Legal & Privacy Statements

Legal & Privacy Statements

LEGAL STATEMENT

YOU SHOULD READ THIS LEGAL STATEMENT AND THE PRIVACY STATEMENT BEFORE USING THIS WEBSITE.

 By continuing to access and/or use our websites, ExcessSpace.com, as applicable, you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf Excess Space Retail Services, Inc. (“ESRS”) grants you access, such company or organization) expressly acknowledge and agree to the terms and conditions set forth in this Legal Statement and/or the Privacy Statement. ESRS reserves the right to modify this Legal Statement and the Privacy Statement at any time upon posting to this website, so you should review the terms and conditions of this Legal Statement and the Privacy Statement whenever accessing and/or using this website. By accessing and/or using this website after the posting of modifications to the terms and conditions set forth in this Legal Statement and/or the Privacy Statement, you signify your acceptance of such terms and conditions, as modified. You may not access or use this website if, at any time, you do not wish to accept the terms and conditions as set forth in this Legal Statement and the Privacy Statement.

This website, and any and all content, information, data and materials made available on this website, including, without limitation, images, text and audio (the “Content”), as well as all any and all intellectual property rights in and to any of the foregoing (collectively, the “Intellectual Property Rights”) are and shall at all times remain the sole and exclusive property of ESRS and/or its affiliates existing from time to time (and/or its or its affiliates’ licensors) (collectively, “ESRS”) and are protected by applicable copyright, patent, trademark and other intellectual property laws. All other trademarks, if any, on this website are the property of their respective owners. You are entitled to view, copy and print any documents from this website but only for your personal purposes, or, if you are using this website on behalf of the company or organization on whose behalf ESRS grants you access, such company’s or organization’s internal business purposes. You shall not remove any copyright, trademark or other notices or disclaimers contained in this website and/or the Content. You acquire absolutely no rights or licenses in or to this website, the Content or the Intellectual Property Rights other than the limited right to access and use this website as expressly permitted by this Legal Statement and in compliance with applicable laws, rules, regulations and ESRS’s instructions from time to time. Any sale, transmission or redistribution of this website, the Content or the Intellectual Property Rights, and any copying, modification or other use of this website, the Content or the Intellectual Property Rights for any purposes other than your personal purposes, or, if you are using this website on behalf of the company or organization on whose behalf ESRS grants you access, such company’s or organization’s internal business purposes, are strictly prohibited. Except as specifically permitted by the terms of this Legal Statement, you shall not use this website, the Content or the Intellectual Property Rights, or any derivations of any of the foregoing, for any purposes whatsoever, without ESRS’s prior written approval. You agree to protect the proprietary rights of ESRS and all others having rights in this website, any of the Content and/or any of the Intellectual Property Rights and to comply with all reasonable written or electronic requests made by ESRS or its suppliers of content or services or otherwise (collectively, “Suppliers”) to protect their and others’ contractual, statutory and common law rights in this website, the Content and/or the Intellectual Property Rights. You agree to provide ESRS with prompt written notice of any unauthorized access and/or use of this website, any of the Content and/or any of the Intellectual Property Rights by any party or of any claim that this website, any of the Content and/or any of the Intellectual Property Rights infringes upon any intellectual property rights or other contractual, statutory or common law rights.

This website is made available solely for information purposes and, with the exception of this Legal Statement or as otherwise indicated, is not intended to, and shall not, constitute any offer or acceptance with the respect to any transactions or other matters. Except for this Legal Statement, this website shall not create any legal relationship between you and ESRS.

This website and the Content are subject to change at any time by ESRS without notice and ESRS reserves the right to suspend, terminate or restrict your access to and/or use of this website and/or Content.

THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF THE THIS WEBSITE AND/OR THE CONTENT, OR IN RESPECT OF ANY MATERIALS OR PRODUCTS REFERRED TO ON THIS WEBSITE , OR NON-INFRINGEMENT. DIFFICULTIES IN ACCESS TO AND/OR USE OF THIS WEBSITE COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE EROSION, INADVERTENT DISCLOSURE OF INFORMATION PROVIDED TO ESRS VIA THIS WEBSITE, OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. ESRS DOES NOT WARRANT THAT THIS WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THIS WEBSITE IS FREE OF ERRORS, VIRUSES OR WORMS. IN NO EVENT SHALL ESRS PARTIES BE LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DIFFICULTIES. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.

