Thank you for choosing MYLO, Inc.! We look forward to serving you. It is important that you carefully and thoroughly read this whole document, because it sets out your rights (and ours). Here, we set out the terms and conditions (the “Terms” or “Agreement”) that govern all use of www.getmylo.com and all of MYLO’s services, including any apps for your phone or tablet. These Terms form the moving and/or storage agreement between us as service providers and you (“User”) as the shipper and depositor. You (and we) are bound by the terms of this Agreement.

You understand that the term “the Services” means moving or transporting Your Belongings from one location to another, handling your Belongings at a single address, and/or storage of Your Belongings in our licensed storage facility. The term “the Services” also includes the administrative and logistical services related to the moving or storage of Your Belongings (including, but not limited to, scheduling, transportation, customer service, and security that may be provided to us or our agents, representatives, affiliates, and subcontractors). The term “the Services” does not include any arrangement (in any capacity) of services not related to moving or storage. We make the Services available to you only if you accept all of our policies — our Privacy Policy, Service Zones, Item Rules, Standard Pricing, Protection Plans, Limited Security Warranty, and these Terms (the “Agreement”). You should consider the Privacy Policy, Item Rules, Standard Pricing, Service Zones, Protection Plans, and Limited Security Warranty as a part of these Terms. (They are “incorporated by reference.”)

Throughout this Agreement, we will be referring a lot to all of your items that you move or store with MYLO (“Your Belongings”). To keep things short, sweet and clear, when we have to refer to any individual box, tote, oversized item, or piece of furniture (i.e., not all Your Belongings, but one individual container) that we are storing for you, we’ll call each of those an “Item”.

Please be advised: These Terms contain provisions that govern how claims that you and MYLO have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against MYLO to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

Any MYLO services you have signed up for will be automatically extended for successive renewal periods of the same duration as the term originally selected, at the then-current non-promotional rate. TO CHANGE OR RESIGN YOUR PAID SERVICES AT ANY TIME, YOU MUST ARRANGE FOR THE DELIVERY OF ALL OF YOUR BELONGINGS; IF YOU TERMINATE AUTOMATIC RENEWAL, YOUR ACCOUNT WILL BE SUBJECT TO THE “CANCELING YOUR ACCOUNT” SECTION BELOW. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, UPON ANY TERMINATION OF THIS AGREEMENT, MYLO WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

By agreeing to these Terms, you expressly acknowledge that you understand the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to be bound by these Terms, you may not use or access the Services.

YOUR USE OF MYLO

ELIGIBILITY

While corporate accounts for MYLO are available, individual users must be real live natural persons over the age of eighteen (18) years and competent to enter into contracts in their own name. You can’t be using MYLO for someone else. You must provide us with your legal name (i.e., the name that matches the one on your government-issued ID). You must be the owner of all property that we move or store for you as your requested Service. No one else can have an ownership interest in the property. In executing this Agreement you represent (or “warrant”) that you are the sole owner of the property to be moved by us and/or stored with us and have the right to move and/or store the property. You further warrant that no third party has a lien on the property that you move or store with MYLO.

You will only use MYLO for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party. You will only use MYLO in a manner that complies with all laws that apply to you. If your use of MYLO is prohibited by applicable laws, then you aren’t authorized to use MYLO. We can’t and won’t be responsible for your using components of the MYLO service in a way that breaks the law.

MYLO may agree to accept payments made on your behalf from a third party, at your request. Even if there is a third party making payments for you, you shall remain fully liable for all of your obligations to MYLO. Absent a separate written agreement signed by MYLO, such a paying party shall not become a third party beneficiary or have any rights to Your Belongings or any rights under this agreement.

ELECTRONIC CONTRACT

You agree that your order for the Services, made by clicking “Confirm Appointment,” “Book Now,” or a button with similar wording (which is your electronic signature) used to confirm your appointment, is your agreement to conduct transactions with us electronically, and is your affirmative consent to our use of an electronic record to provide or make available to you (whichever is required) any information required by any statute, regulation, or other rule of law to be in writing with respect to any transaction conducted with us. You will be responsible for any printing or storage of electronic records for your files and reference. When you place the order, our confirmation of your order will constitute our signature on this electronic agreement. We will send you our electronically signed confirmation when Your Belongings have been received into storage or after the conclusion of your moving service (respectfully, “Storage Receipt”, “Move Receipt”, and collectively, “Receipt”), and you clicking the “Confirm Appointment,” “Book Now,” or a button with similar wording, also will serve as your electronic acknowledgement of receiving the Receipt for your service. You agree that your acknowledgement of receiving the Receipt, will constitute your electronic signature on the document, and your acknowledgement that you were provided reasonable time to review and question your signed Receipt. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or this agreement.

