Nimble Station Terms and Conditions

Effective: January 17, 2023

Welcome to the Internet site operated by Nimble Station LLC (the “Site”). Nimble Station LLC is also referred to as “Nimble Station” or “Biquix” (the former name of the company) or “the Company.”

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS. By accessing or using our Site in any way you are agreeing to comply with these Terms and Conditions, including any documents, policies, and guidelines incorporated by reference (referred to collectively as the "Terms"). Certain services available through our Site may have their own terms and conditions that apply to your purchase or use of that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with Biquix, including the Rental Agreement for your storage unit or any other website terms and conditions with a Nimble Station affiliate. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased, the Rental Agreement for your storage unit, or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern

Biquix and its affiliates provide their services to you subject to the following notices, terms, and conditions.

1. Promotions and Offers

All promotions and offers are subject to change. They are offered only on selected units and are subject to availability.  Price offers apply only to the rental fee. Other restrictions, taxes, and fees, including administrative fees, apply. See each contract for full details.

Promotions are good for new customers only unless otherwise specified. They are not available on transfers or additional spaces. Pricing is subject to change. A reservation is required to guarantee the price. A reservation only guarantees the price and not the availability of any unit.

Actual unit sizes may vary from approximate size estimates.

Please inspect any unit before renting.

Online pricing is available only for online reservations and rentals.

2. Trademarks and Service Marks

The trademarks of Nimble Station may not be copied or used, in whole, partial, or modified form, without the prior written permission of Nimble Station or, if applicable, its licensor or affiliate. In addition, Nimble Station custom graphics, logos, button icons, scripts, text, photographs, artwork, and page headers (“Content”) are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) in whole or in part to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without the express  prior written permission of Nimble Station. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nimble Station. You may not use any meta tags or any other "hidden text" utilizing a Nimble Station name, trademark, or product name without Nimble Station’s express written consent.

3. Links to Other Sites

Our Site may link to sites not maintained or related to Nimble Station. We provide these links as a service to our users. We do not sponsor or endorse these other sites and we have not reviewed the other sites. We are not responsible for the content of any other sites. You may access those other sites through the links at your own risk. The Nimble Station Terms and Privacy Policy do not apply to other sites. Please review the terms and conditions and privacy policy for any other site that you may visit through a link on our Site. Such other sites may have terms and conditions and/or privacy policies that differ from that of Biquix, and the other sites may provide less security than our Site.

4. Privacy Policy

The privacy and security of your personal information is very important to us.

  • We do not sell your personal information to third parties for any reason.

  • We do not disclose your personal information to unaffiliated third parties who may want to offer you their own products and services unless you have requested or authorized us to do so.

  • We may share your personal information with third parties or affiliates where it is necessary for us to provide you with the services you have requested, collect payment, or do something that you have asked us to do.

Biquix’s use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms.  You understand that through your use of the Site you consent to the collection and use of this information as set forth in our Privacy Policy.

Privacy and Security of Your Information is Very Important to Us: At Nimble Station, we believe it is important to protect the privacy of our customers, as well as the privacy of visitors to our website. We know that you care about how your information is collected, updated, used and shared, and we want to help you make knowledgeable choices about the information you provide to us.

This Privacy and Security Policy (the "Privacy Policy") explains and summarizes how we collect, use and protect your information as you interact with us directly, by phone, online and through our customer support services. This Privacy Policy applies to Nimble Station’s operations in the United States and to its website located at www.biquix.com AND/OR www.nimblestation.com (the "Site"). This Privacy Policy does not apply to other websites which may be operated by affiliates or business partners of Nimble Station, even if they are linked to the Site.

By using our services and/or the Site, you consent to the collection, use and sharing of your information by Biquix consistent with this Privacy Policy and applicable privacy and data protection laws.