ESRS and its partners, directors, officers, employees and agents (collectively, “ESRS Parties”) shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of any ESRS Parties, their subcontractors or Suppliers, or otherwise, to you or to any third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this website or the Content or for delays or omissions in any of the foregoing, including, but not limited to, inaccuracies or errors in or omissions from quotes and/or financial data. ESRS Parties shall have no responsibility to maintain this website and/or the Content or to supply any corrections or updates in connection with this website and/or the Content.

IN NO EVENT WILL ESRS PARTIES, THEIR SUBCONTRACTORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR ACCESSING, USING AND/OR RELYING ON THIS WEBSITE OR ANY CONTENT OR LINKS ON THIS WEBSITE, EVEN IF ESRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any limitations or restrictions on liability in this Legal Statement shall only apply to the extent permitted by applicable law.

In no event shall ESRS Parties’ total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise, including but not limited to, negligence) exceed the amount paid by you to ESRS, if any, for accessing this website.

Nothing set forth in this website should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for you. Many of the products described in this website involve significant risks and you should not enter into any transactions unless you fully understand all of these risks and have independently determined that the risks are acceptable to you and that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in this website, however, should not be considered to be a disclosure of the risks of particular transactions, or a complete discussion of the risks which are mentioned.

You should not construe any of the Content as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice and you should not make this website the primary basis for any trading decisions. In providing this website and the Content and entering into any transactions in the products described in this website, ESRS is acting solely in the capacity of an arm’s length contractual counterparty and not as a financial advisor or a fiduciary. Under no circumstances should ESRS be considered your advisor or fiduciary and, if you require advice with respect to the products identified in this website or any contemplated transactions, you should consult your own business, financial, accounting or legal advisors.

This website may provide links to certain websites sponsored, owned, operated and/or maintained by ESRS as well as those sponsored, owned, operated and/or maintained by third parties. ESRS is providing access to such websites through this website solely as a convenience to you. The content, data, information, services, goods or advertisements of such third party websites that may be linked to this website are not sponsored, owned, operated, maintained or controlled by ESRS, and ESRS makes no representations or warranties concerning the content, data, information, services, goods or advertisements of such websites, and the fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors, owners and/or operators by ESRS nor is there any affiliation between ESRS and any such sponsors, owners and/or operators. Moreover, ESRS is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, this website and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, this website or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked on, or to, this website. You understand and agree that you will access and use such websites, and rely on the content, services, goods or advertisements of such websites, solely at your own risk and that ESRS does not grant to you any rights in respect of such websites.

In the course of or in connection with your access to and/or use of this website, you may provide, or ESRS may otherwise obtain, information about you and/or your business activities. By using this website, you expressly consent to ESRS (1) using this information to assess the function and performance of this website, to assess the needs of its customers, to market ESRS’s products and/or services and for the other purposes set out in this paragraph, and (2) transferring this information to ESRS affiliates throughout the world for the purposes specified in (1) above. Any information which you provide or which ESRS otherwise obtains may be used by ESRS for any and all business purposes, provided however that personally identifiable information will be used (and shared) as described in the Privacy Statement. In the event that information is submitted through your access to this website erroneously, or you later determine that information should not have been submitted, for any reason, you accept full financial responsibility for such entry.

You agree, at your own expense, to indemnify, defend and hold harmless ESRS Parties, their subcontractors and their Suppliers, from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to your access to and/or use of this website and/or the Content including, but not limited to: (i) a claim that any use of this website and/or the Content by you infringes any intellectual property or other proprietary rights of any third party, is libelous or defamatory, or otherwise results in injury or damage to any third party; (ii) any deletions, additions, insertions or alterations to, or any unauthorized use of, this website and/or the Content by you; (iii) any misrepresentation or breach of representation or warranty made by you contained herein: or (iv) any breach of any covenant or agreement to be performed by you hereunder.