PRIVACY

MYLO takes the privacy of its users very seriously. For the current MYLO Privacy Policy, please click here.

MYLO does not sell products or services for or to children, but only to adults who can legally contract with us and purchase the Services offered on our site with a credit card or other permitted payment method. If we learn we have collected personal information from someone under 18, we will delete that information as quickly as possible. If you believe that anyone under 18 may have provided us personal information, please contact us at [email protected].

MILITARY SERVICE STATUS

If you are a storage tenant or order storage services, it’s important that we know if you are in the Military, because there are special procedures applicable to storage for active duty service personnel. Here, “Military” means (i) a member of the US Army, US Navy, US Air Force, US Marine Corps, or US Coast Guard who is on active duty status (including reservists who are called on active duty) or who is absent from duty as a result of being wounded or being granted leave, (ii) a member of the National Guard who has received a specific type of activation orders, or (iii) an active service commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration.

If you are in the Military, you must immediately notify MYLO of changes in your Military status or assignment resulting in changes to your email address, mailing address, phone number or other contact information you previously provided to MYLO. Such notice may be made by contacting MYLO at [email protected] or by updating your profile online. If you are not currently in the Military, but become a member of the Military after executing this Agreement, you must contact us within thirty (30) days of becoming a member of the Military and provide your new/updated profile information. Of course, we do not expect you to provide us with information about confidential or classified field locations.

LOCAL SERVICE

MYLO is a local service, and the way that we provide the Services related to the moving or storage of Your Belongings will depend on the locations where Your Belongings are located at the time you initiate the Services (your “Local Service Area” or “Service Zone”). Your Local Service Area is determined either by the US Postal code or the street address you provide to initiate and effect the Services in accordance with our list of Service Zones.

The Services and operating hours of the storage facilities in the MYLO Network may vary by Service Zone at the sole discretion of MYLO. MYLO will have the right to use variable pricing based upon Service Zones given the varying costs of materials and resources in certain Service Zones. Your Local Service Area will impact the prices MYLO charges for the Services (as laid out in our Standard Pricing). You may request the provision of Services outside your Local Service Area, however, MYLO may provide such Services at a variable price to be determined by MYLO and approved by you prior to delivery. You understand and agree that MYLO is under no obligation to store Your Belongings in a specific location, but you will always have access to Your Belongings through our website and/or mobile application.

OUR WEBSITE AND APPS

All content included on MYLO (and the software that runs it) is the property of MYLO or MYLO’s licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content.

We own or license all content on our website and Application (defined below) including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not access or use (in any fashion, where use is interpreted as broadly as possible) content on MYLO without the express prior written consent of the respective owners.

Subject to these Terms and your compliance therewith, we grant you a limited non-exclusive, non-transferable, non-sublicensable license solely to access, display and use MYLO for your personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.

THINGS YOU CAN’T DO TO/WITH MYLO

No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can’t copy or monitor MYLO, or bypass or circumvent MYLO’s navigation or structural presentation.

You agree you won’t hack or try to hack our systems. You will not accept or try to gain unauthorized access to MYLO data, any part of MYLO, or to any other systems or networks connected to MYLO or to any MYLO server. This includes hacking, phishing, cracking, or any other illegitimate means.

You agree you won’t use MYLO in violation of any law, rule, or regulation.

You agree you won’t try to scan or test the vulnerability of MYLO, try to breach our security or authentication measures, or generally try to bypass our security.

You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanism to obtain information on any other user of or visitor to MYLO.

You promise not to do anything that could impose an unreasonable or disproportionately large load on MYLO or the systems it is connected to and runs on.

You agree not to decompile, reverse engineer, copy, modify, creative derivative works, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to MYLO.

You agree not to manipulate raw TCP/UDP streams or engage in other unauthorized conduct at the bit level. You will not forge headers or attempt to disguise the origins of messages or packets. You will not call our headquarters pretending to be someone else.