Our Privacy Policy Will Change Over Time: Our Privacy Policy will change over time as we seek to improve the services we provide. We will post the revised Privacy Policy on the Site and we will update the Effective Date at the top of the Privacy Policy. We encourage you to refer to the Privacy Policy from time to time to stay abreast of our most current practices. If you are an existing customer of Nimble Station and we make an update to this Privacy Policy that is materially less restrictive in our use or disclosure of information we collected prior to the update, we will provide you with prior notice to the email address, if any, that you have provided to us and seek your consent by posting notice on the Site or by contacting you using the email address you have provided to us. We encourage you to periodically review this Privacy Policy to stay informed about our collection, use and disclosure of your information. Your continued access and use of the Site and Biquix’s services constitutes your acceptance of this Privacy Policy and any updates, unless otherwise provided.

Summary of Our Privacy Policy: This policy explains:

  • The Types of Information Nimble Station Collects About You

  • How Biquix uses your information

  • The Disclosure of Your Information to Third Parties

  • How You May Receive Tailored Advertising As a Result of Your Use of the Site

  • What kind of security measures Nimble Station takes to protect your information from accidental loss or disclosure and how Nimble Station will inform you in the event of a security breach

  • The manner in which you can have your personal information updated or corrected or restrict Nimble Station’s use of that information

  • Other things we think you should know about privacy, information security and Biquix.

The Types of Information Nimble Station Collects About You: Nimble Station only collects information from you that is necessary for us to provide service and information that we believe will interest you. We collect the following three categories of information from you: (a) Personally Identifiable Information; (b) Non-Personal Information; and (c) Passive Anonymous Information. All three of these categories are collectively referred to as "Information" in this Privacy Policy.

A. Personally Identifiable Information: We may receive and store any information that you provide to us or that we learn about you from your use of the Site or other sources that would allow us to identify you personally. This information is referred to as Personally Identifiable Information ("PII"). For example, you may provide PII to us when you make a reservation for our storage services, enter into a lease/rental agreement with us, use our site to "move in" to your leased space with us, use automatic bill pay or go online to make a payment on your account, order moving and packing supplies, make a customer service request or inquiry, or apply for a job with us. As a result of those actions, you might supply us with such information as your first and last name, postal address, home and/or mobile phone numbers, email address, payment card information, social security number, drivers license number or identification, insurance coverage information, your account number, employment history, information in a job application, such as a resume, and any other information that you choose to provide that would allow us to identify you personally. We might also receive PII about you from third party data sources or marketing partners and we may add this PII to the information that we collect about you.

B. Non-Personal Information: From time to time, we may also ask you to provide us with non-personal information, which is data that alone is not intended to allow us to identify you personally, such as just your first name, birthday, zip code, demographic information, or service or product preferences. Nimble Station may aggregate and/or anonymize PII so that it becomes non-personal information that is not intended to be used to personally identify you. We also automatically receive and store certain types of non-personal information whenever you visit the Site through the use of "cookies", which is discussed below.

C. Passive Anonymous Information Gathered Electronically: We, and third parties on the Site, may automatically collect certain types of passive, anonymous information whenever you use the Site, such as your Internet Protocol address, your computer's operating system, the name of the domain you used to access the Internet, the website you came from and the website you visit next. This data is used in the aggregate, that is, as a statistical measure, and not in a manner that is intended to identify you personally. If we collect this information, it will be done passively through the use of certain electronic technologies, such as cookies, web beacons, pixels, clear GIFs (and similar technologies) as explained below.

Cookies: We and our advertising partners may use "cookies". When you use the Site, the pages you see, along with something called "cookies", may be downloaded to your computer or other device that you use to access the Site. Cookies are small pieces of information that are stored by your browser on your device or computer. These cookies do not contain or collect any PII, but may be used to deliver content specific to your interests and for other purposes, such as security and administrative functions. For example, cookies are used to store your preferences for certain types of information so that you do not have to input those preferences every time you use the Site. Most web browsers automatically accept cookies, but you usually can change your browser to limit or prevent cookies. Cookies in themselves do not personally identify the individual user, but rather the computer or device that is being used to access the Site. You may have the opportunity to set your computer or device to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time. Different browsers may address cookies differently. If you set your browser to not accept cookies, it may result in certain personalized services not being provided to you when you use the Site from that computer or device.

