Terms of Service
Revised as of Mar 26, 2025
Limited Security Warranty Policy
B. Intellectual Property Notice
F. Text Messaging and Telephone Calls
G. Online Use Warranty Disclaimers
D. Cancellations, Payments, and Subscriptions
E. Late Fees, Warehouse Liens, Eviction, and Other Penalties
(ii.) Late Fees and Warehouse Liens
(iv.) Cessation of Services, Refunds, and Credits
(v.) Flex’s Right to Repossess Units and Dispose of User Items
E. Local Jurisdiction Conflicts
Your Liability and Indemnification Obligations
Modification, Suspension, and Termination
Notification Procedures for Changes to These Terms
Thank you for choosing Flex as your preferred moving and storage provider! This Website, located at www.flex.storage (the “Website”), as well as our Mobile Application is operated by Flex Storage Inc. on behalf of Flex Storage Inc. (collectively “Flex”, “we,” “us” or “our”), and these Terms and Conditions of Service (“Terms”) set forth here outline your rights and responsibilities as a Flex User, as defined below. This page explains the terms by which you may access or use our online and/or mobile Services, web sites, applications, software, and documentation provided on or in connection with the Website and any Services provided by us (collectively the “Site”), including our storage, moving, and related Services, as further described and defined below (collectively the “Service(s)”). The Services include the Moving Services and the Storage Services, as defined below, plus any other Services that Flex may offer from time to time, in its sole discretion. These Terms are a legally binding agreement that describe your legal rights, remedies, and obligations and they also describe Flex’s commitments, legal rights, and remedies. As such, we encourage you to read them fully prior to contracting Flex for any service.
By accessing or using this Website or our Mobile Application, you confirm your agreement to be bound by these Terms and Conditions of Use (the “Terms”). If you are accessing or using this Website or our Mobile Application as an employee or representative of a company or organization, these Terms are binding upon both you individually and that company or organization, and references to “you” or “your” shall apply equally to you individually and such company or organization. These Terms apply to all visitors, users, and others who register for or otherwise access the Site or use the Services (“Users”, “you”, or “your”).
These Terms apply to all users of the Website, Mobile Application, and Services, as well as to participants in any purchases made at, or activities or Services provided by us at, relating to, or in connection with Units, facilities, or any other goods or Services that you purchase, use or inquire about from us (the “Services”). Certain Services may also be subject to additional terms and conditions, whether on a particular Website, Mobile Application, or in a separate written or electronic agreement between you and us (“Supplemental Terms”). Supplemental Terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to applicable Services.
We may change or revise these Terms from time to time, for any reason at our sole discretion. Changes or revisions to these Terms will be effective upon the posting of such updated Terms at this location. Your continued use of the Website, Mobile Application, or the Services after a posted change or revision in these Terms signifies your acceptance of any such change or revision. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. In the case of any violation of these Terms and Supplemental Terms, we reserve the right to seek all remedies available for such violation, whether by law, in equity or otherwise. Your failure to follow these Terms or Supplemental Terms may result in suspension or termination of your access to the Website, Mobile Application, or Services, without notice, in addition to other available remedies. Your rights under our Policies are not assignable, transferable or sublicensable without Flex’s prior written consent. Flex may transfer, assign or delegate its rights and obligations under our Terms without your consent.
We respect your privacy and share your concern about its protection. Please review our Privacy Policy, which also constitutes a part of these Terms and explains how we may collect, use and protect information that we learn from or about you as a result of your use of the Website, Mobile Application, or the Services.
Flex agrees to provide you with a Limited Security Warranty regarding your User Items as set forth in the Terms and Conditions of Use of our Limited Security Warranty Policy. This Limited Security Warranty Policy is expressly incorporated by reference herein. The User Items are not insured by Flex, and Flex does not sell insurance for any risk or purpose.
This is a contract between you and Flex. You must read and agree to these Terms before using the Site or Service. If you do not agree to these Terms, you may not use the Service. You may use the Site or Service only if you can form a binding contract with Flex, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You must be at least 18 years old to use the Site and Services. By using or accessing the Site and Services, you represent and warrant that you are 18 years of age or older. Any use or access of the Site or Services by anyone under 18 is strictly prohibited and in violation of these Terms. The Site and Services may not be available to any Users previously removed from the Site by Flex.
Your account on the Site (your “Flex Account”) gives you access to the Services and other functionality that we may establish and maintain from time to time, in our sole discretion. We may maintain different types of Flex Accounts for different types of Users or different types of Services. If you open a Flex Account on behalf of a company, organization, or other entity, then: (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to Flex with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You agree that the information you provide in connection with establishing any account is complete and accurate, and that you will keep your information up-to-date. You are solely responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You may never use another User’s Flex Account without permission. We encourage you to use strong passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) with your Flex Account. You must notify Flex immediately of any breach of security or unauthorized use of your Flex Account. We may, in our sole discretion, suspend or terminate Your Account or refuse the Services to you, without prior notice to you, at any time with or without notice and for any or no reason. Without limiting the above, if you are a repeat infringer or violator of the Terms or Supplemental Terms, we will, in appropriate circumstances, permanently terminate Your Account and prohibit your use of the Services. Flex will not be liable for any losses caused by any unauthorized use of your Flex Account, nor for any losses caused, directly or indirectly, by the disabling of your account. Accounts terminated by us for any type of abuse, including a violation of these Terms, may not be reactivated.
When creating your Flex Account, you must provide accurate and complete information, and you must keep this information up to date. At this time, you may update your User profile and account settings by contacting support@flex.storage (the “Support Inbox”). By providing Flex with your email address, you consent to our using the email address to send you Site- and Service-related notices, including any notices required by law, in lieu of communication by postal mail, and you also consent to receiving auction notices under the Uniform Commercial Code (UCC) Section 7210 via email in addition to or in lieu of certified mail. We may also use your email address to send you other messages, such as changes to features of the Site or Services, marketing content, and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting the Support Inbox. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. If in the future Flex creates a customer-facing dashboard (“Flex Account”), by providing Flex your email address and other contact information, you expressly give Flex the right to upload this information into Flex’s customer-facing dashboard and to instantiate your Flex Account on your behalf.
For you specifically or Users generally, we may, without prior notice: change the Site or Services; stop providing the Site or Services or features thereof; or create usage limits for the Site or Services. You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by the features of the Site. We may permanently or temporarily terminate or suspend your access to the Site or Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. Flex reserves all rights not expressly granted herein in the Site and the Flex Content (as defined below).
Flex, its affiliates, service providers, vendors, contractors, sponsors, advertisers, licensors, and licensees (collectively, the “Flex Parties”) are the exclusive owners or licensees of all content and materials on the Website or Mobile Application and of all related intellectual property rights, including all copyrights, moral rights, trademark rights, trade dress rights, rights of publicity and patent rights therein or thereto. The Website, Mobile Application, and Services, content includes all features, functions, Services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, videos, photographs, domain names, images, e-mail addresses, icons, text, music, sound effects, audio and audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Website or Mobile Application. The entire Website, Mobile Application, and Services, content is the subject of a copyright as a collective work and elements of the Website, Mobile Application, and Services, content are the subject of copyrights as individual works, under the United States and other copyright laws. The collective work includes works that are licensed to the Flex Parties.
All trademarks, service marks and trade names of Flex used on or in connection with the Website, Mobile Application, or the Services (including Flex, Flex Storage, and other marks and names) are trademarks of Flex (collectively, the “Marks”) and are the exclusive property of Flex.
