- Security Note: Winning on-line Buyers must present storage facility with a current valid photo I.D., must be 18 years or older and are required to be registered in our on-line system with a valid credit card in order to bid on our on-line auction web site. By participating in on our on-line auction system, the buyer agrees they will not initiate a charge back under any circumstances.
- The storage facility sells the complete contents of the unit, unless otherwise specified, AS IS – WHERE IS – NO REFUNDS! All Sales Final. The storage facility makes no representations as to the value, condition or from where contents originated! If a storage occupant pays their past due balance prior to the buyer paying the facility for their purchase, the sale will become null and void. We strongly urge successful buyers to pay for their purchases as soon as possible to avoid this scenario. Unit(s) (purchases) must cleaned out completely and be left in broom swept condition within 72 hours of the close of the auction, or by a time specified and arranged with the facility, the buyer agrees that they are held liable for the labor and disposal cost incurred with any unit or item purchased by them. Failure to perform may result in the buyers credit card being charged for damages incurred by the storage facility and will result in the buyer forfeiting their ability to participate in future live and on-line auctions.
- Method of Payment: CASH ONLY/US FUNDS. All units and sales tax must be paid in full to the facility prior to removal.
- Deposits: Every Buyer will be charged a $100 cash deposit depending on the facility rules. Buyers are not allowed to use the facility dumpster, any empty storage units or any illegal dumping on or around adjacent properties . Buyer is responsible to clean out the unit or items 100% . If the buyer does not conform to the terms of each sale, the buyer will forfeit their ability to attend/purchase at any future online or live auctions.
- Personal Records: All personal paperwork/computer records, family photos, social security cards, birth certificates, government issued licenses or ID, tax records, medical records, school diplomas, and work history on computer hardware or computer disc information pertaining to this unit must be boxed and returned to the site manager ASAP. There are NO EXCEPTIONS! Failure to return personal paperwork and family photographs will result in buyer forfeiting their ability to participate in future live and online auctions.
- Personal Records: All personal paperwork/computer records, family photos, social security cards, birth certificates, government issued licenses or ID, tax records, medical records, school diplomas, and work history on computer hardware or computer disc information pertaining to this unit must be boxed and returned to the site manager ASAP. There are NO EXCEPTIONS! Failure to return personal paperwork and family photographs will result in buyer forfeiting their ability to participate in future live and online auctions.
- The Buyer acknowledges that in certain circumstances beyond our control, the storage facility has the right to void any sale of any unit due to evidence of a wrongful sale or paperwork error by facility. The Buyer agrees and will be refunded the original purchase price of the unit that was auctioned including the sale tax and service fee in order to prevent court litigation.
- YOU ARE BIDDING ON THE ENTIRE UNIT OR SUITABLE LOTS. Buyers should examine the photographs and descriptions posted by the storage facility and bid according to their own judgement.
- Storage Auction Solutions charges a 15% Service Fee which will be charged to the winning bidders posted credit card immediately upon acceptance of their winning bid. Tax Exempt Buyers must present the storage facility with copies of current sales tax certificate and state forms in order to be tax exempt, all other buyers will be responsible for paying all applicable sales tax. NO EXCEPTIONS!
- The Facility reserves the right to cancel any bids considered unreasonable.
- The facility reserves the right to refuse (not accept) any bid from any person who has not complied with the terms and conditions of any prior auction sale, live or on-line. The storage facility has the right to change the terms during the online auction period in order to meet any business or legal requirements.
- Illegal Contraband of any kind including but not limited to Guns, Weapons, Alcohol, Cigarettes and Drug Paraphernalia must be turned over to the proper authorities.
- Subject to errors and omissions and to any undisclosed liens. No warranties and/or guarantees are expressed or implied, including merchandise descriptions. Buyers are urged to inspect the posted photographs and descriptions and bid according to their own judgment.
- LIABILITY: You are responsible for your own safety and those with you at all times while on any storage facility or moving company property. No pets of any kind or smoking is allowed on any storage facility or moving company property.
- This is an abbreviated set of terms and conditions . The complete terms and conditions supersede this document and can be found at buyer/ seller registration and immediately following this paragraph. This is the end of the abbreviated On-Line Terms and Conditions Document
- The Line below begins a new document
TERMS AND CONDITIONS OF USE – STORAGEAUCTIONSOLUTIONS.COM
TERMS AND CONDITIONS OF USE AGREEMENT
This document describes the Terms and Conditions of Use that are applicable to your use of the services made available by Storage Auction Solutions, Inc., (“Storage Auction Solutions,” “We,” or “Us”) at the Website www.storageauctionsolutions.com (the “Site”).Section A1. Important Information/Definitions.
Read the following Terms and Conditions of Use thoroughly. Your use of and registration on this Website implies that You have read, understand and accept these Terms and Conditions of Use. Do not use this Website if You do not completely agree with and accept the Terms and Conditions of Use provided below.