MYLO reserves the right to bar any additional activities that could be injurious to MYLO or its users. You will comply with any updated prohibitions.

WHAT HAPPENS WHEN YOU BREAK THE RULES

You are responsible for everything you do involving MYLO. To the fullest extent permitted by law, you agree to indemnify, defend, and hold us harmless (and all of our employees, affiliates, directors, officers, contractors, or anyone else we promise to similarly hold harmless) from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from: (i) violation of our Terms, Item Rules, or Privacy Policy, or (ii) the items you store with us.

MYLO may terminate your MYLO account at any time, with or without cause. If we terminate your account without cause, such termination will be subject to 30 days advance written notice (unless you waive your rights to such notice). In these circumstances, we will refund any pre-paid monthly fees and arrange for the return of your items back to you at our expense.

If we terminate your account for cause (such as violation of our Terms, Item Rules, or Privacy Policy), we will notify you of the termination, and you will have 30 days to collect Your Belongings at your cost via MYLO, subject to our Standard Pricing.

Notwithstanding our lien law rights or other applicable Terms, if you have placed specific items in MYLO in violation of our Terms (including our Item Rules) that may contaminate other items, put MYLO or the property of other customers at risk, or in any way pose a risk to human health, MYLO reserves the right to (i) terminate your account and/or (ii) quarantine or dispose of those items at your expense with no compensation owed to you. Where feasible, MYLO will attempt to contact you to arrange for quarantine (at your expense) or another way of resolving the hazard raised.

CANCELING YOUR ACCOUNT

You can begin the process of closing your account at any time by contacting MYLO support. (Any fees for delivery or a Minimum Commitment will still apply). You must arrange for any administrative costs (as set out in this Agreement) related to the discontinuance of the Services. You must continue to pay us your rent until all of Your Belongings have been returned to you. Similarly, you must pay us for any Services provided that have not been paid.

THE MYLO PLATFORMS

ABOUT MYLO AND THE COMPANY SERVICES

MYLO is a technology and communications company that matches individuals who are seeking local, regional, and other moving and storage services, or services related to moving and storage, with (i) employees, (ii) independent contractors, (iii) independent third party motor carriers, and/or (iv) licensed Storage Partners (collectively, “Service Providers”) who are capable and authorized to provide the requested Services. To perform services on MYLO’s Platform, Service Providers must graduate from MYLO’s Certified Training Program for their desired role, consent to background checks, performance tracking and, for additional quality assurance and safety, agree to abide by our Terms of Use for Service Providers and our Safety Rules and Regulations in compliance with federal (FMCSA) and state (DOT) requirements. MYLO’s Platforms monitor Service Provider performance, enhance communication between the relevant parties, and support our effort to provide best-in-class service.

To optimize routes, schedules, cost, and performance in your area, MYLO, in its sole discretion, may assign or dispatch any Service Provider who is qualified to operate in the MYLO Network to provide the requested services. MYLO is a referral and booking service that connects you, a User of the MYLO Platforms, with Service Providers. If your request for service is matched with an independent third party motor carrier (a “Third Party Provider”), you understand and agree that MYLO has orchestrated this match in its capacity as a licensed property broker and not that of a household goods mover or other transportation provider. You further acknowledge and understand that when MYLO arranges for a Third Party Provider to perform loading, unloading, transportation, or other moving-related services, MYLO is acting in its capacity as a property broker or booking agent (and not as a household goods broker or motor carrier). MYLO is not subject to the same laws and regulations applicable to household goods carriers when acting as a property broker and that, by obtaining Services through the MYLO Platforms, you may not be entitled to the same consumer protections afforded to consumers dealing with household goods movers. However, as stipulated in the Terms of our engagement with Service Providers (i, ii, iii, and iv), you acknowledge and agree that MYLO shall act as an intermediary and final arbiter on your behalf to adjudicate any claims or disputes that may arise between you and a Third Party Provider according to the terms of the Limited Security Warranty and Property Protections incorporated in these Terms. Except as otherwise provided herein, MYLO has no responsibility for any transportation services, loading or unloading services, moving related services, or other services provided on your behalf by a Third Party Provider. You further acknowledge that you obtain all Services from Third Party Providers at your own risk and agree to indemnify and hold MYLO harmless for any breach in contract that may occur between MYLO and a Third Party Provider who is reluctant to abide by the Terms of their engagement with MYLO to provide you with timely protections.

