Terms of service
Anyway, read away!
Ducky Box is open to Corporations and Individuals, alike. However, individuals are limited to naturally living human beings over the age of eighteen (18). You cannot use Ducky Box for someone else, you must use it for your own use, and/or must be the owner of all property that you are storing or moving with us. By executing the agreement (by booking with us), you agree to the terms and conditions set forth herein and that you are the sole owner of the property that is being moved or to be stored with us. We reserve the right to refuse service to anyone within the law. Basically, don’t be disrespectful to us or our staff and you’ll be good.
Ducky Box is a local service. Depending on where you are moving to or currently living, it will dictate our ability to service you. (As of 5/1/2019) We are centered in downtown New Orleans, LA and have our primary service area of a 25 miles radius from our location. As we expand, our service area will expand. It is understood that there are delivery fees based on service areas. We will go outside of our service area, but will incur an increased delivery fee due to the nature of paying of our delivery drivers per mile. Currently we are covering over a 60 mile radius.
Customer agrees to keep the Ducky Boxes and all rented items including, but not limited to; dollies, printers, boxes, blankets, etc, in their care, custody and control during their rental period. The Customer agrees to keep it at their location, in transit, or in their custody in a safe and secure manner. The Customer accepts full responsibility for all loss and/or damage that may occur. If the Ducky Box is damaged during the Customer’s possession, the customer will pay for the full amount of the retail value of a new Ducky Box. Prices can be found on our website and ordering page and simply by asking us.
Customer understands that they are responsible for scheduling the pick-up and delivery of the order. Customer must be present at the appointment time for both the pick-up and delivery. The customer must give at least a 24 hours’ notice to reschedule appointments or there will be an additional delivery or cancellation fee of $100.
returning ducky boxes
Customer agrees to returning all of the Ducky Boxes and rented accessories by the agreed upon date. If the items are not returned, they will be billed as described in the invoice on a weekly basis or part thereof. If there is no communication or indication of additional weeks’ rental for a period of more than thirty (30) days, the Customer agrees to purchase all of the boxes in their possession at the cost of a new Ducky Box.
credit card authorization
Customer understands and agrees that Ducky Box L.L.C.. will have their 3rd party processor keep their credit card on file for the duration of their agreement. Customer acknowledges and authorizes Ducky Box L.L.C.. to charge any amount that is associated with the above terms and conditions of use.
All of our content on our website, apps, social media, logos, artwork, trademarks, etc is the property of Ducky Box L.L.C. or the Licensors that we have. All rights are reserved. This basically means, if you want to use any of our property, you need to ask for our permission. It is that simple. We have really cool designs and logos that we have procured or made and we want to make sure we are branded appropriately. So, we basically grant you a limited nonexclusive, non-transferable, non-sublicensable right to solely display and view our content for personal, non-Commercial use only. We will not allow you anything other than fair use and prohibit use for any other use unless expressly consented via a written contract. Just let us know how you want to use our stuff – We will probably let you because we are eager for exposure!
Okay, we know there are a ton of things you can do with our website, content, business, etc. We ask to simply not do it. We aren’t in business to have any of things happen, nor do we want them to. If we find out you’ve done them, our intent is to go after you with the fullest force of the law, and maybe some Italian goons we have on payroll (Only kidding!).
Don’t try and figure out what we didn’t include in our terms and exploit our oversight. If we didn’t expressly say something, it is either implied or you should ask if there is doubt. Hey, we aren’t perfect, but we don’t want to lose money at the expense of an oversight. If this is your method of operation, then be forewarned – This clause expressly states; do not take advantage of this and ask if there is something missing.
Any illegitimate means getting information through hacking, phishing, cracking, or whatever the terms are today, just don’t do it. We don’t have much in the way of information anyway – We keep credit card information with a 3rd party, our clients are rather boring people, and the employees and owners are boring people. Don’t be hacker
Spread the word of Ducky Box to the world. But, don’t try and crash our website with attacks from a server to bombard us with hits. It just isn’t cool. Again, we are a simple business – Not trying to do anything crazy. Why do you want to do harm? If you’d like, we can point you in the direction of some major banks that would be front page news if you were successful. Success on Ducky Box is pointless.