Web beacons, Pixels and Clear GIFs: We and our advertising partners may use web beacons, pixels and clear GIFs. These electronic technologies are transparent image files that, if used, allow us and our advertising partners to track website usage information, such as the number of times a given web page has been viewed and whether and when you have opened a HTML email, how many times the email was forwarded and which links in the email were clicked. Unlike cookies, these technologies are not placed on your computer or device. This information helps us to improve our Site and our services and helps our advertising partners by measuring the effectiveness of these communications with you. These technologies may be used in association with cookies to understand how visitors interact with our Site or advertisements made by our advertising partners.

How We Use Information About You: We may use your Information for a number of purposes, including:

  • to provide you with our storage and other services;

  • to respond to customer inquiries and complaints;

  • to maintain and collect payment on your account with us;

  • to enforce your agreements with us, prevent fraud, address security hazards, and other prohibited or illegal activities, for other legally permissible purposes and generally to ensure that we comply with applicable laws;

  • to provide you with marketing and promotional information about products and services we believe are of interest to you;

  • to provide you with marketing and promotional information about products and services we believe are of interest to you;

  • to provide you with tailored advertising, which is explained in greater detail below;

  • to provide a report to our advertisers or business partners that tells them who responded to a particular offer to facilitate the fulfillment of an order that you have made with an advertiser or business partner;

  • to customize, personalize, analyze, evaluate, adjust and improve the Site and our services to meet your needs and expectation and those of our business partners;

  • to describe our customer audience, products and services;

  • to develop partnerships with third parties to offer products or services which we believe will interest our customers;

  • to anonymize or aggregate PII for various purposes, such as market or traffic flow analysis and reporting; and

  • to process job applications and for recruitment purposes.

Disclosure of Information to Third Parties: Nimble Station may give, share, sell or trade your information to third parties under the following circumstances:

Service Providers: We may share your Information, including PII, with third parties or affiliates with whom we have contracted to perform services on our behalf, such as to collect payment, do something that you have asked us to do, or provide your PII to a delivery service so that they can assist us in fulfilling your request for products or services. Third parties that act on our behalf are contractually obligated to keep the PII we provide to them confidential and to use the PII we share only to provide the services we ask them to perform.

Other Third Parties: We do not disclose your PII to unaffiliated third parties who may want to offer you their own products and services unless you have requested or authorized us to do so.

Protection of Nimble Station and Others: We may access, monitor, use, or disclose your Information to do things like (i) comply with the law or respond to lawful requests or legal process, such as a court order, subpoena, search warrant or other legal requirements of any government authority; (ii) protect the rights or property of Nimble Station, our agents, customers or others; (iii) enforce our agreements, policies and terms of use or to mitigate our liability in an actual or potential lawsuit; (iv) to respond to emergencies; and (v) to protect against fraud or security hazards.

Business Transfers: Information may be disclosed as part of or in connection with a merger, acquisition, sale of company assets, or transition to another service provider. In the unlikely event of an insolvency, bankruptcy or receivership, Information also may be transferred as a business asset. If Nimble Station is involved in a transition of service to another provider, merger, acquisition, or sale of all or a portion of its assets, you will, if applicable, be notified via email and/or a conspicuous notice on the Site, which will include any choice, you may have concerning your Information. It is Nimble Station’s practice to seek appropriate protection for Information disclosed or received in these types of transactions. Nimble Station cannot, however, guarantee that Nimble Station’s Privacy Policy will remain unchanged in the unlikely circumstance that Nimble Station is sold or or if it merges with another company.

Passive Anonymous and Aggregated Non-Personal Information: You agree that we may share with third parties passive, anonymous and non-personal information about you may be aggregated and is not intended to allow these third parties to identify you personally. This non-personal information is usually obtained through the use of electronic technologies, such as cookies, web beacons, pixels and clear GIFS, as described in this Privacy Policy.