Unauthorized use of any of the Marks, or of any word, term, name or symbol that dilutes, or is likely to cause confusion or mistake with respect to, the Marks is strictly prohibited by law. All other trade names, trademarks and service marks that appear on the Website, Mobile Application, and Services, are the property of their respective owners.
You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Marks, except as may be allowed by The Trademark Act of 1946 (Lanham Act), 15 U.S.C. §1051 et seq.
You do not acquire any ownership interests in the Website or Mobile Application content or the Marks by accessing, browsing or otherwise using the Website, Mobile Application, or the Services.
You may access, browse and use the Website, Mobile Application, and their respective content only for your personal, non-commercial use, on a single computer or other electronic device. Subject to these Terms or any expressly stated restrictions or limitations relating to specific material, you may also electronically copy, download and print only such limited number of hard copies of discreet excerpts of the Website, Mobile Application, or their content as needed for the sole purposes of making a Service purchase, or purchasing and documenting an online gift card. You may also share links to Website pages via the “Share Link” or “Email” tools displayed on the Website or as otherwise provided in the “Linking to the Website” section of these Terms.
Other than the foregoing, you may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Website or Mobile Application content, except as may be allowed by Sections 107, 108 and 110 of Title 17 of the United States Code, 17 U.S.C. §§107-108 and 110 (“Your Exempt Use”). Your Exempt Use will be, at all times, prominently be accompanied by: (i) a copyright notice in the form identical to the copyright notice appearing on the Website or Mobile Application content that is the subject of your Exempt Use; and (ii) a credit line in the form of the phrase “Accessed on” followed by the date of your access and the URL of the Website where you accessed such Website Content. You agree not to change or delete any proprietary notice from materials copied, downloaded or printed from the Website or Mobile Application.
Certain features of the Website or Mobile Application may allow you to post, upload, transmit or submit certain materials, content, comments, suggestions, information or ideas to or through the Website or Mobile Application (“Your Content”). We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Website, Mobile Application, by e-mail or in any other manner or form. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in this section; (11) represent and warrant that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (iii) grant to us and the Flex Parties a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferrable, assignable and fully sub-licensable (through multiple tiers) right and license to copy, reproduce, edit, modify, distribute, transmit, display, perform, make, have made, publish, sell, offer for sale, import, adapt, create derivative works from and otherwise use Your Content for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); (iv) agree that we and the Flex Parties will not be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, preparation of summaries, abstracts, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing, or other use or commercial exploitation, of any ideas or other Your Content, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any Your Content, in whole or in part; and (v) indemnify and hold harmless us and the Flex Parties for and against any and all claims, actions and damages (including court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Website, Mobile Application, Your Content or its posting on, or submission to, the Website, Mobile Application, or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY OF YOUR CONTENT ON OR THROUGH THE WEBSITE.
We cannot be responsible for maintaining Your Content, and we may remove your content from the Website or Mobile Application at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and review all materials posted to the Website, Mobile Application, or through the Website’s or Mobile Application’s Services or features, by its users, and we are not responsible for any such materials. We have the right, but do not have the obligation, to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party. We further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms, Supplemental Terms, or applicable law. We may also impose limits on certain features or restrict your access to part or all of the Website, Mobile Application, or their features or Services, without notice or penalty if we believe that you are in breach of these Terms, Supplemental Terms, or applicable law, or for any other reason, all without notice or liability.
If the use of the Website or Mobile Application by you or anyone using your account, in our sole discretion, violates these Terms or any other agreement or policy with us, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of any of our platforms or systems or other users then, without limiting any other right or remedy we may have, we may suspend, deny or restrict your access to any Website or Mobile Application (and to take any other action we deem appropriate to protect Flex Parties, our users and other Internet users). Without limiting the general policy stated above, you agree that, while accessing or using the Website or Mobile Application, you will not yourself, and will not induce, assist or cause others to, directly or indirectly, for any purpose and by any means or in any form or medium whatsoever:
Additional access and use restrictions may appear elsewhere on the Website or Mobile Application or in Supplemental Terms. You agree to abide by such additional restrictions. The Website, Mobile Application, and Services, are intended solely for your private and personal use on your computer or device. Any other use or any attempt to use the Website or Mobile Application for commercial or other purposes is strictly prohibited.
Any and all information, comments, statements, links or other content placed on the Website or Mobile Application by visitors or users, including advice and opinions, are the views and responsibility of the poster and do not necessarily represent the views or opinions of the Flex Parties. We have the right but not the obligation to monitor and edit or remove any content. However, we do not necessarily verify, encourage, agree, endorse, support or sanction any of the content placed on the Website or Mobile Application by visitors or users, including comments, opinions, statements or links posted on forums, blogs, bulletin boards, social network sites or otherwise. We take no responsibility and assume no liability for any content posted by you or any third party. You agree that the Flex Parties are not responsible and shall have no liability to you with respect to any information, comments, statements, links, communications or other content posted by visitors or users to the Website or Mobile Application, including any offensive, defamatory, or illicit materials, even if such materials are in violation of these Terms. You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner.
You are solely responsible for your interactions with and obligations to other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Flex shall have no liability for your interactions with or obligations to other Users, or for any User’s action or inaction.
To the extent that the Website provides users access to resources, including online tools, calendaring, email, bookmarks, other personalization features, or Service offerings, we assume no responsibility or liability for the accuracy or effectiveness of any such information or the timeliness, deletion, misdelivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.
You agree that if you include a link to the Website: (a) such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Website; (b) any text-only link must clearly be marked “Flex” or “Flex Storage”; (b) the appearance, position and other aspects of either the link or the host Website may not be such as to damage or dilute the goodwill associated with the Flex Parties’ names or trademarks; (c) the appearance, position and other aspects of either the link or the host Website may not create the false appearance that an entity other than Flex is associated with or sponsored by us; and (d) you may not link directly to any Website Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Website, or any page of the Website, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Website be discontinued and removed and revoke your right to link to the Website.
We are not responsible for the information or materials contained on any Website that is not this Website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by us of the organization or individual operating a host Website or a warranty of any type regarding a host Website or the information on a host Website.
When you use the Website, Mobile Application, and Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You agree that we may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with Your Account, including for marketing purposes, even if your mobile number is registered on any state or federal Do Not Call list. You represent and warrant that you are the owner of any cell phone, landline, voice over IP (VOIP), or mobile phone number contained in your Flex Account, and that you shall remove any cell phone, landline, VOIP, or mobile phone number contained in your Flex Account if you surrender that number or transfer it to any other person. You are strictly prohibited from registering a mobile number that is not your own. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that we may contact you using any of the information contained in your Flex Account, including any listed cell phone, landline, VOIP, or mobile phone number. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or Services. You acknowledge and agree that calls or text messages may be sent using automated technology, including through an automatic telephone dialing system. Standard message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to SMS/text messages and calls, including charges from your mobile carrier. You also understand that you may opt out of receiving text messages from us at any time by contacting us as further specified in the Supplemental Terms or Privacy Policy. Your participation in our alerts program is completely voluntary. Text message frequency varies per user. Message and data rates may apply. Text STOP to unsubscribe. Neither Flex nor Carriers shall be held liable for delayed or undelivered messages, nor for use of incomplete, outdated, or otherwise incorrect numbers provided by you or on your behalf.
We administer, control and operate the Website, Mobile Application, and Services, from our offices in the state of Florida, the United States of America. The Website, Mobile Application, and Services are accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of the United States and may not be available to all persons or in all geographic locations. We make no representation that the Website, Mobile Application, or their content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Website, Mobile Application, and Services, may not be legal in your jurisdiction. If you choose to access, browse or use the Website or Mobile Application, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Website, Mobile Application, and Services, to any person and geographic area. Any offer for any Service, feature or function made on the Website or Mobile Application is void where prohibited.
