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Terms of Service

Revised as of September 5, 2025

Acceptance of Terms

These Terms and Conditions of Service (“Terms”) govern your access to and use of the websites, mobile applications, and storage, moving, and related services (collectively the “Service(s)”) offered by Flex Storage Inc. (“Flex”). Certain Services may also be subject to additional terms and conditions, rules, and policies, 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, these Terms for the purposes of the applicable Services. In the event of a conflict, the Supplemental Terms shall prevail. These Terms, the Supplemental Terms, and all other agreements, rules, and policies incorporated by reference to herein or therein, including without limitation the Flex Privacy Policy, constitutes the entire agreement between you and Flex and supersedes any prior or contemporaneous oral or written agreements relating to the Services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO REGISTER FOR, ACCESS, OR OTHERWISE USE THE SERVICES (“USERS”, “YOU”, OR “YOUR”). BY REGISTERING FOR, ACCESSING, OR OTHERWISE USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE REGISTERING, ACCESSING, OR OTHERWISE USING THE SERVICES AS AN EMPLOYEE OR REPRESENTATIVE OF AN ENTITY, THESE TERMS ARE BINDING UPON BOTH YOU INDIVIDUALLY AND THAT ENTITY, AND REFERENCES TO “USERS”/”YOU”/”YOUR” SHALL APPLY EQUALLY TO YOU INDIVIDUALLY AND SUCH ENTITY. IF YOU DO NOT AGREE TO ALL OF THE TERMS, THEN YOU MAY NOT REGISTER FOR, ACCESS, OR OTHERWISE USE THE SERVICES.

YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. ANY ACCESS OR USE OF THE SERVICES BY ANYONE UNDER 18 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS.

WE MAY CHANGE OR REVISE THESE TERMS FROM TIME TO TIME AT OUR SOLE AND COMPLETE DISCRETION, FOR ANY OR NO REASON (“REVISED TERMS”). REVISED TERMS WILL BE EFFECTIVE UPON, AND NOTICE BE DEEMED GIVEN ON, THE DATE THEY ARE POSTED TO THIS WEBSITE. YOUR CONTINUED USE OF THE  SERVICES AFTER THE POSTING OF REVISED TERMS MEANS YOU AGREE TO SUCH REVISED TERMS. REVISED TERMS WILL BE APPLIED ON A PROSPECTIVE BASIS. PLEASE VISIT THIS PAGE ON A REGULAR BASIS TO ENSURE THAT YOU ARE FAMILIAR WITH THE MOST RECENT VERSION OF THESE TERMS.

Account Information

If you create an account in connection with the Services, you agree that the information you provide in connection with establishing the account is complete and accurate, and that you will keep your information up-to-date. You may update your account information by contacting support@flex.storage (the “Support Inbox”). You acknowledge and agree that your last known contact information on file with Flex will be used for all notices required to be provided to you by law or as required under these Terms. If you use your existing social media account (“SMA”) in connection with establishing, or logging into, your Flex account, you give us permission to access and use your information as permitted by the SMA provider, and to store your log-in credentials for that SMA account. You are solely responsible for the security of all of your account credentials (e.g. user names, passwords, and registration information), and you are solely responsible for any use (authorized or not) of your account. You agree that you will not permit others to use your account or your account credentials, and that you will not use the account or the account credentials of any other person or entity. You agree to notify Flex immediately of any known or suspected breach of security or unauthorized use of, or access to, your account. We may, in our sole discretion and at any time, suspend, disable, or permanently terminate your account (including access to the Services) without prior notice to you. Without limiting the above, we may suspend, disable, or permanently terminate your account (including access to the Services), without prior notice to you, if you violate any applicable law, rule, or regulation, breach any term or condition of these Terms (including any incorporated terms and conditions), or use the Services in any manner that we deem, in our sole and complete discretion, to be offensive or inappropriate. Flex will not be liable to you or any third party for any losses caused by any unauthorized use of your account, nor for any losses caused, directly or indirectly, by the suspension, disabling, or permanent termination of your account. You agree that you will not attempt to create a separate or new account with Flex if your account has been suspended, disabled, or permanently terminated.

By providing Flex with your email address, you consent to our using that email address to send you 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. You will have the option to identify in your account a secondary contact email or address, and if Flex is unable to contact you using the primary contact method you provided, using the secondary contact will be deemed sufficient. We may also use the email address you provide to send you other messages, such as changes to our website 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. Flex may in the future create a customer-facing dashboard, and by providing Flex with your email address and other contact information, you expressly consent to Flex uploading your information into such customer-facing dashboard and to instantiate your Flex  account on your behalf.

