1. General This Terms of Use Agreement (“Agreement”) is an agreement between Russell’s RV Storage, LLC (“Russell’s RV Storage,” “our,” “us,” or “we”) and any user of its russellsrvstorage.com website(s) (such website(s) and related functionality, the “Website”). By accessing, browsing and using the Website, you (“you”) agree that you have read, understood and accept this Agreement. Please read it carefully. If you do not agree with the terms of this Agreement or any policy or terms referenced in this Agreement, do not use the Website.
2. Use of the Website You may only use the Website for its intended purpose and in accordance with this Agreement. You may not restrict or inhibit any other person from enjoying or using the Website. We or our contractors may monitor your use of the Website.
3. Transmission of Information THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. The state or federal courts sitting in New York shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement or any services provided in connection with the Website and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. russellsrvstorage.com and any logos displayed within the Website or any related service are our or our third-party licensors’ trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
4. Modifications We may modify this Agreement or the Privacy Policy at any time by posting a new version on the Website or by otherwise notifying you of the revisions or modifications. By using the Website, you agree to be bound by the terms and conditions of the version of this Agreement, the Privacy Policy or other terms that are in force during such use. Your right to use the Website will automatically terminate upon your breach of the Agreement.
5. Copyright Policy You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
6. We May Communicate with You in the Future In submitting your email on the website, you agree that russellsrvstorage.com located at 7039 Connoisarauley Rd. West Valley, NY 14171 may use the data you entered to inform you by e-mail about the contents and/or products selected by you. You may revoke your consent at any time with effect for the future, either by written notice or by email to [business email address]. You may also unsubscribe from any marketing email via the link provided at the end of each message. Emails transactional in nature may not have the option of unsubscribing.
7. LIMITATION OF LIABILITY THE WEBSITE IS PROVIDED TO YOU STRICTLY ON AN & AS IS& BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WE OR OUR THIRD-PARTY PARTNERS OR PROVIDERS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY RELATED SERVICES PROVIDED BY US OR OUR THIRD-PARTY PARTNERS AND PROVIDERS,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
AND OUR THIRD-PARTY PROVIDERS’ AND PARTNERS’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $25. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR THIRD-PARTY PARTNERS AND PROVIDERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
8. Intellectual Property The content of this Website is protected by law, including United States copyright law, trademark law and applicable laws and treaties. You may download materials and content on the Website solely for your personal, non-commercial use. Neither we nor our third-party partners and providers grant you any license, express or implied, to our or our licensor’s intellectual property except as expressly stated in this Agreement or applicable third-party terms.
9. Third-Party Websites, Services and Technologies We may provide links to third-party websites, services and/or technologies on the Website or in other communications to you. Such links may appear as a specific domain name or URL or may be activated by clicking on an advertisement or other icon or graphic. Please be aware that these other websites, services and technologies may be subject to their own respective terms and conditions.
10. General THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. The state or federal courts sitting in New York shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement or any services provided in connection with the Website and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
“russellsrvstorage.com” and any logos displayed within the Website or any related service are our or our third-party licensors’ trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.’