The Website, Mobile Application, and Services, provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on or through the Website or Mobile Application. We attempt to provide accurate descriptions and representations of Services on the Website, Mobile Application, and Services. We do not warrant, however, that the descriptions and representations are accurate, complete, reliable, current or error-free. If a Service offered on the Website or Mobile Application is not as described or shown, your sole remedy is to return the item if permitted under the Terms, Supplemental Terms, and any other Flex policy.
With the exception of the limited license granted in these Terms to Your Content, we do not obtain or control any rights in, and do not exert editorial control over, Your Content. We do not independently verify the representations and warranties made by the users with respect to Your Content.
We do not assume responsibility for, make any representation or warranty of, or otherwise guarantee the accuracy, timeliness, correctness, completeness, reliability, currency, performance or fitness for a particular purpose of the Website, Mobile Application, or any of their content. We are not liable for any errors, omissions, or inaccurate Website or Mobile Application content. It is your responsibility to review the information and determine its accuracy and applicability to you as an individual.
FLEX PARTIES PROVIDE THE WEBSITE AND MOBILE APPLICATION “AS IS”, “AS AVAILABLE “AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND/OR MOBILE APPLICATION IS WITH YOU. SHOULD THE WEBSITE AND/OR MOBILE APPLICATION BE DEFECTIVE, YOU, AND NOT FLEX PARTIES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. FLEX PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE AND/OR MOBILE APPLICATION INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLEX PARTIES MAKE NO WARRANTY THAT THE WEBSITE AND/OR MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT WEBSITE AND/OR MOBILE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE AND/OR MOBILE APPLICATION WILL BE CORRECTED, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE AND/OR MOBILE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY FLEX PARTIES SHALL CREATE ANY WARRANTY. FLEX PARTIES MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR MOBILE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE AND/OR MOBILE APPLICATION. NO ADVICE, RESULTS, STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR ON BEHALF OF THE FLEX PARTIES OR THROUGH THE WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE AND/OR MOBILE APPLICATION IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE WEBSITE AND/OR MOBILE APPLICATION.
Flex shall provide certain Services, which you may select and schedule on the Website, by phone, via customer support at the Support Inbox, and/or in your Flex Account, as applicable and available. Flex’s moving Services consist of transporting User Items, as defined below, from a designated pickup address (or multiple pickup addresses, if available) that you provide to us (“Pickup Address”) to a designated delivery address (or multiple delivery addresses, if available) that you provide to us (“Delivery Address”), plus any related add-on Services such as wrapping, packing, and boxing the User Items (together, the “Moving Services”). Flex’s Storage Services consist of photographing, and placing into an enclosed storage Unit (“Unit”) the User Items, as defined below, picking them up from a Pickup Address, and storing them for an indefinite period at a facility or lot owned, leased, subleased, licensed, or sublicensed by either Flex or the User, plus any related add-on Services such as wrapping, packing, or boxing the User Items, adding to or returning from storage a subset of Units containing User Items to a Delivery Address, and making a complete return of all User Items from a Flex facility to a Delivery Address (together, the “Storage Services”). As the User may interact with their enclosed Unit, the User will be provided with a physical key (the “Key”) that unlocks the Unit. The Unit may only be transported by Flex or Flex’s subcontractors. Should the User move the Unit, be advised that Flex will levy a penalty fee. From time to time and subject to additional fees, Flex may offer other additional Services.
“User Items” means the items packed by you, Flex, a third party, and/or a third party on behalf of Flex for the Storage or Moving Services. You acknowledge and agree that, in the event User Items are stolen or lost before pick-up of the User Items by Flex at the Pickup Address or after drop-off of the User Items by Flex at the Delivery Address (“Lost Items”), or while the Unit allegedly containing the User Items is stored onsite at the User’s address, Flex will not be liable for and hereby expressly disclaims all liability for the Lost Items and any damages resulting from the Lost Items.
In the event your email address, residence address, mailing address, billing address, phone number, Pickup Address, and/or Delivery Address changes, you must update Flex within fourteen (14) calendar days of the change by updating your information in your Flex Account, if available, or by submitting a support request via the Support Inbox. No other notice of a change of address shall be valid or binding against Flex. We are not responsible if you do not receive a notice from us because any of your addresses changed and you did not update your Flex Account. You acknowledge and agree that in the absence of current contact information, your last known address on file with Flex will be used for all notices required to be provided to you by law or as required under these Terms.
All appointments are reservations subject to local operational availability on a first-come-first-served basis, and you indemnify Flex of any liability in the event of a Flex-initiated appointment rescheduling or cancelation, for any reason or no reason. Flex may, in its sole discretion, refuse, cancel, postpone, or otherwise reschedule any Services, including pick up, delivery, packing, collection, or return of User Items, for any reason or no reason, including and without limitation: prior or current unpaid account balances or incomplete documentation; unsafe onsite conditions; unsafe travel or adverse weather conditions; harassing, rude, or threatening conduct by Users, whether actual or perceived; exposure to or evidence of insect, animal, or mold activity or infestation; limited, no, or obstructed access to the Pickup Address or Delivery Address; complications due to a User being evicted from a Pickup Address or Delivery Address; Department of Transportation or state tariff regulations; labor shortage; unexpected logistical challenges; or any other reason.
Flex will not pick up, deliver, or return User Items at or to an address that is outside our then-current delivery zone (a “Service Area”), unless we otherwise agree to do so in writing. To determine whether a zip code is within a Service Area, you may input a zip code into the Website and review the results. Times given for pickup, delivery, collection, packing, and returns are only estimates and Flex shall not be liable for any delays.
Flex may use subcontractors and/or other third parties to help perform or support the Services, including without limitation, pick-ups, returns, deliveries, transportation, packing, and other logistics with respect to the Services or User Items. For moving appointments, you agree that Flex will bill twice the communicated hourly labor rate for the drive time between two User locations.
You acknowledge and agree that Flex is not responsible for disassembling, reassembling, disconnecting, reconnecting, removing, or hanging the following User Items: electronics, fixtures, furniture, appliances, wall-mounted objects, fittings, equipment, or any item that requires licensing, certification, or specialized tools to handle. Flex does not warrant that any transport vehicle or storage facility used by Flex is a suitable place or means of transport or storage for any particular User Items. The act of requesting the delivery of the Unit by the User shall constitute acceptance by the User of these terms and conditions. The User shall inspect the Unit for suitability for storage of property before packing it. The User’s use of the Unit shall be prima facie evidence of the Unit being sound and suitable for use. User is also responsible for ensuring that all User Items to be placed into the Unit are securely packed in accordance with any industry or manufacturers recommendations. The User warrants that the User Items are safely and securely packed in the Unit.
The User’s designated delivery location shall be an address and location at which Unit parking is permitted under any and all applicable laws, ordinances, rules and/or regulations including but not limited to deed and homeowner restrictions and complex rules. User is solely responsible for: (i) obtaining and ensuring that there is clear and unobstructed access to any parking for the Unit including surrounding space as may be reasonably required; (ii) being present, or ensuring that someone authorized by User is present, during the delivery, collection, and return of the Unit; (iii) providing Flex with contact details for said person and ensuring that such contact details are accurate and up-to-date; and (iv) User will be charged and responsible for a User No Show Fee for each occasion where there has not been full compliance with the preceding sections (i), (ii), and/or (iii). User is also responsible for informing Flex immediately upon the occurrence of any damage whatsoever to the Unit and any damage alleged to have occurred to User’s property during a delivery, pick-up or the use of the Unit. USER ASSUMES FULL RESPONSIBILITY FOR IDENTIFYING AND COMPLYING WITH ALL LAWS, ORDINANCES, RULES AND/OR REGULATIONS INCLUDING BUT NOT LIMITED TO DEED AND HOMEOWNER RESTRICTIONS AND COMPLEX RULES. User shall be solely liable for and shall immediately pay any fines imposed in connection with the Unit at a delivery location.
