Agreement between User and SpareFoot, Inc.
This website or portion of it pertaining to self-storage (the "Website"), is operated by SpareFoot Inc., a Delaware Corporation. The Website is provided as part of a free service (including the Website, the “Service”) designed to assist users in determining the availability of self-storage units (“Units”) and initiating reservations for specific Units or other third-party services available via the Service (“Reservations”).
The term "you" refers to the user visiting the Website and/or making Reservations through the Website or via the telephone related features of the Service.
The Services is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website or other elements of the Service, you agree to be bound by the Agreement. To the extent you initiate Reservations on this Website or by telephone, you acknowledge that this Agreement shall apply to all such transactions. We reserve the right to change or otherwise modify the Agreement without prior notice at any time, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Use of the Service
As a condition of your use of the Service, you warrant that:
- you will use the Service in accordance with this Agreement;
- you possess the legal authority to create a binding legal obligation;
- you will only use the Service to initiate legitimate Reservations for you or for another person or company for whom you are legally authorized to act;
- all information supplied by you via the Service is true, accurate, current and complete; and
- you are at least 18 years of age.
We retain the right to deny access to the Service and decline Reservations, at any time and for any reason.
Calls May Be Recorded
The content and information on this Website is proprietary to us and/or our partners and providers. While you may make copies of your Reservation information, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use the Service (including this Website or its contents) for any commercial purpose other than making Reservations for yourself or on behalf of your company;
- access, monitor or copy any content or information of this Website using automated means or bulk manual processing for any purpose without our express written permission;
- make any speculative, false, or fraudulent Reservation;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that, in our discretion, imposes an unreasonable or disproportionately large load on our infrastructure;
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
SpareFoot's role in the rental of storage spaces is limited to publishing advertising provided by lessors and communicating your requests for reservations to storage operators. SpareFoot is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties. SpareFoot does not purport to broker transactions, even though SpareFoot may be licensed as a real estate broker in one or more states. SpareFoot does not counsel lessors or lessees, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the Service. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between SpareFoot and any lessee of a storage space. SpareFoot makes no representations about properties advertised on this Website, about the lessors of such properties, or about the accuracy of information provided by such lessors. Prospective lessees are advised to perform all due diligence before entering into a contract to rent or lease storage space.
SpareFoot is not involved in any lease transaction pertaining to a Unit, and any such transaction is solely between you and the Lessor. SpareFoot has no control over and does not guarantee the quality, safety or legality of spaces advertised, the truth or accuracy of listings, the ability of Lessors to lease the storage space, or that a Lessor will actually complete a transaction.
THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability
IN NO EVENT SHALL SPAREFOOT (AND/OR ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER SUCH DAMAGE ARISES, WHETHER IN ACTION OR INACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE OR MATERIALS AVAILABLE FROM THIS WEBSITE, EVEN IF SPAREFOOT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
When accessing the Website, you agree not to upload, display, perform, transmit or otherwise distribute any content that
- is libelous, defamatory, obscene, pornographic, abusive or threatening;
- encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or
- advertises or otherwise solicits funds, goods, or services.
SpareFoot will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. SpareFoot reserves the right to remove any content from the site at any time, for any reason.
Links to Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than SpareFoot. Such hyperlinks are provided for your reference only. In addition, the content and functionality of the Service may be embedded within another website operated by third party. We do not control such websites and are not responsible for their contents or the privacy practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites, or embedding of SpareFoot content within another website, does not imply any endorsement of the material on such websites or any association with their operators.
THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
Information We Collect From You
In General, we receive and store any information you provide via our Website, telephone, or give us in any other way. This includes information that can identify you ("personal information"), including but not limited to your first and last name, telephone number, postal address, and email address. You can choose not to provide information to us, but in general some information about you is required in order for you to make reservations or initiate other transactions on our site.
We also record the phone calls made in connection with the Service, including when you call us or when the automated dialing features of the Service call you to try to connect you with the applicable Lessor.
We also may periodically obtain both personal and non-personal information about you from affiliated entities, business partners and other independent third-party sources and add it to our account information. Examples of information we may receive include updated postal address information and demographic information.
We automatically collect some information about your computer when you visit this website. For example, we will collect your IP address, Web browser software details, and the address of any referring website. We may also collect information about your online activity, such as pages viewed and reservations made.
How We Use Your Information
We want to make it easy for you to take advantage of the services on our website. One way we do this is by sending you email messages that contain information about your apparent interests. For example, if you search for self-storage in New York on our Website but have not made a reservation, we may send you an email message about available storage in that area. We believe these email messages will provide you with useful information about storage related special offers available through our site. Please note that you will have the opportunity to choose not to receive these email messages in any such email we send.
How We Share Your Information
We share your information with our partners as they need it to fulfill services you have requested via the Website, and we restrict their use of this information to that purpose. Please note that our partners may contact you as necessary to obtain additional information about you, facilitate any reservations, or respond to a review you may submit.
Third-parties who provide services or functions on our behalf may include business analytics companies, customer service vendors, communications service vendors, credit card processors, marketing vendors, and fraud prevention vendors. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our Website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
- We also may share your information:
- In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
- In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, we will attempt to notify you when personal information about you will be shared with third parties.
Personal Information You Post in Public Areas
When you post a message in a SpareFoot forum, chat room, review, or customer feedback, the information you post is accessible to the public. If you post personal information anywhere on the Website that is accessible to the public, you are advised that such personally identifiable information can be read, collected, used or disseminated by others and could be used to send you unsolicited information or otherwise. Accordingly, you assume full responsibility for posting such information and agree that SpareFoot is not responsible in any way for personally identifiable information you choose to post in these public areas.
Disclaimer Regarding International Use
SpareFoot makes no claim that its Website is appropriate or lawful for use or access outside the United States. Furthermore, our databases are located in the United States. If you access the Website from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. By sending us your data, you consent to its transfer to and storage within the United States.
How Can You Access and Update Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing firstname.lastname@example.org.
Your California Privacy Rights
California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please e-mail us or write to us as described below.
How to Contact Us
You can e-mail us at email@example.com or write to us at SpareFoot, Inc., Attn: Privacy Dept., 720 Brazos St, Suite 300, Austin, TX 78701.