Last Modified: [18-MAY-2022]
These terms of use are entered into by and between you and WAREHOWZTM (“Company,” “we,” or “us”). The following terms of use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://warehowz.com/, including any content, functionality and services offered on or through https://warehowz.com/ (the “Website”), whether as a guest or a registered user. By using this site, opening or registering an account with the Company, downloading the mobile application, or using or receiving any of the services of the website, you agree to be bound by these terms of service and any future amendments and additions to this Agreement, explained below.
Please read the Terms of Use carefully before you start to use the Website or any mobile application for this website or any other website operated by us on which these Terms of Use are posted via a link or otherwise. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
WAREHOWZTM brings together businesses in need of storage and fulfillment services with quality warehouses eager to address those needs and monetize excess capacity. Our technology- enabled marketplace allows business and warehouses to find their ideal partner and execute projects seamlessly.
The Company helps connect individuals or entities who have available warehouse space (“Warehouse Operator(s)” or “you”) with individuals or entities who desire to store tangible personal property (the “Goods”) that they own or control (“Shipperz” or “you”) in a warehouse. (Collectively, Warehouse Operators and Shipperz may be referred to together as the “Parties”).
The Website is a venue and we are not a party to any agreement between Parties. The Website offers Warehouse Operators a platform to provide an online marketplace to advertise warehouse space (“Warehouse Space”) to Shipperz (the “Listing”). The Website also allows Parties to communicate about the Warehouse Space and enter into leasing agreements or other transactions (“Warehouse Agreements”). The Company is not a party to the Warehouse Agreement between the Parties, even though the Website facilitates and allows Warehouse Agreements. As such, any specific portion of the actual or potential transaction between the Warehouse Operator or Shipperz, including the quality, condition, safety or legality of the Warehouse Space, the truth and accuracy of the Listing, and the ability of Parties to enter into a contract for properties are sole responsibility of each Party.
All purchases through our site or other transactions for the sale of services formed through the Website, or as a result of visits made by you are governed by these Terms of Use.
Additional terms of use may also apply to specific portions, services or features of the Website. All such additional terms of use are hereby incorporated by this reference into these Terms of Use.
So long as you comply with these Terms and Conditions, we shall allow you to gain access to the Website, create a profile, create and modify Listings, view Listings, and generally have access to the Company marketplace and Website. We may, however, revoke your access to the Website, delete or remove a Listing, or otherwise modify, limit, or restrict the Listing or your access to the Website in our sole and complete discretion, with or without notice, and with or without cause. As partial consideration for such access, you grant Company a royalty-free, non- exclusive, worldwide, sublicensable, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works, commercially or non-commercially exploit in any manner, incorporate and imbed into other works, and distribute any content posted by you to the Website, including the Listing (“Content”), as well as your name, User Contributions (as defined below), Trademarks (as defined below), service marks and logos for the purposes of providing the services set forth herein
Cancellation Policy. Generally, the Parties will be bound by the cancellation provisions agreed to in the Warehouse Agreement. The Parties agree that outside of any such cancellation provisions, they will not cancel the Warehouse Agreement and will indemnify Company for any costs or fees, including attorneys’ fees and costs, associated with any such cancellation of a Warehouse Agreement.
Legal Obligations. Warehouse Operators are responsible for complying with the laws
of the jurisdiction in which your Warehouse operates. Please check any local rules and legal
requirements of your jurisdiction. You are responsible for complying with local laws including
zoning ordinances and standards for storing certain materials. Further, you are responsible and
liable for complying with the safety standards of your premises, your own acts or omissions, and
for the acts and omissions of any distributor that you may host. You assume the risk of
operating your Warehouses and acknowledge that such operation carries inherent risks.
By using the Company platform, you agree to assume any associated risk. You agree that
you have reviewed and understand any laws, rules, regulations, or obligations that may be
applicable to your Warehouses and that you do not rely on any statement of law made by
the Company.
Booking. When booking a Listing with a Warehouse Operator, you agree to pay for your booking and any associated fees, including taxes, the Company service fees, and other items that may be identified. You agree to indemnify Company for any failure to make any payments owed to a Warehouse Operator for which Company incurs any cost or liability.
Cancellation Policy. Generally, the Parties will be bound by the cancellation provisions
agreed to in the Warehouse Agreement. The Parties agree that outside of any such cancellation
provisions, they will not cancel the Warehouse Agreement and will indemnify Company for any
costs or fees, including attorneys’ fees and costs, associated with any such cancellation of a
Warehouse Agreement.
User Contributions. The Website may contain Listings, message boards, profiles, forums, bulletin boards, and other interactive features(collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) User Contributions (as defined below) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-
proprietary. By providing any User Contribution on the Website, you grant us and our affiliates
and service providers, and each of their and our respective licensees, successors and assigns the
right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third
parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. You agree to indemnify Company should you violate any Content Standards that results in any form of liability or cost to the Company, including attorney’s fees.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
“User Contributions” means any and all information, data,
and content, other than that provided by the Company, which you submit to, or use with, the Website.
User Contributions include the information provided by you in connection with the submission of a Listing.
You are solely responsible for your User Contributions. You assume all risks associated with use of your User Contributions,
including any reliance on its accuracy, completeness or usefulness by others,
or any disclosure of your User Contributions that makes you or any third party personally identifiable.
For the avoidance of doubt, User Contributions may include third party content you submit.
