Terms and Conditions

Last Updated: 2021-01-01

1. Introduction

Welcome to On-site Storage Solutions, Inc. (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at OnsiteStorage.com (together or individually “Service”) operated by On-site Storage Solutions, Inc..

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at Info@OnsiteStorage.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at Info@OnsiteStorage.com.

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or On-site Storage Solutions, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Info@OnsiteStorage.com customer support team.

A valid payment method is required to process the payment for your subscription. You shall provide On-site Storage Solutions, Inc. with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize On-site Storage Solutions, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, On-site Storage Solutions, Inc. reserves the right to terminate your access to the Service with immediate effect.

6. Free Trial

On-site Storage Solutions, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by On-site Storage Solutions, Inc. until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, On-site Storage Solutions, Inc. reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

7. Price and Fee Changes

On-site Storage Solutions, Inc., in its sole discretion and at any time, may modify Prices and Subscription fees for the Products it sells and Subscriptions. Any Product price changes will become effective immediately and Subscription fee change will become effective at the end of the then-current Billing Cycle.

On-site Storage Solutions, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds and Returns:

On-site Storage Solutions, Inc. offers an exclusive 30-Day Money Back Guarantee on containers it sells less all inspection, modification, bank charges, cancellation, trucking and handling fees.  If you need to cancel your order prior to delivery we will issue you a full refund less any applicable inspection, modifications or bank fees, but we do require that you notify us in advance of the delivery date at least 2 business days prior to your scheduled delivery date.  Otherwise you may be charged a cancellation fee of as much as the delivery cost.  This advance notice gives the independent driver 2 days to find replacement work for your cancelled delivery.

We guarantee our shipping containers in Wind and Water Tight (WWT), Cargo Worthy and IICL condition to be structurally sound and not to leak when they arrive. Please inspect the shipping container(s) prior to the driver leaving your delivery location.  If you are picking up the shipping container(s) please have your driver inspect the shipping container(s) prior to leaving the depot.  Shipping containers are transported around the world so they will have dents, dings, repairs, rust, scraps and other cosmetic issues caused during shipping and this is deemed to be “normal condition.”  If you are concerned about appearance we recommend painting the shipping container(s) or purchasing new one trip shipping containers.   New one trip shipping containers only make one trip before being sold hence they will have minimal rust, dents and dings.  Hard to open or close doors is not a repair issue but a door adjustment issue which is your responsibility.  Shipping containers are big and heavy and the door alignment often needs adjustment to operate properly due to how it is situated at the delivery site.  We can provide advice on how to adjust.  Shipping containers in CW and IICL condition are inspected and rated to hold cargo in excess of 40,000 lbs.  These shipping containers can support a forklift and the floors will be solid and free of holes.   Shipping containers in WWT condition are not recommended for forklifts because they may will soft spots on the floor but they will still be free of holes.  They are consider good “storage grade” shipping containers.  If you do receive a shipping container that does require a repair please call us before the delivery driver leaves.  We offer the following repair remedies:  1) Repair reimbursement  2) Repair the unit at your site by us  3) Exchange the unit – additional delivery fees will apply  4) Refund purchase less all inspection, modification, bank charges, cancellation, trucking and handling fees.

When ordering you shipping container you are responsible for making sure the delivery route and delivery site are suitable for receiving a large heavy shipping container.  If the driver deems the delivery route or the delivery site are not suitable for a shipping container you should be prepared to provide an acceptable alternative location.  You will be responsible for charges stated above if you do not have a suitable delivery site or you refuse delivery.  The delivery requirements and site preparation are an important part of the ordering process and you should address any concerns prior to delivery because charges resulting from the driver getting stuck when trying to delivery your container will be your responsibility.

We also accept returns on container parts and accessories.  We will accept a return of an unused product within 14 days. Once we receive the returned item OnsiteStorage.com will then give a full refund (excluding initial shipping and a 20% restocking fee). Please allow 1-2 weeks for your return to be processed. Discounted items are not eligible for a return. Returned items must be delivered to us unused, in original packaging and in the condition they were received or they may not be eligible for refund. We cannot be held responsible for items damaged or lost in return shipment, therefore we recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the item(s) or proof of received return delivery. We aim to accept all returns. In the unlikely event that an item is returned to us in an unsuitable condition, you will be contacted on how you would like to handle deposition of the product.

9. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

On-site Storage Solutions, Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of On-site Storage Solutions, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

10. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

12. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

13. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

14. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of On-site Storage Solutions, Inc. and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of On-site Storage Solutions, Inc..

15. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Info@OnsiteStorage.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

16. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a 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;

0.6. 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.

You can contact our Copyright Agent via email at Info@OnsiteStorage.com.

17. Error Reporting and Feedback

You may provide us either directly at Info@OnsiteStorage.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

18. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by On-site Storage Solutions, Inc..

