U-HAUL SELF-STORAGE AFFILIATE NETWORK TERMS AND CONDITIONS

PLEASE CAREFULLY READ AND UNDERSTAND THESE U-HAUL SELF STORAGE AFFILIATE TERMS AND CONDITIONS (THE “AGREEMENT”) WHICH SETS OUT THE AGREEMENT BETWEEN EMOVE, INC. (D/B/A “U-HAUL SELF STORAGE AFFILIATE NETWORK” OR “USSAN’) AND THE AFFILIATE.

BY ACCESSING AND CREATING AN AFFILIATE ACCOUNT ON THE WEBSITE, AFFILIATE AGREES TO AND ACCEPTS THESE TERMS.

RECITALS

USSAN and Affiliate each acknowledge that through Affiliate’s use and access to the Website (as defined below) and participation in other USSAN Programs, Affiliate will see operational efficiency and cost savings in reservations, point of sale, payments and operational management of its self-storage facility.

This Agreement supersedes and replaces all prior versions, negotiations, or understandings—whether written or oral—relating to the subject matter herein. All definitions, terms, and interpretive provisions contained in this Agreement shall apply automatically to any additional USSAN Program Agreements entered into by the parties under or in connection with this Agreement, unless expressly stated otherwise in such documents.

The Affiliate represents and warrants that it enters into this Agreement on behalf of itself and the Owner and that it has the full authority to do so. This Agreement inures to the benefit of the owner of the particular storage location(s).

1. 1. DEFINITIONS

   1. “Authorized Users” means individuals who are authorized by Affiliate to use the Services. Authorized Users may include the employees, officers, directors, or other designees of Affiliate, including a third-party that manages or operates the storage location(e.g.property manager).

   2. “Affiliate Data” means all information and data(including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to USSAN by or on behalf of Affiliate in relation to the use of the Services.

   3. “Customer” means Affiliate’s customer of the Services.

   4. “Link” is a hypertext, text, banner, logo, graphic, or contextual element that permits a user to go from one party’s website to another party’s website by clicking on that element.

   5. “Services” means the provision of self-storage room rental services through the Website and associated USSAN Programs for Affiliate’s Customers.

   6. “Website” means the designated USSAN website and the webselfstorage Business Platform found at webselfstorage.com

   7. “U-Haul App” means the App found at uhaul.com/App/

   8. “U-Haul Dealer” means an independent business renting U-Haul Equipment.

   9. “USSAN Program(s)” means the provision of optional add-on services offered by USSAN to the Affiliate subject to the additional terms and conditions contained in the applicable USSAN Program Agreement(s).

2. 2. AFFILIATE OBLIGATIONS

   1. 2.1 Affiliate agrees to participate in the network by displaying inventory on uhaul.com and on the U-Haul App. Affiliate agrees to display its unit rental information (i.e. hours of operation, features, prices, sizes and availability) with precise and accurate details.

   2. 2.2 Affiliate agrees to comply with the terms of the Website and Business Platform Terms of Use and the applicable terms and conditions for any optional USSAN Programs selected.

   3. 2.3 Affiliate shall be responsible and liable for its Authorized Users compliance with this Agreement.

   4. 2.4 Affiliate will provide up to date contact information including telephone numbers and e-mail addresses to USSAN.

   5. 2.5 Affiliate acknowledges and agrees to the following:

      1. 2.5.1 The Website functions solely as a neutral venue and online clearinghouse;

      2. 2.5.2 USSAN does not provide Affiliate’s storage room rental services to any Customer;

      3. 2.5.3 USSAN cannot and will not guarantee the ability of a Customer to make payment for any of Affiliate’s storage room rental services;

      4. 2.5.4 USSAN cannot and will not guarantee any number of storage room reservations as a result of participation as an Affiliate;

      5. 2.5.5 Affiliate agrees and acknowledges that when a storage room(s) reservation has been submitted to it by a Customer, the Customer has communicated an offer to Affiliate to enter into a transaction for the storage room(s). When Affiliate accepts the reservation, Affiliate and the Customer have entered into a contract for the storage room(s). Affiliate represents and warrants that Affiliate shall satisfy and perform the transaction according to all agreed terms and conditions with its Customer;

      6. 2.5.6 Affiliate will not cancel more than four (4) reservations in every six (6) month period; and

      7. 2.5.7 All verbal or written communications, correspondence, or any warranties or representations, made with regard to the storage room rental services are not provided by USSAN and are solely between Affiliate and its Customer.

3. 3. USSAN PARTICIPATION FEES

   1. 3.1 Affiliate shall pay the following USSAN participation fees:

      1. 3.1.1 Monthly Affiliate Participation Fee: $ 44.95 per month.

      2. 3.1.2 Monthly Affiliate Participation Fee for current independent U-Haul Dealers: $34.95 per month.

      3. 3.1.3 Storage Room Reservation Fees: $20.00 per confirmed reservation from any source within the U-Haul System, including but not limited to 1-800-GO-U-HAUL, uhaul.com and the U-Haul App.

      4. 3.1.4 Additional fees applicable for participation in any USSAN Programs the Affiliate has selected.

      5. 3.1.5 Affiliate agrees that if a reservation happens on its company website and the Customer is redirected to the designated USSAN Website to complete the reservation, USSAN will charge Affiliate a $20.00 fee for that reservation.

   2. 3.2 All fees specified in these terms and conditions shall be listed and payable in United States Dollars (USD). Electronic payments shall be made by ACH or international wire transfer.

   3. 3.3 The fees described in Section 3.1 do not include any taxes, levies, duties or similar governmental assessments of any nature. Affiliate is responsible for paying all taxes associated with the subscription to the SMS Services, except for taxes based solely on USSAN’s net income. If USSAN has the legal obligation to pay or collect taxes for which Affiliate is responsible under this section, the appropriate amount shall be invoiced to and paid by Affiliate, unless Affiliate provides USSAN with a valid tax exemption certificate authorized by the appropriate taxing authority.

