“This is an incredible offering provided by StorageAuctions.com. The software helps our managers make sure they are following the legal timeframe to conduct an auction for their store in that particular state. Another example of why we love StorageAuctions.com!” - Anne Ballard | Universal Storage Group
limitation of liability
in no event will owner be liable under any theory of contract, negligence, strict liability, tort or other legal or equitable theory for any claim, injury, loss, liability, expense or damage of any kind, including, without limitation, settlement costs and legal, accounting, and other expenses in connection therewith (collectively, “damages”) arising in connection with your use of our services or the site, even if owner has been advised of the possibility of such damages. without limiting the generality of the foregoing, you agree that owner, its directors, officers, employees, insurers, predecessors, successors, assigns, and other agents and representatives (collectively, the “owner parties”) shall not be liable for any damages arising from or related to: (1) the denial or interruption of access to the site, (2) any inaccuracies in any of the information displayed on or provided through or with the site, (3) the purchase or use of any product or service listed on the site, including, without limitation, any defect in any such product or service, (4) your use of or inability to use the site, or (5) any violation, or alleged violation, of applicable law by you as result of your use of our services or the site. you agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, without limitation, all direct, indirect, compensatory, special, incidental, punitive and consequential damages. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
notwithstanding the foregoing to the contrary, if you, in your limited capacity as a seller or auctioneer using our site to sell or auction items, incur damages solely as a direct result of our failure to properly identify the applicable notice and sale timeline under your state’s self-storage laws (a “timeline failure”) then we, upon written notice and demand by you (the “demand notice”), will, within ninety (90) days of our receipt of the demand notice, reimburse you solely for your documented damages arising directly out of such timeline failure, up to five thousand dollars ($5,000). for the avoidance of doubt, this section applies only to damages arising directly out of a timeline failure and no other damages. we reserve the right to dispute any amounts contained in the demand notice.
in the event we dispute the amounts set out in the demand notice, we shall notify you in writing of our objections within thirty (30) days after receipt of the demand notice (a “notice of disagreement”). during the thirty (30) days immediately following the delivery of any notice of disagreement (the “negotiation period”), we will negotiate with you to resolve in writing any differences that we may have with respect to any matter specified in such notice of disagreement. the matters set forth in any such written resolution executed by purchasers and sellers shall be conclusive, final and binding on the parties hereto and shall not be subject to collateral attack for any reason (other than fraud). in the event that we dispute the amounts contained in the demand notice we will be entitled to withhold payment for any amounts in controversy.
if, at the end of the negotiation period, we have not been able to resolve, in writing, all differences that we may have with you with respect to any matter specified in such notice of disagreement, then we, pursuant to section 16.2 of these terms and conditions, may submit to a neutral arbiter (the “neutral arbiter”) for review and resolution of all matters that remain in dispute. each party shall furnish the neutral arbiter with its determination of the amount of damages, together with reasonably detailed backup materials supporting its calculation of such amount. the neutral arbiter shall review all information provided to it to determine a resolution to the matters set forth in the notice of disagreement. the determination of the neutral arbiter shall be conclusive, final and binding on the parties hereto and shall not be subject to collateral attack for any reason (other than fraud or manifest error) if such determination is: (i) in writing and signed by the neutral arbiter, (ii) timely furnished to the parties, (iii) made in accordance with this agreement, and (iv) is within the range of amounts of damages submitted by each of the parties. all costs and expenses of the parties (including the fees and expenses of the neutral arbiter) incurred in connection with the above-described dispute resolution procedure shall be borne by the parties in the manner determined by the neutral arbiter after considering the relative merits of the positions of the parties in the dispute.