Users may not move or otherwise relocate a Unit without making such arrangements through Flex. Flex and/or its authorized third parties may monitor the location of the Unit twenty-four (24) hours a day, seven (7) days a week, using GPS (or similar) tracking technology, or by any other means or frequency Flex deems appropriate. USER ACKNOWLEDGES AND AGREES THAT FLEX WILL SUFFER DAMAGES, AND THAT IT WOULD NOT BE FEASIBLE TO ASCERTAIN THE EXTENT OF SUCH DAMAGES WITH PRECISION, IF USER MOVES OR OTHERWISE RELOCATES A UNIT WITHOUT MAKING SUCH ARRANGEMENTS THROUGH FLEX AND, IN THE EVENT OF SUCH A BREACH, THE USER AGREES TO PAY LIQUIDATED DAMAGES TO FLEX IN THE AMOUNT OF THIRTEEN THOUSAND DOLLARS ($13,000.00). If an authority, association, or landlord demands or requires Flex to remove the Unit, User is granting Flex full authority to comply and absolves Flex of any liability for any resulting damage or claim, including but not limited to damage or claim related to User’s premises or property. Flex will attempt to notify User of such a demand or requirement.
You understand that Flex is not responsible for any User Items that have been packed, moved, transported, or wrapped by you or by a third party at your direction. Regarding Storage Services, you acknowledge that you are solely responsible photographing or otherwise inventorying all User Items prior to Flex’s handling of User Items, and that should Flex provide you with any inventory list at Flex’s sole discretion, you affirm that any inventory list Flex provides is a true and complete inventory of the personal property tendered. Unless you make a written claim in your Flex Account within 30 days from the Storage Service appointment date for the correction of any errors or omissions in the inventory of your User Items, it will be assumed to be a full and correct list of User Items stored hereunder and Flex shall not be liable for any piece, package, carton, or container not listed therein. YOU HEREBY WAIVE AND RELEASE FLEX FROM RESPONSIBILITY FOR ANY DAMAGE TO ITEMS THAT WERE NOT PACKED, MOVED, TRANSPORTED, OR WRAPPED BY FLEX AND, WITH RESPECT TO THE STORAGE SERVICES, WERE NOT PACKED, WRAPPED, OR PLACED INTO THE UNIT OR OTHERWISE TRANSPORTED BY FLEX.
You represent and warrant that you own the User Items or that you otherwise have the right and authority to transport, store, move, and/or subject the User Items to the Services in accordance with these Terms. All User Items are handled, transported, and/or stored by Flex or its subcontractors upon the express representation and warranty by you or your authorized representative(s) that you have the requisite legal possession of and that no other person or entity has an interest in the User Items. In the case of an ownership dispute, determination, or proceeding regarding the User Items, you are solely responsible for any fees and/or payments due and owed to Flex in connection with the continuation or termination of the Services. If Flex, in its sole discretion, is required to commence an interpleader action to settle any claims of conflicting ownership, or is made a party to any litigation or dispute in connection with the breach of this section, you agree to pay Flex all reasonable and necessary costs, expenses, and attorneys’ fees that Flex may be liable or compelled to pay in connection with such litigation or dispute.
For Storage Services, the User Items will be stored in a trailer held either at the User’s chosen location, or, at one of Flex’s own facilities. While each trailer is equipped with climate-mitigating technology, the User understands Flex makes no guarantee that the User’s Items will be protected from extreme weather, heat, chill, or ambient moisture exposure. The air flow, moisture level, and heat will only be regulated if the Unit is properly closed and sealed, and if the trailer is kept in fair condition. Because the User Items will not be stored in a completely climate-controlled environment, because Flex does not control movement into or out of Units held at the User’s location, and because Flex does not control whether a User will choose to store a Prohibited Item (as defined below), we cannot guarantee that mold, dust, or similar microorganisms may not develop on the User Items. We are not liable for the natural growth of mold, mildew or similar microorganisms on the User Items, or for rust, depreciation, or the natural degradation of User Items. You assume the risk that mold, rust, or similar microorganisms could develop under these circumstances.
The User Items must not include, and you must not provide to Flex for storage or transport, any of the following in connection with the Services: antiques (whether or not breakable and fragile, as defined as items older than 75 years from the date of storage), perishable goods, firearms, gun powder, explosives, alcohol, propane tanks, paint, used tires, plants, birds, fish, other animals, or any other living thing, arms or ammunition, any item which emits fumes, smells or odors, bullion (e.g., gold-silver), jewelry, currency, ivory, precious metals or stones, any drugs, illegal substances or goods, or goods or substances illegally obtained, combustible or flammable materials, liquids or compressed gasses, diesel, petrol, oil, gas, artificial fertilizer or cleaning solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous or harmful nature, any other toxic, flammable or hazardous goods, human remains, or any other items, the possession, usage, transport or storage of which may detrimentally affect any of your other User Items or violate in any way the laws of the United States or any other applicable laws, rules, or regulations (collectively, “Prohibited User Items”). You shall be liable for and indemnify Flex for all loss or damage caused by such goods and Flex shall not be liable or responsible for safe delivery or storage of such goods. Flex will have no liability for loss or damage resulting to the following types of goods: (a) documents; (b) stamps or stamp collections; (c) securities; (d) specie; (e) jewelry; (f) precious metals or stones; (g) currency; (h) or other articles of high or unusual value. Prohibited User Items may be disposed of by Flex, in its sole discretion, in any manner that Flex deems fit. Flex will provide a limited liability of $0.60 per pound for vintage items (aged, from the date of initial storage, 25 – 75 years minus one day), as well as items determined eligible under the Limited Security Warranty Policy. Should a User hold a supplemental Protection Plan, vintage items are excluded from coverage under the supplemental Protection Plan.
Flex Units are not suitable as a living environment, and Flex strictly prohibits the use of Flex’s Units for short- and long-term storage of any plants, fungi, or animals, including people.
According to our sole discretion, Flex RE LLC or any of its employees, subcontractors, or other authorized agents may regularly conduct pest control inspections of any and all User Items. Flex or any of its employees, subcontractors, or other authorized agents may, at any time, in their sole discretion and without notice to you, open any User Items to inspect the User Items if Flex: (i.) believes, in its sole discretion, that the User Items may include any Prohibited User Items; (ii.) is required to do so by the law enforcement, fire Services, local authorities, or by court order; (iii.) determines, in its sole discretion, it necessary for Unit or facility maintenance; or (iv.) considers it necessary, in its sole discretion, in an emergency or to prevent injury or damage to persons or property. Flex may refuse to store or transport any User Items, or may return to you any User Items, at your cost, at any time, if, in Flex’s sole discretion, the storage, continued storage, or transport of the User Items would represent a risk to the safety of any person, the security of the storage site or transport vehicle, or security of any other goods at the storage site or in the transport vehicle.