A1. Definitions. The terms that follow shall have the following definitions unless inconsistent with their specific usage within the Terms and Conditions of this Agreement:
A. “Services” means the content, attributes, and functions provided by the Website that allows the user to bid on and make purchases at self-storage facility auctions posted on the Website to act as an online venue to allow You the chance to bid on storage units, or auction lot in default and other personal property at storage facilities, moving companies, warehouses and private sellers , in which storageauctionsolutions.com does business. These online sales of storage lien auctions moving companies, warehouses and private sellers are exclusive to storageauctionsolutions.com customers. No live auction sale will be conducted in relation to online auctions held on storageauctionsolutions.com and the winning bidder on storageauctionsolutions.com is the winning bidder of the auction.
B. “Additional Agreements” is defined as the additional terms and conditions of each individual storage facility, moving companies, warehouses and private sellers. Individual storage facilities”’ terms are above and beyond the terms of storageauctionsolutions.com when You bid on storage lien auctions, personal property auctions, storage facilities, moving companies, warehouses and private sellers at an individual facility, or auction, You are agreeing to accept the facility’s, or private sellers (SF, defined herein) terms and conditions for sale in addition to these on storageauctionsolutions.com
C. “Terms and Conditions” is defined as those Terms and Conditions which may be changed or amended from time to time and may require additional Terms, Conditions, or disclaimers which may be added or modified, of which We may provide You with notice via pop-up or hyperlink, or email when such changes are, from time to time, made by Us. Your continued use of the Website thereafter, without regard to your reading of notice of modification or the amended or additional Terms, Conditions or disclaimers constitutes Your acceptance of any change to the Terms and Conditions. We suggest You exercise due diligence in understanding the Terms and Conditions of any auctions You participate in.
D. “Transaction” means any purchase made by You through the Website of property pursuant to the foreclosure of a storage lien or more than one storage lien foreclosure sale for sale at a storage facility, Your bid or bids (winning or non-winning) and, if You are the winning bid, the consummation of the purchase and complete removal of the property or contents of the individual storage lien foreclosure won from the storage facility, moving companies, warehouses and private sellers all constitute the transaction.
E. “Website” means the storageauctionsolutions.com Web site located at www.storageauctionsolutions.com or any subsequent URL used by Us from time to time.
F. “We, Us, or storageauctionsolutions.com” all refer to Storage Auction Solutions, Inc., a duly organized corporation in the Commonwealth of Massachusetts in good standing whose principal office is located at 40 South Main Street Middleton, MA 01949.
G. “You” means the person accessing the Website and/or Your authorized representatives and anyone You provide access to Your user name and password for the purpose of entering into a transaction or transactions on the Website. You and Your authorized representatives responsibilities are joint and several.
Section B2. General.
B2.1 Services. This Terms and Conditions of Use Agreement (hereafter this “Agreement”) describe in a detailed manner the terms and conditions that apply to the use by You of the Site, including the features and services offered by Us from time to time at or through the Site (collectively with the Site, the “Services”). BY REGISTERING AS A BIDDER AND/OR USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF USE CONTAINED HEREIN. This Agreement is a legally binding instrument between You and Storage Auction Solutions and, if applicable, the individual storage facility, and describes Your responsibilities in connection with Your use of the Services and, among other things, limits the liability of Storage Auction Solutions. Before using any of the Services, read this Agreement carefully and in its entirety. By accessing or using any Services, You warrant and represent that You are over 18 years of age and are competent to understand and execute legally binding contracts, and that You agree to be legally bound and to abide by this Agreement. If You are under 18 years of age, or are incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES.
B2.2 Your Account. Your Account is uniquely identifiable by Your chosen user ID (Your “User Name”). You are the only party authorized to use Your User Name. You are responsible for maintaining the confidentiality of Your registered account with Us and any password(s) You have chosen or that We may issue to You in connection with Your access and use of the Services. You are responsible for any and all usages of Your account, whether or not actually or expressly authorized by You. If You have reason to believe that Your account and/or password(s) have been misused or compromised in any way, shape or manner, please contact Us immediately at email@example.com
(at the specific SF storage lien for sale page) In case of any conflict between this Agreement and any Additional Agreements, this Agreement will control.
B2.4 Covenant Regarding Your Account. You agree that You will not maintain multiple registered accounts or User Names with Us without Our express written consent. If You wish to maintain a multiple account, You may submit a request to do so to firstname.lastname@example.org, including Your primary User Name and reason for needing multiple accounts.
B2.5 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 to said equipment as described in this paragraph thereto.
B2.6 Amendments. We reserve the right, exercisable in Our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time without notice. Except as stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on Our Site. You may also receive notice of these changes by link or a “pop up” when You next sign in. This Agreement may not otherwise be amended except in a writing signed by You and Us. Any signature by You may be electronic. Continued use of the Services by You constitutes Your binding acceptance of this Agreement, including any changes or modifications made by Us, as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review Your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to You, You must immediately discontinue all use of the Services. The right to access and use the Services is personally bound to You and is not transferable to any other person or entity.