   4. 3.4 Affiliate expressly and irrevocably authorizes USSAN to deposit and/or withdraw from Affiliate’s identified and provided account(s), any fees contemplated by this Agreement (including but not limited to any charge backs, fees, costs, deductions, adjustments and any other amounts owed to USSAN).

   5. 3.5 USSAN may, in its sole discretion, charge a failed payments fee of $25.00 per failed transaction.

   6. 3.6 Affiliate acknowledges that all fee(s) shall be subject to modification depending on the payment terms of the applicable USSAN Program.

4. 4. DATA PROTECTION AND SYSTEM SECURITY

   1. 4.1 Affiliate is solely responsible for the accuracy, quality, integrity, and legality of Affiliate Data and how it acquired or generated Affiliate Data.

   2. 4.2 Affiliate shall prevent unauthorized access to or use of the Services, including prohibiting any third party to access or use its username, password, or account for the Services. Sharing accounts is prohibited. Each individual user requires a unique account.

   3. 4.3 Affiliate is responsible for engaging in practices and safeguards (electronic, administrative and physical) to protect Affiliate Data, including personally identifiable information of any Customers, from unauthorized access, disclosure, use and modification.

   4. 4.4 Affiliate warrants that it has sole responsibility for the security, protection, configuration, and maintenance of its computer systems and local area network (i.e. computers, laptops, tablets, smartphones, operating systems, software applications/plugins, payment terminals, routers, switches, firewalls, wireless access points, storage devices, file servers, printers).

   5. 4.5 Affiliate shall implement and maintain the security, protection, configuration, and maintenance of its computer systems and local area network by doing the following: configuring devices with a firewall, using endpoint protection/antivirus software, installing current vendor security patches, ceasing use of unsupported software and end-of-life operating systems, restricting access to critical systems with secure user authentication procedures, choosing and protecting strong passwords, encrypting wireless networks (if applicable), and implementing administrative and physical access controls.

   6. 4.6 Affiliate is exclusively responsible for performing information security awareness training and educating its Authorized Users about cyber security threats and data privacy practices.

   7. 4.7 Affiliate will provide immediate notice to datasecurity@uhaul.com or by calling us at 1-866-242-7780 if it believes there has or may have been a data breach incident or any threat to the security and protection of its computer systems and/or local area network.

   8. 4.8 The use of the Website is subject to the WebSelfStorage Privacy Notice which governs how USSAN will handle personal information collected by the Website.

5. 5. AFFILIATE ONLINE COMMUNICATION AND ACCEPTABLE USE

   1. 5.1 Affiliate expressly represents and warrants the following: (1) It is the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that it posts on the Website, or; (2) It is the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow USSAN to use Affiliate’s communication, content and/or information and not violate Affiliate’s rights in the same, Affiliate grants to USSAN a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that Affiliate has in its communication, content and/or information.

   2. 5.2 Affiliate further represents and warrants that any and all of Affiliate’s online communication, content and/or information, including any response to or interaction with customer reviews (the “Affiliate Online Communication”):

      1. 5.2.1 Will not violate any federal or state law, regulation, rule or statute;

      2. 5.2.2 Will not violate the terms of this Agreement;

      3. 5.2.3 Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;

      4. 5.2.4 Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain any form of pornography;

      5. 5.2.5 Will not be libelous, threatening, harassing or defamatory;

      6. 5.2.6 Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of the Website, operation of any USSAN systems or create or impose a large burden or load on the Website;

      7. 5.2.7 Will not scan or test the vulnerability or security of the Website or any affiliated company websites or the system within which it operates;

      8. 5.2.8 Will not create liability for USSAN in any manner whatsoever;

      9. 5.2.9 Will not be used for commercial or public purposes outside of the requirements of this Agreement; and;

      10. 5.2.10 Will not frame or link to the Website without the permission of USSAN;

   3. 5.3 Affiliate acknowledges and agrees that the Website acts as a passive conduit for Affiliate Online Communication. Affiliate understands and agrees that USSAN does not and will not ensure the accuracy or reliability of such Affiliate Online Communication, nor will it act as a monitor over the content of such Affiliate Online Communication.

   4. 5.4 USSAN reserves the absolute right to remove or restrict any Affiliate Online Communication that is in violation of this Agreement or any federal or state law, regulation, rule or statute.

6. 6. THIRD PARTY PROGRAMS

   1. 6.1 Affiliate acknowledges and agrees that USSAN does not work with or allow non-affiliated third parties, specifically including third party software providers, and their programs, systems, processes, software, routines and methods to make changes, modifications, updates, and/or new integrations with USSAN Programs, specifically including the Website.

7. 7. CUSTOMER REVIEWS

   1. 7.1 Affiliate consents to the ability of Customers to make comments on the Website about Affiliate and/or its services (whether positive, neutral or negative) AND for other Customers and prospective Customers to read and evaluate those reviews and make voluntary choices based upon those reviews. Affiliate may respond to Customer reviews but it shall NOT: (i) improperly influence in any manner, or cause another to, improperly influence in any manner the review of the Customer; or (ii) post or attempt to post, in any manner or by any means, a self-review.

   2. 7.2 Upon prior written USSAN approval, Affiliate may post, link, or copy the content of a Customer review from the Website to Affiliate’s business website, to any other third party website and/or on any of Affiliates business or third party’s marketing materials.

   3. 7.3 Affiliate expressly grants USSAN the irrevocable, perpetual, worldwide and royalty free right during the term of this Agreement and thereafter to use customer reviews and Affiliate responses to those reviews for advertising, marketing and business purposes in any manner and in any media that USSAN chooses whether now known or hereafter devised.

8. 8. AFFILIATE CUSTOMER DISPUTES

   1. 8.1 USSAN is not responsible for resolving any disputes between Affiliate and its Customers. Affiliate expressly authorizes USSAN to release its provided contact information in the event that USSAN is contacted by Affiliate’s Customer.

