Last updated October 3, 2023
Please read these terms and conditions carefully before using this Site. The term “you” shall mean you, your employees, agents and contractors and any other entity on whose behalf you accept the terms of this Agreement (collectively, “you”). By accessing the Site in any way or using any content or services provided through the Site, you agree to and are bound by this Agreement. If you are using the Site on behalf of your employer, you represent and warrant that you are authorized to accept these terms on your employer’s behalf, and your employer agrees to indemnify you and SES for violations of this Agreement. If you do not agree to all of these terms, do not use the Site in any manner.
Your Conduct and Use of the Site:
You agree that you will not use any content or services provided through the Site for any purpose that is unlawful, contrary to this Agreement, or in any way that could damage or impair the Site. You may not attempt to gain unauthorized access to any of the Site’s accounts, computer systems, or networks. You agree to only send messages and materials that are lawful and relevant to the Site.
As a Site user or customer (collectively, “Customer”), you will represent yourself accurately and truthfully at all times. You grant to us the right to independently verify any information that you send to us through the Site about yourself, although we do not routinely undertake any verification.
Links to or from other Internet sites may be included at times as a convenience to the user. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party, website, or products or services provided by any third party, and we take no responsibility for them.
Disclaimer of Warranties:
All content and services, including, without limitation, trademarks, and any software is provided “as is” and without warranties or representations of any kind, either expressed or implied. To the fullest extent permissible under applicable law, SES and its agents and all predecessors, successors, and assigns disclaim all warranties and representations, expressed or implied, relating to any content and services available on the Site, including but not limited to any warranties and representations of noninfringement of third party intellectual property rights, title, merchantability, fitness for a particular purpose, quiet enjoyment, system integration, or data accuracy. We do not warrant or represent that any content of the Site (including any software) or any data on the Site or any services is accurate, error-free, complete, or current, that use of such content, data, or services will be uninterrupted, that defects will be corrected, or that the Site, its content, data, or services and the servers on which the Site, content, and services are available, are free of viruses or other harmful components. Moreover, we disclaim any obligation to maintain the Site or keep it operational. Applicable law may not allow the exclusion of certain warranties, so these exclusions may not apply to you in whole or in part. You assume the sole risk of making use of the Site and the content and services it provides. The parties to this Agreement acknowledge and agree that the limitations provided herein apply notwithstanding any failure of essential purpose of any limited remedy.
Limitation of Liability:
Under no circumstances will SES or its subsidiaries, affiliates, officers, managers, members, agents, licensors, employees, predecessors, successors, or assigns (collectively, the “SES Parties”) be liable to you for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Site or services; (b) the use or the inability to use any other website to which this Site is linked; (c) the content of this Site or other websites to which this Site is linked; (d) any viruses or harmful components derived from this Site or any other website to which this Site is linked; (e) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Site or service; (f) unauthorized access to or alteration of your transmissions or data; (g) statements or conduct of any third party on the Site or services; or (h) any other matter relating to the Site or service. Under no circumstances will the total liability of the SES Parties to you or any other person or entity in connection with the foregoing exceed the price paid by you during the preceding year for use of the Site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of the SES Parties shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of the terms of this Agreement, or feel we have breached the terms of this Agreement, your sole remedy is to discontinue using the Site.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Indiana, without regard to any conflict-of-law rules. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to arbitrate. The parties shall evenly split all filing, administration, and arbitrator fees associated with the arbitration. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this Agreement to arbitrate is invalid or unenforceable, the other parts of this Agreement to arbitrate shall still apply.
Except as otherwise expressly provided in this Agreement, we may provide notice to you via email, regular mail, or posting notices or links to notices on the Site.
We reserve the right at any time to modify, suspend, or terminate the Site (or any part thereof), with or without notice. We will not be liable to you or to any third party for any modification, suspension, or termination of all or any portion of the Site, or loss of related information. We reserve the right in our sole discretion to terminate or restrict your access to and use of the Site, or any part of the Site, without notice, for any or no reason, and without liability to you or any third party. The portions of this Agreement relating to Disclaimer of Warranties, Limitation of Liability, Choice of Law and Venue, Intellectual Property Rights, and all terms of this Agreement which by their nature should survive, shall survive the termination or expiration of this Agreement.
You may not assign or otherwise transfer this Agreement or any right granted hereunder. We may transfer our rights and obligations under this Agreement to another organization, but this will not affect your rights or your obligations under this Agreement. You agree that there shall be no third party beneficiaries to this Agreement. You agree that any material breach of this Agreement will result in irreparable harm to us for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, we will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if we seek such an injunction.
Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of this Agreement will remain in full force and effect.
Our performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, arbitral, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
A printed version of this Agreement and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Intellectual Property Rights:
The Site is owned by us and is protected by United States intellectual property laws (including trademark or copyright laws) and international treaty provisions. All content, including but not limited to images, information, products, services, documentation, software, trademarks, service marks, trade names, logos, and icons used by us or featured on the Site are proprietary to us or our licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, logo, or trade name (collectively, “Trademarks”) displayed or featured on the Site without our prior written permission. Your use of the Trademarks displayed on the Site, except as provided herein and in the Trademark Usage Guidelines, is strictly prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, except as provided herein or with our prior written permission. The Site may include the product and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners.
Use of Our Trademarks
Our Trademarks should only be used to refer to our services, and only in a manner that is true, accurate, not misleading and fair.
Our company logo and its trade dress should not be used without our express written authorization. Likewise, our trademarks and service marks should not be used in their stylized form without our express written authorization; they should be used only in standard text with initial caps or all caps.
Our Trademarks should be presented in a manner that makes them stand out from the text around them, such as in initial caps or all caps. Use an appropriate trademark symbol and/or trademark acknowledgement of our ownership of the Trademarks. Use ™ (for “trademark”) or SM (for “service mark”) for unregistered marks or ® for registered marks, and/or use the following form of acknowledgement: “Steve’s Elite Storage and the company logo are trademarks of Steve’s Elite Storage.”
Do not use our Trademark as a noun, in a plural form, or in a possessive form. Our Trademark should not be used in a generic or descriptive fashion. A Trademark should be used as an adjective, followed by the appropriate noun, such as: “Steve’s Elite Storage’s products and services help you store your property.”
Do not incorporate our Trademarks into marks of other companies, organizations or individuals, do not modify the Trademarks in any manner, and do not join the Trademarks together to other words, names, symbols, numbers or phrases. The Trademarks should not be translated into another language.