The terms of this Legal Statement shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts made and to be fully performed in such State without reference to principles of conflict of laws, and any action brought in relation to this Legal Statement shall be brought in a Federal or State court in New York County, New York State. You hereby consent to personal jurisdiction in any applicable court for purposes of any such litigation and hereby waive any claim or defense that such forum is not convenient or proper. You hereby consent to service of process by any means authorized by New York law (other than by publication). You hereby waive any right to trial by jury with respect to any dispute, suit, action or proceeding arising out of or relating to this Legal Statement.

The terms of this Legal Statement represent the complete and exclusive statement of the agreement and understanding between you and ESRS regarding your rights to access and/or use this website and/or the Content, and supersede representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of this Legal Statement will be effective against ESRS unless the same is in writing and signed by one of ESRS’s executive officers. Should any term or provision of this Legal Statement be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. ESRS’s failure to insist at any time upon strict compliance with any term of this Legal Statement, or any delay or failure on ESRS’s part to exercise any power or right given to ESRS in this Legal Statement, or a continued course of such conduct on ESRS’s part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to ESRS in this Legal Statement and other terms and conditions that are subject to this Legal Statement are cumulative and not exclusive of any other rights or remedies which ESRS otherwise has at law or equity. This Legal Statement will be binding upon you and your executors, heirs, successors and assigns. The term “affiliate” as used in this Legal Statement shall mean “affiliate existing from time to time. You may not assign or delegate rights, duties or obligations under this Legal Statement without ESRS’s prior written consent. This Legal Statement is in addition to, and does not nullify, any other agreement between you and ESRS governing the conduct of your relationship with ESRS.

Important Legal Information

ESRS does not intend the Content to be distributed to, or used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law, rule or regulation or which would subject ESRS to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this website constitutes a solicitation or offer by ESRS to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.

Although some of the content, information or data made available to you on this website is obtained and/or compiled from sources ESRS believes to be reliable, ESRS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any such content, information or data made available to you on this website for any particular purpose. Neither ESRS Parties nor any of their subcontractors or Suppliers will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website or the Content available to you, or from any other cause relating to your access to, or inability to access, or use of, or inability to use this website or the Content, whether or not the circumstances giving rise to such cause may have been within the control of any ESRS Parties or of any of their subcontractors or Suppliers.

Disclaimer

The site (including all of its content) is provided to you “as is.” Any use of this site is at your own risk. To the maximum extent permitted by applicable law, ESRS disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. ESRS makes no representations, warranties or guarantees that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and ESRS disclaims any liability relating thereto.

ESRS makes no representations, warranties or guarantees that use or results of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, ESRS may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If ESRS elects to modify, suspend, or discontinue the site, it will not be liable to you or any third party.

All property listing information contained within this site is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this site are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this site and any contemplated transaction concerning any property listed on this site.

You acknowledge that your submission of any information to us is at your own risk. ESRS does not assume any liability to you with regard to any loss or liability relating to such information in any way.

Some of the content, products, and services available through the ESRS site may include materials that belong to third parties. You acknowledge that ESRS assumes no responsibility for such content, products or services.

PRIVACY STATEMENT

ESRS is a California corporation with an address at One Hollow Lane, Suite 206, Lake Success, NY, 11042, USA.

ESRS has created this privacy statement to demonstrate its commitment to protecting your personally identifiable information that you provide to ESRS or that we collect and/or receive in connection with your use of this website.

When you use our website or otherwise interact with us, we may need to gather and use personal information about you, by which we mean any information about you from which you can be identified, such as your name and email address. The purpose of this privacy statement is to inform you of how we will handle your personal information and the measures and processes we have put in place to ensure its adequate protection.

Through your use of this website, and if you use any of the “Contact Us” forms on this website, we may use the following types of personal information about you: Your name, company, address, country of residence, email address, phone number, any additional personal information you may provide to us in our “additional information” section.

