StorageUnitAuctionList.com
Terms of Use and License Agreement

1. READ THIS: This Terms of Use and License Agreement (the "Agreement") is made by and between Storage Unit Auction List, LLC ("SUAL"), a North Carolina limited liability company with offices in Asheville, NC, and you the user ("you" or the "Customer").

Use of SUAL's website(s) ("website" or "websites" or "site") and any service or Information provided through this website is governed by the terms and conditions described below. By selecting the radio button next to "Terms and Conditions" or by accessing, visiting, browsing, using or attempting to interact with or use any part of this website, or other SUAL services, websites, or content, you agree that you have read, understood and agree to be bound by this Agreement.

If you do not agree to be bound by this Agreement, do not access or use any part of this website. SUAL reserves the right to change or modify this Agreement at any time without notice. Continued use of any part of this website constitutes your acceptance of such changes.

The most current version of this Agreement, which supersedes all previous versions, can be reviewed by going to https://www.storageunitauctionlist.com/terms_conditions.html.

SUAL agrees to provide Customer with services and Information restricted only to those persons who have assented to the terms of this Agreement ("Customers").

2. License.

A. Rights Granted: Subject to the terms and conditions of this Agreement (including Customer's obligation to pay for Information access), SUAL grants to Customer a non-exclusive, non-transferable license to use Information and services solely for Customer's internal business or individual purposes. Customer covenants that the Information shall be made available on SUAL's website in such a manner that Customer will be unable to download the Information in its entirety, and displayed in such a manner that any viewer shall reasonably perceive the Information as part of SUAL's website. Any rights not expressly granted herein are reserved by SUAL and are not granted to Customer. SUAL does not grant to Customer any right to publish, display or use the Information by any means, method or media now known or hereafter to become known, other than as expressly granted above. SUAL also does not grant to Customer any right to modify, copy, create derivative works, license or sublicense the Information in whole or in part. The Information may not be incorporated into a permanent database for any purpose. No other copying, redistribution or use is permitted either for commercial or personal use. Customer may not take any information on SUAL and resell, relist or cross compare data without written notice from SUAL. Customer shall not disassemble, decompile or manipulate Information and shall take all necessary steps to prevent such disassembly, decompiling or manipulation of the Information. Customer will take all reasonable steps, in accordance with the best industry practices, to protect the security of the Information and to prevent unauthorized use or disclosure. Customer acknowledges that the Information is the proprietary property and has been furnished to the Customer in trust, and is a valuable commercial product, the development of which has involved an expenditure of substantial time and money. Customer agrees both during and after the term of this Agreement not to disclose, use, disseminate, reproduce or publish any portion of the Information in any manner other than as stated herein.

B. Intellectual Property Rights: The parties expressly recognize and agree that SUAL is the sole author and owner of the Information and services and attendant intellectual property rights. The parties also expressly recognize and agree that the Information and services are not a "work made for hire", that SUAL is an independent entity, and that SUAL is not an employee, partner, joint author or joint venture of Customer. Customer expressly agrees not to contest the validity, or SUAL's ownership, of the Information and services and attendant intellectual property rights.

3. Use Restrictions.

A. Legal Compliance: In no event shall Customer use the Information for illegal purposes or to violate any federal, state or local statute, law or regulation. SUAL makes no representations or warranties about the legality or propriety of the use of the Information in any jurisdiction, state or region. Customer shall not use Information or make Information available for any purposes unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable in any manner, or to embarrass any individual. Customer may not use Information to impersonate any person or entity, or for the manipulation or misrepresentation of data.

B. Consumer Privacy: Customer agrees: (a) Customer will not use for solicitation any consumer information (including any name, mailing address or telephone number) provided by SUAL designated within the SUAL service as requesting protection from solicitation; (b) Customer will abide by all prevailing federal, state, and local laws and regulations governing fair information practices and consumers' rights to privacy; and (c) Customer will limit access to consumer information to those individuals who have a "need to know" in connection with Customer's business and will obligate those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices.

C. Restrictions on Assignment: Information shall not be provided or resold to any other person or entity without the prior written consent of SUAL. Additionally, Customer agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service (including any SUAL User ID or password), use of the service, or access to the service. Customer may not assign this Agreement or its rights hereunder, including use of Customer's User ID and password, in whole or in part, without prior written consent of SUAL. These Terms and Conditions will ensure to the benefit of, and will be binding on, the parties and their respective successors and permitted assigns. Unless otherwise agreed with SUAL in writing, Customer's user ID and password is for the sole use of the individual Customer.

D. Customer's Representations: Customer hereby represents that he or she is an individual of legal age to form a binding contract and is not barred from receiving services under the laws of the United States or other applicable jurisdiction. Customer agrees to: (a) provide true, accurate, current and complete information about Customer as prompted by SUAL's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If Customer provides any information that is untrue, inaccurate, not current or incomplete, or SUAL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SUAL has the right to suspend or terminate Customer's account and refuse any and all current or future use of the service (or any portion thereof). No prorates will be accepted during billing cycles, you prepay either by the month or the year. If you cancel, the account will remain active until the end of the billing cycle.

