B2 iNTERACTIVE, LLC SELF STORAGE NETWORK INCLUDING WWW.NYSELFSTORAGE.COM
TERMS AND CONDITIONS
BUSINESS PROFILE PAGE ADVERTISING APPLICATION
These terms and conditions (“APPLICATION”) constitute a legally binding agreement between you (“you” or “User”) and B2 Interactive, LLC operators of a network of Self Storage Websites including USstoragesearch.com, Storage.com, StorageUnit.com and other self-storage related websites– all of which may contribute data to and share data from this the Site. Collectively these websites and B2 Interactive, LLC shall be referred to as “B2i”.PLEASE READ THE TERMS AND CONDITIONS OF THIS APPLICATION CAREFULLY. IT IS IMPORTANT THAT YOU PRINT AND KEEP A COPY OF THIS APPLICATION. BY CLICKING ON THE “I ACCEPT” BUTTON OR AGREEING VERBALLY TO THIS APPLICATION, YOU AGREE THAT THESE TERMS AND CONDITIONS WILL GOVERN YOUR RIGHTS AND RESPONSIBILITIES REGARDING THE USE OF WWW.B2I (THE “SITE”) AND B2I LOCAL SEARCH MARKETING SERVICES THE “SERVICES”). YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS DOES NOT OBLIGATE B2I TO PUBLISH OR GUARANTEE THE PLACEMENT OF SEARCH RESULTS WITH ANY ONLINE SEARCH SERVICE OR SEARCH ENGINE. B2I MAY REJECT YOUR APPLICATION, IN WHOLE OR IN PART, IN ITS SOLE DISCRETION, FOR ANY REASON.
The person clicking on the “I accept” button below hereby certifies that he or she is either User, or that he or she has been lawfully authorized to submit this Application and authorize the placement of Electronic Advertising on behalf of User.
SECTION 1 – APPLICATION
By clicking “I accept” or verbally agreeing to these terms and conditions, User indicates acceptance of this Application and requests B2i to publish via an online profile page (“Profile Page”) information provided by User related to User’s business (“Electronic Advertising”) on various electronic media, including, without limitation, a listing on the Site (“Electronic Listing”). Electronic Advertising may also incorporate data from User’s websites or other User data items identified on this Application (as defined below) or submitted for use on a Profile Page, and any audio or video, or other website related content, whether or not linked to or made a part of the Electronic Listing. The “Application Date” is the date the User confirms acceptance of these Terms and Conditions and submits an order.
SECTION 2 – PAYMENT AND TERM
(a) Refunds and Credit Card Payments. Except as expressly set forth herein, all payments are non-refundable. Unless B2i agrees to or requires other billing arrangements, publication charges will be automatically billed to the credit card User designates during the application process. B2i reserves the right to collect and send to collection agencies any outstanding balance due 30 days after the payment due date.
(b) Term. The term of this agreement shall be month-to-month unless a longer contract term is selected on an order form, verbally when speaking with a B2i employee/representative, or by selecting and confirming a product purchase online that specifies a different term.
SECTION 3 – CONTENT
(a) Profile Page Advertising Copy. “Advertising Copy” means all content or other data including all text, graphics, illustrations, symbols, logos, names, addresses, trade names, trademarks, service marks, pictures, photographs, audio, video, animation, or other likenesses, reproductions of real or fictitious persons (including minors), and written, visual or audible endorsements provided by User and other content included on or linked to User’s Profile Page, including any content submitted online by User or any person(s) using its account and password(s) (“Authorized User(s)”). B2i has the right in its sole discretion to change the wording, size, font or images associated with any of the Advertising Copy to conform it to B2i’s policies, procedures, standards or practices and or to the policies of any third parties upon whose site or network the Advertising Copy may be published on behalf of User or B2i. User represents and warrants that it has the absolute and unrestricted right and authority to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works from any and all Advertising Copy in any medium and in (or in connection with) any Electronic Listing or Electronic Advertising published under this Application without the consent or authorization of any other person or entity. User further represents and warrants that (i) it has the right to provide the Advertising Copy to B2i and the authority to grant B2i all rights afforded by these Terms and Conditions without the approval or authorization of any other person or entity; and (ii) the exercise of any such rights, licenses, or authorizations by B2i or its sub-licensees will not violate or infringe any copyright or other intellectual property right, privacy rights, or other rights of any other person or entity. User agrees to immediately notify B2i in writing if any proceeding contesting such rights or delegation thereof is initiated by any third party.
