Terms & Conditions
Dated October 25, 2022
This is an important legally binding agreement (the “Agreement”) between you (the “User”) and Space Storage, Inc. (the “Company”). Please carefully read and review this document in its entirety as it sets out the User’s and Company’s rights. The Agreement sets out the terms and conditions (the “Terms”) that govern the use of our websites, web or mobile applications, and/or use of our products, and/or services, and/or third-party affiliates and/or service providers (collectively, the “Services”). By accessing Space’s Services and/or those of our third-party affiliates and/or service providers, whether offline or online, you agree you have read, understand, and agree to be bound by and comply with the Terms of this Agreement. You agree all information you provide to us is accurate, correct, and up to date and you agree to notify Space of any changes to said information immediately. You consent to the use of your information in accordance with our Privacy Policy, which may be viewed at spacereimagined.io/privacy. You represent and agree the following representations are true and correct:
(1) User is over the age of eighteen (18) years of age and have the capacity to enter into this Agreement and be bound by its terms.
(2) Any and all information User has provided or will provide Space is accurate and complete;
(3) User’s use of Space’s Services is and at all times will be in accordance with all applicable laws;
(4) User’s use of Space’s Services is and at all times will be in accordance with all Space policies, rules, and regulations;
(5) This Agreement is valid, binding, and enforceable against User in accordance with its terms.
Section 1: Parties to the Agreement
This Agreement is made by and between Space Storage, Inc., a Delaware Corporation, (“Space”, “Company”, “us”, “we”, or “our”), and you, the User (“you” “your” “customer” “customer’s” “User” or “User’s”). User includes any visitors to Space’s websites, users or visitors to Space’s web or mobile applications and use of any of Space’s Services.
Section 2: Definitions
a) “Account” means the identifiable information provided by User to Space including, but not limited to, name, address, payment information, inventory of User’s Items and includes all information provided by User in the Profile section of the Space App.
b) “Box” or “Boxes” means the boxes, containers, and packaging materials provided to Users by Space in which Items are or will be shipped and stored.
c) “Default” means failure by User to pay for Services and other fees when due under the terms of this Agreement and/or failure by User to comply with any and all terms and conditions of this Agreement
d) “Drop Off” means the drop off of Boxes at a Space location or location designated by Space as a third-party affiliate and/or third-party partner.
e) “Fragile Item(s)” means, but is not limited to, an Item or Items which require extra care during shipping and storage and may include, but are not limited to, items such as glassware, china, or electronics.
f) “Initial Plan Period” means the initial non-refundable ninety (90) day period per Box of Services provided by Space to User.
g) “Inspection” means the opening of a User’s Box(es) and inspection of the Items within by any Space employee, agent, personnel, or the employees, agents, or personnel of any third- party Space affiliate or partner.
h) “Item” means any personal property placed into Space’s Services by User, whether placed in a Box or another approved receptacle.
i) “Military Member” means a User who is a “servicemember” on “military service” as defined in the Servicemember Civil Relief Act, as amended.
j) “Pick Up” means the collection of Boxes from a physical address designated by User or listed in User’s Account.
k) “Privacy Policy” means the policy concerning the way Space collects, protects, and utilizes a User’s information, which may be viewed at spacereimagined.io/privacy.
l) “Prohibited Items” means, but is not limited to, Items that might get outside of a Box and harm others, Space customers’ and employees’ belongings, or Space storage facility, and are more items like those defined and explained in Section 5 and 5.4.
m) “Promotional Program” means a preset storage plan with a finite period of storage time and related price for such services. Such programs may or may not include shipping services, Box(es), packing materials or discounts to the User as part of the program offering.
n) “Return” means the retrieval, shipment, and return of Boxes by Space at the request of User to a physical address designated by User or the physical address listed in User’s Account.
o) “Services” means the use of Space’s websites, web or mobile applications, and/or use of Space’s products, and/or services, and/or third-party affiliates and/or service providers as designated, contracted, or assigned by Space. Space does not provide Services unless User accepts all policies.
p) “Shipping Services” means the shipping and storage of User’s Boxes as well as any other related logistical and administrative services. Space does not provide Shipping Services unless User accepts all policies.
q) “Plan Period” means every thirty (30) day period per Box following the Initial Plan Period.
r) “Space” means Space Storage, Inc., a Delaware Corporation, its designated officers, employees, agents, assigns, representatives, third-party affiliates, and third-party partners.
s) “Space App” means Space’s web and/or mobile applications.
t) “Storage Services” means the storage of User’s Boxes at a Space Storage Site.
u) “Storage Site” means the location where User’s Boxes are stored by, or will be stored by, Space or a third-party designated by Space.
v) “Valuable Items” means, but is not limited to, any currency, bonds, deeds, stock certificates, IOUs, securities, or stamps; any official personal documents (such as passports, driver’s licenses, green cards, visas, birth or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, social security number, mortgage number, or a bank account number.