Intellectual Property Notice

Flex is the exclusive owner or licensee of all materials relating to the Services and of all related intellectual property rights, including without limitation all copyrights, moral rights, trademark rights, trade dress rights, rights of publicity and patent rights therein or thereto. The Service materials include all features, functions, 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. The entire Service materials are the subject of a copyright as a collective work and all elements of thereof 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 Flex by third parties.

All trademarks, service marks, and trade names of Flex used in connection with 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. All other trade names, trademarks, and service marks that appear on the Flex 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 expressly allowed by law. You do not acquire any ownership interests in the Service, the Service materials, or the Marks.

Subject to these Terms or any expressly stated restrictions or limitations relating to specific material, you may electronically copy, download and print only such limited number of hard copies of discreet excerpts of content on our websites solely as necessary to make a Service purchase, or document an online gift card purchase. You may also share links to our website pages via the “Share Link” or “Email” tools displayed on our websites 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, perform, publish or otherwise use or exploit, through any means or media, any of the Service materials, except as may be expressly allowed by law (“Your Exempt Use”). Your Exempt Use will be, at all times, prominently accompanied by: (i) a copyright notice in the form identical to the copyright notice appearing on the Flex website or mobile application 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 Flex website where you accessed such content. You agree not to change or delete any proprietary notice from materials copied, downloaded, or printed from the Flex website or mobile applications.

Limited License & Permissible Use

You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services solely for your personal, noncommercial, and lawful use, and solely as permitted by these Terms, the Supplemental Terms, and all other terms, conditions, rules, and policies incorporated herein by reference. We may permanently or temporarily terminate or suspend your access to the Services at our sole and complete discretion and without any notice or liability to you. The foregoing license to you shall immediately and automatically terminate upon the termination of your access to the Services, and these Terms shall continue to bind you. Flex reserves all rights not expressly granted herein.

You agree that you will not yourself, and will not induce, assist, or cause (directly or indirectly) others to:

  • Use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access our websites or mobile applications in a manner that sends more request messages to the Flex servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Flex grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from our websites for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices, but not caches or archives, of such materials);
  • Copy, distribute, or disclose any part of our websites or mobile applications in any medium, including without limitation by any automated or non-automated “scraping”;
  • Attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running our websites and mobile applications;
  • Transmit spam, chain letters, or other unsolicited communications;
  • Take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Use our Services to collect any personally identifiable information, including account names;
  • Use our Services for any commercial solicitation purposes;
  • Upload invalid data, viruses, worms, or other software agents;
  • Impersonate another person or otherwise misrepresent your affiliation with a person or entity,  hide or attempt to hide your identity;
  • Bypass the measures we may use to prevent or restrict access to our Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of our Services,  or any content therein;
  • Access any Service content through any technology or means other than those provided or authorized by Flex; or
  • Otherwise interfere with the proper working of our websites and mobile applications.

Additional access and use restrictions may appear elsewhere on our websites and mobile applications or in Supplemental Terms. You agree to abide by such additional restrictions.

User Generated Content

Certain features of our websites or mobile applications may allow users to post materials, content, images, comments, suggestions, information, or ideas (“User Content”). We do not ask for, and you agree not to post, any confidential, secret, or proprietary information. If you post User Content, you: (i) represent and warrant that such User Content is original to you, that you own or otherwise control all of the rights in such User Content, or that you have the rights necessary to grant Flex the license granted herein; (ii) represent and warrant that your User Content does not violate any rights, including the rights of privacy, of any third party and does not otherwise violate any applicable law; (iii) grant to us 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 of and otherwise use your User 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 User Content including rights protected under applicable copyright, trademark, trade secret, patent, and other laws throughout the world); and (iv) agree that we 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 of your User Content, or any tangible or intangible subject matter similar to, or using, incorporating, derived from, or based on, any of your User Content, in whole or in part. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT, OR POST ANY CONTENT TO OR THROUGH OUR WEBSITES AND/OR MOBILE APPLICATIONS.

We reserve the right, but do not have an obligation, to monitor and review all User Content, and we may in our sole and complete discretion edit, remove, or delete User Content at any time, for any or no reason, and without notice or liability to you. We further reserve the right at all times to disclose any information as necessary to satisfy any law, rule, regulation, or governmental request.

You agree that Flex is not responsible and shall have no liability to you in connection with any User Content posted to our websites and/or mobile applications, 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 of such other User’s actions or inactions.

To the extent that our website or mobile applications provide access to resources offered by third parties, including without limitation online tools, calendaring, email, bookmarks, personalization features, or other service offerings, we assume no responsibility or liability for the accuracy or effectiveness of any such resources or the timeliness, deletion, misdelivery or failure to store any user communications or personalization data or settings. All such risks shall be borne solely by you.