In certain circumstances, it will be necessary for you to provide us with your personal information, to enable us to provide you with full access to our website or provide you with information. In other circumstances, it will be at your discretion whether you provide us with personal information or not. Failure to supply any of the personal information we request may mean that we are unable to provide full access to our website or provide you with information you have requested from us.

Your personal information is used to (and shared with our third party services providers as needed to) communicate with you, enhance your experience on our website, improve the ESRS products and services, and improve the functionality and content of our website including, without limitation, by showing the content that we think you might be interested in. Lastly, this information may be used as agreed to by you. Please note that, as of the latest update of this privacy statement, this website does not currently take actions to respond to “Do Not Track” signals in browsers.

We will only handle your personal information: (i) where it is necessary to provide access to this website, services through this website or information you have requested from us; (ii) where you have given your consent to such handling (which you may withdraw at any time); (iii) where it is necessary for compliance with our legal obligations; and/or (iv) for our legitimate interests or those of any third party recipients that receive your personal information.

We may disclose any information we receive or collect in connection with your use of this website to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or property or the defense of claims. Without limiting the foregoing and in addition thereto, we may transfer your information to another entity if we are acquired by or merged with another entity, if all or substantially all of our assets or business are acquired by another company, or as part of a bankruptcy proceeding.

Your e-mail address may be used to (and shared with our third party services providers as needed to) convey newsletters and updates regarding this website and/or the ESRS products and/or services. Users may click the “unsubscribe” link contained in our email messages.

Please note that this website is not designed to be used by or collect any personally identifiable information from individuals under the age of majority.

This website automatically receives and stores users’ IP addresses, cookie information and statistical information about the users’ online experience and the pages they request. In addition, our third party ad networks and other third party service providers, over time and across different websites, may collect IP address, browser type, hardware model and unique device identifier as well as information about users’ activities online when they use this website. Although some of this information is non-personally identifiable, we may use such received and collected information, disclose it to and share it with our third parties services providers in connection with your access to and/or use of this website. Please note that, as of the latest update of this privacy statement, this website does not currently take actions to respond to “Do Not Track” signals in browsers.

This website may from time to time display call-to-action buttons and/or include links to websites that are not owned or operated by us. We are not responsible for, do not endorse and have not reviewed the privacy practices of such buttons, websites, their owners or operators.

We will only retain your personal information for as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements.

The laws of your state of residence may give you the right to:

  • update, modify, delete or obtain a copy of the personal information that we hold on you; or
  • restrict or stop us from using any of the personal information which we hold on you, including by withdrawing any consent you have previously given to our handling of such data.

You can request that we do this by contacting us at the details below or clicking on the link provided below and include your name, state of residence and specific request. We endeavour to respond to such requests within a month or less, although we reserve the right to extend this period for complex requests.

Any dispute or claim arising out of or in connection with this privacy statement or your use of the Site(s) shall be governed by and construed in accordance with the laws of the State of New York and shall be referred to and finally resolved by confidential arbitration in New York, New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, which rules are deemed to be incorporated by reference. The award or decision rendered by the arbitrator shall be final, binding and conclusive, and judgment may be entered upon such award by any court. Each party will bear its own expenses.

ESRS may modify this privacy statement from time to time upon written notice or posting to this website. It is your responsibility to review this privacy statement periodically. By continuing to use this site you acknowledge that your personal information will be used in accordance with this privacy statement.

If you have any queries about the contents of this privacy statement, or wish to inform us of a change or correction to your personal information, would like a copy of the data we collect on you or would like to raise a complaint or comment, please contact us contact us at mail@excessspace.com.

You are entitled to lodge a complaint with the data protection regulator in your jurisdiction if you consider that we have breached your data protection rights. Details of the data protection regulator in your jurisdiction can be found online.

 

LEGAL STATEMENT

YOU SHOULD READ THIS LEGAL STATEMENT AND THE PRIVACY STATEMENT BEFORE USING THIS WEBSITE.

