FIRST OF ALL, WE TRUST YOU. WE REALLY, REALLY TRUST YOU. WE WISH OUR COMMUNITY COULD ENJOY OUR WEBSITE ON NOTHING MORE THAN A VIRTUAL HANDSHAKE. OUR LAWYERS DID NOT LIKE THAT IDEA. WE ASKED THEM TO KEEP OUR AGREEMENT WITH YOU TO THE SIZE OF A POST-IT NOTE. THEY DID NOT LIKE THAT IDEA EITHER. EVEN THOUGH WE DID NOT COMPLETELY WIN THE WRESTLING MATCH WITH OUR LAWYERS, WE THINK WE HAVE KEPT THEM IN CHECK – AND HAVE AMUSED OURSELVES IN THE PROCESS. AND NOW TO THE BORING PART.
1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
OSA reserves the right at its sole discretion to modify these terms and conditions at any time. Such modifications shall become effective immediately upon posting on the OSA website. It is your responsibility to review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that:
(a) All listings, text, files, images or other materials (“Content”) posted on, transmitted through or linked from the Service are the sole responsibility of the person from whom such Content originated. If you list Content on the Service, you are entirely responsible for each individual item of Content that you post or otherwise make available via the Service, as well as for any errors or omissions in them (“Posting”).
(b) OSA does not control and is not responsible for Content made available through the Service, and that by using the Service you may be exposed to Content that is inaccurate, misleading, offensive or is otherwise objectionable.
(c) The Service and Content may contain links to other websites which are wholly independent of OSA. OSA makes no representation or warranty as to the accuracy, completeness or validity of the information contained in any such link or website. Linking by you to any other website(s) is done at your own risk.
(d) You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on such Content and that under no circumstances will OSA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.
(f) Storage lien laws vary from state to state. It is your responsibility to familiarize yourself with your state’s storage lien laws and consult with your attorney before listing your lien sale on OSA. Storage lien laws are undergoing a renaissance. In the near future, we expect to see specific changes in our storage lien laws addressing online storage auctions. Until then, we all must do our best to interpret and comply with our state laws. If, after doing your “legal homework,” you believe that having an online only lien sale does not comply with your state’s storage lien laws, you’re still in luck. You can still use our website as a supplement to your live lien sale at your storage facility. This way, you can maximize your return on delinquent units while complying with your state’s storage lien laws.
(g) Occasionally, sales will be cancelled. This is usually due to the delinquent tenant satisfying their debt to the storage facility. Sellers reserve the right to reject any and all bids and/or cancel their sale completely.
4. THIRD PARTY CONTENT
The Service and Content will contain information on lien sales and private party sales being conducted by entities and/or individuals all of whom are independent from OSA. In addition, the Service and Content may contain features and functions that may provide you with access to third party content which is wholly independent of OSA, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services and the Internet as a whole. Your interactions with entities and/or individuals found on or through the Service, including payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals. You acknowledge and agree that it is your responsibility to conduct such investigation as you feel necessary or appropriate before pursuing or engaging in any transaction with such entities and/or individuals.
You agree that OSA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants brought together by virtue of use of the Service, or between users and any third party, you understand and agree that OSA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release OSA, its officers, employees, agents, members and successors from claims, demands and damages, actual and consequential, of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute.
5. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email or otherwise make Content available:
a) That is harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy or that is prohibited by law;
b) That is pornographic or depicts a human being engaged in abusive or sexual conduct of any kind;
c) That harasses, degrades, intimidates, is hateful toward or discriminates in any fashion against an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or which violates any state or local law prohibiting discrimination on any basis;
d) That impersonates any person or entity, including but not limited to, a OSA employee or member, or falsely states or otherwise misrepresents your affiliation with a person or entity;
e) That includes personal or identifying information about another person without that person’s explicit consent;
f) That is false, misleading, deceitful or which constitutes “bait and switch”;
g) That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) That constitutes or contains any form of advertising or solicitation other than the details of an upcoming self-storage auction, except in areas specifically designated by OSA for such purpose, and then only upon such terms and conditions as may be imposed by OSA for such advertising;
i) That includes links to commercial services or websites, except as specifically allowed by OSA, and then only upon such terms and conditions as may be imposed by OSA for use of such links;
j) That lists for sale any illegal service or the sale of any materials the sale of which is prohibited or restricted by any applicable law;
k) That disrupts the normal flow of dialogue with the Service with an excessive amount of Content to the Service (commonly referred to as a “flooding attack”), or that otherwise negatively affects other users’ ability to use the Service; or
l) That employs misleading identification or otherwise manipulated identifiers in order to disguise the origin of Content.
