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Privacy Policy, Terms and Trademark Usage


CubeSmart® welcomes you to the CubeSmart web site and the CubeSmart Network Program web site, including mi-Network (collectively, the “Site”). These Terms of Use incorporate the CubeSmart Privacy Policy which can be found at www.ustoreit.com/privacy-policy/, the CubeSmart Copyright Infringement Notice Policy which can be found at www.ustoreit.com/copyright-infringement/ and the Trademark Usage Guidelines which can be found at www.ustoreit.com/trademark-usage/, which collectively constitute the entire agreement between you and CubeSmart and govern your use of the Site (referred to herein as the “Agreement”). This Agreement governs your access to and use of the Site, as well as the information and materials found on the Site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THE TERM “YOU” SHALL MEAN YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THE TERMS OF THIS AGREEMENT (COLLECTIVELY, “YOU”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE IN ANY MANNER.

By accessing the Site in any way or using any content or services provided through the Site, you agree to and are bound by this Agreement. If you are using the Site on behalf of your employer, you represent and warrant that you are authorized to accept these terms on your employer’s behalf, and your employer agrees to indemnify you and CubeSmart for violations of this Agreement.

Intellectual Property Rights:

The Site is owned by CubeSmart and is protected by United States intellectual property laws (including trademark or copyright laws) and international treaty provisions. All content, including but not limited to images, information, products, services, documentation, software, trademarks, service marks, trade names, logos, and icons used by CubeSmart or featured on the Site are proprietary to CubeSmart or its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, logo, or trade name, including, without limitation, the USI Marks (collectively, “Trademarks”) displayed or featured on the Site without the prior written permission of CubeSmart. Your use of the Trademarks displayed on the Site, except as provided herein and in the Trademark Usage Guidelines, is strictly prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, except as provided herein or with prior written permission from CubeSmart. The Site may include the product and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners.

Your Conduct and Use of the Site:

You agree that You will not use any content or services provided through the Site for any purpose that is unlawful or contrary to this Agreement. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any account, computer systems, or networks associated with the Site.

CubeSmart has no obligation to monitor use of the Site by others. However, CubeSmart reserves the right to review materials posted to the Site, including to any blogs, and to remove and/or edit any materials in its sole discretion. You agree only to post, send, and receive messages and materials that are lawful and relevant to the Site.

You agree not to upload, post, or otherwise transmit via the Site any information that: (i) includes unauthorized disclosure of personal information; (ii) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to CubeSmart or other users of the Site; (iii) is hateful or is discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age; or (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. In addition, you agree not to harvest any email addresses from the Site for the purpose of sending email in violation of the law or this Agreement. You understand that by using the Site, you may be exposed to content from others that is offensive, indecent, or objectionable.

Customer Accounts:

As a Site user or customer (collectively, “Customer”), or as the owner, manager, or operator of a self-storage facility that is part of the CubeSmart Network Program (collectively “Operator”), you will represent yourself accurately and truthfully at all times. You grant to CubeSmart the right to independently verify any information that you post on the Site about yourself, although CubeSmart does not routinely undertake any verification. CubeSmart reserves the right to constitute classes of users of the Site, granting access to certain areas of the Site only to certain users.

For services on the Site that require you to open an account or to apply to be a Network Program Operator, you must complete the registration process by providing us with true, current, complete, and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete, and accurate. You may also choose a password and a user name. You are responsible for maintaining the confidentiality of any password(s) you select or are given to access any part of the Site. You are entirely responsible for any and all activities that occur under your account, and agree to notify CubeSmart immediately of any unauthorized use of your account or any other breach of security. CubeSmart will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be responsible for losses incurred by CubeSmart or another party due to someone else using your account or password. You may not use anyone else's account without the permission of the account holder. You agree not to provide any information that is false, inaccurate, out of date, or incomplete. CubeSmart may suspend or terminate your account and refuse any and all current or future use of the Services on the Site or any portion thereof if you violate this Agreement or for any reason, in CubeSmart’s sole discretion, with or without notice.

