This document describes terms and conditions applicable to your use of the services made available by storagetreasures.com, LLC, ("Storage Treasures," "We," or "Us") at the Website www.storagetreasures.com (the "Site").
Section 1. Important Information/Definitions.
Please read the following terms and conditions of use carefully. Your use of and registration on this Website implies that You have read and accepted these Terms and Conditions. Do not use this Website if You do not agree and accept the Terms and Conditions provided below.
Section 2. General.
2.1 Services. This Terms and Conditions of Use Agreement (hereafter this "Agreement") sets forth the general terms and conditions that apply to the use by You of the Site, including the features and services offered by Us from time to time at or through the Site (collectively with the Site, the "Services"). BY REGISTERING AS A BIDDER AND/OR USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between You and Storage Treasures and, if applicable, the individual storage facility, and describes Your responsibilities in connection with Your use of the Services and, among other things, limits the liability of Storage Treasures. Before using any of the Services, please read all of this Agreement carefully. By accessing or using any Services, You affirm that You are over 18 years of age and are otherwise capable of forming legally binding contracts, and that You agree to be legally bound and to abide by this Agreement. If You are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES.
2.2 Amendments. We reserve the right, exercisable in Our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on Our Site. You may also receive notice of these changes by link or a "pop up" when You next sign in. This Agreement may not otherwise be amended except in a writing signed by You and Us. Any signature by You may be electronic. Continued use of the Services by You constitutes Your binding acceptance of this Agreement, including any changes or modifications made by Us, as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review Your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to You, You must immediately cease all use of the Services. The right to access and use the Services is personal to You and is not transferable to any other person or entity.
2.4 Your Account. Your Account is identified by Your chosen user ID (Your "User Name") and You are the only party authorized to use Your User Name. You are responsible for maintaining the confidentiality of Your registered account with Us and any password(s) You have chosen or We may issue to You in connection with Your access and use of the Services. You are responsible for all uses of Your account, whether or not actually or expressly authorized by You. If You believe that Your account and/or password(s) have been misused or compromised in any manner, please contact Us immediately at firstname.lastname@example.org.
2.5 Covenant Regarding Your Account. You agree that You will not maintain multiple registered accounts or User Names with Us without Our express written consent. If You wish to maintain a multiple account, You may submit a request to do so to email@example.com, including Your primary User Name and Your reason for having multiple accounts.
2.6 Equipment. You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arising from or relating thereto.
2.7 We are not involved in conducting the auctions. We are not involved in actual transactions between users of the Site or any "External Sites" as defined in section 7.1 below. Section 3. Online Auctions Participation. THE FOLLOWING DESCRIBES THE TERMS ON WHICH STORAGE TREASURES OFFERS YOU ACCESS TO ONLINE AUCTIONS CONDUCTED BY PARTICIPATING SELF STORAGE FACILITIES ("SSFs").
3.1 Storage Treasures is only a venue. Notwithstanding section 2.7 above, We are not an auction house and are not conducting the live auctions at the SSF. Our service allows You to participate in online auctions conducted by the SSFs. We are solely a passive conduit to facilitate communication between You and the SSF. We reserve the right, in Our sole discretion, to change some or all of Our services at anytime.
3.1.01 Control. We have no control over the quality, safety or legality of the items advertised on Our site, the truth or accuracy of the listings, or the ability of SSFs to sell. We do not ensure that a seller will actually complete a transaction. Notice: due to the nature of self-service storage statutes, items placed for auction MUST be redeemable by the storage occupant until the time the sale is completed. Thus, items placed for auction may be removed from auction up and until the time the sale expires according to the sale clock on the Website.
3.1.02 Release. Notwithstanding section 2.7 above, because We are not involved in the actual transaction between buyers and SSFs, in the event that You have a dispute with an SSF, You release Storage Treasures (and Our officers, directors, agents, parent, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code A§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."
3.2 Eligibility. Each SSF that conducts an online auction will have its own specific action requirements that must be met in order for You to participate in that auction. Each SSF has sole discretion to refuse to approve Your eligibility for any auction. These requirements may differ from the Provision umbrella requirements to participate in an auction set forth in this Agreement and these SSF individual requirements may lengthen or shorten the amount of time to claim the property sold at auction to You and/or may change acceptable payment terms, and etc., which are described more specifically in Section 12.4.
