You
Must Carefully Read the Following Terms and Conditions.
Your use of this site constitutes your acceptance of the following
Usage Agreement. Please read it carefully.
Do
not use the site if you do not agree to be bound
by these terms. Be sure to check this page periodically
for updates, as your continued use of the site signifies
your acceptance of any changed items.
The
materials on this Website describe SMARTBOX’S Systems.
They do not constitute an offering for sale of a
franchise in any such system. Such offering is only
commenced by our delivery of a prospectus to you
in compliance with the Federal Trade Commission
Rule on Franchising and various state laws regulating
the sale of franchised opportunities.
You
may use this Website solely for the purpose of learning
about one or more of the described franchise systems.
If you choose to, you may also submit an electronic
application seeking consideration as a prospective
franchisee. By viewing this Website, the user agrees
that the contents hereof and the trademarks used
herein are the property of SMARTBOX Portable Self
Storage, LLC (collectively referred to as ''SMARTBOX'')
and their parent, subsidiaries or affiliates, and
may be used only as expressly permitted herein.
You may not copy, modify, distribute, reprint, republish,
retransmit or otherwise reuse any of the contents
hereof for any other purpose, without the prior
written consent of SMARTBOX. Any materials you use
or copy during the process of investigating the
described franchises shall be deemed to be licensed
to you by SMARTBOX solely for the purpose described
herein.
COPYRIGHT
AND TRADEMARK.
Unless otherwise noted, all materials on this site
are protected as the copyrights, trade dress, trademarks
and/or other intellectual properties owned by SMARTBOX
or its parent, subsidiaries and affiliates or by
other parties that have licensed their material
to SMARTBOX.
SMARTBOX
marks on this site represent some of the marks currently
owned or controlled by SMARTBOX or under
license to SMARTBOX. The display of these marks
and of notices associated with these marks is not
intended to be a comprehensive compilation of all
SMARTBOX ownership rights, and SMARTBOX may own
or control other proprietary rights.
This
site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, or otherwise exploited
for any commercial purpose that is not expressly
permitted by SMARTBOX.
You may not use the SMARTBOX website
for any purpose that is unlawful or prohibited by
this agreement, or cause damage on or through the
SMARTBOX Web site.
LIMITATION
OF LIABILITY. Under no circumstances shall SMARTBOX
be liable for any damages or injury, including any
direct, special, incidental, consequential, punitive
or other damages, that may result from the use of,
or the inability to use, the Web site or any materials
in this site, whether in an action of contract,
negligence or other tortious action, arising out
of or in connection with the use or performance
of the website or information available in the web
site. SMARTBOX shall not be liable even if SMARTBOX
or an SMARTBOX
authorized representative has been
advised of the possibility of such damages. These
include but are not limited to damages or injury
caused by error, omission, interruption, defect,
failure of performance, delay in operation or transmission,
line failure or computer virus, worm, trojan horse
or other harmful component.
LINKS.
You
may find that it is possible to "hot-link"
from other Web sites to this Web site, which is
the official SMARTBOX Web site. Those other Web
sites are not under our control. We cannot determine
the content of those Web sites and do not know whether
the statements made in those Web sites are true
or false, even if someone from our company occasionally
visits those Web sites, is quoted, or leaves a comment.
We are not responsible for the accuracy or reliability
of the information on those Web sites and cannot
vouch for the data, opinions, advice or statements
made there. Even
if we visit those Web sites, we cannot be responsible
for updating or correcting false or misleading information
on any third-party Web site. Further, we are not responsible for the
goods or services that may be offered on other Web
Sites.
FEEDBACK
AND SUBMISSIONS. Unfortunately, under our corporate contracts SMARTBOX is unable to
accept unsolicited ideas. Any material you submit
to this site will be deemed a grant of a royalty
free non-exclusive right and license to use, reproduce,
modify, display, transmit, adapt, publish, translate,
create derivative works from and distribute these
materials throughout the universe in any medium
and through any methods of distribution, transmission
and display whether now known or hereafter devised.
In addition, you warrant that all so-called "moral
rights" have been waived.