Don’t contact us in an attempt to get information about us for your own use. Check this out: We are business people. Do you want to start your own Moving Box Rental and Storage Company? Get in touch with us! Why reinvent the wheel? We want to spread all over the world, where people move to. So, we would like to partner. Want to find out more about our “secrets” (Believe me, there are none), just ask us.
We will take steps in banning you from using our services should we find that you break any of these rules. We don’t want to work with assholes. That is all.
We reserve the right to cancel your account at any time, with or without cause. Don’t worry, if we cancel your account without cause, we’ll give you a 30-day heads up. Who knows, we may be closing our doors or simply changing warehouses. Things happen! If this happens, we’ll take up the expense to get you your items back. If we cancel for a cause, you will be given 30-days to move your stuff at your expense. You had probably violated these terms in some capacity, and we’ll let you know exactly why.
If there are issues with your stuff, we may need to quarantine your items at a significantly increased cost to you. Perhaps you were storing fireworks with us (banned). If we find this out (bomb sniffing dogs), we will isolate your items and it would get costly. Keeping in mind that there are lien law rights, we will do everything in our power to simply get you back your stuff.
Okay, it is inevitable. Either you are renting Duckies or you are storing stuff with us. Either way, there may be a time where you need to cancel. It’s cool – We understand. You can contact us at any time to cancel. However, cancellation of an order to rent Duckies (as described above) requires 48 hours. There are still minimum fees and delivery fees that may apply. You will need to arrange for delivery, pick up, or disposal of your stuff in accordance with your agreement. There may be costs associated with this, in which case you are still 100% responsible for. There are no partial payments – So, you will be charged the full amount on a weekly basis until all items are returned, either rentals to us or your possessions to you. If we go more than 30-days without hearing from you (last communication), your items will be disposed of in an auction like manner. You will be responsible for all costs incurred including, but not limited to; delivery fees, pick up fees, out of area fees, purchase of duckies, dollies, etc. Because we accrue charges weekly, it is best you cancel by the end of the week so you do not accrue an additional week. A ducky or order that is kept on day 1 of the new billing week will incur a charge as if it was the entire week. But, notice that we charge weekly and not monthly – We are trying to help a brother out.
Like with anything in life, we have a list of rules you must abide by in order to store your items with us. All of these rules must be agreed upon prior to booking with Ducky Box. If you violate any of these rules, you are in breach of this agreement and immediately subject to cancellation. We reserve the right to refuse to store any Ducky at the sole discretion of Ducky Box, even if that Ducky Box is not expressly forbidden by the Storage Rules.
Just some advice, from us to you. While we don’t anticipate anyone breaking into our warehouse, it might happen. We have fences, locks, cameras, and some other things protecting your items. But, in the odd case it does happen, it’s best not to include some of these items in your Duckies: Personal information, passports, marriage certificates, drivers licenses, green cards, visas, birth certificates, etc, etc. Basically, the very important documents that people run home to get during a fire – Don’t store them in a Ducky. Also, don’t store any personal information like your social security number, mortgage information, date of birth, etc. It’s pretty simple. While we try our best to protect all of your personal items, things may happen. By accepting this agreement, you waive all rights and claims against Ducky Box, to the fullest extent of the law, for storing this information. Again, going back to the beginning – You are responsible for EVERYTHING. A simple rule for storing, zip-tie the lid on your Ducky! Place your name on the identification card.
Finally, be careful about storing fragile items. While we try not to break things, your items will be around many other Ducky Boxes that are often moved, jostled, shaken, stirred, and possibly dropped. We highly recommend not storing fragile items with us. However, if you do, you agree to waive all rights and claims against Ducky Box should your fragile items be damaged or break in any manner. You’ll see in our storage rules, we forbid these items. However, you may sneak some in, so we are sneaking this clause in.
