In terms of our service...

Effective Date: January 24, 2018


These Terms of Service (“Terms”) are made and entered into by and between you and Binway LLC (“Binway”). These Terms apply to all websites and applications owned and/or operated by Binway and any and all services provided to you by Binway (“Services”) through such websites or applications.  By accessing and/or using our websites and applications, you are expressly agreeing to comply with and be bound by these Terms, Binway’s Privacy Policy located at: http://www.binway.com/privacy-policy (the “Privacy Policy”), and any other policies, rules or guidelines that may be applicable to Services (“Additional Terms”), as well as all applicable laws and regulations.

Binway may revise and update these Terms at any time, and your continued usage of our websites, applications, and/or Services indicates your agreement with any such changes.  Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on our website.  If we make any material changes to these Terms, we will endeavor to notify you in advance of such change, by highlighting the change on the website or by sending an email to you at the email address that you have registered with us.  You are responsible for returning to this page periodically to ensure familiarity with the most current version of these Terms.

To the extent that there is a conflict between these Terms and the Additional Terms for any Services, the Additional Terms shall govern.  These Terms will remain in full force and effect as long as you are a user of our websites, applications, and/or Services, and in the event of termination of any account, you will still be bound by your obligations under these Terms, including any indemnification obligations, warranties, and limitations of liability.

By using or attempting to use our websites or applications, you certify that you are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18).  You also certify that you are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction.  If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms, you must stop using our websites and applications immediately.

I.  Registration.

You may browse our websites and applications and view content without registering, but as a condition to utilizing Services, you may be required to register an account with Binway.  You are responsible for maintaining the confidentiality of your registration. You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene.

You shall be responsible for all uses of your registration, whether or not authorized by you.  You will immediately notify Binway in writing of any unauthorized use of your account, or other account related security breach of which you are aware.  You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Binway, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Binway has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Binway has the right to immediately suspend or terminate your account and refuse any and all current or future Services in its sole discretion.

Registration data and certain other information about you are subject to the Privacy Policy. Through your use of our websites, applications, and Services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you.

We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password.  If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by contacting us at support@binway.com.

II.  Storage Rules.

You are responsible for packing your items into the provided bins, including any necessary bubble wrap and/or padding. Binway is not responsible for broken or cracked items in bins that were not reasonably and carefully packed or otherwise prepared for storage.  Where possible, you should refrain from packing fragile items that are difficult to be safely packed.  Binway disclaims all liability for items that could reasonably call "fragile" such as glassware, dishes, artwork, jewelry, electronics, furniture items made of particleboard, fiberboard, and other boards made from sawdust and wood scraps, and furniture that incorporates (in a tabletop or anywhere else) delicate material that requires special packing, such as marble, acrylic, granite, glass, crystal, formica, or lucite.

Should you be storing any valuable materials, it is recommended you purchase insurance to cover the value of such materials. Binway’s insurance is limited to $2,500 per storage bin, and Binway shall not be liable for any costs or damages beyond its insurance coverage, subject to any other limitations in these Terms.

You are further responsible for knowing and observing applicable laws and ordinances for allowable materials to be stored.  You shall not store any hazardous materials, as they may be defined by any governmental agencies, nor any explosives, guns, flammables, drugs, live specimens, or any other category of items that Binway may ban from time to time.

Binway does not intend to access any of your storage bins after they are sealed.  However, Binway reserves the right to open and inspect any such bin in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods, or upon your default under these Terms. Should Binway receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from
the relevant bin, allow it to be searched, and, if applicable, the contents to be seized.  Should we receive a subpoena, or a law officer or governmental agency requests documents or information about your stored property, you agree that we may provide such information or documents without incurring liability to you.

When booking Services, it is your responsibility to be present when and where agreed to for drop off and pickup of your storage bin. If you miss any such appointment, Binway reserves the right to charge extra fees or otherwise cancel Services.

In order to secure payment, Binway has a lien on all property in your storage bins for outstanding charges, present or future, in relation to the Services.  Binway may enforce the lien by selling such property at a lien sale in accordance with applicable laws and ordinances.

III.  Storage Fees.

Binway hereby shall charge the following fees, which are agreed to by you.  Should there be a conflict between the fees listed here and those listed and/or charged on through our websites or applications, the latter shall control.