Section 3: Account
User must register and create an Account with Space in order to utilize Space’s Services. User is responsible for and warrants the data provided to Space is complete and accurate. User is responsible for updating account information when any details may change. This includes, but is not limited to, User’s physical address, email address, billing and payment information. User is responsible for keeping User’s login information, including and without limitation, data and device access, safe and for taking reasonable steps to ensure no one other than the User can access User’s Account and the Services associated with said Account. In addition, Users who are a “servicemember” on “military service” as defined in the Servicemember Civil Relief Act, as amended, agree that by using Space’s Services the User has reviewed and agreed to the terms laid out in Section 18: Military Service Status.
Section 4: Plan Periods, Automatic Renewal, and Cancelation
4.1 Initial Plan Period
The Initial Plan Period shall be for ninety (90) days per Box. The Initial Plan Period is a non-refundable commitment by User for Space’s Services. User will be billed in accordance with Section 6 of this Agreement.
4.2 Promotional Program
From time to time, Space may offer a variety of Promotional Programs to existing or new Users. Such Programs will typically be for a set period of storage time and a related set fee. Fees may be due up front at time of purchase. Promotional Programs may or may not include various shipping services, Box(es) or packaging materials. At the end of any Promotional Program, a User that has not timely recalled their Box(es) within two (2) business days of the expiration of the set period of storage time will automatically be converted to the monthly Plan Period for each Box at a rate then currently published on the Company’s website. Per Section 4.3, Plan Periods will renew automatically.
4.3 Automatic Renewal of Plan
Following the Initial Plan Period, User will be automatically billed on the first day of every subsequent Plan Period per Box.
4.4 Plan Fee
User accepts and agrees to pay a Plan Fee of currently offered rates per Box for the Initial Plan Period or a Promotional Program and a currently or then offered monthly Plan Fee for every subsequent Plan Period thereafter. Current Plan Fees and Promotional Programs are offered on the Space app and are subject to change. However, Space will provide notice to User prior to implementation of changes to Plan Fee.
4.5 Cancelation
User may terminate Services at any time. Should User terminate services prior to the end of a Plan Period, User will be refunded on a pro-rata basis for the number of days remaining in the current Plan Period. Pro-rata calculation is based upon the date of Return delivery confirmation of Box(es) to the User. For avoidance of doubt and per Section 4.1, fees for the Initial Plan Period are non-cancellable and non-refundable.
Section 5: Shipping Services and Storage of User Items 5.1: User Items
Examples of Items a User may choose to store with Space include, but are not limited to, seasonal clothes, shoes, book collections, camping gear, bedroom items, pet supplies, and household goods. This is not an exhaustive list of allowed items, but is instead meant to act as a general reference guide. User expressly warrants and represents User is the owner of and shall remain the owner of any Items stored with Space.
5.2 Maximum Weights for Boxes, Weight Restrictions, and Additional Fees
The maximum total allowable weight for any Box is seventy-five (75 lbs.) pounds. Boxes weighing less than fifty (50 lbs.) pounds are subject to Space’s standard shipping rates.. Boxes weighing Fifty (50 lbs.) pounds or more will be charged an additional fee of Thirty and No/100 ($30.00) Dollars each way. The weight of each Box will be verified and determined when it is received and weighed at Space’s Storage Site.
5.3 Packaging and Protecting Items
THE USER IS FULLY RESPONSIBLE FOR PROPER PACKAGING, PADDING AND PROTECTING ANY AND ALL ITEMS PLACED IN BOXES. This responsibility encompasses all Space Services provided to the User, including but not limited to, Shipping Services and Storage Services. Items considered by the User to be Fragile and/or Valuable –tangibly or intangibly or both - and/or irreplaceable should not be stored with Space.
Space reserves the right to refuse to accept any Box(es) that appears insufficiently sturdy or too poorly packed for transit or storage.