Information and Content Submitted by You:

You are solely responsible for all items that you upload, post, or otherwise transmit via the Site. CubeSmart does not claim ownership of such items and has no obligation of any kind with respect to such items. CubeSmart will be free to use or disseminate such items on an unrestricted basis for any purpose, and you hereby grant to CubeSmart and all other users of the Site an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish, and otherwise exploit such items (including in digital form) alone or as part of other works in any form, media, or technology whether now known or hereafter developed.

CubeSmart WILL TREAT ANY ITEMS THAT YOU UPLOAD, POST, OR OTHERWISE TRANSMIT VIA THE SITE AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.

No compensation will be paid with respect to the use of any items that you upload, post, or otherwise transmit via the Site. CubeSmart is under no obligation to post or use any such items and CubeSmart may remove any such items at any time in its sole discretion. You represent and warrant that: (i) you are the copyright owner of such items, or that the copyright owner of such items has granted to you permission to use such items consistent with the manner and purpose of your use and as otherwise permitted by this Agreement and the Site; (ii) you have the rights necessary to grant the licenses and sublicenses described in this Agreement; and (iii) that each person depicted in such items, if any, has provided all required consent to the use of such depictions as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such depictions.

NEITHER CubeSmart NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMONSTRATIONS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN CubeSmart'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO CubeSmart. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO CubeSmart OR ANYONE AT CubeSmart. IF, DESPITE OUR REQUEST THAT YOU NOT SEND TO US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT CubeSmart MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

You agree to indemnify, defend, and hold harmless CubeSmart and its subsidiaries, affiliates, parent companies, officers, managers, members, agents, co-branders, partners, licensors, and employees from any claim or demand, including, without limitation, court costs and reasonable attorneys’ fees, made by any third party relating to or arising out of: (i) items you upload, post or otherwise transmit via the Site; (ii) your use of the Site, including any use by your employees; (iii) your connection to the Site; (iv) your violation of this Agreement; or (v) your violation of any rights of another.

Links:

Links to or from other Internet sites may be included at times as a convenience to the user. These sites have not necessarily been reviewed by CubeSmart and are maintained by third parties over which CubeSmart exercises no control. Accordingly, CubeSmart expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and / or software downloaded from these third-party web sites. Moreover, these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and CubeSmart takes no responsibility for them.

Disclaimer of Warranties:

ALL CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE CubeSmart NETWORK PROGRAM (INCLUDING MI-NETWORK), TRADEMARKS, AND ANY SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CubeSmart AND ITS AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO ANY CONTENT AND SERVICES AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. CubeSmart DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THE SITE (INCLUDING ANY SOFTWARE) OR ANY DATA ON THE SITE OR ANY SERVICES IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT, DATA, OR SERVICES WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT, DATA, OR SERVICES AND THE SERVERS ON WHICH THE SITE, CONTENT, AND SERVICES ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, CubeSmart DISCLAIMS ANY OBLIGATION TO MAINTAIN THE SITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITE AND THE CONTENT AND SERVICES IT PROVIDES. THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS PROVIDED HEREIN APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Limitation of Liability:

UNDER NO CIRCUMSTANCES WILL CubeSmart OR ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, OFFICERS, MANAGERS, MEMBERS, AGENTS, CO-BRANDERS, PARTNERS, LICENSORS, EMPLOYEES, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “CubeSmart PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CubeSmart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (B) THE USE OR THE INABILITY TO USE ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED; (C) THE CONTENT OF THIS SITE OR OTHER WEB SITES TO WHICH THIS SITE IS LINKED; (D) ANY VIRUSES OR HARMFUL COMPONENTS DERIVED FROM THIS SITE OR ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED; (E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; OR (H) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF THE CubeSmart PARTIES IN CONNECTION WITH THE CubeSmart NETWORK PROGRAM, INCLUDING MI-NETWORK (BUT SPECIFICALLY EXCLUDING THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE CubeSmart PARTIES) SHALL BE A REBATE OF THE APPLICABLE CHARGES FOR THE SERVICES.

