Below are the terms and conditions (the "Terms" or "TOS") that govern all use of www.catalogcloset.com and all of Catalog Closet’s services. Both Catalog Closet and you, as the customer, are bound by the terms of this Agreement.
Throughout this Agreement, we will be referring a lot to all your stuff that you store with Catalog Closet ("Your Stuff"). We will also be referring to the items you store in the Bin(s) and or Closet(s) provided to you as “your Bin(s) and or Closet(s).”
In order to sign up for service with Catalog Closet, customers must be real live natural persons over the age of eighteen (18) years and you can't be using Catalog Closet for someone else. You must be the owner of all property that you store with us. No one else can have an ownership interest in the property. In executing this Agreement you represent that you are the sole owner of the property to be stored with us.
MILITARY SERVICE STATUS
It's very important that we have a record if you are in the Military, because there are special procedures applicable to storage for active duty service personnel. Here, "Military" means (i) a member of the US Army, US Navy, US Air Force, US Marine Corps, or US Coast Guard who is on active duty status (including reservists who are called on active duty) or who is absent from duty as a result of being wounded or being granted leave, (ii) a member of the National Guard who has received a specific type of activation orders, or (iii) an active service commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration.
If you are in the Military, you must immediately notify Catalog Closet of changes in your Military status or assignment resulting in changes to your email address, mailing address, phone number or other contact information you previously provided to Catalog Closet. If you are not currently in the Military, but become a member of the Military after executing this Agreement, you must notify Catalog Closet in writing within thirty (30) days of becoming a member of the Military and provide your new/updated contact information.
Catalog Closet is a local service, and the way that we pick up, store, and deliver Your Stuff will depend on the locations where we pick up Your Stuff (your “Service Location(s)”) and the locations where we deliver it back. Your Service Location(s) is determined by the US Postal code of the address where we pick up your stuff, according to our list of Service Locations.
The services offered and operating hours may vary by Service Location(s) at the sole discretion of Catalog Closet. In addition, Catalog Closet may contract with a 3rd party to offer some of its services on behalf of Catalog Closet in certain Service Location(s). You may not request a delivery of Your Stuff to a location that is not in your Service Location(s). Catalog Closet, at its sole discretion, may facilitate the delivery of Your Stuff to a different Service Location at pricing to be determined by Catalog Closet and approved by you prior to delivery. You understand and agree that Catalog Closet is under no obligation to store Your Stuff in a specific location.
OUR WEBSITE AND WEB APPS
All content included on Catalog Closet (and the software that runs it) is the property of Catalog Closet or Catalog Closet'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 (everything) 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 Catalog Closet without the express prior written consent of the respective owners.
We grant you a limited nonexclusive, non-transferable, non-sublicensable right solely to display and view content on Catalog Closet for personal, non-commercial use.
THINGS YOU CAN'T DO TO/WITH CATALOG CLOSET
No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can't copy or monitor Catalog Closet, or bypass or circumvent Catalog Closet's navigation or structural presentation.
You agree you won't try to hack our systems, like trying to gain unauthorized access to any part of Catalog Closet, or to any other systems or networks connected to Catalog Closet or to any Catalog Closet server. This includes hacking, phishing, cracking, or any other illegitimate means.
You agree you won't try to scan or test the vulnerability of Catalog Closet, try to breach our security or authentication measures, or generally try to bypass our security.
You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing (you dun goofed), reverse look-up, or other mechanism to obtain information on any other user of or visitor to Catalog Closet.
You promise not to do anything that could impose an unreasonable or disproportionately large load on Catalog Closet or the systems it is connected to and runs on.
Lastly, no manipulation of raw TCP/UDP streams or other shenanigans at the bit level. No forging headers. No attempts to disguise the origins of messages or packets. No calling our headquarters and pretending to be someone else.
Catalog Closet reserves the right to bar any such activity.
WHAT HAPPENS IF RULES ARE NOT FOLLOWED
Catalog Closet may terminate your Catalog Closet account at any time, with or without cause. If we terminate your account without cause, such termination will be subject to 30 days advance written notice (unless you waive your rights to such notice). In these circumstances, we will refund any pre-paid monthly fees and arrange for delivery of your items back to you at our expense.
CANCELLING YOUR ACCOUNT
You can terminate your account at any time by visiting your account settings page or by contacting Catalog Closet support. (Any fees for delivery or a minimum storage term will still apply). You must arrange for and pay the costs (as set out in this Agreement) of getting Your Stuff back to you. You must continue to pay us your full storage charge each month until all of Your Stuff has been returned to you. We hope you don't cancel, but if you do, cancel towards the end of your monthly Billing Cycle and make sure all your items are gone by the last day of your monthly Billing Cycle (i.e., the day before your monthly anniversary storing with Catalog Closet).
