The following describes the terms and conditions on which StorageAuctions.com (“StorageAuctions.com” or “our”) offers you access to our site and the use of our services. The terms “User” and “you” are defined as a buyer, seller, or any other user of the StorageAuctions.com services (“Services”). These terms and conditions (“Terms and Conditions”) describe the policies, terms, and conditions applicable to your use of our Services at the StorageAuctions.com Web Site (the “Site”). Please read these Terms and Conditions carefully. Your use of our Services indicates that you accept these Terms and Conditions.
Storage Auctions, LLC (hereinafter “StorageAuctions.com”) reserves the right to change any of the terms and conditions contained in this agreement at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. Your continued use of this site and the services, following StorageAuctions.com posting of any changes, will constitute your acceptance of such changes or modifications.
1. Self-storage Unit Sales
Public sales (“Sales”) are of unit(s) at self-storage facilities being sold for non-payment of rent pursuant to the self-storage lien law of the state where the facility is located.
2. The Site is only a Venue
A StorageAuctions.com is not an “auctioneer.” Instead, the Site acts as a venue to allow sellers to offer, sell, and buy products in the categories listed on the Site, at any time, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an “online auction.” StorageAuctions.com is not involved in the actual transaction between buyers and sellers. As a result, StorageAuctions.com has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. StorageAuctions.com cannot ensure and specifically disavows responsibility that a buyer or seller will actually complete a transaction. By using the site you release StorageAuctions.com from any liability with respect to how you use the site as set forth in Section 2.2.
2.1. Safe Trading
StorageAuctions.com cannot and does not confirm each User’s purported identity. You assume all risk that you may be dealing with foreign national, underage persons or persons acting under false pretense. You may wish to consider using a third party escrow service or services that provide additional user verification.
2.2. Release
Because StorageAuctions.com is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more Users, you release StorageAuctions.com (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
3. Eligibility To Use of Our Service
Our Services are available only to Users who can form legally binding contracts under the laws of the United States of America and the country, state, territory and/or municipality in which such User resides. Without limiting the foregoing, our Services are not available to (a) minors, (b) Users whose use of our Services has been temporarily or indefinitely suspended, (c) nationals or residents of any country restricted by the United States government, or (d) any party identified on the list of Specially Designated Nationals maintained by the United States Treasury Department or the Table of Denial Orders maintained by the United States Department of Commerce, as such restricted countries, lists and orders may be amended or modified from time to time by the United States government. If you do not qualify, you may not use our Services
4. Bidding Rules
When placing a bid, the buyer accepts the fact that it is making an offer to enter into a legally binding contract. A buyer agrees to rules for bidding in the “Notice to Bidders” whenever a buyer click into an auction. These rules are in addition to rules of sale as provided by the facility selling the listed property.
5. Payments
If you are the winning bidder at the end of an auction (meeting any applicable minimum bid or reserve requirements) and your bid is accepted by the buyer (seller in the case of a posted bid auction), you are obligated to complete the transaction, unless the transaction is prohibited by law or by these Terms and Conditions. By bidding on an item, you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of these Terms and Conditions or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity. Bidders may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then re-bid at a small increment above the legitimate high bidder (“bid siphoning”).
5.1. Fees and Services
StorageAuctions.com may charge a monthly subscription fee for the buying and listing of items for sale on the Site. In the event of a subscription fee, you acknowledge that your failure to pay any fees or charges when due may result in suspension or termination of access to our Services. Additionally, if you fail to pay any of the fees or charges due, you acknowledge and agree that you shall pay all costs incurred by us in connection with the collection of such past due amounts, including, without limitation, reasonable attorneys’ and collections agencies’ fees plus interest in an amount equal to the lesser of 1.50% per month or the maximum rate permitted by applicable law. You shall be responsible for all sales tax, use tax, value added taxes, withholding taxes and any other similar taxes and charge of any kind imposed by federal, state or local governmental entity on such fees and the transactions contemplated herein. When we have the legal obligation to pay or collect taxes for which you are responsible the appropriate amount shall be invoiced to and thereafter paid by you.