Flex shall not be held liable for any damage to property resulting or related to the transport and/or movement of the Unit. User hereby acknowledges that User is responsible for the packing of the Unit and therefore shall be held solely liable for any damage to the property in the Unit or resulting from improper packing of the property and/or the Unit. The relationship of Flex and User created by this Agreement is that of Owner and User as defined by and in accordance with the Florida Self-Storage Facility Act 83-801 et seq. and/or similar law (and all words used in this Agreement will have the meanings given to them under that law) and not that of bailee and bailor; nor is Flex acting as a warehouseman engaged in the business of storing property for hire in this Agreement. Flex has not, and will not, issue any warehouse receipt, or other document of title for the property stored in the Unit. User’s property stored in the Unit or at a facility owned, operated or otherwise used by Flex will be at User’s sole risk. Flex will not be liable to User or any other person for any loss, damages, injury or death resulting from any crime, the acts or omissions of any person or from any other cause (including without limitation, governmental acts) except the gross negligence of Flex or its agents, servants or employees in the operation or maintenance of the Unit or facility owned, operated or otherwise used by Flex. Flex is not taking care, custody, control or dominion of the contents of the property. Flex is renting the TRAILER for the self-storage use of User. FLEX IS NOT ACTING AS A BAILOR OR WAREHOUSEMAN engaged in the business of storing property for hire in this agreement.
By using the Services provided by Flex, or any other products or paid Services provided by Flex or Flex’s third-party contractors, you agree to our pricing and payment terms, as we may update them at Flex’s discretion. Flex may add new Services for additional fees and charges, amend fees and charges for existing Services, amend existing service offerings, or revoke existing service offerings, for any reason or no reason, at any time in its sole discretion. Flex may offer, in its sole discretion, promotions, referral codes, discounts, or any other special offer (“Promotions”) in connection with our Services, which Flex may amend, revoke, or otherwise cease, for any reason or no reason, in its sole discretion, in any general or specific case, and that Flex will hold no liability to you based on its exercise of this right.
In order to receive Flex Services, you must provide Flex with a current, valid, accepted method of payment (“Payment Method”). By providing Flex with a Payment Method, you affirm that you hold the right to make purchases using the Payment Method. All information provided in connection with a purchase, transaction, or other monetary interaction with the Site or Services must be accurate, complete, and current. By providing Flex a Payment Method for any Service, you authorize Flex to collect a hold, deposit, or payment advance to be applied to the cost of the scheduled Service, and, to conduct a pre-authorization check on funds up to 72 hours before the Service is scheduled to be performed. Flex bills automatically upon the completion of Services, and holds the right to automatically collect from your Payment Method any monthly storage rental costs, deposits, cancelation charges, authorization charges, late fees, lien fees, and any other charges connected with your use of Flex’s Site or Services, if, in Flex’s sole discretion, such charges are owed for Services provided. In the event of nonpayment, Flex will make repeated attempts to automatically charge the Payment Method, and your use of Flex’s Services stands as your sole acknowledgement that repeated attempts will be made. In the event of a credit dispute, you hereby authorize Flex to reattempt any charge left unpaid through the credit dispute process, plus a collection fee. Should Flex attempt any charge on the User’s Payment Method in connection with the User’s use of Flex’s Services, Flex bears neither responsibility nor liability for any third-party charges levied against the User, such as overdraft fees, credit interest, or other third-party costs.
Flex offers Services on a monthly recurring subscription basis (“Subscription Services”). Should you use Flex for its storage services, you agree to a monthly recurring payment program, which will automatically renew for subsequent periods until any rental Unit is fully cleared of all User Items and the emptied Unit is brought back to Flex’s facility by appointment (“Final Move-Out”). You acknowledge that the monthly recurrent Subscription Services will not cease until all outstanding bills are paid in full, including any costs associated with the final return appointment of your emptied rental Unit to the Flex facility, or, until Flex, in its sole discretion, suspends, discontinues, or terminates them. You acknowledge that refusal to pay the costs associated with the Final Move-Out appointment, and maintaining any past-due billing, including by credit dispute, authorizes Flex to continue your Subscription Service. In the event of nonpayment, you authorize Flex to make automated billing attempts to your Payment Method, regardless whether the emptied Unit is returned to a Flex facility.
As Flex’s Subscription Services are offered on a monthly basis, while you may cancel your Subscription Services at any time once all outstanding billing is paid and the Unit is returned to a Flex facility, Flex does not prorate the final month of its Subscription Services. You may notify us of your intent to cancel the Subscription Services by booking a Final Move-Out of the Unit cleared of all User Items, but the cancellation will only become effective at the end of the subscription period in which we perform the Final Move-Out. In the event that the User Items are stored in a Unit held at a Flex facility, the aforementioned final pickup of the Unit will occur immediately after the return service of the Unit to your residence, and is a separate appointment subject to separate billing.
If you commit to a minimum payment term for any Services, you remain obligated to pay the full amount of any such minimum payment term you have made to Flex, regardless of whether and at what point you cancel your Flex Account or at what point in an appointment the Services are completed. If you commit to a minimum hourly term for any labor billing for moving or storage appointment services, should the appointment take less time than the agreed-upon minimum, you agree to paying the labor costs for the full minimum labor allotted for that appointment. Should you cancel an appointment midway during the appointment Service, you remain obligated to pay the full agreed-upon minimum labor costs for that appointment. If you commit to a minimum payment term for any Storage Services, you may cancel your Subscription Services at any time once the minimum storage term you committed to has been met. Should you choose to cancel Subscription Services prior to the completion of your minimum storage term, all remaining monthly Subscription Services costs must first be paid in full before the cessation of Storage Services, regardless at what point during the minimum storage term you choose to cancel the service.
Any change to our Subscription Services’ pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Notwithstanding the foregoing, fees for booking initial appointments, interim pickups and/or deliveries, final pickups, or any other appointment types or add-on services are subject to change and will be calculated on the Site, at the Pickup Address on the date of your appointment, or by Flex staff at the time of booking. Your consent to have flex perform any of its Services is your full consent to be billed for that Service. You acknowledge that should your actual service needs exceed your initially-communicated service request, and should you receive additional services to meet your actual, rather than stated, service needs, Flex retains the right to bill for all services Flex provides, rather than services initially underquoted.
Flex maintains a 48-hour cancellation and rescheduling policy referenced during calls, the online booking process, in appointment confirmation emails, text messages, and on the Flex website. Appointments canceled within 48 hours of a scheduled appointment incurs costs on Flex’s end, as we carefully schedule appointments ahead of time. As such, Flex reserves the right, in its sole discretion, to collect a cancellation or rescheduling fee for any appointments the User cancels or reschedules within this 48-hour window from the beginning of business operations the morning of the originally-scheduled appointment.
Flex shall have a lien on all property, whether or not owned by the User, in the Unit and/or located at a facility owned, operated or otherwise used by Flex, for rent and other charges associated with any Services provided to User as well as all costs and expenses necessary to preserve property or reasonably incurred in their sale pursuant to the Florida Self-Storage Facility Act 83-801 et seq. and/or any applicable law.
Upon the failure of a User to pay the rent when it becomes due, Flex may, without notice, after five (5) days from the date the rent is due, deny the User access to the property located in the Unit. In denying the tenant access to property contained in the Unit, Flex may proceed without judicial process (including retrieving the Unit), if this can be done without breach of the peace, or may proceed by action.
Upon notifying the User, this lien may be enforced by public sale of the property in block or parcel, pursuant to the Florida Self-Storage Facility Act 83-801 et seq. and/or any applicable law, without judicial hearing.
By contracting Flex’s Services, you consent to any and all collection attempts, by Flex employees or its subcontractors, to collect on any arrears, to any contact method provided in connection with the instantiation of your Flex account.
