Terms of Use

1.1 Binding agreement. These Terms of Use (the "Terms") are a legally binding agreement between you and Marketing.Storage LLC, a Utah limited liability company doing business as Marketing.Storage ("Marketing.Storage," "we," "us," or "our"). They govern your access to and use of Websites.Storage™, including the portal at app.websites.storage, its related websites, tools, and features, every Site built or managed through it, and all related services (together, the "Service").

1.2 Acceptance. By clicking to accept these Terms, signing in, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, you may not access or use the Service.

1.3 Use on behalf of an organization. If you use the Service for a company or other organization (your "Organization"), you represent and warrant that you have authority to bind it to these Terms. In that case, "you" and "your" mean both you and your Organization, and your Organization is responsible for your compliance and for all activity under accounts it controls. If you do not have that authority, you may not use the Service.

1.4 Business use only. The Service is offered only for business purposes. You represent that you are at least 18 years old, that you are using the Service in a business capacity and not as a consumer, and that you are not barred from using it under any applicable law.

1.5 Signed agreements. Section 22 explains how these Terms relate to any signed agreement between your Organization and Marketing.Storage.

Capitalized terms have the meanings below or where they first appear.

• "Account" means the credentials, profile, and access issued to an Authorized User.
• "Authorized User" means an individual whom Marketing.Storage or an Organization admin has invited and permitted to access the Service.
• "Customer" means any business on whose behalf a Site is requested, built, published, changed, or managed, such as a self-storage operator that is a customer of your Organization.
• "Customer Content" means all names, logos, trademarks, text, images, addresses, phone numbers, business information, and other materials submitted to the Service by you or for a Customer.
• "Marketing.Storage Materials" means the Service and all software, code, scripts, widgets, components, templates, designs, layouts, styles, workflows, data models, documentation, and other materials we provide or create in providing the Service, and all improvements to them, excluding Customer Content.
• "Site" means any website, page, or web property created, hosted, published, changed, or managed through the Service, including Twilio compliance sites.
• "Third-Party Services" means products and services not provided by Marketing.Storage, including website platforms, hosting, content delivery, domain and DNS services, email delivery, messaging providers such as Twilio, mobile carriers and registries, facility management software, and analytics tools.
• "Usage Records" means our records of activity in the Service, including sign-ins, builds, changes, confirmations, token amounts, and audit logs.

3.1 Current Service. The Service currently lets Authorized Users request, build, publish, track, and manage websites created to support a Customer's application to send business text messages ("Twilio compliance sites"), including generated privacy policy and terms pages, along with related account, team, and reporting tools.

3.2 Additional Services. We may add features and services at any time, including full website builds, website updates and content edits, content management tools, licensed widgets and components, request and ticket management, reporting, and analytics (each an "Additional Service"). These Terms govern every Additional Service. Some Additional Services may come with supplemental terms that we present when you first use them; those supplemental terms control for that Additional Service if they conflict with these Terms.

3.3 Changes to the Service. We may modify, add to, suspend, or discontinue any part of the Service at any time, with or without notice. This includes features, templates, layouts, hosting periods, limits, and supported Third-Party Services. We are not liable to you or anyone else for any modification, suspension, or discontinuation.

3.4 Limits. We may set and change limits on use of the Service, such as the number of builds per day, per Organization, or per Authorized User, hosting periods, file sizes, and storage. Limits shown in the Service may change without notice.

3.5 Preview features. Features labeled beta, preview, pilot, or similar are provided as is, may change or be withdrawn at any time, and are excluded from any commitment in any agreement.

3.6 Our discretion. We may decline to build, publish, change, or continue hosting any Site, for any reason or no reason.

4.1 Invitation only. Accounts are created only by Marketing.Storage or by an admin of your Organization. There is no public sign-up.

4.2 Sign-in links. We sign you in with single-use, time-limited links sent to your email. Sign-in links and sessions are personal to you. You may not forward a sign-in link, share your Account, or let anyone else use it. Anyone with access to your email may be able to access your Account, so you must keep your email account secure.

4.3 Responsibility for Accounts. You and your Organization are responsible for all activity under your Account and your Organization's Accounts, whether or not you authorized it, until you notify us of unauthorized use as required by Section 4.4.

4.4 Notice of unauthorized use. You must notify us right away at support@marketing.storage or (385) 501-2374 if you learn or suspect that an Account, sign-in link, or email account has been compromised or used without authorization.