(b) Additional User’s Representations. User represents and warrants that (i) all statements contained in the Advertising Copy are truthful and not misleading; (ii) that it is authorized to provide the services and products advertised in all Electronic Advertising; (iii) the Advertising Copy complies with all applicable laws and regulations; (iv) it has all of the applicable licenses and permits required to provide the goods and services offered in connection with the Electronic Advertising in all of the geographic areas covered by the Electronic Listing; and (v) it will notify B2i immediately if it becomes aware of any facts or circumstances indicating that any of the representations herein are, or become, untrue. User understands and agrees that B2i does not approve or endorse any product or service described in any advertising, and specifically consents to the publication by B2i or its subsidiaries and/or affiliates of the advertising of any other person in any Electronic Listing at any time, although such advertising may compete with or be in direct or indirect competition with User’s products or services or User.
(c) B2i’s Rights in Advertising Copy. If B2i creates or supplies any Advertising Copy, User agrees that: (i) User is responsible for the content, but that B2i retains all rights in and/or ownership of any such Advertising Copy and User will not have any right therein except as expressly set forth in this Application; (ii) B2i reserves the right to supply such Advertising Copy to other publishers; (iii) User has no right to use advertising developed with Advertising Copy created or supplied by B2i except in connection with this Application; and (iv) User will not have the right to allow others to use such advertising or any such Advertising Copy. User waives any and all rights of attribution and integrity and other statutory and common law rights of every kind relating to any Advertising Copy. It is User’s responsibility to review and request changes to any Advertising Copy created or supplied by B2i. User understands and agrees that B2i will own the compiled data it collects from User, the copyright for all compiled Electronic Listings and all copyrighted portions of each Electronic Listing, and all rights (including intellectual property rights) associated therewith.If User acquires any rights in or to any of the foregoing, by operation of law or otherwise, User shall, and hereby does, assign all of User’s rights therein and thereto to B2i. User agrees to take all appropriate action and to execute any and all documents necessary or reasonably requested by B2i to establish, perfect, effectuate, and preserve B2i’s rights in and to the compiled data it collects from User, the copyright for all compiled Electronic Listings and copyrighted portions of each Electronic Listing.
(d) Appearance. User acknowledges that published Electronic Advertising may be of a lower quality or otherwise differ from the original Advertising Copy or from electronic representations supplied by B2i in clarity, color, contrast, focus, size and other features. User hereby releases B2i from any and all liability for Electronic Advertising of inferior quality produced from substandard Advertising Copy. User acknowledge that the size, color, font, highlighting and arrangement of listing items in Electronic Advertising may be adjusted from that appearing in any sales collateral or copy sheet and from web page to web page, and that the associated Electronic Listing’s enhancements may be omitted (e.g., the Electronic Listing may appear as a basic listing) as a result of a distribution intermediary’s hardware, software or system limitations, browser settings or the manner in which the Electronic Listing is transferred to any third party distribution intermediary prior to its display to the viewer or end user.
(e) Distribution. User grants to B2i the absolute, non-exclusive, irrevocable, royalty-free, unrestricted right, license and authority to: (i) use, reproduce, publish, publicly perform, publicly display, distribute and prepare derivative works based upon any Advertising Copy, and any changes thereto that User or its agents provide to B2i hereunder, or that B2i or its agents may otherwise develop or use hereunder, in whole or in part, in such manner, format, and media as B2i may deem appropriate and for such purposes as it may see fit, subject to applicable law; and (ii) grant third parties the right, sublicense and authority to exercise all or any portion of the rights afforded B2i hereunder and to further sublicense these rights, subject to such terms and conditions as B2i may deem appropriate.
(f) User’s Obligation to Verify Information. User understands that it is User’s obligation to verify that the data provided to B2i on this Application accurately matches the information on file with User’s telephone company relating to User’s business telephone service account.
SECTION 4 – NO OBLIGATION TO PUBLISH
User understands that this Application is not a commitment by B2i to publish or to have published by any search engine or other third party any Electronic Advertising, or create an Electronic Listing or any portion thereof. B2i will only be bound by this Application if and to the extent that B2i publishes User’s Electronic Advertising. If B2i fails to publish some of User’s Electronic Advertising, User’s sole remedy shall be a refund of money previously paid for that portion of the Electronic Advertising not published by B2i. Upon refund of such money previously paid to B2i, B2i shall have no further obligation to User regarding such unpublished Electronic Advertising.
SECTION 5 – LOCATION OF ADVERTISEMENTS AND HEADINGS
User agrees that (i) B2i will determine all headings that will appear in the Electronic Listing and has the right to approve or reject User’s selection of a heading; (ii) B2i does not guarantee that User’s Electronic Advertising will appear under a specific heading or position within a heading in any Electronic Listing; (iii) B2i does not guarantee that any Electronic Advertising will appear at any specific place, position, or location on the electronic directory page(s) or directory listings for the world wide web, or at a specific URL address on the Internet, or at a specific location within any other Electronic Listing, or that the URL or keywords of any Electronic Advertising will be placed with any particular search engine; and (iv) Electronic Listing headings are included only for convenience, and B2i does not warrant or guarantee that, by listing User’s Electronic Advertising under a given heading, User provides the service or product described in that heading or that Userconform to all applicable legal or regulatory requirements for providing that product or service.User understands and agrees that B2i may (a) change the content, form or appearance of any Electronic Listing at anytime, including but not limited to removing, reducing or expanding business listings or sections, and (b) change the geographic area or areas covered in, or the distribution of, any Electronic Listing at any time.