All fees are quoted in United States Dollars and the Fees and Credit Policies are incorporated into these Terms and Conditions by this reference.
6. Listing and Selling
6.1. The Seller's Obligations in Listing the Unit(s)
The User confirms that they have complied with all state laws regarding the propriety on conducting the auction and the items they list for sale on the Service, including but not limited to the lien procedure, the inventory of Units, notices to the tenant, public advertisement of the collection of bids and the sale, and the disposition of protected property and agrees to hold harmless and indemnify StorageAuctions.com for the foregoing.
The User agrees to clearly specify if any Unit(s) are not delinquent or are Units containing donated items to be auctioned for a charitable cause.
The User confirms that all information supplied regarding their identity is true and accurate. In the event the User provides false or misleading information regarding the personal property in the Unit(s), or the liened status of the contents, the User shall be liable for all costs in relation to any dispute raised by the buyer and shall indemnify, without limit, StorageAuctions.com.
The User further confirms it is properly authorized to sell the personal property in the Unit(s) and that it can transfer full ownership of the personal property in the Unit(s) to the buyer free from any other claim.
6.2. Listing Description
The User must be legally able (and assumes all related risk) to sell the item(s) listed for sale on the Site. The User must describe the item and all terms of sale on the listing page of the Site. The listings may include text descriptions, graphics, pictures and other content relevant to the sale of that item. Information listed online regarding all personal property in the unit must be true and accurate. All listed items must be listed in an appropriate category. All uniform price and descriptive price auction items must be identical (not limited to the size, color, make, and model).
6.3. Binding Bids
The User has discretion to accept the highest bid made on a unit. However, if you receive at least one bid at or above the stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction’s completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the listing (such as payment method), or (b) seller cannot authenticate the buyer’s identity.
6.4. Terms of the Seller’s Sale to the Buyer
This Service is solely for the online collection of bids, to make public storage auctions held at self-storage facilities more widely accessible to the public while minimizing the inconvenience to the storage facility. Therefore, all remaining terms not set forth herein, shall be left to the seller to delineate with the buyers or to negotiate with the buyer. For example, StorageAuctions.com shall not establish reserve/minimum bid requirements, an expanded deadline to empty the contents of the unit(s), access to the unit(s) by the buyer, or timing or method of payment by the buyer.
6.5. The Seller’s Obligations in Delivery of the Personal Property in the Unit(s)
The User must offer at least 24 hours to empty any Unit(s). However, the User is authorized to establish a deadline beyond 72 hours for the buyer to empty any Unit(s). It is the responsibility of the seller to ensure the property in the unit(s) is available and accessible within that time period.
7. Fraud; Illegal Activity
StorageAuctions.com may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the use of the services, including in regard to bidding and purchasing items. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name or use another participant’s password. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement.
8. Manipulation
Neither bidders nor sellers may manipulate the price of any item or interfere with other User’s listings or auctions. Such prohibited manipulation includes, without limitation, sending emails to bidders in a currently open auction being run by a different buyer, bid siphoning, or use of any alias or a third party to place bids on an item listed for sale by you on the Site.
9. Breach
Without limiting other remedies, StorageAuctions.com may immediately without notice issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our Services to you: (a) if you breach these Terms and Conditions or the documents it incorporates by reference; (b) if StorageAuctions.com is unable to verify or authenticate any information you provide to StorageAuctions.com; or (c) if StorageAuctions.com believes, in its sole discretion, that your actions may cause legal liability for you, our users or StorageAuctions.com. StorageAuctions.com shall not be obligated to escalate its remedies under this provision and may, in its sole discretion, immediately and without notice terminate your use of the Site.
10. Your Information.
10.1. Definition
“Your Information” is defined as any information you provide to StorageAuctions.com or other Users in the registration, bidding or listing process, in any public message area, or through any email feature. You are solely responsible for Your Information, and StorageAuctions.com acts as a passive conduit for your online distribution and publication of Your Information.