Okay, we get it, you are trying to get the bang for your buck and pack your Duckies as close and tightly as possible. But, here are a few things. Pack them only up to about 45 pounds. Why? Well, more than that and you’ll throw your back out. No, seriously, don’t do it. Also, don’t overstuff your Ducky Boxes. The lids should close nice and evenly. We give you more than enough Duckies at a great price to allow for adequate packing. If you are storing Duckies with us, we reserve the right to refuse to accept a Ducky because of inadequate packing. Why? Because we don’t want our employees and contractors hurting themselves. Moreover, we may break something in your Ducky, and we don’t want that to happen. By using a Ducky Box, you are responsible for safely and securely packing your items in the Duckies so they will not be damaged during transit. If you are storing Duckies with us, you understand that your Ducky will be moved around from time to time in connection with pickup, delivery, and storage needs. You agree that Ducky Box is not responsible for any damage caused by or coming about due to your inadequate packing. Again, you are responsible for everything (Have you figured that out yet)? A simple rule, zip-tie the lid on your Ducky!
So, you’ve ordered and now you are ready for your Duckies. However, there are a few things to note. You are responsible to ensure that the delivery environment is safe for our employees/contractors to deliver the Duckies. Upon arrival, our employee/contractor will assess the environment. If there are any safety issues that are out of your control, you will not be responsible for cancellation or a reschedule. This holds true for hazards or an environment that you didn’t reasonably know would be unsafe within a 24-hour period. Some examples are; unsafe housing conditions due to weather within 24-hours of your delivery time, a construction environment that was caused by such weather events, hazardous road conditions. However, if there are hazards that are known and not represented to us upon time of scheduling your delivery/pickup, then you will be responsible for the cancellation or reschedule fees associated with this. There are a large number of things that can cause this. Please make sure that there are clear paths to your residence. There aren’t any obstacles that need to be cleared. If there are stairs or any other obstacles that are natural, there may be additional fees. Please know our employees/contractors will not do any dismantling of any part of a residence/building to make things easier. To put it simply, they come and drop off Duckies, pick them up and that is it. If additional work is needed, we will need to know prior to arriving. We reserve the right to cancel a delivery if this is not met and the delivery charge will be assessed if the aforementioned items aren’t met.
You’ve scheduled your drop off time, you know the driver is coming, and you must be there. Clear and simple. We give you a window when the delivery will take place and you will have the ability to communicate with the driver. You must be present at the location of drop off. There aren’t any last minute changes without additional change fees. When you confirm an appointment, you are agreeing to these terms. There are fees for late appointment showings and cancellations. Listen, we understand life happens. But, we are running a business. If we schedule a driver to come, we can’t simply change everyone’s appointment because you had something come up. You will be charged and will need to make arrangements for another date.
contact information changes
You are responsible to let us know if you have a change of address, email or physical mail, or phone number and give us 24-hours prior to the appointment time to change it. We aren’t responsible if you don’t receive any of our communications that you’ve given us.
inspection access granted
Ducky Box will comply with all laws in order to ensure there is no criminal activity being done. You agree to allow us the ability to access your Ducky, inspect the contents, and remove anything if there is an emergency, suspected criminal activity, suspected storage of prohibited goods, or if you have defaulted on the agreement in any manner. We don’t intend to go into your Ducky once it is sealed, however. But, if a drug sniffing dog comes around and law enforcement tells us we need to have the Ducky opened – It is going to be opened and you give us permission by agreeing to this contract. If we receive a search warrant or other documents from any law enforcement or government agency asking us to enter your Ducky, we will comply. Without incurring any liability to you, we may immediately remove your zip tie locks, allow your Ducky Box(es) to be searched, and the contents to be seized, if it is warranted. If we receive any kind of subpoena from a government agency asking about the contents of your Ducky, we will, without liability to you, share this information accordingly. You agree to allow us to give this information without incurring any liability to you.
You also agree to allow us to move your Ducky Box and possession’s contained within, to another warehouse facility with no liability to you. We may, at any time, move your possessions and this will not incur any additional fees or charges to you to do so.