SECTION 6 – PUBLICATION
User understands and agrees that B2i cannot and does not guarantee the number of people who will view any Electronic Advertising. Accordingly, for the purposes of this Application, B2i will be deemed to have published User’s Electronic Advertising if it includes User’s Profile Page in the B2i database or otherwise hosts the Electronic Advertising so that it is accessible to Internet users or search engines through the Site in response to appropriate queries and searches. User understands that B2i may change the specifications of User’s Electronic Advertising at any time upon notice. In the event such change is material to User’s Electronic Advertising, notwithstanding anything to the contrary herein, User may cancel its Electronic Advertising as its sole remedy by providing B2i with written notice immediately upon receipt of B2i’s notice of changes. B2i may (but is not obligated to) make the Electronic Listing available, in whole or in part, to end users through various search engines, applications, facilities, websites and web services, including without limitation (i) other websites owned and/or operated by B2i; (ii) such additional sites as B2i may directly or indirectly employ from time to time in its provision of such Electronic Listing to intermediaries and end users of other commercial applications, websites and web services which are owned, hosted or provided by third parties to whom B2i has agreed to provide such Electronic Listing services; and (iii) such other applications, media and communications channels and protocols of any kind, mechanisms and facilities as B2i may employ in the provision and delivery of such Electronic Listing to end users.
SECTION 7 – CANCELLATION / SUSPENSION
(a) User Cancellation. In the event of cancellation of Electronic Advertising by User in accordance with the terms hereof, User will remain liable for the payment of all charges incurred through the last day of the billing period when such termination notice is received.
(b) Suspension and Cancellation of Services. B2i may cancel any or all Electronic Advertising or temporarily and/or permanently suspend its provisioning of or access to the Services, in whole or in part, without prior notice at any time in its sole discretion for any reason, including without limitation, if B2i concludes that: (i) User is in breach of any term of this Application; (ii) any Electronic Advertising might be obscene, indecent, or otherwise objectionable, might violate a third party’s intellectual property rights or other rights, or is otherwise legally actionable.
(c) Rescission. Usermay rescind this Application within three (3)business daysafter the Application Date. In the event User rescinds this Application, Usershall be entitled to a refund of any chargesincurred hereunder upon the User’s request.
SECTION 8 – LIMITATION OF LIABILITY
User agrees: (a) that the total amount of damages that it may recover from B2i related to this Application will not exceed the lesser of (1) the amount (as determined by B2i) by which the value of the item of Electronic Advertising at issue was decreased, or (2) the sum of the charges User has paid for such items of Electronic Advertising at issue (the lesser amount being referred to as the “Liability Cap”); and (b) to waive any claim for damages to the extent such damages exceed the Liability Cap. B2i will have no liability for any error, omission, or default with regard to items for which no charge is assessed. The limitation of liability in this Section 8 will apply to the full extent permitted by law, and it will apply to any claim that User may have against B2i, any affiliate, subsidiary, or agent of B2i, any party that provides fulfillment or other services related to this Application, or any Third Party Distribution Contractors. “Third Party Distribution Contractors” means third parties for whom B2i provides a co-branded or private-label directory or through whom B2i otherwise provides its directory services. The claims covered by this limitation of liability include, but are not limited to: any claims based on contract violations, torts (including but not limited to negligence or strict liability) or any other legal or equitable ground; any claims for lost business revenues, profits or the cost of other forms of advertising; any claims based on any error or omission in User’s Electronic Advertising; and any claims based on inaccessibility, interruptions, delays, defects, deletion of files or email, viruses or any failure of performance of B2i. In no event will B2i, any affiliate, subsidiary or agent of B2i, or any Third Party Distribution Contractor be required to correct, or to give any special notice regarding, any error or omission in any Electronic Listing.
SECTION 9 – INDEMNIFICATION
To the fullest extent permitted by law, User agrees to indemnify, defend, and hold harmless B2i, affiliates, subsidiaries, and agents of B2i, any party that provides fulfillment or other services to B2i related to this Application, and any Third Party Distribution Contractors from and against all damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses, including all of its attorney’s fees and expenses, arising out of or resulting from claims brought by third parties regarding (i) the publication of Electronic Advertising as requested by this Application or in accordance with User’s Advertising Copy (or changes User makes or requests thereto) or the content on or the operation of any website(s) included in User’s Electronic Advertising or to which User’s Electronic Advertising links; (ii) any breach of any of User’s obligations, representations, warranties or covenants under this Application; (iii) transactions initiated through any Electronic Advertising (including without limitation, any taxes or shipping and handling charges applied thereto); (iv) payment processing services provided by any third party; or (v) any agreement or arrangement between User and any third party (including without limitation any agreement(s) between User and a third party payment processing company).
