The services offered by StorageTreasures.com ("StorageTreasures.com" or "we") include the StorageTreasures.com website (the "StorageTreasures Website" or "Online Auction StorageTreasures Website" ), the StorageTreasures.com Sellers directory listing, and any other features, content, or applications offered from time to time by StorageTreasures.com in connection with the StorageTreasures Website (collectively, the "StorageTreasures Services"). The StorageTreasures Services are hosted in the U.S.
StorageTreasures.com may modify this Agreement from time to time and such modification shall be effective immediately when StorageTreasures.com posts them on the StorageTreasures Website. You agree to be bound to any changes to this Agreement when you use the StorageTreasures Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated regarding any changes.
Online Auction Terms
Online Auctions: StorageTreasures Bidder/Buyer Agreement
As a Bidder or Buyer you are responsible for reading and understanding all of the below terms. To aid your understanding, we have listed select highlights from the Bidding Rules Section, see below for more details. You also agree to the remaining terms of this Agreement.
$10 Bid Increments
Bids placed within the last 3 minutes will extend the auction so 3 minutes are added to the remaining time (refresh your screen often to see the most updated bid amount).
If you have a basic plan on StorageTreasures your buyer's premium is 15%. If you are a Pro Member your buyer's premium is only 10%. Upgrade for only $10 and Save!
In addition to the buyer premium, a 10% deposit of the sale price will be charged to the card on file, if applicable. This fee could vary from 0%-10%. This fee, once paid, if deducted off the amount owed at the facility. It is not an additional fee.
The cleaning deposit may vary by storage company or seller. Please check information for each auction.
The storage facility or seller is responsible for collecting cleaning deposit.
Clean out time may vary by storage company or seller. Please check information for each auction.
Sales tax may be collected at the facility or seller unless verification of exemption is provided.
All Unit(s) are subject to cancellation by the storage facility or seller.
The defaulted tenant has the legal right to cure the account thus cancelling the auction up until the cash payment is received from the winning bidder unless otherwise stated in the state's lien laws or by the storage company.
Bidders are Liable for their winning bids and associated premiums, taxes, & fees regardless of whether they claim the property in the Unit(s).
The facility does not accept any liability on the goods purchased at the time of the sale. Goods are purchased in an "AS-IS" condition. No guarantees or warranties of any type or kind are expressed or implied with the purchase of any item. ALL SALES ARE FINAL! The bidder will pay the self-storage facility directly for the units, according to the self-storage facility's terms.
Violation of any terms may prevent you from using the StorageTreasures services
Welcome to StorageTreasures.com online public sale website (the "Site"). Any person who wishes to access the Site to participate in the bidding and/or buying of goods from self-storage facility storage units on the Site must accept the terms and conditions of this Bidder/Buyer Agreement ("Agreement"), without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
StorageTreasures, LLC DBA StorageTreasures.com (hereinafter "StorageTreasures" or "StorageTreasures.com") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at https://www.StorageTreasures.com. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES, FOLLOWING STORAGETREASURES POSTING OF ANY CHANGES, WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
Public sales ("Sales") are of Unit(s) at self-storage facilities being sold for non-payment of rent pursuant to the self-storage lien law of the state where the facility is located, abandoned property, private sales, or charity units.
StorageTreasures.com is a disclosed agent for the self-storage facility that is selling the property listed for sale. As such StorageTreasures is a conduit for the sale only. StorageTreasures is not a party to the sale.
The following list includes the rules for the sale. These rules are in addition to the other Terms and Conditions which are provided in this Agreement and any rules of sale as provided by the facility selling the listed property.
The bidder will pay the self-storage facility directly for the units, according to the self-storage facility's terms.
The successful bidder will have specified clean out time from notification that the bid has been accepted to pay for and pick up the property during the storage facility's office hours. Access to unit(s) will not be granted until the bidder has paid in full, including any cleaning deposit(s) if the storage facility elects to collect them. If bidder fails to pick up the property within the specified time the winning bid amount, internet premium, any applicable sales tax, and the specified cleaning deposit may be charged. If the successful bidder pays for the unit in full but fails to completely remove all of the items from the unit (leaving the unit in a broom swept condition or executing a lease for the rental of the unit), the specified cleaning deposit will be charged.