3.3 Fees. The SSF will not add a buyer's premium; however, You agree that in addition to any bid that is accepted as a winning bid You will pay and will be charged to the credit card You have provided US along with registration with this site a ten percent (10%) buyer premium to Us as the fee for acting as the conduit between the SSF and You. This fee is non-refundable. Any dispute with the SSF over availability of the kind and quality of the goods purchased is governed by the dispute procedures listed in 3.8 and 3.9 among other places.
3.4 SSF Disclosures. Depending on the state in which the auction will be held, the SSF will provide either a specific inventory of the contents of the storage unit, an inventory generally describing the goods (this is defined by state Statute but generally means that no boxes, valises, or other items sealed in a manner which deter immediate access were opened and reviewed, thus, only large visible items are listed or highlighted, or You may see only a picture of the unit taken from the door of the unit looking in with no other description.) In all cases, the description provided is the only information known by Us about the contents of the unit and Your bid should be based upon the inventory provided by the SSF without reliance on Us. We make no warranties, express or implied, of the accuracy of the descriptions, the kind, quality, or count of any items or merchandise in the unit. We do not control the information provided by the SSF which is made available through Our systems and You shall not be entitled to a refund from the SSF or Us in the event You do not determine that the kind, quality, or type of goods are present or that any of the goods sold in a winning bid to You from an auction are in working, safe, operable, or legal condition. You are strictly cautioned to inspect all items for illegal contents prior to removing them from the unit should You be the winning bidder of a unit or units. Any illegal materials found including, but not exclusively, illegal pornography, drugs, and certain types of alcohol, are excluded from the sale and You should contact the local Police Department in the area where the self-storage facility is located for seizure and removal of those items. Should You choose, intentionally or accidentally, to remove contents which contain illegal items (including items deemed illegal by the local ordinances, State and Federal Statutes,) this shall be done at Your sole risk of loss and liability.
3.5 Bidding and Conditions of Sale. You understand that, due to state law, a self-service storage sale may be withdrawn for any reason by the owner until the time has expired and a winner has been declared and notified by Us via e-mail. You may only bid and use the Site if You are registered. You agree to comply with the general rules of bidding described in Section #12.4 as well as the self storage facility specific rules for auctions or sale contained in the individual sale posting. All auctions will be conducted in U.S. Dollars. You are responsible for insuring that You have sufficient funds to cover the cost of Your bid and make payment to the self-service storage facility as described as well as pay the ten percent (10%) buyer's premium which is charged immediately upon conclusion of the bidding and Your notification from Us that You were the winner. Should Your credit card not be authorized or not allow the charge of the buyer's premium We, in Our sole right and discretion, have the right to: (a.) contact You and request an alternative form of payment; (b.) consider Your last bid to be null and void and award the contents to the next highest bidder; (c.) declare the sale null and void and put the unit up for sale on another date and time. Self-storage facilities are entitled to set applicable minimum bids. The winning bid in any auction will be the highest bid to a registered participant on the Website (that exceeds the reserve price of any) and meets the other conditions that are specific to the sale. If You are the winning bidder, You acknowledge and agree that You have placed the highest bid above any reserve or minimum bid price and once We confirm acceptance of Your bid, that You have entered into a legally binding contract to purchase and remove within the time period provided the entire contents of the unit from the self-service storage facility. Any attempt to cancel or withdraw Your bid after it has been accepted and determined to be the winning bid by Us or the SSF will be considered a breach of this Agreement. Rules governing bid increments and other conditions the buyer must meet to purchase the units may change and are posted with each advertisement for each individual auction. The SSF will post the terms and conditions which are specific to the sale and are in supplement to the ones contained in this Terms and Conditions statement and will maintain those terms throughout the entire auction period. You agree to be bound by these additional bidding Terms and Conditions of sale by agreeing to this Agreement and placing a bid. This Agreement, in addition to those SSF terms and conditions, governs Your bidding activity as well as Your participation in an auction. We have the final right and determination with respect to Your bid on the item, the sale of the item, the resolution of disputes including the right to, in Our sole discretion, to determine: (a.) who is the successful final bidder; (b.) reject any bid that We believe is not commensurate with the value of the item being offered; (c.) any bid that We believe may have a detrimental effect on the item in question; (d.) any bid We believe to be a fraudulent bid as described below.