SECTION 10 – LINKS
If User’s Electronic Advertising contains links to other websites, User hereby: (i) grants to B2i and its sub-licensees a non-exclusive,royalty-free, unrestricted right and license to establish such links, to link users of its Electronic Advertising to the website(s) designated in its Electronic Advertising, to cause the link(s) to open new browser window(s), and to publish the website(s) designated by such link(s) within such window(s); and (ii) represents and warrants that (a) it has the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and (b) all copy and content of all websites to which User’s Electronic Advertising links complies in all respects with all applicable laws and regulations.
SECTION 11 – B2I MAY ACT AS SALES AGENT
User understands and agrees that B2i may be acting as a sales agent for another publisher. If B2i is acting as a sales agent for another publisher, User agrees that its contract is with B2i and that B2i will not be liable for any damages related to such other publisher’s advertising. In addition, User agrees that, if User attempts to bring any claim against any entity related to such advertising, such entity will also be entitled to assert any defense that B2i is provided in accordance with the terms and conditions this Application.
SECTION 12 – GENERAL DISCLAIMERS
B2i disclaims any obligations and warranties, whether express, implied, statutory or otherwise, that are not expressly set forth in this Application, including without limitation ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Without limiting the foregoing,(i) B2i does not warrant that the electronic advertising will be published without error or omission, AND (ii) B2i does not warrant the number of responses to User’s electronic advertising, any other business benefit or the suitability of User’s electronic advertising for any business purpose.
SECTION 13 – SECURITY / ELECTRONIC TRANSACTIONS
User agrees that it is solely responsible for maintaining and ensuring the security of any and all passwords obtained from B2i or its agents in connection with User’s use of the Services, and that User will be directly responsible for all conduct, acts or omissions on the part of any of its Authorized Users. User acknowledges and agrees that the conduct of any Authorized Users in clicking on any on-screen buttons, or engaging in any other similar conduct, will be legally sufficient for all purposes to bind User, to the same extent as though evidenced by the signature of its authorized representative. B2i may revoke User’s password(s) or deny User or any Authorized User access to the Services, in whole or in part at any time, in B2i’ reasonable sole discretion. User acknowledges that the server space upon which Electronic Advertising is hosted, and the Internet connections through which any transactions conducted in connection with e-commerce enabled advertising, will be unsecure, unless otherwise indicated by B2i in writing.
SECTION 14 – DOMAIN NAMES
User authorizes B2i to host any website Electronic Advertising requested under this Application at any extension or subdomain of any of B2i’s Internet domains which B2i deems appropriate. User acknowledges that it is solely responsible for conducting any trademark searches and other similar activities which may be necessary or appropriate in relation to the selection, evaluation and appropriateness of any custom domain name(s) which User may request B2i to link to, and that B2i will have no liability or obligation to User whatsoever in the event of any third party claims against User.
SECTION 15 – ADDITIONAL DISCLAIMERS
Without limiting the general disclaimers contained in Section 12 above, B2i does not warrant the following: (i) that User’s advertising will be published or withdrawn on a particular day; (ii) that a specific number of persons will access or download an Electronic Listing, any portion of the Electronic Listing, any heading or any Electronic Advertising (and does not otherwise warrant the effectiveness of the Services, any Electronic Advertising or any service ancillary thereto); (iii) that the Services, any Electronic Advertising or any service ancillary thereto will be uninterrupted or error free, or facilitate any connection to or transmission over the Internet; or (iv) that any Electronic Advertising will be placed on any co-branded or private label version of B2i’s Electronic Listing (or any other version provided through a Third Party Distribution Contractor). B2i is not liable for any services provided by third parties (including without limitation any Internet service provider or local exchange carrier).
SECTION 16 – FORCE MAJEURE
Neither User nor B2i will be in breach of its obligations under this Application (other than obligations to pay monies due) in the event that, for cause or causes beyond its reasonable control, such party is unable to perform, in whole or in part, any one or more of its obligations under this Application. Such causes will include, but not be limited to, labor disputes, governmental regulations or controls, fire or other casualty, inability to obtain materials or services, technical failure or difficulties, problems or interruptions with the Internet, computer viruses, snow storms, hurricanes or other acts of God, insurrection, or any other cause not within the reasonable control of such party.
SECTION 17 – ENTIRE AGREEMENT
SECTION 18 – GOVERNING LAW
User and B2i agree that this Application and all disputes relating to this Application will be governed by and interpreted according to the laws of the State of Nebraskawithout reference to conflict of laws principles.
SECTION 20 – SUCCESSORS AND ASSIGNS
This Application will be binding on and inure to the benefit of B2i and User, and their permitted successors and assigns. B2i may, in its sole discretion, assign this Application or delegate any of its duties hereunder without the consent of User. User may not assign any of its rights or delegate any of its duties under this Application without prior written consent of B2i.
