SelfStorageAuction.com strives to:
The services provided by SelfStorageAuction.com (“SelfStorageAuction.com”, “we”, or “us”) include the SelfStorageAuction.com website, the SelfStorageAuction.com listings, articles, applications, and any other featured content provided by SelfStorageAuction.com in relation to the SelfStorageAuction.com website (all together, the SelfStorageAuction.com Services). The SelfStorageAuction.com Services are sponsored throughout the U.S. and Canada.
This Agreement may be subject to change from time to time and such changed shall be effective immediately after SelfStorageAuction.com posts them on the SelfStorageAuction.com website. You agree to be bound by any additional modifications to this Agreement when you use the SelfStorageAuction.com Services after any such changes are posted. Therefore, is it extremely important that you review this Agreement regularly to ensure that you are updated in regards to any changes.
Online Auction Terms
Online Auctions: SelfStorageAuction.com Buyer/Bidder Agreement
As a Buyer or Bidder, you are responsible for
reading and understanding the terms stated below. Listed below are sections
from our Buyer Rules Section, continue reading for more details. You hereby
agree to the following terms of this Agreement.
The bidder/buyer accepts the fact that he or she
is agreeing to a legal binding contract by placing a bid.
Bids start at $1.00, $10.00 or $20.00.
After the initial bid is placed, the auction will progress in $10 increments.
Our website utilizes a “soft close” method, meaning that if bids are placed during the last 3 minutes of the auction it will extend an additional 3 minutes to the remaining time. We recommend that you constantly refresh your screen to see the most updated bid amount).
With our Standard membership you will have a free account with SelfStoragAuction.com, but will be charged 15% buyer’s premium for each unit that is won in auction. If you choose to upgrade to our Executive Bidder Membership, you will be charged $39.95 per month on an anniversary style billing cycle that can be cancelled at any time. The Executive membership will exempt the you, the bidder, of the 15% buyer premium charged with the Standard membership. If at any time you would like to downgrade to a standard membership, please contact our customer service department at least 48hrs before your anniversary billing date to switch the account to standard.
In addition to your monthly membership fee or your buyer’s premium, a 10% deposit of the sale price may be charged to your credit card on file. This fee will not be lower nor exceed 10% of the sale price and once charged, will be subtracted from the bidder’s remaining balance due at the facility. This is not an additional fee.
The cleaning deposit amount varies per storage
facility or private seller. You are responsible for verifying this information
on each auction, under the auction details.
The storage facility manager is responsible for collecting the cleaning deposit before releasing the unit.
The clean-out time varies per storage facility or private seller. You are responsible for verifying the clean-out time on every auction.
Do not bid on units if you are not able to pay for/clean out the unit within the given clean-out time.
Unless verified exempt, all sales tax will be collected by the facility. The bidder must present a seller’s license at the facility before tax is deducted from the total.
Storage facilities and private sellers have the right to cancel the auction at any time.
Legally, the defaulted tenant has the right to cure the account and thus regain ownership of the unit and cancel the auction up until the winning bidder provides payment for the unit, unless stated otherwise by the storage facility or state’s lien laws.
Regardless of whether the bidder accepts ownership of the unit, you responsible for bid amounts, premiums associated with the sale, taxes, and other fees applied.
Failure to pay for and/or pickup the units bid on may result in your account being suspended. Bidders must clean out the unit entirely, leaving it in broom-swept condition, before the end of the 48 or 72-hour clean-out period.
The storage facility is not liable for the goods purchased at the time of the sale. Units are purchased in “AS-IS” condition. With the purchase of any unit, there are no guarantees or warranties implied or included with the sale. The winning bidder will pay the storage facility or private seller directly for the remaining balance of the unit, in agreement with the facility’s terms. ALL SALES ARE CONSIDERED FINAL!
If any of the terms in this document are violated, you may be prevented from using the SelfStorageAuction.com Services.
“Sales” are considered unit(s) that are sold due to non-payment of rent by the defaulted tenant owed to the self-storage lien law of the facility’s state, private sales, charity units, or abandoned property.
SelfStorageAuction.com serves as the online platform in partnership with self-storage facilities that want to sell property listed for sale. Therefore, SelfStorageAuction.com is a facilitator of the sale only, not an active party in the sale.
Bidding Rules and Regulation
1. You must be 18 years or older to participate on the SelfStorageAuction.com.
2. SelfStorageAuction.com will either charge the winning bidder’s credit card on file a 15% buyer’s premium depending on membership status. SelfStorageAuction.com reserves the right to change the online bidding fees at any time, without notice in advance, if the terms posted here are updated as well.
3. The SelfStorageAuction.com Services may charge, or place a hold on, the winning bidder’s credit card on file for the cleaning deposit. Alternatively, when the winning bidder arrives at the facility to pay for their unit(s) the self-storage facility may collect the cleaning deposit. Under the Auction Details section, the amount collected for the cleaning deposit is $100 unless specified otherwise by the storage facility. Once the unit is completely cleared out and broom swept, the cleaning deposit will be refunded to the winning bidder. All unit contents must be removed from the facility property. Facility trash cans or dumpsters may not be used to do so.