5.4 Prohibited Items
The following list of Items are prohibited by Space and/or its affiliates:
a) All firearms.
b) Anything primarily used as a weapon.
c) Anything that is illegal, such as drugs, drug paraphernalia, stolen property, and anything else that one can get arrested for possessing.
d) Anything that contains liquids. This includes things like shampoo bottles, paint cans, and cleaning sprays.
e) Anything explosive or combustible, including ammunition, explosives, fireworks, and other flammables like gas, oil, kerosene, paint, and lighter fluid.
f) Anything that is or was alive, including fruit, meats, cheeses, animals, insects, fungal or bacterial cultures, etc.
g) Anything that is (or was) edible. This includes any perishable and non-perishable food items (including Oreos and Twinkies).
h) All hazardous items, toxic materials, items that produce gas or odors, and items that may increase in size or burst.
i) Prescription drugs, marijuana/cannabis in any form, any and all goods derived from, related to, or classified as THC.
j) Basically, anything that might get outside of a Box and harm others, Space customers’ and employees’ belongings, or Space storage facility.
Inclusion of any Prohibited Items may result in additional fees and penalties, including and up to termination of this Agreement. Prohibited Items that Spare and/or its affiliates discover will be quarantined and, at Space’s and/or its affiliate’s sole discretion, either disposed of or returned to User, at User’s expense. This is not an exhaustive list of prohibited items. User acknowledges and agrees the discovery of Prohibited Items may cause Space to immediately terminate User’s Account in accordance with Section 7, to quarantine or dispose of the prohibited items at User’s expense and with no compensation owed to User. In such instances where prohibited items are suspected or discovered and where feasible, Space will attempt to contact User in accordance with Section 5.8.
5.5 Valuable Items
While not prohibited, Space and its affiliates strongly advise User not to store any “Valuable Items” and/or items of “Exceptional Value.” Space encourages Users who choose to store such items with Space and its affiliates, obtain an insurance policy from a third party to cover the full value of the items. Space’s liability for loss or damage to these items will be limited by Space’s Protection Plan and the terms of this Agreement. User acknowledges, accepts, and understands coverage offered by Space’s Protection Plan and the terms of this Agreement, if any, is likely to be much less than the market value of the items.
5.6 Pick Up or Drop Off, and Shipping of Box to Space
User is responsible for safely and securely packing each Item so Items will not be damaged during any part of Space’s Services, including, but not limited to, Pick Up or Drop Off of Box, delivery of Box to Space Storage, Storage Services, and return of Box to User. User understands and agrees Box(es) will be moved from time to time and in connection with deliveries or as needed while in Storage.
By scheduling a Pick Up or by completing a Drop Off, User represents and warrants the Item(s) in the Box(es) has been packed appropriately, is appropriate for Storage, and does not violate any terms of this Agreement. Space reserves the right to Inspect, Repack, or Reject Boxes that do not conform with the terms of this Agreement.
Space is not responsible for Boxes which are lost or damaged prior to Pick Up by a Space employee, agent, or third-party affiliate. Similarly, Space is not responsible for Boxes which are lost or damaged after Drop Off at a User designated location or the location of one of Space’s designated third-party affiliates or third-party partners acting on behalf of the User.
5.7 Storage Services
User agrees Space may store User’s Boxes at any of Space’s or third-party affiliate’s and/or third- party partner’s Storage Site. User agrees Space may store Boxes in any manner consistent with Space’s Services and the Terms of this Agreement. User acknowledges, understands, and accepts Space cannot guarantee Boxes and the Items contained therein will be stored at any specific temperature. Further, User acknowledges, understands, and accepts Space cannot guarantee any other climate-related factors, such as humidity. User acknowledges, understands, accepts, and agrees Space is not liable for the natural growth of mold, mildew, or other similar microorganisms on User’s Boxes or Items. By use of Space’s Services and by placing Items into Boxes, User acknowledges, understands, and assumes the risk mould or similar microorganism could develop and damage or destroy User’s Boxes and Items. Similarly, User acknowledges, understands, accepts, and agrees Space and/or its third-party affiliates and partners are not liable for loss caused by other environmental factors such as, but not limited to, excessive moisture and/or water, insects, or other types of loss due to infestations.
User understands and agrees User does not and will not have access to any Storage Site. User is prohibited from entering Storage Site(s).
5.8 Inspection, Repacking, and Rejection of Box and/or Items
While Space respects and understands the importance of each User’s privacy, Space reserves the right to inspect, repackage, or reject any Box and/or Items that do not conform with the terms of this Agreement or for any other reason.