Linking to the Flex Website

You agree that if you include a link to our 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”; (c) 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 our or our licensor’s names or trademarks; (d) the appearance, position, and other aspects of either the link or the host website may not create the false appearance that any third party or third party product or service  is associated with or sponsored by Flex; and (e) you may not link directly to any content on our website, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing our 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 our website be discontinued and removed, and revoke your right to link to our website.

We are not responsible for the information or materials contained on any website that is not owned and controlled by us. Links to third-party websites are provided for convenience of reference only and are not intended as an endorsement by us of the organization or individual operating such websites or a representation or warranty of any type regarding such websites, the information contained therein, or the services or products offered thereat.

Text Messaging and Telephone Calls

You agree that we may contact you by telephone or SMS/text messages (including by an automatic telephone dialing system) at any landline, voice over IP (VOIP), or mobile phone number identified in your Flex account, including for marketing purposes, even if your number is registered on a state or federal Do Not Call list. You represent and warrant that you are the owner of the landline, voice over IP (VOIP), or mobile phone number identified in your Flex account, and that you shall remove any 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 landline, voice over IP (VOIP), or mobile phone 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 understand that you are not required to provide this consent as a condition of purchasing any Services. 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.

Flex Services

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, 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 you, plus any related add-on Services, such as 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 you may interact with Units where your User Items are stored, you will be provided with a physical key or other means for unlocking your Unit. Flex may offer other additional Services from time to time, subject to additional fees, and such additional Services will be included in the applicable definition above.

“User Items” means the items packed by you, Flex and/or any third party, in connection with the Flex Storage and/or Moving Services. You acknowledge and agree that, in the event User Items are stolen or lost before pick-up by Flex at the Pickup Address, or after drop-off of the User Items by Flex at the Delivery Address, or while the Unit containing the User Items is stored onsite at your address, Flex will not be liable for and hereby expressly disclaims any and all liability for such theft and/or loss.

In the event your email address, residence address, mailing address, billing address, phone number, Pickup Address, and/or Delivery Address changes, you must update your Flex account with the new information within fourteen (14) calendar days of the change 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 you failed to update your contact information or you failed to notify us of a change in your Pickup Address/Delivery Address within fourteen (14) calendar days.

All appointments and reservations are subject to local operational availability and are given on a first-come-first-served basis. 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 customers or others, whether actual or perceived; exposure to or evidence of insect, animal, or mold activity or infestation; limited, obstructed, or no access to the Pickup Address or Delivery Address; complications due to a customer 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. You agree that Flex shall have no liability to you in the event of such refusal, cancellation, postponement, or rescheduling. 

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 our 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, storage, 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, unless expressly stated in your Service quote or confirmation communications, Flex will not disassemble, reassemble, disconnect, reconnect, remove, or hang the following User Items: electronics, fixtures, furniture, appliances, wall-mounted objects, fittings, equipment, or any item that requires licensing, certification, or specialized tools in order to perform any of the foregoing. You acknowledge and agree that Flex or its contractors may refuse to perform such services, even if expressly stated in your Service quote or confirmation communications, if Flex or its contractors determine, in their sole and complete discretion, doing so: could cause harm to persons or the property to which the User Items are attached or are to be attached; would involve an inordinate amount of time to complete; would require specialized tools which are not in the possession of Flex or its contractors; would violate any applicable laws, rules, regulations or manufacturers recommendations, including without limitation deed and homeowner restrictions and complex rules; or would otherwise be impractical. 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. You agree that it is your responsibility to inspect the Unit for suitability for storage of your User Items before your User Items are placed in the Unit, and that the placing of your User Items in the Unit means you deem the Unit suitable. You are 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, and that Flex shall have no liability to you in connection with any User Items that are not safely and securely packed in the Unit.

The Services 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 reserve the right, in our sole and complete discretion, to limit the provision of any feature or function of the Services to any person and/or geographic area. Your access to and use of the Services may be restricted or prohibited by laws, rules, and/or regulations applicable in your geographic location, and it is your responsibility to ensure that your use of the Services fully complies with all such laws, rules, and regulations. Any offer to provide Services to you is void where prohibited.

Flex reserves the right to change, disable, modify, limit, or otherwise discontinue the Services (or any portion, feature, or functionality thereof), at its sole and complete discretion and without notice or liability to you.