B2.7 We are not involved in conducting the Internet based timed auctions on Storageauctionsolutions.com. We are not involved in actual transactions between users of the Site or any “External Sites” as defined in section 7.1 below. The auction sale will take place at the location of the SF.
Section C3. Online Auctions Participation. THE FOLLOWING DESCRIBES THE TERMS ON WHICH STORAGE AUCTION SOLUTIONS OFFERS YOU ACCESS TO ONLINE AUCTIONS CONDUCTED BY PARTICIPATING STORAGE FACILITIES, MOVING COMPANIES, WAREHOUSES AND PRIVATE SELLERS (“SF”).
C3.1 Storaqgeauctionsolutions.com Internet based online timed auctions is only a venue. Notwithstanding section B2.7 above, in regards specifically to any and all Internet based timed online auctions utilizing Storageauctionsolutions.com as a venue, Storage Auction Solutions, Inc. is not acting as an auction house and is not conducting live auctions related to any Internet based online timed auctions on Storageauctionsolutions.com at the SF. Live, on site auctions conducted by Storage Auction Solutions, Inc. are unrelated to any and all Internet based timed online auctions on Storageauctionsolutions.com. The terms of this agreement are unrelated to the Storage Auction Solutions, Inc. terms and conditions that apply specifically to our onsite live auctions at SF. Our service allows You to participate in online auctions conducted by the SF. We are solely a passive conduit to facilitate communication between You and the SF. We reserve the right, in Our sole discretion, to change some or all of Our services at anytime.
C3.1.01 Control. We have no control of, or responsibility for the quality, safety, authenticity, unforeseen hazards, bio hazardous waste, toxic waste or the legality of the items advertised on Our site, the legitimacy or accuracy of the listings, or the ability of SF to perform. We do not guarantee that a seller will complete a transaction. Notice: due to the nature of storage lien laws, items placed for auction MUST be made subject to redemption by the storage occupant until the time the sale is completed. Thus, items placed for storage lien auction may be removed from the auction up and until the time the sale closes according to the sale clock on our Website.
C3.1.02 Release. Notwithstanding section B2.7 above, because We are not involved in the actual
transaction between buyers and SF, in the event that You have a disagreement, or dispute with an SF, You release Storage Auction Solutions, Inc. (and Our officers, directors, agents, assigns 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 a part of such disputes.
C3.2 Eligibility. Each SF that conducts an online auction will have its own individual auction terms and requirements that must be met in order for You to take part in that auction. Each SF has sole discretion to reject or approve Your ability to participate for any auction. These requirements may be different from the Provision umbrella requirements to participate as a buyer in an auction set forth in this Agreement and these SF individual requirements may increase or decrease the amount of time to claim the property sold at auction to You and/or may change payment terms, and etc., which are described more specifically in Section L12.4.
C3.3 Fees. The SF will not add a service fee; however, You agree that in addition to any bid that is accepted as a winning bid You will pay and will be charged to the credit card You have provided US along with registration with this site a fiften percent (15%) service fee to Us as the fee for acting as the conduit between the SF and You. This fifteen percent service fee is non-refundable. Any dispute with the SF over availability of the kind and quality of the goods purchased is governed by the dispute procedures listed in C3.8 and C3.9 among other places.
C3.4 SF Disclosures. Depending on the state, commonwealth,or jurisdiction in which the auction will be held, the SF will provide either a specific inventory of the contents of the storage lien to be foreclosed upon, an inventory generally describing the goods (this is defined by state Statute but generally means that no boxes, valises, or other items sealed in a manner which deter immediate access were opened and reviewed, therefore, only large visible items are listed or highlighted, or You may see only a picture of the unit, or auction lot taken from the door of the unit, or auction lot looking in with no other description.) In all cases, the description provided is the only information known to Us about the contents of the unit, or auction lot and Your bid should be based upon your own due diligence as you deem appropriate of the inventory provided by the SF without reliance on Us. We make no warranties or representations, express or implied, as to the accuracy of the descriptions, origin of the goods, the kind, quality, any possible pre existing liens, encumbrances or quantity of any items or merchandise related to a given storage lien, or auction lot. We do not control the information provided by the SF which is made available through Our systems and You shall not be entitled to a refund from the SF or Us in the event You do not determine that the kind, quality, or type of personal property are present or that any of the property sold in a winning bid to You from an auction are in working, safe, operable, or legal condition. You are firmly cautioned to inspect all items for illegal contents prior to removing them from the SF should You be the winning bidder of a timed online storage lien auction, or multiple storage liens at a timed online storage lien auction. Any illegal items found including, but not limited to, illegal pornography, drugs, drug paraphernalia, weapons, illegal firearms, bio-hazard, toxic waste, and certain types of alcohol and cigarettes, are excluded from the sale and You should contact the appropriate law enforcement agency in the area where the SF is located for seizure and removal of those items. Should You choose, intentionally or unintentionally, to remove contents which contain illegal items (including items deemed illegal by the local ordinances, State and Federal Statutes,) this shall be done at Your sole risk of loss and liability.