10.2. Disclosure of Information
As permitted by applicable law, StorageAuctions.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials or other third parties. To cooperate with information requests, to protect StorageAuction.com's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of StorageAuction.com's business and systems or other purposes deemed reasonable by StorageAuction.com, StorageAuction.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
10.3. Protection of Your Information
Each party is responsible for complying with applicable laws, including applicable data protection legal requirements, for the purpose of this agreement. StorageAuctions.com shall implement and maintain reasonable technical, administrative, and physical safeguards and security methods designed to prevent any unauthorized release, access, destruction, modification, or disclose of personal information. StorageAuctions.com may occasionally update, change, or add safeguards and security methods. StorageAuctions.com will provide notice if you need to take action to facilitate continued interaction with the services.
10.4. Restrictions
Your Information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for StorageAuctions.com or cause StorageAuctions.com to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under these Terms and Conditions; (bb) are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than the Site; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our Site (or consummate any transaction that was initiated using our Services) that, by paying to StorageAuctions.com the listing fee or the final value fee, could cause StorageAuctions.com to violate any applicable law, statute, ordinance or regulation, or that violates any applicable United States laws or the laws of the country, state or territory in which either you or your trading partner reside or to which the item being sold is to be shipped.
10.5. License
Subject to the provisions of the StorageAuctions.com privacy policy for the Site, you hereby grant and agree to grant to StorageAuctions.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use, publish, copy and distribute Your Information for any purpose related to the Site, the listing of items on the Site, the sale or purchase of items listed on the Site and the marketing and/or promotion of the Site or other products or services of StorageAuctions.com. This license excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information. You are responsible for all activities that occur under your use of the Services and the use by your users. You shall: (i) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify us promptly of any unauthorized use or security breach; (ii) to the extent applicable, comply with all applicable rules of credit card associations (including American Express, MasterCard and Visa); and (iii) obtain and maintain all computer hardware, software and communications equipment needed to access the Services and pay all access charges (e.g., ISP fees) incurred by you in connection with your use of the Services. You may not, and you shall ensure your users do not, (i) disassemble, reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services, or modify, adapt, create derivate works based upon, or translate the Services; (ii) license, sublicense, sell, rent , assign, distribute, time share transfer, lease, loan, resell, distribute or otherwise commercially exploit, grant rights in or make the Services available to any third party; (iii) use the Services except as expressly authorized hereunder or in violation of any applicable laws; (iv) engage in any illegal or deceptive trade practices with respect to the Services; (v) circumvent or disable any security or other technical features or measures of the Services or any other aspect of the Software or, in any manner, attempt to gain or attain unauthorized access to the Services or its related computer systems or networks; (vi) use the Services to transmit infringing, libelous, obscene, threatening, malicious code, or otherwise unlawful, unsafe, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights; (vii) use the Service to store or transmit any malicious code or unsolicited messages in violation of applicable laws; or (viii) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein. No other rights are granted except as expressly set forth herein. These terms are not a sale and does not convey any rights or ownership in, or to, the Services or any underlying software. StorageAuctions.com owns all right, title, and interest, including all intellectual property rights, in and to the Services and the underlying software and any and all updates, upgrades, modifications, enhancements, content, improvements or derivative works thereof, and in any idea, know-how, and programs developed by us or our licensors during the course of performance of the Services.
10.6. User Submissions
StorageAuctions.com enjoys hearing from Users of the Site and welcomes any feedback and/or input that users may have. Nevertheless, in order to avoid any disputes, StorageAuctions.com asks that Users not send any comments unless the User agrees that StorageAuctions.com will be licensed to use the comments in any way or manner that it chooses. Specifically, with respect to any design, idea, concept, suggestion, or other information users communicate to StorageAuctions.com, whether electronically to the Site or otherwise (collectively the “Submissions”), Users automatically, and without further action or consideration, hereby grant, and agree to grant, to StorageAuctions.com a royalty-free, perpetual, irrevocable, non-exclusive license to, for any and all purposes, use, reproduce, publish, display, distribute, transfer, modify, license, sell, and create derivative works from such Submissions (or any part of such Submissions), in whole or in part and in any form, medium, or technology existing now or in the future.
