This Agreement (the "Agreement") is made between A-1 Stor-All, Inc. ("A-1"), a Wisconsin Corporation and you the user ("User"). A-1 operates a1storall.com and other related web, telephone, Internet and other associated services (collectively, the "Sites") and provides goods and/or services for use or purchase by User (collectively, "Services"). This Agreement sets forth the legal terms and conditions for User's use of Sites and for User's purchase and/or use of Services.
User's use of Sites and all information, data, text, software, information, images, sounds or other materials (collectively, the "Content") contained therein, or User's use or purchase of any Services confirms User's acceptance of this Agreement.
A-1 reserves the right at any time to change the terms and conditions of this Agreement. Any changes to this Agreement will be effective immediately upon notice, which may be provided to User via e-mail or by modifying this agreement on the Sites (hereinafter, "Notice"). User's use of the Sites or Services after such Notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with its most current version. User may access the agreement directly by visiting https://pay.a1storall.com/terms
The Sites or Services, in whole or in part, may be enhanced, modified or discontinued at A-1's sole discretion. Any enhancements, additions or modifications to the Sites or Services will be subject to this Agreement.
Maintenance of Equipment
User is solely responsible for maintaining User's computer equipment ("Equipment") required to use Sites and Services including taking reasonable measures to prevent computer viruses and other related problems from affecting User's Equipment or Sites before User uses Sites or Services. A-1 has no liability or responsibility for any errors or failures relating to the malfunction or failure of User's hardware or software.
User's Information and Privacy
If a User chooses to provide information to Sites, User will be provided with a login name and password, OpenID credential, or other means of authentication provided by Sites that can be used to access their account with Sites ("Account"). Accounts are provided by Sites for the sole use of a single business or individual. User may not create multiple free accounts with Sites, but may create as many sub-accounts as they like for employees and contractors performing direct work for User through User's main account. Accounts may not be created, sub-divided, re-sold, or shared by a group of individuals or organizations for the purpose of avoiding Sites fees (at the sole determination of A-1.) User agrees that actions like using a button, link, or other graphic labeled as a method of accepting an agreement will be deemed a digital signature for purposes of accepting the displayed or linked agreement. Authentication information must be safeguarded by User to prevent others from accessing their Account and potentially binding User to an agreement.
Automated or Unauthorized Account Access
User may not create an Account or access any Services through an automated means of any kind (including screen scraping and HTML processing software designed to operate without a human interacting with Sites) (collectively "Unauthorized Access") without explicit written permission from A-1. Unauthorized Access to Sites may subject User's Account to suspension or termination at A-1's discretion. User agrees to compensate A-1 for reasonable investigative expenses related to Unauthorized Access in order to determine the extent of potential damage. User agrees to compensate A-1 for any damage related to Unauthorized Access (including loss of revenue or reputational harm). If you have an application to integrate with Sites or would like to test our Services, please contact us before accessing our systems.
Payments shall be made in accordance with User's written lease agreement with A-1 that they obtained at the time of rental.
Users are responsible for any and all Content that User provides to A-1 or uses in connection with Sites or Services.
User may not use the Sites or Services or any information that User obtains from the Sites or Services to: a) interfere with any other user's use of the Sites or Services; b) conduct any unlawful activity; c) intentionally solicit or harm others; d) misrepresent User's identity or any affiliation that User may have; e) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites or Services; f) alter or remove any copyright, trademark or other proprietary rights notices; g) "frame", "mirror" or "embed" any part of the Sites or Services in another web site or service without A-1's prior written counter-signed authorization; h) use links to Sites which imply endorsement of any other web sites or services without A-1's prior written counter-signed authorization; i) create a liability or expense for A-1; or j) harm A-1's operations or reputation in any way.
Use of Communication Tools Provided by Sites
When using any e-mail address, web form or other method of communication provided to User on or through the Sites or Services, User agrees not to transmit or submit: a) any Content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, harmful, harassing, tortuous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable, or is subject to an agreement of confidentiality, or infringes upon A-1's or any third party's intellectual property or other rights; b) any trade secret; c) any information that may cause harm A-1's reputation; d) any computer code, files or programs (for example, a computer virus) designed to gain access to information not normally available to User, interrupt Sites or Services, remove information, compromise the security of or limit the functionality of any device, Sites, or Services, or aid in the transmission of any of the previously listed information. User agrees that these actions are Unauthorized Access.