Tailored Advertising: The Site may include third party tracking technologies that are used by Nimble Station or its advertising partners to try to match advertisements to your interests and to deliver these targeted advertisements to you when you are using the Site or using other websites that are not controlled by Nimble Station. We do not share PII with these third parties; however, when you use the Site, we or third parties operating the advertisement serving technology may use non-personal and/or anonymous passive information that is collected through cookies, web beacons, pixels or clear GIFs to ensure that appropriate advertising is presented and to perform analytics concerning your use of the Site and other websites tracked by these third parties. These technologies also may control the number of times you see a given ad, deliver ads that relate to your interests and measure the effectiveness of ad campaigns. Logged and/or collected data may include IP address, browser identifiers, session information, browser cookies, device make and model, carrier provider, carrier user ID, sites visited, clicks on advertisements, advertisement(s) served, length of time an advertisement was visible, size of the advertisement, and advertisement response (if any).

Any of this information that is collected and used by Nimble Station will be subject to this Privacy Policy and may be disclosed to third parties in a manner that is not intended to identify you personally. To the extent any of this information is collected by third parties and not by Nimble Station, you acknowledge and agree that such collection and use is governed by those third parties’ privacy policies and Nimble Station is not responsible for cookies, clear GIFs or other electronic technologies in third party advertisements.

If you are interested in more information about tailored advertising and your choices to prevent third parties from delivering tailored advertising, please go to http://www.networkadvertising.org/managing/opt_out.asp. If you wish to prevent Nimble Station from delivering tailored advertisements, you may set your browser to not accept cookies. Please note that even if you disable the cookie function on your browser or opt-out of third party tailored advertisements at the above link, you may still receive advertising when using the Site that is not tailored to your interests.

Children: Children under 13 should not send any PII to Biquix. If a child under 13 submits PII through any part of the Site or otherwise provides such PII to Biquix, and we learn that the person submitting the PII is a child, we will attempt to delete this information as soon as possible. Because we do not knowingly collect any PII from children under 13, we do not use or disclose such information to third parties.

This Privacy Policy Applies to U.S. Customers: This Privacy Policy applies to customer relationships established in the United States. Our Site is hosted in the United States and is intended for United States visitors. Parts of this Privacy Policy may not apply to visitors to our Site outside the United States because, for example, certain services may not be offered to non-U.S. customers. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. privacy and data protections laws and which may be more stringent than those U.S. laws, by visiting our Site and providing us with Information, including PII, you acknowledge and consent to the transfer to and processing of your PII in the United States.

Our Security Practices: Our internal data security policies restrict access to customers’ PII to authorized employees, agents and subcontractors with a "need to know", and we train such persons on the protection of your PII. These persons may use our customers’ PII for Nimble Station business purposes only. Our employees are bound by our policies to maintain the confidentiality of our customers’ PII. Employees who violate their confidentiality obligations are subject to disciplinary action, up to and including termination.

We maintain commercially reasonable physical, electronic, and procedural safeguards that are designed to guard our customers’ PII. For example, for the security of your online visit to www.biquix.com AND/OR www.nimblestation.com, we may make use of secure server software (SSL), firewalls, encryption and other authentication procedures to attempt to protect your PII from unauthorized access, disclosure, alteration, or destruction. PII is maintained within a Windows NT Server environment that is intended to be secure. Unfortunately, no data transmission over the Internet or internal security system can be guaranteed to be absolutely secure. As a result, while we strive to protect your PII, Nimble Station cannot ensure or warrant the security of any Information you transmit to us, and you do so at your own risk.

In the event of a breach of the confidentiality or security of your PII, we may attempt to notify you as necessary by email or other means so you can take appropriate protective steps. By using our Site or providing Information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our Site or your account with us. Unless you indicate otherwise, we may notify you using the most current email address you provided to us.

Links to Third Party Sites and Web Sites Containing Nimble Station Branding: The Site may contain links to third party websites. Please be aware, however, that Nimble Station is not responsible for and cannot control the privacy policies of these other websites or their practices. We encourage you to read the privacy policies for these other websites, as they may differ from ours.