C3.5 Bidding and Conditions of Sale. You understand that, due to individual state law, a storage lien sale may be withdrawn for any reason by the owner until the time has expired and a winner has been declared and notified by Us via e-mail. The storage occupant in lien status has the right to redeem the lien, which cancels the auction up until cash payment is received from the winning bidder unless otherwise stated in the state’s lien laws or by the storage company.
You may only bid and use the Site if You are registered. You agree to abide by the rules of bidding described in Section L12.4 as well as the storage facility specific rules for auctions or sale contained in the individual SF sale posting. All auctions are conducted in U.S. Dollars. You are responsible to have sufficient funds to pay for your bid and make payment to the self-service storage facility as described as well as paying the fiften percent (15%) service fee which is charged upon conclusion of the bidding and Your notification that You were the winning bidder. If Your credit card is not authorized or does not allow the charge of the service fee We, in Our sole right and discretion, have the right to: (a.) contact You and ask for an alternative form of payment; (b.) determine Your last bid to be null and void and award the auction to an under bidder; (c.) declare the sale null and void, cancel the existing auction and auction the property in a new auction on a new date and time. Storage facilities have the right to set minimum bids. The winning bid in any auction will be the highest bid to a registered participant on the Website (that exceeds the reserve price of any) and complies with the other conditions that are specific to the sale. If You are the winning bidder, You recognize and agree that You have placed the highest bid above any reserve or minimum bid price and once We confirm acceptance of Your bid, You have entered into a legally binding contract to purchase and remove, within the time period provided, the entire contents of the storage unit(s), or auction lot designated storage space(s) and or storage container(s) related to the specific foreclosed storage lien at the storage facility. Any attempt to terminate or rescind Your bid after it has been confirmed and deemed to be the winning bid by Us or the SF will be considered a breach of this Agreement. Rules governing bid increments and other conditions the buyer must meet to purchase the units, or auction lot may vary and are posted with each advertisement for each specific auction. The SF will post the terms and conditions which are specific to the sale and are in addition to the terms contained in this Terms and Conditions statement and will maintain those terms throughout the entire auction period. You agree to abide by and be bound by these additional Terms and Conditions of sale by agreeing to this Agreement and placing a bid. This Agreement, in addition to those SF terms and conditions, governs Your bidding activity and Your participation in an auction. We have the final right and will make any and all determinations with respect to Your bid on the storage lien property, the sale of the storage lien property, the resolution of any and all disputes including the right to, in Our sole discretion, to establish: (a.) who is the successful final bidder; (b.) invalidate any bid that We do not believe is commensurate with the value of the item being offered; (c.) any bid that We believe may have a negative effect on the storage lien property in question; (d.) any bid We believe to be a fraudulent bid as described below.
C3.6 Anti-Fraud/Fraudulent Bidding. Your right to bid on auctions, at any point during the timed online sale, may be revoked for an anti-fraud check for up to thirty (30) minutes and may be suspended longer for a more comprehensive investigation. We will effect an anti-fraud check because of an increasing number of fraudulent transactions from individuals who are not the rightful credit card holders of the specific credit cards used during the purchase. Anti-fraud assessments are executed if We have reason to believe You, as Our registered customer, are not the actual bidder, if a credit card is being used to pay the service fee, or winning bidder information is placed that indicates that the registered user is not the actual winning bidder, or if bid increments increase at rates or levels which We deem to be inappropriate, unacceptable, or a cause for concern of fraudulent activities.
C3.7 Storage Auction Solutions Web Site Video and Audio. Any audio or video aspects of an online auction event are for entertainment purposes only.
C3.8 No Warranty. WITHOUT LIMITING SECTION K11 BELOW, WE DO NOT WARRANT OR GUARANTEE THAT THE ONLINE AUCTION SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM TECHNICAL ISSUES OR THAT BIDS WILL BE RECEIVED BY THE SF OR INFORMATION CONCERNING THE CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION, NOR DO WE GUARANTEE OR WARRANT THE PERFORMANCE OFANY OBLIGATIONS BY A SF.
C3.9 Limitation of Liabilities. WITHOUT LIMITING SECTION L12 BELOW, IN NO EVENT SHALL WE, THE SF’S, OUR AGENTS, OFFICERS, ASSIGNS, OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITHTHE FAILURE OF ANY BID OR PRICING INFORMATION, OR DATA TO BE TRANSMITTED OR RECEIVED BY YOU OR THE SF IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING OUR NEGLIGENCE).
Section D4. Information You Provide to Us.