A.    Monthly Storage Service fee per Crate - $7.50 (Crates), $15.50 (Wardrobes), See pricing for additional details

B.    Return of Subscriber Property - $10.00 flat return fee for final delivery upon termination of agreement, otherwise 1 free swap each month

C.    Swap fees – 1 free every month.

D.    Crate purchase fee (in the event you keep a crate beyond 30 days after receipt) - $25

E.     Missed delivery fee - $20

F.     Sale/Auction administration fee - $100

G.    Delinquent account administration fee (levied on 15th day past due) - $10

H.    Chargeback fee (in the event an erroneous chargeback occurs on a payment you make) - $25

I.      Cancellation fee (after receiving empty crates) - One month worth of service for those crates/wardrobes


IV.  Code of Conduct.


In connection with your use of our websites, applications, and Services, you agree that you will not, nor permit anyone else to, indirectly or directly:

A.    upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

B.     submit information that includes non-public personal or identifying information about another person without that person’s explicit consent;

C.    upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

D.    restrict or inhibit any other visitor or member from using our websites or applications, including, without limitation, by means of “hacking” or defacing any portion of our websites or applications;

E.     access or attempt to access parts of our websites or applications for which you are not authorized, circumvent or attempt to circumvent any security or password protection, access our websites or applications by any means other than through the interface that is provided and authorized by Binway;

F.     modify any software for our websites or applications in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to such websites or applications;

G.    use our websites, applications, or Services for any unlawful purpose;

H.    express or imply that any statements you make are endorsed by us, without our prior written consent;

I.       impersonate any person or entity, whether actual or fictitious, including any employee or representative of Binway;

J.      forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through our websites or applications;

K.    transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

L.     use our websites or applications to harm minors in any way;

M.  engage in spamming or flooding;

N.    transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

O.    modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of our websites or applications or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of such;

P.     remove any copyright, trademark or other proprietary rights notices contained on our websites or applications;

Q. “frame” or “mirror” any part of our websites or applications;

R.    “stalk” or otherwise harass another;

S.     link to any page of or content on our websites or applications without written authorization;

T.     use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of our websites, applications, or their contents without our prior written consent, including with respect to any CAPTCHA displayed on such.  Notwithstanding the foregoing, Binway grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  Binway reserves the right to revoke these exceptions either generally or in specific cases;

U.    harvest or collect information about Site visitors or members without their express consent;

V.    take any action that imposes or may impose (in Binway’s sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third party providers’) infrastructure;

W.  share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on our websites or applications if you are not the original recipient of such passcode or password;

X.    provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or

Y.    violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.

The foregoing actions shall constitute a material breach of these Terms.

You acknowledge, consent and agree that Binway may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with laws, rules, regulations, or legal process; (b) enforce these Terms; (c) respond to claims that any user content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Binway, its users and the public.

You understand that the technical processing and transmission of our websites and applications may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that our websites and applications and software embodied within the same may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Binway and/or content providers who provide content to such websites and applications. You may not attempt to override or circumvent any of the usage rules embedded into such.  Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on our websites or applications, in whole or in part, is strictly prohibited.

In order to use the payment functionality of Binway’s application, you must open a "Access API" account provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize Binway to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through Binway’s application, and Dwolla account notifications will be sent by Binway, not Dwolla. Binway will provide customer support for your Dwolla account activity, and can be reached at support@binway.com.


V.  Ownership and Restrictions on Use.

The information and materials provided on or through our websites or applications, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links collectively, the “Materials”) are owned exclusively by Binway or its licensors, and are intended to educate and inform you about the Services offered or described.  Subject to your compliance with these Terms, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein.  Subject to your compliance with these Terms, we grant you a limited license to use our websites, applications, and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to our websites, applications and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Binway.  Use of our websites, applications, and Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.

Our websites and applications, including all software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Binway and will remain the exclusive property of Binway.  You acknowledge that our websites and applications are protected by copyright, trademark and other laws.  You further acknowledge that you do not acquire any ownership rights by using our websites, applications, or the Materials.  You shall not challenge, contest or otherwise impair Binway’s ownership of its websites, applications, and the content therein.

