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CubeSmart Web Site Terms of Use

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 http://www.cubesmart.com/legal/#privacy, the CubeSmart Copyright Infringement Notice Policy which can be found at http://www.cubesmart.com/legal/#terms-and-conditions and the Trademark Usage Guidelines which can be found at http://www.cubesmart.com/legal/#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 CubeSmart 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 CubeSmart’s call center that (i) reserves one or more units at a Network Location or (ii) is referred by CubeSmart 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 CubeSmart wherein leads, referrals, and confirmed reservations are obtained by CubeSmart 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 and/or otherwise agreed to by CubeSmart and Operator.
(j) “Fees” shall mean a collective reference to the Referral Fee and Service Fee.
(k) “CubeSmart Marks” shall mean any graphic image, text, logo, trademark, service mark, or other source identifiers of CubeSmart 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 (collectively, the “Operator Content”) and for otherwise providing true and correct information to CubeSmart in connection with the Network Program. Operator hereby grants to CubeSmart, during Operator’s participation in the Network Program, a nonexclusive, royalty-free, worldwide license to use, reproduce, distribute, perform, and display on the Site, in whole or in part, the Operator Content and any other graphics, logos, text, or other material provided by Operator to CubeSmart for placement on the Site in connection with the services provided by CubeSmart to Operator under the Network Program. CubeSmart shall have no liability, obligation, or responsibility for the Operator Content or any other information uploaded by Operator to the Site or otherwise provided by Operator in connection with the Network Program. All communications between Operator and CubeSmart 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 CubeSmart. 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, CubeSmart’s Privacy Policy, Copyright Infringement Notice Policy, and Trademark Usage Guidelines, as in effect from time to time. CubeSmart may process Customer transactions through the Site or CubeSmart’s call center; however, any and all agreements, sales, rentals, or other transactions are solely between Operator and Customer and CubeSmart is not liable therefor. Further, CubeSmart is not liable for any mi-Network Services provided by unaffiliated third parties. CubeSmart 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 CubeSmart 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 CubeSmart 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, CubeSmart may terminate Operator’s participation in the Network Program or any portion thereof immediately, without advance notice, if CubeSmart discontinues the Network Program or any portion thereof or if Operator is in violation of this Agreement. Upon termination of Operator’s right to participate in the Network Program, CubeSmart shall remove all links to the Network Location from the Site and Operator shall cease any permitted use of the CubeSmart 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 CubeSmart all applicable Fees for its participation in the Network Program on the dates and times specified on the Site or in any other agreement between Operator and CubeSmart. CubeSmart 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 CubeSmart's option, be subject to interest charges of the lesser of the maximum amount permitted by law or 1.5% per month and collection charges. Any taxes applicable to services provided through the Program (excluding income taxes payable by CubeSmart) shall be paid by Operator.

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

7. Indemnity. Operator agrees to indemnify, defend, and hold harmless CubeSmart, 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, (iii) any claim related to the Operator Content and/or any other graphics, logos, text, or other material provided by Operator to CubeSmart for placement on the Site or in any Third Party Advertisements (as defined below), or (iv) 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 CubeSmart, and Operator’s rights hereunder may be terminated by CubeSmart at any time.

9. Use of CubeSmart Marks. Operator shall have no right to use, modify, or create derivatives of any of the CubeSmart Marks or any confusingly similar mark, except as expressly permitted by CubeSmart 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 “cubesmart”, “ustoreit” or “patriot self storage” regardless of how punctuated, except as may be expressly permitted by CubeSmart in writing in advance. Operator further agrees not to use the CubeSmart Marks in a false, competitively adverse, or poor light. CubeSmart reserves all right, title, and interest in and to the CubeSmart 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.

10. Optional Third Party Marketing Services. From time to time, CubeSmart may offer services through the Network Program that may include, without limitation, advertising Operator and/or Operator’s services via print, online, and/or other media that may be owned and/or operated by third parties not affiliated with CubeSmart (collectively, “Third Party Advertisements”). If Operator utilizes any such services, then Operator hereby grants to CubeSmart during Operator’s participation in any such services a nonexclusive, royalty-free, worldwide license to use, reproduce, distribute, perform and display, in whole or in part, in any such Third Party Advertisements, the Operator Content and/or any other graphics, logos, text, or other material provided by Operator to CubeSmart for placement in any such Third Party Advertisements.

Terms of Use Effective Date: 7/13/2012