Your Ducky Boxes will not be stored in a climate controlled warehouse. The temperatures will range given the season. We have no way to manage any of the external environment within the warehouses we use, at this time. There will be temperature, moisture, and air flow levels that are unpredictable. However, we will ensure that the warehouse is a commercially viable warehouse that is suitable for multiple means. The warehouse will also have adequate insurances in the rare cases that there are damages from unforeseen events from a hurricane, tornado, earthquake, volcano, or other activity. We will take all commercially viable steps to ensure the safety of your possessions including cameras, locks, and other safety measures. We cannot guarantee any growth of mold or microorganisms, mainly because they occur naturally in the environment. But, also because we aren’t microbiologists and have the resources to do so. That said, we are not liable for any natural or unnatural growth of mold or mildew or any similar microorganisms on your property. You assume the risk that mold and other microorganisms could develop under these circumstances.
Besides the circumstances listed herein (namely court orders or binding arbitration), we will not give anyone your property without your consent. That said, we don’t want to get in the middle of a property dispute. We follow contracts exactly how they are written. We will ask for anyone trying to claim your property to fill out a request form and submit it. In this form, there will be specific information that indemnifies Ducky Box for any liability and for all costs associated that result if the claim is wrong. The form will also outline that they will need to arbitrate with you in order to resolve the claim. As is typical in disputes like this, the loser will pay the winner’s attorney fees and costs associated with this.
By agreeing to the terms of the request, Ducky Box will provide you a copy of the claim along with a form to dispute the claim. As long as you dispute the claim, we won’t take any further action. You have the burden to respond and settle the claim outside of our business. You have 30-days to dispute the claim of ownership. If you do not respond, we will return the disputed property back 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. If we do not receive the Ducky Box within 30-days of dropping off, you agree to buy the box at the rate specified within. Put simply, if someone disputes anything you store and tries to get possession of it, there is a process. If you do not follow that process, within 30-days, we are giving you back the Ducky Box filled with your possessions. We expect that Ducky Box back in our possession within 30 days, or you authorize us to charge your credit card for the full retail amount of the Ducky Box. Bear in mind, you are still responsible for the weekly charges up until the point of purchasing.
You are executing this agreement by using Ducky Box and in doing so, you are agreeing that in any event that your stuff breaks, Ducky Box’s liability for each Ducky is limited to the amounts that are reflected in any insurance you elect. This also holds true for any items that may go missing. We aren’t saying that we will steal or break your stuff, but we don’t know what the future holds.
If you end up having valuable stuff in your Ducky that is worth more than the amount of your insurance plan, either individually or in the aggregate, you agree to take the risk upon yourself and hold Ducky Box harmless of any such damages. Some advice: often times your homeowners or renters insurance policy will cover items in storage. There are often times that even a credit card will offer this. Check out your benefits and insurance coverage and see if this applies.
If something does break, we have a process to make a claim. We will certainly be receptive to your concern and help you as best as we can, but we also need you to work with us, as it takes two to tango. We will need as much information as you possibly can give us about the extent of the damaged item, what the item was, and everything else that is in the form. We will do everything in our power to get through this process as fast as possible, but it could take up to four (4) to eight (8) weeks to get it done, especially if there were damages due to a 3rd party. We will try our best to get you a reimbursement, replacement or credit your account with the amount of the loss.
In the rare case that there is something missing, we will go through all of our records to figure out where it went. We use a detailed QR Code to track everything, so it must be somewhere. We ask for you to be patient and help work with us, as we keep very detailed records. If for some reason we can’t find your stuff, we will follow a similar process for your stuff breaking, outlined above. Don’t worry – We will find it.
limitations of liability; indemnity
To the fullest extent permitted by law, Ducky Box and its agents will have no responsibility to you or to any other person for any loss, liability, claim, expense, damage to property or injury to persons from any cause, including without limitation, Ducky Box's and/or its agent's active or passive acts, omissions, negligence or conversion, unless the loss is directly caused by Ducky Box's fault. Further, Ducky Box will have no liability to you for damages caused by an act of god, including an earthquake, hurricane, tornado, wild fire, or any other act of God that may come about.