   2. 8.2 Affiliate agrees to indemnify, hold harmless and release USSAN from any and all liability, demands, losses, damages of every nature arising out of or connected with any disputes between Affiliate and its Customers. This provision shall survive termination of this Agreement.

9. 9. USSAN INTELLECTUAL PROPERTY

   1. 9.1 USSAN and the Website contain trademarks, service marks, other copyrighted material, inventions, know how, potential patentable business method material, source code, object code, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, is USSAN’s sole property and USSAN retains all appurtenant rights, interests and title. USSAN also claims ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of the Website, including but not limited to its color combinations, sounds, layouts and designs.

   2. 9.2 Except as specifically provided by this Agreement, Affiliate agrees and acknowledges that its access to the Website or participation as an Affiliate does not confer upon it any other license or permission to use USSAN’s (or any third party's) Intellectual Property Content. All other trademarks, service marks and copyrights are held by their rightful owners.

   3. Affiliate shall not reproduce, modify, display, sell, lease, modify, distribute or create derivative works based on the Intellectual Property Content, the Website or USSAN Programs.

10. 10. AFFILIATE USE OF USSAN TRADEMARKS AND COPYRIGHT MATERIAL

1. 10.1   USSAN grants to Affiliate a limited, non-exclusive, revocable, non-assignable and non-sublicensable right within the United States and Canada to use and display the trademarks “U-Haul Self-Storage Affiliate Network” as well as any other trademarks, service marks, brand names, and trade dress(the “USSAN Marks”). This grant includes any corresponding or additional USSAN Marks and copyrighted materials that have been or are included as part of certain USSAN provided and approved promotional materials, whether in print form or electronic form, including but not limited to, door and window decals, internet links, internet banners, artwork, graphics, signs, documents, brochures and other materials(the “Promotional Materials”), in connection with the following:

   1. 10.1.1 For the purpose of Affiliate’s own advertisement or promotion in conjunction with its participation as an Affiliate and in accordance with the terms of this Agreement;

   2. 10.1.2 For use in hardcopy or electronic advertising and consistent with 10.1 above;

   3. 10.1.3 For use as Links from the Affiliate website to uhaul.com and consistent with 10.1 above.

   4. 10.1.4 For use on Affiliate’s website to promote or identify Links from the Affiliate website to uhaul.com consistent with 10.1 above.

1. 10.2 Affiliate shall:

   1. 10.2.1 be responsible for any and all costs of Affiliate’s advertisement and promotion;

   2. 10.2.2 maintain Affiliate’s advertisement and promotion in a manner positively reflecting on USSAN and any third party owner of the USSAN Marks;

   3. 10.2.3 always prominently use the following phrase: “U-Haul Self-Storage Affiliate” and disclaimer: “All USSAN trademarks and logos are under a grant of license or permission for use by USSAN”, and; include the appropriate “TM” or “ ®” symbol with the USSAN Marks.

2. 10.3 Affiliate shall not:

   1. 10.3.1 engage in spamming activities that relate or refer, directly or through other links, to, USSAN;

   2. 10.3.2 place material on its website that is materially not appropriate for general and family viewing, such prohibited materials include adult materials, sexual materials, materials advocating violence or hatred, or any material the display of which may be a crime in any state;

   3. 10.3.3 use the USSAN Marks in any advertisement or promotion in a manner that infringes on the rights of third parties, nor:

   4. 10.3.4 violate any federal, state or international law.

   5. 10.3.5 cause another, at any time, during or after the termination of this Agreement, to use, affix, display, license, distribute, reproduce or copy, the USSAN Marks, except as specifically provided for in this Agreement. Affiliate agrees that it will not contest the ownership or validity of the USSAN Marks.

3. 10.4 Affiliate agrees to comply with directives set forth from time to time by USSAN with respect to the appearance, display and manner of use of the USSAN Marks.

4. 10.5 Except as specifically provided by the terms of this Agreement, no right, property, license, permission or interest of any kind in or to the USSAN Marks or USSAN copyrighted materials is or is intended to be given, or transferred to, or acquired by, Affiliate. Affiliate shall in no way contest or deny the validity of, or the use of, or the right or title of USSAN, in or to the USSAN Marks and USSAN copyrighted materials, and shall not encourage or assist others directly or indirectly to do so. Affiliate agrees that this Agreement is not intended to and does not create a franchisor/franchisee relationship.

5. 10.6 Affiliate shall not utilize the USSAN Marks or USSAN copyrighted materials in any manner that would diminish their value or harm their reputation or in any manner that in the opinion of USSAN is deceptive or misleading. This limited license shall terminate immediately upon termination of this Agreement. Upon termination of this Agreement, Affiliate shall immediately cease all use of the USSAN Marks and USSAN copyrighted material and immediately surrender to USSAN all Promotional Materials, and make no further use of the same.

6. 10.7 Quality Control

   1. 10.7.1 Affiliate agrees and acknowledges that its license to use the USSAN Marks and copyrighted materials is pursuant to the terms of this Agreement and must be in accordance with USSAN policies, instructions, standards of quality and trademark specifications set by and approved by USSAN from time to time.

   2. 10.7.2 For as long as Affiliate uses the USSAN Marks, USSAN shall have the right to inspect the premises of Affiliate from time to time during normal business hours, upon reasonable notice and to inspect and review any Affiliate advertisements, Promotional Materials, websites using the USSAN Marks for compliance with the terms of this Agreement.

11. 11. COPYRIGHT INFRINGEMENT POLICY

    1. 11.1   Pursuant to 17 United States Code 512(c)(2)(“Digital Millennium Copyright Act of 1998”), the designated agent for notice of alleged copyright infringement appearing on the Website is:

       eMove, Inc.
       Legal Department
       2727 N.Central Ave.
       Phoenix, Arizona 85004
       Phone: (602) 263-6811
       Fax: (602) 277-5812

       Affiliate must fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 to file a notice of infringement.The text of this statute can be found at the U.S. Copyright Office website, http://lcweb.loc.gov/copyright/.

