Terms & Conditions

Effective Date: 1 March 2025

Please read our Terms and Conditions (“Terms”) in its entirety. By using our website, (including for the reservation of storage space), you are consenting to the practices described in these Terms and in the Privacy Policy, incorporated herein by reference. If you do not agree with this policy, please discontinue use of this website.

We reserve the right to amend these Terms at any time and without notice. These Terms apply exclusively to the access and use of our websites www.BracStorage.ky, www.BracStorage.com (collectively, the “Websites” or this “Website”), and of the related Brac Storage services and features (collectively, the “Services”) and do not alter in any way the terms and conditions of any other agreement the user may have with Brac Storage regarding its products or services. To the extent the terms of the Brac Storage Agreement and any other agreements relating to Brac Storage’s products and services (collectively "Brac Storage Agreements") conflict with these Terms, the Brac Storage Agreements shall prevail. To the extent any other terms set forth in any other agreement relating to the Website’s transactions contemplated by these Terms conflict with these Terms (with the exception of the Brac Storage Agreements), these Terms shall prevail.

The Websites are intended solely and exclusively for residents of the United States. Accordingly, these Terms and Conditions are directed towards any resident of any country.

Please note these Terms contain a Binding Arbitration provision. For more information about the Binding Arbitration provision and how to opt out, please see below.

Access and Use of the Service

Account

You may be asked to register for an account. You agree to take all necessary and appropriate steps to prevent unauthorized access to your account. You agree to immediately notify us at info@bracstorage.ky if you suspect or experience any unauthorized access to your account. We may require that you update your account password and/or username from time to time.

By registering for an account, you represent and warrant that the information you provide is accurate and complete. If you register under automated means or under false or fraudulent pretenses, your account will be deleted by Brac Storage.

For security reasons, account information may only be reviewed and corrected at your respective facility. Brac Storage may, in its sole discretion, with or without reason or cause, without notice or liability to you or any third party, terminate your account. Storage Unit Sizes

Acceptance and Tenant Responsibility

YOU ARE ACCEPTING THE STORAGE UNIT “AS-IS”: Storage unit sizes stated on our website, in advertising, and/or in the rental agreement and related documents are approximations and are provided for comparison purposes only. Storage units may be materially smaller or larger than the approximations indicated and may be shaped differently than indicated. Storage units may be uniquely or irregularly configured and may contain unique or irregular features, including without limitation, poles, bulkheads, columns, or curbs. Occupants should inspect the storage unit before making a rental decision. The rental decision should be made based upon such inspection and not based on any stated size specifications. Storage units are not rented by the square foot, and rent is not based on square foot measurements. Rental sums for a storage unit are based on many factors, including without limitation, the location of the storage unit, the rental market of which the storage unit is a part, the accessibility of the storage unit, the features of the facility, and other factors and characteristics particular to the storage unit. You are solely responsible for actively securing your unit with either a padlock or a combination lock. Tibbetts Square, LTD and Brac Storage and all affilliated parties are not responsible for securing your unit once a lease agreement is signed and executed.

Payments

Payment transactions are processed through the use of a 3rd Party payment processor secure server, which is intended to protect the privacy of the user's information. However, Brac Storage does not guarantee that the use of this 3rd Party payment processor secured server will safeguard information transferred electronically between the user and Brac Storage in all situations.

Protection Plan

The Protection Plan is part of the storage service provided by Brac Storage. Brac Storage does not insure Occupant’s stored property. Occupant bears all the risk of loss or damage to any stored property. Protection Plan payments shall be made on a monthly basis in addition to the monthly rent as provided in the Brac Storage Agreements and any other applicable fees. The Protection Plan provides a limited contractual right to reimbursement. It is not an insurance policy and Brac Storage is not an insurance company. Occupant may opt-out of the Protection Plan by providing proof of insurance covering the stored property and satisfying the requirements for opting out set forth in the Brac Storage Agreements. Please click here for more details on our Protection Plan.