Choice of law and venue:

This Agreement and the relationship between you and CubeSmart shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and CubeSmart agree to submit to the personal and exclusive jurisdiction of the courts located within Chester County, Pennsylvania.

Notices:

Except as otherwise expressly provided in this Agreement, CubeSmart may provide notice to you via email, regular mail, or posting notices or links to notices on the Site.

Amendment:

CubeSmart may change this Agreement, including the Privacy Policy, the Copyright Infringement Notice Policy, and the Trademark Usage Guidelines, at any time, effective immediately. You understand that CubeSmart reserves the right to make these changes and that you are responsible for regularly reviewing these terms. Your continued access to or use of the Site after any change will constitute your consent to the change. In some cases, if in the reasonable view of CubeSmart, a change to this Agreement (including to the Privacy Policy, Copyright Infringement Notice Policy, or Trademark Usage Guidelines) constitutes a material change, such a change will not take effect until 30 days after notice is provided by email, posting to the Site, or otherwise, during which time you may notify us that you do not accept the change. Your continued use of the Site after such 30 day period will mean that you accept any such change. Unless explicitly stated otherwise, any new features that change or improve the Site will be subject to this Agreement, as modified from time to time. No modification of this Agreement will be binding on CubeSmart unless posted by CubeSmart, or unless adopted in writing and signed by someone authorized to act on behalf of CubeSmart.

Termination:

CubeSmart reserves the right at any time to modify, suspend, or terminate the Site (or any part thereof), with or without notice. CubeSmart will not be liable to you or to any third party for any modification, suspension, or termination of all or any portion of the Site, or loss of related information. CubeSmart reserves the right in its sole discretion to terminate or restrict your access to and use of the Site, or any part of the Site, without notice, for any or no reason, and without liability to you or any third party. The portions of this Agreement relating to Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, and Choice of Law and Venue, and all terms of this Agreement which by their nature should survive, including those terms specific to the CubeSmart Network Program, including mi-Network, shall survive the termination or expiration of this Agreement.

General Terms:

You may not assign or otherwise transfer this Agreement or any right granted hereunder. You agree that any material breach of this Agreement will result in irreparable harm to CubeSmart for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CubeSmart will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CubeSmart seeks such an injunction.

Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of this Agreement will remain in full force and effect.

CubeSmart’s performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CubeSmart’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CubeSmart with respect to such use.

A printed version of this Agreement and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Additional Terms Specific to CubeSmart Network Program including mi-Network:

The owner, manager, or operator of a self-storage business that wishes to participate in CubeSmart’s Network Program, including, without limitation, mi-Network, must expressly agree to this Agreement, including the terms below, by clicking the “I Agree” button on the Network Program application page of the Site.

1. For the purposes of these Additional Terms, the following capitalized terms shall be defined as follows:

  (a) “Customer” shall mean each visitor to the Site or caller to USI’s call center that (i) reserves one or more units at a Network Location or (ii) is referred by USI to a Network Location.

   (b) “mi-Network Services” shall mean the services offered on the mi-Network portions of the Site.

   (c) “Network Program Effective Date” shall mean the date Operator expressly agrees to this Agreement by clicking, “I Agree” after completing the online application form.

   (d) “Network Location” shall mean the self-storage facilities that are owned or operated by Operator and that are subject to the Program.

   (e) “Network Program” shall mean the Program, the mi-Network Services, and any other services offered on the Network Program portion(s) of the Site.

   (f) “Program” shall mean the program run and operated by USI wherein leads, referrals, and confirmed reservations are obtained by USI and forwarded or otherwise transmitted to Operator.

   (g) “Operator” shall mean each owner, manager, or operator of a self-storage business that is participating in the Network Program, and that has expressly agreed to this Agreement by clicking “I Agree” on the Network Program application page of the Site.

   (h) “Referral Fee” shall mean the fees, commissions, and other charges for each Customer applicable to the Program and set forth on the Site.

   (i) “Service Fee” shall mean the fees, commissions, and other charges applicable to the mi-Network Services and (i) set forth on the Site or (ii) described in any proposals or other materials signed by USI and Operator.