4. In agreement with the storage facility’s terms and conditions, the winning bidder will pay the self-storage facility directly for the units.
5. As specified under the Auction Details, the winning bidder will have a specific clean out time from when they were notified of a won unit where they are required to empty the unit completely and pay for it in full in accordance with the facility’s office hours. The storage facility may deny access to unit(s) until the winning bidder pays for the unit in full, including any cleaning deposits the facility may require. If the winning bidder neglects to pick up the unit within the given clean out time, clear out the unit completely, or to pay the winning bid amount, sales tax, or buyer premium the bidders account will be suspended
6. Unless specified otherwise by your state’s lien
laws or you have provided proper documentation to show you are tax exempt
(seller’s license), sales tax will be charged and collected for all sales.
7. The sale in not considered final until the winning bidder pays for the unit in full to the facility and removes all items from within the unit, or a lease is signed between the storage facility and the bidder. Bidder understands and is in compliance with the law that states the tenant of the unit has the legal right regain ownership of his or her property up until the sale is final. Therefore, the winning bidder may not be able to pay for nor gain ownership of the unit contents.
8. All units are sold in “AS-IS” condition. The storage facility, nor SelfStorageAuction.com, does not accept any liability on the good purchased at the time of the sale. There are no guarantees or warranties of any kind. ALL SALES ARE FINAL. In accordance with the self-storage facility’s terms, the bidder will pay for the unit in full and clear out its contents.
9. As a bidder you are a guest at the facility, please ensure you read the custom auction listed on the auction provided by the facility to ensure you are following the rules and regulations set by the facilities.
10. Bids are only able to be placed and accepted
within the specified time frame. The storage facility reserves the right to
extend this specified time at their sole discretion, for any reason. All bids
placed within the last 3 minutes of the auction will extend its length by an
additional 3 minutes. The online bidding will continue until 3 minutes have
passed without any additional bids.
11. Under the Auction Details section, the storage facility’s accepted payment methods will be specified.
12. By creating a SelfStorageAuction.com account to bid on online self-storage units, as well as registering to bid on a specific unit, you authorize SelfStorageAuction.com to charge your credit card $0.01 to validate your credit card. Validation charges will be returned within 10 days after such payments are processed.
14. The currency required depends on the location of the auction. All auctions posted in the United States will be payable in the United States currency (USD). If an auction is held in Canada, the winning bidder will need to pay in Canadian currency as well.
SelfStorageAuction.com accepts credit/debit card payments for the bidder’s, facility’s, auctioneer’s, and private seller’s fees and deposits. SelfStorageAuction.com honors American Express, Visa, MasterCard, and Discover. You understand and agree that when placing a bid on SelfStorageAucton.com you are able to pay for unit(s) in full if won, including any buyer or seller premiums, cleaning deposits, and sales tax. If for any reason, you are not able pay for the unit in full, SelfStorageAuction.com may in its sole and absolute discretion cancel your bid, therefore, SelfStorageAuction.com may designate the next highest bidder in the bidding history as the winning bidder. At SelfStorageAuction.com sole discretion, but without any obligation, alternate payment methods may be set up if the original payment method on file declines. If your original card declines, your next card on file will be charged.
SelfStorageAuction.com Reservation of Rights
SelfStorageAuction.com retains the right, but is not obligated to discontinue any sale or auction, restrict access to the website or its services, as well as take any other actions due to inaccurate listings, product inaccuracies, unlawful items, technical difficulties, procedures, or other actions prohibited by the procedures and guidelines stated on the SelfStorageAuction.com site and to correct any inaccurate listings and postings about auctions and products.
On the website, your password will only be used to utilize the SelfStorageAuction.com Services, access the website, electronically authorize transactions and review settled transactions. You, as the account holder, are solely responsible for protecting your password. You are not authorized to disclose your password to any third party, unless that party has been authorized to use your account. On the Site, you will be held responsible for any action taken under or use of your password on this site. If for any reason your password is compromised, you must change your password immediately.
Fraud; Illegal Activity Compliance with Law
The site SelfStorageAuction.com and all its services may only be used for lawful purposes, in a lawful manner, and in compliance with all applicable laws, statutes, and regulations in regards to bidding and purchasing items on the site. You cannot register on the website with an unauthorized or invalid credit card, or under a false name. It is also prohibited to use another person’s participant’s password(s), impersonate another participant, or place bids under a false name. Fraudulent activity as described above is a violation of state and federal laws. With SelfStorageAuction.com cooperation, such conduct may be reported to law enforcement to ensure that violators are prosecuted justly.
Privacy and Disclosure
Disclosure of Information
Permitted by applicable law, SelfStorageAuction.com reserves the right to report any suspicious activity or behavior that defies any law or regulation to regulators, law enforcement officials, or third parties. To address requests for information, allow participants to remedy disagreements, or secure the functionality and integrity of SelfStorageAuction.com in reference to its company and systems or other reasons deemed just by SelfStorageAuction.com, SelfStorageAuction.com may at any time access or reveal content it deems appropriate or necessary, including but not limited to user contact information, usage history, posted content, or IP address and traffic details.