Vacating the Space

When you reserve a storage space and also when you enter a Tenant Storage Agreement, you agree that you must provide at least fifteen (15) days advance written notice to info@bracstorage.ky of your intent to vacate said storage space. You also agree to other terms and conditions, such as full payment of all rent due and owing before vacating the space and leaving the space without damage. On the day that you complete vacating said storage space, you must fill out and sign the designated Notice of Completed Vacate form provided to you and personally deliver it to the facility office during regular office hours on the move-out date (or during office hours on the following business day if the move-out was completed after office hours). You acknowledge and agree that storage fees may continue to accrue if the Notice of Completed Vacate form is not delivered.

If you vacate the storage space or otherwise remove your lock and property from the storage space, even if you do not execute the designated Notice of Intent to Vacate or Notice of Completed Vacate forms, you hereby agree that you unconditionally release Tibbetts Square, LTD and its respective affiliates and subsidiaries, including all of their respective members, managers, shareholders, officers, Directors, Employees, Affiliates, Subsidiaries, Attorneys, Representatives or Agents (Collectively, the “Brac Storage Companies”) from all claims and demands of loss, damage, injury, liability, or other expense of any nature whatsoever, whether known or unknown. You acknowledge that it is possible that unknown losses or claims exist and that you took such possibility into account in giving this release. All tenant rights are herby then waived. You expressly, knowingly, and intentionally waive any and all rights, benefits, and protections afforded to you and your descendants under all applicable laws and statutes and of any international or common law principle limiting the scope of a general release.

Copyright & Trademarks

All materials on the Websites, including but not limited to design, text, graphics and content are the copyrighted property of Brac Storage. The Brac Storage name, logo (including all marks and taglines) shown on the Websites are trademarks of Brac Storage. They may not be copied, reproduced, or used in whole or in part, without the prior express written consent of the applicable Brac Storage entity.

Third Party Websites

The Brac Storage sites may contain images of and links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Brac Storage and Brac Storage is not responsible for examining or evaluating any Linked Sites, and Brac Storage does not warrant the offerings of any of these businesses or individuals or the content of the Linked Sites. Brac Storage does not assume any responsibility or liability for the actions, product, and content of all these Linked Sites and any other third parties. Brac Storage is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brac Storage of any Linked Sites or any association with its operators, or with any of its products or services. You should carefully review their privacy statements and other conditions of use.

Use of Asterisks (*)

Some written materials issued by Brac Storage may reference these Terms and Conditions, in whole or in part. In such instances, these Terms and Conditions apply to such materials, in addition to our Website. Please note that some offers on this Website apply to online transactions only. In addition to any other qualification or disclaimers that may apply specifically (see below), any statement on this website qualified with an asterisk (*), double asterisk ( * *) or cross symbol (†) is contingent on Brac Storage review and approval and shall also be expressly subject to these Terms and Conditions.

Pricing and Promotions

Prices and offers are subject to change at any time and without notice of change. Pricing, offers or any discounts are available to new Brac Storage customers only and not available for existing customers transferring to new storage units or to additional storage. Pricing is good for 7 days beyond the reservation date.

Special offers may not be available on all unit sizes and are only applicable to the first month's rent on new storage rentals by new Brac Storage customers only. In the event a unit is eligible for a special offer, website prices reflect the promotional rate. At the end of this promotional period, your rental rate will return to the original pre-promotion price. Promotions are not available on transfers or additional spaces. All pricing is month-to-month and subject to change at any time. Promotions are subject to change and/or termination without notice. See a Brac Storage manager for details.

Communication

You acknowledge that telephone calls to or from Brac Storage and/or its affiliates or anyone calling on its behalf may be monitored and recorded, and you agree to such monitoring and recording.