12. 12. USSAN'S USE OF AFFILIATE TRADEMARKS AND COPYRIGHT MATERIAL

    1. 12.1 Affiliate hereby grants to USSAN, only for the duration of this Agreement, a royalty free, non-exclusive, non-sublicensable, limited, revocable right, to reproduce, use and display, Affiliate trademarks for programs, business, services, goods and related company programs to promote and advertise the same through the production of Affiliate trademarks on certain USSAN advertisements, promotional materials and websites.

    2. 12.2 Affiliate represents and warrants that it is the owner of, or is duly authorized to license the use of, the Affiliate trademarks.

13. 13. CONFIDENTIALITY AND NON-DISCLOSURE

    1. 13.1 USSAN and Affiliate may disclose to one another, or may otherwise access, learn of or discover, one another’s documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, customer information, systems, current and future strategies, marketing information, financial information, software, technologies, processes, documentation, procedures, methods and applications, payment processing rates, tenant insurance commissions (where applicable), trade secrets, with one another, or other confidential aspects of one another’s business (the “Confidential Information”). USSAN and Affiliate agree and acknowledge that any and all Confidential Information shall be the intellectual and proprietary information of that party and no party shall, unless it is required for the specific performance of this Agreement, at any time, during or after the termination of this Agreement, directly or indirectly, reveal, disseminate, or disclose, any Confidential Information, to any third party entity that is not a parent entity of USSAN or Affiliate, or that is not under common control of the parent company of USSAN or Affiliate (where “common control” is defined as the ownership of at least fifty percent (50%) of the equity or beneficial interests of such entity).

    2. 13.2 Affiliate acknowledges and agrees that any breach of this provision shall cause USSAN irreparable harm and as a result, USSAN will have no adequate remedy at law. Therefore, Affiliate agrees that USSAN has the right to seek and to obtain injunctive relief for any breach of this confidentiality and non-disclosure provision.

14. 14. NON-COMPETITION AND NON-INTERFERENCE

    1. 14.1 Affiliate represents, warrants, and covenants that it (including its heirs, assigns, successors, shareholders, officers, directors, employees, principals, partners, agents, managers, and members) shall not engage, or assist others in engaging, in the operation of an internet-based storage affiliate program that provides membership benefits to independent self-storage operators similar to the “U-Haul Self-Storage Affiliate Program”. This representation, warranty, and convent shall apply during the term of this Agreement and for a period of one (1) year after termination of this Agreement within the United States and Canada.

    2. 14.2 Affiliate acknowledges and agrees any breach of this non-competition provision shall cause USSAN irreparable harm with no adequate remedy at law. Therefore, Affiliate acknowledges and agrees that USSAN shall have the right to seek and to obtain injunctive relief for any breach of the non-competition covenant.

    3. 14.3 Affiliate shall not interfere with the current or potential relationship between USSAN, and its employees, customers, other affiliates, related companies and the agents of those related companies.

15. 15. INDEMNIFICATION

    1. 15.1 Affiliate shall indemnify, defend and hold harmless USSAN and its parent(s) and related companies, and their directors, officers, agents, employees, subcontractors and independent contractors, and each of them, for, from and against, any and all claims, demands, causes of action, costs, damages, expenses, losses and liabilities incurred or to be incurred (including reasonable attorneys’ fees), arising out of or resulting from Affiliate’s disputes with any of its Customers, Affiliate’s use of Third Party Programs as set forth in Section 6 of this Agreement, Affiliate’s breach of the Data Protection and System Security terms as set forth in Section 4 of this Agreement, and any other breach of the terms of this Agreement including, without limitation, any negligent or intentional, acts or omissions, on the part of Affiliate and/or any of Affiliate’s employees.

16. 16. DISCLAIMER

    1. 16.1 USSAN, ITS WEBSITE AND ITS PROGRAMS ARE ALL PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, USSAN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USSAN DOES NOT WARRANT THAT THE USSAN WEBSITE, WEBSELFSTORAGE SOFTWARE OR ITS PROGRAMS WILL MEET ANY REQUIREMENTS OR NEEDS THAT AFFILIATE MAY HAVE REGARDLESS OF WHETHER USSAN HAS BEEN ADVISED OF THE SAME, OR THAT ANY PROVIDED SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE PROGRAMS OR SOFTWARE WILL BE CORRECTED, OR THAT THE PROGRAMS OR SOFTWARE ARE COMPATIBLE WITH ANY PARTICULAR AFFILIATE PLATFORM, SYSTEMS, SOFTWARE OR OPERATIONS. USSAN DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE, SYSTEMS, NETWORKS, DATABASES AND INFRASTRUCTURE WILL BE FREE OR IMMUNE FROM UNAUTHORIZED ACCESS INCLUDING BUT NOT LIMITED TO THIRD PARTY HACKERS. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.

17. 17. LIMITATION OF LIABILITY

    1. 17.1 AFFILIATE AGREES THAT USSAN’S TOTAL LIABILITY TO AFFILIATE FOR ANY AND ALL ACTIONS, CLAIMS, SUITS, LOSSES, DAMAGES, LIABILITIES OR DISPUTES IS SPECIFCALLY LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES RECEIVED BY USSAN FROM AFFILIATE DURING THE TIME OF AFFILIATE’S PARTICIPATION HEREUNDER OR (B) $100.00. IN NO EVENT SHALL USSAN BE LIABLE TO AFFILIATE OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE USSAN WEBSITE OR PROGRAMS OR THE WEBSELFSTORAGE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF USSAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. 18. FORCE MAJEURE

    1. 18.1 USSAN shall not be liable for any delay or failure to perform hereunder due to the inability of Affiliate, USSAN or any other person to connect to the Internet, receive cellular or Wi-Fi signals, or any other failure or unavailability of the Internet or connectivity for any cause whatsoever, acts of God or of the public enemy, or of any government or agency, restrictions imposed by governmental agencies, fires, floods, pandemic, epidemic, quarantine restrictions, strikes, freight embargoes, severe weather, virus attacks, denial of service attacks, war, hostilities, terrorist acts, riot, rebellion, delay in or lack of transportation facilities, inability to secure materials, power failure or fluctuation or any other cause beyond the reasonable control of USSAN.

