Effective Date: July 17th, 2014
Last Updated: January 27th, 2016
Section 1: Definitions
Unless the context requires otherwise, the terms used in this Agreement shall have the
following meanings assigned to them:
- 1.1 "You" means the individual accessing the site and/or your authorized representatives and anyone you provide access to the site via your username and password for the purpose of viewing, bidding on, or agreeing to a transaction on the site.
- 1.2 "Us", "We", or "StorageAuctions.net" refers to StorageAuctions.net LLC, a registered Limited Liability Company whose principal office is located at PO Box 878, Calimesa, CA 92320.
- 1.3 "Services" means the content and functionality of the site which allows you to place bids on storage units being auctioned by storage facilities which utilize the site to hold lien auction sales, advertise storage auctions for sale, as well as view locations of upcoming on-site storage auctions.
- 1.4 "Site" means the StorageAuctions.net website at http://storageauctions.net, including any subdomains.
- 1.5 "Additional Agreements" means any additional terms as specified by storage facilities engaged in listing auctions on the Site. By using the Site you are agreeing to each facility's additional terms, in addition to these terms and conditions.
- 1.6 "Terms and Conditions" means the terms and conditions of use that may change or be modified from time to time. If such changes occur, you will be notified on the site and your continued use of the site indicates your agreement to such terms.
- 1.7 "Transaction" means any purchase which results from being the winning bidder of a storage unit listed for auction by a self storage facility. Your completion of the sale at the storage facility, removal of unit contents, and adherence to any additional agreements outlined by the facility all constitute the transaction.
- 1.8 "Online Auction" means any auction listed by a storage facility or their licensed representative that allows bidders to take part in real-time bidding using their registered user account.
- 1.8 "On-Site Auction" means any auction occurring wholly at the physical location of the storage facility.
Section 2: General Conditions
By registering on the site the site you agree to the terms & conditions herein.
- 2.1 Services. These Terms and Conditions (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. BY REGISTERING AS A USER (BUYER OR STORAGE FACILITY) OR OTHERWISE USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINS HEREIN. This agreement is a legally binding agreement between you and StorageAuctions.net and where applicable the selling storage facility and describes your responsibilities related to your use of the services. You must be at least 18 years of age to use the StorageAuctions.net service. By using the StorageAuctions.net, you affirm that you are over 18 years of age and are capable of entering into legally binding contracts.
- 2.2 Amendments. StorageAuctions.net reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or making such revised Agreement available through the StorageAuctions.net Service. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the StorageAuctions.net Service. Your use of the StorageAuctions.net Service following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the StorageAuctions.net Service to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the StorageAuctions.net Service.
- 2.3 Additional Agreements. You agree to be bound by other agreements as they appear elsewhere in certain parts of the website. Storage facilities conducting auctions will specify their additional agreements (such as the time frame in which you must complete payment for the winning bid at the selling storage facility) on the auction detail page and you are bound by such.
- 2.4 Your Account. Your account is identified by your chosen user name and email address and is for your use only. All bids made using your account (winning or otherwise) are your responsibility. You are responsible for the confidentiality of your password and are responsible for all actions taken on the site using your account. If you believe your account's access has been compromised in any way, please contact us immediately at firstname.lastname@example.org.
- 2.5 Covenant Regarding Your Account. You agree to maintain only one user account at any one given time. Multiple accounts are not allowed without first contacting us with your existing username and reason behind requesting 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.
Section 3: We Are A Venue
- 3.1 StorageAuctions.net does not represent itself as an auctioneer. We are a venue only and do not conduct live auctions at storage facilities. We facilitate the exchange of bids to allow you to participate in storage auctions being held by participating storage facilities and act solely as a provider of software.
- 3.2 Control. We have no control over the items advertised in the storage units available on the site, or the condition or legality therein. Due to lien laws in individual states, any unit and it's content thereof may be removed from the auctions list at any time
- 3.3 Release. We are not involved in the actual transaction between you and the storage facility. In the event that you have a dispute with a selling storage facility, you hereby release StorageAuctions.net, its parent and affiliates and their directors, officers, managers, employees, shareholders, agents, and licensors from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Section 4: Bidding & Buying
- 4.1 Eligibility. Participating storage facilities have the final determination with respect to the bidding on the storage units the sale and the resolution of disputes, including the right using its sole discretion to: a) determine who is the successful bidder; b) reject any bid that it believes is not commensurate with the value of the item being offered; c) reject any bid that it believes may have a detrimental effect on the item in question, or the auction as a whole and; d) define cleanout and payment terms.