PRODUCT
SALES AND AVAILABILITY. All products displayed on this site will be delivered
only within the United States. All prices displayed
on the site are quoted in U.S. Dollars and are valid
and effective only in the United States. SMARTBOX
reserves the right without prior notice to discontinue
or change specifications on products and services
offered on this site without incurring any obligations.
DISCLAIMER. EXCEPT AS OTHERWISE
EXPRESSLY STATED WITH RESPECT TO OUR PRODUCTS, ALL
CONTENTS OF THE SITE ARE OFFERED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER
EXPRESS OR IMPLIED. SMARTBOX MAKES NO REPRESENTATIONS,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SMARTBOX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE
REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY
INFORMATION ABOUT SMARTBOX ON THIS SITE, YOU SHOULD
NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS
UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT
INFORMATION AVAILABLE ABOUT SMARTBOX. SMARTBOX UNDERTAKES
NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY
OF SUCH INFORMATION.IN PARTICULAR, IF YOU ARE MAKING
AN INVESTMENT DECISION REGARDING SMARTBOX, PLEASE
CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING
SMARTBOX FILINGS WITH THE SECURITIES AND EXCHANGE
COMMISSION.
UNDER NO CIRCUMSTANCES SHALL SMARTBOX BE LIABLE FOR
ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES,
THAT MAY RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE WEB SITE OR ANY MATERIALS IN THIS SITE,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION
AVAILABLE IN THE WEB SITE. SMARTBOX SHALL NOT BE
LIABLE EVEN IF SMARTBOX OR A SMARTBOX AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED
TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION,
INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY
IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER
VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
Applicable law may not allow the exclusion of certain
warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly,
some of the above limitations or exclusions may
not apply to you. However, in no event shall SMARTBOX
total liability to you for damages, losses, and
causes of action whether in contract or tort (including,
but not limited to, negligence, or otherwise) exceed
the amount paid by you, if any, for accessing this
site.
ADDITIONAL TERMS.
Certain products or services offered by this website,
and certain areas within this website may be governed
by additional terms of use and/or other agreements
("Additional Terms") presented in conjunction
with those products or services. You must agree
to these Additional Terms before using those areas.
The Additional Terms and this Terms of Use shall
apply equally. In the event of an irreconcilable
inconsistency between the Additional Terms and this
Terms of Use, the Additional Terms shall control.
GEOGRAPHIC SCOPE OF SITE.
SMARTBOX controls and operates this web site from
within the United States of America. Unless otherwise
specified on or by this web site, this web site
is intended to promote only those SMARTBOX products
that are sold by SMARTBOX in the United States and
its territories, and SMARTBOX makes no representation
that materials in this Web site or the products
described thereby are appropriate or available for
use in other locations. All visitors to this Web
site are responsible for compliance with all local
laws applicable to them with respect to the content
and operation of this web site.
NO WAIVER. No failure on the part
of SMARTBOX to enforce any part of these Terms of
Use shall constitute a waiver of any of SMARTBOX
rights under these Terms of Use whether for past
or future actions on the part of any person. Neither
the receipt of any funds by SMARTBOX nor the reliance
of any person on SMARTBOX
actions shall be deemed to constitute a waiver
of any part of these Terms of Use. Only a specific,
written waiver signed by an authorized representative
of SMARTBOX shall have any legal effect whatsoever.
JURISDICTIONAL AND APPLICABLE LAW. Any dispute arising from these Terms of Use shall be resolved exclusively
in the state and federal courts of the Commonwealth
of Virginia. These Terms of Use and any disputes
arising under or related to these Terms of Use (whether
for breach of contract, tortious conduct or otherwise)
will be governed by the laws of the Commonwealth
of Virginia, without reference to its conflicts
of law principles. SMARTBOX makes no representation
that materials in this site are appropriate or available
for use in other locations. If you access this site
from outside the United States, be advised this
site may contain references to products and services
that are not available or are prohibited in your
country.
All names, designs, logos and related marks are trademarks
of SMARTBOX Portable Self Storage, LLC and its affiliates.
© 2003 SMARTBOX Incorporated. All rights reserved.