YOUR RESPONSIBILITIES, OUR RIGHTS, AND LIMITATIONS ON LIABILITY
We have rules about what you may or may not store as part of Your Stuff. Those Storage Rules are part of the Agreement. If you are found to be in violation of the Storage Rules, you will be in breach of this Agreement. Catalog Closet may refuse to store any Bin(s) and or Closet(s) at the sole discretion of Catalog Closet, even if that Bin(s) and or Closet(s) is not expressly forbidden by the Storage Rules. It is prohibited, not to place into a Bin(s) and or Closet(s) any official personal documents (such as passports, driver licenses, green cards, visas, birth or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, social security number, mortgage number, or a bank account number. This is not an exclusive list of personally identifiable information. By executing this Agreement, you understand and agree that if you do so we will return your bin(s) to you for removal of documents. Once documents have been removed we will return you bin(s) back to our facility for storage.
Our Storage Rules specifically mention the storage of fragile items. Regardless of how well we pack a Bin(s) and or Closet(s), it will be moved around. As such, you should not store fragile items in the Bin(s) and or Closet(s). However, we will not consider the storage of fragile items to be a breach of this agreement, but only if you understand and agree that if you go ahead and store fragile items in a Bin(s) and or Closet(s), you waive all rights and claims against Catalog Closet should your fragile stuff break, tear or other be damaged.
PACKING YOUR STUFF
Unless you elect to use our packing services, you are responsible for safely and securely packing your items into each Bin(s) and or Closet(s). This includes packing your items so that they will not be damaged during transit and storage. You understand that the Bin(s) and or Closet(s) 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(s) and or Closet(s), you are making the statement (i.e., you "represent and warrant") that the Bin(s) and or Closet(s) has been packed appropriately. You agree that Catalog Closet is not responsible for any damage caused by or arising from your failure to properly pack the Bin(s) and or Closet(s).
We strongly recommend that you not pack more than 50 pounds of your items into any single Bin(s) and or Closet(s). We reserve the right to refuse to accept any Bin(s) and or Closet(s) that we reasonably believe weighs more than 50 pounds, exclusive of the weight of the Bin(s) and or Closet(s) itself. If you elect to use our packing services, we are responsible for safely and securely packing your items. Catalog Closet (or Catalog Closet’s insurer) will be liable to you for any damage caused or arising from a failure to properly pack a Bin(s) and or Closet(s). However, any such liability will be limited to the per-Bin(s) and or Closet(s) and aggregate amounts otherwise applicable to loss or damage of Your Stuff.
BEING PRESENT AT APPOINTMENTS
It is your responsibility to be home (or at the designated location of your appointment) to give us or receive Your Stuff when you request a Catalog Closet appointment (in any form). Fees for late appointment cancellations and no shows are defined in the FAQ’s.
CHANGE OF ADDRESS
In the event your e-mail address or residence address changes, you must promptly notify Catalog Closet. Catalog Closet is not responsible if you don't receive a notice from us because your address changed and you did not notify the Catalog Closet staff.
RIGHT TO ENTER, INSPECT AND MOVE YOUR STUFF
Catalog Closet takes photos of or index Your Stuff meaning Catalog Closet will need to open up your Bin(s) and or Closet(s) to do so. Other than providing that service, Catalog Closet does not intend on accessing any of your Bin(s) and or Closet(s) after they are closed. However, Catalog Closet reserves the right to open and inspect any Bin(s) and or Closet(s) in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under this Agreement. Should Catalog Closet 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) and or Closet(s), allow your Bin(s) and or Closet(s) to be searched, and, if applicable, the contents to be seized. Should Catalog Closet receive a subpoena, or a law officer or governmental agency requests documents or information about Your Stuff, you agree that we may provide such information or documents without incurring liability to you.
After picking up Your Stuff, we will store Your Stuff at a Catalog Closet facility; however, you acknowledge and agree that at any time while you are storing Your Stuff with Catalog Closet, we shall have the right, at our sole discretion, to move Your Stuff to another one of our facilities in the continental United States. Any decision by Catalog Closet to move Your Stuff will not affect your financial obligations to us during the course of your time storing with Catalog Closet.
TEMPERATURE & CLIMATE CONTROL
We will use commercially reasonable efforts to maintain the temperature of the facility in which your Bin(s) and or Closet(s) are stored between 55°F and 90°F. Other than temperature, Your Stuff will not be stored in a climate-controlled environment. The air flow, moisture level, and heat will not be regulated. We will take all commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, because Your Stuff 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.