The Site also may contain links to websites that display Nimble Station branding and/or Nimble Station’s logo but which are maintained by third parties. Such websites may be identified in that they do not display a "biquix.com" or “nimblestation.com” URL. Please read the privacy policy on these sites for applicable privacy practices relating to Information collected via those sites because they may differ from Nimble Station’s privacy practices. This Privacy Policy applies solely to Information collected by Nimble Station directly, by phone, online and through our customer support services.

Contact Preferences and Accessing Your PII: You have certain choices when it comes to how Nimble Station uses your PII. You may choose not to receive information about new services and special promotional offers from us by direct mail and/or email. If you elect not to receive such marketing information by direct mail or email, Nimble Station may continue to contact you as necessary to service your account. You can change your contact preferences by emailing us at admin@biquix.com or by writing to us at the physical address set forth further below.

Keeping your account information accurate and up to date is very important so we can provide you with excellent service. If your account information is incomplete, inaccurate or not current, please contact Biquix customer service. You can obtain information about how to contact Nimble Station customer service at www.biquix.com/www.nimblestation.com.

Your California Privacy Rights

California law permits customers of Nimble Station who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. At this time, Nimble Station does not disclose personal information to third parties for their direct marketing purposes unless you specifically consent to such disclosure. If Nimble Station changes this policy, it will update this provision and provide instructions on how you may make a request for details concerning such information.

What Else Should I Know About My Privacy? You should be careful to maintain the secrecy of your user id and password and/or account information and be responsible about protecting your PII and identity, both online and off-line. You can refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information on how to protect yourself from identity theft.


5. Authority to Use Site

By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in the Terms; otherwise, please exit the Site.

Our Site is intended for use by our customers in the United States.  Our Site is not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.

The content, information, and materials contained on the Site and the Terms, policies, and descriptions that appear on the Site are subject to change. You accept sole responsibility for your use of the Site. Your use of the Site is limited to the intended functions of the Site. Unauthorized use of the Site, services, or systems, including but not limited to unauthorized entry into Nimble Station's systems or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site or services in a manner that:

(a)    harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

(b)    is unlawful, fraudulent, or deceptive;

(c)    uses technology or other means to access content or systems of Nimble Station in a manner that is not authorized by Biquix;

(d)    uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access content or systems of Nimble Station;

(e)    attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

(f)      attempts to gain unauthorized access to Nimble Station's computer network or user accounts;

(g)    encourages conduct that would constitute a criminal offense or that gives rise to civil liability;

(h)    violates these Terms or any other Nimble Station policies;

(i)      attempts to damage, disable, overburden, or impair Nimble Station's servers or networks;

(j)      fails to comply with applicable third-party terms; or

(k)    is otherwise objectionable as determined in Nimble Station’s sole discretion.

6. Changes to the Terms or Site

Nimble Station may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. Nimble Station reserves the right to change, modify, or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that Nimble Station shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site (or any portion thereof).

7. Registration, Password and Security

Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current, and complete information and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, or incomplete, Nimble Station may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).

If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Nimble Station of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Nimble Station may otherwise have, Nimble Station reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Nimble Station may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Biquix be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Nimble Station under this provision, (ii) any compromise of the confidentiality of your account or password, or (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that Nimble Station makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats, or other vulnerabilities.

8.  Telephonic Communications and Agreement to be Contacted

You acknowledge that telephone calls to or from Nimble Station may be monitored and recorded and you agree to such monitoring and recording. 

You verify that any contact information provided to Nimble Station, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us.  Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect by emailing us at admin@biquix.com AND/OR admin@nimblestation.com.

You agree to indemnify, defend, and hold Nimble Station harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state, or local law, regulation, or ordinance. 

You acknowledge that by voluntarily providing your telephone number(s) to Nimble Station, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with Nimble Station. You also agree that Nimble Station may obtain, and you expressly agree to be contacted at, email addresses, mailing addresses, and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to your account, and account collections. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services. Calls or text messages to you may be made by or on behalf of Nimble Station even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that Nimble Station is not responsible for these charges.

