Terms of Service

Thank you for using EZBin Storage. Our goal is to make storage as stress free as possible. In order to accomplish this, there are some ground rules we have to cover. This document is intended to set out the terms and conditions (the “Terms”) that govern all use of www.EZBinstorage.com and EZBin Storage services.

Please read this agreement carefully as both you and EZBin Storage LLC. are bound by the terms of this Agreement. Our Storage and Online Services are available to you only if you accept all policies comprised in this Agreement.

Definitions

Here are some quick definitions before we start to make things easier:

  1. “Agreement” – The “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in it (the “Terms of Service”) and all other operating rules, policies (including, without limitation, the Storage Rules, Privacy Policy.
  2. “User” – The User,” “You,” and “Your” refer to the individual person that has visited or is using the Website and/or Service and is entering into this Agreement with us. A User may also be a “Subscriber:” a User who subscribes to and participates in EZBin’s services.
  3. “Storage Service” – The “Storage Service” refers to the pickup, transport, storage, and delivery services provided by EZBin Storage LLC.
  4. The “Online Service” refers to the applications, software, products, and services provided by EZBin Storage.
  5. “Bin” – By “Bin” we mean any individual box or bin that we are storing for you.
  6. “Your things” – When we talk about “Your Things” we are referring to all of the items you have stored with EZBin Storage.
  7. “EZBin Storage” refers to all services provided by EZBin Storage LLC including storage, pickup, delivery, website activity, etc.

Schedule Of Monthly Charges

You will be charged the following fees:

  • Monthly Rent per Bin: $5.00
  • New Account Administration Fee: FREE
  • Empty Bin drop off and packed bin pickup fee: FREE
  • Delivery charge fee: $20.00 (You get one free delivery credit after 3 months of consecutive storage)
  • Unreturned Bin Purchase fee (per Bin): $25.00
  • Empty Bin Pick Up Fee – After the initial bin drop off, if you decide to cancel your storage with us we charge a $20 fee to pick up the unused bins.

Delinquency & Lien charges and penalties:

  • One-time delinquent account admin fee (levied on 14th day past due): $10.00
  • Monthly delinquent account admin fee (levied from 30th day past due onward): $10.00
  • No show at delivery or pickup appointment: $30.00
  • Lien Fee 1 (after 31 Days) (Whether or not Sale Occurs): $25.00
  • Lien Fee 2 (after 60 Days) (Whether or not Sale Occurs): $50.00
  • Lien Sale/Auction Administration Fee: $100.00

Important Legal Notice: The monthly occupancy charge and other charges stated in this Agreement are the actual charges you must pay.

Term and Rent

The period of time that this Agreement is in effect is called the “term.” The term begins when you sign or accept this Agreement and will continue on a month-to-month basis until terminated.

You shall pay rent monthly to EZBin Storage LLC. Monthly rent must be paid in advance on the first day we pick up Your Things, and monthly thereafter, or you’ll be subject to a late charge. Full monthly rent will be billed to your card on file, without any deductions, without prior notice or prompting from us (i.e. EZBin Storage is not required to send you an invoice or a billing statement). The monthly rent amount that you will be billed is the sum of the full amounts set out in the Schedule of Monthly Charges that apply to Your Things, plus any applicable sales and other taxes imposed by any taxing authority. A breakdown of monthly fees and charges are available to you in your user account.

Your monthly “Billing Cycle” begins the day we pickup your items or 7 days after you sign up on the website or via customer support, whichever comes first. This will also be your anniversary date.

There is no pro-rating your monthly charges. 

The rent for any storage is non-refundable. This means that under no circumstance will you be entitled to a refund of the rent.

When you remove any Bin partway through a Billing Cycle, you will no longer be charged monthly rent for that Bin from the next Billing Cycle onward. Please note that you will not receive a credit or partial refund of prepaid monthly rent when removing a Bin part way through that Billing Cycle.

The monthly rent, amounts and type of other fees and/or charges, as well as any other term of this Agreement, may be adjusted by EZBin Storage effective the month following notice by EZBin Storage to you specifying the adjustment. Such notice will be given to you at least thirty (30) days prior to the first day on which the adjustment will be effective. Any such adjustment will not otherwise affect other terms of this Agreement and all other terms of this Agreement shall remain in full force and effect.

