CubeSmart Privacy Notice For California Residents

For residents of the State of California (“consumers” or “you”), this Privacy Notice for California Residents supplements the information contained in the Privacy Policy available on the website or mobile application from which you accessed this Notice (the “Site”), and in any other privacy notice we provided to you at the point where we collect your personal information. California’s Consumer Privacy Act of 2018 (the “CCPA”) requires that we tell you about the categories of personal information collected by CubeSmart and its affiliates (“CubeSmart”“we”“us” or “our”), the sources from which we collect personal information, the categories of your personal information that we share, and the kinds of third parties with whom we share your personal information. We have set out that information in this Notice to comply with the CCPA and any terms defined in the CCPA have the same meaning when used in this Notice.

Please note that this Notice does not apply to personal information that we collect from employees or job applicants, or from owners, directors, officers, or contractors of CubeSmart in the course of our provision or receipt of business-related services.

I. Data Collection Notice

CubeSmart collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household (“personal information”). In particular, we collect the categories of personal information specified below. CubeSmart may use, share, or disclose these categories of personal information for one or more of the following business or commercial purposes.

CategoriesDescriptionPurpose(s)
AIdentifiers (including, without limitation, a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number)A real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number
  • To fulfill the reason you provided the information, such as responding to your inquiries regarding a rental unit, evaluating and processing your rental application, and verifying your information.
  • To maintain, customize, and secure your account with us, and process your requests, purchases, transactions, and payments.
  • To conduct our business, fulfill our legal obligations, and develop and improve our websites, applications, products, and services.
  • To develop and carry out marketing activities in order to keep our customers informed about our products and services.
  • To personalize your consumer experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email or text message.
  • To facilitate consumer transactions with unaffiliated third-party storage companies that are part of the CubeSmart network.
  • To resolve disputes and enforce our agreements, establish or exercise our legal rights, or defend against legal claims.
  • To help maintain the safety, security, and integrity of our websites, systems, products, services, databases and other technology assets, properties, and business.
  • To evaluate or conduct a merger, divestiture, reorganization, dissolution, or other sale or transfer of some or all of our business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets or business transferred.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information.
BCategories listed in the California Customer Records statuteA name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.
CProtected classification characteristics under California or federal lawAge (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
DCommercial informationRecords of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
EInternet or similar network activityBrowsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
FSensory dataAudio, electronic, visual, thermal, olfactory, or similar information.
GProfessional or employment-related informationCurrent or past job history or performance evaluations.
HInferences drawn from other personal informationProfile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

II. Sources of Data and Data Sharing

The chart below shows the categories of sources of the personal information that we use and the third parties with whom we share that information for the purposes described above in this Notice.

Categories CollectedSources of Collection of Personal InformationCategories of Third Parties with Which We Share Personal Information
AIdentifiers (including, without limitation, a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number) • You (directly)
• Service providers
• Third parties
Consumer reporting agencies
• Public records
• Referral sources
• Service Providers
• Debt-collectors and payment processors
• Consumer reporting agencies
• As directed by you
BCategories listed in Cal. Civ. Code § 1798.80(e) (including, without limitation, a name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number) • You (directly)
• Service providers
• Third parties
Consumer reporting agencies
• Public records
• Referral sources
• Service Providers
• Debt-collectors and payment processors
• Consumer reporting agencies
• As directed by you
CProtected classification characteristics under California or federal law (including, without limitation, age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information) • You (directly)
• Service providers
• Third parties
• Consumer reporting agencies
• Public records
• Service providers
• Consumer reporting agencies
• As directed by you
DCommercial information (including, without limitation, Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies) • You (directly)
• Service providers
• Third parties
• Consumer reporting agencies
• Public records
• Service providers
• Debt-collectors and payment processors
• Consumer reporting agencies
• As directed by you
EInternet or similar network activity (such as browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement) • You (indirectly, through passive technologies on the Internet, such as cookies)

• Service providers

• Third parties
• Service providers

• As directed by you
FSensory data (such as audio, electronic, visual, thermal, olfactory, or similar information)• You (indirectly, when calls are recorded for quality assurance purposes)• Service providers
GProfessional or employment-related information (such as current or past job history or performance evaluations) • You (directly)
• Service providers
• Third parties
• Consumer reporting agencies
• Public records
• Service providers
• Debt-collectors and payment processors
• Consumer reporting agencies
• As directed by you
HInferences drawn from other personal information (such as to create a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes) • You (directly)
• Service providers
• Third parties
• Consumer reporting agencies
• Public records
• Referral sources
• Service providers
• As directed by you

III. Sales of Personal Information

While CubeSmart does not monetize your personal information, in the preceding 12 months CubeSmart has “sold” consumer personal information to third parties, as we understand the term “sold” to be defined by the CCPA. In particular, we share personal information with the following third parties for the following purposes:

  • with third-party strategic partners with whom we may enter into a special relationship for promotional activities, where permitted by law; and
  • with our online and email advertisers or other third-party vendors to manage and improve our online and email advertising campaigns. For example, a vendor (e.g., Google, Facebook) may provide us with certain digital advertising pixels or other tools to recognize their cookies during your visit to the Site and to learn which of our online advertisements may have brought you to our Site, or to serve you with advertisements for CubeSmart after you leave the Site. These third-party vendors may also use other digital advertising tools, as well as your personal information, to recognize you across the devices and online services you use.