In the event that Flex utilizes a collection agency or institutes a proceeding to recover an unpaid balance, User agrees to reimburse Flex for all expenses incurred to recover such unpaid balance, including reasonable attorneys’ fees and costs. If the User fails to pay on time and Flex refers the User to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18 percent. All remedies available to Flex are cumulative and the exercise of one or more remedies does not exclude or waive Flex’s rights as to any other remedy available under this Agreement or available at law or in equity.
In the event of nonpayment, Flex reserves the right, in its sole discretion, to refuse any requests for refunds, credits, or amendments of unpaid bills until any outstanding bills are paid in full by the User. In the event of nonpayment, Flex will not offer any return Services for any stored Items, nor any pickup Services to add additional items to storage. As outlined above, Flex reserves the right to retrieve a unit from a User’s property and withhold the unit until all outstanding arrears, including late fees and liens, are paid in full. If the User has a supplemental Protection Plan as outlined in the Limited Security Warranty Policy, and if the User has incurred damages or losses to User Items, the User understands that, in the event of outstanding arrears, the supplemental Protection Plan will not apply to any claimed items determined otherwise eligible for reimbursement under the Limited Security Warranty Policy. As such, should the User have any outstanding arrears, the User consents that any claimed items determined eligible for reimbursement under the Limited Security Warranty Policy will receive, at maximum, $0.60 per pound per item, regardless of the claimed item’s scope of damages, utility, or current fair market value.
Subject to applicable law, Flex shall have the right to repossess Units, including Customer Items contained within, and withhold and/or dispose of some or all of the User Items in accordance with this clause if either: (i.) you do not pay any applicable fees or any other payments due under these Terms, (ii.) you abandon your User Items, or (iii.) under the scenarios outlined in Flex Services section C. User Items, above. You will be responsible for all transport and storage charges and other associated costs reasonably incurred by Flex while withholding or disposing of the User Items. If, after reasonable collection attempts for outstanding billing is unsuccessful, Flex retains the right to, upon its sole discretion, consider your User Items abandoned and may dispose of some or all of the User Items by sale or otherwise. If in Flex’s opinion the User Items cannot be sold for a reasonable price or at all (for any reason), or despite Flex’s reasonable efforts they remain unsold, you authorize Flex to treat them as abandoned and to destroy or otherwise dispose of them at your cost. You shall be responsible for all costs reasonably incurred by Flex in relation to the disposal of the User Items. If Flex receives money on disposal of the User Items, the net proceeds of sale will be credited to your account and Flex will pay any excess amounts to you without interest, less Flex’s administrative charge of $1000.00. Any and all excess amounts will be considered forfeit to Flex unless otherwise agreed upon by Flex in writing.
FLEX PARTIES (INCLUDING THE RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AND AGENTS OF ANY SUCH ENTITIES) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE OR MOBILE APPLICATION, REGARDLESS OF OUR NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FLEX PARTIES (INCLUDING THE RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AND AGENTS OF ANY SUCH ENTITIES) SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES RELATED TO, IN CONNECTION WITH, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, MOBILE APPLICATION, OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, MOBILE APPLICATION, OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I.) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II.) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III.) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE OR SERVICES (EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY); (IV.) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V.) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VI.) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (VII.) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY, IN NO EVENT SHALL FLEX, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FLEX HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE OR $100.00, WHICHEVER IS GREATER.
IN NO EVENT SHALL FLEX PARTIES (INCLUDING THE RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AND AGENTS OF ANY SUCH ENTITIES) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE SINGLE SUM EQUAL TO THE LESSOR OF: (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE (OR MOBILE APPLICATION) OR FOR ANY OF YOUR ACTIVITIES ON THE WEBSITE (OR MOBILE APPLICATION) DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
BECAUSE OF THE NATURE OF FLEX’S BUSINESS AND THE NATURE OF HOUSEHOLD GOODS, THERE ARE CERTAIN EVENTS AND CIRCUMSTANCES WHICH MAY RESULT IN LOSS OR DAMAGE TO CUSTOMER ITEMS FOR WHICH FLEX WILL NOT BE LIABLE. THESE PERILS INCLUDE LOSS OR DAMAGE RESULTING FROM ACT OR DEFAULT OF YOU, MOTHS, INSECTS, RODENTS, WEATHER, MOLD, MILDEW, RUST, LEAKAGE, MOISTURE OR WATER, CHANGES IN TEMPERATURE, HEAT, FUMIGATION, INHERENT VICE, NORMAL WEAR AND TEAR, ACTS OF GOD, EARTHQUAKE, FIRE, FLOODING, LABOR TROUBLES OR STRIKES, WAR OR INSURRECTION, RIOT OR CIVIL COMMOTIONS, ACTS OF PUBLIC ENEMY, STREET TRAFFIC, ELEVATOR SERVICE, OR DETERIORATION BY TIME, FURNITURE ASSEMBLED BY YOU COMMONLY REFERRED TO AS READY TO ASSEMBLE OR KNOCKED DOWN (KD) FURNITURE; NOR FOR LOSS OR DAMAGE TO FRAGILE ARTICLES UNLESS PACKED BY FLEX, AND UNPACKED BY THEM AT THE TIME OF DELIVERY; NOR FOR THE CONTENTS OF ANY CONTAINER OR ARTICLE OF FURNITURE UNLESS SUCH CONTENTS ARE MADE KNOWN AND SPECIFICALLY ITEMIZED IN AN INVENTORY SHARED TO FLEX VIA THE SUPPORT INBOX DURING THE INITIAL APPOINTMENT; NOR FOR OTHER CAUSES BEYOND ITS CONTROL.
FLEX ALSO WILL NOT BE LIABLE FOR LOSS OR DAMAGE OCCURRING OR ALLEGED TO HAVE OCCURRED TO THE MECHANICAL FUNCTION OF ITEMS INCLUDED IN THE CUSTOMER ITEMS SUCH AS, BUT NOT LIMITED TO, MUSICAL INSTRUMENTS, RADIOS, STEREO SETS, TELEVISION SETS, COMPUTERS, REFRIGERATORS, AIR CONDITIONERS, OR OTHER ELECTRONICS, INSTRUMENTS, OR APPLIANCES.
UNDER NO CIRCUMSTANCES WILL FLEX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST INCOME, LOST PROFITS OR MARKET, LOST OPPORTUNITY, LOSS OF BUSINESS, ADDED LABOR CAUSED BY DELAY OR “DOWN TIME,” LATE PENALTIES, ANTIQUE OR SENTIMENTAL VALUE, ATTORNEY’S FEES, COSTS OF DEFENSE OR ANY OTHER FORMS OF DAMAGE, WHETHER DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL, REGARDLESS OF WHETHER FLEX HAD KNOWLEDGE THAT SUCH DAMAGE(S) MIGHT BE INCURRED REGARDLESS OF WHETHER SUCH DAMAGES ARE ALLEGED TO HAVE RESULTED FROM NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL, OR WILFUL MISCONDUCT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLEX WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF ANY USER ITEMS, OR FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF ITS OBLIGATIONS UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION ANY SERVICES, THAT IS CAUSED BY EVENTS OUTSIDE ITS REASONABLE CONTROL (INCLUDING BUT NOT LIMITED TO) ACTS OF GOD, FLOOD, EARTHQUAKE, WINDSTORM OR OTHER NATURAL DISASTER; FIRE, EXPLOSION OR ACCIDENTAL DAMAGE; ADVERSE WEATHER CONDITIONS; ANY LABOR DISPUTE, INCLUDING BUT NOT LIMITED TO STRIKES, INDUSTRIAL ACTION OR LOCKOUTS; WAR, ARMED CONFLICT, TERRORIST ATTACK, CIVIL WAR, CIVIL COMMOTION OR RIOTS; ANY LAW OR GOVERNMENT ORDER, RULE, REGULATION OR DIRECTION, OR ANY ACTION TAKEN BY A GOVERNMENT OR PUBLIC AUTHORITY; NUCLEAR, CHEMICAL OR BIOLOGICAL CONTAMINATION OR SONIC BOOM; PANDEMIC; INTERRUPTION OR FAILURE OF UTILITY SERVICE, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, GAS OR WATER; NON-PERFORMANCE OR DELAY BY SUPPLIERS OR SUBCONTRACTORS; AND FAILURE OF PLANT MACHINERY, MACHINERY, VEHICLES, COMPUTERS, THE INTERNET OR TELECOMMUNICATIONS (EACH, A “FORCE MAJEURE EVENT”).