On-site Storage Solutions, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

19. Disclaimer Of Warranty

THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE GOODS SOLD OR LEASED.  YOU ASSUME THE RESPONSIBILITY FOR THE CONDITION OF THE GOODS PURCHASED OR LEASED. LEASED GOODS ARE LEASED “AS IS.”  THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS OF PROFITS, LOSS OF OR DAMAGE TO PROPERTY STORED IN OR AROUND THE CONTAINERS AND GOODS WE SELL OR LEASE, PERSONAL INJURY, DEATH OR OTHER DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR OTHERWISE OF US OR OUR AGENTS OR OUR INVITEES FOR ANY REASON. YOU SHALL INDEMNIFY, HOLD HARMLESS, DEFEND AND REIMBURSE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (“COMPANY RELATED PARTIES”) FROM AND AGAINST ALL LOSSES, DAMAGES, DEATH, CLAIMS, INJURIES, COSTS AND ATTORNEY’S FEES ARISING DIRECTLY OR INDIRECTLY FROM (I) THE USE, PLACEMENT, REMOVAL OR CONDITION OF EQUIPMENT, (II) THE LOSS OF, DAMAGE TO OR DESTRUCTION OF EQUIPMENT AND/OR CONTENTS (III) ANY FINE, LIENS, TAX, PENALTY, TOWING, IMPOUND OR OTHER CHARGES ARISING FROM YOUR USE OF THE CONTAINER OR (IV) YOU BREACH OF A SIGNED LEASE. LEASED CONTAINERS AND GOODS SHALL NOT BE ATTACHED OR AFFIXED TO REAL PROPERTY.

THE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

22. Default

The occurrence of any of the following shall constitute an “Event of Default”:  (a) You fail to perform any term of any Lease or purchase, (b) You as buyer with payment still due or Lessee have bankruptcy, reorganization or insolvency proceedings threatened or instituted, or (c) The Company has a reasonable belief of an anticipatory default by you the buyer with payment owed or you the Lessee. Upon an Event of Default the Company may, without legal process or notice, terminate a Lease or purchase, enter any premises, repossess shipping container(s) or other equipment, remove any locks on property or equipment, remove contents without regard to their protection or pursue any other remedy available. You grant the Company and its agents access to your property and permission to enter day or night, remove locks, disconnect attached utilities and repossess shipping container(s) and equipment. If the equipment repossessed, you authorize the Company or the Company’s Related Parties to remove Contents or exercise its Contents lien and you will have no claim for damaged Contents. If you do not pay all Charges due and you fail to remove all Contents from the Company or the Company’s agent premises, you grant the Company the permission to dispose of/sell Contents in accordance with applicable state law and apply net proceeds to unpaid Charges. Customer releases and agrees to indemnify the Company and the Company Related Parties from any claims for trespass, conversion and any damages arising from repossession. You agrees to pay, as liquidated damages, the Company’s collection/repossession/disposal fees, attorney’s fees and any other cost incurred by any Event of Default or the exercise of the Company’s remedies. Repossession shall not relieve you of your obligation to pay Charges owed. No remedy herein is exclusive and shall be in addition to any remedy herein or otherwise available to the Company. If the Company seeks to recover or repossess shipping container(s) and equipment by means of “writ of replevin” or similar method, you waives any bond posting requirement. Acceptance of partial payment shall not constitute a waiver of the Company’s right to full payment. Any endorsements appearing on your checks shall not affect Charges owed. As Lessee you shall not sell or sublease equipment. The
Company may assign, pledge or transfer any applicable leases without your consent. Except as provided in Section 1, a Lease may only be amended in writing executed by the parties, shall be governed by the state laws where this Lease was executed by the Company(“Jurisdiction”) and contains the entire understanding of the parties and supersedes the terms of any purchase order or similar document from you or any other agreement among the parties. Any suit regarding this Agreement shall be brought in the Jurisdiction provided that the Company and the Company may bring suit against you in any county where the shipping container(s) or equipment is located. If any term hereof is unenforceable, such invalidity shall not affect the enforceability of the Terms or any other provision. Your indemnity obligations shall survive termination of these Terms. You agree that the Company’s total liability under this Agreement shall not exceed $5,000. You, the Company and your agents or invitees waive any right to trial by jury for any cause of action brought against the Company or the Company’s Related Parties. Both parties agree to exclusively abide by the notice, access, lien and sale procedures herein and waive to the fullest extent possible any legal requirements for other access, lien, notice and sale procedures.

23. Delivery

For an additional cost the Company offers shipping container delivery as a courtesy to our customers to help facilitate the purchase process.   All the delivery services we offer are provided by independent third party companies.   If you prefer you can make arrangements to pick up your shipping container(s).  You agree to hold harmless the Company, the Company employees and all its agents of any/all liability associated with delivery or pick up of container and goods. Shipping container delivery is done using large trucks and trailers that can weigh over 30,000 lbs and can measure 70 feet long.  You, your agents and representatives are responsible directing the delivery at the site and represent and warrant that you have surveyed the delivery route and the delivery site and have conclusively determined that the delivery equipment and container(s) can be safely delivered without the delivery truck getting stuck or the risk of injury and damage.  If there is an issue with the delivery you will be responsible for all additional charges (ie.,dry run, detention time, towing).  The Company is not responsible for any loss due to delays.

24. Taxes and Fees

When purchasing or leasing a container or other goods and services for the Company you are liable for all taxes and fees associate with the purchase or lease.  You are responsible for all necessary filings (including VAT filings that may be required under the reverse-charge provisions), indemnify and hold Company harmless from all sales or use taxes, transfer, title and registration fees, VAT, domestication, personal property taxes or other taxes, tolls, levies, imposts, duties or government charges imposed in connection with the intended use of the goods by you, the sale of shipping container equipment, or any other goods and services rendered by us in connection with this sale of goods and services, including any penalties, fines or interest thereon.

25. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions.  Any legal actions (including judicial and administrative proceedings) with respect to any matter arising under or growing out of these terms, shall be brought in a court of competent jurisdiction in Riverside County, California. Each party hereby consents to the jurisdiction and venue of such courts for such purposes.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

26. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

27. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

28.Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

29. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

30. Contact Us

Please send your feedback, comments, requests for technical support by email: Info@OnsiteStorage.com.

 

 

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