You agree not to:
m) Contact any user of the Service who has asked not to be contacted, or make unsolicited contact with any user for any commercial purpose;
n) “Stalk” or otherwise harass any users of the Service;
o) Collect personal data about other users of the Service for commercial or unlawful purposes;
p) Use automated means, including spiders, robots, crawlers or other data aggregating tools to download data from the Service, except as expressly permitted by OSA;
q) Post irrelevant Content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Service’s infrastructure;
r) Post the same auction more than once;
s) Attempt to gain unauthorized access to OSA’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Service;
t) Use any form of automated device or computer program that enables the submission of Postings on the Service without each Posting being manually entered by its author, including without limitation, the use of any such automated Posting device to submit Postings in bulk, or for automatic submission of Postings at regular intervals.
u) Use any form of automated device or computer program that interferes with OSA’s administration of the Service, or which seeks to remove or compromise the Postings of other users in any way.
v) Post any listing if you under the age of 18. OSA will remove any posting if it is determined to have been posted by someone under the age of 18.
7. POSTING AGENTS
In order to moderate demands on OSA’s resources, you may not use a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others (commonly referred to as a “Posting Agent”) to post Content to the Service without express permission or license from OSA. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted or otherwise access the Service to facilitate posting content on behalf of others, except with the express permission from OSA.
8. NO SPAM POLICY
OSA is completely free to use. There are no buyer or seller fees. In some situations, OSA may charge a non-refundable fee to post advertisements to the Service.
10. LIMITATIONS ON SERVICE
You acknowledge that OSA may establish limits concerning use of the Service, including the maximum number of days that content will be retained by the Service, the maximum number and size of Postings, email messages or other Content that may be transmitted or stored by the Service and the frequency with which you may access the Service. You agree that OSA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that OSA reserves the right at any time to modify, suspend or discontinue all or any part of the Service with or without notice, and that OSA shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
11. ACCESS TO THE SERVICE
OSA grants you a limited, revocable, non-exclusive license to access the Service for your own personal use. This license does not include:
(a) Access to the Service by Posting Agents; or
(b) any aggregation, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data aggregating and extraction for any purpose unless expressly permitted by OSA. Except however, a limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. This limited exception does not apply, however, to any website, search engine or other service that specializes in auction or sale listings or which is in the business of providing such listing services.
OSA permits you to display on your website, or create a hyperlink on your website to the Service so long as the link does not portray OSA, its employees, members or affiliates in a false, misleading, derogatory or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by OSA immediately terminates said license or permission. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content for other purposes not stated here, including commercial purposes, you must first obtain a license from OSA.
12. TERMINATION OF SERVICE
13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the website or the collective work, and/or copying or reproducing the websites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of OSA. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of OSA, and you agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although OSA does not claim ownership of content that its users post, by posting Content to the Service you automatically grant, and you represent and warrant that, you have the right to grant to OSA an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licenses of the foregoing. By posting Content to any public area of the Service you automatically grant OSA all rights necessary to prohibit any subsequent aggregation, display, duplication, reproduction or exploitation of the Content by any party for any purpose.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OSA DISCLAIMS ANY AND ALL WARRANTIES:
• EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
• FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SERVICE.
• RESPECTING OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINK ON THE SERVICE.
• RESPECTING VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.
15. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL OSA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF OSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE THE SERVICE, FROM INABILITY TO USE THE SERVICE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINK APPEARING ON THE SERVICE, ANY ERROR OR OMISSION IN RESPECT TO CONTENT, ADVERTISING RELATED LIABILITY, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINK APPEARING ON THE SERVICE.
17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
a) If you create a Posting that impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with a person or entity or that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay VSA $1,000 for each such Posting.
b) If OSA establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay OSA $100 for each Posting in excess of such limits or for each day on which you access the Service in excess of such limits, whichever is higher.
c) If you send unsolicited email advertisements to OSA member email addresses or through OSA computer systems, you agree to pay OSA $25 for each such email.
Otherwise, you agree to pay OSA’s actual damages to the extent such actual damages can be reasonably calculated. In its sole discretion, OSA may elect to issue a warning before assessing damages.