SECTION 21 – WAIVER OF RIGHTS
Except as otherwise set forth in this Application (including the provisions of Section 7), the failure of B2i or User to exercise or enforce a legal right or remedy under this Application does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of this Application is deemed a waiver of any other right, term or provision.
BY CLICKING THE “I ACCEPT” BUTTON BELOW, USER REPRESENTS THAT ITS AUTHORIZED REPRESENTATIVE HAS READ AND UNDERSTANDS THIS APPLICATION AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN TO THE SAME EXTENT THAT WOULD OCCUR IF ITS DULY AUTHORIZED AGENT’S ORIGINAL SIGNATURE WAS AFFIXED HERETO. IF User DOES NOT AGREE TO ALL THESE TERMS AND CONDITIONS OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND User, DO NOT CLICK THE “I ACCEPT” BUTTON BELOW.
B2 iNTERACTIVE, LLC SELF STORAGE NETWORK INCLUDING WWW.NYSELFSTORAGE.COM
TERMS OF SERVICE
Last Updated: August 27, 2014
Customer may be required to register for an account on the Site and a membership subscription in order to access certain Services and other resources. Membership privileges are granted by B2i to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing storage/self storage information service is permitted to access any of the password protected areas of the Site without express written permission from B2i. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of B2i. B2i requires that each registered user maintain a valid email address and a password, which shall be utilized for logging onto the Site. Members are not permitted to share their individual login information with others. B2i has the right to suspend or terminate Customer’s access to and use of the Site and Services, in whole or in part, for any reason or no reason in B2i’s sole discretion, including but not limited toCustomer’s failure to abide by these Terms of Service or abuse of its rights related to the Site or Services.
B2i utilizes email as a vital and primary communication channel with its customers. As a registered user, Customer hereby acknowledges and grants B2i permission to communicate with Customer via email (as well as other communication channels such as phone and fax) for any purposes B2i determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing purposes. B2i will use reasonable efforts to honor your request to opt out of marketing messages. By becoming a member, you acknowledge and agree that B2i may record telephone and other electronic communications it has with you for B2i’s internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
If Customer purchases a membership subscription, Customer may have access to certain Services that allow Customer to list and advertise properties on the Site. Customer agrees not to submit any property descriptions, photographs, financial or contact information, or other information or content to B2i unless the Customer has received all necessary rights and authorizations, including without limitation from the photographer and/or copyright owner of any photographs, to publish such content and advertise the property on the Customer’s website and on the Site. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Site. The Company may, in its sole discretion but without any obligation to search for such, remove properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customer if Customer is alleged to have submitted properties or other information in violation of these Terms of Service. The Company may, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates these Terms of Service. Customer agrees to maintain accurate contact information (specifically, a valid phone number, physical mailing address and email address) in order to submit and maintain active property listings on the Site. Additionally, the Customer agrees to allow submitted property listing(s), or any part thereof, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website, the Site and other B2i partner websites. The Company shall have the sole authority to choose the manner in which any property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and Company shall have the right to modify the property listing in the exercise of its rights under these Terms of Service. The Customer (i) represent and warrant that all properties and associated information provided by the Customer will be accurate; (ii) agrees that the Customer will not permit the posting of a property on the Site under a name other than the named licensed storage/self storage agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; and (iii) agrees to administer the properties provided by the Customer and maintain their accuracy at all times. The Company reserves the right, in a manner consistent with reasonable commercial business practices, to remove all or any part of the properties on the Site. The Company accepts no responsibility for checking the accuracy of reports, data files or other information or content submitted by Site users. Customer is solely responsible for retaining back-up copies of all information, photographs, and other materials it provides to B2i. B2i may add digital watermarks to certain parts of your property listings, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
Use of Information and Services
Customer agrees to treat all information obtained from the Services, including property listings, member directory information and any other information otherwise made available to Customer on the Site or through the Services (individually and collectively, the “Content”) as proprietary to B2i. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of B2i. B2i does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the active property listings on the Site and/or otherwise through the Services solely to obtain initial information from which further evaluation and investigation may commence.
Customer shall limit access to and use of active property listings to its personal and internal use, and shall not use any information obtained from the Site or Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use the Site or Services in any other manner for or in connection with any other listing/directory or device, or use or reproduce any Content that is obtained from the Site or that is otherwise made available to Customer through the Services for or in connection with any other listing/directory service or device. Customer shall not use the Site or Services as part of any effort to compete with B2i, including without limitation using the Site or Services to provide, alone or in combination with any other product or service, (i) any database services to any third party, or (ii) to cause a reduction or loss from an existing or potential B2i customer. You shall not use any robot, spider or other automated process to monitor, data mine or copy the Site or Services or information or use the Site or Services in an unlawful manner. If You violate these terms, specifically by searching the Site or Service in an abusive or excessive manner, by automated or manual means, You will be subject to immediate termination of your membership and will be assessed an excessive use fee of $500. Such fee shall be in addition to all other remedies available to B2iat law or in equity.