19. 19. TERMINATION

    1. 19.1 This Agreement shall remain in effect until it is terminated. Either party may terminate this Agreement at any time, without cause and for any reason, upon thirty (30) days prior written notice (e-mail notice is sufficient written notice).

    2. 19.2 Either party may terminate this Agreement immediately, for cause, including, but not limited to, any material breach of the terms of this Agreement.

    3. 19.3 Any termination of this Agreement is also an effective termination of all USSAN Program Agreements. All provisions relating to Affiliate account authorizations, confidentiality, intellectual property, customer reviews, limitation of liability and arbitration of disputes shall survive any termination of this Agreement.

    4. 19.4 Affiliate may make a written request to USSAN to make Affiliate Data available for download or export within thirty (30) days of termination or expiry of this Agreement. After such thirty (30) day period, USSAN will have no obligation to maintain or provide any Affiliate Data unless Affiliate provides evidence of a legal obligation requiring disclosure of Affiliate Data. USSAN will delete or destroy all copies of Affiliate Data unless legally prohibited from doing so. Affiliate cannot retain the WebSelfStorage email domain name on termination of the Agreement.

20. 20. NOTICE AND CONSENT TO ELECTRONIC COMMUNICATIONS

    1. 20.1 Affiliate authorizes USSAN to contact Affiliate at any provided email address or phone number (including by text message). Affiliate acknowledges that text messaging charges may apply. Affiliate may unsubscribe to non-transaction specific texts or emails by following the instructions communicated in the message.

21. 21. GOVERNING LAW

    1. 21.1 Each party agrees that this Agreement and all USSAN Program Agreements shall be governed by and interpreted in accordance with the laws of the State of Arizona without reference to choice of law rules.

22. 22. MANDATORY ARBITRATION OF DISPUTES

    1. 22.1 Affiliate hereby acknowledges and agrees that this Agreement is subject to the Arbitration Agreement set forth in Exhibit A below. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration pursuant to the Arbitration Agreement set forth in Exhibit B below, which is incorporated herein and made a part of this Agreement.

    2. 22.2 The parties agree that USSAN reserves the right to bring a claim in a court of competent jurisdiction for any claims arising out of or relating to the actual or alleged infringement, misappropriation, dilution, or other violation of USSAN’s Marks or any other intellectual property rights under this Agreement. Nothing in this Agreement shall limit or restrict USSAN’s ability to seek injunctive relief, specific performance, damages, or any other remedy available at law or in equity in connection with such claims.

23. 23. MISCELLANEOUS

    1. 23.1 Assignment. Neither this Agreement nor any of the rights, interests, or obligations under this Agreement may be assigned by Affiliate without prior written consent of USSAN. USSAN reserves the right to assign any rights, interests, or obligations within this Agreement.

    2. 23.2 Severability. If any provision of this Agreement is invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Agreement will not be impaired in any way.

    3. 23.3 Waiver. Any provision or condition of this Agreement may be waived at any time by the party entitled to the benefit of such provision or condition. Waiver of any breach of any provision will not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision.

    4. 23.4 Headings. The headings contained in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.

    5. 23.5 Amendments. This Agreement may not be modified, amended or changed in any manner by the Affiliate without USSAN’s express written approval. USSAN reserves the right to modify this Agreement and any USSAN Program Agreement in its discretion. Affiliate understands and agrees that by continuing to use the Website, Affiliate will be required to accept the modified Agreement at the time of login to the Website and continued use will be considered acceptance of any modified Agreement.

    6. 23.6 Entire Agreement. This Agreement (including the documents and instruments referred to in the Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of these terms and conditions and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.

24. 24. ELECTRONIC SIGNATURE & RECORDS

    1. 24.1 Affiliate acknowledges and agrees to the use of electronic signatures and electronic records (including any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall have the same legal effect, validity, and enforceability as a handwritten signature (or “wet ink” signature) or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

By clicking “I Accept” Affiliate represents that it has read this Agreement and that Affiliate is fully authorized to enter into this Agreement, and that no waiver, consent, approval or authorization from any third-party is required to be obtained or made in connection with the execution, delivery or performance of this Agreement.

EXHIBIT A – COMMERCIAL ARBITRATION AGREEMENT

1. 1. General. You acknowledge and agree that Your business has an effect on interstate commerce, and as such, this Arbitration Agreement shall be construed, interpreted and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”). You agree that any and all Claims between You and the Company arising out of or relating in any way to the U-Haul Self-Storage Affiliate Terms & Conditions and/or any USSAN Program Agreement entered into (the “Underlying Agreement(s)”) shall, except as provided by law and herein, be submitted to binding arbitration, to be resolved by one (1) arbitrator (the “Arbitrator”) through final and binding arbitration on an individual basis only and not by court or jury trial, or by class, collective, or representative action. The Arbitrator shall also resolve any disputes regarding the arbitrability of any Claim hereunder, including all issues relating to the enforcement of the Class Action Waiver. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with this Arbitration Agreement and the Commercial Arbitration Rules and Mediation Procedures (www.adr.org). Judgment on the award may be entered in any court having jurisdiction.

2. 2. Notwithstanding anything to the contrary in this Arbitration Agreement, the parties agree that any Claims arising out of or relating to the actual or alleged infringement, misappropriation, dilution, or other violation of USSAN’s Marks or any other intellectual property rights under the Underlying Agreement shall not be required to be subject to arbitration. The Company may bring any such Claim in a court of competent jurisdiction, and nothing in this Arbitration Agreement shall limit or restrict the Company’s ability to seek injunctive relief, specific performance, damages, or any other remedy available at law or in equity in connection with such Claims.

3. 3. Definitions.

   “Company” means eMove, Inc.(d/b/a U-Haul Self-Storage Affiliate Network) and its respective subsidiaries, insurers, parents, affiliates, agents, and dealers.