Where applicable, the self-storage operator will collect applicable sales tax on the sales price for all sales unless the successful bidder provides documentation that bidder is exempt from sales tax or your state does not have a sales tax.
A sale is not deemed "final" until all money due is paid by the high bidder at the auction and received by facility and all property is removed from the unit by the high bidder or a lease is executed for the rental of the unit. Bidder understands and agrees that the owner of the property may redeem property until sale is final. Therefore, the successful bidder might not be able to pay for the unit(s) and take possession of the contents.
The facility does not accept any liability on the goods purchased at the time of the sale. Goods are purchased in an "AS-IS" condition. No guarantees or warranties of any type or kind are expressed or implied with the purchase of any item. ALL SALES ARE FINAL! The bidder will pay the self-storage facility directly for the units, according to the self-storage facility's terms.
Bids are in $10 increments.
Bids can only be made, and will only be accepted, during the specified time period. The storage facility may extend this specified time period at their sole discretion, for any reason. Additionally, any bid made within the last 3 minutes of the specified time period extends the time so that 3 additional minutes are added to the remaining time. Therefore, there will always be at least 3 minutes remaining after any given bid. The online collection of bids shall not cease until 3 minutes have passed without any additional bids.
The Auction Details Page specifies payment methods.
Both by creating a StorageTreasures account to bid on self-storage units online, and when registering to bid on a storage facility's units, you authorize StorageTreasures to charge your credit card $0.01 to validate your credit card. Validation charges will be reversed 10 days after such payments are processed.
If the winning bidder breaches the terms of this Agreement the back bidder with the second highest bid may be contacted to purchase the unit(s). If the second highest bidder cannot be contacted we will go to the next available bidder who placed a bid on that unit.
The location of an auction unit determines currency required. If an auction unit is located in Canada, bidder will receive an invoice payable in Canadian (CAD) currency. Auction units located in the United States will be payable in United States (USD) currency. The buyer's premium and up to a 10% deposit will be payable in currency where the contents is located. Unless otherwise specified on the Invoice.
StorageTreasures currently accepts credit card/debit card payments for the payment of the bidder's fees and cleaning deposits. StorageTreasures honors Visa, MasterCard, Discover and American Express. You warrant when placing a bid that you are able to make full payment for the space(s) chosen, if your bid becomes the winning bid, including premiums, sales tax and cleaning deposits. In the event that you are not able to make full payment for any reason, including without limitation insufficient funds, StorageTreasures may in its sole and absolute discretion cancel your bid. In such case, StorageTreasures may in its sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At StorageTreasures' sole discretion, but without any obligation, alternate payment methods may be arranged with the product purchaser(s) in the case where a payment method has been declined. The next card on file will be charged if your order declines.
StorageTreasures Reservation of Rights.
StorageTreasures 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 StorageTreasures, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies.
Your password may be used only to access the Site, use the Services, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised you must change your password.
Illegal Activity Compliance with Laws; Fraud.
The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and StorageTreasures will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Without limiting other remedies, StorageTreasures may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if StorageTreasures or any Certified Merchant is unable to verify or authenticate any information you provide to StorageTreasures; or (c) if StorageTreasures believes that your actions may cause legal liability for you, other StorageTreasures users or StorageTreasures. Additionally, independent of this Agreement, storage facilities reserve the right to prevent you from participating in their auctions.
Privacy, Monitoring and Disclosure.
Disclosure of Information.
As permitted by applicable law, StorageTreasures also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect StorageTreasures' systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of StorageTreasures' business and systems or other purposes deemed reasonable by StorageTreasures, StorageTreasures may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE RISK. STORAGETREASURES MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT CERTIFIED MERCHANTS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF STORAGETREASURES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STORAGETREASURES DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM STORAGETREASURES OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
BECAUSE STORAGETREASURES IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELF-STORAGE FACILITY, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, YOU RELEASE STORAGETREASURES (AND ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS 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 §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 EXPRESSLY 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 STORAGETREASURES.