- 4.2 Fees. StorageAuctions.net charges a 10% non-refundable buyers premium (which is an additional fee that a winning bidder is required to pay above the auction closing price) based on the final winning bid amount, which is charged to the credit card associated with your account at the time the auction closes. You agree to pay the winning bid amount directly to the selling storage facility in accordance with their additional agreements.
- 4.3 Disclosures. Each state may have different requirements with regard to disclosure of storage unit contents. We make no warranties, express or implied, about the accuracy of the photos, descriptions, kind, quality, or quantity of any items or merchandise in the unit as described by the selling storage facility. Any illegal contents found in the unit including, but not limited to, illegal pornography, drugs, and certain types of alcohol, are excluded from the sale and You it is your responsibility to contact the local Police Department for seizure and removal of any illegal items, and you assume sole risk and liability in the event you intentionally or accidentally remove illegal items in violation of local, state, and/or federal laws.
- 4.4 Bidding & Conditions of Sale. All auctions are conducted in U.S. Dollars. You are responsible for ensuring that you have sufficient funds available using the payment method on file in your account to cover the cost of the buyers premium as well as your bid amount. If you are the winning bidder and we are unable to charge your payment method on file for the buyers premium, we reserve the right to a) contact you to obtain an alternate form of payment b) consider the next highest bidder as the winner or c) request that the selling storage facility repost the auction. In accordance with state laws, auctions may be withdrawn by the selling storage facility at any time and for any reason up to the close of the auction and the determination of the winning bidder. Once the winning bidder has been notified by email, the auction is considered closed. The winning bidder must then appear at the storage facility to complete the transaction within the timeframe allowed and according to the selling storage facilities policies, which in most cases involves a) paying the winning bid amount in whatever payment method is requested by the selling storage facility; b) leaving a cleaning deposit in the amount determined by the selling storage facility and; c) emptying and cleaning the unit.
Section 5: Selling
- 5.1 Protections. Seller shall hold harmless, indemnify and defend StorageAuctions.net against any claims, threatened or actual, whether or not litigation has ensued, which in any way or concern are related to the items to be sold or the method or conduct of sale. Seller warrants and represents that they have good title to the goods and/or property to be auctioned, and can and will deliver merchantable title to the goods and/or property to the Buyer. Seller warrants that the goods and/or property are free of all claims, liens, encumbrances and/or indebtedness, and that said goods and/or property can be auctioned without violation of any applicable local, state or federal statute, regulation, ordinance or rule. Seller recognizes that in some states, laws around storage lien auctions are vague and could be interpreted in a way that makes conducting lien auctions online illegal. Seller recognizes this risk and assumes any and all legal liability for conducting auctions online. Seller warrants that they have satisfied all necessary Federal, State or Local Statutes required to legally conduct storage lien auctions before using the Services, including holding a current and valid Auctioneer's license, if required by the State.
- 5.2 Notice and Advertising. Seller is solely responsible for providing legal notice in any form to all persons required to receive notice and will provide legal notices as required by Federal, State or Local Statutes.
- 5.3 Fees. There are no mandatory fees charged to sellers.
- 5.4 Cancellation of Scheduled Auctions. No cancellation fee will be charged.
Section 6: Information You Provide to Us
- 6.1 Your Information. The term "Your Information" means collectively the following: a) 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, b) 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, c) any information or materials you provide to storage facilities or other third parties affiliated with StorageAuctions.net in connection with your use of any Services, and d) 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 Your Information 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.
- 6.2 Covenant Regarding Your Information. You agree that Your Information: a) will not be false, inaccurate, frivolous, or misleading, b) will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, c) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising), d) will not be defamatory, trade libelous, unlawfully threatening , unlawfully harassing, or obscene, e) 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, f) will not create any liability for StorageAuctions.net or cause StorageAuctions.net to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, g) 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, and h) will not solicit or involve the purchase or sale of counterfeit, stolen or illegal items, or solicit or commit any fraudulent transaction or other form of criminal activity.
- 6.3 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.