   “You” or “Your” means Affiliate and its respective parents, subsidiaries, , agents, and employees.

   “Claim” or “Claims” is to be broadly interpreted to include any dispute, claim or cause of action arising out of or relating to Your dealings with the Company pursuant to the Underlying Agreement. Claims include but are not limited to any and all legal theories and all statutory and tort claims.

4. 4. Class Action Waiver. You and the Company agree to resolve any Claim that is in arbitration on an individual basis only, and not on a class, collective action, or representative basis (“Class Action Waiver’’) (other than actions under the Private Attorneys General Act of 2004, California Labor Code § 2698 et seq. (“PAGA”)), and You shall not participate in or recover relief under any current or future class, collective, or representative (non-PAGA) action brought against the Company by a third party. The Arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The Arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. In any case in which (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

1. Modification. In the event the Company modifies the terms and conditions of this Arbitration Agreement, Your continued use of the Company’s services subsequent to any such modification shall constitute Your consent to such modifications.

2. Notice and Demand Procedure. The party bringing a Claim must send, by certified mail, a written notice of dispute (“Notice”), which shall include identification of the parties thereto, a statement of the legal and factual basis of the Claim(s), and a specification of the remedy sought. Notice to the Company shall be sent to:

U-Haul Arbitration

2721 North Central Ave., 5th Floor Phoenix, AZ 85004

Notice to You shall be sent to the address designated in the Underlying Agreement to receive Notice (in each case, “Notice Address”). If the parties do not resolve the Claim within sixty

(60) days after Notice is received by the recipient, or within five (5) business days of the recipient party’s written denial of any Claim, the petitioning party may commence an arbitration proceeding by filing a demand for arbitration and serving the recipient party. During the arbitration, the amount of any settlement offer made by the Company or You shall not be disclosed to the Arbitrator until after the Arbitrator determines the amount, if any, to which the Company is or You are entitled.

3. Arbitration Rules. The AAA Commercial Arbitration Rules and Mediation Procedures (www.adr.org/sites/default/files/CommercialRules_Web-Final.pdf) apply in the arbitration of all Claims with the following exceptions:

i. Arbitrator Selection. Selection of an arbitrator shall be in accordance with R-12 of the AAA Commercial Arbitration Rules and Mediation Procedures. If the parties are unable to agree to an arbitrator from the initial list of 10 arbitrators selected from the National Roster, AAA will provide additional lists of 10 arbitrators selected from the National Roster until the parties can agree upon an arbitrator. This process for the selection of an arbitrator will govern regardless of the number of claimants and respondents.

ii. Number of Arbitrators. A single Arbitrator shall preside over the arbitration, except that You and the Company may mutually agree to proceed before a panel of three

(3) Arbitrators.

iii. In the event of an arbitration involving both Corporate Account Holder and Corporate Customer and/or an employee or agent of Corporate Account Holder arising out of or relating to a U-Haul Equipment Contract, the Arbitration Agreement applicable to the U-Haul Equipment Contract shall apply.

4. Arbitrator’s Authority. The Arbitrator shall:

i. Be bound by the terms of this Arbitration Agreement;

ii. Resolve all disputes regarding the arbitrability of any Claim hereunder, including all issues relating to the enforcement of the Class Action Waiver;

iii. Decide all issues based on the evidence and arguments submitted by the parties;

iv. Issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based and to identify the specific types of damages awarded, if any;

v. Award any form of individual relief, including equitable relief, injunctions, and other relief available under applicable law;

vi. Make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceedings;

vii. Apply a statute of limitations to all Claims as though such Claims were brought in an appropriate court of competent jurisdiction;

viii. Participate in a post-decision Arbitrator interview for the purpose of providing candid feedback to a party concerning the effectiveness and persuasiveness of its presentation of evidence and arguments. Such Arbitrator interview shall be held after the final conclusion of the matter and be conducted telephonically or in-person at the election and expense of the requesting party. The Arbitrator will be compensated at the hourly rate that prevailed during the arbitration proceedings. Nothing in this section requires the Arbitrator to communicate in a way that violates ethical standards. Nothing disclosed by the Arbitrator in the Arbitrator interview may be used as a basis to challenge the Arbitrator’s decision; and

ix. Retain jurisdiction to resolve issues between the parties concerning interpretation and application of the decision. Such post-decision issues shall be resolved based on written submissions only. A deposit for the Arbitrator’s time to resolve a post-decision issue shall be set by the Arbitrator and advanced by the requesting party with such deposit reimbursable in whole or in part at the Arbitrator’s discretion.

5. Confidentiality. In order to protect the confidential, proprietary, and trade secret information of the parties, the Company and You agree to enter into a confidentiality agreement as

negotiated by You and the Company. If You and the Company cannot agree on the confidentiality agreement, the Arbitrator shall have the sole responsibility for determining the appropriate scope of the confidentiality agreement. In no event shall the confidentiality agreement in any way prevent You or the Company from using any document marked as “confidential” in an arbitration proceeding under this Arbitration Agreement, subject to any ruling on admissibility by the Arbitrator.

6. Governing Law. Except as otherwise stated herein, the interpretation of this Arbitration Agreement shall be governed by the laws of the state of Arizona without regard to the choice or conflicts of law provisions of any jurisdiction. Any Claim arising out of or in connection with this Arbitration Agreement that is not subject to the provisions contained herein shall be subject to the exclusive jurisdiction of the state and federal courts located in the City and County of Phoenix, Arizona.

7. Entire Agreement. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes arising hereunder and supersedes all prior and contemporaneous agreements and understanding, whether written or oral, relating to such subject matter in any way. Except as stated herein, in the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect. In the event this Arbitration Agreement conflicts with any other arbitration agreement between the parties, this Arbitration Agreement shall control.

8. Alternate Forum. If AAA cannot or will not administer the arbitration, You and Company shall submit the Claims to another nationally recognized arbitration forum which shall be subject to all other terms and conditions of this Arbitration Agreement. By mutual written agreement, the parties may select an arbitration forum other than AAA and/or modify the procedural arbitration rules.