You agree not to submit third party content unless you have the consent of the applicable third-party owner of such content.
You may not state or imply that your User Contributions is in any way provided, sponsored or endorsed by the Company.
You acknowledge and agree that we are not responsible for verifying the accuracy or truthfulness of any User Contributions
and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Contributions.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any Interactive Services on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures,
you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
You also agree to ensure that you exit from your account at the end of each session.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us,
at any time in our sole discretion for any or no reason, including if, in our opinion,
you have violated any provision of these Terms of Use.
Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of
Use. You
agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
You acknowledge that you may receive or have access to personal data of through the Website or other users of the Website and that such data may include payment-card information along with other highly sensitive information pertaining to or identifying individuals
(“Personal Information”). You will maintain all Personal Information in the strictest confidence and in full compliance with all policies, standards and guidelines set forth by any payment-card brands, as well as all applicable laws. In the event you breach or becomes aware of a breach or violation of any law, security or privacy standard, or any trade regulation relating to a Listing, these Terms and Conditions, or that otherwise affects or involves another user of the Website, you shall notify Company immediately and will take all actions necessary to promptly deliver all requisite notices and rectify the breach or violation.
You understand that failure to comply with this section and all other applicable rules, standards, Laws and regulations, may result in assessments, fines, or penalties; and you shall indemnify, defend, and reimburse Company immediately for any such assessment, fine, or penalty imposed on Company.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES,
LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS
AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly,
we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
You are expected to check this page each time you access this Website so you are aware of any changes,
as they are binding on you.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use,
your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title,
or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.
Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, Trademarks, logo and all related names, logos, product and service names, designs and slogans are Trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product, and service names, designs and slogans on this Website are the Trademarks of their respective owners. “Trademarks” means all rights in and to US and foreign trademarks, service marks, trade dress, trade names, brand names, logos, trade dress, corporate names, domain names, and other similar designations of source, sponsorship, association, or origin, together with the goodwill symbolized by any of the foregoing, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights and all similar or equivalent rights or forms of protection in any part of the world.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES,
LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
If you believe that any User Contributions violate your copyright, please contact us. It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators
and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content,
other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.
These materials do not necessarily reflect the opinion of the Company.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You acknowledge and agree that Company is providing a valuable service and, as a result, you will not circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of these Terms and Conditions or the underlying purpose of the Website or our business relationship, to avoid the payment of any fees or any other compensation owed to Company with respect to the Listing, the Website, the Warehouse Space, the Goods, or otherwise. You acknowledge and agree that for so long as you access the Website and for twelve (12) months thereafter, neither you nor any of your affiliates will, directly or through another person, enter into any leasing, rental, or similar agreement with respect to any party or an affiliate of such party that was introduced to you or who you were otherwise connected to or became aware of as a result of the Website or Company. You also acknowledge and agree that all invoices and payments of invoices related to the Warehouse Space and Goods shall be submitted and received through the Website. Finally, you acknowledge and agree that you shall not terminate our business relationship, terminate negotiations, or otherwise take any action with the direct or indirect purpose of circumventing, eliminating, curtailing, or otherwise negatively impacting Company’s role in the services Company is to provide. You acknowledge and agree that any violation of this clause shall cause material monetary damages to Company that are impossible to ascertain and, as such, you shall pay to Company as damages, and not as a fine, an amount equal to five percent (5%) of the annual prevailing market rental rate for the Warehouse Space in the location where the Warehouse Space is located within ten (10) days of demand by Company.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms of use we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use of use for such websites.
The owner of the Website is based in the Commonwealth of Virginia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot, and do not, guarantee, or warrant, that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH
THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE,
ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You represent and warrant the following to Company:
If you are an entity, you are duly organized, validly existing, and in good standing in the jurisdiction of your formation, duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required, has the full right, power and authority to agree to these Terms and Conditions, and such agreement has been duly authorized and will constitute the legal, valid, and binding obligation of you, enforceable against you in accordance with its terms;
You own the Warehouse Space and have the right to advertise and lease the Warehouse Space as offered in the Listing, the Warehouse Space is in general good repair and is accurately represented in the Listing, the Warehouse Space is in compliance with all laws, rules, and regulations applicable to the Warehouse Space, nd the images and representations of the Warehouse Space accurately depict the Warehouse Space’s condition;
You will transmit and report all bookings of the Warehouse Space to Warehowz and all such activity will be maintained accurately and on a real time basis;
You shall take no action to circumvent or diminish Company’s rights herein, including, but not limited to, receiving the consideration related to the rental of a Warehouse Space;
You will submit all invoicing and all payments for the Warehouse Space through the Website and, if an invoice or payment is made outside of the Website, then you shall remit the Fee within three (3) business days of receipt;
the rate charged for use of the Warehouse Space be the best rate available;
Company shall have no obligation to list, display, or otherwise offer on the Website the Warehouse Space or Listing, and the Listing is in Company’s sole discretion; and
You will not take any action that could reasonably be deemed disparaging to Warehowz or the Website.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, in each case located in the City of Richmond and County of Richmond, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by the Company of any term or condition set forth in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
This website is operated by WAREHOWZ TM, 9011 Arboretum Pkwy, Suite 245, Richmond, VA 23229.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: sales@warehowz.com.
Copyright © 2021 WAREHOWZTM - All Rights Reserved