The trademarks, logos, and service marks displayed on our websites and applications (collectively the “Trademarks”) are the registered and unregistered trademarks of Binway and Binway’s advertisers, licensors, suppliers and others.  The Trademarks owned by Binway, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Binway, in any manner that is likely to cause confusion with customers, or in any manner that disparages Binway.  Nothing contained on our websites or
applications should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Binway, Binway’s licensors or suppliers, or the third party owner of any such Trademark.  Misuse of any Trademarks is prohibited, and Binway will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

VI.  Making Purchases.

If you wish to purchase services or register for an account, you will be asked to supply certain information applicable to such transaction, including, without limitation, credit card and other information.  You understand that any such information will be treated by Binway in the manner described in our Privacy Policy.  You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes relating to your transactions.  In addition to these Terms, your transaction shall be subject to any Additional Terms applicable to such Services.  Registration for accounts or Services may be regulated by certain state, county and city laws or regulations.  You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW.  WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY
INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.  You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes.  You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use.  You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses.  You grant Binway the right to provide any information you submit to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.  Verification of information may be required prior to the acknowledgment or completion of any transaction.

Descriptions or images of, or references to, third party products or services on our websites or applications do not imply Binway’s endorsement of such products or services.  We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service.  Verification of information applicable to a purchase may be required prior to Binway’s acceptance of any order.  Price and availability of any product or service are subject to change without notice.

If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your account or Services may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using our websites or applications.

Charges and Billing.  Our websites or applications may require payment of access fees.  By registering for an account, you hereby authorize Binway to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service registration for your account.  You hereby understand and agree that in most cases, Binway will be charging your designated credit card in accordance with the payment schedule of the Service for which you have ordered or registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card.  You further understand and agree that it is your responsibility to notify Binway of any changes to your credit card or if your credit card has expired, otherwise your access to the Service may be disconnected or interrupted.  You shall additionally be responsible for and shall immediately pay Binway, on demand, any payments that are made to us that are subject to an unjustified, subsequent reversal.  All fees shall be paid in U.S. dollars.

Binway reserves the right to change any fees (which includes but is not limited to, charging a fee for options, upgrades and/or a Service for which Binway does not currently charge a fee) or billing methods at any time. Binway also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for it.  You may cancel your account or any associated optional or upgraded services therefore at any time, but Binway will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.

You agree to pay your account balance on time.  You also agree to pay any taxes, including sales or use taxes, resulting from your any Service.  Amounts not paid when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due.  That amount is also due immediately.  You are responsible and liable for any fees, including attorneys’ and collection fees, that Binway may incur in its efforts to collect any remaining balances due from you.  These Terms shall in no way limit any other remedies available to Binway.  You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated.  You must notify Binway of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement.  If you do not notify Binway within sixty (60) days, you waive any right to dispute such problems or discrepancies.

Parties other than Binway (“Third Parties”) may advertise services or sell products on our websites or applications.  All matters concerning such services or products, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and such Third Parties.  Binway makes no warranties or representations whatsoever with regard to any goods or services provided by Third Parties.  You will not consider Binway, nor will Binway be construed as, a party to such transactions, whether or not Binway may have received some form of revenue or other remuneration in connection with the transaction.  You agree that Binway will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals.  Binway does not assume any responsibility or liability for the actions, product or content of all these and any other third parties.  You should carefully review their privacy statements and other conditions of use.  In addition, Binway is not responsible for the truth or accuracy of any listings by Third Parties or the ability of any Third Party to perform or complete a transaction.  Notwithstanding the foregoing, you may report the misconduct of Third Parties in connection with our websites, applications, or any Services to us, and we, in our sole discretion, may investigate the claim and take action.

VII.  Information Provided by Binway.

Although Binway strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on our websites and applications are subject to frequent change.  In addition, the facts and circumstances of every situation differ.  Accordingly, although Binway endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.

VIII.  Links.

As a convenience to you, we may provide links to third-party web sites.  If you use these links, you will leave our website.  Your dealings with third parties through links to such third party websites or applications are solely between you and such third party.  Unless otherwise explicitly stated, Binway is not responsible for the content, goods or services provided on or through such websites, any updates or changes to such sites, for your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that Binway offers such links does not indicate any approval or endorsement of any material contained on any linked site.  The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links.  Binway expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.  You hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against Binway with respect to such sites.