Limitation of Liability.
STORAGETREASURES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD STORAGETREASURES AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
The laws of the State of Arizona govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING 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.
StorageTreasures.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
StorageTreasures, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.
General Provisions Entire Agreement.
StorageTreasures is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of StorageTreasures, its Certified Merchants and you.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
StorageTreasures failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of StorageTreasures' right to subsequently enforce such provision or any other provisions of this Agreement.
This Agreement ("Agreement") between STORAGETREASURES, LLC ("Company") AND each Storage Facility auctioning storage units online ("Seller") is as follows: WHEREAS, Company offers an online service for the collection of bids ("Service") for its storage company members to hold public sales of foreclosed self-storage units; and WHEREAS, Seller shall authorize personal property in its tenants' self-storage units ("Unit(s)') scheduled for foreclosure to be listed through the Service; and WHEREAS, the Seller shall specify their auction terms, such as additional time allowed to cleanout Unit(s) and any reserves/minimum bids on Unit(s), in addition to terms and conditions of Company's "Bidder/Buyer Agreement"; and WHEREAS, Company will collect bids from registered "Buyers" for the personal property in the Unit(s); and WHEREAS, the Seller may accept the highest bid and thereafter the buyer with the highest bid ("Buyer") shall pay the Seller directly, at the self-storage facility, the amount of the Buyer's accepted online bid(s) in exchange for the personal property in the Unit(s); and WHEREAS, the Buyer shall pay the Company directly for an online bidding administration fee; and Buyer will be liable to the Company for a $100 cleaning deposit ("Deposit") per Unit purchased; and
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.
StorageTreasures.com is a disclosed agent for the self-storage facility that is selling the property listed for sale. As such StorageTreasures is a conduit for the sale only. StorageTreasures is not a party to the sale.
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 liened 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 liened 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.
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 liened 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.
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.
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.
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, however a twenty dollar cancellation fee will be imposed ($20.00).
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.
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, although a cancellation fee of twenty dollars ($20.00) shall be imposed pursuant to Paragraph 6.
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.
The Seller's Obligations in delivery of the personal property in the Unit(s)
StorageTreasures specifies in the Buyer's terms, that Buyer shall have 72 hours to empty any Unit(s). The Seller must offer at least 72 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.
The Seller has discretion (subject to Paragraph Seven (7)) to refuse bids, to divide any personal property in the Unit(s), to withdraw any personal property in the Unit(s) from sale for the purpose of separately selling such personal property pursuant to state law, to cancel any Unit(s) (subject to any additional terms or cancellation fees imposed by Company pursuant to Paragraph 6), or to set a reserve amount/minimum acceptable bid on any Unit. The Seller will have access, within their StorageTreasures 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.
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.
StorageTreasures 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 StorageTreasures, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies.
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.
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).
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.
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. Additionally, Seller must maintain a StorageTreasures 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.
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.
Dispute Resolution. 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.
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.
Severability. 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. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Assignment. 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.
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.
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.
Notice. 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.
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: https://www.storagetreasures.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.
Waiver. 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 Buyer, Auctioneer, Private Seller and Storage Company accounts are free of charge. Auction Buyers can upgrade to the Pro Membership. Pro 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 StorageTreasures, LLC. in advance in order to avoid auto-renewal.
Please carefully select the information you post on StorageTreasures.com and that you provide to other Users. Your StorageTreasures.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 StorageTreasures.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and StorageTreasures.com assumes no responsibility or liability for this material. If you become aware of misuse of the StorageTreasures Services by any person, please contact StorageTreasures or click on the "Contact Us" link on StorageTreasures.com homepage.
StorageTreasures.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 StorageTreasures Services at any time, for any or no reason, with or without prior notice, and without liability. StorageTreasures expressly reserves the right to remove your account and/or restrict, suspend, or terminate your access to any part of StorageTreasures Services if StorageTreasures determines, in its sole discretion, that you pose a threat to StorageTreasures and/or its Users.