Space reserves the right to inspect any Box which is suspected of containing Prohibited Items or which Space believes may contain Items that represent a threat to Space personnel or a Storage Site. Should an inspection reveal Prohibited Items, Space reserves the right to terminate a User’s Account in accordance 7.2 of this Agreement and may contact the necessary legal authorities. User acknowledges and accepts User may be responsible for and billed for any costs incurred due to an inspection. Space will use reasonable means to notify User of an inspection.
Space reserves the right to reject a User’s Box which is damaged or not packed in accordance with the Terms of this Agreement or which Space believes is not fit for Shipping Services and Storage Services. If a Box is rejected, Space will use reasonable means to notify User of the rejection and the reason(s) for rejection.
Space reserves the right to repack User’s Items into a new Box provided by Space for any reason. In such instances, Space will use reasonable means to notify User of the need to repack a Box. Space will also notify User of any associated fees incurred by repacking. User accepts and understands User may be responsible for said fees if Space determines repacking was required due to the actions or inactions of User. User agrees and accepts any applicable repacking fees will be processed and billed in accordance with Section 6 of this Agreement.
5.9 Return of Box to User
Space will Return Boxes to User in accordance with the Space App and the terms of this Agreement. User agrees and accepts Space is no longer responsible or liable once User’s Boxes are Returned to either the physical address associated with User’s Account or an alternative physical address and/or alternative recipient designated by User. User is responsible for keeping Account information up to date.
5.10 Dispute Over Stored Items
Space will only release User’s Boxes and Items to a party other than User if presented with a valid court order or binding arbitration ruling. Space will not be and is not a party to any property dispute.
Section 6: Payment
6.1 Payment for Services
User will provide Space with a valid, unexpired credit or debit card. Space will only accept credit and debit cards for all one-time and recurring charges. User’s credit or debit cards will be billed in accordance with Sections 4.1 and 4.2 of this Agreement.
6.2 Processing of Payments
User acknowledges and agrees Space may utilize another third-party company to save your credit and/or debit card information and will use said information for any future charges. Space will automatically charge your credit and/or debit card in accordance with Sections 4, 6, and 7 of this Agreement. Space and its third-party affiliates and third-party partners are not responsible for any fees charged to User by User’s bank or credit card or debit card issuer related to Space’s successful or unsuccessful charges to User’s credit card or debit card.
6.3 Change in Payment Method
User agrees to the terms of Sections 4 and 7 of this Agreement. Should User wish to change User’s payment method or stop payments with one of User’s payment methods, User will notify Space with details of a replacement debit card or credit card in User’s Profile on Space’s website or in Space’s App.
6.4 Default
User is required to make all payments for Services and other payments when they are due. If User fails to pay for Services or other fees on time and in accordance with this Agreement, in addition to any other conditions, User will be considered to be in Default under this Agreement.
6.5 Penalties and Fees
If Space or any third-party company utilized by Space should be unable to process User’s payments in accordance with Sections 4, 6 or 7 of this Agreement, User will be considered to be in Default of this Agreement in accordance with Section 6.4. Space will make commercially reasonable efforts to notify User of User’s default. User acknowledges and agrees to be responsible for and to pay all reasonable administrative fees, costs, or expenses associated with User’s default.
6.6 Lien on User’s Personal Property
User acknowledges and grants to Space a lien and/or security lien upon all personal property stored by the User for outstanding plan fees, labor, or other charges present or future, in relation to the personal property, and for expenses necessary for its preservation, or expenses reasonably incurred in its sale or other disposition as permitted by applicable law. Space may enforce the lien by selling the personal property stored by User at a lien sale in accordance with applicable law. Space will provide you with due and proper notice of the lien sale prior to its occurrence.
6.7 Failure to Pay
If User is determined to be in Default, Space may accept full or partial payment owed on Services and other outstanding fees, either using any of the User’s payment methods or via another payment method of Space’s choosing, which will be communicated to User in writing. Acceptance of partial payment does not cure Default and User agrees User will still be responsible for any remaining balance owed on Services and other fees. In addition, acceptance of partial payment does not waive, prohibit, or stop Space from pursuing all remedies against User available in this Agreement and at law. Further, acceptance of partial payment will not release User’s personal property from Space’s Storage Site or the Storage Site of a third-party Space affiliate or partner.