 By continuing to access and/or use our websites, ExcessSpace.com, as applicable, you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf Excess Space Retail Services, Inc. (“ESRS”) grants you access, such company or organization) expressly acknowledge and agree to the terms and conditions set forth in this Legal Statement and/or the Privacy Statement. ESRS reserves the right to modify this Legal Statement and the Privacy Statement at any time upon posting to this website, so you should review the terms and conditions of this Legal Statement and the Privacy Statement whenever accessing and/or using this website. By accessing and/or using this website after the posting of modifications to the terms and conditions set forth in this Legal Statement and/or the Privacy Statement, you signify your acceptance of such terms and conditions, as modified. You may not access or use this website if, at any time, you do not wish to accept the terms and conditions as set forth in this Legal Statement and the Privacy Statement.

This website, and any and all content, information, data and materials made available on this website, including, without limitation, images, text and audio (the “Content”), as well as all any and all intellectual property rights in and to any of the foregoing (collectively, the “Intellectual Property Rights”) are and shall at all times remain the sole and exclusive property of ESRS and/or its affiliates existing from time to time (and/or its or its affiliates’ licensors) (collectively, “ESRS”) and are protected by applicable copyright, patent, trademark and other intellectual property laws. All other trademarks, if any, on this website are the property of their respective owners. You are entitled to view, copy and print any documents from this website but only for your personal purposes, or, if you are using this website on behalf of the company or organization on whose behalf ESRS grants you access, such company’s or organization’s internal business purposes. You shall not remove any copyright, trademark or other notices or disclaimers contained in this website and/or the Content. You acquire absolutely no rights or licenses in or to this website, the Content or the Intellectual Property Rights other than the limited right to access and use this website as expressly permitted by this Legal Statement and in compliance with applicable laws, rules, regulations and ESRS’s instructions from time to time. Any sale, transmission or redistribution of this website, the Content or the Intellectual Property Rights, and any copying, modification or other use of this website, the Content or the Intellectual Property Rights for any purposes other than your personal purposes, or, if you are using this website on behalf of the company or organization on whose behalf ESRS grants you access, such company’s or organization’s internal business purposes, are strictly prohibited. Except as specifically permitted by the terms of this Legal Statement, you shall not use this website, the Content or the Intellectual Property Rights, or any derivations of any of the foregoing, for any purposes whatsoever, without ESRS’s prior written approval. You agree to protect the proprietary rights of ESRS and all others having rights in this website, any of the Content and/or any of the Intellectual Property Rights and to comply with all reasonable written or electronic requests made by ESRS or its suppliers of content or services or otherwise (collectively, “Suppliers”) to protect their and others’ contractual, statutory and common law rights in this website, the Content and/or the Intellectual Property Rights. You agree to provide ESRS with prompt written notice of any unauthorized access and/or use of this website, any of the Content and/or any of the Intellectual Property Rights by any party or of any claim that this website, any of the Content and/or any of the Intellectual Property Rights infringes upon any intellectual property rights or other contractual, statutory or common law rights.

This website is made available solely for information purposes and, with the exception of this Legal Statement or as otherwise indicated, is not intended to, and shall not, constitute any offer or acceptance with the respect to any transactions or other matters. Except for this Legal Statement, this website shall not create any legal relationship between you and ESRS.

This website and the Content are subject to change at any time by ESRS without notice and ESRS reserves the right to suspend, terminate or restrict your access to and/or use of this website and/or Content.

THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF THE THIS WEBSITE AND/OR THE CONTENT, OR IN RESPECT OF ANY MATERIALS OR PRODUCTS REFERRED TO ON THIS WEBSITE , OR NON-INFRINGEMENT. DIFFICULTIES IN ACCESS TO AND/OR USE OF THIS WEBSITE COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE EROSION, INADVERTENT DISCLOSURE OF INFORMATION PROVIDED TO ESRS VIA THIS WEBSITE, OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. ESRS DOES NOT WARRANT THAT THIS WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THIS WEBSITE IS FREE OF ERRORS, VIRUSES OR WORMS. IN NO EVENT SHALL ESRS PARTIES BE LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DIFFICULTIES. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.

ESRS and its partners, directors, officers, employees and agents (collectively, “ESRS Parties”) shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of any ESRS Parties, their subcontractors or Suppliers, or otherwise, to you or to any third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this website or the Content or for delays or omissions in any of the foregoing, including, but not limited to, inaccuracies or errors in or omissions from quotes and/or financial data. ESRS Parties shall have no responsibility to maintain this website and/or the Content or to supply any corrections or updates in connection with this website and/or the Content.

