Storhous
Terms of Use
Last Updated: January 29, 2024
These Terms of Use (“Terms of Use”) constitute a binding agreement between you (“you”) and CLD Consulting LLC (the “Company”). This Agreement governs your use of Storhous (including all related documentation, the “App”) and www.storhous.net and any subdomains thereof (including any content, functionality, and services offered thereunder, the “Website”). The App is licensed, not sold, to you.
BY USING THE APP AND THE WEBSITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP OR THE WEBSITE.
1. App License
Subject to these Terms of Use and your timely payment of any and all Fees, the Company grants you a limited, non-exclusive, and non-transferable license to:
(a) download, install, and use the App for your personal, non-commercial use on a device owned or otherwise controlled by you (“Device”) strictly in accordance with the App’s documentation; and
(b) access, download, and use on such Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the App, strictly in accordance with these Terms of Use and the terms of use applicable to such Content and Services as set forth in Section 5.
2. App License Restrictions
Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not:
(a) copy the App, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
(f) use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
(g) use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without the Company’s prior written consent;
(h) frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile application, website, or service;
(i) use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App; or
(j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
3. Reservation of Rights
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms of Use, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.
4. Collection and Use of Your Information
You acknowledge that when you download, install, or use the App and Website, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the App and Website. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or Website or certain of its features or functionality, and the App and Website may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the App and Website is subject to our Privacy Policy available at: www.cldconsulting.us/storhous/privacy-policy. By downloading, installing, using, and providing information to or through the App or Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Content and Services
Certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by these Terms of Use and the Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality. Any violation of such Privacy Policy will also be deemed a violation of these Terms of Use.
6. Assessing the App and Website and Account Security
(a) We reserve the right to withdraw or amend the App and Website, and any Content and Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App or Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
(b) To access the App or Website or some of the resources or functionalities it offers, you may be asked to create an account and provide certain registration details or other information. It is a condition of your use of the App and Website that all the information you provide on the App and Website is correct, current, and complete. You agree that all information you provide to register with the App and Website or otherwise, including, but not limited to, through the use of any interactive features on the App and Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You are responsible for making all arrangements necessary for you to have access to the App and Website and all of its functionalities.
(c) If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
(d) We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
7. App Updates
The Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms of Use.
8. Payment Terms
The fee for use of the App and its functions (the “Fee”) and the billing frequency for such Fees are set forth in the applicable registration form upon creation of your account. We reserve the right to change the Fee at any time upon 30 day’s prior notice. By continuing use of the App and Website after the expiration of such 30-day period, you will be deemed to have agreed to the new Fees. All Fees will be collected and paid through an unaffiliated third-party.
9. Prohibited Uses
(a) You may use the App and Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App or Website:
(i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(ii) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
(iii) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in Section 11 of these Terms of Use;
(iv) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(v) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
(vi) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
(b) Additionally, you agree not to:
(i) Use the App or Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App or Website, including their ability to engage in real time activities through the App or Website;
(ii) Use any robot, spider, or other automatic device, process, or means to access the App or Website for any purpose, including monitoring or copying any of the material on the App or Website;
(iii) Use any manual process to monitor or copy any of the material on the App or Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
(iv) Use any device, software, or routine that interferes with the proper working of the App or Website;
(v) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(vi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or Website, the server on which the Website is stored, or any server, computer, or database connected to the App or Website;
(vii) Attack the App or Website via a denial-of-service attack or a distributed denial-of-service attack; or
(viii) Otherwise attempt to interfere with the proper working of the App or Website.
10. User Content
The App and Website may allow users to share content or materials (“User Content”) on or through the App or Website. All User Content must comply with our Content Standards. User Content will be considered confidential and proprietary. However, User Content is transmitted to others at your own risk. Although we limit access to User Content, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
11. Content Standards
These content standards apply to any and all User Content and use of App and Website. All User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
(a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
(e) Be likely to deceive any person;
(f) Promote any illegal activity, or advocate, promote, or assist any unlawful act;
(g) Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
(h) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless otherwise sponsored by us; or
(i) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12. Disclosure Requests
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App and Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
13. Geographic Restrictions
The Content and Services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
14. Third-Party Materials
The App and Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising or third-party payment processing (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
15. Term and Termination
(a) The term of these Terms of Use commences when you first download the App or access the Website and will continue in effect until terminated by you or the Company as set forth in this Section 9.
(b) You may terminate these Terms of Use by canceling your account, deleting the App and all copies thereof from your Device, and ceasing use of the Website. You may cancel your account at any time by following the instructions provided in the App or on the Website, or by contacting support@storhous.net.
(c) The Company may terminate these Terms of Use at any time without notice. In addition, these Terms of Use will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use.
(d) Upon termination:
(i) all rights granted to you under these Terms of Use will also terminate; and
(ii) you must cease all use of the App and Website and delete all copies of the App from your Device and account.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
16. Intellectual Property Rights
(a) The App and Website and their Content and Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
(b) No right, title, or interest in or to the App or Website or any Content and Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App or Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
17. Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
18. Changes to the Terms of Use
(a) We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App and Website thereafter.
(b) Your continued use of the App and Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Website from time to time so you are aware of any changes, as they are binding on you.
19. Disclaimer of Warranties
THE APP AND WEBSITE ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR WEBSITE OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
21. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the App or Website or your breach of these Terms of Use, including but not limited to the content you submit or make available through the App or Website.
22. Export Regulation
The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
23. Severability
If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.
24. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the App or Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the city and county of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
25. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP OR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
26. Entire Agreement
These Terms of Use and our Privacy Policy constitute the entire agreement between you and Company with respect to the App and Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App and Website.
27. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Use and any applicable purchase or other terms, these Terms of Use shall govern.