CubeSmart does not sell the personal information of consumers we actually know are less than 16 years of age without affirmative authorization.

IV. California Rights and Choices

Subject to certain restrictions, the CCPA gives California residents certain rights to request access to personal information that CubeSmart has about you, to request deletion of personal information that we collect and maintain, and to opt-out of the sale of personal information about you. This section describes how you can exercise those rights and our process for handling your requests.

a. Right to Request Access to Your Personal Information

California residents have the right to request a copy of the following: (1) the categories of personal information we collected about you; (2) the categories of sources from which the personal information is collected; (3) the business or commercial purpose for collecting or, if applicable, selling, the personal information; (4) the categories of third parties with whom we share personal information; and (5) the specific pieces of personal information we have collected about you.

To submit a request, please email us at transparency@cubesmart.com or call us at 833-866-1655.

In order to verify you are the person about whom we collected personal information you must log in to your account before making a request, or if you do not have an account, we will verify your identity by matching at least two pieces of personal information provided by you with personal information maintained by CubeSmart that we have determined to be reliable.

If your request involves receiving specific pieces of personal information (rather than categories of personal information), we must first verify your identity by matching at least three pieces of personal information provided by you with personal information maintained by CubeSmart that we have determined to be reliable. Then, you must provide a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

We cannot respond to your request to provide any personal information if we cannot verify your identity using the information provided.

b. Right to Request Deletion of Personal Information

You have the right to request that CubeSmart delete personal information that we collected from you and retained, subject to certain exceptions.

To submit a request, please email us at transparency@cubesmart.com or call us at 833-866-1655. In order to process your request, you must first verify you are the person about whom we collected personal information. If your request relates to non-sensitive information, we can verify your identity by our online account login information, or if you do not have an account, by matching at least two data points provided by you with two data points already maintained by CubeSmart.

If your request involves sensitive personal information, we must first verify your identity by matching at least three pieces of personal information provided by you with personal information maintained by CubeSmart that we have determined to be reliable.

c. Request Processing and Timing

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

Any disclosures we provide in response to data access and/or data portability requests will only cover the 12- month period preceding the receipt of your request. We will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, which in most cases will involve Adobe PDF and comma delineated data files. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

d. Right to Opt-Out of the Sale of Personal Information

You have the right, at any time, to direct CubeSmart not to sell your personal information by submitting a request to us by email at transparency@cubesmart.com or by calling us at 833-866-1655. Please note that we may continue to share your personal information where the disclosure is not a “sale” as defined by the CCPA. For example, we may continue to share information as required to comply with the law.

e. Right to Non-Discrimination for the Exercise of Privacy Rights

California residents have the right to not be discriminated against for exercising their rights as described in this Notice. We will not discriminate against you for exercising your CCPA rights.

f. Designating an Authorized Agent

You may use an authorized agent to submit a request to opt-out of the sale of personal information on your behalf if you provide the authorized agent written permission to do so.

If you use an authorized agent to submit a request for additional disclosures described in Section I or a request for deletion described in Section II, he or she must provide their name, email address, phone number, and written permission from you that includes your contact information. We will contact you using the information provided and verify your identity directly with us. We cannot respond to your request to provide additional disclosures or delete any personal information if we cannot verify your identity and the authorized agent’s authority to make the request on your behalf. Written permission is not required if the agent provides proof of power of attorney pursuant to Probate Code sections 4000 to 4465, or you are submitting the request on behalf of your minor child.

V. Contact for More Information

If you have any questions or concerns about our privacy policies and practices, please do not hesitate to contact us at transparency@cubesmart.com.

VI. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email transparency@cubesmart.com or call 833-866-1655.

VII. Changes to Our Privacy Notice

This privacy notice was last updated on January 1, 2020. CubeSmart reserves the right to amend this privacy notice at its discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our website and update the notice’s effective date.

Terms and Conditions

CubeSmart® welcomes you to the CubeSmart website (the “Site”). These Terms of Use incorporate the CubeSmart Privacy Policy which can be found at www.cubesmart.com/legal/privacy-policy/, the CubeSmart Copyright Infringement Notice Policy which can be found at www.cubesmart.com/legal/copyright-infringement/ and the Trademark Usage Guidelines which can be found at www.cubesmart.com/legal/terms/#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”), 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.

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, 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.

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, 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.

Terms of Use Effective Date: May 15, 2017

Trademark Usage

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
STORAGE. SERVICE. SOLUTIONS.
WE’VE GOT THE SPACE YOU NEED!
CUBESMART STORAGE VALET