Absent a court order or Bin(s) and or Closet(s) arbitration ruling, Catalog Closet will not release any of Your Stuff to someone else that claims they own it. However, Catalog Closet will not "take sides" in a property dispute. If anyone approaches Catalog Closet directly with a claim that they are the true owner of some or all of Your Stuff, 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 Stuff must agree to indemnify Catalog Closet 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 Catalog Closet 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, Catalog Closet 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.
WHAT HAPPENS WHEN STUFF BREAKS
By executing this Agreement and using Catalog Closet, you are agreeing that in the event that Your Stuff breaks or go missing, Catalog Closet’s liability for each Bin(s) and or Closet(s) will be limited to $250, and Catalog Closet’s total liability will be limited in the aggregate to $2,000 for all Bin(s) and or Closet(s) stored with Catalog Closet (the “Aggregate Limit”). If you wish to increase the limitation of liability on Your Stuff, please call us for availability and pricing.
If you store stuff in Catalog Closet worth more than the per-Bin(s) and or Closet(s) and Aggregate Limit, you do so at your own risk. (You are free to buy your own insurance, and should check because your existing homeowner’s or renter’s insurance may cover the damage. If you pay for Catalog Closet using certain credit cards, you may also be entitled to supplemental benefits from insurance or other protection programs from your credit card company, and so you should call them to check as well).
In the unfortunate event that something breaks or goes missing, Catalog Closet has a claims process. In the case of a damaged item, Catalog Closet will work with you (and you have to help Catalog Closet) to collect information about the damage. The process generally takes about five business days from the time we’ve collected all the information (and can add an additional 5-10 business days if the damage occurred while Your Stuff was in the care of a third-party like UPS). Once we’ve been able to assess on our end, we will notify you, and make arrangements to credit your account, refund you, or replace the item (depending on the circumstances).
In the case of a missing item, Catalog Closet first undergoes an extensive search of our records to see if we can locate Your Stuff, and often will need your cooperation to do so. If we cannot find Your Stuff, we will engage a similar process to what happens if Your Stuff breaks or is damaged.
LIMITATION OF CATALOG CLOSET'S LIABILITY; INDEMNITY
To the fullest extent permitted by law, Catalog Closet 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, Catalog Closet's and/or its agent's active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Catalog Closet's fault. Further, Catalog Closet will have no liability to you for damages caused by an act of god, including a hurricane.
INSURANCE; SOLE RECOURSE
When Catalog Closet’s employees or agents are in your home, office, or other location packing or picking up Your Stuff, Catalog Closet agrees that you will be considered an “additional insured” under Catalog Closet’s insurance. You agree that Catalog Closet will have no additional liability to you for any reason (other than gross negligence or intentional misconduct) arising out of the activities or omissions of its employees or agents. You understand that your sole recourse for any such damage or loss incurred during a packing or pickup will be to seek coverage as an additional insured. Catalog Closet can confirm insurance coverage upon request to a Customer Agent.
CATALOG CLOSET'S LIABILITY FOR A WRONGFUL SALE
Our relationship is one of owner and occupant.
If, as a result of your actions or inaction, Catalog Closet believes it is entitled to enforce its lien on Your Stuff and does so, Catalog Closet’s liability for wrongful sale as a result of enforcing that lien is limited to the same per-Bin(s) and or Closet(s) and Aggregate Limit as would apply if Your Stuff had broken or gone missing.
To the fullest extent permitted by law, you shall indemnify and hold Catalog Closet and its agents harmless from any loss incurred by Catalog Closet and its agents in any way arising out of Your Stuff and your use of Catalog Closet.
We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limit of Catalog Closet’s liability (or when Catalog Closet is not liable) is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in Catalog Closet, and if you do not do so, you understand that Catalog Closet will not be liable beyond the amounts and conditions in these Terms.
WAIVER OF SUBROGATION
Any insurance carried by us or you 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.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL CATALOG CLOSET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (IN THE AGGREGATE) (A) $100.00 OR (B) THE CURRENT VALUE (COST) OF ITEMS DAMAGED OR LOST, CAPPED AT OUR PER-BIN(S) AND OR CLOSET(S) LIABILITY MULTIPLIED BY THE NUMBER OF YOUR BIN(S) AND OR CLOSET(S) INVOLVED. THESE LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PAYING FOR OUR SERVICES
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 Catalog Closet. Monthly rent must be paid in advance on the first day we pick up Your Stuff, and monthly thereafter, or you'll be subject to a Delinquency Fee. Monthly rent must be paid in full, without any deductions, without prior notice or prompting from us. The monthly rent amount you must pay is the sum of the full amounts set out in the Closet Options pricing that apply to Your Stuff, plus any applicable sales and other taxes imposed by any taxing authority.