You verify that any contact information you provide to Brac Storage or anyone calling on its behalf, 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, owner, and/or regular user of any telephone number that you provide to us. Should any of your contact information change, you agree to immediately notify us to correct the information at the facility in which your storage unit is located in the manner required by your Tenant Lease Agreement.

You agree to indemnify, defend, and hold Brac Storage and/or its affiliates 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 agree that by voluntarily providing your telephone number(s) to Brac Storage, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us to your telephone and/or mobile device related to your account, any transaction with us, and/or your relationship with Brac Storage. Agreement is not a condition of renting with Price.

You agree that by voluntarily providing your telephone number(s) to Brac Storage, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us to your telephone and/or mobile device related to Brac Storage offers. Agreement is not a condition of renting with Price.

You also agree that Brac Storage 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 to your telephone and/or mobile device even if you cancel your account or terminate your relationship with us, except if you opt-out or revoke your consent, as provided below.

You acknowledge that your service carrier may charge you for these calls or text messages and that you are solely responsible for these charges.

This section shall survive termination of the Agreement.

DISCLAIMER OF WARRANTIES

BRAC STORAGE PROVIDES ITS WEBSITES AND ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Brac Storage DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, REGARDING THE USE OF ITS WEBSITES. BRAC STORAGE MAKES NO REPRESENTATIONS WITH RESPECT TO ITS WEBSITES, ITS SERVERS, OR EMAILS SENT FROM BRAC STORAGE, AND DOES NOT WARRANT THAT ITS WEBSITES, ITS SERVERS, OR E-MAILS SENT FROM BRAC STORAGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WHILE BRAC STORAGE MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION, BRAC STORAGE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ON ITS WEBSITES. THE CONTENT OF ITS WEBSITES MAY CONTAIN INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. HOURS AND AMENITIES MAY VARY BY LOCATION. BRAC STORAGE RESERVES THE RIGHT TO UPDATE, REVISE, ADD TO, CHANGE OR IMPROVE THE INFORMATION, CONTENT AND DOCUMENTS ON ITS WEBSITE AT ANY TIME WITHOUT NOTICE. ALL UNIT SIZES ARE APPROXIMATIONS AND ARE FOR COMPARISON PURPOSES ONLY. UNITS MAY BE SMALLER THAN INDICATED OR SHAPED DIFFERENTLY THAN INDICATED. CUSTOMERS SHOULD INSPECT THE UNIT BEFORE SIGNING THE CONTRACT AND THE RENTAL DECISION SHOULD BE BASED ON THE INSPECTION OF THE UNIT TO BE RENTED AND NOT ON THE ADVERTISED UNIT SIZE. UNITS ARE NOT RENTED BY THE SQUARE FOOT, AND RENT IS NOT BASED ON SQUARE-FOOT MEASUREMENTS.

YOU SHOULD BE AWARE THAT ANY ONLINE COMMUNICATION MAY NOT BE FULLY CONFIDENTIAL AND THAT FEDERAL POSTAL REGULATIONS DO NOT PROTECT ELECTRONIC MAIL.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL TIBBETTS SQUARE, LTD, BRAC STORAGE MANAGEMENT, AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, INCLUDING ALL OF THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES OR AGENTS (COLLECTIVELY,THE “BRAC STORAGE COMPANIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY ECONOMIC, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THIS WEBSITE OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF FORESEEABLE OR EVEN IF THE BRAC STORAGE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE Brac Storage PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

Indemnification

You agree to indemnify and hold Tibbetts Square, Ltd., Brac Storage Management Inc and all other Tibbetts Square, Ltd. Companies (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Third Party Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you or, (ii) arising from, related to, or connected with your use of the Websites or the Services. If you are obligated to provide indemnification pursuant to this provision, Tibbetts Square, Ltd may, in its sole and absolute discretion, control the defense, settlement and disposition of any Third Party Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Third Party Claim without the consent of Tibbetts Square, Ltd.