You are required to make all rental payments and other payments in a timely manner. Rent is due on or before the first day of your Billing Cycle, according to this Agreement. If you end up late on your payments, we may accept a partial payment of the rent or other outstanding fee. However, our acceptance of a partial payment does not mean you are not in default nor does it stop us from pursuing our remedies discussed in this Agreement. A partial payment will not release your Bins from any failure to pay (“default”) under this Agreement. You will not be able to access your Bins when you are in default.

It is your responsibility to be home to receive Your Things when you request EZBin to return some or all of Your Things to you. Fees for late delivery appointment cancellations and no shows are defined above.

Compliance With Laws

You are responsible for complying with local, state, and federal laws, rules, and regulations regarding storage of items, as well as all EZBin policies. You represent and warrant that: (i) you have the authority to, and are of legal age to, bind yourself to this Agreement; (ii) your use of the Storage Service will be solely for purposes that are permitted by this Agreement; and (iii) your use of the Storage Service will comply with all local, state and federal laws, rules, and regulations, and with all other EZBin policies.

Property Disputes

Absent a court order or binding arbitration ruling, EZBin will not release any of Your Things to someone else that claims they own it. However, EZBin will not “take sides” in a property dispute. If anyone approaches EZBin directly with a claim that they are the true owner of some or all of Your Things, we will provide them with a form to fill out under penalty of perjury that sets out their claim. As part submitting that form, the person claiming ownership of some or all of Your Things must agree to indemnify EZBin and you for all costs that result from their claim if it is wrong, and they must agree to offer you the option to arbitrate (without EZBin as a party) to resolve the claim, with the loser to pay the winner’s attorney’s fees and costs.

If they agree to these terms, we will provide you a copy of their summary of their claim, along with a form for you to respond to dispute their claims. If you dispute the claims, EZBin will take no further action — the matter is yours to resolve (although you will now have the option of a loser-pays arbitration). You have 30 days to dispute the claim of ownership. If you do not respond, we will return the disputed property to you, and notify the person claiming ownership that we have done so. By executing this Agreement, you are agreeing that we can bill you for the costs (including internal staff costs) of returning the disputed property. You also agree that you will not be entitled to any pro-rata refund of monthly rent, and that the three-month rental minimum will still apply.

Paying For Your Bins

EZBin, or another company that we rely on, will save your credit card or debit card information and will use it for any future charges. If you want us to stop billing that card, you need to notify us via email or phone call by providing us with details of a replacement card. We currently only accept the following payment methods for all one-time and recurring charges: American Express, Visa, MasterCard, and Discover. However, we reserve the right to require payment by cash, bank check, or certified check should your account balance go past due. If we are unable to bill your card, we’ll send you a notice and try again in a few days. Late fees will be charged as soon as the event of late payment or delinquency occurs or as otherwise explained in the pricing and fee table at the start of these Terms. In the event there is an erroneous charge back on a payment you make with your credit or debit card, we will charge you a fee of $35.

Packing Your Bin

A EZBin team member cannot pack your Bin. You are responsible to safely and securely pack your items into each Bin. This includes packing your items so that they will not be damaged during transit and storage. You understand that the Bin will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up a Bin, you represent and warrant that the Bin has been packed appropriately. You agree that EZBin is not responsible for any damage caused by or arising from your failure to properly pack the Bin. In addition, we reserve the right to refuse any Bin that we reasonably believe weighs over 50lbs, exclusive of the actual weight of the Bin.

Right To Enter And Inspect Your Things

EZBin does not intend on accessing any of your Bins after they are sealed. However, EZBin reserves the right to open and inspect any Bin in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under this Agreement. Should EZBin receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from the relevant Bin(s), allow your Bin(s) to be searched, and, if applicable, the contents to be seized. Should EZBin receive a subpoena, or a law officer or governmental agency requests documents or information about Your Things, you agree that we may provide such information or documents without incurring liability to you.

Canceling Your Account

You can terminate your account at any time by your account settings page or by contacting EZBin support. You must arrange for and pay the costs (as set out in this Agreement) of getting Your Things back to you. You must continue to pay us your full storage charge each month until all of Your Things have been returned to you.

Changes To Our Policies

We may modify, adjust, or change our Storage Rules, these Terms, and our Privacy Policy at any time upon 30 days notice to you. The change will become effective the month following the notice. If we do change, adjust or modify our Storage Rules, these Terms or our Privacy Policy, we will send you a notice by email, postal mail, or SMS. It is your obligation to review the notice. Your continued use of EZBin will constitute an acceptance of the change.

