TERMS OF SERVICE
LOCKERFOX.COM
This document describes terms and conditions applicable to your use of the Services (as defined herein) made available by Lockerfox, LLC (“We” or “Us”) at the website www.lockerfox.com (the “Site”).
Section 1: General Terms & Conditions
§1.1 Information and Definitions
Please read and understand the following terms and conditions of use. Your registration on, and use of, the Site implies that you have read and accepted these terms and conditions. Do not use this Site if you do not agree and accept these provisions.
The following terms shall be defined as shown.
A. “You” means the individual accessing the Site and/or your authorized representatives and anyone you provide access to the Site via your username and password for the purpose of viewing, bidding on or entering into a Transaction on the Site.
B. “We”, “Us” and/or “lockerfox.com” refer to Lockerfox, LLC, a registered limited liability company whose principal office is located at 11106 Treynorth Dr., Cornelius NC 28031.
C. “Services” means the content and functionality of the Site which allows You to bid on and purchase storage units being auctioned by storage facilities which utilize the Site to hold lien auction sales.
D. “Site” means the Lockerfox website available online at https://www.lockerfox.com or subdomains of lockerfox.com.
E. “Content” means all listings, text, files, images or other materials posted on, transmitted through or linked from the service.
F. “Additional Agreements” means any additional terms specified by the selling storage facility. These terms are above and beyond the terms of this Site. By placing a bid on the Site for a unit at a specific storage facility, you are agreeing to any additional terms for the storage facility.
G. “Terms and Conditions” means the terms and conditions of use that may change or be modified from time to time. If such changes occur, you will be notified on the Site and your continue use of the Site indicates your agreement to such terms.
H. “Transaction” means any purchase resulting from being the winning bidder of a storage unit available at a self-storage facility. Your completion of the sale at the storage facility, removal of unit contents, and adherence to any Additional Agreements all constitute the Transaction for purposes of these Terms of Use.
§1.2 General Conditions
1.2.1 These Terms and Conditions set forth the general rules and conditions that apply to your use of the Site and any features or Services provided by Us. BY REGISTERING AS A BUYER OR SELLER OR OTHERWISE USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINS HEREIN. These Terms of Use is a legally binding agreement between You and Lockerfox, LLC and, if applicable, the selling storage facility and describes your responsibilities related to your use of the Services. Please read and understand these Terms of Use. By accessing the Site or using the Services, You affirm that You are over 18 years of age and are otherwise capable of forming legally binding contracts. If You do not agree with any part of these Terms of Use, You must not access the Site or use the Services.
1.2.2 We reserve the right at our sole discretion to modify or change the terms and conditions of these Terms of Use at any time. Except as otherwise noted, all changes shall be considered effective then they are posting on the Site. Your continued use of the Services indicates your agreement with the terms and any changes made by Us. It is your responsibility to review these Terms of Use periodically to stay apprised of any changes. Your right to use the Site and its Services is yours and is not transferrable to any other person or entity.
1.2.3 Trademarks. Lockerfox and our logo are trademarks and service marks of Lockerfox, LLC. ALL RIGHTS RESERVED. All other trademarks, service marks, product names, company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names, company names or logos, including the reproduction, modification, distribution or republication, without the prior written permission of the owner of the same, is strictly prohibited.
§1.3 Content
You hereby acknowledge and agree that:
1.3.1 All listings, text, files, images or other materials (“Content”) posted on, transmitted through or linked from the service are the sole responsibility of the person from whom such Content originated. If You list Content on the Service, You are entirely responsible for each individual item of Content that You post or otherwise make available via the Service, as well as for any errors or omissions in them.
1.3.2 We do not control and are not responsible for Content made available through the Service, and that by using the Service You may be exposed to Content that is inaccurate, misleading, offensive or is otherwise objectionable.
1.3.3 The Service and Content may contain links to other websites which are wholly independent of Lockerfox. Lockerfox makes no representation or warranty as to the accuracy, completeness or validity of the information contained in any such link or website. Linking by You to any other website(s) is done at your own risk.
1.3.4 You agree that You must evaluate and bear all risks associated with the use of any Content, that You may not rely on such Content and that under no circumstances will Lockerfox be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.