User acknowledges and agrees Space may foreclose upon its Lien on User’s personal property in accordance with Sections 6 and 7 and any other applicable laws should User fail to pay and remain in default.
Section 7: Cancellation and Termination of Services
7.1 Cancellation of Services by User
User may cancel User’s Account at any time via the Space App or by contacting support@spacereimagined.io. User will be responsible for all outstanding amounts owed under the terms of this Agreement. Space will refund any amounts owed to user in accordance with Section 4 and the terms of this Agreement. Upon cancelation of Account and once any outstanding amounts owed by User are paid, Space will return Boxes to User in accordance with the terms of this Agreement.
7.2 Termination of Services and Account by Space
Space may terminate User’s Account at any time, with or without cause. Should Space terminate User’s Account without cause, such termination will be subject to thirty (30) days advance written notice. However, User may waive User’s rights to such notice. In the event of a termination without cause, Space will refund any amounts owed to User in accordance with Section 4 and the other terms of this Agreement. In addition, Space will return User’s personal property in accordance with Section 5 of this Agreement.
In the event Space terminates User’s Account for cause, Space will notify User of the termination. User will be responsible for any fees and costs associated with the termination, including, but not limited to, return shipping and handling costs, and will be billed in accordance with Section 6 of this Agreement. Upon receiving payment from User, Space will return User’s personal property to the physical address associated with User’s Account. Should User failure to make payment, Space will seek all remedies available under this Agreement, including those in Section 6, and at law.
Section 8: Limitation of Liability
In no event shall Space, or its respective officers, directors, employees, agents, subcontractors, third-party licensors, third-party suppliers, third-party affiliates, third-party service providers, their successors or assigns be liable or responsible for, and User agrees to hold harmless Space, its respective officers, directors, employees, agents, subcontractors, third-party licensors, third-party suppliers, third-party affiliates, third-party service providers, their successors or assigns from, any loss or damage to the Boxes or Items that arises for any reason or any damage or loss as a result of User’s use of Space’s website or services, other than a consequence of any breach of this Agreement or by any act of gross negligence or willful misconduct in each case by Space or any Space employee or representative. Further, Space 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. User acknowledges and agrees that, except as specifically described in this Section 8, use of Space’s Website, App and Services are entirely at the User’s own risk. User is responsible for obtaining any desired sufficient insurance whether it is through an effective Protection Plan offered by Space and/or third-party insurance.
Section 9: No Warranties
Except as specifically provided for in this Agreement, Space, or its respective officers, directors, employees, agents, subcontractors, third-party licensors, third-party suppliers, third-party affiliates, third-party service providers, their successors or assigns expressly disclaim 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 states and jurisdictions where the waiver and limitations of warranties is prohibited, these waivers and limitations may not apply to User.
Section 10: Intellectual Property
All intellectual property rights or interests of any kind related to Space, its websites, its web or mobile applications, its products, and its services, including, but not limited to, all applicable copyrights, patents, trademarks, trade secrets and other property rights, except for those which may be held by third parties, are exclusively owned and retained by Space. Nothing in this Agreement shall be interpreted to create an assignment, grant, license, option, or other transfer of any such right, title, or interest whatsoever. Space’s intellectual property includes Boxes provided to User.
Section 11: Privacy
11.1 User Privacy
By utilizing Space’s Services, Users agree to the terms of the Privacy Policy available on Space’s website at spacereimagined.io/privacy and incorporated herein. Users should review the current Privacy Policy available spacereimagined.io/privacy. Users should direct any questions, concerns, or complaints regarding Space’s Privacy Policy to privacy@spacereimagined.io.
11:2 Compliance with The Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires Space and other online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. Space does not knowingly collect or solicit personally identifiable information from children under 13 years of age. If you are a child under 13 years of age, please do not attempt to register with Space, create an account with Space, or send any personal information about yourself to us. If Space learns it has yea collected personal information from a child under 13 years of age, it will delete said information as quickly as possible. If a User or individual believes a child under the age of 13 years may have provided Space personal information, please contact us at privacy@spacereimagined.io.
Section 12: Assignment of Agreement
12.1 Assignment by Space
Space may at its sole discretion and without notice to User assign or transfer any or all of Space’s rights and obligations under this Agreement to any third party or agent at any time. Further, Space may transfer User’s stored items to any Space Storage Site or the Storage Site of any third-party partner or third-party affiliate at any time and at Space’s sole discretion and determination without notice to User.