Your Responsibilities

Your 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. You are 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 you is present, during the delivery, packing, 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) paying a No Show Fee (as identified in your Service documentation) for each occasion where there has not been full compliance with the preceding sections (i), (ii), and/or (iii). You are also responsible for informing Flex immediately upon the occurrence of any damage whatsoever to the Unit and any damage alleged to have occurred to your property during delivery, pick-up, or the use of the Unit. YOU ASSUME FULL RESPONSIBILITY FOR IDENTIFYING AND COMPLYING WITH ALL LAWS, ORDINANCES, RULES AND/OR REGULATIONS, INCLUDING WITHOUT LIMITATION DEED AND HOMEOWNER RESTRICTIONS AND COMPLEX RULES, AND YOU AGREE THAT YOU SHALL BE SOLELY LIABLE FOR, AND SHALL IMMEDIATELY PAY, ALL FINES, FEES, PENALTIES, OR OTHER CHARGES INCURRED IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING.

You 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. YOU ACKNOWLEDGE AND AGREE THAT FLEX WILL SUFFER DAMAGES, AND THAT IT WOULD NOT BE FEASIBLE TO ASCERTAIN THE EXTENT OF SUCH DAMAGES WITH PRECISION, IF YOU MOVE OR OTHERWISE RELOCATE A UNIT WITHOUT FIRST MAKING ARRANGEMENTS THROUGH FLEX AND, IN THE EVENT OF YOUR FAILURE TO DO SO, YOU AGREE 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, you hereby grant Flex full authority to comply with such demand or request, and absolve Flex of any liability for any resulting damage or claim, including but not limited to damage or claim related to your premises or property. Flex will attempt to notify you 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 for 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 thirty (30) days from the Storage Service appointment date for the correction of any errors or omissions in the inventory list, such list will be assumed to be a full and correct list of all User Items stored thereunder and Flex shall not be liable for anything 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.

User Items

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 any 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 this section, you agree to pay all costs and expenses (including attorneys’ fees) that Flex may incur  in connection with such action, litigation, and/or dispute.

For Storage Services, the User Items will be stored in a trailer held either at your chosen location, or at one of Flex’s own facilities. While each trailer is equipped with climate-mitigating technology, you understand that Flex makes no guarantee that the User’s Items will be protected from extreme weather, heat, chill, ambient moisture exposure, or Force Majeure Events (as defined below). 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 your location, and because Flex does not control whether you will choose to store a Prohibited Item (as defined below), Flex cannot guarantee that mold, dust, or similar microorganisms may not develop on the User Items. Flex is not liable for invasive pests, or 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 invasive pests, mold, rust, or similar microorganisms could damage your User Items.

Your 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 (collectively “Prohibited User Items”): antiques (whether or not breakable and fragile, as defined as items older than 75 years from the date of first 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 (or any other tool used for financial exchange), 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, 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, vehicles, 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), medications/devices necessary for the continuance of life, articles or collections of high or unusual value, securities, specie, any item to which you or any third party might need immediate access to in order to ensure your or any third party’s safety, financial integrity, or movement, 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.

You shall be liable for and indemnify Flex for all loss or damage caused by such Prohibited User Items, and Flex shall not be liable or responsible for safe delivery or storage of such Prohibited User Items. If Flex is, in its sole and complete discretion, obligated to dispose of Prohibited User Items, Flex may do so in any reasonable manner, or as required by any law, rule, or regulation (compliance with which shall be deemed a reasonable manner), and you agree to immediately pay Flex all costs and expenses associated with such disposal.

Without limiting the foregoing in any way, 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. Flex provides 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, which is incorporated herein by this reference. 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 the use of Flex’s Units for short- and long-term storage of any plants, fungi, animals, insects, and/or people is strictly prohibited.

Flex or its agents may, at its sole and complete discretion and without notice to you, conduct pest control inspections of any and all User Items and the Units they are contained in, and open any User Items or Units to inspect them if Flex: (i) believes the Units/User Items may include any Prohibited User Items; (ii) is required to do so by law enforcement, fire Services, local authorities, or by court order; (iii) determines it necessary for Unit or facility maintenance; and/or (iv) considers it necessary 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, or would violate any applicable law, rule, or regulation.

Flex shall not be held liable for any damage to real or personal property, including to your User Items, resulting from or relating to the transport and/or movement of the Unit. If you, or any third party on your behalf, pack, load, and/or unload the Unit,  you hereby acknowledge and agree that you and not Flex or its agents are liable for any damage to User Items resulting from improper packing, loading, and/or unloading of the Unit.

Flex has not, and will not, issue any warehouse receipt, or other document of title for the User Items (or any other property) stored in the Unit. Flex is not taking care, custody, control or dominion of the User Items. Flex is renting the trailer for the self-storage use by you. FLEX IS NOT ACTING AS A BAILOR OR WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING PROPERTY FOR HIRE UNDER THESE TERMS.