Members are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. B2i is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password(s) and/or failure to comply with the terms and conditions set forth in these Terms of Service that relate to confidentiality of login information or password(s).
The current advertised rates for the Services are set forth in the Pricing Schedule attached hereto as Exhibit “B”.Customer agrees to pay for all Services, products, information, and deliverables (collectively, “Products”)ordered through the Site or via the B2i sales team using the payment method required and provided by Customer, and provides B2i express authorization to charge said fees to the Customer’s payment method on file at the time of purchase or renewal. Fees owed depend on the specific type and quantity of Products ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Products. Any attorneys’ fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, B2i may immediately cease to provide any and all Products to Customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period.
Subscriptions will automatically renew and applicable fees will be charged to the Customer’s current credit card on file with B2iunless Customer cancels his/her subscription on the Site at least three (3) days prior to the subscription renewal date. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email address on record with B2i. If Customer has a question about a cancellation, Customer should contact B2i Client Services at [email protected] or at 402-932-9990. B2i reserves the right to change its fees or billing methods at any time. B2i will provide timely notice to the affected Customer of any such changes. No partial month refunds will be provided.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online within the “B2i Member’s Area” section of the Site. B2i does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify B2i about any billing problems or discrepancies within 90 days after charges first appear on their account statement. If a problem or discrepancy is not brought to B2i’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
www.NYselfstorage.com offers one (1) distinct membership subscriptions to its active storage/self storage property listing/directory: (i) a standard subscription for those Customers for those Customers listing available properties, which requires online reservation capability, real time inventory, use of the B2i Reservation Call Center (“Standard Membership”).
A Customer who purchases a Standard Membership is a “Standard User”. Standard Membership privileges are granted specifically to the subscribing Standard User only. Standard Membership privileges are subject to change from time to time and may be subject to limitations. Standard Membership subscriptions continue to renew at the applicable prevailing rate regardless of activity on the Site.
Single Term Purchases
Customer acknowledges that fees paid for each single term are specific to the Product purchased, are non-refundable, and may not be applied to another single term Product or subscription purchase.
Unsolicited Commercial Email (Spam)
B2i prohibits the use of the Services to generate or send unsolicited commercial email (“Spam”). Customers may not use any email services that B2i offers to send Spam or otherwise transmit content that would violate these Terms of Service.
Intellectual Property Ownership
B2i retains all rights (including Intellectual Property Rights, as defined below), title and interest in the Site, Services and all underlying technology, Content and data, including any enhancements and improvements thereto as a result of providing the Products hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of B2i’s technology or delete or alter author attributes or copyright, trademark, or other proprietary rights notices from materials available on or through the Service. Customer will not: (i) modify copies of any materials available on the Site or otherwise through the Services; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (iii) reproduce, sell or exploit for any commercial purposes any part of the Site or Servicesor materials obtained therefrom.
“Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, and synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
B2 Interactive, LLC, its network of Self Storage Websites including USstoragesearch.com, Storage.com, StorageUnit.com and other self-storage related websites (B2i) and each of their logos,and all related names, logos, product and service names, designs and slogans are trademarks and service marks of B2ior its affiliates, subsidiaries, or licensors. Customermay not use such marks without the prior written permission of B2i. All other names, brands and marks are used for identification purposes only and are the trademarks and service marks of their respective owners.
Limitation of Liability and Indemnification
IN NO EVENT SHALL B2I, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THESE TERMS OF SERVICE AND/OR ANY USE OF OR INABILITY TO USE THE SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, , LOSS OF DATA OR USE THEREOF, BUGS, COMPUTER VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR THE SERVICES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SITE OR THE SERVICES, OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN INFORMATION AND/OR PASSWORD(S) SECURE AND CONFIDENTIAL) WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer’s exclusive remedy, and B2i’s entire liability under these Terms of Service, shall be a refund to Customer the fees paid to B2i by Customer hereunder, and in no event will B2i’s liability for any reason exceed such fee.
B2i, its affiliates and subsidiaries, and their respective officers, directors, employees and agents shall not be liable for any damages whatsoever arising from Customer’s use of the Site, Services or other Products, and Customer shall indemnify B2i, its affiliates and subsidiaries, and their respective officers, directors, employees and agents and hold each of them harmless from and against any and all costs, damages or losses incurred by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Site, Services or other Products. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE SITE, LISTINGS, SERVICES, RECENT SALES INFORMATION, B2I MARKET REPORTS, AND OTHER INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. B2I MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE, LISTINGS, SERVICES, RECENTSALES INFORMATION, B2I MARKET REPORTS OR OTHER INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND B2I SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. B2I MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO B2I’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE SITE, INCLUDING LISTINGS, RECENT SALES INFORMATION AND B2I MARKET REPORTS IS ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM B2I OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
Links to Third Party Sites
The Site may contain hyperlinks to other websites operated by parties other than B2i which are beyond B2i’s control, including without limitation links from advertisers, sponsors, and content partners that may use B2i’s logo(s) as part of a co-branding relationship. B2i does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. B2i does not assume any liability for the actions, products or services, or content of any of linked websites or any other third parties. If Customer decides to access any of the third party websites linked to the Site, Customer does so entirely at its own risk and subject to the terms and conditions of use and other policies for such websites.
