StorageAuctions.com Terms of Service
The following describes the terms and conditions on which StorageAuctions.com offers you
access to our site. These terms and conditions (Terms and Conditions) describe the policies,
terms, and conditions applicable to your use of our services (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. You may not use our
services if you do not accept these Terms and Conditions. StorageAuctions.com, hereinafter
called Owner, reserves the right to make changes to this Site and these Terms and Conditions at
any time without prior notice. This Agreement may not otherwise be amended except in a writing
signed by Owner.
3.1. Online Auction
Although the Site may be commonly referred to as an online auction web site, it is important to
realize that StorageAuctions.com is not a traditional “auctioneer.” Instead, the Site acts as a
venue to allow anyone to offer, sell, and buy products in the categories listed on the Site, at
anytime, 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
that a buyer or seller will actually complete a transaction.
3.4. Information Control
StorageAuctions.com does not control the information provided by other users which is made
available through our system. You may find other user’s information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when
using our Site. Please note that there are also risks of dealing with underage persons or people
acting under false pretense. Additionally, there may also be risks of dealing with international
trade and foreign nationals.
4. Bidding and Buying
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”).
5.2. Binding Bids
If you receive at least one bid at or above your 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 your listing (such as payment method), or (b) you
cannot authenticate the buyer’s identity (seller’s identity in the case of a posted bid auction).
Without limiting any other remedies, StorageAuctions.com may suspend or terminate your
account if it suspects that you (by conviction, settlement, insurance or escrow investigation, or
otherwise) have engaged in fraudulent activity in connection with the Site.
Neither you, bidders nor sellers may manipulate the price of any item nor may you 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
6. Your Information.
“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.
StorageAuctions.com, however, may take any action with respect to Your Information as it deems
necessary or appropriate if StorageAuctions.com believes that any part of Your Information may
create liability for StorageAuctions.com or may cause StorageAuctions.com to lose (in whole or in
part) the services of any of its suppliers.
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.
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.
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 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 immediately and
without notice terminate your use of the Site.
8. Access and Interference
The Site contains robot exclusion headers and you agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy our web pages or the content
contained herein without the prior expressed written permission of StorageAuctions.com. [You
agree that you will not use any device, software or routine to bypass our robot exclusion headers,
or to interfere or attempt to interfere with the proper working of the Site or any auction being
conducted on the Site.] You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure. Much of the information on our Site is
updated on a real time basis and is proprietary or is licensed to StorageAuctions.com by our users
or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative
works, or publicly display any content (except for Your Information) from our Site without the
prior expressed written permission of StorageAuctions.com or the appropriate third party.
9. 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.
10. 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
11. Copyright And Trademark Notices
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. No Warranty
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. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to you.
13. Disclaimer Of 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. 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.
14.1. Choice of Law
The laws of the State of Louisiana, United States of America, without regard to its choice-of-law
rules, will govern the instruction, interpretation, and enforcement of these Terms and Conditions.
Any legal controversy or legal claim arising out of or relating to these Terms and Conditions or
our Services, excluding legal action taken by StorageAuctions.com to collect our fees and/or
recover damages for, or obtain an injunction relating to, the Site operations, intellectual property,
and our Services, shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in the State of Louisiana,
United States of America, and judgment on the arbitration award may be entered into any court
having jurisdiction thereof. Either you or StorageAuctions.com may seek any interim or
preliminary relief from a court of competent jurisdiction in the State of Louisiana, United States
of America, necessary to protect the rights or property of you or StorageAuctions.com pending
the completion of arbitration. Should either party file an action contrary to this provision, the
other party may recover attorneys’ fees and costs.
15. Fees and Services
Currently, StorageAuctions.com does not charge a user for registration on the Site or for bidding
on items listed on the Site. However, StorageAuctions.com does charge a monthly subscription
fee for the listing of items for sale on the Site. The current “Fees and Credit Policies” for listing
items for sale on the Site are available [here]. All fees are quoted in United States Dollars and the
Fees and Credit Policies are incorporated into these Terms and Conditions by this reference.
When you list an item you have an opportunity to review and accept the fees that you will be
charged for the use of our Services. StorageAuctions.com may in its sole discretion change some
or all of our Services at any time. In the event StorageAuctions.com introduces a new service, the
fees for that service are effective at the launch of the service. You are responsible for paying all
applicable taxes related to or arising from the purchase or sale of items listed on the Site and for
all other costs incurred by you to bid, buy, procure a listing from the Site or access the Site’s
servers. Your use of the Site and Services evidence your acceptance of the fees and your
commitment to payment of all applicable fees.
You agree to indemnify and hold StorageAuctions.com and its subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or
the documents it incorporates by reference, or your violation of any law or the rights of a third
17. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of our Services and your bidding on, listing, purchase, solicitation
of offers to purchase, and sale of items.
18. No Agency
You and StorageAuctions.com are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or created by this
Except as explicitly stated otherwise, any notices shall be given by postal mail to
StorageAuctions.com, Inc., Attn: Agent, StorageAuctions.com, 10560 Perkins Road, Baton Rouge,
LA 70810 or to the email address provided to you by StorageAuctions.com during the registration
process. Notice shall be deemed given 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 address provided to
StorageAuctions.com during the registration process. In such case, notice shall be deemed given
3 days after the date of mailing.
StorageAuctions.com does not guarantee continuous, uninterrupted or secure access to our
services, and operation of the Site may be interfered with by numerous factors outside of our
control. If any provision of these Terms and Conditions are held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced. You agree that
these Terms and Conditions and all incorporated agreements may be automatically assigned by
StorageAuctions.com, in our sole discretion, to a third party in the event of a merger or
acquisition. Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. StorageAuctions.com’s failure to act with respect to
a breach by you or others does not waive our right to act with respect to subsequent or similar
breaches. These Terms and Conditions sets forth the entire understanding and agreement
between you and StorageAuctions.com with respect to the subject matter hereof. Sections 3.3
(Release), 6.3 (License), 8 (Access and Interference), 12 (No Warranty), 13 (Disclaimer of Liability)
and 14.2 (Arbitration) shall survive any termination or expiration of these Terms and Conditions.
What is a Gives Unit?
This facility is donating % of this unit's final bid price to charity. The only difference is that your Down Payment is % for this unit.