IN NO EVENT WILL ESRS PARTIES, THEIR SUBCONTRACTORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR ACCESSING, USING AND/OR RELYING ON THIS WEBSITE OR ANY CONTENT OR LINKS ON THIS WEBSITE, EVEN IF ESRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any limitations or restrictions on liability in this Legal Statement shall only apply to the extent permitted by applicable law.

In no event shall ESRS Parties’ total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise, including but not limited to, negligence) exceed the amount paid by you to ESRS, if any, for accessing this website.

Nothing set forth in this website should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for you. Many of the products described in this website involve significant risks and you should not enter into any transactions unless you fully understand all of these risks and have independently determined that the risks are acceptable to you and that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in this website, however, should not be considered to be a disclosure of the risks of particular transactions, or a complete discussion of the risks which are mentioned.

You should not construe any of the Content as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice and you should not make this website the primary basis for any trading decisions. In providing this website and the Content and entering into any transactions in the products described in this website, ESRS is acting solely in the capacity of an arm’s length contractual counterparty and not as a financial advisor or a fiduciary. Under no circumstances should ESRS be considered your advisor or fiduciary and, if you require advice with respect to the products identified in this website or any contemplated transactions, you should consult your own business, financial, accounting or legal advisors.

This website may provide links to certain websites sponsored, owned, operated and/or maintained by ESRS as well as those sponsored, owned, operated and/or maintained by third parties. ESRS is providing access to such websites through this website solely as a convenience to you. The content, data, information, services, goods or advertisements of such third party websites that may be linked to this website are not sponsored, owned, operated, maintained or controlled by ESRS, and ESRS makes no representations or warranties concerning the content, data, information, services, goods or advertisements of such websites, and the fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors, owners and/or operators by ESRS nor is there any affiliation between ESRS and any such sponsors, owners and/or operators. Moreover, ESRS is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, this website and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, this website or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked on, or to, this website. You understand and agree that you will access and use such websites, and rely on the content, services, goods or advertisements of such websites, solely at your own risk and that ESRS does not grant to you any rights in respect of such websites.

In the course of or in connection with your access to and/or use of this website, you may provide, or ESRS may otherwise obtain, information about you and/or your business activities. By using this website, you expressly consent to ESRS (1) using this information to assess the function and performance of this website, to assess the needs of its customers, to market ESRS’s products and/or services and for the other purposes set out in this paragraph, and (2) transferring this information to ESRS affiliates throughout the world for the purposes specified in (1) above. Any information which you provide or which ESRS otherwise obtains may be used by ESRS for any and all business purposes, provided however that personally identifiable information will be used (and shared) as described in the Privacy Statement. In the event that information is submitted through your access to this website erroneously, or you later determine that information should not have been submitted, for any reason, you accept full financial responsibility for such entry.

You agree, at your own expense, to indemnify, defend and hold harmless ESRS Parties, their subcontractors and their Suppliers, from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to your access to and/or use of this website and/or the Content including, but not limited to: (i) a claim that any use of this website and/or the Content by you infringes any intellectual property or other proprietary rights of any third party, is libelous or defamatory, or otherwise results in injury or damage to any third party; (ii) any deletions, additions, insertions or alterations to, or any unauthorized use of, this website and/or the Content by you; (iii) any misrepresentation or breach of representation or warranty made by you contained herein: or (iv) any breach of any covenant or agreement to be performed by you hereunder.

The terms of this Legal Statement shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts made and to be fully performed in such State without reference to principles of conflict of laws, and any action brought in relation to this Legal Statement shall be brought in a Federal or State court in New York County, New York State. You hereby consent to personal jurisdiction in any applicable court for purposes of any such litigation and hereby waive any claim or defense that such forum is not convenient or proper. You hereby consent to service of process by any means authorized by New York law (other than by publication). You hereby waive any right to trial by jury with respect to any dispute, suit, action or proceeding arising out of or relating to this Legal Statement.