   (j) “Fees” shall mean a collective reference to the Referral Fee and Service Fee.

   (k) “USI” shall mean U-Store It Trust.

   (l) “USI Marks” shall mean any graphic image, text, logo, trademark, service mark, or other source identifiers of USI or its affiliates, including the marks identified in the Trademark Usage Guidelines and any derivatives thereof.

2. Services and Obligations. Operator shall have a dedicated electronic mail account and internet access to participate in the Network Program, which shall be monitored on a regular basis by Operator. Operator shall be solely responsible for uploading specific information about each Network Location to the Site, including, without limitation, pricing, unit sizes, and availability and for otherwise providing true and correct information to USI in connection with the Network Program. USI shall have no liability, obligation, or responsibility for the content and information uploaded by Operator to the Site or otherwise provided by Operator in connection with the Network Program. All communications between Operator and USI shall be made through electronic mail. Operator’s participation in the Network Program is nonexclusive to Operator and Operator acknowledges that the size and members of the Network Program shall be established solely by USI. Operator agrees to be bound by this Agreement as well as any additional rules or regulations of the Network Program that are posted on the Site, including without limitation, USI’s Privacy Policy, Copyright Infringement Notice Policy, and Trademark Usage Guidelines, as in effect from time to time. USI may process Customer transactions through the Site or USI’s call center; however, any and all agreements, sales, rentals, or other transactions are solely between Operator and Customer and USI is not liable therefor. Further, USI is not liable for any mi-Network Services provided by unaffiliated third parties. USI makes no representations, warranties, or covenants of any kind or nature that Owner’s participation in the Program will produce any Customer referrals or reservations for Operator.

3. Representations and Warranties. Operator hereby represents and warrants to USI that: (a) it has the right, power, and authority to enter into this Agreement and to perform its obligations as set forth in this Agreement; (b) it is under no obligation or restriction that does or would interfere or conflict with its obligations under this Agreement, nor will it assume any such obligation or restriction; and (c) the information provided by Operator in connection with this Agreement is true, correct, and complete.

4. Term. Each Operator’s participation in the Network Program will commence on the Network Program Effective Date for such Operator. Either Operator or USI may terminate Operator’s participation in the Network Program for any reason or for no reason at any time upon thirty (30) days prior written notice to the non-terminating party. Additionally, USI may terminate Operator’s participation in the Network Program immediately, without advance notice, if USI discontinues the Network Program or if Operator is in violation of this Agreement. Upon termination of Operator’s right to participate in the Network Program, USI shall remove all links to the Network Location from the Site and Operator shall cease any permitted use of the USI Marks. Paragraphs 3, 5, 7, 8 and 9 of this Agreement, and any other indemnifications and/or obligations that would reasonably be deemed to survive shall survive termination of this Agreement.

5. Fees/Taxes. Operator agrees to pay to USI all applicable Fees for its participation in the Network Program on the dates and times specified on the Site or in any other written agreement between Operator and USI. USI may change any of the Fees on prior notice to Operator, which notice may be posted on the Site. Any Fees not paid in full within thirty (30) days after such Fees are due may, at USI's option, be subject to interest charges of 1.5% per month and collection charges. Any taxes applicable to services provided through the Program (excluding income taxes payable by USI) shall be paid by Operator.

6. Notice. Any and all notices to USI shall be delivered through electronic messaging on the Site and shall be deemed delivered upon receipt of a confirmation of delivery from USI. All notices to Operator shall be delivered to Operator at the email address Operator provides to USI when signing up for the Network Program. Any changes to Operator’s email address shall be made by notice to USI through the Site.

7. Indemnity. Operator agrees to indemnify, defend, and hold harmless USI, its parent, subsidiaries, affiliates, successors, and assigns and their respective officers, directors, shareholders and employees, from and against any and all losses, liabilities, damages, actions, claims, expenses and costs including, without limitation, court costs and reasonable attorneys’ fees, which result or arise from or are based on (i) the negligence of Operator, its agents, servants, and/or employees, (ii) Operator’s breach of this Agreement or any of the terms hereunder, or (iii) any claim related to a Network Location, including without limitation any claims made by a Customer.