1.3.5 Lockerfox does not pre-screen or approve Content, but Lockerfox shall have the right, but not the obligation, in its sole discretion, to refuse, delete or modify any Content for violating the spirit of the Terms of Use or for any other reason, for which any fee that was paid for use of the Service will not be refunded.
§1.4 Site Access, Monitoring and Compliance
1.4.1 Access to Services. We do not guarantee continuous or uninterrupted access to the Services. Your internet connection speed will determine page load performance.
1.4.2 No Interference. You agree that You will not use robots, spiders or other automatic or manual processes to monitor or copy our web pages, Content or data without or express written permission. You agree to not use any device or software to interfere with the proper operation of the Site or Services. You agree that You will not take any actions the will impose an unreasonable load on our servers or infrastructure.
1.4.3 Fraudulent Activity. You may not register to use the Services under a false name or use an unauthorized or invalid credit card in connection with the Services. You may not impersonate another user or make use of another user’s account or password.
1.4.4 Monitoring. You agree that We have the right to monitor any form of user activity on the Site or Content linked to or from the Site or Services. We may also investigate any credit card used by You on the Site, and take any action We deem necessary or appropriate including cancelling purchases made by You.
1.4.5 Compliance. The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be conducted by means of the Services.
1.4.6 Web Scraping. Content may not be harvested or downloaded automatically and used for commercial purposes without the written permission of Lockerfox.
Section 2: Additional Buyer Account Terms & Conditions
The following describes the terms and conditions under which We offer the ability to bid on storage auctions being offered by storage facilities. These terms apply when using the Site as a buyer account login.
§2.1 General
2.1.1 We are a venue. We do not conduct live auctions at storage facilities and are not auctioneers. We facilitate the exchange of bids to allow You to participate in storage auctions being held by participating storage facilities. Lockerfox cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items.
2.1.2 Control. We have no control over the items advertised in the storage units available on the Site, or the condition or legality therein. Due to the lien laws in each state, any unit and its content thereof may be removed from the available auctions list at any time.
2.1.3 Release. The actual Transaction of sale occurs between You and the storage facility. You agree to release Lockerfox, LLC from any claims, demands or damages arising out of any dispute with the selling storage facility.
2.1.4 Eligibility. Participating storage facilities have the final say with regards to your eligibility to participate in their auctions, as well as clean out terms and payment terms.
2.1.5 Fees. In consideration of the Services provided by Us, buyers will be charged a ten percent (10%/$10 min.) buyer’s commission charged to their credit card attached to their account at the time the auction closes. In the event a winner defaults on their obligation to remove the contents of a won unit, We will retain the charged ten percent (10%/$10 min.) as an abandonment fee. The winning bid amount is paid directly to the selling facility and in agreement with their Additional Agreements, if any.
2.1.6 Disclosures. Each state may have different requirements with regard to disclosure of storage unit contents. Any pictures, inventory or description of contents is provided by the storage facility and We assume no responsibility for the accuracy of such. You should be aware of local laws governing the process for handling any illegal materials found in any storage unit. You assume sole risk and liability in the event You remove illegal items in violation of local, state or federal laws.
2.1.7 Bidding and Conditions of Sale. Auctions may be cancelled by the storage facility at any time up to the actual purchase of the unit by winner. State lien laws allow the tenant to cure their lien any time prior to sale. The end of bidding on Lockerfox does not constitute a sale. The winning bidder must make payment directly to seller as required and empty and sweep the unit clean.
2.1.8 Site Uptime. We do not warrant that the Services will be available uninterrupted or error free, or that bids will be received or transmitted within any time frame. We do not warrant the performance of any obligations by the selling storage facility. In no event shall We, our partners or vendors be held liable for lost profits or incidental, or consequential damages arising out of the failure of any information, data, or bid to be transmitted in a timely fashion, even if arising from our negligence.
2.1.9 Account Information. You agree to keep current any information associated with your account regarding your name, address, phone number or other data entered in the account management areas of the Site.
2.1.10 You may be presented with Additional Agreements in various places on the Site. You agree to be bound by those agreements and your continued use of the Site and its Services depends upon your agreement with such. Selling storage facilities will specify their Additional Agreements (in particular the time frame within which You must consummate the Transaction at the selling storage facility) on the auction detail page and You are bound by such.