YOUR RESPONSIBILITIES, OUR RIGHTS, AND LIMITATIONS ON LIABILITY

ITEM RULES

We have rules about what you may or may not store as part of Your Belongings. These Item Rules  are part of the Agreement. If you are found to be in violation of the Item Rules, you will be in breach of this Agreement. MYLO may refuse to store any Item at the sole discretion of MYLO, even if that Item is not expressly forbidden by the Item Rules.

These Item Rules, Protection Plans, and Limited Security Warranty specifically mention the storage or moving of fragile items, valuables, and other special items. If you store or move fragile items with MYLO, those items are subject to additional policies and further limits on our liability. The policies outlined in the Item Rules, Protection Plans, and Limited Security Warranty are an integral part of this agreement. You agree to be governed by these policies.

PACKING YOUR BELONGINGS

Proper packing is essential to a good experience with MYLO. How you pack Your Belongings determines both the condition that it will be returned in and the limitations on our liability if something is damaged.

To ensure proper handling, any of Your Belongings that can fit into a standard size corrugated box, which are commonly about 1.5 cubic feet (small), 3.0 cubic feet (medium), or 4.5 (large) cubic feet in volume, should be fully packed in an appropriate box or container before your service team arrives at your appointment. For storage pickup, we recommend using our complimentary liner bags and/or MYLO totes when they are provided to pack Your Belongings before your appointment. We reserve the right to refuse to move, store, or accept any loose Item, or we may require that you purchase Supplies and/or use our totes for such items.

When packing into our totes, we strongly recommend you use our complimentary tote liner bags when available to improve your experience and avoid additional fees at your delivery.

If you elect to order our Packing Services, including the use of our totes, we share responsibility for safely and securely packing your items. Your Protection Plan determines the limits of our liability on items that we pack.

Unless you elect to use our packing services, you are responsible for safely and securely packing each Item (or otherwise protecting it with packing supplies and moving blankets). This includes packing Your Belongings so that it will not be damaged during the provision of the Services. You understand that the Item will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up an Item, you are making the statement (i.e., you “represent and warrant”) that the Item has been packed appropriately and is sturdy enough for the Services related to storage. You agree that MYLO is not responsible for any damage caused by or arising from your failure to properly pack your Item. Items that you pack yourself are only subject to the Basic Protection Plan. We reserve the right to refuse to move, store, or accept any Item that appears insufficiently sturdy or too poorly packed for the Service related to moving or storage, or we may require that you purchase Supplies and/or elect to use our Packing Services and/or waive or further limit our liability for the Item before we will move or store your Item.

For your safety, the wellbeing of our Operations team members, and the care of your belongings, we recommend packing no more than 50 pounds of your personal property into any single box, tote, or other container, including containers provided by MYLO. We reserve the right to refuse to accept any Item that we reasonably believe weighs more than 50 pounds. We also reserve the right to re-pack, or ask you to re-pack, any Item for our safety or for the safety of Your Belongings.

The preceding weight restriction does not apply to some furniture or other Items that are designed to be moved by more than one person. However, we may refuse to accept such Items that we reasonably believe to weigh more than 150 pounds.

If you have questions about how the weight restrictions might apply to Your Belongings, please contact our Customer Solutions team well in advance (and at least 24 hours before) your appointment.

GETTING READY FOR YOUR APPOINTMENT; BEING PRESENT AT APPOINTMENTS

Before your first appointment with MYLO, and from time to time afterwards if they change, you may be required to explicitly agree with the Terms. In addition, each time you (or your designee) give any Item to MYLO, it confirms that you have agreed to these Terms.

Before an appointment, you may also be required to verify your identity online or in person, in a manner determined by MYLO and communicated to you prior to your appointment. It is your responsibility to verify your identity.

Depending on the nature of your appointment, MYLO may ask you to confirm your appointment in advance by contacting you via the email or phone number in your online profile. It is your responsibility to respond and confirm your appointment, to accurately update details to the appointment, including but not limited to the Services to be rendered, the inventory of items subject to the Services related to moving or storage, and our ability to access your home.

Please make sure that your pickup and/or delivery will happen in a safe environment. This includes locations with evidence of contamination or infestation by bed bugs or other pests.

It is your responsibility to be home (or at the designated location of your appointment) or to otherwise make arrangements so that we can initiate the Services related to the storage of Your Belongings when you request a MYLO appointment (in any form).