The terms of this Legal Statement represent the complete and exclusive statement of the agreement and understanding between you and ESRS regarding your rights to access and/or use this website and/or the Content, and supersede representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of this Legal Statement will be effective against ESRS unless the same is in writing and signed by one of ESRS’s executive officers. Should any term or provision of this Legal Statement be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. ESRS’s failure to insist at any time upon strict compliance with any term of this Legal Statement, or any delay or failure on ESRS’s part to exercise any power or right given to ESRS in this Legal Statement, or a continued course of such conduct on ESRS’s part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to ESRS in this Legal Statement and other terms and conditions that are subject to this Legal Statement are cumulative and not exclusive of any other rights or remedies which ESRS otherwise has at law or equity. This Legal Statement will be binding upon you and your executors, heirs, successors and assigns. The term “affiliate” as used in this Legal Statement shall mean “affiliate existing from time to time. You may not assign or delegate rights, duties or obligations under this Legal Statement without ESRS’s prior written consent. This Legal Statement is in addition to, and does not nullify, any other agreement between you and ESRS governing the conduct of your relationship with ESRS.

Important Legal Information

ESRS does not intend the Content to be distributed to, or used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law, rule or regulation or which would subject ESRS to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this website constitutes a solicitation or offer by ESRS to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.

Although some of the content, information or data made available to you on this website is obtained and/or compiled from sources ESRS believes to be reliable, ESRS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any such content, information or data made available to you on this website for any particular purpose. Neither ESRS Parties nor any of their subcontractors or Suppliers will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website or the Content available to you, or from any other cause relating to your access to, or inability to access, or use of, or inability to use this website or the Content, whether or not the circumstances giving rise to such cause may have been within the control of any ESRS Parties or of any of their subcontractors or Suppliers.

Disclaimer

The site (including all of its content) is provided to you “as is.” Any use of this site is at your own risk. To the maximum extent permitted by applicable law, ESRS disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. ESRS makes no representations, warranties or guarantees that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and ESRS disclaims any liability relating thereto.

ESRS makes no representations, warranties or guarantees that use or results of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, ESRS may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If ESRS elects to modify, suspend, or discontinue the site, it will not be liable to you or any third party.

All property listing information contained within this site is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this site are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this site and any contemplated transaction concerning any property listed on this site.

You acknowledge that your submission of any information to us is at your own risk. ESRS does not assume any liability to you with regard to any loss or liability relating to such information in any way.

Some of the content, products, and services available through the ESRS site may include materials that belong to third parties. You acknowledge that ESRS assumes no responsibility for such content, products or services.

PRIVACY STATEMENT

ESRS is a California corporation with an address at One Hollow Lane, Suite 206, Lake Success, NY, 11042, USA.

ESRS has created this privacy statement to demonstrate its commitment to protecting your personally identifiable information that you provide to ESRS or that we collect and/or receive in connection with your use of this website.

When you use our website or otherwise interact with us, we may need to gather and use personal information about you, by which we mean any information about you from which you can be identified, such as your name and email address. The purpose of this privacy statement is to inform you of how we will handle your personal information and the measures and processes we have put in place to ensure its adequate protection.

Through your use of this website, and if you use any of the “Contact Us” forms on this website, we may use the following types of personal information about you: Your name, company, address, country of residence, email address, phone number, any additional personal information you may provide to us in our “additional information” section.

In certain circumstances, it will be necessary for you to provide us with your personal information, to enable us to provide you with full access to our website or provide you with information. In other circumstances, it will be at your discretion whether you provide us with personal information or not. Failure to supply any of the personal information we request may mean that we are unable to provide full access to our website or provide you with information you have requested from us.

Your personal information is used to (and shared with our third party services providers as needed to) communicate with you, enhance your experience on our website, improve the ESRS products and services, and improve the functionality and content of our website including, without limitation, by showing the content that we think you might be interested in. Lastly, this information may be used as agreed to by you. Please note that, as of the latest update of this privacy statement, this website does not currently take actions to respond to “Do Not Track” signals in browsers.

