Storagewhale Terms of Use

The Storage Whale website, and any other website owned, operated, licensed or controlled by Storage Whale (collectively, the Website") are copyrighted works belonging to and operated by Storage Whale LLC its affiliates, licensors, and subsidiaries (collectively, "Storage Whale"). By accessing the Website, you indicate your acknowledgment and acceptance of these terms of use (the “Terms of Use" or “Terms”). These Terms of Use and the Website are subject to change by Storage Whale at any time in its sole discretion, and your continued use of the Website following modification constitutes your agreement to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Website or any Storage Whale service.

 

Copyright and Trademark

Storage Whale, the Storage Whale logo, and all trademarks and service marks listed on the Website, are trademarks and service marks of Storage Whale (collectively, the "Marks"). You are not granted any right to use Storage Whale’s Marks (including, without limitation, the layout of the Website), and all such items remain the exclusive property of Storage Whale. All material on the Website, including but not limited to, text, graphics, logos, images and audio clips (the "Content") is the sole property of Storage Whale and is protected by United States and international copyright laws. Subject to these Terms of Use, Storage Whale grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and view the Content on the Website. The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Storage Whale, except that you may download, print, distribute and use pages from the Website for your own informational, non-commercial purposes, provided that any copies of documents or pages from the Website must not alter the original Content and must include the Storage Whale copyright notice: © 2019 Storage Whale LLC. All rights reserved. Modification or use of the Content except as expressly provided herein is a violation of Storage Whale’s intellectual property rights.

 

External Links

Storage Whale may provide access to resources and links to other websites. When you access a non-Storage Whale website, even one that may contain the Storage Whale logo, you leave the Storage Whale Website and understand that it is independent from Storage Whale, and that Storage Whale has not reviewed nor is it responsible for the content of any linked websites. Storage Whale makes no representations whatsoever about such resources or other websites. The inclusion of any link to a website does not imply endorsement by Storage Whale of the website or their entities, products, or services. All warranties, conditions or other terms express or implied as to any such linked website, including without limitation as to accuracy, ownership, validity or legality of any content of a linked website, are hereby excluded. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

 

Acceptable Use.

The unlimited Storage Whale backup service is provided for you to backup one computer consisting of one internal hard drive; you may not backup more than one computer containing more than one internal hard drive per subscription. To ensure that your Storage Whale subscription remains active, you must not backup data on more than one internal hard drive. If you attempt to back up data on more than one computer or one internal hard drive per subscription you will be given a notice via email that your use is violating Storage Whale’s Acceptable Use Policy. If you do not conform your use of the Services to this Acceptable Use Policy within 10 days from the date of notice, your subscription will be immediately canceled, and data you have backed up will be deleted, with no prorated refund given. In the event of a cancellation due to a violation of this Acceptable Use policy, Storage Whale will not be responsible to you for any data lost or deleted by Storage Whale. All Storage Whale customers are required to use the any Storage Whale service lawfully.

 

Term and Termination

These Terms, and any posted revisions, remain in effect and apply to you as long as you continue to maintain a paid Storage Whale which has not been terminated by you or Storage Whale. These Terms may change with no advance notice and are effective immediately when posted on the Website. Your continued use of any Storage Whale service following any such modification to these Terms constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Website. If you do not agree to be bound by these Terms, you must stop using the Website and every Storage Whale service immediately. You may terminate your account at any time, for any reason, by following the instructions on the Website and discontinuing use of the all Storage Whale services. Storage Whale may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no longer have the right to continue to use any Storage Whale service, and you will no longer be able to access or restore any backed up data. Also, you specifically agree that after termination, Storage Whale has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from all Storage Whale systems.

 

 

 

Privacy

For an explanation of what information Storage Whale collects and how such information may be used and/or shared with others, please refer to our Privacy Policy located on the Website.

 

Disclaimer of Warranties and Limitation of Liability

The Website is provided by Storage Whale on an "as is" and "as available" basis. Storage Whale may make changes or improvements to the Content and functionality of the Website at any time, without prior notice to you. Storage Whale does not warrant that the Website or Content or any service provided by Storage Whale will be available at any particular time or location or that the Website is free of viruses or other harmful components. Storage Whale makes no representations about the technical accuracy or functionality of the Website or that the Content is accurate, error-free or up-to-date.

Storage Whale makes no representations or warranties of any kind, express or implied, including, but not limited to, fitness for a particular purpose, title, or non-infringement of third party rights or intellectual property. Unless otherwise agreed in writing, Storage Whale does not intend that your use of any Storage Whale Website or service will create any obligations to comply with the Health Insurance Portability and Accountability Act of 1996 and any related regulations (“HIPAA”), and Storage Whale makes no representations that the services satisfy hipaa requirements. You agree not to use the services in connection with any “protected health information” (as those terms are defined in HIPAA) unless agreed specifically in writing by Storage Whale. 

 

You agree to defend, indemnify, and hold Storage Whale, its members, managers, successors, attorneys, partners, and their respective affiliates, harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with your use of any Storage Whale product or service, your violation of these Terms, your violation of any third party right, including any intellectual property right, or any claim that use of your data caused damage to any third party. This indemnity obligation will survive the termination or expiration of your Storage Whale account and these Terms.

 

Storage Whale makes no warranties that your use of the Content on the Website will not infringe on the rights of others and assumes no liability or responsibility for errors or omissions in such Content. You expressly agree that your use of this Website is at your sole risk. You, and not Storage Whale, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising out of your use of this Website or use of any Storage Whale service. Additional terms and conditions applicable to Storage Whale’s services are available upon purchase of such services, or upon request.

 

In no event shall Storage Whale be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind, including, without limitation, those resulting from loss of use, data, or profits, whether or not Storage Whale, or you have been advised of the possibility of damages, on any theory of liability, arising out of or in connection with access to, use or performance of the Website, failure of the Website to operate, or any Content or other information provided in connection with the Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and you acknowledge that Storage Whale would not grant access to the Website or any service provided by Storage Whale without your agreement to this term. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you.

 

International Use

Storage Whale makes no representation that the Content on the Website is appropriate or available for use in locations outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website outside the United States do so on their own initiative and are responsible for compliance with local laws.

 

Governing Law

These Terms of Use shall be governed, construed, and enforced in accordance with the laws of the State of Utah without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with, these Terms of Use, shall be in the state or federal courts, as applicable, located in Salt Lake City, Utah or the County of Salt Lake, Utah. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled exclusively by arbitration administered by the American Arbitration Association, one arbitrator, in accordance with its Commercial Arbitration Rules, conducted in Salt Lake City, Utah, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This section shall apply to and require arbitration of all disputes, controversies, and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other people, or classes of individuals, entities, or other people. You agree that you will never join a class action lawsuit against Storage Whale.

 

Customer Service

Questions or comments regarding the Website may be submitted to [email protected]