You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive. For help, text HELP. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls, email us at admin@biquix.com AND/OR admin@nimblestation.com .Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, account collections, or your relationship with us. Your obligations under this Section shall survive termination of these Terms and Conditions.

9. Copyright Complaints

Nimble Station respects the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act of 1998 (the "DMCA"), under 17 U.S.C. §§ 512(b)–(d), a copyright holder may send Nimble Station a valid notification of claimed copyright infringement under the DMCA if they believe that their work has been copied and has been posted, stored, or transmitted to the Site in a way that constitutes copyright infringement. 

10. Submissions to Biquix

You agree not to propose, post, or submit to Nimble Station ideas, concepts, copy, proposals, inventions, methods, or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Site. In the event you do so, you hereby grant to Nimble Station a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to Nimble Station the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that Nimble Station is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against Biquix for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to Nimble StationNimble Station, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.

You agree to make only lawful use of this Site. You agree not to post, upload, or transmit, any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Nimble Station reserves the right to refuse to post any content, or to remove any content from the Site, that violates these Terms.

11. Security

Violating the security of our Site is prohibited and may result in criminal and civil liability. Nimble Station may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

12. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NIMBLE STATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE SITE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, NIMBLE STATION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE’S CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. 

AT TIMES YOU MAY EXPERIENCE DIFFICULTY ACCESSING THE SITE OR COMMUNICATING WITH BNIMBLE STATION THROUGH THE INTERNET OR OTHER ELECTRONIC WIRELESS SERVICES AS A RESULT OF HIGH INTERNET TRAFFIC, TRANSMISSION PROBLEMS, SYSTEMS CAPACITY LIMITATIONS, OR OTHER PROBLEMS. ANY COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE, WHETHER IT IS YOURS, AN INTERNET SERVICE PROVIDER’S, OR NIMBLE STATION'S, CAN EXPERIENCE UNANTICIPATED OUTAGES OR SLOWDOWNS OR HAVE CAPACITY LIMITATIONS. BIQUIX MAKES NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OF THE INTERNET OR CELL OR DATA SERVICE ON YOUR DEVICE.

13. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, NIMBLE STATION SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES, INCLUDING ANY DAMAGES FOR LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF THE SITE OR THE INABILITY TO USE THE SITE OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE OR ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SITE OR SERVICES, EVEN IF BIQUIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE IN ANY WAY, YOUR SOLE REMEDY SHALL BE TO STOP USING THE SITE. NOTWITHSTANDING THE FOREGOING, APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. PURSUANT TO APPLICABLE LAW YOU MAY HAVE RIGHTS IN ADDITION TO THE RIGHTS CONTAINED HEREIN. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BIQUIX UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY LANGUAGE SET FORTH ABOVE SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. IF YOU ARE A NEW JERSEY RESIDENT, THE FOLLOWING LANGUAGE SHALL APPLY: NIMBLE STATION OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SITE, OR ANY MATERIALS IN THE SITE UNLESS SUCH LOSS OR DAMAGE IS THE RESULT OF NIMBLE STATION’S INTENTIONAL MISCONDUCT OR NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS .

YOU ACKNOWLEDGE AND AGREE THAT EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NIMBLE STATION, AND THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR PURPOSES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

14. Indemnification

To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless Nimble Station, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs of any kind, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of the Site, or any violation of these Terms, any law, or any rights of any third party, including when the active or passive negligence of Nimble Station is alleged or proven.

15. Applicable Law

This site is created and controlled by Nimble Station in the State of Virginia, USA. As such, the laws of the State of Virginia will govern these Terms and all promotions and offers, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Site and these disclaimers, terms, and conditions at any time.

16. Severability

If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void, or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions shall remain valid and enforceable.

17. Termination

Nimble Station reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Site for any reason or no reason, without notice, and without liability to you or anyone else. Nimble Station also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms remain effective even after your account is terminated.

18. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

PLEASE READ THESE PROVISIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS

18.1. Notice; Process

Before filing a claim against us in any forum, you must first attempt to resolve the dispute informally by notifying us of your claim by sending an email to admin@biquix.com. The notice must specifically describe the nature of the dispute and the relief you seek. You will give us 60 days from the date we receive your notice to try to resolve the dispute. Either party may file a claim if the dispute is not resolved after 60 days.

18.2. Dispute Resolution and Arbitration

Both you and Nimble Station agree that any and all dispute, claim, or controversy between you and Nimble Station arising in connection with or in any way relating to the relationship between you and Nimble Station (except certain small claims), including your access or use of this Site or these Terms, will be determined by mandatory binding individual (not class) arbitration. You and Nimble Station further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. By agreeing to arbitrate, both parties understand and agree that they are giving up their respective constitutional and/or statutory rights to seek relief through other resolution processes, such as a court action or administrative proceeding, to settle their disputes. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as in court, except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms.

18.3 Arbitration Rules

The arbitration will be governed and administered by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. For all claims and counterclaims together valued at less than $25,000, you and Nimble Station agree that arbitration must proceed as a documents-only hearing, unless otherwise agreed upon in writing by both parties. You and Nimble Station agree that the right to arbitration under this Arbitration Agreement is protected by, and any arbitration will be governed by, the Federal Arbitration Act (9 U.S.C. § 1 et seq.). You and Nimble Station agree that our business and the relationship here may involve interstate commerce. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7870 .

18.4 Exceptions

Notwithstanding Section 18.2 above, both you and Nimble Station agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to seek remedies in small claims court for disputes or claims within that court's jurisdiction. However, if such a claim is transferred, removed, or appealed to a different court, it is subject to arbitration. Both parties also retain the right to pursue any eviction, action to enforce a lien, and/or unlawful detainer remedies or defenses in any court. You agree that Nimble Station retains the right to conduct a lien sale. Further, this Arbitration Agreement does not stop you or Nimble Station from bringing issues to the attention of federal, state, or local agencies, who may seek relief against us on your behalf (or vice versa) to the extent allowed by law. Any other claims, however, such as claims for violations of the self-storage lien laws, derivative claims (including but not limited to claims under state consumer protection statutes), conversion, negligence, breach of contract, or other violations of state or federal law, must be brought in arbitration.

18.5 No Class or Representative Proceedings: Class Action Waiver

YOU AND NIMBLE STATION ARE BOTH GIVING UP THE RIGHT TO A JURY TRIAL. YOU AND NIMBLE STATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Unless you and Nimble Station agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding, consolidated action or private attorney general action. If this specific provision, known as the “Class Action Waiver,” is found to be unenforceable, then the entirety of this Arbitration Provision shall be null and void except paragraph 18.1, which shall remain in full force and effect.

19. Miscellaneous

These Terms constitute the entire agreement between you and us with respect to the use of our Site, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us regarding such subject matter. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Subject to Section 18.5 above, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the course of conduct nor course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. Biquix may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party with any remedy, claim, or right of reimbursement. Except where the context otherwise requires, wherever used, the singular shall include the plural, the plural the singular and the word “or” is used in the inclusive sense (and/or). The term “including” as used herein shall mean including, without limiting the generality of any description preceding such term (regardless of whether the term “including” is followed by words such as “but not limited to” or “without limitation” in some provisions but not others). The headings in these Terms are for the sole purpose of convenience of reference and shall not in any way limit or affect the meaning or interpretation of any of the provisions of these Terms.



Prohibited and Restricted Items

Nimble Station adheres to the Prohibited Items policies, terms and conditions of all major carriers for mailing and shipping of items.  All users of the Nimble Station website or any Nimble Station location or equipment agree to follow the below policies:

United Parcel Service - https://www.ups.com/us/en/help-center/shipping-support/prohibited-items.page

Fedex - http://www.fedex.com/us/freight/rulestariff/prohibited_articles.html;

U.S. Postal Service - https://www.usps.com/ship/shipping-restrictions.htm