to, any hazardous or toxic chemical, gas, liquid, substance, material, or waste that is or becomes regulated under any applicable local, state, or federal law or regulation. You shall not store Items that will constitute waste, nuisance, or unreasonable annoyance to other customers in the storage facility.
(ii) You acknowledge and agree that the storage facility is not suitable for the storage of objects which have sentimental value to You or others, including, but not limited to, heirlooms or precious, invaluable, or irreplaceable property such as books, records, writings, works of art, photographs, and items for which no immediate resale market exists. You agree that the value of any of the foregoing items that You choose to store in violation of this provision shall be limited to the salvage value of the item’s raw materials.
(iii) Further, You acknowledge and agree not to store the following items with any of Our storage facility(ies): money, bank notes, scrip, securities, accounts, deeds and evidences of debt; letters of credit and notes other than bank notes; bullion, gold, goldware, silver, silverware, platinum, coins, precious metals and pewter; stored value cards and smartcards; manuscripts, personal records, and stamps; jewelry, watches, furs, precious and semiprecious stones; firearms or ammunitions; animals, birds and fish; aircraft, hovercraft, motor vehicles and engines; trailers; property not owned by You or for which You are not legally liable; computer software or programs, media or computer data contained on hard disks or drives. You agree not to store items that may cause consequential damages or emotional distress to You or others if it were missing, stolen, sold or damaged.
(b) JuuJ Box’s storage facility shall store Items in the packages in which they are originally received, unless the storage facility determines that it is necessary for efficient storage or transportation to use different packaging.
(c) JuuJ Box and its storage facility are only obligated to account for and deliver the Items identified in the Your acknowledgment formed signed when JuuJ Box picked up your box(es).
14. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JuuJ Box AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES DISCLAIM WITH RESPECT TO THE SERVICES HEREIN AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS STILL THE USER RESPOSIBILITY TO CAREFUL READ THE TERMS OF AND INSPECT ANY SERVICE YOU PURCHASE THROUGH OUR WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. JUUJ BOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT JUUJ BOX) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TO THE EXTENT PERMISSIBLE UNDER CALIFORNIA LAW.
15. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL JUUJ BOX, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AFFILIATES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF OR THE INABILITY TO USE THIS WEBSITE; (2) THE USE OF OR THE INABILITY TO USE ANY SERVICES PURCHASED ON THIS WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. In no event will JuuJ Box’s liability for any and all claims of any kind arising as a result of or related to these Terms and/or Your usage of any JuuJ Box SERVICES, or any act ARISING HEREUNDER, or ANY omission OR FAILURE TO ACT, exceed the value of the actual purchase price paid by You to JuuJ Box for JUUJ BOX SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENTS, FACTS, AND/OR CIRCUMSTANCES GIVING RISE TO ANY SUCH CLAIMS.
JuuJ Box shall not be liable for any loss or destruction of or damage to Items, however caused, unless such loss, damage or destruction resulted from JuuJ Box’s or its storage facility’s failure to exercise such care in regard to Items as a reasonably careful person would exercise under like circumstances. Neither JuuJ Box nor its storage facility is liable for damages which could not have been avoided by the exercise of such care. In addition, You release JuuJ Box and its storage facility from any responsibility for any loss, liability, claim, expense, damage to Items or injury to persons that could have been insured against. You expressly agree that the carrier of any insurance obtained by You shall not be subrogated to any claim You have against the Company or its storage facility. In the event a claim for residence damage made by You, it must occur within 48 hours of the pickup or delivery. JuuJ Box, shall not be liable for Your residence damage claim unless You can establish that the JuuJ Box was clearly at fault and the damage occurred during the pickup or delivery of Your Items. JuuJ Box and its storage facility’s duty of care does not extend to providing a sprinkler system at the storage facility complex or any portion thereof. JuuJ Box and its storage facility shall not be required to store Items in a humidity or temperature-controlled environment.
16. Indemnification. You agree to indemnify and hold harmless JuuJ Box, its directors, officers, employees, representatives, agents, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with Your use of the JuuJ Box Website or Services, and/or information You submit or transmit through this Website, any breach by You of these Terms.