D4.1 Your Information. The term “Your Information” represents collectively the following: (i) any information, data or materials You furnish to Us in connection with Our web site buyer, or web site seller registration process, Your usage of any Services or in email correspondence with Us, (ii) any information or materials You furnish to other users of the Site in association with Your use of any Services, or in any public message board or chat room area, (iii) any information, data or materials You provide to the SF or any other third party of Storage Auction Solutions in connection with Your use of any Services, and (iv) any search terms or other instructions You transmit to Our servers via a web browser. Please note that the information, data and materials You own which may be a part of this Agreement might include without limitation textual information, graphic images, photographs, and audio-visual materials. Except as may be otherwise expressly be stated to the contrary in this Agreement or any and all Additional Agreements, You are solely responsible for Your Information, and We act at all times as a passive conduit for Your online distribution, communication, transmission and/or publication of Your Information.
D4.2 Covenant Regarding Your Information. You warrant and represent that Your Information: (i) will not be false, inaccurate, frivolous, forged, or misleading, (ii) will not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (iii) shall not be in violation any law, statute, ordinance, by law, or regulation (including without limitation those relating to export control, consumer protection, unfair competition, anti-discrimination, or false advertising),
(iv) will not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing obscene, or pornographic, (v) will not contain any malicious code, computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services, (vi) will not create any liability or casualty for Storage Auction Solutions or cause Storage Auction Solutions to lose (in whole or in part) the services of its internet service providers or other vendors and business associates, and (vii) will not contain any links to or from other information sources or websites where You do not have the right to make or duplicate such links.
D4.3 Updated Information. If You are a registered user of the Site, You agree to update Your account registration information in a timely manner to keep it current, complete, and accurate.
Section E5. Use of Content.
D4.5 Limited License. To enable Us to use Your Information, so that We are not violating any rights You might have in Your Information, You hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or hereafter existing, with respect to Your Information.
E5.1 Copyright. You acknowledge that the Services contain information, data, text, software, photographs, images, music, audio and video clips, graphics, links, intellectual properties and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Storage Auction Solutions , the SF, or third parties. All Content utilized or made available through the Services is copyrighted as a Storage Auction Solutions, Inc, collective work and/or compilation of Storage Auction Solutions pursuant to applicable copyright law. Storage Auction Solutions owns a copyright in the choice, management, composition and improvement of such Content, as well as in the content original to Storage Auction Solutions and specifically the form and format for conducting online storage auctions. You agree to act in accordance with with any additional copyright notices, information, or restrictions contained in any Content available on or made available through the Services.
E5.2 Limited License. Subject to Your conformity with the terms and conditions of this Agreement (including without limitation the limiting terms and conditions set forth in this Section E5), and except to the extent otherwise explicitly provided in an Additional Agreement between You and
Storage Auction Solutions , 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 private noncommercial use.
You recognize that all Content included with the Services is furnished for Your own use. In no case shall You re-publish the Content in any form without the express written consent of Storage Auction Solutions . Your right to use the Services is restricted to a single workstation at a time unless an additional agreement for network access has been executed by both parties. You acknowledge that You are not permitted to sell or otherwise dispose of any software downloaded from Us and that no rights granted hereunder may be assigned, transferred or sublicensed by Licensee, any assignment or sublicense being void.
You represent that You may not in any way take advantage of or commercially use any of the Services and/or Content, in whole or in part, except as specifically allowed in this Agreement or in an Additional Agreement between You and Storage Auction Solutions . You accept that You do not attain any ownership rights by accessing or downloading copyrighted materials. You shall not store electronically any part of any Services and/or Content. You may not collect and use email addresses of other users of the Site or other user account information, listings, or conduct any form of data harvesting or data-mining whatsoever.
E5.3 Trademarks. Storage Auction Solutions and storageauctionsolutions.com are trademarks and service marks of Storage Auction Solutions, Inc, ALL RIGHTS RESERVED. All other trademarks, service marks, product names, tag lines and company names or logos appearing on the Site are the property of their individual owners. Any use of such trademarks, service marks, product names, tag lines and company names or logos, including the duplication, modification, distribution or republication without the prior express written consent of the owner of same, is strictly prohibited.
E5.4 Uploading, Posting or Transferring Content. You will not upload, post, transfer or otherwise make available through the Services any Content that is subject to protection by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary or intellectual property 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 or claim resulting from any infringement of copyrights, proprietary rights, or any and all other harm resulting from such a submission. By submitting Content to any unrestricted or public area of the Site, You hereby grant, or warrant that the owner of such Content has specifically granted, Storage Auction Solutions a royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, edit, modify, adapt, publish, translate, publicly display, post and distribute such Content (in whole or in part) worldwide and/or to add it into other works in any form, media or technology now known or hereafter developed or invented for the full term of any copyright that may be present in such Content. You also allow any other user of the Services to access, view, store, or reproduce such Content for that user’s own individual personal use.
E5.5 Beneficiaries. The foregoing provisions of this Section E5 are for the benefit of Storage Auction Solutions , its subsidiaries, agents, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.
Section F6. Site Access; Interference with Services; Monitoring; Compliance with Laws.