You must be packed and organized before we initiate the Services. Appliances like AC units and refrigerators must be unplugged and dry. TVs and artwork should be removed from the wall. Cords should be coiled. We‘re not responsible for any damage to larger items that we deem to have not been properly packed, wrapped, or otherwise prepared for moving or storage. Please make sure there is a clear path to the street and any vehicle(s) used to transport Your Belongings. MYLO employees cannot remove doors from hinges or make other environmental alterations related to its provision of the Services.

If your building requires a Certificate of Insurance (“COI”) for MYLO to complete the Services, it is your responsibility to contact MYLO and request a COI at least two (2) business days in advance of your appointment.

If your building requires reservations for service elevators or loading docks, or other advance notice or preparations, it is your responsibility to make such arrangements.

If an appointment is delayed or its duration is extended due to your lack of preparation, applicable service fees will apply to the time we are delayed (delays caused by you are considered “on the clock”).

At its sole discretion, MYLO or its employees, agents, affiliates, directors, officers, representatives, and contractors may choose to cancel or decline to complete your appointment if you fail to be prepared for any reason enumerated above, including but not limited to your failure to state your agreement to the Terms or verify your identity in a manner satisfactory to MYLO, failure to confirm your appointment and its details, failure to provide a safe working environment, failure to be home or at the address provided and approved for an appointment, failure to be packed and provide access to Your Belongings, failure to request a required COI, and failure to reserve loading docks or service elevators. In addition, MYLO or its employees may choose to cancel or decline to initiate work on the Services if such completion would be outside of our typical operating procedures; if we have reason to believe you do not intend to use the Services in accordance with these Terms or meet your payment obligations; if we observe evidence of police action, unrest, criminal activity, or eviction; or for any other reason.

If an appointment is canceled or rescheduled after the free cancellation period, MYLO will charge you a cancellation, no-show, or rescheduling fee, as outlined in our Standard Pricing and/or communicated to you when you scheduled the appointment.

MYLO (including its employees, agents, representatives, subcontractors, or third-party providers) shall not be liable to you if MYLO or its employees, agents, representatives, or subcontractors discontinue provision of the Services for any reason.

If you request an appointment outside of your Local Service Area, a third party may assist in the provision of the Services. It is your responsibility to coordinate with the third party, to abide by their policies, and pay any fees owed to them due to the circumstances of the appointment, including but not limited to any administrative fees related to the provision of the Services.

CHANGE OF ADDRESS

In the event your email address, residence address, mailing address, billing address and/or phone number changes, you must update your online profile within ten (10) days of the change. Changes of e-mail address, or residence address, mailing address, and/or billing address changes cannot be made by any other method, including but not limited to email or by telephone. We are not responsible if you don’t receive a notice from us because your address changed and you did not update your online profile. You represent and warrant that you are the owner of any cell phone or mobile phone number contained in your online profile, and that you shall remove any cell phone or mobile phone number contained in your online profile if you surrender that number or transfer it to any other person. You further agree that we may contact you using any of the information contained in your online profile, including any listed cell phone or mobile phone number.

RIGHT TO ENTER, INSPECT AND MOVE YOUR BELONGINGS

As a standard part of our service, we require a photograph of each Item in storage. MYLO may (but is not required to) photograph any Item multiple times, including before and after it is wrapped and protected for storage. MYLO may open and inspect the contents of any container used to pack or prepare items for moving or storage and take overhead shots of the contents before, during, or after they are moved or stored. MYLO does not open other sealed containers for the purposes of providing photographs as part of our standard service. MYLO (and its agents, representatives, affiliates, and subcontractors) reserves the right to open and inspect any Item in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods or violation of Item Rules, or upon your default (see “Default” below) under this Agreement. Should MYLO (or its agents, representatives, affiliates, and subcontractors) receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove any seal from the relevant Item(s), allow your Item(s) to be searched, and, if applicable, the Item or its contents to be seized. Should MYLO (or its agents, representatives, and subcontractors) receive a subpoena, or a law officer or governmental agency requests documents or information about Your Belongings, you agree that we may provide such information or documents without incurring liability to you.

