Last Updated: 12/05/22
These Terms of Service (“Terms”) apply to your access to and use of the Seek & Store websites, Seek & Store mobile applications, and other online Seek & Store products and services, including any services relating to the reservation of your storage units (collectively, the “Services”) provided by Seek & Store, LP (“Seek & Store” or “we”) to you (“Company” or “you”). By clicking [“I Accept”] or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16. If you do not agree to these Terms, do not use our Services.
If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
(a) In connection with the Services relating to the reservation of your storage units (the “Reservation Services”), Seek & Store’s role is limited to advertising your storage units (“Units”, and each a “Unit”) and communicating to you requests for reservations with respect to your Unit(s) from individuals or other third parties (“Prospective Customers”, and each a “Prospective Customer”). Seek & Store does not control the completion of the reservation of a Unit (a “Reservation”). Seek & Store is not a real estate broker; Seek & Store is not acting as an agent in any capacity for you or any Prospective Customer; and no brokerage relationship or any agency or fiduciary relationship exists between you and Seek & Store. You may decide, in your sole discretion, whether to list any Unit and the price at which you make the Unit available.
(b) If a Prospective Customer requests or otherwise expresses interest in a Unit via the Reservation Services, you may be contacted by the Prospective Customer, or we may provide you with the necessary information to contact the Prospective Customer. Any interactions or transactions between you and a Prospective Customer, and agreements or contracts between you and a Prospective Customer, are solely between you and such Prospective Customer. You acknowledge and agree that Seek & Store is not a party to any such agreements or contracts and that Seek & Store is not obligated to mediate any disputes between you and a Prospective Customer or any individual or third party that ultimately rents, leases, or otherwise uses your Unit.
(c) Seek & Store has the right, but not the obligation, to monitor the Reservation Services and verify information provided by you. You are solely responsible for offering your Unit and describing your Unit via the Reservation Services, including the price and availability applicable to your Unit (any such description, a “Unit Description”). You must always keep your Unit Description up to date and accurate.
(d) [The Services allow Prospective Customer to view Unit search results by their preference, whether based on price, reviews, or other criteria. Search order on the Services will vary automatically depending on Prospective Customer’s preferences and the filters used by the Prospective Customer. Seek & Store may, at any time and in its sole discretion, make changes to the manner in which Units are displayed within the Services. Further, Seek & Store may elect not to offer, display or list for booking any of your Units.]
Storage Space will enable authorized individuals of Company to create accounts enabling such individuals to access the Services (“Authorized Users”). You will ensure that Authorized Users provide accurate account information and promptly update this information if it changes, and you hereby agree to receive emails, SMS messages, and other types of communication from Seek & Store via the Services and otherwise using the email address or other contact information you or your Authorized Users provide in connection with your account or the account(s) of your Authorized Users. You will be solely responsible for your Authorized Users and their activity in connection with the Services, and you will maintain the security of any accounts created by your Authorized Users. If you discover or suspect that someone has accessed any such account(s) without your permission or the permission of one of your Authorized Users, you will promptly notify Seek & Store. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
(a) Our Services may allow you to create, post, store and share content, including the Unit Description (collectively, “Company Content”). Except for the license you grant below, as between you and Seek & Store, you retain all rights in and to your Company Content, excluding any portion of the Services included in your Company Content.
(b) You grant Seek & Store and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Company Content and any name, username or likeness provided in connection with your Company Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share Company Content on or through our Services, you understand that your Company Content and any associated information (including your username or profile photo) may be visible to others.
(c) You may not create, post, store or share any Company Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Company Content, and our use of such content as permitted by these Terms, will not violate any rights of any person or entity. Although we have no obligation to screen, edit or monitor Company Content, we may delete or remove Company Content at any time and for any reason with or without notice.
(a) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not: (i) engage in any harassing, threatening, intimidating, predatory or stalking conduct; (ii) use or attempt to use another user’s account without authorization from that user and Seek & Store; (iii) impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; (iv) sell, resell or commercially use our Services; (v) copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; (vi) modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; (vii) use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; (viii) reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; (ix) use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; (x) develop or use any applications that interact with our Services without our prior written consent; (xi) send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; (xii) bypass or ignore instructions contained in our robots.txt file; or (xiii) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
(b) You may also post or otherwise share only Company Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any Company Content that: (i) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; (iii) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (iv) contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; (v) impersonates, or misrepresents your affiliation with, any person or entity; (vi) contains any unsolicited promotions, political campaigning, advertising or solicitations; (vii) contains any private or personal information of a third party without such third party’s consent; (viii) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or (ix) in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Seek & Store or others to any harm or liability of any type.
(c) Enforcement of this Section 5 is solely at Seek & Store’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Seek & Store or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
Seek & Store, Seek & Store and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Seek & Store and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Seek & Store or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Seek & Store’s sole discretion. You understand that Seek & Store may treat Feedback as nonconfidential.
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Seek & Store’s designated agent as follows:
Designated Agent: [insert name] Address: [insert street address] [insert city, state and Zip] Telephone Number: [insert phone number] E-Mail Address: [insert email]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Seek & Store for certain costs and damages.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services, (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Seek & Store does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Seek & Store and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Seek & Store Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Company Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Seek & Store Parties of any third-party Claims, cooperate with Seek & Store Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Seek & Store Parties will have control of the defense or settlement, at Seek & Store’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Seek & Store or the other Seek & Store Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Seek & Store does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Seek & Store attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
(a) To the fullest extent permitted by applicable law, Seek & Store and the other Seek & Store Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Seek & Store or the other Seek & Store Parties have been advised of the possibility of such damages.
(b) The total liability of Seek & Store and the other Seek & Store Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to US$100.00.
(c) The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Seek & Store or the other Seek & Store Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Seek & Store and the other Seek & Store Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
(b) Personal Information excludes Anonymous Data (as defined below). As between you and Seek & Store, Anonymous Data is owned by Seek & Store and, subject to any applicable laws, Anonymous Data may be used by Seek & Store to conduct analytics and provide aggregated analysis to its customer base, provided that the information is always aggregated at the channel or category level. (c) Security Incidents. Seek & Store will notify Company in writing promptly upon learning of any unauthorized, access, acquisition, use or disclosure of Personal Information Processed by Seek & Store on behalf of the Company (each a “Security Incident”). Seek & Store will investigate any Security Incident and keep Company reasonably informed of the status of the Security Incident.
**EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 16, ANY DISPUTE ARISING UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, IN EACH CASE WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND COMPANY AGREES THAT STORE SPACE AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. COMPANY AGREES THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND COMPANY IS AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be resolved exclusively by final and binding arbitration in [●] before one arbitrator in English pursuant to JAMS Comprehensive Arbitration Rules and Procedures. The Parties agree that this Agreement affects interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law. **
If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of [state], except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of [state] or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of [state] and the United States, respectively, sitting in [county, state].
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
(a) The failure of Seek & Store to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
(b) You represent and warrant that you not named on any U.S. government agency’s sanctioned or denied-party list. You will not, and will not permit any person to, access or use the Services in violation of any applicable export law or regulation. Notwithstanding any other provision of these Terms, Seek & Store reserves the right to limit or deny access to the Services to any person who is named on or subject to any U.S. government agency’s sanctioned or denied-party list.
(c) Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
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