- 6.4 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, 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 while using storageauctions.net.
Section 7: Use of Content
- 7.1 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 StorageAuctions.net or third parties. All Content used or made available through the Services is copyrighted as a collective work and/or compilation of StorageAuctions.net pursuant to applicable copyright law. StorageAuctions.net owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to StorageAuctions.net. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. StorageAuctions.net does not grant permission to users of its Services to reproduce images of original works of art.
- 7.2 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 7), and except to the extent otherwise expressly provided in an Additional Agreement between you and StorageAuctions.net, 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 non-commercial 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 StorageAuctions.net. Reproduction of images is strictly prohibited without the written permission of both StorageAuctions.net and the originating storage facility. Your right to use this product is limited to a single workstation 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 the software and that no rights granted hereunder may be assigned or sublicensed by Licensee, any assignment or sublicense being void.
You agree to maintain and/or reproduce all copyright and other notices contained in such Services and/or Content. You may not modify, publish, transmit, transfer or sell, resell, reproduce, create derivative works from, distribute, perform, display, or 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 StorageAuctions.net. 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 e-mail addresses of other users of the Site or other user account information, listings, or perform any form of data extraction or data-mining whatsoever. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any of the Services and/or Content is permitted without the express permission of StorageAuctions.net or the owners of such Services and/or Content or their authorized persons, if other than StorageAuctions.net. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any such downloaded Content. StorageAuctions.net reserves all rights in the Content and Services not expressly granted hereunder.
- 7.3 StorageAuctions.net is a trademark of StorageAuctions.net. All rights reserved. All other trademarks associated with product and company names that may appear in connection with the posting of items for sale are the property of their respective owners. Use of such third party trademarks does not suggest or imply any affiliation with or endorsement by those third parties.
- 7.4 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 Sites, you hereby grant, or warrant that the owner of such Content has expressly granted, StorageAuctions.net 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.
- 7.5 Beneficiaries. The foregoing provisions of this Section 7 are for the benefit of StorageAuctions.net, 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 8: Site Access, Interference with Services; Monitoring; Compliance
- 8.1 Site Access. All reasonable measures are taken by us to ensure that this Website is operational at all times. However, occasionally technical issues may result in errors or downtime. In no event shall We, our partners, or vendors be liable for lost profits or incidental, or consequential damages that may result from the failure of any information, data, or bid to be transmitted in a timely fashion, even if arising from our negligence.
- 8.2 No Interference. You agree that you will not use robots, spiders, or other automatic or manual processes to monitor or copy our web pages, content, or data without our prior express written permission. You agree to not use any device or software to interfere with the proper operation of the site or services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the server infrastructure of the Site.
- 8.3 Fraudulent Activity. You may not register to use the services under a false name, or use an unauthorized or invalid credit card in connection with any Services. You may not impersonate another user or make use of another user's account or password. 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. If we have any reason to believe that a bid has been made using fraudulent information, we reserve the right to suspend the auction at any time while a full and thorough investigation is completed.
- 8.4 Monitoring. You agree that We have 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 Sites 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). We may also investigate, in our sole discretion, the use of any credit card by a user 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 card or canceling bids placed by such owner or user.
- 8.5 Compliance. 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 9: External Sites, Linking
- 9.1 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 Sites to which the Sites links, and we are not responsible for the availability of any External Sites to which the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Sites, and you acknowledge that StorageAuctions.net is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Sites. 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 Sites, you do so at your own risk. You should contact the sites 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 10: Breach
- 10.1 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: a) if you breach this Agreement or any of the Additional Agreements it incorporates by reference or which you have separately entered into with StorageAuctions.net; b) if we are unable to verify or authenticate any information you provide to us; or c) if we believe that your actions may cause legal liability for you, us, our other users, or other third party business affiliates.
Section 11: Indemnity
- 11.1 You agree to indemnify, defend, and hold StorageAuctions.net 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. StorageAuctions.net 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 StorageAuctions.net defense of such claim.
Section 12: Termination of or Change in the Services
- 12.1 StorageAuctions.net 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. StorageAuctions.net 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. StorageAuctions.net 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 13: DISCLAIMER OF WARRANTIES
- 13.1 NEITHER StorageAuctions.net 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 StorageAuctions.net, 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 StorageAuctions.net, 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 OR SERVICES SOLD THROUGH THE SERVICES. NEITHER StorageAuctions.net NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITES 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, StorageAuctions.net 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 SITES’ 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 14: LIMITATION OF LIABILITY
- 14.1 THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION 13 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT StorageAuctions.net 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.