SELFSTORAGEAUCTION.COM AND ITS SERVICES ARE PRESENTED ON AN “AS-IS” BASIS. IT IS THE CUSTOMER’S OWN RISK FOR THEIR USE AND RELIANCE OF THE SITE AND ITS SERVICES. SELFSTORAGEAUCTION.COM SITE DOES NOT PROVIDE WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED OR STATED EXPLICITLY, INCLUDING BUT NOT LIMITED TO: FITNESS FOR A SPECIFIC PURPOSE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. ALSO, THAT SELFSTORAGEAUCTION.COM WILL BE ACCESSIBLE, AVAILABLE, UNDISTURBED, WORK EFFIECENTLY, OPERATE WITHOUT INTERRUPTION OR ERROR. ALL CONTENT, INFORMATION, PRODUCTS, OR MATERIALS PRESENTED ON THE WEBSITE IS AS REPRESENTED BY SELLERS, ACCESSIBLE AND AVAILABLE AT THE TIME OF SALE, LAWFUL TO SELL, OR THAT THE SELLER WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY MADE DURING THE SALE OR TRADE, ALSO ANY LIABILITY, OBLIGATION, SOLUTION, OR CLAIM IN OFFENSE, WHETHER CAUSED BY THE OVERSIGHT OF SELFSTORAGEAUCTION.COM OR NOT. SELFSTORAGEAUCTION.COM DISCLAIMS ALL SUCH WARRANTIES, TO THE FULL EXTENT UNDER APPLICABLE LAW. AS EXPLICITLY STATED IN THIS DOCUMENT, NO WARRANTY SHALL ARISE BY THE INFORMATION PROVIDED BY SELFSTORAGEAUCTION.COM, WHETHER WRITTEN OR ORAL, OR FROM ITS SERVICES.
SELFSTORAGEAUCTION.COM SERVES AS THE ONLINE PLATFORM FOR THE AUCTION TO BE HELD. THEREFORE, BECAUSE THE SITE IS NOT THE SELLER IN THE TRANSACTION BETWEEN THE BUYER AND SELLER, SELFSTORAGEAUCTION.COM, AS WELL AS ITS EMPLOYEES, AGENTS, AFFILIATES, OFFICERS, AND DIRECTORS WILL BE AQUITTED OF ALL DAMAGES, DEMANDS (CURRENT AND CONSEQUENTIAL) OF EVERY TYPE AND NATURE, KNOWN AND UNKNOWN, RELEASED AND UNRELEASED, CAUSED BY OR IN ANY WAY RELATED TO SUCH DISPUTES. 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY SELFSTORAGEAUTION.COM.
This Agreement, and all of its terms and conditions, is governed by the State of Arizona.
YOU AGREE THAT ANY CONTROVERSY OR CLAIM CAUSED BY OR RELATED TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN ARIZONA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION.
In accordance with this Agreement, a license to make personal use of our Services and the Site is granted to each participant. Without limitation, this Agreement prohibits any replication, reproduction, sale, resale, or other monetary use of SelfStorageAuction.com and the Services (other than the sales that occur in accordance with this Agreement), making a derivative of the Site or its Services, the compilation and use of customer e-mail, personal information, listings, rankings, or any type of data extracting of any form.
No Agency; Third-Party Beneficiary
If there is any provision or arrangement in this agreement that is deemed unjust, void, or null, that agreement shall be deemed severable from this Agreement and shall not affect the validity of any other provisions that remain.
Online Auctions: SelfStorageAuction.com Storage Facility Agreement
1. Legality of the Online Collection of Bids for the Sale of Unit(s)
The Seller understands and agrees that by hosting this Service, Company does not represent or warrant the legality of the online collection of bids for self-storage units. The Company's provision of the Service does not constitute legal advice regarding the use of the Service within the Seller's state. The Seller understands that they are responsible for consulting with their own legal counsel regarding the Seller's use of this Service. The Seller understands that in order to legally collect bids online, the Seller must adjust their lien procedures accordingly, particularly in regards to the legal notice for the Seller's auction. The Seller agrees to seek legal advice regarding the necessary modifications to their current procedures, forms, letters, and notices.
SelfStorageAuction.com is a disclosed agent for the self-storage facility that is selling the property listed for sale. As such SelfStorageAuction.com is a conduit for the sale only. SelfStorageAuction.com is not a party to the sale.
2. The Seller's Obligations in Listing the Unit(s)
The Seller confirms that the Seller has complied with all state laws with regard to the lien Units the Seller lists on the Service, including but not limited to the lien procedure, the inventory of Units, notices to the tenant, public advertisement of the collection of bids and the sale, and the disposition of protected property.
The Seller agrees to clearly specify if any Unit(s) are not delinquent or are Units containing donated items to be auctioned for a charitable cause.