4.5 Organization admins. Admins can add, deactivate, and delete their Organization's Authorized Users and can view their Organization's Sites and activity. Your Organization is responsible for managing its Authorized Users, including promptly deactivating anyone who leaves or should no longer have access. We may act on any instruction we reasonably believe comes from an Organization admin.

4.6 Accurate information. You must provide accurate, current information for your Account and keep it up to date.

4.7 Our controls. We may require re-authentication, limit sessions, or suspend, deactivate, or delete any Account at any time, including to protect the Service, a Customer, or another user.

5.1 Your promises about every Site. Each time you submit a request to build, publish, or change a Site, you represent and warrant that:

1. the Customer has requested and authorized that Site and that change;
2. you have all rights, licenses, consents, and permissions needed to submit the Customer Content and to grant the licenses in these Terms;
3. the Customer Content is accurate, complete, and not misleading, and you will promptly correct it if it becomes inaccurate; and
4. the Customer Content and the Site's intended use do not infringe, misappropriate, or violate anyone's intellectual property, privacy, publicity, or other rights, and comply with all applicable laws.

5.2 Confirmation records. The Service may ask you to confirm these promises before a build. Our Usage Records of your confirmations, including the time and the Account used, may be relied on as evidence that you made them.

5.3 License to Marketing.Storage. You grant, and will ensure each Customer has granted, Marketing.Storage and its service providers a worldwide, non-exclusive, royalty-free, fully paid license to host, store, copy, process, adapt, modify, publish, display, and distribute Customer Content as needed to provide, maintain, secure, support, and improve the Service, to keep Usage Records, and to comply with law. Modifications include resizing, reformatting, converting file types, and extracting colors from logos. This license may be sublicensed to our service providers, transfers with our business, and continues for as long as we host the related Site and afterward for backup, archive, audit, billing, and legal purposes.

5.4 Ownership of Customer Content. As between the parties, Customer Content remains the property of you, your Organization, or the Customer, as applicable. Section 10 governs everything else.

5.5 No duty to review. We do not review Customer Content before it is published and are not responsible for it. We may, but are not required to, review, refuse, edit, or remove any Customer Content or Site at any time.

5.6 Generated legal pages are templates. Privacy policies, terms, and similar pages generated for Sites are template text provided for convenience. They are not legal advice and are not tailored to any Customer. The Customer is solely responsible for reviewing and approving them and for making sure they are accurate, complete, and lawful for its business and messaging program. We make no representation that any generated page satisfies any law, regulation, carrier rule, or Twilio requirement.

6.1 Prohibited conduct. You will not, and will not let anyone else:

1. use the Service in violation of any law, regulation, or third-party right;
2. submit or publish content that is unlawful, false, deceptive, defamatory, fraudulent, obscene, harassing, hateful, or infringing, or that promotes illegal activity;
3. build or change a Site for a business that has not authorized it, or impersonate any person or business;
4. use the Service or any Site to support spam or unlawful messaging, or any calling, texting, or email program that violates the Telephone Consumer Protection Act, the CAN-SPAM Act, the Telemarketing Sales Rule, state telemarketing and texting laws, CTIA guidelines, carrier policies, or Twilio's acceptable use policies;
5. upload or transmit viruses, malware, or any code designed to damage, disrupt, or gain unauthorized access to any system;
6. probe, scan, or test the vulnerability of the Service, or breach or circumvent any security, authentication, rate limit, usage limit, or licensing control, without our prior written permission;
7. access any Account, Site, data, or Organization that is not yours;
8. reverse engineer, decompile, disassemble, decode, or otherwise try to derive the source code, widget logic, templates, or underlying structure of the Service or any Marketing.Storage Materials, except to the extent applicable law prohibits this restriction;
9. copy, frame, mirror, scrape, crawl, or harvest any part of the Service, or access it through bots, scripts, or other automated means, except through interfaces we provide for that purpose;
10. remove or alter any proprietary notice, licensing code, or attribution;
11. sell, resell, sublicense, rent, lease, or time-share the Service, or use it to run a service bureau for others;
12. use the Service or Marketing.Storage Materials to build, train, or benchmark a competing product or service;
13. interfere with or disrupt the Service or its infrastructure, or place an unreasonable load on it;
14. collect personal information about other users of the Service; or
15. help or encourage anyone to do any of the above.