3.6 Anti-Fraud/Fraudulent Bidding. Your right to bid on auctions, even close to the end of the sale, may be suspended for a manual anti-fraud check for up to thirty (30) minutes and may be suspended longer for a more complete investigation. We will conduct an anti-fraud check because of a growing number of fraud transactions from persons who are not the actual credit card holders of the credit cards used during the purchase. Anti-fraud checks are performed if We believe You, as Our registered customer, are not the actual bidder, if a credit card is being used to pay the buyer's premium, or winning bidder information is placed that indicates that the registered user is not the actual winning bidder, or if bid increments increase at rates or levels which We deem to be inappropriate, unacceptable, or a cause for concern of fraudulent activities.
3.7 Storage Treasures Site Video and Audio. Any audio or video aspects of an online auction event are for entertainment purposes only.
3.8 No Warranty. WITHOUT LIMITING SECTION 11 BELOW, WE DO NOT WARRANT THAT THE ONLINE AUCTION SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT BIDS WILL BE RECEIVED BY THE SSF OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION, NOR DO WE GUARANTEE THE PERFORMANCE OFANY OBLIGATIONS BY A SSF.
3.9 Limitation of Liabilities. WITHOUT LIMITING SECTION 12 BELOW, IN NO EVENT SHALL WE, the SSFs, OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITHTHE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED OR RECEIVED BY YOU OR THE SSF IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING OUR NEGLIGENCE).
Section 4. Information You Provide to Us.
4.1 Your Information. The term "Your Information" means collectively the following: (i) any information or materials You provide to Us in connection with Our registration process, Your use of any Services or in email correspondence with Us, (ii) any information or materials You provide to other users of the Site in connection with Your use of any Services, or in any public message board or chat room area, (iii) any information or materials You provide to the SSF or other third party of Storage Treasures in connection with Your use of any Services, and (iv) any search terms or other instructions that You transmit to Our servers through a web browser. Please note that the information and materials belonging to You which may be a portion of this Agreement may include without limitation textual information, graphic images, photographs, and audio-visual materials. Except as may be otherwise expressly provided to the contrary in this Agreement or the Additional Agreements, You are solely responsible for Your Information, and We act at all times as a passive conduit for Your online distribution, communication, and/or publication of Your Information.
4.2 Covenant Regarding Your Information. You agree that Your Information: (i) will not be false, inaccurate, frivolous, or misleading, (ii) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (iii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (iv) will not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or obscene, (v) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services, (vi) will not create any liability for Storage Treasures or cause Storage Treasures to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, and (vii) will not contain any links to or from other information or websites for which You do not have the right to make or reproduce such links.
4.3 Updated Information. If You are a registered user of the Site, You agree to promptly update Your account registration information in order to keep it current, complete, and accurate.
4.4 Limited License. To enable Us to use Your Information, so that We are not violating any rights You might have in Your Information, You hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or hereafter existing, with respect to Your Information.
Section 5. Use of Content.
5.1 Copyright. You acknowledge that the Services contain information, text, software, photographs, music, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Storage Treasures, the SSF's, or third parties. All Content used or made available through the Services is copyrighted as a Storage Treasures, LLC, collective work and/or compilation of Storage Treasures pursuant to applicable copyright law. Storage Treasures owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to Storage Treasures and specifically the form and format for conducting online storage auctions. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services.