8. No Franchise. Nothing contained in this Agreement or in Operator’s participation in the Network Program shall grant or otherwise operate or be implied to grant any rights under any franchise law, partnership, joint venture, agency, or other form of agreement or relationship except as expressly set forth herein. It is expressly understood and agreed that participation in the Network Program is voluntary on the part of Operator and is at the sole discretion of USI, and Operator’s rights hereunder may be terminated solely in accordance with the provisions of this Agreement.

9. Use of USI Marks. Operator shall have no right to use, modify, or create derivatives of any of the USI Marks or any confusingly similar mark, except as expressly permitted by USI in writing in advance, or as otherwise permitted by the Trademark Usage Guidelines or otherwise by law. Operator agrees not to acquire or use any domain names or advertising keywords that consist of or incorporate the terms “ustoreit” or “patriot self storage” regardless of how punctuated, except as may be expressly permitted by USI in writing in advance. Operator further agrees not to use the USI Marks in a false, competitively adverse, or poor light. USI reserves all right, title, and interest in and to the USI Marks, along with any intellectual property rights associated with any of the foregoing, and no title or ownership of any of the foregoing is transferred to Operator or any other entity or person under this Agreement.

Terms of Use Effective Date: November 9, 2010

CubeSmart’s® trademarks, service marks and trade dress (collectively, “Trademarks”) are valuable intellectual property assets, and they should only be used pursuant to CubeSmart’s Trademark Usage Guidelines. Nothing in these Guidelines grants the right to use any CubeSmart Trademarks in any manner or to acquire any domain names that include any CubeSmart Trademarks. These Trademark Usage Guidelines may be modified by CubeSmart from time to time, in CubeSmart’s sole discretion. Licensees of CubeSmart and other third parties may be subject to additional use restrictions.

Use of CubeSmart Trademarks

CubeSmart Trademarks should only be used to refer to CubeSmart products and services, and only in a manner that is true, accurate, not misleading and fair.

The CubeSmart company logo and its trade dress should not be used without the company’s express written authorization. Likewise, its trademarks and service marks should not be used in their stylized form without the company’s express written authorization; they should be used only in standard text with initial caps or all caps.

The CubeSmart Trademarks should be presented in a manner that makes them stand out from the text around them, such as in initial caps or all caps. Use an appropriate trademark symbol and/or trademark acknowledgement of CubeSmart’s ownership of the Trademarks. Use ™ (for “trademark”) or SM (for “service mark”) for unregistered marks or ® for registered marks, and/or use the following form of acknowledgement: “CubeSmart and the company logo are trademarks of CubeSmart.”

Do not use a CubeSmart Trademark as a noun, in a plural form, or in a possessive form. A CubeSmart Trademark should not be used in a generic or descriptive fashion. A Trademark should be used as an adjective, followed by the appropriate noun, such as: “CubeSmart products and services help you organize your property.”

Do not incorporate CubeSmart Trademarks into marks of other companies, organizations or individuals, do not modify the Trademarks in any manner, and do not join the Trademarks together to other words, names, symbols, numbers or phrases. The Trademarks should not be translated into another language

CubeSmart Trademarks

CubeSmart is developing new products and services, and anticipates that it will launch new trademarks, service marks and trade dress designs in the future. CubeSmart Trademarks currently include, but are not limited to:

CubeSmart
PATRIOT SELF STORAGE
BOXKEEPERS
BOXKEEPERS & DESIGN
STORAGE. SERVICE. SOLUTIONS.
YOU SAVE IT
YOU WANT IT, YOU NEED IT
WE’VE GOT THE SPACE YOU NEED
IS THE LACK OF STORAGE SPACE DRIVING U NUTS?
MI-NETWORK
YOUR ONLINE LEARNING CENTER
STORAGE ASSET MANAGEMENT
SAM

CubeSmart® is committed to respecting the privacy and security of any information you share with us online. We take commercially reasonable steps to handle personal information responsibly and we only use such information to provide the services or complete the transactions that you request. By using the CubeSmart web site, the Network Program web site, and/or the mi-Network web site (collectively, the “Site”), you consent to the terms of this Privacy Policy (“Policy”), together with the Terms and Conditions Agreement for this Site.

