Terms & Conditions

Terms and Conditions

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Last updated: July 29, 2025

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Welcome to My Toy Box. These Terms and Conditions ("Terms") outline the rules and regulations for the use of our website at mytoyboxonline.com and the services provided by My Toy Box, a boat storage company located at 640 Miller Rd., Coldwater, MI 49036 ("Company", "We", "Us", or "Our"). By accessing this website or using our services, you ("You" or "User") agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

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Please read these Terms carefully. They include important information about your legal rights, remedies, and obligations. These Terms are governed by Michigan law, including but not limited to the Michigan Marina and Boatyard Storage Lien Act (Public Act 362 of 1998), the Michigan Consumer Protection Act (Act 331 of 1976), and relevant provisions of the Michigan Compiled Laws regarding liens and consumer protections.

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1. Services Provided

My Toy Box offers boat storage services, including cold storage facilities, as well as related services such as pickup, delivery, and removal of watercraft. All services are subject to availability and must be scheduled in advance as detailed below. Services are provided in accordance with Michigan law, and this agreement serves as notice of our rights under the Michigan Marina and Boatyard Storage Lien Act (Public Act 362 of 1998), which grants us a possessory lien on stored watercraft for unpaid fees, allowing us to enforce the lien through sale if necessary after proper notice.

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2. User Obligations and Storage Requirements

You agree to provide accurate and complete information when requesting services and to comply with all applicable laws and regulations regarding the storage and transportation of your watercraft.

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2.1 Cold Storage Requirement

This is a cold storage facility. All watercraft must be winterized according to the manufacturer's recommendations. Winterization is the sole responsibility of the watercraft owner. The facility is not heated or air-conditioned, and any risk of loss due to temperature fluctuations is borne by the owner.

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2.2 Scheduling Services

All services—including pickup (dock or ramp), delivery, and removal from storage—must be scheduled at least two weeks in advance.

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2.3 Removal Deadline

All watercraft must be removed from storage no later than 8:00 PM on the Friday before Memorial Day weekend. A late fee of $20 per day will apply unless prior arrangements have been made. The terms of this agreement remain in effect until the watercraft is removed from My Toy Box.

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2.4 Personal Property

Owners are strongly encouraged not to leave personal items or electronics on their watercraft while in storage. My Toy Box is not responsible for any personal property left on board.

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2.5 User Conduct and Prohibited Activities

You agree not to: (a) use the website or services for any illegal purpose or in violation of any applicable law; (b) interfere with or disrupt the website, servers, or networks; (c) upload viruses, malware, or harmful code; (d) impersonate any person or entity; (e) harass, threaten, or defame others; or (f) collect or store personal data about other users without consent. We reserve the right to investigate and take appropriate action against violations, including reporting to law enforcement.

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3. Intellectual Property Rights

All content on the website, including text, graphics, logos, images, and software, is the property of My Toy Box or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent. Violation of this section may result in termination of your access and legal action.

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4. Liability and Limitations

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4.1 Storage Liability

Storage is at the sole risk of the watercraft owner. My Toy Box is not responsible for damage, loss, or theft of any watercraft, gear, or equipment. Pursuant to Michigan law, including the Self-Service Storage Facility Act (Act 148 of 1985) and the Michigan Marina and Boatyard Storage Lien Act, our liability is limited, and we disclaim responsibility for any loss unless caused by our gross negligence or willful misconduct.

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We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or our services, even if advised of the possibility of such damages.

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4.2 Warranties and Disclaimers

Our services and website are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the services will be uninterrupted, error-free, or free from viruses or harmful components. You use the website and services at your own risk. These disclaimers are in accordance with the Michigan Consumer Protection Act, which prohibits unfair or deceptive practices but allows for clear limitations on warranties.

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4.3 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, pandemics, or governmental actions.

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5. Indemnification

You agree to indemnify, defend, and hold harmless My Toy Box, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the website or services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any damage, loss, or injury caused by your watercraft or property.

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6. Insurance

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6.1 Insurance Coverage

My Toy Box does not carry fire or comprehensive insurance on stored watercraft. Coverage is provided only during handling and transportation.

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6.2 Owner Insurance Recommendation

We strongly recommend that watercraft owners maintain their own insurance coverage at all times. You are responsible for ensuring that your watercraft and any associated property are adequately insured against all risks, including but not limited to damage, loss, theft, fire, and natural disasters. Owners must maintain public liability and property damage insurance in an amount sufficient to cover potential losses (e.g., at least equal to the value of the watercraft). You agree to waive any right of subrogation against My Toy Box for claims covered by your insurance.

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7. Payment Terms and Lien Rights

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7.1 Storage Fees

All storage fees are due at the time of signing this agreement. Fees apply only to the current storage season and are non-refundable. Fees are exclusive of any applicable taxes, including Michigan sales tax if required for storage services.

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7.2 Service Payments

Payment for all other services is due upon completion.

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7.3 Late Fees

A 1.5% monthly service charge (18% annually) will be applied to all invoices that are more than 30 days past due.

All payments must be made in U.S. dollars via the methods specified by Us. We reserve the right to suspend or terminate services for non-payment.

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7.4 Lien Rights

In accordance with the Michigan Marina and Boatyard Storage Lien Act (Public Act 362 of 1998) and the Self-Service Storage Facility Act (Act 148 of 1985), we have a possessory lien on your watercraft and any stored property for all unpaid fees, including storage, services, and late charges. The lien attaches upon delivery of the watercraft to our facility. If payments are not made, we may enforce the lien by selling the watercraft after providing notice as required by law, with proceeds applied first to satisfy the lien (up to an amount equivalent to four months' rent or as permitted).

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8. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the services will cease immediately. The provisions of these Terms which by their nature should survive termination shall survive, including but not limited to liability limitations and indemnity.

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9. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located within Coldwater, Michigan.

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Any disputes arising out of or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Coldwater, Michigan, under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

 

10. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by My Toy Box. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that we shall not be liable for any loss or damage caused by your use of such sites.

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11. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

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12. Miscellaneous Provisions

• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

• Waiver: No waiver of any term shall be deemed a further or continuing waiver unless in writing signed by us.

• Entire Agreement: These Terms constitute the entire agreement between you and My Toy Box regarding the website and services, superseding any prior agreements.

• Assignment: You may not assign these Terms without our prior written consent. We may assign them without restriction.

 

13. Contact Us

If you have any questions about these Terms, please contact us:

• By email: info@mytoyboxonline.com

• By mail: My Toy Box, 610 South Darling St., Angola, IN. 46703