In furtherance of the Services you select, we will move Your Belongings and/or store Your Belongings in a licensed storage facility; however, you acknowledge and agree that at any time while you are storing Your Belongings with MYLO, we shall have the right, at our sole discretion, to move Your Belongings to another storage facility in the continental United States. In any event, you will have the right to view a photo inventory of Your Belongings and information on the condition of Your Belongings at any time by accessing your account on our website or in our mobile application. Any decision by MYLO to move Your Belongings that your store with us will not affect your financial obligations to us during the course of your time storing with MYLO.

TEMPERATURE & CLIMATE CONTROL

We will use commercially reasonable efforts to maintain the temperature of the facility in which your Items are stored between 55°F and 90°F. Other than temperature, Your Belongings will not be stored in a climate-controlled environment. The air flow, moisture level, and heat will not be regulated. We will take commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, because Your Belongings will not be stored in a completely climate-controlled environment, we cannot guarantee that mold or similar microorganisms may not develop on Your Belongings. We are not liable for the natural growth of mold, or mildew or similar microorganisms on Your Belongings. You assume the risk that mold or similar microorganisms could develop under these circumstances.

PROPERTY DISPUTES

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

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

LIABILITY FOR LOST OR DAMAGED GOODS

By executing this Agreement and using MYLO, you are agreeing that you have carefully reviewed our Protection Plans and Limited Security Warranty and that in the event that Your Belongings break or go missing, the liability for each Item by MYLO (including its employees, agents, representatives, affiliates, and subcontractors) will be limited to the amounts reflected in your applicable Protection Plan. If you store Belongings in MYLO that are worth more than the amount reflected in your Protection Plan, either individually or in the aggregate, you do so at your own risk.

THE LIMITATIONS ON LIABILITY OF MYLO (INCLUDING ITS EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, AND SUBCONTRACTORS) AS SET OUT IN OUR PROTECTION PLANS ARE A CRITICAL PART OF THIS AGREEMENT, AND BY EXECUTING THIS AGREEMENT YOU ACKNOWLEDGE THAT MYLO WOULD NOT OFFER SERVICES IN THEIR ABSENCE.

In the unfortunate event that something breaks or goes missing, MYLO has a claims process. The policies that govern that process are outlined in our Protection Plans and Limited Security Warranty.

INSURANCE, SOLE RECOURSE

MYLO agrees that it will cause you to be listed as an “additional insured” on MYLO’s liability insurance in regard to bodily injury or property damage claims that arise while MYLO’s employees or agents are in your home, office or other location, in furtherance of the Services related to the storage of Your Belongings. Your coverage as an additional insured will be subject to existing policy limits and will be subject to the terms, conditions and limitations of MYLO’s insurance policy. You agree that you will solely rely on available insurance to provide you a defense and indemnity in regard to any claim that arises out of MYLO’s work for you in your home, office or other location, even if MYLO’s insurer denies you coverage for any reason. You shall not have and shall not claim any right to contribution, indemnity, or a defense from MYLO in connection with any liability claim made against you, except as required by law. In the event that you suffer injury or damage to your property other than Your Belongings while MYLO’s employees or agents are in your home, office or other location packing or picking up Your Belongings, you agree that MYLO’s liability shall be limited to its available insurance limits, and you shall not collect any damages you suffer or any judgment you are awarded from MYLO’s non-insurance assets. In addition, upon a written request from you, MYLO agrees that your landlord (or other entity with a property interest in the location where we work) will be an additional insured under our general and automotive liability insurance. MYLO can confirm insurance coverage and applicable limits upon request to a Customer Solutions Agent.

INDEMNIFICATION

You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and to the fullest extent permitted by law, you shall indemnify and hold MYLO (including its employees, agents, representatives, affiliates, and subcontractors) harmless for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any of your Requests and your conduct with respect to the MYLO Platform, requesting or obtaining the Services, or your violation (or alleged violation) of these Terms or the rights of any third party or any person using your MYLO account.

PROPERTY INSURANCE

We do not maintain any insurance on your personal property that you can make a claim under. Insurance that applies above the limits you selected in your applicable Protection Plan is your sole responsibility. You have the option of obtaining your own personal coverage for your items stored in MYLO, and if you do not do so, you understand that MYLO will not be liable beyond the amounts and conditions in these Terms.

If Your Belongings are stored in the State of Minnesota: The property which you are putting in storage is not covered by insurance against fire or theft. You may contact Customer Solutions for instructions on placing insurance coverage for fire and theft on the deposited property.