WebSelfStorage – Website and Business Platform Terms of Use

By creating an account on the Webselfstorage Business Platform and clicking “I Agree”, you agree to these Terms of Use (“Terms”). If you are accepting on behalf of an entity, you represent that you have authority to bind that entity. These Terms govern your use of the Website and Business Platform found at webselfstorage.com.

Please read these Terms carefully before continuing with your use of this Website and the Business Platform.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE WEBSITE OR THE BUSINESS PLATFORM.

DEFINITIONS

“Business Platform” means the WebSelfStorage online portal, and any software, code, databases, interfaces, APIs, and all related features or services made available by eMove, Inc. through or in connection with the Website.

“You” means the individual user who is authorized by a U-Haul Self‑Storage Affiliate to access and use the Website and the Business Platform, whether by creating a WebSelfStorage Account or by otherwise being granted access credentials.

“Website” means the publicly accessible webpages located at webselfstorage.com and any subdomains, including informational pages, marketing content, publicly posted resources, and any other content available without logging into a WebSelfStorage Account.

OWNERSHIP OF WEBSITE AND BUSINESS PLATFORM

This Website is owned and operated by eMove, Inc. (“eMove”) d/b/a U-Haul Self-Storage Affiliate Network. Trademarks and copyrights are owned by U-Haul International, Inc. (“UHI”) and used by eMove under license from UHI.

Subject to these Terms and the U-Haul Self-Storage Affiliate Terms and Conditions (the “Agreement”), eMove grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Website and Business Platform during the Term of the Agreement. No license to any software is granted or implied. You may not download, install, copy, reproduce, modify, adapt, translate, create derivative works of, reverse engineer, decompile, or disassemble any underlying software, code, databases, or APIs, nor circumvent any technical protections.

ACCOUNT REGISTRATION

You must register a Webselfstorage account ("Webselfstorage Account") to access and use the Business Platform. If you are registering a Webselfstorage Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity.

You must provide accurate, current and complete information during the registration process and keep your Webselfstorage Account information current at all times.

You may not register more than one (1) Webselfstorage Account unless eMove authorizes you to do so. You may not assign or otherwise transfer your Webselfstorage Account to another party.

You are responsible for maintaining the confidentiality and security of your Webselfstorage Account credentials and may not disclose your credentials to any third party. You must immediately notify eMove if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Webselfstorage Account. You are liable for any and all activities conducted through your Webselfstorage Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials to eMove).

ARBITRATION

BY USING OR ACCESSING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THE EMOVE COMMERCIAL ARBITRATION AGREEEMENT SET OUT IN EXHIBIT A OF THE AGREEMENT BETWEEN YOU AND EMOVE. YOU AGREE THAT ANY ARBITRATION OR LITIGATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.

INTELLECTUAL PROPERTY RIGHTS AND USAGE LIMITATIONS

All content on this Website and the Business Platform (“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 UHI, its 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 on this Website or the Business Platform. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of eMove. You further agree not to change or delete any copyright, trademark, or other proprietary notices from materials displayed on or downloaded from this Website, and acknowledge that you do not acquire any ownership rights by using this Website or the Business Platform.

Except as expressly permitted in these Terms, you will not copy, reproduce, modify, adapt, translate, create derivative works of, publicly display, publicly perform, or distribute any Site Materials, in whole or in part. You will not use any robot, spider, scraper, crawler, or other automated means to access, query, or harvest data from the Business Platform, or create a database by systematically downloading the same, except as expressly authorized in writing by eMove. eMove and its licensors reserve all rights not expressly granted.

If you violate any of these Terms, then in addition to any other remedies eMove and Providers may have, your permission to use our Website and Business Platform immediately terminates without the necessity of any notice. eMove retains the right to deny access to anyone at its 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 on this Website, 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 website any of the content or other materials on this Website without prior written consent of eMove.

eMove and the Providers reserves all rights, title and interests — intellectual property or otherwise — for materials downloaded from the Website or Business Platform.

GEOGRAPHIC APPLICABILITY OF CONTENT

This Website is controlled and operated by eMove from its offices in Phoenix, Arizona, United States of America. Information on this Website includes descriptions of products and services available in the United States of America and Canada and is not intended for use in other locations. eMove makes no warranty or representation that the content provided is applicable or appropriate for use in other locations. Those who choose to access this Website 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 Website in violation of U.S. export laws and regulations.

PRIVACY, COOKIES AND DATA

Your use or access to our Website and Business Platform is governed by these Terms and the WebSelfStorage Privacy Notice.

YOUR COMMUNICATIONS

You expressly represent and warrant the following: (1) you are the owner, with all appurtenant rights thereto, of any and all communication, uploads, content, remarks, messages, suggestions, ideas, graphics, and/or other information (hereinafter "Your Communication") that you post on the Business Platform or that you communicate or conduct through the Business Platform, and/or; (2) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, assignable, non-exclusive license to display, copy, distribute, transmit, upload/download, print, use, distribute, license, reproduce and display Your Communication.

With regard to Your Communication, you grant eMove a worldwide, royalty free, perpetual, irrevocable, sub-licensable, assignable, non-exclusive license to display, copy, distribute, transmit, upload/download, print, use, distribute, license, reproduce and display Your Communication. Furthermore, you grant us the ability and right, solely for our benefit, to exercise any trademark, patent, copyright, publicity and database rights in Your Communication.