Other Rights of B2i
Customer agrees that B2i shall have the right to use listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such listing on the Internet for unrestricted use by B2i’s other customers and partners. B2i shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a listing or refuse services to anyone at any time in its sole discretion. B2i shall have no obligation to (i) resolve disputes among users of the Site and/or Services; or (ii) monitor or verify the accuracy or proper use of the listings or other content available on the Site or otherwise through the Services.
B2i reserves the right to modify or change these Terms of Service at any time. A current copy of these Terms and Service are posted and available for review on the Site. When we amend the Terms of Service, we shall make reasonable efforts to provide you with general, not specific, notice of such changes by posting a conspicuous announcement on the Site that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Customer’s continued use of the Site and/or Services following the posting of such amendment will signify and be deemed Customer’s assent to and acceptance of the revised terms. Customer agrees that Customer has the burden to review the Site periodically to inform itself of any such changes.
If you believe that your work has been copied onto the Site in a way that constitutes copyright infringement, please provide B2i’s copyright agent designated herein the written information specified below. Please note that this procedure is exclusively for notifying B2i that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, with identifying information for the listing, if applicable;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Address for B2i’s copyright agent:
4219 South 143rd Circle
Omaha, NE 68137
Attn: Bill Hipsher
Email: [email protected]
We may forward any notice(s) of alleged infringement pursuant to this section to the person(s) who provided the allegedly infringing content. Please be aware that if you knowingly materially misrepresent that content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
Governing Law and Dispute Resolution
This Agreement, and the Products provided by B2i, shall be governed by the laws of the State of Nebraska, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Douglas County, Nebraska for the adjudication of any disputes or claims arising out of and/or related to this Agreement. You agree to indemnify B2i for all of its costs and reasonable attorneys’ fees incurred as a result of any action, suit, proceeding or claim brought by you or B2i in which B2i is found to be the prevailing party.
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE.
These Terms of Service shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under these Terms of Service or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of B2i, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of B2i to exercise or enforce a legal right or remedy contained in these Terms of Service does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of these Terms of Service is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms of Service to be invalid or unenforceable, such provision shall be severed from these Terms of Service and the remaining terms and provisions shall remain in full force and effect.
All notices to Company must be in writing and must be sent by registered mail, certified mail, or overnight mail, return receipt requested and postage prepaid, to the following address:
4219 South 143rd Circle
Omaha, NE 68137
Attn: Bill Hipsher
DISCLOSURE THAT ALL MEMBERS PARTICIPATE IN THE STORAGE SYNDICATION PROGRAM
B2i has entered into agreements with many partner websites who will display B2i search results for storage, including the listings of members participating in the Storage Syndication Program. Visitors to the partner sites will have the ability to search for storage, compare facilities and rent storage from B2i members participating in this Storage Syndication Program without ever leaving the partner site. Participating members will have the opportunity to have their facilities viewed by millions of unique visitors every month and will have multiple venues where they can rent their self-storage units on-line.
In addition to the terms and conditions set forth above, each member participating in the Storage Syndication Program accepts and is bound by the following terms and conditions:
Member agrees to provide information necessary to reserve storage units:
- The member will enter into a separate software integration agreement allowing B2i to access unit inventory, prices, sizes and amenities from the member’s property management software via an application programming interface (“API”).
- In the event B2i does not have the ability to integrate with the member’s property management software, the member will agree to update unit inventory, prices, sizes and amenities through the “Member Services” section of the Siteno less than once every five (5) business days.
- B2i shall make itself open to fully integrate with each property management software program. For software programs with which B2i does not integrate, we encourage our members to contact their property management software provider to request this service be provided to B2i.
Member agrees to the following fees:
- There is no monthly, annual or other subscription fee to participate in the Storage Syndication Program.
- There are no set-up fees to participate in the Storage Syndication Program, however any fees charged by property management systems for integration with B2i shall be the responsibility of USER.
You will not hold B2i responsible for other users’ content, actions, inactions or properties they list as part of the Storage Syndication Program. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety, or legality of properties advertised, the truth or accuracy of users’ content or listings, the ability of landlords to lease properties, the ability of tenants to pay, or that a landlord or tenant will actually complete a transaction or return an item.
We do not create a lease between landlord and tenant, and nothing in this agreement shall modify the governing provisions of Uniform Commercial Code, unless the landlord and the tenant agree otherwise.