WAIVER OF SUBROGATION

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

NO WARRANTIES

Neither MYLO, nor its licensors, suppliers, or subcontractors, make any representations nor warranties concerning any content contained in or accessed through the Services, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors, suppliers and subcontractors) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from MYLO or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY MYLO (AND ITS LICENSORS. SUPPLIERS, AND SUBCONTRACTORS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO LEGAL THEORY, SHALL MYLO, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF DISCLOSED BY YOU OR FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF (IN THE AGGREGATE) (A) $100.00 OR (B) THE LESSER OF (a) THE AGGREGATE LIMIT OF YOUR PROTECTION PLAN or (b) THE CURRENT VALUE (COST) OF ITEMS DAMAGED OR LOST, CAPPED AT OUR PER-ITEM LIABILITY MULTIPLIED BY THE NUMBER OF ITEMS INVOLVED OR OUR PER SHIPMENT TOTAL LIABILITY OR THE SUM OF THEIR DECLARED VALUE AS INVENTORIED IN THE SELECTED PROTECTION PLAN AND THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

PAYING FOR OUR SERVICES

TERM AND RENT

The period of time that this Agreement is in effect is called the “term”. The term begins when you sign or accept this Agreement and will continue on a month-to-month basis for storage tenants until terminated or until the Services are complete and payment obligations have been met if the Services you selected do not include storage.

If the Services ordered include storage, you shall pay rent to MYLO according to the Storage Plan and the Services you use. Rent must be paid when it is due, or you’ll be subject to a Delinquency Fee, denial of access, and ultimately a lien sale (see “Default” below). Rent must be paid in full, without any deductions, without prior notice or prompting from us. Rent is not refundable. The rent amount you must pay is the sum of the full amounts set out in the Standard Pricing that apply to your Storage Plan, including rent arising from the Minimum Commitment, plus any fees for the Services, plus any applicable sales and other taxes imposed by any taxing authority. You can always view the breakdown of your current and previous charges and past monthly invoices by accessing your account online.

For storage tenants, the rent, amounts and type of other fees and/or charges, may be adjusted by MYLO effective the month following notice by MYLO to you specifying the adjustment. Such notice will be given to you at least thirty (30) days prior to the first day on which the adjustment will be effective. (This basically means we can make changes if we give you a 30 day heads up.) Any such adjustment will not otherwise affect other terms of this Agreement and all other terms of this Agreement shall remain in full force and effect.

PAYMENT

You will pay us by providing a valid, unexpired credit or debit card (“Card”). We only accept credit and debit cards for all one-time and recurring charges. We do not accept prepaid cards, nor do we accept payment by cash, bank check, or certified check.

You agree that MYLO, or another company that we rely on, will save your Card information and will use it for any future charges. We will automatically charge your Card when rent or other payments are due and may also automatically attempt to charge outstanding unpaid charges on the Card. We are not responsible for any fees charged to you by your bank or Card issuer related to our successful or attempted charges to your Card (e.g., overdraft fees). If you want us to stop charging the Card, you need to notify us by providing us with details of a replacement card on your Account Settings page.

If we are unable to bill the Card, we will send you a notice and try again until the charge succeeds. It is your responsibility to ensure the Card remains valid and your rent is being paid.

When you provide personal data in connection with the Payment Services on MYLO’s Platform, Stripe receives that personal data and processes it in accordance with Privacy Policy. Accepting our Terms of Use, includes accepting the Stripe Connected Account Agreement.

Payment processing services that are provided on MYLO’s Platforms are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, or continuing to operate as a shipper or depositor on MYLO, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of MYLO enabling payment processing services through Stripe, you agree to provide MYLO accurate and complete information about you and/or your business, and you authorize MYLO to share it and transaction information related to your use of the payment processing services provided by Stripe.

DEFAULT; DENIAL OF ACCESS

You are required to make all rent payments and other payments when they are due. If you fail to pay rent or the cost for other services on time, in addition to any other conditions, it means you are in “default” under this Agreement.

You may (at our sole discretion) be denied access to Your Belongings in storage if you are in default.

We will make commercially reasonable efforts to inform you of your default and collect any rent or other payment that is due. If you remain in default, we will charge you additional fees per our Standard Pricing.