The Seller confirms that all information supplied regarding the Seller's identity is true and accurate. In the event the Seller provides false or misleading information regarding the personal property in the Unit(s), or the lien status of the contents, the Seller shall be liable for all costs in relation to any dispute raised by the Buyer.
The Seller further confirms it is properly authorized to sell the personal property in the Unit(s) and that it is able to transfer full ownership of the personal property in the Unit(s) to the Buyer free from any other claim.
3. The Description of the Unit(s)
The Seller remains solely responsible for any statements which the Seller makes about the Units(s) or their contents, the lien status of the Units, or any description of any personal property in the Unit(s) including but not limited to references as to its ownership, origin, date, age, value, or authenticity. The Seller must satisfy itself that the information listed online regarding all personal property in the Unit(s), is true and accurate. The Company has absolute discretion to refuse to list any personal property in the Unit(s) for any reason.
4. Terms of the Seller's Sale to the Buyer
This Service is solely for the online collection of bids, in order to make public storage auctions held at self-storage facilities more widely accessible to the public while minimizing the inconvenience to the storage facility. Therefore, all terms that do not need to be established by the Company for the proper functioning of the Service, shall be left to the Seller to delineate with the Buyers or to negotiate with the Buyer. For example, the Company shall not establish reserve/minimum bid requirements, an expanded deadline (beyond the 72 hours specified) to empty the contents of the Unit(s), access to the Unit(s) by the Buyer, or timing or method of payment by the Buyer.
5. Online Bidding
Seller agrees that the Company cannot guarantee a Buyer's commitment or ability to pay especially because the Company cannot know in advance the amount the Buyer will bid. The Company is not liable to the Seller if a Buyer cannot pay the amount due or does not contact the Seller to make payment. The Seller however may establish a reserve/minimum bid at their sole discretion.
The Seller is not obligated to accept any bids and may reject all bids. However, if the Seller accepts a bid on a Unit, the Seller must accept the highest bid made on that Unit in order to comply with state law. The seller reserves the right to cancel a unit at any time, for any reason.
6. Commencement and Cancellation of collection of online bids
The Seller acknowledges that the Company will commence supplying its Services to the Seller when the Seller consents to this Agreement. The Seller consents to this Agreement either by utilizing Company's Service or by clicking the box indicating acceptance to these terms when utilizing Company's Service. The Seller may cancel the online collection of bids for any Unit(s) the Seller has listed through the Service, free of charge, the same day bidding commences. Online bidding commences when bidding as possible, regardless of whether a bid is ever made on a Unit. After online bidding has commenced, if any bid is collected, the Seller must comply with the terms of Paragraph Seven (7) if the Seller does not want to sell the Unit(s) to the Buyer at the storage facility. The Seller may cancel the online collection of bids for any Unit(s) the Seller has listed through the Service, after the date the bidding has commenced. If a Buyer bids the highest bid collected, the Buyer shall be liable for a Cleaning Deposit of $100 per Unit. Any buyer who fails to collect the Unit(s) contents, or does not completely empty the Unit(s), waives its Deposit.
7. The Seller's discretion to accept or reject bids
The Seller has discretion to accept the highest bid made on a Unit. The Seller has discretion to reject all bids made on a Unit and suspend or terminate the online collection of bids for the Unit.
However, the Seller understands that the Buyer will be charged the online auction administration fee when they are declared to have the highest bid at the conclusion of the online collection of bids. The Seller agrees to contact the Company if they reject the Buyer's bid, so that the Company can consider whether they will reverse the charge for the online auction administration fee, in the Company's sole discretion. If the Seller fails to contact the Company within 24 hours of the rejection of Buyer's bid, then the Seller shall be liable to the Buyer for the amount of the online auction administration fee paid, and shall refund this money to the Buyer.
The Seller may not reject the highest bid and award a Unit to a lower bid unless the Buyer with the highest bid defaults. A Buyer defaults if they fail to contact the Seller within the time set forth in the Bidder/Buyer Agreement, fail to make full payment of the bid amount and sales taxes within said period of time, or fail to collect the property from the Unit with said period of time.
8. The Seller's Obligations in delivery of the personal property in the Unit(s)
SelfStorageAuction.com specifies in the Buyer's terms, that Buyer shall have 48 to 72 hours to empty any Unit(s). The Seller must offer at least 48 hours to empty any Unit(s). However, the Seller is free to establish their own deadline, beyond 72 hours, for the Buyers to empty any Unit(s).
The Seller agrees to make the personal property in the Unit(s) available for collection within the time of 72 hours provided in the Bidder/Buyers Agreement. It is the responsibility of the Seller to ensure the personal property in the Unit(s) is available and easily accessible within that time period or the Seller will be liable for any costs incurred by the Buyer and/or the Company.
Where the personal property in the Unit(s) requires delivery by the Seller, unless otherwise agreed in writing, the Seller will make delivery of the personal property in the Unit(s) within a reasonable time from the date of the acceptance of the bid. It is the responsibility of the Seller to communicate with the Buyer over delivery arrangements and to ensure the personal property in the Unit(s) is delivered intact, and per the original listing description, within a reasonable time, otherwise the Seller may be liable for any costs incurred as a result.