Cancellations, Payments, and Subscriptions

By ordering products or services provided by Flex or Flex’s third-party contractors, you agree to our pricing and payment terms, which we may update from time to time at our sole and complete discretion. Flex may offer new products or 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 and complete discretion. Flex may offer, in its sole and complete discretion, promotions, referral codes, discounts, or any other special offer in connection with our Services, which Flex may amend, revoke, or otherwise discontinue, for any reason or no reason, in its sole and complete discretion, and Flex will have no liability to you based on its exercise of the foregoing rights.

Flex uses Stripe, a third party payment processor, to process payment for the Services. In order to receive Services, you must provide Flex’s payment processor with a current, valid, accepted method of payment (“Payment Method”). By providing such Payment Method, you affirm that you hold the right to make purchases using that Payment Method and you agree to be bound by the Stripe Connected Account Agreement[a], which includes the Stripe Terms of Service[b] (collectively, the “Stripe Services Agreement”), as the same may be modified by Stripe from time to time. You authorize us to share transaction information related to your use of the payment processing services provided by Stripe. All information provided by you in connection with a purchase, transaction, or other monetary interaction with the Services must be accurate, complete, and current. By providing Flex’s payment processor with a Payment Method, you authorize Flex to collect a hold, deposit, or payment advance to be applied to the cost of the Services you ordered, 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 due in connection with your use of Flex’s Services. In the event of nonpayment, Flex may attempt to charge your Payment Method for any outstanding amounts due. If unsuccessful, your account may be suspended until full payment is received. In the event of a credit dispute, you hereby authorize Flex to reattempt any charge left unpaid through the payment processor’s credit dispute process, plus any collection fee charged by the payment processor. You agree that Flex shall have no responsibility or liability for any third-party charges levied against you, such as overdraft fees, credit interest, or other third-party costs.

Flex offers storage services on a monthly recurring subscription basis (“Subscription Services”). If you request Subscription Services, you agree to a monthly recurring payment program, which will automatically renew for subsequent periods until your 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 and agree that the monthly recurring Subscription Services will not cease until your Final Move-Out. You agree to pay all fees associated with the Final Move-Out and authorize Flex to charge your Payment Method for such fees.

Flex’s Subscription Services commence on the first date of service, and 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, your final month of Subscription Services will not be prorated. You may notify us of your intent to cancel the Subscription Services by booking a Final Move-Out appointment, but the cancellation will only become effective at the end of the subscription period in which the Final Move-Out is completed. In the event that your User Items are stored in a Unit held at a Flex facility, the Unit will be delivered to you for unpacking of your Users Items, and once you have cleared the Unit, you may schedule a Final Move-Out appointment, which is a separate appointment subject to a separate fee.

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, regardless of whether and at what point you cancel your Flex Account or at what point the Services are completed. If you commit to a minimum hourly term for any labor for moving or storage appointment services, should the appointment take less time than the agreed-upon minimum, you agree to pay 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 of 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 our website, 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 and agree that should your actual Service needs exceed your initially-communicated request, and should you receive additional Services to meet your actual, rather than stated needs, Flex shall have the right to bill you for all Services Flex provides.

Late Fees, Warehouse Liens, Eviction, and Other Fees

(i) Cancelation Fees

Flex incurs costs if a scheduled appointment is cancelled with less than 48 hours notice, and Flex therefore maintains a 48-hour cancellation and rescheduling policy. You acknowledge and agree that Flex may charge you, and you will pay, a cancellation or rescheduling fee should you cancel a scheduled appointment with less than 48 hours notice.

(ii) Late Fees and Warehouse Liens

Flex shall have a lien on all property, whether or not owned by the you, 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 you, as well as all costs and expenses necessary to preserve such property or reasonably incurred in their sale pursuant to applicable law.

If you fail to pay rent or other Service charges when due, Flex may place a lien on your property and ultimately enforce the lien by selling your property at a public auction. Flex may also deny you access to the Unit containing your property if you fail to pay rent and other Service charges within five (5) days (or such other period as may be required by applicable law) after the date the rent and other Services charges were originally due. Flex may proceed without judicial process (including retrieving the Unit), if this can be done without breach of the peace, or may proceed by legal action.

(iii) Collection Costs

You consent to Flex employees or its subcontractors contacting you via all contact methods provided by you in your Flex account when attempting to collect past due payments from you.

In the event that Flex utilizes a collection agency or institutes a proceeding to recover an unpaid balance, you agree to reimburse Flex for all expenses incurred to recover such unpaid balance, including reasonable attorneys’ fees and costs. If you fail to pay on time and Flex refers you 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 these Terms or at law or in equity.

