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Before you can complete the registration process, please read and accept the User Agreement. If you do not agree to the terms of the User Agreement, you may not register or use the Storple.com website.
USER AGREEMENT Before you may become a registered user of www.storple.com (the "Site"), and use its related services and tools, you must read and accept all of the following terms in this Agreement with Storple LLC and the general policies for the Site. If you do not agree to the terms in this Agreement, you will not become a registered user of the Site and you may not use the Site. By registering on the Site and accepting this Agreement, you agree that this Agreement and our Privacy Policy will apply whenever you use our Site or services. This Agreement was effective for all users on January 01, 2010. The terms in sections 1-11 and 13-18 are applicable to a seller of Items (defined below); the terms in sections 12-18 are applicable to a buyer of Items. 1. Consignment. From time to time, you agree to consign and we agree to the consignment from you of items of personal property which meet our criteria that you want to sell (each an “Item”) on the World Wide Web internet site at www.storple.com (the "Site"). You agree that we may schedule appointments by potential buyers to view an Item for sale. You agree to promptly respond to e-mails or telephone calls on offers to purchase an Item and either accept or reject an offer to purchase. When an Item is sold on the Site, you agree to pay us a management fee of 15% of the purchase price for the Item. 2. Listing of Items. You agree to provide us with an accurate description and list price for each Item to be sold on the Site. You agree that an Item will not be listed for sale on the Site until you physically deliver the Item to us for review, inspection and confirmation that the Item matches the Item's description you posted on the Site. We are not obligated to accept an Item for sale. To the extent we accept an Item for sale, we will list an Item for sale on the Site and use commercially reasonable efforts to sell the Item. On certain Items, we may pay you a "Sales Price Advance" to be determined based on the ascertainable used value of the Item(s). The Sales Price Advance may be applied to your self-storage rent, if applicable, or be received by you in legal tender. If we accept an Item for sale, we will take physical possession of the Item and will store the Item in a segregated area while awaiting sale throughout the transaction period up to the time of pickup or shipment to a buyer. We will coordinate offers from buyers to you, your acceptance or rejection of an offer to a buyer, handle the pickup by a buyer or shipment to a buyer and buyer settlement. If the Item(s) is sold within the listing timeframe, all management fees and Sales Price Advance, if applicable, will be subtracted from the sale proceeds with the remainder paid to you. 3. Final Determination. We will make the final determination of whether any Item may be sold; provided, however, that we will not sell an Item for less than the List price set by you. We reserve the right to refuse to list any Item(s) for sale in our sole discretion. You agree that all Items to be taken by us are accepted by us on consignment. You may request an Item be returned, at your expense, except when such Item is already listed for sale on the Site. 4. Compliance with Policies. You agree to comply with all policies of the Site ("Policies"). If you violate any of the Policies, we may, in our sole discretion, choose to remove an Item, as well as any other Items being sold for you, from the Site and return the Item(s) to you. 5. Unsold Items. If an Item does not sell on the Site within a listing timeframe and you desire to reacquire physical possession of the Item without re-listing the Item for sale again, you will be required to repay the Sales Price Advance, if applicable, and a reasonable storage fee set by us. If an Item does not sell on the Site and you do not want to reacquire physical possession of the Item, you agree that we may re-list the Item with an adjusted list price. The proceeds of the sale, if any, after re-listing will be paid to you net of all management fees, storage fees, shipping and handling charges, if any, and Sales Price Advance, if applicable. In the event that an Item does not sell within a listing period and you do not respond to telephone calls, e-mails or notifications, you agree that the Item will be considered abandoned and we may dispose of the Item in our discretion with all proceeds, if any, retained by us. You agree that we have no liability to you with respect to any Items that are unsold or deemed abandoned. 6. Ownership. You represent and warrant that you own and have title, if applicable, to all the Items you listed on the Site free and clear of any liens and encumbrances and rights of others. Notwithstanding any consignment of Items to us, ownership and/or title to all Items will remain with you until the Item is delivered or shipped to a buyer or deemed abandoned as described in Section 5. 7. Risk of Loss; Reasonable Care. You will bear the risk of loss while Items are in our possession and until delivered to a buyer. Notwithstanding the foregoing, we will use reasonable care to protect any Items while in our possession and you agree to use reasonable care to protect any Items while in your possession. 8. Indemnification. You agree to defend, indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses (including but not limited to reasonable attorneys’ fees and costs incurred) arising out of or in connection with (a) any injury to person or property caused by any Item, (b) product liability claims relating to any Item, (c) claims that any Item, or other material provided by you infringes any right of publicity, right of privacy, trade mark, service mark, trade dress or other intellectual property rights or other rights of any third party or are defamatory or cast any person in a false light, (d) other claims relating to any Item or other material you provided, (e) any falsification of the description of any Item by you or (f) any breach of this Agreement by you. 9. Limitation of Liability. We will have no liability to you of any type or nature with respect to the List price of an Item, provided that we are not authorized to sell any Item for less than the List Price set by you. In no event will we be liable to you or any other third party for any consequential, indirect, incidental or special damages, including but not limited lost profits and revenues, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. 