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TERMS OF USE

SeaCube Containers LLC

SeaCube Cold Solutions, Inc.

1. ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “Customer,” or “you”) and Container Leasing International LLC (doing business as SeaCube Containers LLC), a New York limited liability company, together with its subsidiaries and affiliates which includes SeaCube Cold Solutions, Inc., a Delaware Corporation (collectively, “SeaCube,” “Company,” “we,” “us,” or “our”). By accessing, browsing, or using our website located at https://seacubecontainers.com (the “Website”), or by engaging in any business relationship with SeaCube, including but not limited to leasing, financing, purchasing, selling, or managing intermodal equipment, refrigerated containers, or related services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

IMPORTANT:
If you are entering into an equipment lease, rental, or purchase agreement with SeaCube, the General Terms and Conditions, Addenda, SOW and Amendments for Equipment (collectively, the “Agreement”) will govern your commercial relationship and supersede any conflicting provisions in these Website Terms of Use. In the event of any conflict between these Website Terms of Use and the Agreement, the Agreement shall prevail for all equipment lease, rental, or purchase relationships.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in such case, “you” and “your” will refer to such entity. If you do not have such authority, or if you do not agree with any provision of these Terms, you must not access or use the Website or engage in any business relationship with SeaCube.

These Terms apply to all users of the Website and all customers of SeaCube’s services, including but not limited to small businesses, mid-market enterprises, large enterprises, and government entities. Your use of the Website or engagement with our services constitutes acceptance of these Terms as they may be amended from time to time in accordance with Section 12 hereof.

SeaCube reserves the right to refuse service to any person or entity for any reason, including but not limited to violations of these Terms, applicable law, or regulations administered by the Office of Foreign Assets Control (“OFAC”) or other governmental authorities.

By proceeding to use our Website or services, you confirm that you are at least sixteen (16) years of age and have the legal capacity to enter into this agreement, consistent with our data protection practices.

2. DESCRIPTION OF SERVICE

SeaCube Containers LLC provides comprehensive intermodal equipment services, including the leasing, financing, purchasing, selling, and management of shipping containers, refrigerated containers (reefers), and related equipment for transportation via ship, rail, and road. Through our subsidiary SeaCube Cold Solutions, we also provide portable refrigerated container services for on-site cold storage applications.

Our services include but are not limited to: (a) short-term and long-term equipment leasing arrangements; (b) equipment financing solutions; (c) container sales and acquisitions; (d) fleet management and tracking services; (e) maintenance and repair services; (f) logistics coordination and delivery; (g) temperature monitoring and telematics services for refrigerated units; and (h) customer support and technical assistance.

The Website serves as an informational platform and initial point of contact for potential customers to learn about our services, request quotes, and initiate business relationships. The Website may also provide access to customer portals, tracking systems, and other digital tools related to our equipment and services. All actual equipment leasing, financing, purchasing, and service agreements are subject to separate written contracts and are not governed solely by these Terms.

SeaCube operates a global network with equipment positioned in key markets across the United States and internationally.

3. USER ACCOUNTS AND REGISTRATION

Certain features of the Website may require you to create a user account (“Account”). When creating an Account, you must provide accurate, current, and complete information as prompted by our registration forms. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password, and for all activities that occur under your Account.

You may not: (a) create an Account using false or misleading information; (b) create an Account for anyone other than yourself without permission; (c) use another person’s Account without permission; (d) sell, transfer, or assign your Account to another party; or (e) have more than one Account unless specifically authorized by SeaCube.

SeaCube reserves the right to suspend or terminate your Account at any time, with or without cause, including if we reasonably believe you have violated these Terms or applicable law. Upon termination, your right to use the Website and access your Account will cease immediately. We may, but are not obligated to, retain information associated with your Account for our records and compliance purposes in accordance with our Privacy Policy.

4. ACCEPTABLE USE POLICY

You agree to use the Website and our services only for lawful purposes and in accordance with these Terms. You agree not to use the Website or services: (a) In any way that violates any applicable federal, state, local, or international law or regulation, including but not limited to export control laws, sanctions regulations, and OFAC requirements; (b) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (c) to impersonate or attempt to impersonate SeaCube, a SeaCube employee, another user, or any other person or entity; (d) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm SeaCube or users of the Website.

5. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality… are owned by SeaCube, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6. PRIVACY POLICY REFERENCE

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website or our services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

7. DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY SEACUBE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEACUBE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SEACUBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

IMPORTANT:
For customers entering into equipment lease or sale agreements with SeaCube, the Agreement for Equipment will govern your commercial relationship and supersede any conflicting provisions in these Website Terms of Use. Under the Agreement, SeaCube is not liable for lost profits or for special, consequential or exemplary damages, even if SeaCube has been advised of the possibility of such damages.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SeaCube, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or any applicable law or regulation; your use of the Website or services; or your User Content.

IMPORTANT:
For purchase or lease customers, the indemnification obligations in the Agreement for Equipment are broader and apply to all claims, losses, damages, actions, liability, deductibles, fines, and costs, however caused and irrespective of whether caused in whole or in part by the negligence of SeaCube.

9. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance resulting from acts beyond reasonable control, including but not limited to: port closures, customs delays, vessel diversions, labor disputes, strikes, weather events, natural disasters, government actions, or other causes beyond its control.

10. TERMINATION

We may terminate or suspend your access to all or part of the Website and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Termination of these Terms does not affect your obligations under any separate equipment lease, rental, or purchase agreement, which are governed by the Agreement.

11. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York. Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of New York.

IMPORTANT:
For equipment lease, rental, or purchase agreements, the Agreement governs jurisdiction and dispute resolution.

12. CHANGES TO TERMS

SeaCube reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect by posting a notice on the Website, sending an email to registered users, or through other appropriate means.

13. THIRD-PARTY LINKS AND SERVICES

SeaCube’s website may contain links to other sites for which we are not responsible. We are not responsible for other sites’ content or privacy practices.

14. CONTACT INFORMATION

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

SeaCube Containers LLC
5 Paragon Drive
Montvale, NJ 07645
United States of America
Phone: +1 (201) 391-0800
Email: info@seacubecontainers.com
Privacy Matters: privacy@seacubecontainers.com

Last Updated: July 2025
Effective Date: July 1, 2025