12.2 Assignment, Resale, Sub-License by User Prohibited
User is expressly prohibited from assigning, transferring, or subcontracting any or all of User’s rights and obligations under this Agreement. User is further expressly prohibited from engaging.
in the sublicensing or resale of any Services, including but not limited to Shipping Services and Storage Services, without the prior written consent of Space. User agrees the use of Services, including but not limited to Shipping Services and Storage Services, to be solely for User’s own personal use. This Agreement is binding on User’s heirs, personal representatives, successors or assigns.
Section 13: Indemnity
User agrees to indemnify, defend, and hold Space, its respective officers, directors, employees, agents, subcontractors, third-party licensors, third-party suppliers, third-party affiliates, third-party service providers, their successors or assigns, harmless from and against all claims, liability, damages, costs, expenses losses and legal fees arising out of:
a) any breach of this Agreement;
b) use of Space’s website by User;
c) use of Space’s App by User;
d) use of Space’s Services by User; and
e) or by any other third-party accessing Space’s Website or Services under User’s Account, User’s Profile, and/or utilizing User’s data.
Section 14: Notices
Any notices given by User to Space must be written and sent by email to support@spacereimagined.io or by registered mail to 75 Port City Landing, Suite 110, Mount Pleasant SC 29464.
Any notices from Space to User will be reduced to writing and sent via email, regular mail, or in accordance with any applicable laws and statutes which govern such notices. Notices will be sent to the address and email User provided to Space through the Space App. This address must be reviewed by User and updated when necessary. This address can be viewed and edited in the User’s Profile on the Space App.
Unless provided otherwise by law, notice shall be deemed to have been given (a) at the time the registered mail has been accepted by the United States Postal Service or similar nationally recognized mail and parcel carrier; (b) three (3) days from the time the notice was placed in mail; (c) at the time an email is sent to a User by Space, so long as Space does not receive notice said email was not received by User; and (d) at the time a notice is sent to User via the Space App.
Section 15: Protection Plans
Space offers Users the option to enrol in one or more Protection Plans. The Initial Plan Period and subsequent Plan Period(s) include a basic Protection Plan that provides coverage up to One Hundred and No/100 ($100.00) Dollars per Box in accordance with the terms of this Agreement and those listed in Space’s Protection Plan(s). Optional Protection Plans may be made available to the User by Space for higher limits of coverage for additional fees. Deductibles may be applicable dependent upon the Protection Plan in place or selected by the User at the time.
Users should submit claims for damage and/or loss under the Protection Plan to claims@spacereimagined.io.
By use of Space’s Services, User acknowledges and accepts Space’s liability will be limited to Section 8, the provisions of any Protection Plan made available to and/or purchased by User, and the terms of this Agreement.
Section 16: Additional Insurance
In addition to Protection Plans offered by Space, Users may, at their own option and expense, obtain additional insurance for User’s Items. User agrees and accepts Space may require User to name Space as an additional insured on any additional insurance obtained. Such requests may be communicated to User via email or any other method allowed under the Terms of this Agreement or any other reasonable means of communication. However, Space will in no way be required to list User and/or any third-party related and/or designated and/or identified by User as an additional insured. Similarly, User will not take actions which would require Space to list User as an additional or named insured.
Section 17: Waiver of Subrogation
Any insurance carried by Space or by User is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty is covered by its own insurance and will cause its respective insurance policies to be endorsed so as to waive the right of their respective insures. User expressly agree the carrier of any insurance obtained by User shall not be subrogated to any claim of User against Space. This clause is a specific bargained for condition in this Agreement and Space would not have entered into this Agreement without it.
Section 18: Military Service Status
User shall notify Space if User is a “servicemember” on “military service” (collectively, “Military Member”) as defined in the Servicemember Civil Relief Act, as amended. Military Members 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. It is User’s responsibility to notify Space of User’s status as a Military Member and any changes in said status and of any changes in User’s contact information or any other information User has provided to Space. Similarly, if User is not a Military Member at the time of Account creation and start of Services, User must notify Space within thirty (30) days of becoming a Military Member.