4. Privacy Policy; Permitted Disclosure of Customer Data.

A. General Privacy and Security Rules. Through use of Information and services, Customer consents to the collection and use of Customer Data (including all searches performed by Customer), including the transfer of this information to the United States and/or other countries for storage, processing and use by SUAL and its affiliates. Customer must have a password and user ID to access services and Information. Customer is responsible for creating and maintaining the confidentiality of Customer's password and user ID and is fully responsible for all activities that occur under Customer's password or account. Customer agrees to (a) immediately notify SUAL of any unauthorized use of Customer's password or account or any other breach of security, and (b) ensure that Customer exits from Customer's account at the end of each session. SUAL cannot and will not be liable for any loss or damage arising from Customer's failure to comply with this condition. Customer's account will be suspended after five (5) unsuccessful login attempts. Upon reinstatement of Customer's account, Customer will be required to change the password upon the next secure login.

B. Misuse by Customer: In the event that SUAL suspects that its Information or services have been misused in any way, including but not exclusive to any violation of Section 3 of these Terms and Conditions, Customer hereby expressly consents and grants SUAL 1) the right (but not the obligation) to access and preserve any and all Customer Data; 2) the right (but not the obligation) to contact necessary law enforcement agencies as appropriate and when required by law; and 3) the right (but not the obligation) to disclose Customer Data as necessary (i) to assist any investigation by law enforcement agencies, (ii) to secure legal advice, and (iii) to establish a claim or defense to any criminal charge or civil claim involving SUAL. All searches performed by Customer are tracked, and upon use of the services offered by SUAL, Customer consents to the provision of information (including search key data) to any necessary and appropriate entities as described above. SUAL reserves the right to cancel or deny service to any Customer that it deems is inappropriately using its services.

5. Limitations.

The Information reports made available by SUAL are based upon data collected and researched from both public and private record sources. THE ACCURACY OF THE METHODOLOGY USED TO DEVELOP THE REPORTS, THE EXISTENCE OF THE SUBJECT, AND THE ACCURACY OF INFORMATION, ARE BASED ON AVAILABLE DATA AND ARE NOT GUARANTEED OR WARRANTED, NOR IS THE COMPLETENESS OF ANY SUCH DATA.

6. Disclaimer of Warranties.

Customer assumes all risk associated with the use of Information and Services. INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SUAL DISCLAIMS ALL REPRESENTATIONS AMD WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, non-infringement, title, accuracy, quality, privacy, effort to achieve purpose, marketability, profitability, suitability, and/or any type arising from course of performance, course of dealing or usage of trade. Customer agrees that any efforts by sual to modify its compilation shall not be deemed a waiver of these limitations, and that any warranties shall not be deemed to have failed of their essential purpose. Customer hereby waives any right to revoke acceptance of the information and services. SUAL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE INFORMATION OR ANY OTHER CLAIMS, WHETHER SUCH ERRORS, OMISSIONS, OR CLAIMS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE.

7. Limitation of Liability; Indemnification.

A. Limitation of Liability: SUAL'S TOTAL LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO SUAL. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. Under no circumstances will SUAL's total aggregate liability to Customer exceed the fees paid by Customer to SUAL. SUAL SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, including lost profit or lost savings, EVEN IF SUAL IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

B. Indemnity: Customer agrees to defend, indemnify and hold SUAL and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim, suit, proceeding, loss, damage, liability or demand, including reasonable attorneys' fees, due to or arising out of information obtained or content Customer submits, posts, transmits or otherwise makes available through the service, Customer's use of the service and information, Customer's connection to the service, Customer's violation of the Agreement, or Customer's violation of any rights of another.

8. General Terms.

A. Term of Agreement. The parties agree that Customer may determine the length of the term of this Agreement on a monthly or annual basis. Customer shall indicate Customer's assent to this Agreement by allowing SUAL to charge Customer's credit card or PayPal account on a periodic basis according to the Terms of Payment. SUAL reserves the right to terminate this Agreement should Customer violate any term of this Agreement, or at SUAL's discretion at any time, and without cause. If Customer wishes to terminate this Agreement, Customer must notify SUAL by mail, by a live telephone call (though not by voicemail), by e-mail, or by an approved online cancellation form available on SUAL's website.

Customer agrees to be personally liable for all charges incurred by Customer during or through the use of this site. Customer's liability for such charges shall continue after termination of this Agreement by any party for any reason. Any provision of this Agreement which contemplates performance subsequent to the expiration or earlier termination of this Agreement shall survive such expiration or termination and shall continue in full force and effect until fully satisfied.

