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These Terms and Conditions of Use (the “Terms of Use”) apply to the STORAGE ASSISTED MANAGEMENT LLC (“SAM,” “we,” “our”) web site located at www.samsavespace.com, and all associated sites linked to www.samsavespace.com by SAM, its subsidiaries and affiliates (collectively, the “Site”). The Site is property of SAM. Please read these Terms of Use carefully. In order to accept these Terms and to use the Site, you must be at least 18 years of age ("Minimum Age"). The Site is not intended for users under the Minimum Age. If you are not at least the Minimum Age, you may not use this Site.
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BY USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE, WHICH INCLUDE AND INCORPORATE BY REFERENCE OUR PRIVACY POLICY AND ANY OTHER TERMS AND CONDITIONS WHICH WE NOTIFY YOU OF WHEN YOU USE OR ATTEMPT TO USE OUR SITE; IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT USE THE SITE.
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SAM reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SAM grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
This Privacy Policy applies only to our website, Samsavespace.com, and the personal information we collect via this Site. It does not apply to any third-party site or service linked to our website or recommended or referred by our website, or by our personnel.
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CHANGES TO TERMS
We reserve the right to add to, delete or modify these Terms at any time and from time to time by updating or revising the Terms posted. Such changes, modifications and deletions shall become effective immediately upon the posting thereof. Your continued use of this Site after the changes become effective means that you are agreeing to be bound by the changes. As a result, we encourage you to review the Terms periodically.
CHANGES TO THE SITE
You acknowledge and agree that we may stop providing the services and content of our Site to you or to users generally, in whole or in part, at any time without prior notice to you, at our sole discretion. Further, we may add, change, delete, discontinue, modify, remove or suspend any aspect of the Site’s services or Content (as defined below), at any time, without notice and without liability. You understand and agree that we are not liable to you in any manner for your inability to access or use any of the Site’s services.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
LOGIN REGISTRATION
By registering on Samsavespace.com, you agree to provide accurate and current information about yourself as prompted by the Samsavespace.com Login Registration pages and maintain and promptly update your online profile information to keep it accurate and current.
When you register using Samsavespace.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and user ID. You agree to: (a) immediately notify SAM of any unauthorized use of your user ID and password; and (b) ensure that you exit from your Samsavespace.com session at the end of each visit.
You acknowledge and agree that it may be necessary from time to time for SAM to confirm the validity of the credit card information you provided to open your SAM account. When this occurs, SAM may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer.
TERMINATION OF USE
SAM may discontinue, suspend or modify the Site at any time without notice, and SAM may block, terminate or suspend your and any user's access to the Site at any time for any reason and in its sole discretion, even if access continues to be allowed to others.
These Terms of Use will remain in effect even after your access to the Site is terminated, or your use of the Site ends.
PRIVACY
We respect your privacy. Our Privacy Policy also governs your use of our Site and forms part of our agreement with you. Please read it carefully as it describes, among other things, how we collect and use information obtained when you use our Site.
OWNERSHIP AND USE OF OUR SITE AND CONTENT
All Site marks, images, illustrations, designs, icons, photographs, text, audio clips, video clips, software, HTML code, scripts, artwork, graphic materials, or other copyrightable elements, trademarks, service marks, trade names, including the selection, sequence and “look and feel” and arrangements of such items (collectively, the “Content”) are the property of SAM and are protected, without limitation, pursuant to U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Site, services and associated Content, for personal use only in accordance with these Terms. Personal use means no commercial use or even charitable use, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else’s.
Except as specifically permitted by us, you shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including without limitation, the display and distribution of the Content via a third-party website) without the express written consent of SAM. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Unauthorized or prohibited use of the Content may subject you to civil liability and criminal prosecution, or both, under applicable federal, state and local laws.
THIRD-PARTY SITES
Our Site may contain links to other websites (collectively, the “Third-Party Sites”). The linked Third Party Sites may not be under the control of SAM, and unless expressly stated in the Third Party Site terms and conditions, SAM does not warrant, represent or assume any responsibility or liability for the accuracy, completeness of the information or software or other materials downloaded from or contained in any Third Party Site nor will we have any obligation, responsibility or liability to you or anyone else once you leave the Site. A link to a Third-Party Site does not constitute a referral, endorsement of verification by us of the Third-Party Site. When you leave the Site, you should confirm the terms and conditions and privacy policy that apply to you when using the Third-Party Site, as they may differ from those on the Site.
You use Third-Party Sites links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other web site or internet resource.
PRODUCT DISPLAY AND ORDERS
All features, specifications, products and prices of products and services described on the Site are subject to change at any time without notice. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Site. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Site or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have mademake every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on your computer, and we do not guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet.
