User Agreement
Please read
the following terms before using the services of SelfStorages.com. If you
do not agree to these terms and conditions, you may not access or otherwise use
these services. Your continued use of the Company's services indicates your
acknowledgment that you have read and accepted these terms and conditions.
I. GRANT OF RIGHTS; LIMITED
SCOPE, AVAILABILITY OF SERVICES, AND FEES
The Company
grants to you a non-exclusive, non-transferable limited right to access, use and
display the information and marketing services provided by the Company, as may
be amended from time to time on any machine(s) of which you are the primary
user.
The Services
currently do not include services customarily associated with the services
provided by real estate agents and/or brokers. The Company is not acting as an
agent or broker in any capacity, and is merely a vehicle for sellers and buyers
to transact business directly with one another. The Company is not providing any
Services in any state in which the activities comprising the Services require
independent licensure. The Company provides no advice and/or opinions concerning
any particular property, the soundness of any proposed transaction and does not
assist in matching particular buyers and sellers or in negotiating or closing
any transactions related to the properties included on the Company's Web site.
II. CONTENT
You
recognize that you are solely responsible for the substance and content of any
information that you make available, including, without limitation, through the
posting of content on the Company's Web Site through a listing or otherwise. All
of such content is your responsibility. The Company will not be responsible, and
cannot independently verify, and makes no representations or warranties
concerning, the content information provided or received by you through your use
of the Services. Any information provided by the Company in connection with its
provision of the Services relating to property of others has been obtained
directly from the owners of such property or from sources believed by the
Company to be reliable. In connection with your use of any information made
available to you through the Services, you shall be responsible for any actions
taken in reliance on such information and, accordingly, you are recommended to
make your own due-diligence inquiries concerning the veracity of such
information and the Company assumes no liability there for. The Company has the
right to monitor the content that you or other users make by means of any
Service, but shall have no obligation to do so. You agree that if the Company in
its sole discretion deems any content made available by you to be unlawful,
fraudulent, unacceptable, offensive, obscene or otherwise objectionable, the
Company has the right, but not the obligation, to remove or deny access to such
content. You expressly agree that the Company shall not be liable to you for any
action the Company takes to remove or restrict access to such material, nor for
any action taken to restrict access to material posted in violation of any law,
regulation or rights of a third party, including, but not limited to, rights
under the copyright law and prohibitions on libel, slander and invasion of
privacy. The Company has the right to take all reasonable actions to remove or
restrict access to any such material, including restriction, suspension or
termination of your access privileges and/or deletion of the objectionable
material.
III. PROPRIETARY MATERIALS
Material
accessible to you through the Company's Services may be the subject of
intellectual property rights, including, without limitation, patents,
copyrights, trademarks and trade secrets. Except as expressly permitted by the
owner of such rights, you may not reproduce, redistribute, retransmit, publish
or otherwise transfer, or commercially exploit, any such material.
IV. PROHIBITED USES
(A) You
expressly agree not to use the Company's Services in a manner that is
inconsistent with these terms of use, prohibited by any law or regulation, or to
facilitate the violation of any law or regulation. You acknowledge that
prohibited conduct includes, but is not limited to, use of any of the Services
to invade the privacy of third parties, impersonation of the Company's personnel
or other parties or entities, transmitting abusive, profane, libelous,
slanderous, threatening or otherwise harassing material via e-mail, chat
services or bulletin boards. You also agree not to use the Services to (i)
solicit other members to patronize services or purchase goods from third
parties; (ii) violate the security of the Services; or (iii) attempt to utilize
another user's account name or persona without authorization from that user.
(B) You
agree not to use the Services or any e-mail address of the Company in connection
with the sending of the same or substantially similar unsolicited electronic
mail message, whether commercial or not to a large number of recipients. You
agree not to send unsolicited mass mailings from another service which in any
way implicates the use of the Company's Services, equipment or any Company
e-mail address. For purposes of this provision, merely making one's e-mail
address accessible to the public shall not constitute a request or invitation to
receive messages. For each violation by you of this provision, you agree to pay
the Company damages to compensate for the lost goodwill such a violation causes,
but, where warranted, such as in the case of an accidental transmission, the
Company may waive all or part of any applicable charge. Payment by you under
this provision shall not prevent the Company from seeking to obtain other legal
remedies against you, including other damages or an injunction.
V. CHARGES AND PAYMENT
(A) You are
responsible for all charges associated with connecting to the Services,
including, without limitation, all telephone access lines, telephone and
computer equipment necessary to access the Services.
(B) You are
responsible for all activities and charges from the use of the Company's
Services. You agree to pay all applicable Service fees (for each applicable
Service utilized by you) as well as all of your connection time charges of your
ISP, surcharges, applicable taxes and other charges you incur regarding the
Services.
(C) In the
event of a breach of security, you will remain liable for any unauthorized use
of your account with the Company until you notify the Company by written notice.
(D) The
Company reserves the right to increase fees, surcharges, and to institute new
fees at any time upon thirty (30) days prior notice. The Company may reduce
these fees at any time without notice to you. You shall also be liable for all
attorney and collection fees arising from the Company's efforts to collect any
unpaid balance of your accounts.