Eligibility. Use of and Membership in the StorageTreasures Services is void where prohibited. By using StorageTreasures 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 14 years of age or older; and (d) your use of the StorageTreasures 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 14 years of age, or for any other reason at StorageTreasures sole discretion.
Term. This Agreement shall remain in full force and effect while you use the StorageTreasures Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting StorageTreasures. StorageTreasures.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.
Password. 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 StorageTreasures.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.
Non-commercial Use by Members. The StorageTreasures 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 StorageTreasures.com. Illegal and/or unauthorized use of the StorageTreasures Services is prohibited. Illegal and/or authorized use of StorageTreasures 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 StorageTreasures 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 StorageTreasures Services.
Proprietary Rights in Content on StorageTreasures.com.
StorageTreasures.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 StorageTreasures Services. After posting your Content to the StorageTreasures 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 StorageTreasures Services, you hereby grant to StorageTreasures.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the StorageTreasures Services. Without this license, StorageTreasures.com would be unable to provide the StorageTreasures Services. For example, without the right to modify Member Content, StorageTreasures.com would not be able to format Content to satisfy technical requirements. The license you grant to StorageTreasures.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to StorageTreasures.com), fully-paid and royalty-free (meaning that StorageTreasures.com is not required to pay you for the use on the StorageTreasures Services of the Content that you post), sub-licensable (so that StorageTreasures.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the StorageTreasures Services), and worldwide (because the Internet and the StorageTreasures Services are global in reach). This license will terminate at the time you remove your Content from the StorageTreasures Services. The license does not grant StorageTreasures.com the right to sell your Content, nor does the license grant StorageTreasures.com the right to distribute your Content outside of the StorageTreasures Services.
You represent and warrant that: (i) you own the Content posted by you on or through the StorageTreasures 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 StorageTreasures 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 StorageTreasures Services.
The StorageTreasures Services contain Content of StorageTreasures.com ("StorageTreasures.com Content"). StorageTreasures.com Content is protected by copyright, trademark, patent, trade secret and other laws, and StorageTreasures.com owns and retains all rights in the StorageTreasures.com Content and the StorageTreasures Services. StorageTreasures.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the StorageTreasures.com Content (excluding any software code) solely for your personal use in connection with viewing the StorageTreasures Website and using the StorageTreasures Services.
The StorageTreasures Services contain Content of Users and other StorageTreasures.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 StorageTreasures Services.
StorageTreasures.com may delete any Content that in the sole judgment of StorageTreasures.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. StorageTreasures.com assumes no responsibility for monitoring the StorageTreasures Services for inappropriate Content or conduct. If at any time StorageTreasures.com chooses, in its sole discretion, to monitor the StorageTreasures Services, StorageTreasures.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 StorageTreasures Services, and any material or information that you transmit to other Members, and for your interactions with other Users. StorageTreasures.com does not endorse and has no control over the Content. Content is not reviewed by StorageTreasures.com prior to posting and may not reflect the opinions or policies of StorageTreasures.com. StorageTreasures.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.
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 StorageTreasures Services. StorageTreasures.com reserves the right to investigate and take appropriate legal action against anyone who, in StorageTreasures.com's sole discretion, violates this provision, including without limitation, reporting offenders to law enforcement, removing the offending communication from the StorageTreasures Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of StorageTreasures.com:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
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;
advertising to, or solicitation of, any Member to buy or sell any products or services through the StorageTreasures 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 StorageTreasures 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, StorageTreasures.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 StorageTreasures.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 StorageTreasures Services, you acknowledge that you will have caused substantial harm to StorageTreasures.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 StorageTreasures.com $100 for each such unsolicited email or other unsolicited communication you send through the StorageTreasures Services;
covering or obscuring the banner advertisements on your personal profile page, or any StorageTreasures.com page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the StorageTreasures Services or the networks or services connected to the StorageTreasures Services;
attempting to impersonate another Member or person;
for band profiles, copying the code for your StorageTreasures Player and embedding it into other profiles or asking other Members to embed it into their profiles;
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;
selling or otherwise transferring your profile;
using any information obtained from the StorageTreasures 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 StorageTreasures 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
using the StorageTreasures Services in a manner inconsistent with any and all applicable laws and regulations.