recourse & insurance
Ducky Box employees/contractors/agent are going to have to go into your home, office, warehouse, or other location to drop off the Ducky Boxes. While in there, We will agree that you will be considered as an, “additional insured” under Ducky Box’s insurance. We don’t want it to happen, but accidents do happen. We might fall down your stairs, break something, and so on. You agree that Ducky Box will have no additional liability to you for any reason (other than gross negligence or intentional misconduct) arising out of the activities or omissions of its employees or agents. You understand that your sole recourse for any such damage or loss incurred during a drop off or pickup will be to seek coverage as an additional insured. In addition, upon a written request from you, Ducky Box agrees that your landlord (or other entity with a property interest in the location where we drop off/pick up Your Stuff) will be an additional insured under our insurance. Ducky Box can confirm insurance coverage upon request to a Customer Support Agent.
relationship and wrongful sale
Our relationship is one of lessor/lessee and owner/occupant, depending on the service you choose.
If, as a result of your actions or inaction, Ducky Box believes it is entitled to enforce its lien on Your Stuff and does so, Ducky Box’s liability for wrongful sale as a result of enforcing that lien is limited to the same limits as would apply if Your Stuff had broken or gone missing.
To the fullest extent permitted by law, you shall indemnify and hold Ducky Box and its agents harmless from any loss incurred by Ducky Box and its agents in any way arising out of Your Stuff and your use of Ducky Box.
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 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.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL DUCKY BOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF 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) i) IF YOU CREATED YOUR ACCOUNT BEFORE WE OFFERED PROTECTION PLANS AND HAVE NOT SELECTED A PROTECTION PLAN THE LESSER OF (a) THE AGGREGATE LIMIT or (b) THE CURRENT VALUE (COST) OF ITEMS DAMAGED OR LOST, CAPPED AT OUR PER-BOX LIABILITY MULTIPLIED BY THE NUMBER OF YOUR BINS INVOLVED ii) THE AMOUNT SPECIFIED UNDER YOUR PROTECTION PLAN. THESE LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
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 take possession of the Ducky Boxes. The term will continue on a week-to-week basis until terminated.
You shall pay rent weekly to Ducky Box. The first week’s rent must be paid in advance on the first day we drop off the Ducky Boxes, and weekly thereafter, or you'll be subject to a Delinquency Fee. Weekly rent must be paid in full, without any deductions, without prior notice or prompting from us. (This means we aren't required to send you an invoice or a billing statement – our job is to worry about Your Stuff; your job is to keep your Credit Card valid). The weekly rent amount you must pay is the sum of the full amounts set out in the Standard Pricing that apply to Your Stuff, plus any applicable sales and other taxes imposed by any taxing authority.
Your weekly "Billing Cycle" is based on the Thursday following the date we (or a third party partner) drop off the Ducky Boxes or otherwise agreed upon. So for example, if we drop off Ducky Boxes on a Friday, your "second week" begins on the following Thursday of the next week. Each Billing Cycle after that would fall on the Thursday after that. So, it is best to take delivery of Ducky Boxes on a Friday, as you will be paying for the first week up front, and the subsequent week after that on a Thursday. So, by doing that, you have one full week. Though, if you take possession of Ducky Boxes on a Wednesday, you’ll be charged again on Thursday for the following week. We are telling you how to best use our service: Take delivery on a Friday. It is the most popular day to receive Ducky Boxes, so it is advisable to schedule it then.