VI. USER INFORMATION
(A) You
certify to the Company that you are not a minor (i.e., that you are at least
eighteen (18) years of age).
(B) For
purposes of identification, billing and marketing, you agree to provide the
Company with accurate, complete, and updated information required by the
Membership Profile, including your legal name, address, telephone number(s), and
applicable payment data. You agree to notify the Company within ten (10) days of
any changes in this Profile information. Failure to comply with this provision
may result in immediate suspension or termination of your right to use the
Services.
(C) You are
solely responsible for maintaining the confidentiality of your passwords, and
agree that the Company will have no obligations with regard thereto.
(D) The
Company reserves the right to reveal any Profile information or other
information in its possession regarding users of the Services in cooperation
with a request or investigation by any governmental body or governmental agency.
VII. CONFIDENTIALITY
You shall be
required to keep and maintain as confidential any of the information made
available to you by the Company as may be provided by the Company from time to
time; provided, however, you expressly acknowledge that the Company is not a
fiduciary with respect to any information that you provide to the Company and
that the Company has no reciprocal obligation of confidentiality to you other
than as expressly provided in the Company's Privacy Policy, the terms of which
are incorporated herein by reference.
VIII. WARRANTY AND INDEMNIFICATION
You
represent and warrant to the Company that you will not transmit by means of the
Services any materials of any kind which (i) violate, plagiarize, or infringe
the intellectual property or contractual rights of any third party; (ii) are
exported in violation of any law, rule, or regulation governing exports from the
United States; (iii) contain libelous, defamatory, obscene, pornographic,
abusive or otherwise unlawful material; (iv) contain software viruses or any
other malicious code designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment. You
further represent and warrant to the Company that your use of the Services will
at all times comply with applicable laws, rules, and regulations. You hereby
agree to indemnify, defend and hold harmless the Company and its employees,
licensors, independent contractors, providers, subsidiaries and affiliates
(collectively, the "Affiliates"), from and against any and all liability and
costs incurred by the Affiliates in connection with any claim arising out of any
breach by you of the foregoing representations, warranties and covenants,
including, without limitation, attorneys' fees and costs. You shall cooperate as
fully as reasonably required in the defense of any claim. The Company reserves
the right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of the Company.
IX. TERMS OF USE OF WARRANTY
The Services
(including all content, software, functions, materials and information accessed
or provided by any means thereof) are provided as is, without warranties of any
kind, either express or implied, including, but not limited to, warranties of
title or implied warranties of merchantability of fitness for a particular
purpose, or warranties of non-infringement. To the fullest extent permissible by
law, the Company makes no warranties and shall not be liable for the use of the
Services, including, without limitation, any interruption of or error in the
Services under any circumstances, including, but not limited to, the Company's
negligence.
X. LIMITATION OF LIABILITY
Under no
circumstances shall the company be liable for any special or consequential
damages that are directly or indirectly related to the use of, or the inability
to use, the services even if the company has been advised of the possibility of
such damages. Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply to
you. In no event shall the company's total liability to you for all damages,
losses, or causes of action exceed one (1) dollar.
XI. TERMINATION
In addition
to any other rights of the parties set forth herein, either you or the Company
may terminate this Agreement at any time upon notice. The Company also reserves
the right to restrict, suspend or terminate the Services in whole or in part,
without notice, with respect to any breach or threatened breach of Sections III,
IV, or VII or based on a breach of any of your warranties set forth in Section
IX, the Company reserves the right to deny access to the Services in whole or in
part, including, without limitation, removing your Membership password from the
Company's server, and to refuse to provide the Services to you following such
termination.
XII. MODIFICATIONS TO THE AGREEMENT
The Company
has the right to modify this Agreement. Any modification is effective
immediately upon either a posting on the Company's Web Site
(http://www.SelfStorages.com), or upon notice by electronic mail, or U.S. mail.
Your continued use of the Services following notice of any modifications to this
Agreement shall be conclusively deemed an acceptance of all such modifications.
Your only right with respect to any dissatisfaction with any modifications made
pursuant to this provision, or any policies or practices of the Company in
providing the Services, including, without limitation, (i) any change in the
content of the Services, or (ii) any change in the amount or type of fees for
any of the Services, is to terminate membership by delivering notice to the
Company. Such notice will be effective upon receipt by the Company.
XIII. GENERAL
This
Agreement constitutes the entire agreement between you and the Company with
respect to the Company's Services and supersedes all prior agreements between
you and the Company. Failure by the Company to enforce any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Interpretation and enforcement of this Agreement shall be governed by and
construed in accordance with the laws of the State of Colorado (excluding choice
of law rules). You consent to personal jurisdiction in the federal and state
courts residing in the State of Colorado and the County of Delta for any action
arising out of or relating to your use of the Company's Services. The federal
and state courts residing in the State of Colorado and the County of Delta shall
have exclusive jurisdiction over all such actions and you specifically waive any
defenses that you may have by means of a claim of forum non-convenes. In any
such action, the prevailing party shall be entitled to recover all legal
expenses incurred in connection with the action including, but not limited to,
its costs, both taxable and non-taxable, and reasonable attorney�s fees. In the
event that any portion of this Agreement is held unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties, and the
remainder of the provisions shall remain in full force and effect.