11. Downloaded Content
If any downloaded content (the “Downloaded Content”) is provided to you by the Site (i.e., Java applets, Active-X controls, etc.), you may use such Downloaded Content only as part of your use of the Site in compliance with these Terms and Conditions. You may not copy, reproduce, publish, distribute, display, or otherwise transfer, or modify, adapt, perform, license, sell, or create derivative works from, or decompile, disassemble, or otherwise reverse engineer, any Downloaded Content without the prior express written consent of StorageAuctions.com.
12. Copyright And Trademark Notices and Restrictions
StorageAuctions.com and/or the licensors of StorageAuctions.com own the copyrights to all aspects of the Site. “StorageAuctions.com” and all other names and designations used by StorageAuctions.com on or for any of its products or services referenced on the Site (collectively all the “StorageAuctions.com Marks”) are service marks or trademarks (or registered service marks or trademarks) of StorageAuctions.com. Other company names and other product or service names or designations referenced on the Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. All rights in the Site, the Technology, the Downloaded Technology and the StorageAuctions.com Marks are reserved by StorageAuctions.com. You may not use the StorageAuctions.com Marks for any purpose whatsoever without the prior express written consent of StorageAuctions.com.
12.1. Warranty and Limitations of Liability and Indemnification
12.2. No Warranties
StorageAuctions.com PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. StorageAuctions.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER ACKNOWLEDGES AND AGREES THAT StorageAuctions.com, ITS AGENTS AND AFFILIATES, ACT ONLY AS A CONDUIT FOR THE PUBLICATION OF THE CONTENT AND HAVE NO CONTROL OVER THE IDENTITY, QUALITY, OR ABILITY OF BUYERS TO COMPLETE A TRANSACTION AND ASSUME NO LIABILITY FOR SUCH.
12.3. Disclaimer Liability
IN NO EVENT WILL StorageAuctions.com BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF OUR SERVICES AND THE SITE, EVEN IF StorageAuctions.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT StorageAuctions.com, ITS DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS AND REPRESENTATIVES 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 ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) YOUR USE OF OR INABILITY TO USE 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. NOTWITHSTANDING THE FOREGOING, IN NO INSTANCE, SHALL STORAGEAUCTIONS.COM BE LIABLE FOR DAMAGES UNDER ANY CIRCUMSTANCES IN EXCESS OF $5,000. 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, but only to the extent limited by applicable law.
12.4. Indemnity
You agree to indemnify and hold StorageAuctions.com and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any and all claims, demands, suits, proceedings, investigations, damages, costs, expenses, losses, and any other liabilities (including all attorneys’ fees, court costs and expenses) arising out of or relating to (i) User’s use of the services, (ii) any content provided by the User, (iii) any actual or alleged breach by user of any representation, warranty, covenant or obligation under the Agreement, or (iv) gross negligence or will misconduct.
13. Term of Agreement
For any monthly subscription service, your subscription commences on the date of your order with us and shall continue on a month-to-month basis thereafter unless earlier terminated as provided herein. Either party may terminate a monthly subscription service for any reason with thirty-days’ written notice. Upon termination, all accrued amounts shall be due and owning and access to any features restricted to use for monthly subscribers shall cease.
14. General Provisions
14.1. Compliance with Laws
User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of our Services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
14.2. Governing Law and Jurisdiction
This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to principles of conflict of laws.
14.3. Dispute Resolution
Each Party irrevocably and unconditionally agrees that any legal controversy or legal claim arising out of or relating to these Terms and Conditions or our Services, including contract, equity, tort, fraud, and statutory claims, in any forum other than the state or federal courts located in Austin, Texas. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in said courts. The prevailing party may recover attorneys’ fees and costs.
14.4. Severability
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.
14.5. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to StorageAuctions.com, Attn: Legal, 10900 Research Blvd Ste 160C PMB 3099; Austin, TX 78759 or to the email address provided to you by StorageAuctions.com during the registration process. Notice shall be deemed given the next business day after 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, StorageAuctions.com may give you notice by certified mail, postage prepaid and return receipt requested, to the e-mail address provided to StorageAuctions.com during the registration process.