6.2 Security reports. If you find a security issue, report it to support@marketing.storage and do not exploit or disclose it. Testing the Service's security is allowed only with our prior written permission.

6.3 Enforcement. We may investigate any suspected violation, remove content, unpublish Sites, suspend or terminate access, preserve evidence, and report activity to and cooperate with law enforcement, regulators, carriers, and Third-Party Services.

7.1 The Service depends on others. The Service relies on Third-Party Services that we do not own or control, including website platforms, hosting, content delivery, DNS, email delivery, messaging providers, mobile carriers, and registries.

7.2 No responsibility for Third-Party Services. We are not responsible for the availability, performance, security, data handling, pricing, policies, or decisions of any Third-Party Service, or for any change, suspension, or discontinuation of one. This includes any decision by a messaging provider, carrier, or registry to approve, reject, delay, suspend, throttle, or block a registration, campaign, number, or message.

7.3 Third-party terms and accounts. Use of a Third-Party Service is governed by that provider's terms. Each Customer is solely responsible for its own accounts, registrations, and obligations with Third-Party Services, including its Twilio account and any business and campaign registration for text messaging.

7.4 Changes by providers. If a Third-Party Service changes, raises prices, restricts access, or stops operating, we may change or discontinue the affected parts of the Service without liability.

7.5 Trademarks of others. Twilio and other third-party names are trademarks of their owners. Their mention does not imply any affiliation with or endorsement of Marketing.Storage.

8.1 Hosting period. Each Site is hosted for the period shown in the Service when it is built, or another period we set, and may be extended at our discretion. When the hosting period ends, the Site may be unpublished automatically without further notice.

8.2 Unpublishing and removal. We may unpublish, suspend, or remove any Site at any time, with or without notice, including when the hosting period ends, when these Terms or a law may have been violated, when we receive a complaint or legal request, when a Site poses a security, legal, or reputational risk, when fees go unpaid, or when a Third-Party Service requires it. We have no obligation to keep copies of an unpublished Site or its Customer Content.

8.3 Addresses. Sites may be hosted at domains, subdomains, or addresses that we or our providers control. You and the Customer acquire no rights in those addresses, and they may change.

8.4 No guarantee of approval. We do not guarantee that any Site will be accepted by Twilio, any carrier, any registry, or anyone else, or that any messaging registration will be approved, stay approved, or avoid suspension. Those decisions are made solely by third parties. Each Customer remains solely responsible for its messaging program's compliance with law and with provider and carrier rules, including consent, opt-out handling, message content, and recordkeeping. Marketing.Storage does not send messages for any Customer and is not the sender of any message.

8.5 No business results. Twilio compliance sites are temporary and are not a substitute for a Customer's own website. We make no promise about search rankings, traffic, leads, rentals, revenue, or any other business result from any Site.

8.6 Report problems. You must tell us promptly about any inaccurate, unauthorized, or unlawful content on a Site. We may correct or unpublish the Site.

9.1 Fees are set by agreement. Fees for the Service, including any token-based pricing, are set in a separate signed agreement, order, or invoice between your Organization and Marketing.Storage. These Terms do not make any individual Authorized User personally liable for fees.

9.2 Usage Records control. We record usage of the Service, including Sites built and the token amount for each. Unless your Organization's signed agreement says otherwise, our Usage Records are the basis for fees and are presumed accurate absent manifest error.

9.3 Rate changes. We may change token amounts and other rates for future use as permitted by your Organization's agreement. A rate change applies only to Sites published after the change takes effect.

9.4 Billing disputes. Your Organization must notify us in writing of any good-faith billing dispute within 30 days after the invoice date, with enough detail for us to investigate. Amounts not disputed in that time are final.

9.5 Taxes. Your Organization is responsible for all sales, use, and similar taxes on fees, other than taxes on our income.

9.6 Suspension for nonpayment. We may suspend the Service or unpublish Sites if undisputed fees are past due.

9.7 Fees may not be displayed. The Service may not show fees or token amounts to Authorized Users. That does not mean the Service is free.

10.1 Our ownership. Marketing.Storage and its licensors own all right, title, and interest in the Service and all Marketing.Storage Materials, including all intellectual property rights in them. This includes the designs, layouts, templates, widgets, code, and structure of every Site, but not Customer Content. All rights not expressly granted in these Terms are reserved.