Binway and/or third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. pursuant to our Privacy Policy.  Binway makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and you agree that neither Binway nor such third party shall have any liability with respect thereto.

YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY BINWAY, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

IX.            
Termination.

These Terms shall remain effective until terminated in accordance with its terms.  We reserve the right to immediately terminate these Terms, and/or your access to and use of our websites or applications, at any time and for any reason, with or without cause.  Upon termination of these Terms, your right to use our websites or applications shall immediately cease, and you shall destroy all Materials obtained and all copies thereof.  You agree that any termination of your access to or use of our websites or applications may be effected without prior notice, and that Binway may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Binway shall not be liable to you or any third party for any termination of your access to our websites or applications or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

X.  Suspected Violation of these Terms or Law; Injunctive, Equitable Relief, and Liquidated Damages.

Violations of these Terms, including unauthorized use of our websites or applications, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress.  You understand and agree that in Binway’s sole discretion, and without prior notice, Binway may terminate and block your access to our websites, applications, or Services, cancel your account, refuse to honor pending and future Services purchased from all credit card accounts or online accounts Binway believes may be associated with you, or exercise any other remedy available, if Binway believes that your conduct or the conduct of any person with whom Binway believes you act in concert, violates or is inconsistent with these Terms or the law, or violates the rights of Binway or any customer of Binway.  Violating any limitations or terms on our websites or applications will be deemed to be a material violation of these Terms of Use.

You agree that monetary damages may not provide a sufficient remedy to Binway for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

You agree that abusive use of our websites or applications, as defined above, causes damage and harm to Binway in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive uses.  You further agree that monetary damages for abusive use of our website, applications, or Services are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate.  Accordingly, you agree that liquidated damages are warranted for abusive use, and that Binway may at any time add a specific liquidated damages amount to these Terms.

Binway is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of Binway’s rights.  Additionally, Binway reserves the right, in its sole discretion, to modify, suspend or discontinue any part of our websites or applications at any time, with or without notice to you.  Binway also reserves the right, in its sole discretion, to impose limits on certain features and Services and to restrict access to its websites or applications without notice to you.  Binway shall not be liable to you or any third party for any claim or cause of action arising out of its exercise of the foregoing rights.

XI. Disclaimers.

OUR WEBSITES AND APPLICATIONS, THE MATERIALS ON THEM, AND ANY SERVICE OBTAINED THROUGH THEM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BINWAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS WEBSITES OR APPLICATIONS, THE MATERIALS, AND ANY SERVICE OBTAINED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

IN MOST INSTANCES, THE ABILITY OF BINWAY TO PROVIDE SERVICES IS DEPENDENT UPON THE INTERNET, WHICH MAY NOT BE FULLY SECURED, AS WELL AS GOODS AND SERVICES PROVIDED BY VARIOUS OTHER VENDORS AND THIRD PARTIES.  BINWAY DOES NOT WARRANT THAT YOUR USE OF ITS WEBSITES OR APPLICATIONS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT ITS WEBSITES, APPLICATIONS OR THE SERVER(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE WEBSITES OR APPLICATIONS WILL MEET YOUR REQUIREMENTS, THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF SUCH WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH ITS WEBSITES
OR APPLICATIONS WILL MEET YOUR EXPECTATIONS.  YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEBSITES AND APPLICATIONS, AND ALL CHARGES RELATED THERETO.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITES AND YOUR RELIANCE THEREON.  NO OPINION, ADVICE OR STATEMENT OF BINWAY, HOWEVER MADE, SHALL CREATE ANY WARRANTY.  BINWAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITES, APPLICATIONS OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BINWAY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  YOUR USE OF OUR WEBSITES OR APPLICATIONS AND ANY MATERIALS PROVIDED THROUGH SUCH ARE ENTIRELY AT YOUR OWN RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BINWAY AND/OR ITS AFFILIATED PARTIES OR ON OR THROUGH ITS WEBSITES OR APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Our websites, applications, or Materials may include inaccuracies or errors, or information or materials that violate these Terms.  Additionally, unauthorized alterations may be made by third parties to such.  Although we attempt to ensure the integrity of our websites and applications, we make no guarantees as to their completeness or correctness.  In the event that a situation arises in which our websites’ or applications’ completeness or correctness is in question, please contact us at _support@binway.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you.