B. Governing Law; Binding Arbitration. This Agreement shall be construed and controlled by the laws of the State of North Carolina. Any dispute concerning the breach of the terms of this Agreement will be governed by the laws of the State of North Carolina. Any claim or controversy arising out of or related to this Agreement or the services shall be settled by binding arbitration in Asheville, North Carolina in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual bases and shall not be consolidated with a claim of any other party. The foregoing shall not preclude SUAL from seeking any injunctive relief for protection of SUAL's intellectual property rights.

C. Terms of Payment. Customer shall pay a monthly or annual fee to SUAL during the course of this Agreement, according to the Term selected by Customer on SUAL's Registration website. Payment for services and Information may be made by credit card charge and/or PayPal Transactions. Customer shall provide SUAL with a credit card or PayPal account number, as stipulated on the Registration website, to which SUAL shall bill the monthly or annual fee every month or year, as appropriate, during the course of this Agreement. Customer hereby authorizes SUAL and/or its authorized agent to transmit such payment on Customer's behalf. Unless Customer has a good reason to believe the credit card (or other approved facility) the Customer uses to purchase the Information is lost or stolen, Customer agrees not to report that credit card (or other approved facility) as lost or stolen,nor will Customer dispute any authorized charges by our authorized agent or SUAL. Customer agrees and acknowledges that if Customer fraudulently reports the credit card (or other approved facility) used to pay such fees as stolen, or if Customer fraudulently reports that an authorized charge by SUAL and/or its authorized agent is unauthorized, Customer shall be liable to SUAL's authorized agent and SUAL for liquidated damages of $25,000.00. The liability for liquidated damages specified in this paragraph shall not limit any other liability Customer may have for breach of any other terms, conditions, promises and warranties set forth in this Agreement.

SUAL or its authorized agent does offer a trial subscription to this site. In the event of a trial subscription, Customer shall receive free access to all information provided by SUAL for seven days, including the date of sign up. If Customer does not terminate this Agreement pursuant to the provisions of Paragraph A of this Section 8 during such seven day period, Customer agrees to pay a recurring monthly fee at the then-current rate for monthly services, effective at 12:01 A.M. E.S.T. on the seventh day.

SUAL reserves the right to change its rates at any time without notice. Customer agrees and acknowledges that Customer is responsible for any subscription fees, including any periodic payments, according to the then-current billing terms. All fees are considered earned upon receipt and are non-refundable whether or not termination is at Customer's request. If Customer has a question about a transaction on credit card statement, Customer should contact SUAL via mail, phone, or e-mail. Contact information is available at http://www.storageunitauctionlist.com/contact.php.

Customer agrees that Customer's submittal of payment information acts as a digital signature, equivalent to signing a credit card transaction receipt.



D. Interstate Data Transmissions: Customer acknowledges that by using SUAL services to send electronic communications (including but not limited to search queries, uploading documents, files and other Internet activities), Customer will be causing data to be sent through SUAL computer networks. As a result, and also as a consequence of SUAL combination structure and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate data regardless of where Customer is physically located at the time of transmission. Accordingly, Customer acknowledges that use of the service results in interstate data transmissions.

E. Force Majeure: SUAL shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond SUAL's reasonable control.



F. Chargebacks and Payment Reversals: All chargebacks are fully investigated for usage fraud of SUAL's data. SUAL will attempt to refuse every chargeback. Chargebacks and Payment Reversals: All chargebacks are fully investigated for usage fraud of SUAL's data. SUAL will attempt to refuse every chargeback. Any chargeback initiated by a customer that is won by Storageunitauctionlist.com, will be subject to a $30 one time Payment Recovery Fee.

G. Definitions: The term "service" as used in these Terms and Conditions shall include the web pages, data, reports, records, emails, documents, conversations, and any other information obtained through the web application or through any documentation provided by SUAL, its agents, or assignees. The term "Information" means SUAL's compilation of information concerning storage unit auctions, including auction times and contact information, as updated and modified from time to time. The term "Customer" as means any individual using any such service. The term "Customer Data" means all information and content provided by Customer and all data tracked by SUAL, including but not limited to all searches performed by Customer. The term "intellectual property rights" means all intellectual property rights worldwide arising under statutory or common law, and whether or not perfected, including, without limitation, all: patents and patent applications; rights associated with works of authorship including copyrights; copyright applications and copyright registrations; rights relating to the protection of trade secrets, know how, technology and confidential information; rights relating to the protection of databases, lists and other compilations of data; moral rights and industrial property; and divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued or acquired.

H. Severability: If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

I. Non-Waiver: Any failure by SUAL to pursue any remedy for Customer's breach or default hereunder shall not constitute a waiver of any remedies, unless such waiver is in writing.

J. Headings: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

K. List Emailing Service Fee: All accounts that are active for at least 7 days will be charged a 9.95 List Emailing Service fee to cover costs associated with our email provider SendGrid. This service fee is a once a year fee and is applicable for the life of your account during that year. Service can be opted out of at anytime, and if within the first 90 days, receive a full refund. Service sends emails bi-weekly and can be modified to be sent weekly or monthly.

THE USE OF THE INFORMATION IS SUBJECT TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

R&S 1060448-1