10.2 Your license to use the Service. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during your access period, solely for your Organization's internal business purposes.

10.3 Sites. A Customer receives only a limited, revocable right to have its Site displayed during the hosting period. No ownership of any Marketing.Storage Materials in a Site passes to anyone. Any transfer of a Site to another account or owner requires a separate signed agreement and is subject to our site transfer terms, which may require either a limited-use license for our components or their removal before transfer.

10.4 Trademarks. Websites.Storage™, Marketing.Storage™, and our logos are trademarks of Marketing.Storage. You may not use them without our prior written permission.

10.5 Feedback. If you give us ideas, suggestions, or other feedback, we may use them for any purpose without obligation to you. You grant us a perpetual, irrevocable, worldwide, royalty-free license to do so.

10.6 Aggregated data. We may collect, use, and share aggregated and de-identified data about use of the Service to operate, secure, improve, and develop our products and services, as long as it does not identify you, your Organization, or a Customer.

10.7 No implied rights. No license or right is granted by implication, estoppel, or otherwise, except as expressly stated in these Terms.

11.1 What is confidential. "Confidential Information" means non-public information about the Service and Marketing.Storage, including its architecture, workflows, widgets, templates, vendors, pricing, token rates, Usage Records, security practices, and plans, and any information marked or reasonably understood to be confidential.

11.2 Your obligations. You will use Confidential Information only to use the Service, disclose it only to your Organization's personnel who need to know it and are bound by confidentiality duties at least as protective as these, and protect it with at least reasonable care.

11.3 Exceptions. These obligations do not apply to information that is or becomes public through no fault of yours, that you already knew without a duty of confidentiality, that you develop independently, or that you lawfully receive from a third party without restriction. If law requires you to disclose Confidential Information, you will give us prompt notice, if legally allowed, so we can seek protection.

11.4 Duration. These obligations continue for five years after your access ends, and for trade secrets, for as long as they remain trade secrets. You will return or destroy Confidential Information on our request.

12.1 Privacy Policy. Our Privacy Policy explains how we handle personal information about Authorized Users.

12.2 Personal information in Customer Content. You are responsible for having a lawful basis, and any required notices and consents, for personal information you submit. Do not submit sensitive information, such as Social Security numbers, government ID numbers, financial account or payment card numbers, or health information, unless the Service specifically asks for it.

12.3 Activity records. We record activity in the Service, including sign-ins, IP addresses, device and browser information, confirmations, and actions taken, for security, audit, billing, support, and legal purposes. You consent to this monitoring and recordkeeping.

12.4 Who can see your activity. Your Organization's admins and Marketing.Storage can view Accounts, Sites, and activity within your Organization.

12.5 Retention. We may keep data, including data about deactivated or deleted users and unpublished Sites, as long as reasonably needed for audit, billing, security, backup, dispute, and legal purposes. Deleted data may remain in backups until they cycle out.

12.6 Legal requests. We may access, preserve, and disclose information if we believe in good faith that it is required by law or legal process, or needed to protect the rights, property, or safety of Marketing.Storage, our users, Customers, or the public.

13.1 Our measures. We use commercially reasonable safeguards designed to protect the Service and data. No system is perfectly secure, and we do not guarantee that unauthorized access, loss, alteration, or interception will never happen.

13.2 Your measures. You must keep your devices and email secure, never share sign-in links, and report suspected incidents under Section 4.4.

13.3 Incidents. We will notify affected parties of security incidents as required by applicable law. We are not responsible for incidents caused by you, your Organization, your email provider, or any Third-Party Service.

14.1 No uptime promise. We do not promise that the Service or any Site will be available at any particular time or without interruption. The Service may be unavailable for scheduled or emergency maintenance, or because of internet, provider, or infrastructure problems, attacks, or other causes.

14.2 Keep your own copies. You are responsible for keeping copies of Customer Content you submit. We are not liable for any loss, corruption, or deletion of data, Customer Content, or Sites, except to the extent caused by our gross negligence or willful misconduct.

14.3 Support. We provide support as we choose, unless a signed agreement requires more.

14.4 Accessibility. We aim to meet WCAG 2.1 Level AA in the portal and in Sites, but we do not warrant that the Service or any Site meets any accessibility standard.