Arbitration

These Binding Arbitration terms govern only your relationship with the Websites. They do not govern any other conduct related to your dealings with Tibbetts Square Ltd. or Brac Storage.

You have the right to reject the Binding Arbitration terms as set forth in this section (Binding Arbitration). If you reject, neither you nor Brac Storage can require the other to participate in an arbitration proceeding. You can reject arbitration by contacting us by email at info@bracstorage.ky, stating that you would like to reject the arbitration provision. To be effective, your e-mail must be sent within thirty (30) days of the date that you first became subject to this Binding Arbitration provision. You do not have the right to reject any other provisions in these Terms.

This section provides that disputes between you and us may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. This section is governed by the courts of the Cayman Islands and shall be interpreted in the broadest way the law will allow.

Covered Claims

You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to these Terms or your use of the Website (“Claims”). If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim.

Except as set forth below, all Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present, or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as an agent, representative, third party vendor or an affiliated/parent/subsidiary company.

Arbitration Limits

Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter remains in small claims court.

If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt.

Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any Claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of two (2) or more persons may not be combined in the same arbitration.

Administration

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures before a single neutral arbitrator. For a copy of JAMS procedures, to file a Claim or for other information, contact JAMS by calling (800) 352-5267 or by visiting www.jamsadr.com. A copy of the current JAMS rules is available from the JAMS website at www.jamsadr.com/rules-comprehensive-arbitration/. Any award by an arbitrator shall be binding and final. Judgment on the award may be entered in any court having jurisdiction.

Paying for Arbitration Fees

The arbitrator may determine how the costs and expenses of the arbitration will be allocated between the parties and may award attorneys’ fees.

General Matters

Governing Law and Venue

These Terms are binding upon each party hereto and its successors and permitted assigns and shall be governed by and construed in accordance with the laws of the Cayman Islands without reference to the conflict of law principles thereof.

If you have validly rejected the Binding Arbitration provision, all actions or proceedings arising in connection with these Terms shall be resolved exclusively in the Cayman Islands, and to submit to personal jurisdiction of the courts located in the Cayman Islands for the purpose of litigating all such disputes. This choice of venue is intended by the both of us to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, these Terms in any jurisdiction other than that specified in the Binding Arbitration provision. We both waive any right either of us may have to assert the doctrine of forum non conveniens or similar doctrine or to object to the venue with respect to any proceeding brought in accordance with this section. You agree to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.

Assignment

We may, at any time, sell, transfer or assign any or all of our rights or duties under these Terms. If we do so, we can share information concerning your account and services with prospective transferees or assignees.

These Terms and all of your rights and obligations under it are not assignable or transferable by you without the prior written consent of Brac Storage.

Third Party Rights

You acknowledge that these Terms and your account are for your exclusive benefit and convenience. Neither can be transferred to any other person and no other person may claim rights under this Agreement or through your account. Nothing contained herein shall be construed as granting, vesting, creating or conferring any right of action upon any other third party. This provision is not intended to limit or impair the rights that any person may have under applicable Federal statutes.

No Waiver

No waiver under these Terms is effective unless it is in writing, identified as a waiver to these Terms, and signed by the party waiving such right. No delay or omission by us to exercise any right, remedy, power, privilege, or condition in enforcing any term or condition of these Terms, or act, omission or course of dealing with you, shall impair any such right, remedy, power, privilege, or condition or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any future occasion. Unless stated otherwise, all remedies provided for in these Terms shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

Severability

If any of the terms and conditions in these Terms are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions of these Terms and will not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms (and the documents incorporated herein) constitutes a single, integrated, written contract expressing the entire agreement between you and us relative to the subject matter hereof. No covenants, agreements, representations, or warranties of any kind whatsoever have been made by you or by us hereto, except as provided for herein.

Contact Us

If you have any questions, please contact us at: 345-948-1296 info@bracstorage.ky
Tibbetts Square, LTD PO Box 56, West End Cayman Brac, Cayman Islands BWI