BY CONTRACTING FLEX’S SERVICES, YOU AGREE AND CONSENT TO FLEX, OR THIRD-PARTY CONTRACTORS WORKING ON FLEX’S BEHALF, TO SEIZE ANY UNITS STORED OUTSIDE OF A FLEX FACILITY, TO TRANSPORT SAID UNITS AND USER ITEMS TO A FLEX FACILITY OR THIRD LOCATION, IN THE INTEREST OF PROTECTING FLEX’S UNITS AND THE USER ITEMS IN THE INSTANCE THAT A FORCE MAJEURE EVENT OCCURS. IF SUCH MEASURES ARE DEEMED NECESSARY BY FLEX, IN FLEX’S SOLE DISCRETION, YOU UNDERSTAND THAT NO SUCH PRIOR NOTIFICATION NEED BE SENT BEFORE A UNIT CONTAINING USER ITEMS ARE SEIZED. YOU AGREE THAT USER ITEMS WILL NOT BE UNLOADED FROM A UNIT PRIOR TO SUCH A SEIZURE. YOU AGREE TO NOT PREVENT, BY FORCE OR OTHERWISE, SUCH A SEIZURE. BY CONTRACTING FLEX, YOU ACKNOWLEDGE THAT SHOULD A FORCE MAJEURE EVENT IMPACT THE NORMAL COURSE OF SERVICES, UP TO AND INCLUDING MOVING SERVICES AND SERVICES FOR THE RETURN OF STORED USER ITEMS, YOU AGREE THAT ALL SERVICES MAY BE DELAYED OR HALTED UNTIL SUCH TIME AS THE FORCE MAJEURE EVENT ENDS AND SERVICES MAY CONTINUE WITHOUT RISK TO THE SAFETY OF THE USER, THE USER’S ITEMS, FLEX PROPERTY, FLEX EMPLOYEES, OR FLEX’S THIRD-PARTY CONTRACTORS OR THIRD LOCATION. YOU HEREBY ACKNOWLEDGE THAT NO FLEX FACILITY OR THIRD LOCATION MAY GUARANTEE THE SAFETY OF USER ITEMS FROM A FORCE MAJEURE EVENT, AND YOU RELEASE FLEX OF ANY AND ALL LIABILITY FOR DAMAGES OR LOSSES INCURRED TO USER ITEMS DURING A FORCE MAJEURE EVENT. FOR THESE REASONS, THE STORAGE OF THE FOLLOWING USER ITEMS IS STRICTLY PROHIBITED: VITAL DOCUMENTS (SUCH AS PASSPORTS, MEDICAL RECORDS, BANK RECORDS, IDENTIFICATION, PROOF OF POWER OF ATTORNEY, OR ANY OTHER DOCUMENT DEEMED NECESSARY FOR LEGAL, MEDICAL, PROPERTY, ASSET MANAGEMENT, OR GOVERNMENTAL PURPOSES); CURRENCY, LEGAL TENDER, DEBIT OR CREDIT CARDS, OR ANY OTHER TOOL USED FOR FINANCIAL EXCHANGE; MEDICATIONS, MEDICAL DEVICES, OR ANY OTHER IN NECESSARY FOR THE CONTINUANCE OF LIFE; VEHICLES OR OTHER MODES OF TRANSPORTATION; FLORA, FAUNA, OR PEOPLE, EITHER LIVING OR DECEASED; OR ANY OTHER USER ITEM, THE IMMEDIATE ACCESS TO WHICH THE USER, OR USER-AFFILIATED THIRD PARTIES WOULD REQUIRE FOR THE CONTINUANCE OF USER OR USER-AFFILIATED THIRD PARTY’S SAFETY, FINANCIAL INTEGRITY, OR MOVEMENT. SHOULD THE USER CHOOSE TO STORE SUCH AN ITEM, THE USER ACCEPTS THAT FLEX BEARS NO LIABILITY FOR DAMAGES OR LOSSES SUCH AN ITEM MAY INCUR, DURING A FORCE MAJEURE EVENT OR OTHERWISE, AND THE USER WAIVES THE RIGHT TO REQUEST SAID ITEM(S) BE RETURNED DURING OR AFTER A FORCE MAJEURE EVENT.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FLEX PARTIES LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE LAW AND JURISDICTION PROVISION SET FORTH BELOW.
You are solely responsible and liable for: (a) any breach of your representations, warranties, covenants or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by the Flex Parties or third parties; (b) all activities that occur under Your Account; (c) maintaining the security, confidentiality and restricted, authorized use of all user names and identifications, passwords, and access codes to the Website or Mobile Application that are in your knowledge, control or possession; and (d) any and all actions and omissions by any of your personnel or other persons and entities under your control or for whose actions you may otherwise be held liable (it being understood and agreed that all such third party actions and omissions, which, if committed by you would constitute a breach of these Terms shall constitute a breach hereof as if directly committed by you).
You agree to defend, indemnify, and hold harmless the Flex Parties, its affiliates, licensors, service providers, and each of the foregoing persons’ and entities’ respective officers, directors, employees, representatives and agents, and all others involved in creating, promoting, or otherwise making available the Website, Mobile Application, or any of their content, and each of their respective successors and assigns, from and against any and all claims, actions, demands, costs, expenses, damages, losses and liabilities, including reasonable legal and accounting fees (“Claims and Liabilities”), that arise out of or in connection with, or result from, any of Your Content or your access to or use of the Website, Mobile Application, or any of their content, your breach of or noncompliance with these Terms or any Supplemental Terms, or your violation of any rights of any third party. We will attempt to provide prompt notice to you of any such Claims and Liabilities and we reserve the right to take exclusive control and defense of any claim, action or demand subject to indemnification by you, in which event you agree to cooperate fully with Flex Parties in asserting any available defenses.
No revocation, expiration or termination for any reason of any (or all) of the rights, licenses or privileges granted to you under these Terms shall affect Flex Parties’ right to payment, as and when due, of any amounts payable by you to Flex Parties.
We respect the intellectual property rights of others and require our users to do the same. To notify us of your claim of copyright infringement with respect to any Website or Mobile Application content, please send a written communication to our designated copyright agent:
Copyright Agent
Flex Storage Inc.
1065 SW 8th St. PMB 5012
Miami, FL 33130
Email: support@flex.storage
Your notice must include:
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. §512.
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain infringement of the material in question.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Instead of suing in court, Flex and the User (solely for the purposes of this arbitration provision, each may be referred to as a Party or collectively as Parties) each agree to settle disputes (except as specifically enumerated in subsection (1) titled CLAIMS NOT SUBJECT TO ARBITRATION, which follows below) only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations in this Agreement, as a court would. To the fullest extent permitted by law we each agree that:
(1) CLAIMS NOT SUBJECT TO ARBITRATION.
