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Terms Of Use / Privacy Policy
Terms of Use

Please read this agreement ("Agreement") carefully before accessing or utilizing the Excessspace.com web site ("Site"). By accessing or utilizing the Site, you agree to be bound by this Agreement. Excess Space Retail Services, Inc., its affiliates and agents (collectively "ESRS") provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices. The information and services offered on or through the Site are provided with the understanding that neither ESRS nor its users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and conditions that may appear throughout the Site. ESRSI assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Site or which you may access through the Site. While ESRS strives to keep the information on this Site accurate, complete and up-to-date, ESRS cannot guarantee such information, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

LIMITATION AND PROHIBITED USES

You may access, download and print materials on this Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create "Derivative Products" from, frame in another Web page, use on any other Web site, transfer or sell any information, software, databases or other lists, products or services obtained from this Site. "Derivative Products" shall mean products that result from or are the compilation and analysis of Data records from ESRS's Database and that generally do not include sufficient detail on individual records to identify specific properties or transactions. The foregoing prohibition expressly includes, but is not limited to, the practices of framing, or database scraping to obtain lists of users or other information. If and when requested or permitted by ESRS you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of ESRS you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
 

PROPRIETARY RIGHTS

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by ESRS. (© 2007 Excess Space Retail Services, Inc. All rights reserved). No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the express written permission of ESRS.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to ESRS that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

LINKS TO THIRD PARTY SITES

This Site may contain hyperlinks to web sites operated by parties other than ESRS. Therefore, clicking on a category in the Site may bring you to a site operated by a party independent of ESRS. Such hyperlinks are provided for your reference only. ESRS does not control such web sites, and is not responsible for their contents. Inclusion of hyperlinks by ESRS to such web sites does not imply an endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because the ESRS privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.

CHANGES TO SITE

ESRS may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. ESRS may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

LIABILITY DISCLAIMER

You use this Site at your own risk. If your use of this Site or the materials therein results in the need of servicing or replacing property, material, equipment or data, ESRS is not responsible for those costs.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESRS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME WITHOUT NOTICE.

ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL ESRS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY AWAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ESRS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ESRS from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

LIMITATION OF LIABILITY

NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME OR LOST REVENUE WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY. Any cause of action arising from or in connection with this Agreement shall be asserted within one (1) year of the date upon which such cause of action accrued, or the date upon which the complaining party should have reasonably discovered the existence of such cause of action, whichever is later.

DISPUTE RESOLUTION AND ARBITRATION

Notwithstanding anything to the contrary in this Agreement, the parties irrevocably agree that all claims and disputes relating in any way to this Agreement shall be referred to final and binding arbitration in the State of New York. Any arbitration shall be final and binding and the arbitrator's order will be enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the parties as may be specified in the determination of the arbitrator.

MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Failure by ESRS to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. ESRS logos, product and service names are trademarks owned by and/or licensed to ESRS (the "Marks"). Without the prior written permission of ESRS, you agree not to display or use in any manner, the Marks.
 
Privacy Policy

At ESRS, the privacy and confidentiality of user information is important. We are committed to maintaining the privacy and security of your user information. We may update this policy from time to time, so please check here frequently. ESRS will not disclose identifiable user information to any third party without consent.

We may collect the following information:

IP Address

Your IP or "Internet Protocol" address and other site usage data is used to gather broad demographic information. This data is used to determine how visitors use our web sites.

Cookies

ESRS uses "cookies," small files stored by your browser to help keep track of your user profile. The cookies do not record or collect personally identifiable information, nor do we share them with anyone. Cookies profiles are used for convenience; to deliver content specific to your needs and interests, and to ensure you don't see the same ad repeatedly. We also use cookies to track user trends and improve areas of our sites that our users find valuable.

Registration

Some areas of the ESRS website include registration forms that require users to give us contact information (like your name), unique identifiers (such as your E-mail address), demographic information (like your Zip code) and business information of interest. ESRS will only use customer contact information.

We use customer contact information from registration forms to send you information related to our properties, areas of business and services. Your contact information may also be used to contact you when necessary for administrative purposes related to your account. We use your e-mail as a unique identifier in our record system, to verify communications from you, and to send you information that you ask to receive or to tell you about changes to ESRS.
Demographic information and site usage data is also collected on our site. We use this data to tailor the content provided to you, allowing us to provide content related to your preferences and information on products or services we think you may be interested in.

E-mail Services

If you take advantage of any e-mail notification features on our sites, you will receive e-mail updates and e-mail concerning our properties, areas of business, services or products that may be of interest. You may opt out of receiving communications from us at any time if you desire and may remove identifying information from the database by sending a request by e-mail to mail@excessspace.com by typing, "unsubscribe" in a response to the identifying e-mail received.

Personal Tools

Certain products on our site, allow you to store your personal information for future use. We do not share this information with third parties.

Outside Links

ESRS has links to other web sites. Be aware that other sites may collect data and personal information and operate according to their own privacy practices. Please remember that, once outside of www.excessspace.com, any information you submit is outside of our control.

Disclosure

To provide you the best information and services, we team with business partners. Occasionally, we hire consultants that may need access to our member database to perform their services for us. These business partners agree not to use any member information that they may receive access to.

ESRS may contract with outside companies to administer our mailing lists or provide services. Your personal information may be shared with an outside company for the sole purpose of administering the products, services and programs you have selected.

Contacting Us

If at any time you feel that the Excessspace.com web site has not adhered to this policy, e-mail us at www.excessspace.com and we'll do our best to determine any problem and quickly respond. If you have any questions or concerns about our privacy policy, please contact us at mail@excessspace.com.

Changes in our privacy policy will be displayed on this page from time to time. We reserve the right to make such changes at any time.

This privacy policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond the control of ESRS and is not to be applied in any manner contrary to applicable law or governmental regulation.

ESRS may disclose your personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the requirements of the law or comply with governmental orders, court orders, or legal process served on ESRS; (2) protect and defend the property or rights of ESRS or the users of the ESRS web site.