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.
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
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.
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.
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.
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.
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:
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.
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.
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 email@example.com by typing, "unsubscribe" in a response to the identifying e-mail received.
Certain products on our site, allow you to store your personal information for future use. We do not share this information with third parties.
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.
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.
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.