Prohibited Uses

You may not store in any Bin:

  1. Living things;
  2. Firearms;
  3. Explosives;
  4. Flammables of any kind (gas, diesel, kerosene, oil, paint, etc.);
  5. Drugs or drug paraphernalia;
  6. Food or other perishable good;
  7. Glass or any liquid items;
  8. Stolen items or counterfeit goods;
  9. Illegal items;
  10. Hazardous items of any kind;
  11. Hazardous or toxic waste material of any kind;
  12. Items that produce odors of any kind; or
  13. Any item which does (or may) detrimentally affect anything that is outside of your Bin (such as the Bins of other users, the storage facility, etc.).
  14. Personal property which would result in the violation of any law or regulation of any governmental authority

Do not store official documents or items containing personally identifiable information in a Bin. To the fullest extent permitted by law, you waive all rights and claims against EZBin arising in any way from storing these things with Your Things. In addition, you should not store fragile items in a Bin. By executing this Agreement, you understand and agree that if you go ahead and store fragile items in a Bin, you waive all rights and claims against EZBin should your fragile items get damaged or break.

Temperature & Climate

We will take all commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, because Your Things will not be stored in a completely climate-controlled environment, we cannot guarantee that mold or similar microorganisms may not develop on your property. We are not liable for the natural growth of mold, or mildew or similar microorganisms on your property. You assume the risk that mold or similar microorganisms could develop under these circumstances. Further, you acknowledge and agree that the storage containers provided by EZBin and premises where they will be located are not suitable for the storage of heirlooms or precious, invaluable or irreplaceable property such as, but not limited to, books, records, writings, contracts, documents, personalized or other DVDs or videos, works of art, objects for which no immediate resale market exists, objects which are claimed to have special or emotional value and records or receipts relating to the stored goods. You agree not to store any such items. Should you store such items, you assume the risk that they could be damaged by the environmental conditions existing at the premises where they are stored and waive all rights and claims against EZBin for any damage arising from environmental conditions.

Default; Denial Of Access

If you fail to pay rent or other fees on time, it means you are in “default” under this Agreement. You may (at our sole discretion) be denied access to the Bin if you fail to pay rent by the due date.

EZBin’s Lien; Default

EZBin HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU IN THE BIN FOR OUTSTANDING RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION AS PERMITTED BY COLORADO LAW. EZBin MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU IN THE BIN AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. EZBin WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE.

Value Of Your Property

You represent and warrant that each Bin rented by you contains property with a total value of $250 or less, with an aggregate limit comprising of all of Your Things of $2,000 (the “Aggregate Limit”). In the event of any loss, damage, or destruction of Subscriber Property caused by EZBin’s breach of any obligation to Subscriber, EZBin’s liability will be limited to direct damages in the amount of the cost (fair market value) of the Subscriber Property, up to U.S. $250 per Bin or U.S. $2,000 for Your Things.

Insurance

We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limit of EZBin’s liability (or when EZBin is not liable) is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in EZBin, and if you do not do so, you understand that EZBin will not be liable beyond the amounts and conditions in these Terms.

Limitation Of EZBin’s Liability; Indemnity

To the fullest extent permitted by law, EZBin and its agents will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to property or injury to persons from any cause, including without limitation, EZBin’s and/or its agent’s active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by EZBin’s fault. Further, EZBin will have no liability to you for damages caused by an act of god, including a hurricane, flooding, tornado etc. .

Indemnification

To the fullest extent permitted by law, you shall indemnify and hold EZBin and its agents harmless from and against all losses, liabilities, costs, expenses, attorneys’ fees, fines, damages, claims demands, causes of action and lawsuits of any kind whatsoever in any way arising from, or as a result of, or in connection with Your Things and your use of EZBin, including, without limitation, as a result of any of Your breach of Your obligations pursuant to this Agreement.

Waiver Of Subrogation

Any insurance carried by you or us is for the sole benefit of the party carrying the insurance. Each party waives its right to make any claim against the other for loss or damage in the event of casualty and will cause its respective insurance policies to be endorsed so as to waive that right of their respective insurers. You expressly agree that the carrier of any insurance obtained by you shall not be subrogated to any claim of you against us. This clause is a specific bargained for condition of this Agreement and we would not have entered into this Agreement without it.