We will only handle your personal information: (i) where it is necessary to provide access to this website, services through this website or information you have requested from us; (ii) where you have given your consent to such handling (which you may withdraw at any time); (iii) where it is necessary for compliance with our legal obligations; and/or (iv) for our legitimate interests or those of any third party recipients that receive your personal information.

We may disclose any information we receive or collect in connection with your use of this website to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or property or the defense of claims. Without limiting the foregoing and in addition thereto, we may transfer your information to another entity if we are acquired by or merged with another entity, if all or substantially all of our assets or business are acquired by another company, or as part of a bankruptcy proceeding.

Your e-mail address may be used to (and shared with our third party services providers as needed to) convey newsletters and updates regarding this website and/or the ESRS products and/or services. Users may click the “unsubscribe” link contained in our email messages.

Please note that this website is not designed to be used by or collect any personally identifiable information from individuals under the age of majority.

This website automatically receives and stores users’ IP addresses, cookie information and statistical information about the users’ online experience and the pages they request. In addition, our third party ad networks and other third party service providers, over time and across different websites, may collect IP address, browser type, hardware model and unique device identifier as well as information about users’ activities online when they use this website. Although some of this information is non-personally identifiable, we may use such received and collected information, disclose it to and share it with our third parties services providers in connection with your access to and/or use of this website. Please note that, as of the latest update of this privacy statement, this website does not currently take actions to respond to “Do Not Track” signals in browsers.

This website may from time to time display call-to-action buttons and/or include links to websites that are not owned or operated by us. We are not responsible for, do not endorse and have not reviewed the privacy practices of such buttons, websites, their owners or operators.

We will only retain your personal information for as long as necessary to fulfill the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements.

The laws of your state of residence may give you the right to:

  • update, modify, delete or obtain a copy of the personal information that we hold on you; or
  • restrict or stop us from using any of the personal information which we hold on you, including by withdrawing any consent you have previously given to our handling of such data.

You can request that we do this by contacting us at the details below or clicking on the link provided below and include your name, state of residence and specific request. We endeavour to respond to such requests within a month or less, although we reserve the right to extend this period for complex requests.

Any dispute or claim arising out of or in connection with this privacy statement or your use of the Site(s) shall be governed by and construed in accordance with the laws of the State of New York and shall be referred to and finally resolved by confidential arbitration in New York, New York in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, which rules are deemed to be incorporated by reference. The award or decision rendered by the arbitrator shall be final, binding and conclusive, and judgment may be entered upon such award by any court. Each party will bear its own expenses.

ESRS may modify this privacy statement from time to time upon written notice or posting to this website. It is your responsibility to review this privacy statement periodically. By continuing to use this site you acknowledge that your personal information will be used in accordance with this privacy statement.

If you have any queries about the contents of this privacy statement, or wish to inform us of a change or correction to your personal information, would like a copy of the data we collect on you or would like to raise a complaint or comment, please contact us contact us at mail@excessspace.com.

You are entitled to lodge a complaint with the data protection regulator in your jurisdiction if you consider that we have breached your data protection rights. Details of the data protection regulator in your jurisdiction can be found online.

 

Excess Space, a Newmark Knight Frank company

Social Media:

East Coast Office:

One Hollow Lane, Suite 206
Lake Success, NY 11042

Phone: (516) 365-6400

Fax: (516) 365-2946

West Coast Office:

2130 Main Street, Suite 220
Huntington Beach, CA 92648

Phone: (714) 594-9800

Fax: (714) 536-1884

©2019 Excess Space Retail Services Inc.
All Rights Reserved|Legal & Privacy Statements

Excess Space, a Newmark Knight Frank company

©2019 Excess Space Retail Services Inc.
All Rights Reserved|Legal & Privacy Statements

Social Media:

East Coast Office:

One Hollow Lane, Suite 206
Lake Success, NY 11042

Phone: (516) 365-6400

Fax: (516) 365-2946

West Coast Office:

2130 Main Street, Suite 220
Huntington Beach, CA 92648

 

Phone: (714) 594-9800

Fax: (714) 536-1884