15.1 THE SERVICE, ALL SITES, ALL GENERATED CONTENT, AND ALL MARKETING.STORAGE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETING.STORAGE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

15.2 WITHOUT LIMITING SECTION 15.1, MARKETING.STORAGE DOES NOT WARRANT THAT THE SERVICE OR ANY SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DATA WILL NOT BE LOST; THAT ANY SITE OR GENERATED PAGE WILL COMPLY WITH ANY LAW, REGULATION, ACCESSIBILITY STANDARD, CARRIER RULE, OR THIRD-PARTY REQUIREMENT; THAT ANY MESSAGING REGISTRATION WILL BE APPROVED OR MAINTAINED; OR THAT USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR RESULT.

15.3 NOTHING IN THE SERVICE IS LEGAL, COMPLIANCE, OR REGULATORY ADVICE. MARKETING.STORAGE IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICE OR FOR ANY CONTENT SUBMITTED BY YOU, YOUR ORGANIZATION, OR ANY CUSTOMER.

15.4 Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you. In that case, the exclusions apply to the fullest extent permitted.

16.1 Excluded damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MARKETING.STORAGE OR ANY MARKETING.STORAGE PARTY (DEFINED IN SECTION 17.1) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR ANY DENIAL, DELAY, SUSPENSION, FINE, OR FEE RELATED TO A MESSAGING REGISTRATION OR CAMPAIGN, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF MARKETING.STORAGE AND ALL MARKETING.STORAGE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY SITE WILL NOT EXCEED THE GREATER OF (A) THE FEES ACTUALLY PAID BY YOUR ORGANIZATION TO MARKETING.STORAGE FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

16.3 Applies to all claims. These limits apply to every theory of liability, whether contract, tort (including negligence), strict liability, statute, or otherwise, and even if any limited remedy fails of its essential purpose.

16.4 Basis of the bargain. You agree that these disclaimers and limits are an essential basis of the bargain between you and Marketing.Storage, and that we would not provide the Service without them.

16.5 Time to bring claims. Any claim against Marketing.Storage must be brought within one (1) year after it arises, or it is permanently barred.

17.1 Your indemnity. You and your Organization will defend, indemnify, and hold harmless Marketing.Storage, its affiliates, and their respective owners, members, managers, officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns (each a "Marketing.Storage Party") from and against any and all claims, demands, suits, actions, investigations, and proceedings, including those brought by regulators, carriers, messaging providers, Customers, and other third parties (each a "Claim"), and all resulting losses, damages, liabilities, judgments, settlements, fines, penalties, carrier and provider fees, costs, and expenses, including reasonable attorneys' fees and costs ("Losses"), arising out of or relating to:

1. access to or use of the Service by you, your Organization, or any of its Authorized Users;
2. any Customer Content, including any Claim that it infringes, misappropriates, or violates any intellectual property, privacy, publicity, or other right, or is inaccurate or unlawful;
3. any Site requested, built, published, or changed by you or for your Organization, and the business, products, services, or operations of any Customer;
4. any texting, calling, email, or marketing program of you, your Organization, or any Customer, including Claims under the Telephone Consumer Protection Act, the CAN-SPAM Act, the Telemarketing Sales Rule, state telemarketing and texting laws, and carrier and messaging provider rules;
5. any breach of these Terms, any representation or warranty you make, or any applicable law by you, your Organization, or its Authorized Users;
6. any dispute between you, your Organization, any Authorized User, and any Customer;
7. the negligence, fraud, or willful misconduct of you, your Organization, or its Authorized Users; or
8. any use of an Account by any person, if the use resulted from failure to keep the Account or the related email account secure.

17.2 Procedure. We will notify you of a Claim for which we seek indemnity; a delay in notice relieves you of your obligations only to the extent the delay materially prejudices you. We may choose to control the defense and settlement of any Claim at your expense, or to participate in the defense with counsel of our choosing at our own expense. You will not settle any Claim without our prior written consent if the settlement imposes any obligation on, or admits fault by, any Marketing.Storage Party. You will cooperate fully in the defense of any Claim.