9. Seller's Rights
The Seller has discretion (subject to Paragraph Seven (7)) to refuse bids, to contact the winning bidder after the auction has closed in regards to collecting personal property from the Unit(s) on behalf of the tenant, and to cancel any Unit(s) (subject to any additional terms or cancellation fees imposed by Company pursuant to Paragraph 6). The Seller will have access, within their SelfStorageAuction.com account, to detailed information regarding the online bidding. The Seller acknowledges that they are responsible for logging into their account to check this information and that Company is not obligated to contact them with this or any other information.
10. Company's Rights
Seller acknowledges that Company has the right to prevent the collection of bids from persons that are unqualified to pay for a Unit or otherwise unfit to use the Service in the Company's sole discretion. The Company has the right to require a minimum number of bidders to register or participate in any particular auction in order for the auction to commence. Company shall be the sole arbitrator in any dispute between Seller and bidders and its decision shall be final and binding on all concerned.
SelfStorageAuction.com retains the right, but does not have the obligation, to immediately halt any auction or sale, prevent or restrict access to the Site or the Services, or take any other actions, in case of technical problems, inaccurate listings, typographical errors in a fixed price or auction listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of SelfStorageAuction.com, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies.
11. The Buyer
The Company does not act on behalf of the Buyer. The Company cannot guarantee the existence of, or bids made by, a Buyer or other bidders and are not responsible for anything they do or say including but not limited to comments concerning personal property in the Unit(s), or the Seller's facility or auctions generally, or any breach of the rules of the Service or Company.
12. Personal Data
The Company shall use the personal information supplied regarding the Seller to provide the services as requested. The Company will not publish the Seller's personal information or pass it to any third party unrelated to the collection of online bids unless required to do so (e.g. in the event of dispute, or by law).
13. Social Media
The Company may enable social media commenting features and social sharing functionality in conjunction with the Service. The Seller's use of the Service constitutes acceptance of such features and functionality. The Seller agrees to hold the Company harmless for any damages caused by others via Social Media, including but not limited to damages arising from defamation.
14. Fees for the Online Collection of Bids
On each Unit(s) sold, Seller shall pay Company a 10% seller premium for the online collection of bids, based on each Unit(s) high bid, unless the seller has a V.I.P membership. With the V.I.P membership, seller’s will pay $40/month and be exempt of all cancellation fees. Additionally, Seller must maintain a SelfStorageAuction.com Account in order to collect bids online. The Company's Account will be as most recently published on the website when you sign up a facility or facilities for an Account, unless otherwise agreed in writing. Cancellation fees shall be imposed pursuant to Paragraph 6.
SELLER ACKNOWLEDGES AND AGREES THAT COMPANY, ITS AGENTS AND AFFILIATES, ACT ONLY AS A PASSIVE CONDUIT FOR THE DISSEMINATION AND PUBLICATION OF THE CONTENT AND HAVE NO CONTROL OVER THE IDENTITY, QUALITY, OR ABILITY OF BUYERS TO COMPLETE A TRANSACTION AND ASSUMES NO LIABILITY FOR SUCH.
COMPANY REPRESENTS AND WARRANTS THAT THE WEBSITE WILL MEET SELLER'S REQUIREMENTS BUT DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE INCLUDING, BUT NOT LIMITED TO, THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY COMPANY OR ANY THIRD PARTY
16. Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COST, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES AND SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USAGE, OR NEGLIGENCE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO SELLER FOR ANY OR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY SELLER FOR THE USE OF THE SOFTWARE OR SERVICES FOR THE PARTICULAR FACILITY THAT SUFFERED DAMAGES. THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.
If Seller has a dispute with one or more bidders/Buyers, Seller releases the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Seller agrees to indemnify, hold harmless and defend Company, its affiliates, and its agents, owners, and employees, and any Buyer of any item offered for sale by Seller against any and all claims, actions, damages, losses, liabilities and expenses (including any reasonable attorney's fees for counsel of Company's choice, including any in-house counsel) arising out of, relating to, or resulting from any and all: (i) claims of ownership or right to possession of any of the personal property offered or sold by Seller or; (ii) any alleged breach by Seller of any covenant, obligation, representation or warranty set forth in this Agreement or required to be given under this Agreement; (iii) rescission claim made by any Buyer; or (iv) claims in connection with the Information provided by Seller.
Any disputes arising under this Agreement are to be documented in writing and delivered to COMPANY or to SELLER and all parties shall then use their best efforts to resolve such disputes in good faith and in a timely manner.
2. Governing Law and Venue for Resolution of Disputes
This Agreement shall be governed by the laws of Arizona, and any and all claims arising under this Agreement shall be brought before a court of competent jurisdiction within State of Arizona. This shall be the exclusive venue for any disputes arising among the parties to this Agreement and all parties agree to submit to personal jurisdiction in State of Arizona for the resolution of any disputes arising under this Agreement.