Sending unsolicited information to any persons, entities, newsgroups, forums, e-mail lists or other groups or lists unless prior authorization has been obtained from the recipient of such information, who explicitly permits sending of information to them, or unless a business or personal relationship has already been established with the recipient and recipient would reasonably invite such information to be sent to them (collectively "Spam") is prohibited and may result in termination of access to User and legal action against User. User agrees that Spam is Unauthorized Access. If User receives Spam via Sites or Services User should contact A-1 promptly at (414) 807-3782 so that A-1 may take appropriate action.
The use of false network-level communication headers or falsifying, forging or altering the origin of any communication in connection with Sites or Services is prohibited and Unauthorized Access.
A-1's Proprietary Rights
The Sites or Services and software used with the Sites or Services contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, "IP Laws"). In addition, the Content contained within the Sites or Services or in third-party content contained therein is protected by IP Laws. User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Sites or Services, in whole or in part, unless authorized by A-1, in writing, to do so; or when User complies with the fair use provisions of IP Laws.
Ownership and Use Restrictions
A-1 owns and operates the Sites and/or Services in conjunction with others pursuant to contractual arrangements. User may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Sites or Services in any way without A-1's prior written counter-signed permission. User may not modify any materials contained within the Sites or Services nor use any materials for any other purpose. User acknowledges that User does not acquire any ownership rights in any intellectual property through User's use of the Sites or Services. User owns any content provided by User which is owned by them prior to submission to A-1 ("User Owned Content"). User grants A-1 a worldwide, perpetual, paid-up license to store, display, perform, sub-license, or otherwise use or commercialize User Owned Content. User otherwise retains the right to ownership and control of "User Owned Content".
A-1 grants User a limited, non-exclusive, non-transferable, non-assignable license to use the content on the Sites solely for the purpose of viewing the Sites or Services in the course of using the Internet or for the purposes specified in their Account. Subject to the foregoing license, User may not make a temporary or permanent copy of the Sites or Services or any Content, on any media or for any purpose other than standard web browser caching without written counter-signed permission from A-1. A-1 does not transfer the title to any Content to User. A-1 retains all right, title and interest in all Content. User may not sell, resell, decompile, reverse engineer, disassemble or otherwise translate any of the software portions of the Sites or Services. User may not transfer or facilitate the transfer of any portion of the Sites or Services to any third party. User agrees that these constitute Unauthorized Access.
A-1, A-1's logo, and the name of the Services marketed, sold or distributed by A-1, are trademarks and/or service marks of A-1 or its affiliates. All other trademarks, service marks, and logos used on the Sites or Services are the trademarks, service marks or logos of their respective owners.
If User submits any ideas, suggestions or testimonials to A-1, A-1 has the right to use User's submission without charge in any manner that A-1 deems appropriate, including public posting, display, or performance. User may only post ideas and material to Sites if User complies with IP Laws and possesses permission to post such materials and to permit A-1 to use such material without restriction. User agrees not to violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, including copyright, patent, or trademark rights.
The people giving product or business opportunity testimonials on A-1's Sites or Services reflect the experience of the individual providing the testimonial and are anecdotal only.
Sites may provide links to third party web sites or resources. Links are not an endorsement of any information, product or service reached through such link. Since A-1 does not have any control over third party web sites or resources, A-1 cannot be held responsible or liable for any Content on third party web sites, or for User's reliance on any content on third-party web sites.
Although A-1 attempts to maintain the integrity of the Sites and Services, A-1 makes no guarantee as to the accuracy or completeness of the Sites or Services. If User discovers an error in the Sites or Services, please contact A-1's customer service at (414) 807-3782 with a description of the error, its URL location and User's contact information. A-1 will make reasonable efforts to address User's concerns.
Disclaimer of Warranties and Limitation of Liability
By using the Sites or Services, User expressly agrees that:
The Sites and Services are provided on an "as is" and "as available" basis. A-1 disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
A-1 does not make any warranty that (i) the Sites or Offerings will meet User's requirements; (ii) the Sites or Services will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Sites or Services will be accurate or reliable; or (iv) any errors in the Sites or Services will be corrected.