B2 iNTERACTIVE, LLC SELF STORAGE NETWORK INCLUDING WWW.NYSELFSTORAGE.COM
Listing Policy & Guidelines
General Terms and Conditions
Please familiarize yourself with B2i’s Listing Policies and Guidelines (the “Listing Policies”) prior to entering a property listing on the Site. All listings are subject to the Listing Policies.
All listings entered on Site may be subject to review by B2i company personnel (“Listing Review”) prior to becoming available for full viewing online. B2i reserves the right, but not the obligation, to review any listing entered by Customer on B2i. Although Customer’s listings may be subject to Listing Review, Customer remains solely responsible for abiding by the Listing Policies and B2i’s Terms of Service. The Listing Policies prohibit Customer from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates B2i’s Terms of Service. By entering listings on the Site, Customer warrants and represents that Customer owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Customer to provide, post, upload, input or submit such content. Customer acknowledges that B2i cannot police or control all of the content provided by Customer(s) that is made available on the Site.
Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on B2i until the issue in question has been addressed. When conducting Listing Review, new listings added to B2i are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the Customer about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the Customer receives notice from Listing Review, the Customer will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Customer to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the Site. However, if the Customer fails to respond to the communication from Listing Review, B2i in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.
All fields noted as “Required” on the “Add Property” page of the Site must be completed with valid data pertaining to the property being listed (“Required Fields”). Property listings where data is missing or data entered in the Required Fields will be removed from the Site until valid content is entered in the Required Fields.
All address fields on B2i (including address, city, state and zip code) are Required Fields. These fields are intended for listing the physical address or intersection of the property being listed. These fields are not for the listing of additional information about the property (see Property Description). Entering “Confidential”, “Call Broker”, “Withheld”, or any other verbiage designed to withhold, hide, and/or conceal the physical address in the address or city fields is strictly prohibited. B2i reserves the right to remove any and all property listings with non-address related or invalid information in any address-specific field with or without contacting the listing broker.
The property description field is for the description of that property only. The posting of contact name, phone number, fax number, company information or URL links for any contacts (including those who are not B2i members) is strictly prohibited in this field. This type of information in the property description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in B2i’s removal of all of such Customer’s active listings on the Site until all such content has been appropriately rectified.
Properties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited (see Duplicate Property Listings). B2i reserves the right to change or remove property types deemed to be misleading.
Property Management Software Integration
Customers participating in any online rental program or listing syndication program (such as the Storage Syndication Program) will agree to enter into separate software integration agreement allowing B2i to directly integrate with the Customer’s property management software via an API for the purposes of obtaining unit pricing, availability and amenities. Customer shall provide B2i with login information and password(s) where necessary to complete and maintain the software integration.
Unit Price, Inventory and Amenities
In the event that Customer does not have a property management software program that B2i can integrate with via API or does not use a property management software program, Customer shall update their unit prices, inventories and amenities no less than once every seven (7) days. Customers can input and update unit prices, inventories and amenities in the “Member Services” section of the Site.
In order to maximize the features of the Services, Customer should note certain parameters in the listing process.
Types of Listed Property
The Site is a website for storage/self storage. Listing of any other type of real estate is prohibited on the Site. Any listing deemed to be a non-storage/self storage property will be removed from the Site and an email will be sent to the Customer stating that the property has been removed and no refund of fees paid will be made by B2i.
Duplicate Property Listings
B2i prohibits the listing of a single property more than once on the Site at the same time. A duplicate is defined as the same physical property listed under more than one property ID. B2i reserves the right to remove any and all properties that are determined to be duplicates with or without contacting the Customer.
Listing Quantity, Submission, and Display
Customers may list an unlimited number of listings on the Site, provided that all listings are in accordance with B2i’s Terms of Service.
Use of Photographs
Building photographs posted, attached, or affixed to listings must be actual photographs of the building being listed. All such photographs must be either (i) the property of the listing broker, or (ii) the listing broker must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Customer’s website or on the Site for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of B2i.
Customers are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the Site.
Listings on the Site are for properties that currently offer storage for lease. Customer is not permitted to post listings on the Site for marketing or advertising purposes (“Billboard Listings”). All listings B2i deems Billboard Listings will be removed at B2i’s sole discretion.
B2i may offer the ability to search for properties on key words to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the property name, property description, location description or property highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review. Habitual abuse of this policy by a Customer may, at the sole discretion of B2i, lead to the removal of all of that Customer’s active listings from the Site and suspension of that Customer’s ability to list properties on the Site or otherwise use the Services.
Use of profanity or vulgar language in any section of a listing or otherwise on the Site is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Site immediately. Customers posting such language to the Site may be subject to disciplinary action, including termination of a Customer’s account, temporary suspension or a formal warning.
The effective date of this Listing Policy & Guidelines is: August 27, 2014