SAM products and services are available in various parts of the world. However, the Site may describe products and services that are not available worldwide.
SAM offers services as available, and products as provided.
PRICING
In most cases, payment may be made by major credit card, debit card, certified check or money order, or as may otherwise be approved by SAM including but not limited to electronic payment processes. All charges due subsequent to the completion of all services will be charged to your credit or debit card on file with SAM. SAM reserves the right to stop accepting a payment method at any time.
SHIPPING TIME AND COSTS
Shipping of products purchased on the Site may take up to _3_ days from the date of purchase to arrive at the destination within the United States. SAM makes no representations nor guarantees that products purchased via the Site will arrive within the estimated time frame. Shipping times and costs may be dependent on the shipping courier and servicer if different from SAM. SAM reserves the right to change or remove offerings of shipping options at any given time for orders placed via the Site. SAM is not responsible nor liable for any delays in shipping products purchased via the Site.
RETURNS AND REFUNDS
Returns and refunds are provided and allowed at the sole discretion of SAM on a case-by-case basis.
CONTACT INFORMATION
If you have any questions or concerns about SAM’s services, Site, or policies, you may contact SAM via email address at support@samsavespace.com.
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GENERAL
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Merger. These Terms, together with our Privacy Policy and any other regulations, procedures and policies which we refer to are hereby incorporated by reference and constitute the entire agreement you have with SAM regarding the Site, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter.
Site Use Location. Except as described otherwise, all materials in the Site are made available only to provide information about SAM. SAM controls and operates the Site from its headquarters in Miami, FL, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
Some software from the Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's Specially Designated Nationals list, or (c) the US Commerce Department's Table of Denial Orders. If you download or use the Site software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
Site Materials. THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. SAM DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SAM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
The Site contains downloadable materials as well as links to external sites. SAM is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that SAM cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
Acceptable Use. You may use the Site only for lawful personal use, and in accordance with these Terms of Use, to search for and purchase services from SAM and/or related purchases for yourself, or on behalf of a person who has authorized you to do so. SAM may, in its sole discretion, terminate your right to use the Site and services at any time, and may take all available legal recourse for actual or suspected violations of these Terms of Use, including cancellation of services made in violation of these Terms of Use. Any delay by SAM in taking such actions does not constitute a waiver of SAM’s rights to enforce these Terms of Use. By making the Site and services available for your use, SAM does not consent to act as your agent or fiduciary.
Regulatory and Law Enforcement Reporting. If, for any reason, SAM believes, has reason to believe, suspects or is notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms, including the Site and Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Law Enforcement Directives. SAM cooperates with law enforcement officials in all reasonable respects including, without limitation, allowing law enforcement officials to comply with and enforce search warrants, and providing business records (excluding financial information), video footage, and subpoenaed documents to law enforcement officials.
Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
Waiver of Privacy. Users of this Site and those who use its services, rent or buy its products agree to waive all rights concerning privacy and personal property if illegal drugs, weapons, dangerous chemicals, or any set of circumstances that would cause a reasonable person concern for safety or violation of the rule of law.
Posted Job Opportunities. SAM is an equal opportunity employer committed to a diverse workforce. SAM franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Solicited applications are active for 180 days, after which you must reapply.
Governing Law. These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law.
Venue. Any legal action or proceeding relating to your access to or use of the Site or these Terms of Use shall be instituted only in a state or federal court located in Miami-Dade County, Florida.
You and SAM agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Severability. If any part of these Terms of Use is found unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions in these Terms of Use and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination.
Indemnification. You shall defend us against any demands, claims or actions brought against us arising as a result of any breach or violation of our Terms of Use by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from any such Claim. We reserve the right, at our own expense, to assume exclusive defense against any Claim and all negotiations for settlement or compromise, and you agree, upon request, to cooperate with us in the defense, settlement or compromise of any such Claim.
Limitation of Liability. SAM will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, lack of enjoyment, damage caused by third parties, error, omission, modification, interruption, defect, delay in operation of transmission, computer virus, or line failure. SAM will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website, even if there is negligence or SAM or an authorized SAM representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. SAM’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to SAM to access this Website, which in all cases should be $0.
IN NO EVENT WILL SAM, SERVICE PROVIDERS OR ANY PERSONNEL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, OR ANY OTHER PECUNIARY LOSS TO PERSONAL EFFECTS, OTHER COMMODITIES, AND/OR DATA.
Copyright Complaints. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent as set forth below. STORAGE ASSISTED MANAGEMENT LLC, support@samsavespace.com. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. In accordance with the Digital Millennium Copyright Act and other applicable law, SAM has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. SAM may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Force majeure: We shall be excused from performance under these Terms of Use if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
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