(iv) Cessation of Services, Refunds, and Credits

In the event of nonpayment, Flex reserves the right, in its sole and complete discretion, to refuse any requests for refunds, credits, or amendments of unpaid bills until all outstanding bills are paid in full by you. 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 rent and other charges, including without limitation late fees and liens, are paid in full. If you have a supplemental Protection Plan as outlined in the Limited Security Warranty Policy, and you have past due rent or other charges, you agree that any claimed items determined eligible for reimbursement under the Limited Security Warranty Policy will receive, at maximum, $0.60 per pound per item or $5 per sq ft for building or land damages, regardless of the scope of claimed damages, utility, or current fair market value. If you have a past-due balance, any offer for damages or losses will first be paid toward the past-due balance.

(v) Flex’s Right to Repossess Units and Dispose of User Items

Subject to applicable law, Flex shall have the right to repossess Units, including User Items contained therein, and withhold and/or dispose of some or all of the User Items if: (a) you do not pay any applicable rent or any other charges due under these Terms, (b) you abandon your User Items, or (c) under the scenarios outlined in the User Items section of these Terms. 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 are unsuccessful, Flex may, in its sole and complete discretion, consider your User Items to have been 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 connection with 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 $1,000.00. Any and all excess amounts will be considered forfeit to Flex if Flex is unable to contact you after a reasonable number of attempts.

Limited Warranty & Disclaimers

YOU ACCESS AND USE THE FLEX SERVICES AND ALL INFORMATION CONTAINED THEREIN AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND (EXCEPT FOR THE LIMITED SECURITY WARRANTY SET FORTH BELOW) AND FLEX HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLEX DOES NOT REPRESENT OR WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM FLEX WILL MEET YOUR EXPECTATIONS, (v) THE SERVICES AND/OR YOUR USE THEREOF COMPLIES WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, (vi) YOUR PERSONAL INFORMATION IS SECURE FROM THE CRIMINAL ACTS OF THIRD PARTIES, (vii) THE FLEX SOFTWARE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE, AND (viii) ANY ERRORS IN THE FLEX SOFTWARE WILL BE CORRECTED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, AND IN SUCH CASE THE LIABILITY OF THE FLEX PARTIES (AS DEFINED BELOW) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLEX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Flex agrees to provide you with a Limited Security Warranty regarding your User Items as set forth in the terms and conditions of our Limited Security Warranty Policy.  The Limited Security Warranty Policy is incorporated into, and constitutes a party of, these Terms. The User Items are not insured by Flex, and Flex does not sell insurance for any risk or purpose.

You represent and warrant that: (a) all information submitted by you to Flex is true, accurate, and up to date; (b) you have the unencumbered right to enter into these Terms and to grant the rights granted to the Flex Parties herein; and (c) if you are entering into these Terms on behalf of an entity, you are an authorized representative of the entity with the authority to bind the entity to these Terms and to  grant the rights granted to the Flex Parties herein.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, FLEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS AND AGENTS (COLLECTIVELY THE “FLEX PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF THE FLEX PARTIES HAVE BEEN ADVISED OF (OR SHOULD HAVE KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FLEX PARTIES EXCEED THE CAPS SET FORTH BELOW. THESE CAPS APPLY TO ALL CLAIMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY AND INCLUDES PERSONAL INJURY AND PROPERTY DAMAGE CLAIMS, WHETHER BROUGHT BY YOU OR YOUR AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, INVITEES, ASSIGNS, HEIRS, OR SUCCESSORS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE BELOW STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(i) CAP FOR LOSS OF OR DAMAGE TO USER ITEMS, VEHICLES, BUILDINGS, PERSONAL EFFECTS: THE FLEX PARTIES’ AGGREGATE LIABILITY SHALL BE CAPPED AT THE APPLICABLE AMOUNTS STATED IN THE FLEX LIMITED SECURITY WARRANTY POLICY.

(ii) CAP FOR ALL OTHER CLAIMS: THE FLEX PARTIES’ AGGREGATE LIABILITY SHALL BE CAPPED AT THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO FLEX PURSUANT TO THESE TERMS IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100 WHICHEVER IS GREATER.

YOU HAVE ENTERED INTO THESE TERMS ACKNOWLEDGING AND AGREEING THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION AND ELSEWHERE IN THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES, AND THAT SUCH PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 

THE FOREGOING LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER WHERE SUCH LIABILITY AND/OR RIGHTS CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATION MAY NOT APPLY TO YOU, AND IN SUCH CASE THE LIABILITY OF THE FLEX PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING PARAGRAPHS, THE FLEX PARTIES WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY RELATED TO, IN CONNECTION WITH, OR OTHERWISE ARISING OUT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR OTHER HARMFUL CODE OR COMPONENT, ANY LINE FAILURE, OR ANY PAUSE OR CESSATION OF SERVICES.