Section 19: Miscellaneous
19.1 Right to Amend and Modify (Changes to Space Policies)
Space reserves the right to amend or modify this Agreement from time to time or at any time at its sole and absolute discretion. User understands, acknowledges, and agrees it is User’s responsibility to review this Agreement. User waives any right User may have to receive specific notices of any changes or modifications to this Agreement or any terms, conditions or policies. This Agreement, is available to User at spacereimagined.io/terms. User’s continued use of Services is and will be deemed to represent User’s understanding, acknowledgement, and agreement with any future versions of this Agreement as modified. Users sole remedy for a disagreement with any Terms of this Agreement or any future versions of this Agreement is to follow the procedure in Section 7.1 and cancel all Services.
19.2 Force Majeure
Space will not be held liable or responsible for any failure to perform, delay in performance of Service, or loss of User’s Box(es) caused by Force Majeure. A Force Majeure is an unforeseeable circumstance(s) and/or event(s) beyond Space’s control including, but not limited to war, threat of war, terrorist acts or activities, strikes or other industrial action, riots, fire, storms or any other natural disaster, adverse weather conditions, failure in telecommunications networks, power cuts, traffic conditions, road closures, accidents, embargos, or unfavourable trade conditions/tariffs.
19.3 Survival of Terms
Some Terms of this agreement will continue to operate after a User’s Account is terminated. All provisions of these Terms that by their nature could reasonably survive termination, shall survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability.
19.4 No Waivers and Conflict
The failure by Space to exercise any right under the Terms of this Agreement shall not form the basis for a waiver of said right. In the events of a direct conflict between the provisions of this Agreement and the provisions of any previous agreement, the Terms of Use, or the Privacy Policy, the provisions of this Agreement will govern and control.
19.5 Severability
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 parts 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.
19.6 Transfer
User’s rights under this Agreement are not assignable, transferable, or sublicensable without Space’s prior written consent. Space may transfer, assign, or delegate its rights and obligations under this Agreement without User’s consent.
19.7 Third-Party Service Providers
User acknowledges and accepts third-parties may assist Space in the operations of its business and the delivery of Services. By using Space Services, User acknowledges and accepts Space’s utilization of third-party services and has reviewed and accepted the terms and conditions of the third-party service providers listed in the Space Privacy Policy. User is encouraged to frequently check and review updates to Space’s Privacy Policy as the third-party providers utilized by Space may change.
19.8 Dispute Resolution – WAIVER OF JURY TRIAL; ATTORNEY FEES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, EACH PARTY HEREBY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION TO ENFORCE OR INTERPRET THE PROVISIONS OF THIS AGREEMENT OR THAT OTHERWISE RELATE TO THIS AGREEMENT. ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN COURTS OF COMPETENT JURISDICTION IN THE STATE OF COUNTY OF CHARLESTON, STATE OF SOUTH CAROLINA. EACH PARTY IRREVOCABLY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF CHARLESTON, STATE OF SOUTH CAROLINA. IN THE EVENT USER INITIATES AN ACTION, LAWSUIT, LEGAL PROCEEDING, OR OTHER PROCEEDING, INCLUDING ARBITRATION, AGAINST SPACE AND SAID USER LOSES, SPACE SHALL BE ENTITELED TO RECEIVE THE COSTS INCURRED BY SPACE IN DEFENDING THE ACTION, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, COURT COSTS, AND ALL OTHER REMEDIES AND DAMAGES THAT MAY BE AWARDED BY THE COURT. IN THE EVENT SPACE IS FORCED TO BRING FORTH AN ACTION, LAWSUIT, LEGAL PROCEEDING, OR OTHER PROCEEDING, INCLUDING ARBITRATION, AGAINST USER, INCLUDING TO ENFORCE THE TERMS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR POLICY WITH SPACE, AND SPACE PREVAILS, SPACE SHALL BE ENTITELED TO RECEIVE THE COSTS INCURRED BY SPACE IN DEFENDING THE ACTION, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, COURT COSTS, AND ALL OTHER REMEDIES AND DAMAGES THAT MAY BE AWARDED BY THE COURT.
19.9 Entire Agreement
This Agreement and any written amendments executed at the same time as this Agreement, and any notices provided under this Agreement by Space, set forth the entire Agreement between Space and User with respect to the subject matter hereof. Further this Agreement supersedes all prior Agreements, representations, and understandings, oral or written, with respect thereto. With the exception of Privacy Policy and Protection Plan as noted herein, there are no representations, warranties, or agreements by or between the parties which are not set forth herein and no representative of Space or its agents are authorized to make any representations, warranties, or agreements other than as expressly set forth herein. Except as otherwise provided in this Agreement, all modifications must be in writing and signed by both parties.