XII.  Limitation of Liability.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER BINWAY NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO BINWAY’S WEBSITES, APPLICATIONS, AND/OR MATERIALS CONTAINED ON SUCH, ANY LINKED SITE OR ANY PRODUCT OR SERVICE
PURCHASED THROUGH SUCH.  WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BINWAY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE ITS WEBSITES, APPLICATIONS, SERVICES OR ANY LINKED SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ITS WEBSITES, APPLICATIONS, OR ANY LINKED SITE; (III) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY BINWAY; (IV) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BINWAY; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITES, APPLICATIONS, OR ANY LINKED SITE; (VII) ANY FAILURE OF ANOTHER USER TO OUR WEBSITES OR APPLICATIONS TO CONFORM TO THE CODE OF CONDUCT; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS; (IX) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES OR APPLICATIONS BY ANY THIRD PARTY; (X) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITES OR APPLICATIONS; (XI) THE QUALITY, SAFETY OR LEGALITY OF SERVICES ADVERTISED ON OUR WEBSITES OR APPLICATIONS; AND/OR (XII) ANY OTHER MATTER RELATING TO OUR WEBSITES OR APPLICATIONS, OR BINWAY SERVICES.  THE MAXIMUM TOTAL AGGREGATE LIABILITY OF BINWAY,
ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY BINWAY FROM YOU OR $100 USD.

XIII.  Indemnification.

You agree to indemnify, defend and hold Binway and its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the Code of Conduct, above; (b) any allegation that any materials you submit to us or transmit to our websites or applications infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with our websites, applications, or services; and/or (d) termination of your access to our websites or applications.

XIV.  WAIVER OF CLASS-WIDE PROCEEDINGS.

You agree that, by entering into these Terms, you and we are each waiving the right to participate in a class action or class arbitration.  Each party to these Terms agrees and covenants that it will not initiate any class-wide proceedings, including class actions or class arbitrations, against another party, and will not act as a class representative or class member.  This provision constitutes an agreement that any dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in his/her/its individual capacity. Further, unless both parties agree otherwise, it may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  Relief may be awarded only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

XV.  Applicable Law / Forum.

These Terms shall be interpreted and enforced in accordance with the Laws of the State of Illinois and the parties hereby irrevocably consent to the jurisdiction and proper venue of the state courts of the State of Illinois, County of Cook or the United States District Court for the Northern District of Illinois (Eastern Division).

XVI.  Connectivity; Mobile.

Normal carrier charges and taxes may apply to any Materials you access from our websites or applications. Binway is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services, or our websites or applications.  With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply.

XVII.  Questions.

If you have any questions, comments or complaints regarding these Terms, feel free to contact us at: support@binway.com.

XVIII.  Notice.

Binway may provide you with notices, including those regarding breaches of security, by email, regular mail or postings on its websites or applications.  All notices from you to Binway must be sent to Binway, LLC, 1025 W Sunnyside Ave, Suite 300, Chicago, IL 60640 and such notices will be deemed received the next day if sent via overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.

XIX.  Miscellaneous.

A.     Binway may assign its rights and obligations under these Terms and upon such assignment, Binway may be relieved of any further obligation hereunder.  You may not assign any of your rights or obligations under these Terms.  Any assignment in violation of these terms is void.

B.      Rights and obligations under these Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

C.      You represent to Binway that you have the authority to register with Binway according to these Terms.  The failure of Binway to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  Binway may provide you with notices, including those regarding changes to these Terms and notices regarding breaches of security, by email, regular mail or postings on its websites or application.  Except for certain Binway licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms.  If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the validity, legality, and enforceability of the remaining provisions of these Terms (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (ii) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and these Terms shall be deemed amended accordingly.  We may translate these Terms, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on our websites or applications into other languages for your convenience.  The English language version of each of these documents is the version that governs your use of such and in the event of any conflict between the English language version and a translated version, the English language version will control.  A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
AUTHORIZED ENTRY

Last Updated: January 4, 2018

This Agreement, as that term is defined herein, is made by and between you and BINWAY, LLC, an Illinois limited liability company, and its affiliates (collectively, “Binway”).  Before using Binway Services, you are responsible for reading these Binway Services Terms of Use, the Binway Privacy Policy, the Binway Terms of Service, and any other applicable rules, policies, and terms posted on the Binway website or available through the Binway app (collectively, this “Agreement”).  By using Binway Services, you agree to be bound by the terms of this Agreement.  If you do not agree to the terms of this
Agreement, then you may not use Binway Services.