YOU ACKNOWLEDGE THAT THERE ARE CERTAIN PERILS INHERENT IN STORAGE AND MOVING SERVICES WHICH MAY RESULT IN LOSS OR DAMAGE TO YOUR USER ITEMS, INCLUDING WITHOUT LIMITATION, INSECT AND RODENT INFESTATION, EXTREME WEATHER, MOLD, MILDEW, RUST, LEAKAGE, MOISTURE OR WATER, CHANGES IN TEMPERATURE, HEAT, FUMIGATION, INHERENT VICE, NORMAL WEAR AND TEAR, STREET TRAFFIC, ROAD CLOSURES, CAR ACCIDENTS, BREAKDOWNS, ELEVATOR SERVICE FAILURE, AND FORCE MAJEURE EVENTS (AS DEFINED BELOW). YOU AGREE THAT FLEX SHALL HAVE NO LIABILITY TO YOU IF YOUR USER ITEMS ARE LOST OR DAMAGED AS A RESULT OF SUCH PERILS.

Force Majeure Events

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/EPIDEMIC; 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”).

SHOULD A FORCE MAJEURE EVENT OCCUR OR BE REASONABLY ANTICIPATED TO OCCUR, YOU GIVE YOUR CONSENT FOR FLEX, OR THIRD-PARTY CONTRACTORS WORKING ON FLEX’S BEHALF, TO SEIZE ANY UNITS STORED OUTSIDE OF A FLEX FACILITY AND TO TRANSPORT SAID UNITS AND USER ITEMS TO A FLEX FACILITY OR THIRD PARTY LOCATION, IN THE INTEREST OF PROTECTING FLEX’S UNITS AND THE USER ITEMS CONTAINED THEREIN. IF SUCH MEASURES ARE DEEMED NECESSARY BY FLEX, IN FLEX’S SOLE AND COMPLETE DISCRETION, YOU UNDERSTAND THAT NO SUCH PRIOR NOTIFICATION NEED BE SENT TO YOU BEFORE A UNIT CONTAINING YOUR USER ITEMS IS SEIZED, AND YOU AGREE THAT YOUR USER ITEMS WILL NOT BE UNLOADED FROM A UNIT PRIOR TO SUCH SEIZURE. YOU AGREE TO NOT PREVENT, BY FORCE OR OTHERWISE, SUCH A SEIZURE. 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 YOU, YOUR USER ITEMS, FLEX PROPERTY, FLEX EMPLOYEES, OR FLEX’S THIRD-PARTY CONTRACTORS OR FACILITIES. YOU HOLD HARMLESS FROM AND RELEASE FLEX OF ANY AND ALL LIABILITY FOR DAMAGES OR LOSSES INCURRED TO USER ITEMS (INCLUDING WITHOUT LIMITATION ANY INABILITY TO ACCESS YOUR USER ITEMS) AS A RESULT OF A FORCE MAJEURE EVENT.

Your Liability & Indemnification Obligations

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 all resulting losses or damages incurred by Flex Parties, and/or any third party; (b) all activities that occur under your Flex account; (c) maintaining the security and confidentiality of all Flex account credentials that are in your knowledge, control, or possession; and (d) any and all acts and/or 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 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: (i) any of Your Content and/or our use of Your Content as authorized by these Terms, (ii) your breach of or noncompliance with these Terms (including any terms and conditions, policies, and/or rules incorporated herein), and/or (iii) your violation of any applicable law, rule, or regulation, or the 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 thereof. You agree to cooperate fully in Flex’s defense and settlement of such Claims and Liabilities, at your own expense. Flex may settle any such Claims and Liabilities in its sole and complete discretion.

Copyright Infringement Claims

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 Flex 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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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 will also 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.

Governing Law & Venue

These Terms will be governed by and construed in accordance with the laws of the State of Florida, excluding its body of law controlling conflict of laws. Except for Claims (as defined below) subject to the arbitration provisions set forth below, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Miami, Florida, and each party irrevocably consents to the personal jurisdiction of and venue therein. 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 the Services or these Terms in any way. In the event of litigation, this provision may be filed to show a written consent to a trial by the court.

Arbitration

THIS ARBITRATION NOTICE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. THE SERVICE IS BEING MADE AVAILABLE AND PRICED BY FLEX ON THE BASIS OF YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION NOTICE. BY ENTERING INTO THESE TERMS, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN FILING A LAWSUIT IN ANY COURT. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW.