(a) Either the User or Flex may bring in small claims court those claims that do not exceed the jurisdictional limits of the small claims court;
(b) FLEX may utilize the courts to remove the User from the Unit and/or a facility owned, operated or otherwise used by Flex; and,
(c) Either the User or Flex may pursue any self-help or other remedies and defenses provided in any applicable lien law, including without limitation the Florida Self-Storage Facility Act 83-801 et seq. and/or similar law.
However, this exception does not include claims that are derivative or based on violations of the applicable lien laws, including without limitation claims for unfair business practices, conversion, negligence, breach of contract, or other violations of state or federal law; any such claims shall be subject to arbitration under the terms of this arbitration provision unless brought in small claims court.
(2) CLAIMS SUBJECT TO ARBITRATION:
Other than as excepted above, any dispute, controversy or claim arising out of or relating in any way to this Agreement and/or the User’s storage of property with Flex, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Agreement as well as claims based on broken promises or contracts, torts, or other wrongful actions, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Agreement and/or the User’s storage of property, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, representatives of both Parties shall meet at Flex’s location, unless an alternative location has been agreed to by the Parties, to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. Similarly, any permissible court proceeding must be initiated no later than one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
(3) The arbitration shall be conducted by one arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within forty-five days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association in accordance with the terms of this Agreement and administered by the American Arbitration Association in Florida in accordance with its Commercial Arbitration Rules then in effect.
(4) THIS AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AMERICAN ARBITRATION ASSOCIATION PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM AND PERMITTED UNDER THIS AGREEMENT. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.
(5) Any disputes between the Parties shall be governed by the laws of the State of Florida, without regard to principles of conflict of laws.
(6) Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.
(7) The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten days before the arbitration hearing.
(8) The arbitrator shall have no authority to award punitive, consequential, special, and/or indirect damages. The arbitrators shall not be entitled to issue injunctive and other equitable relief. The arbitrator may award interest from the time of the breach to the time of award at the rate of 3%.
(9) The arbitral tribunal shall not award costs and expenses. Each party shall bear all their own costs and expenses (including of its own counsel) involved in pursuing a claim, preparing and presenting its case.
(10) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (4) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.
(11) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, THE PARTIES AGREE THAT THERE WILL NOT BE A JURY TRIAL. THE PARTIES UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
The application of the United Nations Convention on Contracts for the International Sale of User Items is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Miami, Florida, for any suits, actions, or proceedings for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Dispute Resolution provision above.
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Website, Mobile Application, and Services.
We may change products or Services mentioned on the Website or Mobile Application at any time with or without notice.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flex without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms, and any Supplemental Terms (including Flex’s Privacy Policy, Limited Security Warranty Policy, and others contained herein) shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Website or Mobile Application, including our Privacy Policy, or specified in the Website or Mobile Application content.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Website or Mobile Application and all matters relating to your access to, or use of, the Website or Mobile Application. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
You agree that your order for the Services, whether made by clicking a “Confirm Appointment” button (or any similar button, which is your electronic signature), scheduling an appointment over the phone, or otherwise, is your agreement to conduct transactions with us electronically, and is your affirmative consent to our use of an electronic record to provide or make available to you (whichever is required) any information required by any statute, regulation, or other rule of law to be in writing with respect to any transaction conducted with us. To the maximum extent permitted by applicable law, you agree and consent to electronically receive and sign any documentation from Flex regarding the Services, including but not limited to a Bill of Lading, Estimate, Release Agreement, and/or Storage Contract, via your Flex Account, DocuSign, or any other similar e-signature tool. To the maximum extent permitted by applicable law, you expressly waive your right to receive any documentation from Flex regarding the Services, including but not limited to a Bill of Lading, Estimate, Release Agreement, and/or Storage Contract, in the time period set by applicable law. You agree and consent to receive such documentation in any time frame permitted by applicable law. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or these Terms. You will be responsible for any printing or storage of electronic records for your files and reference. When you place an order or make a reservation for Services, our confirmation of your order or reservation will constitute our signature. We will send our confirmation to the email address associated with your Flex Account.
No failure or delay of the Flex Parties to exercise or enforce any right, remedy or privilege shall constitute or result in any loss or waiver of that, or any other, of Flex Parties’ right, remedy or privilege, in whole or in part.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted in these Terms are reserved to the Flex Parties.
Flex may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or in your Flex Account, as determined by Flex in our sole discretion. Flex reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Flex is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Flex may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the “Revised” date at the top of this page and notify you that material changes have been made to these Terms. Subject to applicable laws, all changes to these Terms are effective immediately when we post them, and apply to all access to and use of the Site or Services thereafter. Your continued use of the Site or Services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to use or access) the Site or Services.
All provisions of these Terms and of the Supplemental Terms (including Flex’s Privacy Policy, Limited Security Warranty Policy, and any others contained herein) that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Website, Mobile Application, or any of their content, shall survive the revocation, expiration or termination, in whole or in part, of these Terms or the Supplemental Terms, or any license hereunder or thereunder, however and whenever occurring.
Flex does not sell products through its Site or Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian.
In order to comply with SERVICE MEMBERS CIVIL RELIEF ACT (the “Civil Relief Act”), it is User’s obligation to notify Flex in writing that User is currently in the Military Service of the United States Government or is supported by someone currently in the Military Service of the United States Government. Absent such a writing, User hereby certifies that the User is not currently in the Military Service of the United States Government, nor is the User supported by anyone currently in the Military Service of the United States Government and expressly waives the requirements of Flex to produce an affidavit to this effect in any legal proceeding. If the User’s status under this paragraph changes, the User is required to notify Flex in writing of said change. Flex will rely on this information to determine the applicability of the Service Members Civil Relief Act.
Each of the Flex Parties service providers and licensors shall be third party beneficiaries to these Terms and the Supplemental Terms, and shall be entitled to directly rely on and enforce any provisions of these Terms or Supplemental Terms which confer a benefit on or rights in favor of the Flex Parties.
The provider of Services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
In the event that Flex ceases operations, we will attempt to make reasonable efforts to return or deliver your User Items to you, but cannot guarantee if and when such returns will occur. Flex will not be liable for any failure to return User Items in the event of a business failure.
We reserve the right to change our Storage Rules, these Terms, our pricing, our Service Areas, Protection Plans, Limited Security Warranty Policy, and our Privacy Policy immediately with no notice if the changes expand Flex’s obligations, if the changes govern new Services being initially offered by Flex, or if the changes reduce your obligations to Flex.
Otherwise, we may modify, adjust, or change our Storage Rules, these Terms, our pricing, our Service Areas, Protection Plans, Limited Security Warranty Policy, and our Privacy Policy at any time upon notice to you. If we do change, adjust or modify our Storage Rules, these Terms or our Privacy Policy, notice may be provided by email, postal mail, SMS to the address provided by you in your online profile, on our webpage, or upon sign-in to your online account or dashboard. It is your obligation to keep your online profile up to date and to review any notice provided by Flex to you. Your continued use of Flex will constitute an acceptance of the change.
You represent and warrant that you have the unencumbered right to grant the rights granted herein and to enter this agreement. For purposes of these Terms: (1) the singular includes the plural and the plural includes the singular; (2) “or” and “and” connotes any combination of all or any of the items listed; (3) any form of the word “include” shall be deemed to be followed by the words “without limitation”: (4) headings are merely for convenience and in no way modify, interpret or construe the intentions of the parties; and (5) whenever you are restricted from taking any action hereunder, you are also restricted from directly or indirectly authorizing, permitting, or cooperating with a third party or affiliate to take such action.
You can address your questions or concerns regarding these Terms and Conditions of Use to the Support Inbox.