Your monthly "Billing Cycle" is based on the date we pick up Your Stuff. So for example, if we pick up Your Stuff on the 5th of the month, your "second month" begins on the 5th of the next month. Each Billing Cycle after that would likewise begin on the monthly "anniversary" of your first pickup. If make changes to Your Stuff during any Billing Cycle, we will adjust your monthly rent for that Billing Cycle on a pro rata basis for the day(s) your Bin(s) and or Closet(s) was in our possession. This means, for example, if you add a Bin(s) and or Closet(s) halfway through the monthly Billing Cycle, you would pay one half the current monthly rent for that Bin(s) and or Closet(s) in the next Billing Cycle.
Conversely, when you remove any Bin(s) and or Closet(s) part-way through a Billing Cycle, you will no longer be charged monthly rent for that Bin(s) and or Closet(s) from the next Billing Cycle onward, unless the Bin(s) and or Closet(s) has been stored for fewer than three months. However, it also means that you will not get a credit or partial refund of prepaid monthly rent when removing a Bin(s) and or Closet(s) part way through that Billing Cycle.
Each Bin(s) and or Closet(s) has a 3-month minimum commitment, and your first three months of rent are non-refundable. Under no circumstance will you be entitled to a refund of the first three months' rent, which will be paid in three monthly installments starting upon the initial pick up of Your Stuff. The monthly rent, amounts and type of other fees and/or charges, may be adjusted by Catalog Closet effective the month following notice by Catalog Closet 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. (This basically means we can make changes if we give you a 30 day heads up.) 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.
Catalog Closet, 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 through your settings 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, 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. You agree that Catalog Closet will keep your credit or debit card on file and if your card cannot be charged, we will immediately reach out to you to let you know. However, if payment is not received by you within 15 days, Catalog Closet will charge you $10, and add a $10 charge to any subsequent invoice until payment has been made.
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 make up for you being late and legally it does not "cure your default or waive or stop us from pursuing our remedies discussed in this Agreement and at law." A partial payment will not release your Bin(s) and or Closet(s) from any failure to pay ("default") under this Agreement. Remember: You will not be able to access your Bin(s) and or Closet(s) when you are in default. Please be very careful about letting us know if you lose your card or your credit card number changes.
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(s) and or Closet(s) if you fail to pay rent by the due date.
CATALOG CLOSET'S LIEN; DEFAULT
CATALOG CLOSET HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU IN THE BIN(S) AND OR CLOSET(S) 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 APPLICABLE LAW. CATALOG CLOSET MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU IN THE BIN(S) AND OR CLOSET(S) AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. CATALOG CLOSET WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE.
CHANGES TO OUR POLICIES
TERMS THAT SURVIVE
Some parts of these Terms will continue to operate even after your account is terminated. All provisions of these Terms that by their nature could reasonably survive termination, shall survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability.
The failure by you or Catalog Closet to exercise any right under the Terms shall not form the basis for a waiver of that right.
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.
Your rights under our Policies are not assignable, transferable or sublicensable without Catalog Closet's prior written consent. Catalog Closet may transfer, assign or delegate its rights and obligations under our Terms without your consent.
CHOICE OF LAW; JURISDICTION
This Agreement and our relationship will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of laws provisions or your actual state or country of residence. Subject to the arbitration clause immediately below, any claims, legal proceeding or litigation arising in connection with this Agreement, our relationship, or our services must be brought in a court of competent jurisdiction located in the State of Maryland, and you consent to the jurisdiction of such courts. This is a very important part of this Agreement. By executing this Agreement, you agree to the choice of law and jurisdiction discussed above. If you do not wish to be bound by this clause, do not execute this Agreement.
For all relief other than equitable or injunctive relief, any dispute arising with respect to your use of Catalog Closet shall be settled by arbitration in accordance with the rules and procedures of a designated arbitration and mediation service chosen by Catalog Closet.
The arbitrator shall be selected by joint Agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with set chosen service by Catalog Closet, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Upper Marlboro, Maryland, using the English language.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000 the party requesting relief may elect non-appearance-based arbitration with the chosen arbitration and mediation service. In such event, the arbitration shall be conducted by telephone or by videoconference; the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties; and any judgment on the award rendered by the arbitrator must be entered in a court of competent jurisdiction located in the State of Maryland.
This clause is a very important part of this Agreement. By executing this Agreement, you agree to the arbitration requirement. If you do not wish to be bound by this clause, do not execute this Agreement.