5.2 Limited License. Subject to Your compliance with the terms and conditions of this Agreement (including without limitation the restrictive terms and conditions set forth in this Section 5), and except to the extent otherwise expressly provided in an Additional Agreement between You and Storage Treasures, You are granted a limited non-exclusive, non-transferable, non-sub-licensable, and revocable license to access the Services and/or Content only for Your own personal noncommercial use. You acknowledge that all Content included with the Services is provided for Your own use. In no case shall You re-publish the Content in any form without express written permission of Storage Treasures. Your right to use the Services is limited to a single workstation at a time unless an additional agreement for network access has been signed by both parties. You acknowledge that You are not permitted to sell or otherwise dispose of any software downloaded from Us and that no rights granted hereunder may be assigned or sublicensed by Licensee, any assignment or sublicense being void. You agree that You may not in any way exploit or commercially use any of the Services and/or Content, in whole or in part, except as expressly permitted in this Agreement or in an Additional Agreement between You and Storage Treasures. You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted materials. You shall not store electronically any portion of any Services and/or Content. You may not collect and use email addresses of other users of the Site or other user account information, listings, or perform any form of data extraction or data-mining whatsoever.
5.3 Trademarks. Storage Treasures and storagetreasures.com are trademarks and service marks of Storage Treasures, LLC, ALL RIGHTS RESERVED. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of same, is strictly prohibited.
5.4 Uploading or Posting Content. You will not upload, post, or otherwise make available through the Services any Content protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting Content to any public area of the Site, You hereby grant, or warrant that the owner of such Content has expressly granted, Storage Treasures a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly display and distribute such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user of the Services to access, view, store, or reproduce such Content for that user's personal use.
5.5 Beneficiaries. The foregoing provisions of this Section 5 are for the benefit of Storage Treasures, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Section 6. Site Access; Interference with Services; Monitoring; Compliance with Laws.
6.1 Site Access. We do not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of Our control. We recommend that You use Storage Treasures with Microsoft Windows Operating Systems and Internet Explorer Version _____ or Safari Version _____ or later. Internet connection speed will determine how rapidly pages with photographs load to Your browser.
6.2 No Interference. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy Our web pages or the content contained herein without Our prior expressed written permission. You agree that You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or the Services, or any transaction being conducted on or through the Site or Services. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on Our server infrastructure of the Site.
6.3 Fraudulent Activity. You may not register to use any Services under a false name, or use an invalid or unauthorized credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services. You may not impersonate any other user of the Services, or make use of another user's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported by Us to law enforcement authorities, and We will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law.
6.4 Monitoring. You agree that Storage Treasures has the right, but not the obligation, to monitor any form of user activity and/or content linked to or from or otherwise associated with the Services. We may investigate any reported violation of Our Agreement, Additional Agreements or Site policies, and any user or other third party complaints relating thereto. We may take any action that We deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending or terminating Services, denying Site access and/or removing any materials posted on the Site, and/or temporarily suspending an account during such investigation), all of which is described in Section 8.1. We may also investigate, in Our sole discretion, the use of any credit card used by You in connection with the Services, and take such action as We deem necessary or appropriate, including without limitation contacting the owner or user of such credit card or canceling purchases placed by such owner or user.
6.5 Compliance with Laws. The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be conducted by means of the Services. Section 7. External Sites; Linking.
7.1 External Sites. The Services may contain links to websites on the Internet that are owned and operated by third parties (the "External Sites"). This Agreement does not apply to Your use of any External Site to which the Site links, and We are not responsible for the availability of any External Site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Site, and You acknowledge that Storage Treasures is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Site. Under no circumstances will We be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to You in connection with Your use of, or reliance on, any content, goods, or services available on any External Sites. If You decide to access an External Site, You do so at Your own risk. You should contact the site administrator or Webmaster for those External Sites if You have any concerns regarding such links or the content or services located on such External Sites.
Section 8. Breach.
8.1 Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Your registered user account and/or refuse to provide the Services to You: (i) if You breach this Agreement or any of the Additional Agreements it incorporates by reference or which You have separately entered into with Storage Treasures; (ii) if We are unable to verify or authenticate any information You provide to Us; or (iii) if We believe that Your actions may cause legal liability for You, Us, Our other users, or other third party business affiliates.
Section 9. Indemnity.