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Both SELLER and COMPANY agree not to assign or transfer its rights or obligations under this Agreement to any non-party without the prior written consent of the other. Any attempted assignment or transfer in violation of the foregoing shall be null and void and unenforceable. Notwithstanding the foregoing, SELLER shall have the right, without obtaining the prior written consent of COMPANY to assign or transfer any of its rights or obligations under this Agreement to any entity, affiliate or assign that is owned, in whole or in part, by SELLER. Excluded from this clause is the assignment by SELLER, in part or in full, to any parties which have materially conflicting business interests with COMPANY.
6. Force Majeure.
Except as otherwise provided, if performance hereunder (other than payment) is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of a party, the party so affected, upon giving prompt notice to the other party, will be excused from such performance to the extent of such prevention, restriction or interference.
7. Independent Contractors.
The parties to this Agreement are considered to be independent of one another and by virtue of this Agreement there is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship which has been or may be deemed to have been created.
Any notices hereunder will be given to the appropriate party at the address specified above or at such other address as the party will specify in writing. Notice will be deemed given: (i) upon personal delivery; (ii) if sent by fax, upon confirmation of receipt; (iii) if sent by an overnight courier, upon confirmation of delivery by the courier; (iv) if by mail, then three (3) days after deposit of certified mail; and if provided by e-mail.
9. Entire Agreement
This Agreement, including all the Schedules, exhibits and other documents attached hereto or incorporated by reference herein, sets forth the entire understanding and agreement of the parties, and supersedes any and all prior oral or written agreements or understandings between the parties as to the subject matter of the Agreement. In the event of an inconsistency between any other documents which is part of this Agreement, the terms of this Agreement will govern. This Agreement may be modified by Company at any time by updating it online. This Agreement, and any subsequent modified versions can be found at: http://www.SelfStorageAuction.com. The Seller acknowledges that they alone are responsible for checking this Agreement prior to utilizing the Service, and for contacting Company to see if the Agreement has been modified.
Any waiver of a breach of any provision of this Agreement must be evidenced in writing and will not operate or be interpreted as a waiver of any other or subsequent breach.
Auction Bidder, Auctioneer, Private Seller and Storage Facility accounts are free of charge. Auction Buyers can upgrade to the Executive Membership. Executive Membership subscriptions are non-refundable and are not pro-rated. If payment is made by credit card, the subscription shall renew automatically, and the credit card charged automatically. Members shall contact SelfStorageAuction.com, LLC. in advance in order to avoid auto-renewal.
Please carefully select the information you post on SelfStorageAuction.com and that you provide to other Users. Your SelfStorageAuction.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other SelfStorageAuction.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SelfStorageAuction.com assumes no responsibility or liability for this material. If you become aware of misuse of the SelfStorageAuction.com Services by any person, please contact SelfStorageAuction.com or click on the "Contact Us" link on SelfStorageAuction.com homepage.
SelfStorageAuction.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the SelfStorageAuction.com Services at any time, for any or no reason, with or without prior notice, and without liability. SelfStorageAuction.com expressly reserves the right to remove your account and/or restrict, suspend, or terminate your access to any part of SelfStorageAuction.com Services if SelfStorageAuction.com determines, in its sole discretion, that you pose a threat to SelfStorageAuction.com and/or its Users.
Use of and Membership in the SelfStorageAuction.com Services is void where prohibited. By using SelfStorageAuction.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate and pertains to on-site storage auctions (not online auctions); (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the SelfStorageAuction.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, or for any other reason at SelfStorageAuction.com sole discretion.
This Agreement shall remain in full force and effect while you use the SelfStorageAuction.com Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting SelfStorageAuction.com. SelfStorageAuction.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including but not limited to sections 5-17
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time, or to disclose your password to any third party. You agree to notify SelfStorageAuction.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4.Non-commercial Use by Members.
The SelfStorageAuction.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SelfStorageAuction.com. Illegal and/or unauthorized use of the SelfStorageAuction.com Services is prohibited. Illegal and/or authorized use of SelfStorageAuction.com Services include but are not limited to: collecting auction dates or unit counts, by electronic or other means, for commercial or competitive purposes, regardless of whether for profit or non-profit purposes; collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email; unauthorized framing of or linking to the SelfStorageAuction.com Website. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action may be taken for any illegal or unauthorized use of the SelfStorageAuction.com Services
5. Proprietary Rights in Content on SelfStorageAuction.com.
SelfStorageAuction.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the SelfStorageAuction.com Services. After posting your Content to the SelfStorageAuction.com Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the SelfStorageAuction.com Services, you hereby grant to SelfStorageAuction.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the SelfStorageAuction.com Services. Without this license, SelfStorageAuction.com would be unable to provide the SelfStorageAuction.com Services. For example, without the right to modify Member Content, SelfStorageAuction.com would not be able to format Content to satisfy technical requirements. The license you grant to SelfStorageAuction.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to SelfStorageAuction.com), fully-paid and royalty-free (meaning that SelfStorageAuction.com is not required to pay you for the use on the SelfStorageAuction.com Services of the Content that you post), sub-licensable (so that SelfStorageAuction.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the SelfStorageAuction.com Services), and worldwide (because the Internet and the SelfStorageAuction.com Services are global in reach). This license will terminate at the time you remove your Content from the SelfStorageAuction.com Services. The license does not grant SelfStorageAuction.com the right to sell your Content, nor does the license grant SelfStorageAuction.com the right to distribute your Content outside of the SelfStorageAuction.com Services.