17.3 Not limited by the cap. Your indemnity obligations are not subject to the limitation of liability in Section 16.

18.1 Events beyond our control. Marketing.Storage is not liable for any delay or failure to perform caused by events beyond its reasonable control, including:

• acts of God, fire, flood, earthquake, storms, and other natural disasters;
• pandemics, epidemics, and public health orders;
• war, terrorism, civil unrest, labor disputes, government action, sanctions, export controls, and changes in law;
• failure, outage, degradation, or discontinuation of the internet, telecommunications, power, data centers, cloud hosting, content delivery, DNS, domain registrars, email providers, website platforms, messaging providers, carriers, registries, or any other Third-Party Service;
• cyberattacks, denial-of-service attacks, malware, ransomware, hacking, or other malicious acts by third parties, including security breaches at any Third-Party Service; and
• changes to, or decisions under, the rules of any carrier, registry, or messaging provider.

18.2 Effect. We will use commercially reasonable efforts to resume performance once the event ends. A force majeure event does not excuse your Organization's obligation to pay fees already owed.

19.1 By you. You may stop using the Service at any time. Your Organization's admin may deactivate your Account.

19.2 By us. We may suspend or terminate your access, any Account, or your Organization's access, and may unpublish any Site, at any time, with or without notice or cause. Reasons may include a breach of these Terms, a security or legal risk, a legal requirement, unpaid fees, the end of a signed agreement, or inactivity.

19.3 Effect. When access ends, all licenses granted to you end, Sites may be unpublished, and we may delete data as described in Section 12.5. Fees owed remain due.

19.4 Survival. Sections 2, 5.2 through 5.6, 6, 9, and 10 through 24, and any other provision that by its nature should survive, survive termination.

We may update these Terms at any time by posting a new version with a new effective date. For material changes, we will give notice through the Service or by email and may require you to accept the new version before continuing. Continued use after the effective date means you accept the change. If you do not agree, stop using the Service. Changes do not apply to disputes that arose before the change took effect.

21.1 Governing law. These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21.2 Venue. Except as provided in Section 21.4, the state and federal courts located in Utah County, Utah have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service. You consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.

21.3 Informal resolution first. Before filing any claim, the party bringing it must send written notice describing the dispute, and the parties will try in good faith to resolve it for at least 30 days.

21.4 Injunctive relief. Marketing.Storage may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, Confidential Information, or the security of the Service, without posting a bond and without proving actual damages. You agree that a breach of Sections 6, 10, or 11 would cause irreparable harm for which money damages would be inadequate.

21.5 Attorneys' fees. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees, costs, and expenses.

21.6 Jury and class waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL, AND ALL CLAIMS MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

If your Organization has a signed agreement with Marketing.Storage that covers the Service, that agreement controls over these Terms wherever they conflict. Otherwise, any supplemental terms for an Additional Service control for that Additional Service, then these Terms, then the Privacy Policy. Where a signed agreement is silent, these Terms apply.

23.1 Entire agreement. These Terms, the Privacy Policy, any supplemental terms, and any signed agreement are the entire agreement about the Service and replace all prior understandings about it.

23.2 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them freely, including in a merger, acquisition, or sale of assets. Any prohibited assignment is void.

23.3 Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect.

23.4 No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

23.5 Notices and electronic communications. We may send notices to the email address on your Account or through the Service. You must send notices to us at legal@marketing.storage and at Marketing.Storage LLC, 212 Crossroads Blvd, Suite 164, Saratoga Springs, UT 84045. You consent to receive communications electronically and agree that electronic notices, records, and signatures satisfy any legal requirement that they be in writing, under the federal E-SIGN Act and the Utah Uniform Electronic Transactions Act.

23.6 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.

23.7 Third-party beneficiaries. The Marketing.Storage Parties are intended beneficiaries of Sections 15 through 18. Otherwise, there are no third-party beneficiaries.

23.8 Export and sanctions. You will comply with all applicable export control and sanctions laws and will not use the Service in or for any sanctioned country or person.

23.9 Interpretation. "Including" means "including without limitation." Headings are for convenience only. These Terms will not be construed against the drafter. The English version controls.

23.10 Use outside the United States. The Service is operated from the United States. If you access it from another country, you do so on your own initiative and are responsible for complying with the laws that apply where you are. Your Organization is responsible for giving its personnel, wherever they are located, any notices and obtaining any consents that local law requires before their information is shared with us or processed in the United States. These Terms, including Section 21, apply to you regardless of where you are located.

Marketing.Storage LLC
212 Crossroads Blvd, Suite 164
Saratoga Springs, UT 84045
(385) 501-2374
Legal notices and privacy: legal@marketing.storage
Support, sign-in help, and security: support@marketing.storage