If you end up late on your payments, we may accept a full or partial payment of the rent or other outstanding fees, either using the Card or via another payment method of our choosing and communicated to you in writing. However, our acceptance of a partial payment does not make up for you being late (legally it does not “cure your default or waive or stop us from pursuing our remedies discussed in this Agreement and at law”). A partial payment will not release Your Belongings from any failure to pay (“default”) under this Agreement. Remember: You will not be able to access Your Belongings that are in storage when you are in default.

MYLO’S LIEN; DEFAULT

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

GENERAL

CHANGES TO OUR POLICIES

We reserve the right to change our Item Rules, these Terms, our Standard Pricing, our Service Zones, Protection Plans, our Privacy Policy, and our Limited Security Warranty immediately with no notice if the changes expand MYLO’s obligations, if the changes govern new Services being initially offered by MYLO, or if the changes reduce your obligations to MYLO.

Otherwise, we may modify, adjust, or change our Item Rules, these Terms, our Standard Pricing, our Service Zones, Protection Plans, our Privacy Policy, and our Limited Security Warranty at any time upon 30 days notice to you. The change will become effective 30 days following the notice. If we do change, adjust or modify our Item Rules, these Terms, or our Privacy Policy, we will send you a notice by email, postal mail, or SMS to the address provided by you in your online profile. It is your obligation to keep your online profile up to date and to review any notice sent by MYLO to you. Your continued use of MYLO will constitute an acceptance of the change.

TERMS THAT SURVIVE

Some parts of these Terms will continue to operate even after your account is terminated. All provisions of these Terms that by their nature could reasonably survive termination, shall survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability.

NO WAIVERS

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

SEVERABILITY

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

BUSINESS FAILURE

In the event that MYLO ceases operations while storing your Items, we will attempt to make reasonable efforts to return or deliver your Items to you, but cannot guarantee if and when such returns will occur. MYLO, its directors, officers, affiliates, or employees, will not be liable for any failure to return Customer Items in the event of a business failure.

TRANSFER

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

APPLE TERMS

These Terms apply to your use of all the Services, including the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application.

• Both you and MYLO acknowledge that the Terms are concluded between you and MYLO only, and not with Apple, and that Apple is not responsible for the Application or the Content;
• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
• You will only use the Application in connection with an Apple device that you own or control;
• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
• You acknowledge and agree that MYLO, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
• You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, MYLO, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• Both you and MYLO acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
• Both you and MYLO acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

DISPUTE RESOLUTION

These Terms are governed by and will be construed under the laws of the State of Minnesota, without regard to the conflicts of laws or provisions thereof, provided, however, that any auction or sale of Your Belongings will proceed in accordance with the requirements of the law of the State where Your Belongings are stored. 

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled through arbitration, in Minnesota, in English, before one arbitrator, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. Such Arbitration shall proceed before one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. You agree to participate in the binding arbitration in good faith and agree to be bound by the arbitrator’s award. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. As a condition precedent to initiating arbitration, making any claim and/or filing any suit, you shall provide MYLO (including its agents, representatives, affiliates, and subcontractors) with a reasonable opportunity to inspect the Items which are the basis of your claim. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted.

Notwithstanding the foregoing, for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect non-appearance-based arbitration with JAMS. In such an event, the arbitration shall be conducted by telephone or by videoconference, and the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

NO ARBITRATION, LAWSUIT OR OTHER ACTION MAY BE MAINTAINED BY YOU OR OTHERS AGAINST MYLO WITH RESPECT TO YOUR BELONGINGS UNLESS A TIMELY WRITTEN CLAIM HAS BEEN MADE AS PROVIDED IN THESE TERMS AND UNLESS YOU HAVE PROVIDED COMPANY WITH A REASONABLE OPPORTUNITY TO INSPECT YOUR BELONGINGS AND UNLESS SUCH LAWSUIT, ARBITRATION OR OTHER ACTION IS COMMENCED WITHIN THREE (3) MONTHS AFTER YOU LEARNED OR REASONABLY SHOULD HAVE LEARNED OF THE LOSS AND/OR DESTRUCTION OF AND/OR DAMAGE. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Minnesota. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MYLO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

ENTIRE AGREEMENT

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

Enforcement of these Terms is solely at MYLO’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances.

Contact Us

If you have any questions about these Terms, please email us at [email protected] or send a letter to:

MYLO, Inc.

30 S 9th St

Minneapolis, MN 55402