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 StorageTreasures.com to terminate Membership privileges of any Member who infringes the copyright rights of others upon StorageTreasures.com's 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 StorageTreasures 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 StorageTreasures 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. StorageTreasures.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, StorageTreasures.com, 2501 W. Dunlap Ave. #255 Phoenix, AZ 85021; Attn: Copyright Agent; and email: email@example.com.
Member Disputes. You are solely responsible for your interactions with other StorageTreasures.com Members. StorageTreasures.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimers. StorageTreasures.com is not responsible for ensuring legal compliance with state lien laws or state self-storage acts or any other laws. StorageTreasures.com does not guarantee compliance with such laws or provide legal advice. StorageTreasures.com is not a substitute for an attorney. StorageTreasures.com is not responsible for any incorrect or inaccurate Content posted on the StorageTreasures Website or in connection with the StorageTreasures Services, whether caused by Users of the StorageTreasures Services or by any of the equipment or programming associated with or utilized in the StorageTreasures Services. Profiles created and posted by Members on the StorageTreasures Website may contain links to other websites. StorageTreasures.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 StorageTreasures.com. Inclusion of any linked website on the StorageTreasures Services does not imply approval or endorsement of the linked website by StorageTreasures.com. When you access these third-party sites, you do so at your own risk. StorageTreasures.com takes no responsibility for third party advertisements, which are posted on this StorageTreasures Website or through the StorageTreasures Services, nor does it take any responsibility for the goods or services provided by its advertisers. StorageTreasures.com is not responsible for the conduct, whether online or offline, of any User of the StorageTreasures Services. StorageTreasures.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. StorageTreasures.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 StorageTreasures 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 StorageTreasures Services. Under no circumstances shall StorageTreasures.com be responsible for any loss or damage, including personal injury or death, resulting from use of the StorageTreasures Services, attendance at a StorageTreasures.com event, from any Content posted on or through the StorageTreasures Services, or from the conduct of any Users of the StorageTreasures Services, whether online or offline. The StorageTreasures Services are provided "AS-IS" and as available. StorageTreasures.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. StorageTreasures.com cannot guarantee and does not promise any specific results from use of the StorageTreasures 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 StorageTreasures. As such, no information or advice is given as part of the ordinary membership benefits of the Association or StorageTreasures, nor is it given on behalf of the Association or StorageTreasures. The SSLN does not serve as an attorney for Association or StorageTreasures 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 StorageTreasures 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.
Limitation on Liability. IN NO EVENT SHALL STORAGETREASURES.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 STORAGETREASURES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STORAGETREASURES.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 STORAGETREASURES.COM FOR THE STORAGETREASURES SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the StorageTreasures Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the StorageTreasures Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving the StorageTreasures 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 StorageTreasures.com or you may demand that any dispute about or involving the StorageTreasures 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 StorageTreasures.com from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold StorageTreasures.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 StorageTreasures 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 StorageTreasures Website or through the StorageTreasures Services causes StorageTreasures.com to be liable to another.
Force Majeure. StorageTreasures.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.
Acceptance. This Agreement is accepted upon your use of the StorageTreasures Website or any of the StorageTreasures Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and StorageTreasures.com regarding the use of the StorageTreasures Services. The failure of StorageTreasures.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. Contests offered by StorageTreasures.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 StorageTreasures.com to use your name and likeness across various off-line and online platforms, including, but not limited to, the StorageTreasures.com website, the PROStorageTreasures.com website, Facebook, Twitter and YouTube. Winners will be contacted via email with information regarding how to claim their prize. StorageTreasures.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 firstname.lastname@example.org. 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. StorageTreasures.com reserves the right to change contest rules at any time.
Transactional Emails. StorageTreasures 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 StorageTreasures with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.