17. Termination By JuuJ Box. You agree that JuuJ Box may, in its sole discretion, and at any time, terminate Your use of this Website and/or Your Account, without prior notice to You, for any reason that JuuJ Box deems appropriate. You further agree that JuuJ Box will not be liable to You or to any third-party for the consequences of any termination of Your use of or access to this Website, Your Account, and/or the Services. In the event of any termination of Your use of or access to this Website, Your Account, and/or the Services, You agree that the provisions of these Terms regarding protection of intellectual property rights, indemnification, disclaimer of warranties, limitation of liability, and applicable law shall survive any such termination.
18. Integration, Severability, and Waiver. These Terms set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between the parties hereto, whether oral or written, relating to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these Terms, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions.
19. Limitations of Actions Brought Against JuuJ Box. You agree that any claim or cause of action arising out of Your use of this Website, Your Account, the Services, and/or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will forever be time-barred, notwithstanding any statute of limitations or other law to the contrary.
20. Applicable Law; Dispute Resolution; Class Action Waiver. These Terms and the resolution of any dispute related to these Terms, this Website, or Services will be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. With the exception of any non-payment for Services by You, any dispute relating to these Terms which the parties are unable to resolve shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (“AAA”), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Said dispute shall be submitted individually by You and will not be subject to any class action status.
You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AS PROVIDED IN THESE TERMS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You hereby waive any and all rights to claim punitive, incidental, or consequential damages, attorney's fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which You may be entitled will be governed by these Terms.
Any arbitration will occur exclusively in the city and county of San Diego, California. All lawsuits, causes-of-action, disputes, or other proceedings not subject to arbitration under these Terms, will be brought exclusively in the state or federal courts located in the city and county of San Diego, California. The terms of this section survive any termination of these Terms.
21. Remedies. In order to avoid irreparable injury to JuuJ Box, in the event of any breach or threatened breach by You of the provisions of these Terms, JuuJ Box will be entitled to seek an injunction and/or other equitable relief restraining You from such breach. Nothing in these Terms shall be construed as prohibiting JuuJ Box from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.
22. Electronic Communications. The information communicated on this Website constitutes an electronic communication. When You communicate with JuuJ Box through this Website or via other forms of electronic media, such as email, You are communicating with JuuJ Box electronically. You agree that JuuJ Box may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that JuuJ Box provides to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
23. Trademark Notice. “JuuJ Box”, “JuuJ”, and “Reclaim Your Space” are trademarks of the shareholders of JuuJ, Inc., pending publication and registration by the USPTO. All other trademarks and service marks displayed on this Website are the property of either JuuJ Box or their respective owners. You may not use or display any trademarks or service marks owned by JuuJ Box without Our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their respective owners.
24. Copyright Policy and Copyright Agent. It is Our policy to respect the copyright and intellectual property rights of others. JuuJ Box may remove content that appears to infringe the copyright or other intellectual property rights of others. Further, JuuJ Box complies with the Digital Millennium Copyright Act. If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, please provide JuuJ Box the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on this Website; Your address, telephone number, and e-mail address; statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Please send the information to:
JuuJ, Inc., dba JuuJ Box
Attn: Legal Dept.
1420 Kettner Blvd. Ste. #100
San Diego, CA 92101
25. Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled "SUBMIT," "DOWNLOAD," "I ACCEPT," or such similar links on the Website as may be designated by JuuJ Box, You accept these Terms. You further acknowledge that in doing so, You are submitting a legally binding electronic signature and are entering into a legally binding contract and that Your electronic submissions constitute Your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through this Website. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
26. Modifications to These Terms. JuuJ Box may make changes to these Terms from time to time in its sole discretion, by updating these Terms on this Website without notice to You. Your continued use of this Website following the posting of a new version of these Terms constitutes Your acceptance of any such changes. Accordingly, whenever You visit this Website, You should check to see if these Terms have been updated or revised. These Terms supersede any other terms and conditions previously published by JuuJ Box on this Website. JuuJ Box may assign, transfer, or subcontract any of our rights or obligations under these Terms to any third-party at our discretion.
27. Notice. JuuJ Box may give notice by means of a general notice on the Services, electronic mail to Your email address listed in Your Account, or by written communication sent to Your address listed in Your Account. Such notice shall be deemed given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to JuuJ Box, with such notice deemed given when received by JuuJ Box, at any time by first class mail or pre-paid post 1420 Kettner Blvd., Ste. #100, San Diego, CA 92101, or by email at support@JuuJBox.com.