Ducky Box’s pricing is based in part on how long you keep Ducky Box rentals and, if you store stuff, on how long you keep your storage with us. We don’t have any minimum commitment times, and you pay exactly what is agreed upon in our pricing plan. Prices do vary and you will receive information when prices do change. Though there are no minimum times to rent, store, etc. we do urge you to make the best use of the time period you have Ducky Boxes, as there are other fees that may increase the overall charge. For example, if you are storing your items with us for 2 weeks, the delivery/pick up fee may make it cost prohibitive versus keeping your stuff with us for 6 months. Rent is non-refundable. Or as our lawyer likes to say it: Under no circumstance will you be entitled to a refund of a fee that is due or has been paid, which will be paid in weekly installments. Even if you get your Ducky Boxes delivered/picked up before your week is up, your rent will not go down, and you agree to pay Ducky Box for the remainder of your Commitment.
The weekly rent, amounts and type of other fees and/or charges, may be adjusted by Ducky Box effective the week following notice by Ducky Box 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.
Ducky Box, or another company that we rely on, will save your credit card or debit card information and will use it for any future charges. If you want us to stop billing that card, you need to notify us through your settings by providing us with details of a replacement card. We currently only accept the following payment methods for all one-time and recurring charges: American Express, Visa, Mastercard, Discover. However, we reserve the right to require payment by cash, bank check, or certified check should your account balance go past due.
If we are unable to bill your card, we'll send you a notice and try again in a few days. Late fees will be charged as soon as the event of late payment or delinquency occurs.
You are required to make all rental payments and other payments in a timely manner. Rent is due on or before the first day of your Billing Cycle, according to this Agreement. If you end up late on your payments, we may accept a partial payment of the rent or other outstanding fee. 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 Boxes from any failure to pay ("default") under this Agreement. Remember: You will not be able to access your Boxes when you are in default.
Please be very careful about letting us know if you lose your card or your credit card number changes.
default; denial of access
If you fail to pay rent or other fees on time, it means you are in "default" under this Agreement. You may (at our sole discretion) be denied access to the Ducky Box if you fail to pay rent by the due date.
ducky box lien's; default
DUCKY BOX HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU IN THE BOX 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. DUCKY BOX MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU IN THE BOX AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. DUCKY BOX WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE.
changes to our policy
We reserve the right to change our Storage Rules, these Terms, our Standard Pricing, our Service Zones, Protection Plans, and our Privacy Principles immediately with no notice if the changes expand Ducky Box’s obligations, if the changes govern new services being initially offered by Ducky Box, or if the changes reduce your obligations to Ducky Box.
Otherwise, we may modify, adjust, or change our Storage Rules, these Terms, our Standard Pricing, our Service Zones, Protection Plans, and our Privacy Principles at any time upon 30 days’ notice to you. The change will become effective the month following the notice. If we do change, adjust or modify our Storage Rules, these Terms or our Privacy Principles, we will send you a notice by email, postal mail, or SMS. It is your obligation to review the notice. Your continued use of Ducky Box 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.
The failure by you or Ducky Box to exercise any right under the Terms shall not form the basis for a waiver of that right.
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.
choice of law; jurisdiction
This Agreement and our relationship will be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to its conflict of law provisions or your actual state or country of residence. Subject to the arbitration clause immediately below, any claims, legal proceeding or litigation arising in connection with this Agreement, our relationship, or our services must be brought in a court of competent jurisdiction located in Orleans Parish, State of Louisiana, and you consent to the jurisdiction of such courts. This is a very important part of this Agreement. By executing this Agreement, you agree to the choice of law and jurisdiction discussed above. If you do not wish to be bound by this clause, do not execute this Agreement.
For all relief other than equitable or injunctive relief, any dispute arising with respect to your use of Ducky Box shall be settled by arbitration in accordance with the rules and procedures of JAMS arbitration and mediation service.
The arbitrator shall be selected by joint Agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in New Orleans, Louisiana, using the English language.
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 event, the arbitration shall be conducted by telephone or by video-conference; the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties; and any judgment on the award rendered by the arbitrator must be entered in a court of competent jurisdiction located in the State of Louisiana.
This clause is a very important part of this Agreement. By executing this Agreement, you agree to the arbitration requirement. If you do not wish to be bound by this clause, do not execute this 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 Ducky Box, 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 Storage Rules, Privacy Principles, Standard Pricing and Service Areas 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 Ducky Box 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.