2.1.11 Your account is identified by your email address and is for your use only. All bids made using your account (winning or otherwise) are your responsibility. You are responsible for the confidentiality of your password and are responsible for all actions taken on the Site using your account. If You believe your account’s access have been compromised, please contact Us immediately.
2.1.12 You are allowed only one user account. No individual may have multiple accounts without express permission from Us, and Lockerfox may take technical steps to ensure such.
2.1.13 We are not involved in the actual Transaction of the winning auction bid amount. You agree to appear within the timeframe specified and conduct that Transaction locally at the selling storage facility.
§2.2 Indemnity
2.2.1 You agree to indemnify, defend, and hold Lockerfox and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the “Company Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by You in connection with any use or alleged use of the service under your account by any person, whether or not authorized by You. Lockerfox reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Lockerfox’ defense of such claim.
2.2.2 Lockerfox shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance or interruption of any of the Services. Lockerfox reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time for any reason without prior notice or liability. Lockerfox may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature or Content without prior notice or liability.
§2.3 Site Access, Monitoring and Compliance
2.3.1 Remedies. Without limiting other remedies provided herein or available under law, We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registered user account and/or refuse to provide the Services to You: (i) if You breach these Terms of Use or any of the Additional Agreements it incorporates by reference or which You have separately entered into with Lockerfox; (ii) if We are unable to verify or authenticate any information You provide to Us; or (iii) if We believe that your actions may cause legal liability for You, Us, our other users or other third party business affiliates. Lockerfox retains the right to suspend or terminate a user without cause at our sole discretion. Use of the Site is a privilege, not a right.
§2.4 Specific to the Purchase of Storage Unit Contents by users with Bidder Accounts
This section describes your agreement with regards to the specifics of bidding on, and winning the contents of self-storage units being auctions off per the facilities’ states applicable lien laws. Additional rules may be specified by the facility and are shown on the auction detail page and also apply here, as Additional Agreements.
2.4.1 This public sale is being conducted pursuant to the facilities lien laws regarding tenants who have defaulted on their lease agreement.
2.4.2 To the best of the storage facilities’ belief, none of the property in the unit is subject to a superior lien.
2.4.3 Once Lockerfox determines the winners of an auction, that decision is final.
2.4.4 Storage units will have been opened for inspection and inventory if required by law.
2.4.5 All items contained in the storage units are sold “AS IS” and no guarantee or warrantee is provided.
2.4.6 Payment of the winning bid amount is to be made directly to the storage facility in compliance with their payment policies. Sales tax may be charged.
2.4.7 Storage facilities may charge a cleaning deposit to be left in cash and refunded after unit inspection by the storage facility. The winner is required to completely remove the contents of all won units. Leaving goods behind and sacrificing the cleaning deposit is not allowed and can result in suspension of bidding privileges.
2.4.8 In all cases, the unit must be clean and empty within seventy two (72) hours of the auction close and notification of winner. Facilities may specify a shorter time, check individual auctions.
2.4.9 A buyer’s premium of ten percent (10%/$10 min.) of the winning bid will be charged to the credit card on file at the time of auction close. In the event a winner defaults on their obligation to remove the contents of a won unit, We will retain the charged ten percent (10%/$10 min.) as an abandonment fee.
2.4.10 Duplicate bidder accounts are not allowed. Lockerfox will delete or suspend duplicate accounts at it's sole discretion.
2.4.11 Lockerfox reserves the right to change any screennames it deems offensive or inappropriate, at it's sole discretion.
2.4.12 Lockerfox reserves the right to suspend bidding privileges of any user at it's sole discretion.
2.4.13 Sale is not complete until paid and removed from facility. Facility reserves the right to cancel any sale prior to departure from the facility.
2.4.14 The Bidder acknowledges that in certain circumstances Seller may contact the Bidder and request that certain items be purchased back in order to prevent any court action with said tenant, the Bidder also agrees to sell to Seller such items for (a) the cost at which Bidder purchased such items plus (b) any reasonable actual costs incurred by Bidder in connection with such items.
2.4.15 In the event a winner does not pay for and empty the contents of a won unit, Lockerfox may award it to a runner-up bidder.