You further represent and warrant that any and all of Your Communication:

1. Will not violate any federal or state law, regulation, rule, or statute;

2. Will not violate the Terms of this Agreement;

3. Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights and if there is third party infringement or the potential for the same, you shall indemnify, defend and hold UHI and/or eMove harmless for such infringement or potential infringement;

4. Will not be or contain scandalous, defamatory, false or inaccurate, vulgar, obscene, lewd, libelous, threatening, harassing, unlawful, fraudulent, abusive or suggestive or otherwise objectionable content or material and under no circumstances will it contain pornography, child or otherwise;

5. Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of the Website, operation of any of our systems and or create or impose a large burden or load on the Website;

6. Will not scan or test the vulnerability or security of the Website or the system within which it operates;

7. Will not be used for commercial or public purposes outside of the requirements of this Agreement;

8. Will not create liability for eMove in any manner whatsoever;

9. Will not frame or link to the Website without eMove’ written permission;

10. Will not involve the upload, or insertion of, any programming language or code into or onto, the Website;

11. Will not contain advertisements, chain letters, pyramid schemes and solicitations;

12. Will not contain any material, non-public information about eMove, Providers, and our licensees or affiliates, or any third party without the authorization to do so; and

13. Will not contain any trade secret of eMove, Providers, and any of our licensees or affiliates, or any third party.

Notwithstanding the foregoing, this Website acts as a passive conduit for Your Communication and any and all other communication and/or distribution of information. eMove has no editorial control or otherwise, over any communication, information, and specifically, over the content of such communication or information. eMove does not and will not ensure the accuracy or reliability of Your Communication and any and all other communication or information nor will eMove act as a monitor over the content of such communication or information. However, eMove does reserve the absolute right to remove or restrict any communication or information that you may post or communicate to the Website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this Website acts as a passive conduit for any of Your Communication and that you will remain wholly responsible and liable for any damages, whether it be to person, property or business, that arise as a result of Your Communication.

CODE OF CONDUCT

While using this Website and the Business Platform you agree not to:

1. Restrict or inhibit any other third party from using this Website or Business Platform, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of this Website or Business Platform;

2. Use this Website, the Business Platform or the Site Materials 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 Website, the Business Platform or the Site Materials;

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

7. Tamper in any way with the software or functionality of this Website or Business Platform, including, without limitation, transmitting or posting any software or other materials to this Website 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 this Website, the Business Platform or its contents;

9. Harvest or collect information about visitors to this Website or Business Platform without their express consent;

10. Create a database by systematically downloading and storing all or any of the information on this Website or Business Platform;

11. Make postings of a commercial nature; or

12. Permit others, including those whose accounts were terminated, to access the Business Platform through your account, username or password.

In addition, while using this Website, the Business Platform and/or the Site Materials, you agree to comply with all applicable laws, rules, and regulations.

COPYRIGHT TAKE DOWN PROVISION

Pursuant to 17 United States Code 512(c)(2) ("Digital Millennium Copyright Act"), Our designated agent for notice of alleged copyright infringement appearing on our Website is:

Copyright Agent

Attn: Legal Department

eMove, Inc.

2727 N. Central Ave.

Phoenix, Arizona 85004

email: ipenforcement@uhaul.com

Phone: (602) 263-6983

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide eMove’s designated agent (listed above) the information required by Digital Millennium Copyright Act. It is eMove’s policy, in appropriate circumstances, to terminate the Accounts of users who are repeat infringers or are repeatedly charged with infringement.

DISCLAIMER OF WARRANTIES

THESE TERMS ARE NOT A CONTRACT FOR SALE, AND THIS WEBSITE AND THE BUSINESS PLATFORM IS NOT A “GOOD” WITHIN THE MEANING OF THE UNIFORM COMMERCIAL CODE.

THE MATERIALS ON THIS SITE 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. EMOVE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You agree that we may change or discontinue the services in our sole discretion and with no prior notice to you. You agree that our sole obligation to you is to provide the Website and Business Platform as-is until we decide to modify or discontinue it.

LIMITATION OF LIBAILIITY

AS A CONDITION OF YOUR USE OF THIS WEBSITE AND BUSINESS PLATFORM, YOU AGREE THAT NEITHER EMOVE, 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 USE OF THIS WEBSITE, THE BUSINESS PLATFORM OR THE MATERIALS ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE ON THIS WEBSITE OR ANY INFORMATION OR MATERIALS FOUND ON THIS WEBSITE OR HYPERLINKED FROM THIS WEBSITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THIS WEBSITE;

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 WEBSITE, THE BUSINESS PLATFORM OR SITE MATERIALS OR OUR ABILITY TO PROVIDE PRODUCTS OR SERVICES IN CONNECTION WITH THIS WEBSITE or BUSINESS PLATFORM; OR

3. LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR BUSINESS PLATFORM, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE BUSINESS PLATFORM AND/OR SITE MATERIALS CONTAINED WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR THE BUSINESS PLATFORM, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMOVE’ 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 WEBSITE OR SITE MATERIALS.

INDEMNIFICATION

You are fully responsible for how you use this Website and the Business Platform, including without limitation, any of Your Communications. 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 Website and Business Platform too. You agree to indemnify, defend, and hold harmless eMove 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 Your Communication or that are resulting from any negligent act or omissions or violation by you of these Terms.

CUMULATIVE REMEDIES

eMove’ rights and remedies under, and/or in connection with, the Terms are cumulative and may be exercised singly, concurrently, and/or successively in its sole, absolute discretion.

NO WAIVER OF RIGHTS OR REMEDIES

Any forbearance, delay, or failure by eMove in strictly enforcing any requirement of these Terms, 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

These Terms are for the benefit of eMove, and their officers, directors, employees, affiliates, agents, and licensors. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

GOVERNING LAW

Any persons and entities that choose to access or view our Website and the Business Platform agree that all matters, disputes, or transactions arising from the use of our Website and the Business Platform shall be governed by the laws Arizona.

MODIFICATIONS TO TERMS

eMove reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time with or without any advance notice to you by substituting new Terms of Use in place of the current one. Please check this page periodically for changes to the Terms; you will be able to determine if the Terms have been changed since your previous visit by viewing the "Last Updated" information that appears at the top of this Agreement. By choosing to continue to use or access this Website or Business Platform after we have posted notice of such modifications, alterations or updates, and after you have had the opportunity to read the revised Terms, you agree to be bound by such revised Terms.

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 EMOVE.