F6.1 Site Access. We do not guarantee constant, uninterrupted, continuous or secure access to the Services, and function of the Site may be obstructed by a number of factors outside of Our control. We suggest that You use Storage Auction Solutions with Microsoft Windows Operating Systems and Internet Explorer, Firefox, GoogleChromeor Safari. Internet connection speed will determine how quickly pages with images load to Your browser.
F6.2 No Interference. You agree that You will not use any robot, spider, other automatic device, or manual process to examine or copy Our web pages or the content contained herein without Our prior expressed written consent. You agree that You will not use any device, software, code, script or routine to interfere or attempt to interfere with the correct operation of the Site or the Services, or any transaction conducted on or through the Site or Services. You agree that You will not take any action that create an unreasonable or excessively large load on Our server infrastructure of the Site.
F6.3 Monitoring. You agree that Storage Auction Solutions has the right, but not the responsibility, to monitor any form of user activity and/or content linked to or from or otherwise affiliated with the Services. We may examine any reported violation of Our Agreement, Additional Agreements or Site policies, and any user or other third party complaints relating thereto. We may take any action that We consider appropriate in relation to any such examination without notice (including without limitation issuing warnings, suspension or termination of Services, denial of Site access and/or removal of any materials posted on the Site, and/or temporarily suspending an account during such examination), all of which is described in Section H8.1. We may also investigate, in Our sole discretion, the usage of any credit card You use in connection with the Services, and take action as We deem necessary or appropriate, including without limitation contacting the rightful owner or user of such credit card or terminating purchases placed by such owner or user.
F6.4 Fraudulent Activity. You cannot register to use any Services under a phony name, or use an void or unauthorized credit card in association with any Services. You may not make offers to purchase any goods or services under a phony name while using the Services. You may not masquerade as any other user of the Services, or make use of another user’s password(s). Such fraudulent behavior is a violation of federal and state laws. Fraudulent behavior may be reported by Us to law enforcement authorities, and We will cooperate with law enforcement authorities to make sure that violators are prosecuted to the fullest extent of the law.
F6.5 Compliance with Laws. The Services may be used only for lawful purposes and in a lawful manner. You agree to obey all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be transacted by means of the Services.
Section G7. External Sites; Linking.
G7.1 External Sites. The Services may contain links to websites that are the property of and operated by third parties (the “External Sites”). This Agreement does not apply to Your use of any External Site to which the Site links, and We are not responsible for the availability of or connectivity to any External Site to which the Site links. We do not sanction or accept any responsibility for the contents, advertising, products, information, data or other materials made available through any External Site, and You agree that Storage Auction Solutions is not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Site. Under no circumstances will We be held responsible or liable, directly or indirectly, for any losses or damages that are caused or alleged to have been caused to You in relation to Your use of, or reliance on, any content, goods, or services available on any External Sites. If You decide to access an External Site, You do so at Your own peril. You should contact the site administrator or Webmaster for those External Sites if You have any concern regarding such links or the content or services located on such External Sites.
Section H8. Breach.
H8.1 Without limiting other remedies, We may instantaneously issue a warning, temporarily terminate,
indefinitely suspend or terminate Your registered user account and/or refuse to make available the Services to You: (i) if You breach this Agreement or any of the Additional Agreements it incorporates by reference or which You have individually entered into with Storage Auction Solutions ; (ii) if We are unable to verify or validate any information You provide to Us; or (iii) if We have reason to believe that Your actions may cause legal liability for You, Us, Our other users, or other third party business associates or vendors.
Section I9. Indemnity.
I9.1 You agree to indemnify, defend, and hold Storage Auction Solutions 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 reasonable attorneys’ fees) incurred by any Company Party in relation to any use or alleged use of the Service under Your password by any person, whether or not allowed by You. Storage Auction Solutions 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 assist with Storage Auction Solutions ‘ defense of such claim.
Section J10. Termination of or Modification in the Services.
J10.1 Storage Auction Solutions shall not be liable to You or to any third party for any of the direct or indirect consequences or results of any modification, malfunction, technical issue, suspension, discontinuance of, cancelation of or interruption to or of any of the Services. Storage Auction Solutions reserves the right, in its sole discretion, to restrict, suspend, discontinue or terminate Your access to all or any part of the Services at any time for any reason without prior notice or liability. Storage Auction Solutions may modify, 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 K11. DISCLAIMER OF WARRANTIES.
