WebSelfStorage Application End User License Agreement

IMPORTANT – PLEASE READ CAREFULLY:

This End-User License Agreement (this "Agreement") is a legal agreement between "We", "Us", "Our" - eMove, Inc. d/b/a U-Haul Self Storage Affiliate Network and "You", "Your", "User" (an individual, entity, organization or corporation who, pursuant to this License Agreement, is granted a license to use one of our application products, as further described below and/or on the App page on which such product is available for download (each, an “Application” or “App”, and collectively, “Applications” or “Apps”).

YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING THE “ACCEPT” BUTTON ASSOCIATED WITH THIS AGREEMENT OR BY DOWNLOADING,INSTALLING, COPYING, OR OTHERWISE USING THE APPLICATIONS TO WHICH THIS AGREEMENT RELATE. YOU REPRESENT AND WARRANT THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS WITHOUT EXCEPTION. IF YOU DO NOT AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT, YOU MAY NOT INSTALL, COPY, OR USE, AND YOU MUST IMMEDIATELY DELETE ALL COPIES OF, THE APPLICATION FROM ANY AND ALL OF YOUR DEVICES.

Description of Application. We offer for download certain Apps which enable you to exchange information between QuickBooks and WebSelfStorage. The specific App to which this Agreement is being accessed by you is referred to hereunder as “the Application” or “the App”.

NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter set forth, the parties agree as follows:

Grant of License -- Provided that you have complied with, and that you continue to comply with, all of the provisions of this Agreement, We hereby grant you a limited, non-transferable, and non-assignable object code license to install, run, access and use the Application in object code form only for the purposes described in this Agreement or otherwise as may be instructed or described by Us in writing. This License requires that Your use of the App be specifically limited to use by You and Your authorized users solely for Your business purposes and for those purposes for which the App is intended. The App shall not be used in the operation of a service bureau or for the benefit of any other person or entity.

Reservation of Rights And Ownership; Third Party Content. The App is owned by Us. We reserve all rights related to the App which are not expressly granted to You in this Agreement. All content in this App (“Site Materials”), including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Us, our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services in this App. You agree not to remove, conceal or otherwise modify any copyright, trademark or other proprietary notice or source identifier contained in or associated with the Application. We cannot and do not guarantee access to information or other content belonging to any third party which is accessible by you through the Application or the website from which the App is being downloaded, or otherwise.

Usage Restrictions. You agree that you shall not, and that you shall not permit any other person, directly or indirectly, to: (a) sell, resell, transfer, assign, distribute, copy, reproduce, republish, upload, post, publish, transmit, distribute, create derivative works of or otherwise disseminate, exploit or make available any portion or all of the Application, its content or information in anyway (including by e-mail or other electronic means), (b) reverse engineer, decompile, modify, translate or disassemble any portion or all of the Application including without limitation any of its underlying ideas, algorithms or structure, or use any portion of or all of the Application to create new applications, programs, products or services, (c) remove, delete, or otherwise modify any trademarks, service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and/or proprietary notices appearing through the Application (including without limitation the trademark U-HAUL) or any other Trademark (as hereinafter defined) which indicates that a source of goods or services are the property of their respective owners, (d) display the name, logo, trademark or other identifier of any other individual or entity in such a manner as to give the viewer the impression that such other individual or entity is a publisher or distributor of the Application; or (e) sell, lease, charge fees for access to or any use of, the Application. You acknowledge that you do not acquire any ownership rights by using the App.

Without Our prior written consent, your modification of the content, use of the content in any other App or on another website or networked computer environment, or use of the content for any purpose other than intended by this Agreement, violates Our rights and/or Providers’ rights and is prohibited.

If you violate any of these Terms, then in addition to any other remedies that We and Providers may have, your permission to use the App immediately terminates without the necessity of any notice and you shall permanently delete all copies of the Application from your devices or which otherwise are then in your possession. We retain the right to deny use and access to the App to anyone at our discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing in the App, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another App or website any of the content or other materials in the App without prior written consent of Us.

ARBITRATION
BY USING OR ACCESSING THE APP, YOU AGREE TO THE TERMS AND CONDITIONS OF ARBITRATION PROVISION CONTAINED IN YOUR U-HAUL SELF-STORAGE AFFILIATE NETWORK AGREEMENT. WHICH ARE INCORPORATED HEREIN AND MADE A PART OF THESE TERMS.

PRODUCT INFORMATION
Although we strive to ensure the accuracy of the information found in the App, you agree that We and Providers cannot be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided in the App.

GEOGRAPHIC APPLICABILITY OF CONTENT
This App is controlled and operated by Us from our offices in Phoenix, Arizona, United States of America. Information in the App includes descriptions of products and services available in the United States of America and Canada and is not intended for use in other locations. We make no warranty or representation that the content provided is applicable or appropriate for use in other locations. Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this App in violation of U.S. export laws and regulations.

PRIVACY, COOKIES AND DATA
Your trust is important to us and we constantly strive to protect your confidential information. Any personally identifiable data about you which we collect from you in the App, including without limitation, personally identifiable data about you collected during any purchase or rental process, is subject to the Privacy Policy, which can be found at this link: www.webselfstorage.com/PrivacyNotice.

We also may use cookies and other technologies to facilitate and track your use of services offered in the App and in connection with our e-mail communications.