You represent and warrant that: (i) you own the Content posted by you on or through the SelfStorageAuction.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the SelfStorageAuction.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the SelfStorageAuction.com Services.
The SelfStorageAuction.com Services contain Content of SelfStorageAuction.com ("SelfStorageAuction.com Content"). SelfStorageAuction.com Content is protected by copyright, trademark, patent, trade secret and other laws, and SelfStorageAuction.com owns and retains all rights in the SelfStorageAuction.com grants you a limited, revocable, non-sub licensable license to reproduce and display the SelfStorageAuction.com Content (excluding any software code) solely for your personal use in connection with viewing the SelfStorageAuction.com Website and using the SelfStorageAuction.com Services
The SelfStorageAuction.com Services contain Content of Users and other SelfStorageAuction.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SelfStorageAuction.com Services.
6. Content Posted.
SelfStorageAuction.com may delete any Content that in the sole judgment of SelfStorageAuction.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. SelfStorageAuction.com assumes no responsibility for monitoring the SelfStorageAuction.com Services for inappropriate Content or conduct. If at any time SelfStorageAuction.com chooses, in its sole discretion, to monitor the SelfStorageAuction.com Services, SelfStorageAuction.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the SelfStorageAuction.com Services, and any material or information that you transmit to other Members, and for your interactions with other Users. SelfStorageAuction.com does not endorse and has no control over the Content. Content is not reviewed by SelfStorageAuction.com prior to posting and may not reflect the opinions or policies of SelfStorageAuction.com. SelfStorageAuction.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the SelfStorageAuction.com Services. SelfStorageAuction.com reserves the right to investigate and take appropriate legal action against anyone who, in SelfStorageAuction.com sole discretion, violates this provision, including without limitation, reporting offenders to law enforcement, removing the offending communication from the SelfStorageAuction.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SelfStorageAuction.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
10. includes a photograph of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
11. advertising to, or solicitation of, any Member to buy or sell any products or services through the SelfStorageAuction.com Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the SelfStorageAuction.com Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, SelfStorageAuction.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which SelfStorageAuction.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the SelfStorageAuction.com Services, you acknowledge that you will have caused substantial harm to SelfStorageAuction.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay SelfStorageAuction.com $100 for each such unsolicited email or other unsolicited communication you send through the SelfStorageAuction.com Services;
12. covering or obscuring the banner advertisements on your personal profile page, or any SelfStorageAuction.com page via HTML/CSS or any other means;
13. any automated use of the system, such as using scripts to add friends or send comments or messages
14. interfering with, disrupting, or creating an undue burden on the SelfStorageAuction.com Services or the networks or services connected to the SelfStorageAuction.com Services;
15. attempting to impersonate another Member or person;
16. for band profiles, copying the code for your SelfStorageAuction.com Player and embedding it into other profiles or asking other Members to embed it into their profiles;
17. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
18. selling or otherwise transferring your profile;
19. using any information obtained from the SelfStorageAuction.com Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the SelfStorageAuction.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
20. using the SelfStorageAuction.com Services in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SelfStorageAuction.com to terminate Membership privileges of any Member who infringes the copyright rights of others upon SelfStorageAuction.com receipt of proper notification by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the SelfStorageAuction.com Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the SelfStorageAuction.com Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. SelfStorageAuction.com Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, SelfStorageAuction.com, 8222 S 48th St Phoenix, AZ 85044; Attn: Copyright Agent; and email: [email protected]