- 14.2 UNDER NO CIRCUMSTANCES WILL StorageAuctions.net 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 SITES. 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.
- 14.3 NEITHER StorageAuctions.net, 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 StorageAuctions.net, 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.
Section 15: Miscellaneous
- 15.1 Copyright Infringement Policy. StorageAuctions.net observes the rights of all copyright holders and has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and registered account holders who infringe the rights of copyright holders. If you believe that your work or that of a third party has been copied in a way that constitutes copyright infringement, please provide our Copyright Officer (who may be contacted electronically at email@example.com or by mail at the address listed in Section 1.2 with the information required below by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online sites are covered by a single notification, a representative list of such works at that sites;
- C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- D. Information reasonably sufficient to permit us to contact the complaining party;
- E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 15.2 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 DELAWARE 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 Delaware and of the United States of America located in the State of Delaware (the "Delaware 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 Delaware Courts and agrees not to plead or claim in any Delaware 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 Delaware Courts.
- 15.3 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.
- 15.4 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 Sites or are separate written agreements entered into between you and StorageAuctions.net) 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.
- 15.5 Waiver. StorageAuctions.net' 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 StorageAuctions.net’ 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 StorageAuctions.net must be made in writing and signed by an authorized representative of StorageAuctions.net specifically referencing this Agreement and the provision to be waived.
- 15.6 Assignment; Third-Party Beneficiaries. This Agreement will inure to the benefit of StorageAuctions.net’ 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.
- 15.7 Notices. Except as otherwise provided herein, any notices to be given pursuant to this Agreement may be given by postal mail to the address listed in Section 1.2 (in the case of us) or to the email address you provide to StorageAuctions.net 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 StorageAuctions.net 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.
- 15.8 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 StorageAuctions.net, supersedes all previous written or oral agreements between the parties with respect to such subject matter hereof.
Section 16: Specific Rules Pertaining to Storage Unit Auctions
This section outlines rules related to the process of bidding on and winning the contents of self-storage units being auctioned in accordance with the facilities' states applicable lien laws. Additional rules by sale or facility may be specified and are shown on the auction detail page and also apply here as additional agreements.
- 16.1 This public sale is being conducted pursuant to state lien laws regarding tenants who are in default on their lease agreement.
- 16.2 To the best of the storage facilities belief, none of the property in the unit is subject to a superior lien.
- 16.3 The determination of the winning bidder is the final determination of StorageAuctions.net
- 16.4 Storage units may have been opened for inspection and inventory as required by law and then overlocked and sealed with an identifying mark.
- 16.5 All items contained in the storage units are sold As Is, and StorageAuctions.net provides no guarantee or warrantee.
- 16.6 All unit contents should be thoroughly inspected prior to leaving the premises for illegal substances or materials. The storage facility is not liable for any illegal contents removed from the storage unit by winning bidder.
- 16.7 Payment of the winning bid amount is to be made directly to the storage facility in cash, unless otherwise noted in the storage facilities payment policies. Sales tax may be charged in accordance with local, state, and federal law.
- 16.8 A cleaning deposit will be listed on the auction detail page. You are required to provide this deposit when you come to the facility to complete the transaction, and the deposit will be refunded to you when the facility has determined that you have left the unit sufficiently clean.
- 16.9 In all cases, the unit must be fully clean and vacated within 72 hours of the auction close and notification of winner. Goods left in the unit after that time will be considered abandoned and may be disposed of by the storage facility. If you do not appear and pay for the unit within this timeframe, We may a) charge your credit card or other payment method on file for the full amount due to the storage facility and dispose of the unit contents, b) offer the unit to the next highest bidder, or c) relist the auction (at our sole discretion).
- 16.10 A buyer's premium of 10% of the winning bid will be charged to the winning bidders credit card or other payment method on file at the time of auction close.
- 16.11 Any items of a personal nature such as wedding licenses, birth certificates, tax records, etc. found in the storage unit are excluded from the sale and must be left with staff at the facility before leaving. Removal of these items is illegal in some states and a violation of this agreement.