A. Mandatory Arbitration of Claims: You and Flex mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to the Services or the breach, termination, enforcement, interpretation, or validity of these Terms, including the determination of the scope or applicability of this agreement to arbitration, or to the use of the Services (hereinafter “Claim”) shall be settled by binding arbitration before a single arbitrator, excluding only those Claims expressly set forth in Section D below. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules (the “Rules”) in effect on the date the arbitration is filed. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and Flex, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of the Claims expressly set forth in Section D below, you and Flex hereby waive the right to assert any Claim in any court. As set out below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.

B. No Class Or Collective Actions: Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person or entity and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person or entity. Further, unless you and Flex both otherwise agree in writing, the arbitrator may not consolidate your Claim with that of any other person or entity, and may award relief only in favor of your individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. Except as provided in the preceding sentence, this arbitration provision will survive any termination of these Terms. Flex, its employees, officers, directors, agents, and affiliates are considered as one person. The arbitrator will be competent to determine the arbitrability of any Claim that is attempted to be joined or consolidated in arbitration with the Claim of any other person or entity or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person or entity.

C. Arbitration Fees: Each party will pay the costs and fees required to be paid by it under the Rules.  

D. Claims Not Subject To Arbitration:

(i) Either party may bring in small claims court those Claims that do not exceed the jurisdictional limits of the small claims court;

(ii) Flex may utilize the courts to remove you from the Unit and/or a facility owned, operated, or otherwise used by Flex;

(iii) Either party 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; and

(iv) Flex may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

E. Arbitration Procedures: A single arbitrator will resolve the Claim. Arbitration will be held online, unless the parties otherwise mutually agree on a physical location reasonably convenient for both parties. The arbitration will be conducted in English. The parties will mutually agree on the arbitrator; provided, however, that if the parties are unable to agree upon an arbitrator within seven (7) days of delivery of a Demand for Arbitration, then the arbitrator shall be selected by the AAA in accordance with these Terms and the Rules. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, but may not grant any form of relief identified in Section B above without the express written consent of both parties. Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing party. The arbitrator’s award will address all Claims properly brought before the arbitrator and will include the essential findings and conclusions upon which the arbitrator based the award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA. You may obtain copies of the current Rules, forms, and instructions for initiating an arbitration with AAA by contacting AAA online at www.adr.org. Where there is a conflict or inconsistency between the Rules and procedures and this arbitration provision, this arbitration provision will govern. Each party has the right, at their own expense, to be represented by a spokesperson of their own choosing.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned, in whole or in part, by us without your consent and without prior notice to you. Any attempted transfer or assignment in violation of the foregoing shall be null and void.

Electronic Contract

You agree that your order for the Services, whether made by clicking a “Confirm Appointment” button (or any similar button representing 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 between 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 physical 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.

Survival of Terms

All provisions of these Terms (including any Supplemental Terms, Privacy Policy, and other terms, conditions, and policies incorporated herein by reference) that are intended to survive the termination or expiration of these Terms shall so survive, including without limitation the provisions entitled Limited Warranty & Disclaimers, Limitation of Liability, Your Liability & Indemnification Obligations, Governing Law & Venue, Arbitration, and Survival of Terms.

Service Members Civil Relief Act

If you are currently in the Military Service of the United States Government or someone who is supported by someone currently in the Military Service of the United States Government, you must notify us of that in writing. Absent such notification, you hereby certify that you are not currently in the Military Service of the United States Government, nor are you supported by anyone currently in the Military Service of the United States Government and expressly waive the requirements of Flex to produce an affidavit to this effect in any legal proceeding. If your status under this paragraph changes, you must notify Flex in writing of said change. Flex will rely on this information to determine the applicability of the Service Members Civil Relief Act.

Miscellaneous

(i) California Residents: 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.

(ii) Drafting: 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.

(iii) Business Failure: 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 return will occur. Flex will not be liable for any failure to return User Items in the event of a business failure.

(iv) Third-Party Beneficiaries: Each of the Flex Parties shall be third party beneficiaries to these Terms and shall be entitled to directly rely on and enforce any provisions of these Terms which confer a benefit on or rights in favor of the Flex Parties.

(v) No Waiver: No failure or delay of Flex to exercise or enforce any right, remedy or privilege shall constitute or result in any loss or waiver of that, or any other Flex right, remedy, or privilege, in whole or in part.

(vi) Savings Clause: If any part of these Terms is determined to be invalid or unenforceable under applicable law, including without limitation the warranty disclaimers. liability limitations, and arbitration requirements 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 force and effect.

(vii) Reservation of Rights: Any rights or licenses not expressly granted in these Terms are reserved by Flex.