The foregoing Policy is effective as of July 1, 2013.

TRUSTe

TRUSTe online privacy certification
CubeSmart has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program does not cover information that may be collected through downloadable software. The TRUSTe program covers only information that is collected through this Web site, http://www.cubesmart.com. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@cubesmart.com. If you are not satisfied with our response you can contact TRUSTe here.

Information Collected by CubeSmart

CubeSmart only collects your personal information through this Site when you choose to provide such information. This Policy does not address personal information that you provide to us in other contexts (e.g., through a business relationship not handled through this Site or through a job application). Personal information can include your name, address, telephone number, email address, and / or credit card number and expiration date (for online bill payment and purchases). By providing your personal information on-line, you consent to allow CubeSmart to use that information in accordance with this Policy.

You may review and request changes to your personal information that CubeSmart has collected, including the removal of your personal information from CubeSmart's databases, by writing to privacy@cubesmart.com. Complete removal of all information may not be immediate, however, and in some instances, it may not be possible to delete all archival copies of this information. Further, to the extent you remain a customer of CubeSmart, an owner, manager or operator of a self-storage facility that is part of the CubeSmart Network, and/or otherwise maintain a business relationship with CubeSmart, we will retain your information for as long as your account is active, and/or for as long as we deem necessary to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.

CubeSmart does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to rent storage or make purchases. If you are under 13, you should not attempt to create an account or send any information about yourself to us, including your name, address, phone number, or email address. If you believe that CubeSmart may have any information about a child under 13, please contact us at privacy@cubesmart.com.

How we use this information:

CubeSmart uses your personal information to:

  • respond to your inquiry regarding reserving a unit;
  • enable you to make a bill payment online;
  • enable you to purchase products and services online through the mi-Network web site;
  • offer you CubeSmart specials and discounts;
  • provide you with CubeSmart services and information relevant to those services and to our Site;
  • facilitate customer transactions with unaffiliated third-party storage companies that are part of the CubeSmart Network;
  • develop new CubeSmart services.
Third Party E-Commerce Solutions Provider

We collect billing information directly from you on our check out page, which we host. Your billing information is automatically passed on to our e-commerce solutions provider through a Secure Socket Layer Web Service for the purpose of processing your order. Neither company uses this information for any purpose other than processing your order.

Other technologies

CubeSmart may also use other technologies to track how visitors use our Site. This data is non-identifiable but helps us to determine which pages users view and how they are directed to our Site. Such technologies may include, but are not limited to:

  • Cookies
    Cookies are pieces of information that a web site transfers to a user’s computer for purposes of storing information about a user’s preferences. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. Many web sites use cookies as a standard practice to provide useful features when a user visits the site and most web browsers are set up to accept cookies. CubeSmart uses cookies to improve your online experience when visiting our Site. You can set your browser to refuse cookies, but some portions of the Site may not work properly if you refuse cookies. The use of cookies by our tracking utility company and service providers is not covered by our privacy policy. We do not have access or control over these cookies. Our tracking utility company and service providers use both session ID and persistent cookies to make it easier for you to navigate our site. Our third party partners also employ clear gifs (a.k.a. Web Beacons), images, and scripts that help them provide relevant product information. We do not tie the information gathered to our Customers’ or Users’ personal information.
  • DoubleClick DART Cookies
    The DoubleClick DART Cookie is a specific type of cookie used by Google as part of the Google AdSense program. Google uses these cookies to enable itself and its partners to serve ads to users based on their visit to the Site and/or other third-party sites on the Internet. For more information on the DoubleClick DART Cookie, or to opt out of the use of the DoubleClick DART Cookie, please visit http://www.google.com/privacy_ads.html.
Widgets

Our Web site includes Widgets, which are interactive mini-programs that run on our site to provide specific services from another company (e.g. displaying the news, opinions, music, etc.). Personal information, such as your email address, may be collected through the Widget. Cookies may also be set by the Widget to enable it to function properly. Information collected by this Widget is governed by the privacy policy of the company that created it.