9. Member Disputes.
You are solely responsible for your interactions with other SelfStorageAuction.com Members. SelfStorageAuction.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
SelfStorageAuction.com is not responsible for ensuring legal compliance with state lien laws or state self-storage acts or any other laws. SelfStorageAuction.com does not guarantee compliance with such laws or provide legal advice. SelfStorageAuction.com is not a substitute for an attorney. SelfStorageAuction.com is not responsible for any incorrect or inaccurate Content posted on the SelfStorageAuction.com Website or in connection with the SelfStorageAuction.com Services, whether caused by Users of the SelfStorageAuction.com Services or by any of the equipment or programming associated with or utilized in the SelfStorageAuction.com Services. Profiles created and posted by Members on the SelfStorageAuction.com Website may contain links to other websites. SelfStorageAuction.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by SelfStorageAuction.com. Inclusion of any linked website on the SelfStorageAuction.com Services does not imply approval or endorsement of the linked website by SelfStorageAuction.com. When you access these third-party sites, you do so at your own risk. SelfStorageAuction.com takes no responsibility for third party advertisements, which are posted on this SelfStorageAuction.com Website or through the SelfStorageAuction.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. SelfStorageAuction.com is not responsible for the conduct, whether online or offline, of any User of the SelfStorageAuction.com Services. SelfStorageAuction.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. SelfStorageAuction.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the SelfStorageAuction.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the SelfStorageAuction.com Services. Under no circumstances shall SelfStorageAuction.com be responsible for any loss or damage, including personal injury or death, resulting from use of the SelfStorageAuction.com Services, attendance at a SelfStorageAuction.com event, from any Content posted on or through the SelfStorageAuction.com Services, or from the conduct of any Users of the SelfStorageAuction.com Services, whether online or offline. The SelfStorageAuction.com Services are provided "AS-IS" and as available. SelfStorageAuction.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SelfStorageAuction.com cannot guarantee and does not promise any specific results from use of the SelfStorageAuction.com Services. The Self-storage Legal Network (SSLN) does not provide legal services. The Self-storage Legal Network ("SSLN") is not a law firm but independent legal information consulting firm and not a part of the Self-storage Association (Association) or SelfStorageAuction.com. As such, no information or advice is given as part of the ordinary membership benefits of the Association or SelfStorageAuction.com, nor is it given on behalf of the Association or SelfStorageAuction.com. The SSLN does not serve as an attorney for Association or SelfStorageAuction.com members who subscribe to their respective services. The information is provided by experienced licensed attorneys. The SSLN cannot offer advice on disputes between operators who are subscribers, nor can the SSLN represent any subscriber in a lawsuit, or engage in any communication with any person or firm with whom a subscriber may have a dispute. The undersigned acknowledge that an attorney/client relationship is not created between the SSLN and its subscribers or subscribers to SelfStorageAuction.com services. The information or advice offered by the SSLN to any inquiring subscriber is based upon the description of the problem offered at the time, and there may be facts or aspects of the problem which are not known, or not adequately communicated by the inquiring subscriber at the time advice is sought. The advice given is intended to be pragmatic and preventative in nature, and based upon the best judgment and experience of the SSLN attorney responding to the inquiry. The subscriber should always follow up with an inquiry to his or her lawyer in the event that further complications or disputes are expected. The SSLN is not a substitute for your lawyer's advice or representation, and no advice given should be taken as overruling any advice given by your lawyer. In the event of any perceived discrepancy or conflict in the advice given by the SSLN and any advice given by your lawyer, you should consult further with your lawyer to arrive at a definitive course of action. Your own lawyer must always have the last word on how to proceed.
12. Limitation on Liability.
IN NO EVENT SHALL SELFSTORAGEAUCTION.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SELFSTORAGEAUCTION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SELFSTORAGEAUCTION.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SELFSTORAGEAUCTION.COM FOR THE SELFSTORAGEAUCTION.COM SERVICES DURING THE TERM OF MEMBERSHIP.
13. U.S. Export Controls.
Software available in connection with the SelfStorageAuction.com Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the SelfStorageAuction.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
If there is any dispute about or involving the SelfStorageAuction.com Services, you agree that the dispute shall be governed by the laws of the State of, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Arizona, City of Phoenix. Either SelfStorageAuction.com or you may demand that any dispute about or involving the SelfStorageAuction.com Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Phoenix, Arizona, USA, provided that the foregoing shall not prevent SelfStorageAuction.com from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold SelfStorageAuction.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SelfStorageAuction.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the SelfStorageAuction.com Website or through the SelfStorageAuction.com Services causes SelfStorageAuction.com to be liable to another.
16. Force Majeure
SelfStorageAuction.com shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.
This Agreement is accepted upon your use of the SelfStorageAuction.com Website or any of the SelfStorageAuction.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and SelfStorageAuction.com regarding the use of the SelfStorageAuction.com Services. The failure of SelfStorageAuction.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Contests offered by SelfStorageAuction.com or affiliates thereof: No duplicate entries are accepted. Employees, vendors, or contractors are not eligible for prizes. Federal, state and local taxes are the sole responsibility of the winner. By entering you agree to allow SelfStorageAuction.com to use your name and likeness across various off-line and online platforms, including, but not limited to, the SelfStorageAuction.com website, the PROSelfStorageAuction.com website, Facebook, Twitter and YouTube. Winners will be contacted via email with information regarding how to claim their prize. SelfStorageAuction.com shall not be responsible for communications (postage, fax, electronic mail) errors or delays affecting the standing or eligibility of a contestant. For a list of winners, please forward your request to [email protected] Substitution for any prize may be necessary due to lack of availability. In those instances, a comparable prize of equal or greater value will be awarded. SelfStorageAuction.com reserves the right to change contest rules at any time.
19. Transactional Emails.
SelfStorageAuction.com communicates with their members via transactional emails that do not contain an unsubscribe link. Such transactional emails include, but are not limited to, a welcome email, an invitation to join our Facebook page, a reminder about our Facebook page, and a reminder to login when a member has not done so for fifteen (15) days. An account should not be created unless the User agrees to receive these emails. A member who does not want to receive such emails can cancel their account at any time.
Please Contact SelfStorageAuction.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS AND CONDITIONS CONTAINED ABOVE.