User's use of the Sites or Services is at User's sole risk. Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions. User should consult a professional to obtain specific advice appropriate to User's circumstances. User is solely responsible for any damage to User or to any third party caused, directly or indirectly, by any material that User downloads or obtains through the Sites or Services. A-1 may not be held liable for any damages or harm attributable to viruses or other destructive materials.
A-1 make no representations or warranties regarding independent resellers of Services, including warranties of merchantability or fitness of purpose. User should not rely on any representations or warranties contained on any independent reseller web sites.
A-1 must approve any additional warranties in a written counter-signed legal document.
User agrees not to hold A-1, A-1's officers, directors, employees, agents, affiliates, designees, representatives, independent distributors, or suppliers (collectively "Parties") liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, intellectual property damage, patent infringement, and loss of data), even if any Parties have been advised or should be reasonably aware that such losses may occur, which result from: a) User's inability to access Services at any time; b) User's participation as an independent reseller; c) User's use or inability to use the Sites or Services; d) Unauthorized access to or alteration of User's transmissions or data; or e) The acts of any third party related to the Sites or Services.
User hereby waives any claims with respect thereto, whether based on contractual, tort or other grounds, even if any Parties has been advised of the possibility of such damages. Depending on the applicable jurisdiction, some of the limitations contained in this section may not apply to User.
User agrees to indemnify, defend and hold Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or in any way related to: a) User's acts or omissions in connection with the Sites or Services; b) The acts or omissions of any person in connection with the Sites or Services using User's Account; c) User's purchase or use of the Sites or Services and the purchase or use of the Sites or Services by any person using User's Account; d) Breach of any provision of this Agreement by User; e) Any allegation that materials submitted to Sites, transmitted to Sites or through the Sites or Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or e) violation of the rights of any party, including without limitation any claims of libel, defamation, violation of rights of publicity, trespass, and infringement of intellectual property or other proprietary rights.
If A-1 makes or has made a claim for indemnification, User agrees to seek and receive written counter-signed permission from A-1 before agreeing to settle any claim or action.
At any time and for any reason, A-1 may modify the Sites or Services, or any part thereof, with or without notice to User. No notice is required to effect any termination right of any party. Any Account which has not used Services that require payments for twelve calendar months or an Account associated with a User who violates the terms of this agreement may be closed without the consent of or notification to the User and any outstanding pre-payment balance shall be forfeit. A-1 may remove any Account without a pre-payment balance or any content from the Sites or Services at any time at A-1's sole discretion. User shall not hold A-1 responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to A-1's modification or discontinuation of the Sites or Services or A-1's termination of User's access to the Sites or Services.
If a User is dissatisfied with A-1 or its Sites, or Services, User's sole and exclusive remedy is to stop using the Sites or Services. Any damages to User from any Parties shall be limited to monetary damages and the aggregate amount of damages shall not exceed amounts paid to A-1 for the Services which directly related to damages in the two months proceeding the date in which the damage initially began or the date of notification to A-1, whichever amount is less.
United States Law and Foreign Use
If User chooses to access the Sites or Services from locations outside of the United States, User is responsible for compliance with local laws if, and to the extent that, such local laws are applicable. User is not permitted to use Sites or Services outside the United States if such use would subject A-1 to additional liability or expense.
Software used on the Sites or Services may be subject to U.S. export controls. No such software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
A-1 reserves the right, in A-1's sole discretion, to limit the availability of the Sites or Services to any person, geographic area or jurisdiction at any time.
The laws of the State of Wisconsin apply to this Agreement. Any dispute between User and A-1 must be brought before state or federal courts located in Cedarburg, Wisconsin. Disputes involving more than one individual or entity must be settled by binding arbitration through a mutually acceptable professional arbitration firm. User waives any right to class-action. If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between User and A-1 relating to the Sites or Services and this Agreement replaces all prior written or oral agreements that may have existed with A-1 which were not made through counter-signed legal documents. User cannot transfer User's rights or obligations under this Agreement without A-1's counter-signed written permission. A-1's failure to enforce any provision of this Agreement does not waive A-1's right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement. If any portion of this Agreement is deemed by a court of competent jursidiction to be invalid, all other provisions will be interpreted as if it had been valid.