2.4.16 Lockerfox may extend an auction, delaying auction close per facility request.
Section 3: Additional Seller Account Terms & Conditions
This section describes your agreement with regards to the specifics of posting the contents of self-storage units for sale. These terms apply when using the Site as a seller account login.
§3.1 General
3.1.1 We are a venue. We do not conduct live auctions at storage facilities and are not auctioneers. We facilitate the exchange of bids to allow You to sell storage units at your storage facilities. Lockerfox cannot guarantee the ability of bidders to purchase units.
3.1.2 Release. The actual Transaction of sale occurs between You and the purchaser. You agree to release Lockerfox, LLC from any claims, demands or damages arising out of any dispute with the buyer.
3.1.3 Fees. In consideration of the Services provided by Us, sellers will be charged a ten percent 10% seller premium. Unit cancellation fees may apply. The winning bid amount is paid directly to your facility and in agreement with your Additional Agreements, if any.
3.1.4 Disclosures. You should be aware of local laws governing the process for handling any illegal materials found in any storage unit.
3.1.5 Site Uptime. We do not warrant that the Services will be available uninterrupted or error free, or that bids will be received or transmitted within any time frame. We do not warrant the performance of any obligations by the buyer. In no event shall We, our partners or vendors be held liable for lost profits or incidental, or consequential damages arising out of the failure of any information, data, or bid to be transmitted in a timely fashion, even if arising from our negligence.
3.1.6 Your account is identified by your email address and is for your use only. You are responsible for the confidentiality of your password and are responsible for all actions taken on the Site using your account. If You believe your account’s access have been compromised, please contact Us immediately.
§3.2 Indemnity
3.2.1 You agree to indemnify, defend, and hold Lockerfox and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the “Company Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by You in connection with any use or alleged use of the service under your account by any person, whether or not authorized by You. Lockerfox reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Lockerfox’ defense of such claim.
3.2.2 Lockerfox shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance or interruption of any of the Services.
§3.3 Site Access, Monitoring and Compliance
3.3.1 Remedies. Without limiting other remedies provided herein or available under law, We may immediately issue a warning or temporarily suspend features of your registered user account and/or refuse to provide the Services to You: (i) if You breach these Terms of Use or any of the Additional Agreements it incorporates by reference or which You have separately entered into with Lockerfox; (ii) if We are unable to verify or authenticate any information You provide to Us; or (iii) if We believe that your actions may cause legal liability for You, Us, our other users or other third party business affiliates; or (iv) if you have invoice amounts due past 90 days.
§3.4 Specific to the Posting and Sale of Storage Unit Contents by users with Seller Accounts
3.4.1 Lockerfox is a venue for participating self-storage facilities to post storage unit contents for sale. Postings by storage unit tenants is not allowed and will not be approved.
3.4.2 Storage lien laws vary from state to state. It is your responsibility to familiarize yourself with your state’s storage lien laws and consult with your attorney before listing your lien sale on Lockerfox.
3.4.3 Content posted by sellers must be consistent with our standards. Clear photos and accurate descriptions are required to ensure the smooth operation of the process. Posting of units at facilities that you do not own or manage is not allowed. Posting of units at facilities that are not Lockerfox customers is not allowed. Lockerfox will cancel at their sole discretion units that do not meet our standards and suspend such customers from further posting.
3.4.4 Sellers agree that units will contain the same goods, in the same positions and condition as shown in posted photos, when buyer arrives to conduct the purchase. Buyers are under no obligation to purchase a unit that has missing items.
3.4.5 Sellers are encouraged to use properly installed lock tags (clasp fully pushed in) on posted units and upload a photo of the installed tag. Lockerfox provides tags for customers on Pro and Premium plans.
3.4.6 Sellers agree to conduct the sale and interactions with our bidders in a professional manner. Seller MUST check their property management software or other internal records to verify that a unit can be sold before conducting the transaction.
3.4.7 Sellers agree to cancel any units on Lockerfox where payment is taken or sale is otherwise halted.
3.4.8 Sellers must disclose in the unit description if a unit is known to have been flooded or contents fire damaged.
3.4.9 When posting non-lien units (manager's units), facility should be aware posting trash units is not allowed.
3.4.10 Posting units without photos of the contents (just a photo of the door down) is not allowed. Lockerfox does not allow posting of mystery units.