K11.1 NEITHER STORAGE AUCTION SOLUTIONS NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE OR SERVICE WILL
MEET YOUR REQUIREMENTS OR BE WITHOUT FAULT, FUNCTION WITHOUT TECHNICAL DIFFICULTIES, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES STORAGE AUCTION SOLUTIONS , ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY OR GUARANTEE 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, WHERE IS, AS AVAILABLE” BASIS. NONE OF STORAGE AUCTION SOLUTIONS , THIRD-PARTY CONTENT PROVIDERS, AND THEIR INDIVIDUAL AGENTS MAKE ANY WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, 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 PROPERTY SOLD THROUGH THE SERVICES. NEITHER STORAGE AUCTION SOLUTIONS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES ACCESSABLE FOR DOWNLOADING THROUGH THE SITE OR SERVICES WILL BE FREE OF VIRUSESMAL WARE, MALICIOUS CODE OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. WITHOUT LIMITING ANY PROVISION HEREIN, STORAGE AUCTION SOLUTIONS MAKES NO WARRANTY OR GUARANTEE 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 NECESSARY HARDWARE, OPERATING SOFTWARE, AND INTERNET BROWSER SOFTWARE VERSIONS TO ACHIEVE THE SITE’S FULL FUNCTIONALITY AND CAPABILITIES. Some states do not allow the disclaimer of implied warranties or limitation on how long an implied warranty lasts, so the above disclaimer or limitation may not apply to You. You may have other rights, which vary from state to state.
SECTION L12. LIMITATION OF LIABILITY.
L12.1 THE LIMITATION OF LIABILITY CONTAINED WITHIN THIS SECTION L12 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, FUNCTION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CONNECTIVITY PROBLEM, COMPUTER VIRUS, MALWARE, MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU EXPRESSLY ACKNOWLEDGE THAT STORAGE AUCTION SOLUTIONS 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.
L12.2 UNDER NO CIRCUMSTANCES WILL STORAGE AUCTION SOLUTIONS OR ITS AFFILIATES, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, CONTRACTORS OR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR DEPENDANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT OR THE SERVICES, OR ANY LOSS OR DAMAGE CAUSED BY YOU BEING EXPOSED TO INFORMATION CONTAINED WITHIN THE SITE. IT IS YOUR RESPONSIBILITY TO ASSESS THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT OBTAINABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, AND CONDUCTS YOUR OWN DUE DILLIGENCE AS YOU DEEM APPROPRIATE REGARDING THE
EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
L12.3 NEITHER STORAGE AUCTION SOLUTIONS , ANY THIRD-PARTY CONTENT PROVIDER, NOR THEIR AFFILIATED 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 VENDORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such states, the liability of Storage Auction Solutions , third party content providers and their affiliated 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.
L12.4 Specific Auction Rules Relating to self storage facilities, moving companies and storage warehouses. The following are the specific rules regarding purchase from the self storage facilities, moving companies and storage warehouses . Additional rules by sale or facility may apply and are listed on the individual auction page.
1. This public sale is being conducted pursuant to (state’s in which the Facility is located) Self-Service Storage Facility Act, or warehouseman’s lien act for the occupants who are in default under their Lease Agreement. The state statute is available upon request.
2. To the best of the self storage facilities, moving companies and storage warehouses belief, none of the property in the Unit, or auction lot is subject to a lien or bankruptcy filing, or probate proceedings superior to the self storage facilities, moving companies and storage warehouses lien. Self storage facilities, moving companies and storage warehouses agrees to disclose any such liens that have priority over self storage facilities, moving companies and storage warehouses lien.
3. The decision as to the winner of each sale by storageauctionsolutions.com is final and binding on each auction sale or other sale today. Winning bidder will be notified by e-mail.
4. Each of the individual storage lien rental areas may have been opened before sale for inspection or inventory listing as required by law and then over locked with the facilities lock and then sealed with a numbered seal.
5. All items purchased are sold ”as is, where is.” The self storage facilities, moving companies and storage warehouses do not warranty or guarantee any item purchased, it’s origin, authenticity, legality, description, possible encumbrances, liens, provenance, or potential hazard or adverse safety conditions.
6. All purchased items should be inspected prior to leaving the premises. Customers have been known to store illegal substances, so please check each item carefully. The self storage facilities, moving companies and storage warehouses is not liable for any illegal contents removed from the storage Unit, or auction lot by winning bidder. Illegal contraband, or any item deemed to be illegal by the ATF including, but not limited to guns, weapons and drug paraphernalia must be turned over to the proper authorities.
7. All payments must be made in cash unless otherwise provided on the specific unit, or auction lot or Facility auction page.
8. There will be a security deposit requirement listed on the Facility auction page that applies to each individual storage lien auction purchase. The deposit will be refunded when You leave the Unit, or storage area in “broom swept condition,” and self storage facilities, moving companies and storage warehouses representative inspects the applicable storage area.
9. The Unit, or auction lot must be fully and finally vacated within 72 HOURS of notification of the winning bid to the winning bidder. If You do not appear and pay for the unit, or auction lot by this time, your future privileges to bid at any of our auctions, both live and on-line will be terminated. We may charge Your credit card for the full amount due self storage facilities, moving companies and storage warehouses and any associated costs to dispose of the contents related to the subject storage lien. After that time, the goods left will be deemed abandoned and awarded to the under bidder without recourse, or disposed of by self storage facilities, moving companies and storage warehouses in any reasonable manner and self storage facilities, moving companies and storage warehouses will not be liable to any winning bidder for any incidental or consequential damages related to the disposal of the abandoned property. At our sole discretion, we may offer the Unit, or auction lot to the next highest bidder or sell the Unit, or auction lot at the next auction .