9.1 You agree to indemnify, defend, and hold Storage Treasures and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Company Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any Company Party in connection with any use or alleged use of the Service under Your password by any person, whether or not authorized by You. Storage Treasures reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Storage Treasures' defense of such claim.
Section 10. Termination of or Change in the Services.
10.1 Storage Treasures shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services. Storage Treasures reserves the right, in its sole discretion, to restrict, suspend, or terminate Your access to all or any part of the Services at any time for any reason without prior notice or liability. Storage Treasures may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content without prior notice or liability.
SECTION 11. DISCLAIMER OF WARRANTIES.
11.1 NEITHER STORAGE TREASURES NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES STORAGE TREASURES, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE, SERVICES OR THE CONTENT. THE SERVICES AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF STORAGE TREASURES, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, SERVICES, ANY CONTENT OR ANY PRODUCTS SOLD THROUGH THE SERVICES. NEITHER STORAGE TREASURES NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. WITHOUT LIMITING ANY PROVISION HEREIN, STORAGE TREASURES MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER SYSTEM CONFIGURATION WILL BE COMPATIBLE WITH THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR COMPUTER SYSTEM HAS THE RECOMMENDED HARDWARE, OPERATING SOFTWARE, AND INTERNET BROWSER SOFTWARE VERSIONS TO ACHIEVE THE SITE'S FULL FUNCTIONALITY AND CAPABILITIES. Some states do not allow the disclaimer of implied warranties or limitation on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to You. You may have other rights, which vary from State to State.
SECTION 12. LIMITATION OF LIABILITY.
12.1 THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION 12 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT STORAGE TREASURES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12.2 UNDER NO CIRCUMSTANCES WILL STORAGE TREASURES OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR THE SERVICES, OR ANY LOSS OR DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION CONTAINED ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
12.3 NEITHER STORAGE TREASURES, ANY THIRD-PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such states, the liability of Storage Treasures, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to You.
12.4 Specific Auction Rules Pertaining to SSFs. The following are the specific rules regarding purchase from the SSFs. Additional rules by sale or facility may apply and are listed on the individual auction page.
Section 13. Miscellaneous.
13.1 Governing Law. ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT, OR THE NEGOTIATION, VALIDITY OR PERFORMANCE OF THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA WITHOUT REGARD TO ITS RULES OF CONFLICT OF LAWS. Each of the parties hereto hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of the State of Arizona and of the United States of America located in the State of Arizona (the "Arizona Courts") for any litigation among the parties hereto arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement, waives any objection to the laying of venue of any such litigation in the Arizona Courts and agrees not to plead or claim in any Arizona Court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the Arizona Courts.
13.2 Headings. Section headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13.3 Severability; Construction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions of Additional Agreements (whether such Additional Agreements are posted in electronic format on the Site or are separate written agreements entered into between You and Storage Treasures) such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions of the Additional Agreements shall control.
13.4 Waiver. Storage Treasures' failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Storage Treasures' right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Storage Treasures must be made in writing and signed by an authorized representative of Storage Treasures specifically referencing this Agreement and the provision to be waived.
13.5 Assignment; Third-Party Beneficiaries. This Agreement will inure to the benefit of Storage Treasures' successors and assigns. Except as set forth in this Agreement, this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto.
13.6 Notices. Except as otherwise provided herein, any notices to be given pursuant to this Agreement may be given by postal mail to Storage Treasures, LLC, 2660 East Mohawk Lane, Phoenix, Arizona, 85050, Attn: Vice President of Operations (in the case of Us) or to the e-mail address You provide to Storage Treasures during the registration process (in Your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Storage Treasures during the registration process in the event that an address was supplied. In such case, notice shall be deemed given 3 days after the date of mailing.
13.7 Survival. Subsections 3.1, 3.2, 3.3, 3.4, 3.5, 3.8, 3.9, 4.2, 5.2, 5.3, 5.5 and 7.1 and Section 8, 9, 10, 11 and 12.1, 12.2, and 12.3 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.
13.8 Integration. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and except for any Additional Agreements that You may have entered into with Storage Treasures, supersedes all previous written or oral agreements between the parties with respect to such subject matter hereof.