Security

Wherever your personal information may be held by CubeSmart or on its behalf, we take reasonable and appropriate steps to secure the information that you provided from unauthorized use or disclosure. The information you provide to access your account and make bill payments or purchases is protected using industry standard e-commerce security technology such as Secure Sockets Layer (SSL) encryption technology. Please note that, while CubeSmart has endeavored to create a secure and reliable Sites for users, the security and confidentiality of any communication transmitted to or from CubeSmart via the Site or email cannot be 100% guaranteed. Accordingly, CubeSmart is not responsible for the security and confidentiality of information transmitted via the Internet.

  • CubeSmart does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested (including our use of responsible third party vendors), when we have your permission, or under the following circumstances:
    • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims
    • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of CubeSmart's terms of use, violations of CubeSmart.com’s Terms and Conditions Agreement, or as otherwise required by law.
    • We reserve the right to disclose and transfer your personal information in connection with the sale, assignment, or other transfer of CubeSmart’s business or with the material assets of CubeSmart’s business, or in connection with CubeSmart’s merger with another entity.
  • We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
  • We limit access to personal information about you to personnel who reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
  • We use industry standard physical, electronic, and procedural safeguards to protect personal information about you.
  • If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps, although we are not committing to do so except as required by law. By using this Site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Site. We may post a notice on our Site if a security breach occurs. If this happens, you will need a web browser enabling you to view the Site. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or withdraw your consent from receiving electronic notice) you should notify us at privacy@cubesmart.com.

Customer Testimonials/Comments/Reviews

We post customer testimonials/comments/reviews on Site, which may contain personal information. We do obtain the customers' consent to post their name, initials or other identifying information posted along with their testimonials via email or other writing prior to posting the testimonials.

Any information and other content (including written works, photos and videos) that you post to the Site will become public information. We cannot control the use of the information and other content that is disclosed publicly, such as on our blogs. You should exercise caution when disclosing information or other content through public pages or blogs, and should refrain from disclosing personal information that you consider to be sensitive. To request removal of your personal information from our blog or community forum or if you wish to update or delete your testimonial, contact us at privacy@cubesmart.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Referrals

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. CubeSmart stores this information for the sole purpose of sending this one-time email. Your friend may contact us at privacy@cubesmart.com to request that we remove this information from our database.

Contact Preferences

When you provide CubeSmart with your contact information, you agree that we may communicate with you about topics of your choosing and send you marketing communications.Generally, when we contact you, we will try to provide you with an easy and convenient way to notify us if you would like further similar communications. To “opt-out” of any further e-mail or contact, send a request to privacy@cubesmart.com. CubeSmart will make a good faith effort to comply with such written request within thirty days of receipt of the request.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our privacy policy page prior to the change becoming effective.

International Visitors

This Site is hosted in the United States and is intended for United States visitors. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring your personal data to the United States and by providing your personal data you are consenting to that transfer. When you provide personal data to CubeSmart or our service providers or vendors, you consent to the processing of your data in the United States as the Site is operated in the United States.

Questions or Concerns

If you have any questions or concerns regarding our privacy policy please email us at privacy@cubesmart.com.

  • Our Site includes links to other Web sites whose privacy practices may differ from those of CubeSmart. If you submit personal information to any of those sites, your information is governed by their privacy policies. This Policy does not apply to the practices of companies that CubeSmart does not own or control, or to people that CubeSmart does not employ or manage. In addition, some companies that CubeSmart has acquired have their own, preexisting privacy policies, which may be viewed on our acquired companies’ pages.
  • Please also visit the Terms and Conditions Agreement section of our Site, incorporated here by reference, which explains other important terms governing your use of our Site.
  • You may also contact us at:
    CubeSmart
    5 Old Lancaster Road
    Malvern, PA 19355
    610-293-5700


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