10. Sales and Use Taxes. You will be responsible for the collection and payment of sales taxes. To the extent we do not collect sales tax in any sale, you will be responsible for all sales and use taxes properly chargeable to you. You will comply with applicable sales and use tax laws, and will indemnify and hold us harmless for any sales and use taxes levied by any proper taxing authority on us that properly should have been paid by you. 11. Insurance. We do not carry insurance on the consigned Items. You agree to maintain fire, casualty and theft insurance on the consigned Items. 12. Purchase of Items. If you are a buyer, you may be able to schedule an appointment with us to see the Item in person. If an appointment is not available, that means the Item cannot be opened until it is paid for and picked up at our warehouse or that the Item has been sold. You agree to promptly pay for all purchased Items and any applicable shipping and handling charges. When you arrive at the warehouse to pick up your purchased Item, we make sure you are satisfied with the condition of the Item. If, for any reason, you are not satisfied with the condition of the Item, tell us before you leave the warehouse and we will refund your money, less a restocking fee, which we may/may not share with a seller. No refunds will be made after you leave the warehouse with your purchased Item(s). 13. Relationship of Parties. Nothing in this Agreement will create, or be deemed to imply the creation of, any partnership, joint venture, employee-employer, franchiser-franchisee or other relationship between the parties. Except as contemplated in this Agreement, no party will have the authority to incur any obligation, contractual or otherwise, in the name or on behalf of any other party. Each party will bear its own costs and expenses in connection with performance of this Agreement. 14. Confidentiality. We will not reveal your identity to a buyer, or the identity of a buyer to you, unless we are required to do so by a final binding order of a governmental agency or a court of competent jurisdiction. 15. Notices. All notices which may be given in connection with this Agreement will be deemed delivered if given in writing by U.S. mail, certified or registered, postage prepaid; by e-mail to the e-mail address you provided to us during the registration process (in your case), delivery receipt requested; or by hand delivery. 16. Entire Agreement. This Agreement and our Policies constitute the entire agreement among the parties with respect to its subject matter and supersede all prior and contemporaneous communications. The Agreement and the Policies may be changed from time to time. Changes take effect when we post them on the Site. When you use the Site, you are agreeing to any revised Agreement and any posted Policies or rules applicable to services you use through the Site, which may be posted from time to time. All such Policies or rules are incorporated into this Agreement. 17. Term and Termination. The parties may terminate this Agreement at any time for any reason (with or without cause) by providing the other party with at least thirty (30) days' prior written notice. The terms and conditions of this Agreement will control the delivery and sales of Item(s) before termination. Sections 6, 8, 9, 10 and 17 will survive termination of this Agreement. 18. Resolution of Disputes. If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by contacting the office for the participating self-storage facility. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. 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 to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. In the event a party elects arbitration, they will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed on by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against us must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section will be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes section, we may recover attorneys' fees and costs up to $1,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. 19. Electronic Signature and Record. You and we desire to enter into this Agreement electronically. You will sign this Agreement by accessing the Site and following the Registration and Agreement acceptance process. By completing the Registration and Agreement acceptance process, you (a) agree to do business and receive all related records electronically; (b) confirm that you can access and retain an electronic copy of this Agreement; (c) warrant that you have the full right, power and authority to execute this Agreement; (d) agree that this Agreement, when executed, will constitute your valid and binding agreement; and (e) agree that, notwithstanding any rule of evidence to the contrary, in any hearing, trial or proceeding of any kind with respect to this Agreement, we may produce a tangible copy of this Agreement accepted by you electronically and such signed copy will be deemed to be the original of this Agreement. 20. Miscellaneous. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable to any extent under applicable law, such provision will be fully severable. The remainder of this Agreement will remain in full force and effect as to the remaining provisions and will not be terminated. This Agreement will be deemed entered into in Oklahoma and will be governed by and interpreted in accordance with the laws of the State of Oklahoma, without regard to its conflicts of law rules. Unless a party elects arbitration as described in Section 17, the parties agree that any dispute arising under this Agreement will be resolved solely in the state or federal courts in Oklahoma City, Oklahoma, and the parties hereby expressly consent to jurisdiction therein. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. No party will be liable by reason of any failure or delay in the obligations hereunder on account of telecommunications failures, strikes, riots, fires, explosions, acts of God, war, government action or any other cause which is beyond the reasonable control of such party. Our failure to act with respect to a breach by you doesn't waive our right to act with respect to subsequent or similar breaches.
By checking this box, I confirm that I am the person noted above, all information listed above is correct and I have reviewed and agree to the terms of the User Agreement.
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