10. A reserve price may be set for each individual storage lien which will be announced on the individual auction page by the self storage facilities, moving companies and storage warehouses. Any bids that do not meet the reserve will not be honored even if declared the winning bidder on the web site.
11. To the extent required, sales tax will be charged in addition to the accepted bid price, unless You present a valid physical tax exempt resale certificate to the self storage facilities, moving companies and storage warehouses. The resale number itself is not valid to exempt You from the payment of sales tax. A physical resale certificate must be presented to the self storage facilities, moving companies and storage warehouses.
12. A 15% service fee will be collected by Us immediately upon notification that You were the winning bidder.
13. Unless otherwise noted by self storage facilities, moving companies and storage warehouses, All personal paperwork ,personal items computer records, human ashes from cremation, family photos, social security cards, birth certificates, government issued licenses, ID’s, tax records, medical records, school diplomas, and work history on computer hardware or computer disc information pertaining to this storage lien, or warehouseman’s lien must be boxed and returned to the site manager within 7 days of You paying for your purchase. We strongly prefer personal paperwork and family photographs are returned prior to You leaving the facility. All personal paperwork must be returned. There are NO EXCEPTIONS. Non-compliance with returning personal paperwork and family photographs will result in You being banned from all future on-line and on site live auctions. You agree to box or bag such items and return said items in to the office before receiving your security deposit. In some states removal of these items is illegal and in all instances prohibited by this Agreement.
14. Self storage facilities, moving companies and storage warehouses reserves the right to bid on, set reserve prices and/or otherwise buy any and all units, or auction lot, or reject the highest bid.
15. Bids can only be made, and will only be accepted, during the specified time period defined by the individual timed on-line auction. .
Section M13. Miscellaneous.
M13.1 Governing Law. ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF
THIS AGREEMENT, OR THE NEGOTIATION, LEGITIMACY 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 THE COMMONWEALTH OF MASSACHUSETTS WITHOUT REGARD TO ITS RULES OF CONFLICT OF LAWS. . In case any section, clause, sentence, paragraph or part of this contract shall for any reason be judged by any court of competent or final jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this contract, but shall be confined in its operation to the section, clause, sentence, paragraph or part thereof directly involved in the controversy in which said judgment shall have been rendered.
M13.2 Headings. Section headings in this Agreement are for reference and reference purposes only and in no way define, limit, construe, define or describe the scope or degree of such section.
M13.3 Severability; Construction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain enforceable. If
any inconsistency exists between the terms of this Agreement and any additional terms and conditions of Additional Agreements (whether such Additional Agreements are posted in electronic format on the Site or are separate written agreements entered into between You and Storage Auction Solutions ) such terms shall be interpreted as to remove any inconsistency, if possible, and otherwise, the additional terms and conditions of the Additional Agreements shall control.
M13.4 Waiver. Storage Auction Solutions ‘ failure to exercise or implement or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the exact performance of any provision of this Agreement, will not represent a waiver of Storage Auction Solutions ‘ right to implement such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other occurrence. Any waiver of any provision of this Agreement by Storage Auction Solutions must be made in writing and signed by an authorized representative of Storage Auction Solutions expressly referencing this Agreement and the provision to be waived.
M13.5 Assignment; Third-Party Beneficiaries. This Agreement shall inure to the benefit of Storage Auction Solutions ‘ successors and assigns. Except as set forth in this Agreement, this Agreement shall not benefit or create any right or grounds of action in or on behalf of any person other than the parties hereto.
M13.6 Notices. Except as otherwise provided herein, any notices to be given pursuant to this
Agreement may be given by postal mail to Storage Auction Solutions, Inc, 40 South Main Street Middleton, MA 01949, Attn: Paul Maglio, President, or to the e-mail address You provide to Storage Auction Solutions 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. Otherwise, We may give You notice by certified or registered mail, postage prepaid and return receipt requested, to the address provided to Storage Auction Solutions 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 without regard to the return receipt or signing to delivery of receipt of said notice..
M13.7 Survival. Subsections C3.1, C3.2, C3.3, C3.4, C3.5, C3.8, C3.9, D4.2, E5.2, E5.3, E5.5 and G7.1 and Section H8, I9, J10, K11 and L12.1, L12.2, and L12.3 shall survive any termination or cancelation of this Agreement as well as any other provisions which by their terms or sense are intended to survive.
M13.8 Force Majeure. Storage Auction Solutions and SF shall not be liable for any failure or delay in performance under this Agreement to the extent said failures or delays are proximately caused (1) by causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subservice providers, and carriers, or (2) is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power of confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity provided that as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt notice, with full details following the occurrence of the cause relied upon.
M13.9 Integration. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and except for any Additional Agreements that You may have entered into with Storage Auction Solutions , supersedes all previous written or oral agreements between the parties with respect to such subject matter hereof.