LINKS TO THIS AND OTHER WEBSITES
This App may provide links and access to other websites, apps, content or other information owned by others that may or may not be affiliated with this Website, and that may have terms of use that differ from, or contain terms in addition to, the Terms specified here. Your access to such other websites, apps, content or other information through the App is governed by the terms of use and policies not controlled by the App. The access to these other websites, apps, content or other information is provided for your convenience and information only and, as such, you access them at your own risk. When you access these other websites, apps, content or other information, you understand that it is independent from US and that We have no control over these other websites, apps, content or other information. We make no representations whatsoever about any other websites, apps, content or other information which you may access through the App. We make no representation or warranty as to any third-party products.

You acknowledge and agree that We shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other these other websites, apps, content or other information, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites, apps, content or other information. Further, the treatment of user data by the operators of third-party websites and apps may be different from our treatment of user data. For details regarding such operators' treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.

You may not establish a hyperlink or other connection to this App that states or implies any sponsorship or endorsement

CODE OF CONDUCT
While using this App you agree not to:

  1. Restrict or inhibit any others from using this App, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of this App;

  2. Use this App or its content for any unlawful or unauthorized purpose;

  3. Express or imply that any statements you make are endorsed by us, without our prior written consent;

  4. Engage in spamming or flooding;

  5. Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this App or its content;

  6. "Frame" or "mirror" any part of this App without our prior written authorization;

  7. Tamper in any way with the software or functionality of the App, including, without limitation, transmitting or introducing any software or other materials that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;

  8. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents;

  9. Harvest or collect information about users of the App without their express consent;

  10. Create a database by systematically downloading and storing all or any of the information in the App;

  11. Permit others, including those whose accounts were terminated, to access the App through your account, username or password.

In addition, while using the App and/or the its content, you agree to comply with all applicable laws, rules, and regulations.

DISCLAIMER OF WARRANTIES
THESE TERMS OF USE ARE NOT A CONTRACT FOR SALE, AND THIS APP IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE. INSTEAD, THIS APP IS PROVIDED TO YOU FOR FREE.

THE MATERIALS ON THIS APP ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS APP WARRANT THAT (1) THE FUNCTIONS CONTAINED IN THIS APP WILL BE UNINTERRUPTED OR ERROR-FREE, (2) THAT DEFECTS WILL BE CORRECTED, (3) THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (4) THAT THERE WILL NOT BE TECHNICAL, HARDWARE OR SOFTWARE FAILURES; LOST OR UNAVAILABLE NETWORK CONNECTIONS; AND/OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS.

THERE ARE INHERENT RISKS IN THE DOWNLOADING AND USING OF ANY SOFTWARE, AND WE CAUTION YOU TO MAKE SURE THAT YOU COMPLETELY UNDERSTAND THE POTENTIAL RISKS BEFORE DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION.

You agree that we may change or discontinue the App in our sole discretion and with no prior notice to you. You agree that our sole obligation to you is to provide the App as-is until we decide to modify or discontinue it. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional misconduct or (b) a violation of a consumer protection statute in connection with the App, we shall not be liable to you or to any third party for your use of the App.

LIMITATION OF LIABILITY
AS A CONDITION OF YOUR USE OF THIS APP, YOU AGREE THAT NEITHER WE, NOR PROVIDERS, NOR ANY OF THEIR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTED COMMUNICATIONS, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH:

  1. THE DOWNLOADING, INSTALLING, UNINSTALLING, MODIFYING OR USE OF THIS APP OR THE MATERIALS IN THE APP, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE IN THE APP OR ANY INFORMATION OR MATERIALS FOUND IN THE APP OR HYPERLINKED FROM THE APP, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THIS APP;
  2. GOVERNMENT RESTRICTION, STRIKES, WAR, DISEASE, ANY NATURAL DISASTER OR FORCE MAJEURE, POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR SERVERS, FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND OUR REASONABLE CONTROL LIMITING, PREVENTING OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS APP OR SITE MATERIALS OR OUR ABILITY TO PROVIDE PRODUCTS OR SERVICES IN CONNECTION WITH, OR RESERVED OR ORDERED THROUGH, THIS APP; OR
  3. LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THIS APP, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APP AND/OR SITE MATERIALS CONTAINED WITHIN THIS APP IS TO STOP USING THIS APP AND/OR SITE MATERIALS, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED IN THE AGGREGATE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP OR SITE MATERIALS.

INDEMNIFICATION
You are fully responsible for how you use this App. You may not share your log-in information or passwords with anyone else, but if you do you are fully responsible for how they use the App too. You agree to indemnify, defend, and hold harmless We and the Providers and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all claims, demands, actions, proceedings, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, that arise as a result of (a) your breach of this Agreement, including without limitation your use of the Application in any manner not expressly permitted hereunder, or (b) your negligence or misconduct, or (c) your violation of any law or regulation.

CUMULATIVE REMEDIES
Our rights and remedies under, and/or in connection with, the Agreement are cumulative and may be exercised singly, concurrently, and/or successively in Our sole, absolute discretion.

NO WAIVER OF RIGHTS OR REMEDIES
Any forbearance, delay, or failure by Us in strictly enforcing any requirement of this Agreement, or otherwise exercising any right or remedy, does not constitute a waiver of any such requirement, right, or remedy or of any existing or future breach by you.

THIRD PARTY BENEFICIARIES
This Agreement is for the benefit of Us, Providers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce this Agreement directly against You on Our or their own behalf.

NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.

GOVERNING LAW
Any persons and entities that choose to access or view our App agree that all matters, disputes, or transactions arising from the use of our App shall be governed by the laws of the state identified in Your U-Haul Self-Storage Affiliate Network Agreement.

SEVERANCE OF INVALID TERMS
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US.