1.       Definitions.
For purposes of these Binway Services Terms of Use, the following terms shall be used herein as defined:

Binway Services – Binway's access management services, including the Binway app and other related services.

Compatible Product – any product, device, software or application designated for use with Binway Services.

Software – all software (including any updates or new versions), and any related documentation, that we make available to you for use in connection with Binway Services.

2.       In-Home Delivery.
With Binway Services, you can enable standard to-door delivery or in-home delivery at eligible addresses.  If you sign up for in-home delivery, you are authorizing Binway and its delivery providers to access your home, apartment, or other location that you designate, for the purposes of delivering your packages.  By authorizing in-home delivering, you are confirming that you have the right to authorize Binway and its delivery providers to access such location. Binway reserves the right to deliver your package in-home for any reason.

a.       Binway Services allows you to have packages securely delivered inside your home.

b.       When a package is delivered to your building, a Binway delivery provider will bring the package to your unit between the hours of Noon and 6:00pm, Monday-Friday.  The delivery provider will knock 3-4 times first, then request to unlock customer's door via a Binway Services Key Fob.  The provider then will unlock your door and announce him/herself.  The provider will not enter the unit, but will simply slide the package just inside the door, then immediately close and lock the door.  No special codes or keys are given to the delivery provider.  Once the delivery is complete and your door is re-locked, you will get a final notification. You do not need to provide any additional information for the delivery provider, such as keypad codes or remote unlock.

c.       Get started by enabling to-door or in-home delivery on the Binway website in the Binway App.  You will then get an email confirming your signup and when the services will begin.  Once enabled, eligible packages will default to in-home delivery for that enabled address. If at any point you want to opt-out of Binway Services, please email support@binway.com.

d.       If access to the door or unit is blocked the provider will leave the package at the front desk (if you live in a multi-unit building), if possible.

3.       Information Provided to Binway.  
The Software provides Binway with information about your use and the performance of Binway Services, the Software, and Compatible Products, as well as information regarding the devices on which you download and use Binway Services.  For example, this may include information about Compatible Products and how they were operated and occurrences of technical errors. We will handle any information we receive in accordance with the Binway Privacy Policy.

4.      General.

a.       Binway Services Requirements.  Certain Binway Services features require one or more Compatible Products. In addition, some Binway Services services may not be available in all areas and may require separate subscriptions, memberships, a data plan, or an internet connection.

b.      Geographic Restrictions.  You may access and use Binway Services only in the United States. We may restrict access to Binway Services from other locations.

c.      Disputes/Law.  Any dispute or claim arising from or relating to this Agreement or Binway Services is subject to the governing law, disclaimer of warranties, limitation of liability, and all other terms in the Binway Terms of Service. By using Binway Services, you agree to be bound by those terms.

d.      Disclaimers.  Binway Services has no responsibility or liability for the following: third party accounts or services; Compatible Products that Binway does not manufacture or develop; any guests or service providers to whom you provide authorization to operate your lock. BINWAY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR DAMAGE INCURRED TO YOUR PACKAGES OR YOUR HOME AS A RESULT OF BLOCKED ACCESS, DANGEROUS CONDITIONS,CONCEALED / HIDDEN / OBSCURE OBJECTS / CONDITIONS, OR ANY OTHER CONDITION OR ACTION ON YOUR PART WHICH CAUSES SUCH DAMAGE.

e.       Changes to Binway Services.  We may change, suspend, limit, or discontinue Binway Services, or any part of it, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Binway website. Your continued use of Binway Services after the effective date of the revised Agreement constitutes your acceptance of the terms.

f.       Contact Information.  For help with Binway Services or resolving other issues, please contact Customer Service at https://www.binway.com/contact-binway.