Change Of Address

In the event your e-mail address or residence address changes, you must promptly notify us. We are not responsible if you don’t receive a notice from us because your address changed and you did not notify us.

Our Website

All content included on EZBinstorage.com (and the software that runs it) is the property of EZBin or EZBin’s licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content. We own or license all content on our website including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not use (in any fashion, where use is interpreted as broadly as possible) content on EZBinstorage.com without the express prior written consent of the respective owners.

We grant you a limited nonexclusive, non-transferable, non-sub licensable right solely to display and view content on EZBin for personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.

Termination

We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective upon written notice to you.

  1. If we terminate the Agreement, we will arrange for any of your Bins or other property that we still hold to be delivered to you. This delivery will be at our expense, unless termination is due to your breach of this Agreement, in which case you are responsible for costs.
  2. If we determine that your activity poses a threat to EZBin, we may terminate your account without written notice to you.
  3. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Waivers

The failure by you or EZBin to exercise any right under the Terms shall not form the basis for a waiver of that right.

Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder shall otherwise remain in full force and effect and enforceable.

Transfer

Your rights under our Policies are not assignable, transferable or sub licensable without EZBin’s prior written consent. EZBin may transfer, assign or delegate its rights and obligations under our Terms without your consent.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of the state of Utah. You consent to the exclusive jurisdiction of the state or federal courts located in Provo, Utah for any dispute arising out of this Agreement. You waive any objection to the jurisdiction and venue of such courts. This exclusive choice of jurisdiction does not preclude you or EZBin from bringing an action to enforce any judgment or judicial order in any other jurisdiction.

Arbitration

Any good faith dispute or controversy arising under or in connection with this Agreement, including any claims or controversies which could be brought under any federal, state or local law which governs EZBin, shall be settled by binding arbitration, the cost of which will be shared equally between EZBin and you. The prevailing party in any dispute will be entitled to recover from the losing party its costs (including costs of collection, reasonable attorneys’ fees, and investigative fees). Any such arbitration proceeding shall be conducted by final and binding arbitration before a panel of one (1) arbitrator in accordance with the rules of and under the administration of the AAA , such arbitration hearing shall be held in Provo, Utah or in any other location mutually agreed upon by you and EZBin.

Disclaimer Of Warranties

We provide our service as is, and we make no promises or guarantees about this service.

  1. EZBin warrants that the Storage Service will be provided in a professional and workmanlike manner by personnel trained with respect to that Service. Except as provided in this section, EZBin makes no representations or warranties of any kind. EZBin expressly disclaims all warranties, whether express, implied or statutory, regarding the Storage Service including without limitation any warranty of merchantability or fitness for a particular purpose.
  2. Without limiting the foregoing, neither EZBin nor its suppliers and licensors make any warranty or representation that the information they provide or that is provided through the Online Service is accurate, reliable or correct; that the Online Service will meet your requirements; that the Online Service will be available at any particular time or location; that the Online Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Online Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Online Service.
  3. EZBin hereby disclaims any implied or express warranties, guarantees, representations of the nature, condition, safety or security of the Unit and the Facility, including any warranties of merchantability or fitness for a particular use or purpose. You hereby acknowledge and agree that EZBin does not represent or guarantee the safety or security of the Unit or the Facility or of any property stored therein and this Agreement does not create any contractual duty for EZBin to create or maintain such safety or security. You further acknowledge and understands that EZBin makes no assurances or guarantees regarding the time of pick-up or delivery of any Unit. EZBin does not make any representations or warranties that any Fuel Subsidy Charge (if applicable) or any other similar charge charged to You equals its excess fuel costs or that it will not profit from such charge.
  4. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Rules And Regulations

EZBin’s Storage Rules set forth below are made a part of this Agreement and you shall comply at all times with such rules. EZBin has the right from time to time to change the rules.

Entire Agreement

This Agreement and any written amendments or addenda executed at the same time as this Agreement, and any notices provided under this Agreement by EZBin, set forth the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior Agreements, representations, and understandings, oral or written, with respect thereto. With the exception of the Storage Rules and our Privacy Policy, as noted herein, there are no representations, warranties, or agreements by or between the parties which are not fully set forth herein and no representative of EZBin or its agent is authorized to make any representations, warranties, or Agreements other than as expressly set forth herein. Except as otherwise provided herein, all modifications must be in a writing signed by both parties.

Effective October 1, 2016