Last Updated: May 08 2018
This website and any mobile application (collectively, this “Site”) is owned by 49th Street Trade
Center, Inc. & 43rd Avenue Mini Storage, Inc. (“We”, “Us” or “49th Street Trade Center, Inc. &
43rd Avenue Mini Storage, Inc.”). We are providing you with access to this Site subject to the
following terms and conditions.
By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any
policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We
reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by
these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Site.
You represent and warrant that you are at least 18 years old or visiting this Site under the
supervision of a parent or guardian.
for information on how We collect, use and share information about our users.
Use of This Site
Subject to your compliance with these Terms‚ We grant you a limited‚ non-exclusive‚
non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this
Site. This license grant does not include: (a) any resale or commercial use of this Site or content
therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses
of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and
extraction methods on this Site. You may not use‚ frame or utilize framing techniques to enclose any
of Our trademark‚ logo‚ content or other proprietary information (including the images found at this
Site‚ the content of any text or the layout/design of any page or form contained on a page) without
Our express written consent. Further‚ you may not use any meta tags or any other “hidden text”
utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach
of these Terms shall result in the immediate revocation of the license granted in this paragraph
without notice to you.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage
of this Site so long as the link does not portray Us or Our products or services in a false, misleading,
derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may
not use any of Our logos or other proprietary graphics or trademarks as part of the link without
express written permission.
In order to access some features of this Site‚ you may be required to register and We may assign to
you, or you may be required to select, a password and user name or account identification. If you
register‚ you agree to provide Us with accurate and complete registration information‚ and to inform
us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and
identification assigned to you. You shall immediately notify Us of any unauthorized use of your
password or identification or any other breach or threatened breach of this Site’s security. Each time
you use a password or identification, you will be deemed to be authorized to access and use the Site
in a manner consistent with these Terms, and We have no obligation to investigate the authorization
or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR
ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND
IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER
OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY
YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND
TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION
FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When you use this Site, or send emails to Us, you are communicating with Us electronically. You
consent to receive communications from Us electronically. We will communicate with you by e-mail
or by posting notices on this Site or through our other services. You agree that all agreements,
notices, disclosures and other communication that We provide to you electronically satisfy any legal
requirements that such communications be in writing.
This Site may include features and functionality (“Interactive Features”) that allows users to create,
post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on
the Sites (“User Content”). User Content is publicly-viewable and may include your profile
information and any content you post pursuant to your profile, but it does not include your account
information or information you submit in order to make a purchase. You agree that you are solely
responsible for your User Content and for your use of Interactive Features, and that your use any
Interactive Features at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or
otherwise publish or send through the Sites any of the following:
● User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise
● User Content that would constitute, encourage or provide instructions for a criminal offense,
violate the rights of any party or that would otherwise create liability or violate any local,
state, national or international law;
● User Content that displays, describes or encourages usage of any product We sell in a
manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
● User Content that may impinge upon or violate the publicity, privacy or data protection
rights of others, including pictures, videos, images or information about another individual
where you have not obtained such individual’s consent;
● User Content that makes false or misleading statements, claims or depictions about a person,
company, product or service;
● User Content that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party;
● User Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity; and
● Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files
Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We
claim no ownership or control over any User Content. However, by submitting or posting User
Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable,
transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such User Content on this Site and on
third-party sites and mobile applications and in all other media or formats, whether currently known
or hereafter developed, for any purpose and without any compensation to you. You also grant users
of this Site the right to access your User Content in connection with their use of this Site.
By posting User Content to this Site, you represent and warrant that (a) such User Content is
non-confidential; (b) you own and control all of the rights, title and interest in and to the User
Content or you otherwise have all necessary rights to post and use such User Content to this Site
and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not
misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in
connection with this Site, do not and will not violate these Terms or any other of Our applicable
terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you may have the ability to submit questions, comments
suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials
and other information regarding this Site, Us and our products or services (collectively “Feedback”).
You agree that Feedback is non-confidential and shall become Our sole property. We shall own
exclusive rights, including all intellectual property rights, in and to such Feedback and shall be
entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your
password and identification to):
● download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based
upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this
Site‚ except and to the extent expressly permitted under these Terms;
● remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
● use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any
portion of this Site;
● collect any information about other users (including usernames and/or email addresses) for any
purpose other than to solicit and/or share reviews with other users;
● reformat or frame any portion of any Web pages that are part of this Site;
● create user accounts by automated means or under false or fraudulent pretenses;
● create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or
otherwise interfere with other users’ enjoyment of the Site;
● submit to this Site any content that falsely states or implies that such content is sponsored or
endorsed by us;
● transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚
malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any
manner the performance of this Site‚ any other Web site‚ or any computer or other device or
system‚ or the enjoyment of this Site by any user;
● use this Site to violate the security of or gain unauthorized access to any computer or computer
network or other device or system (including unauthorized attempts to discover passwords or
security encryption codes);
● submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or
encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚
including any material deemed threatening or obscene;
● copy or store any User Content offered on this Site other than for your personal‚
● take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or
disproportionately large data or traffic load on this Site or the IT infrastructure used to operate
and make this Site available; or
● use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any
applicable local‚ state‚ federal or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have
absolute discretion to monitor any user conduct on this Site at any time and for any reason without
As between you and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio
clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or
modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and
assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and
other intellectual property or proprietary rights in the foregoing‚ are owned by Us or our licensors
and protected by applicable copyright laws.
The use of any of Our trademarks or service marks without our express written consent is strictly
prohibited. You may not use our trademarks or service marks in connection with any product or
service in any way that is likely to cause confusion. You may not use our trademarks or service
marks in any manner that disparages or discredits us. You may not use any of our trademarks or
service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed
to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚
trademarks‚ trade secrets or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted
electronically from start to finish. If We decide to proceed non-electronically, those transactions will
still be governed by the remainder of these Terms unless you enter into different terms provided by
us. You are responsible to print or make an electronic a copy of these Terms and any other contract
or disclosure that we are required to provide to you.
We charge sales tax for services ordered on this Site based on the applicable state sales tax rate.
Only valid credit cards or other payment method acceptable to us may be used. By submitting your
order, you represent and warrant that you are authorized to use the designated card or method and
authorize us to charge your order (including taxes, shipping, handling and any other amounts
described on the Sites) to that card or other method. If the card (or other method) cannot be
verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled
We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not
warrant that any product, service, description, photograph, pricing or other information is accurate,
complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order
confirmation, in processing an order, delivering a product or service or otherwise, We reserve the
right to correct such error and revise your order accordingly if necessary (including charging the
correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event
of such error is to cancel your order and obtain a refund.
This Site may contain links to other sites on the Internet that are owned and operated by third
parties. You acknowledge that We are not responsible for the operation of or content located on or
through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this
Site and providing Us with a notice of termination. We reserve the right, without notice and in our
sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or
prevent your future access to and use of this Site or any portion of this Site.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless
Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners,
members, employees, independent contractors, service providers and consultants (“Our Related
Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”)
arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you
post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback
that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another.
You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such
Claims and pay all fees, costs and expenses associated with defending such Claims (including but not
limited to attorneys’ fees). You further agree that the We shall have the right to control of the
defense or settlement of any third party Claims.
Except as expressly provided, this Site, including all Site Content, and services provided on or in
connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without
representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM
ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT;
AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall
be your right to refund for the service provided. IN NO EVENT SHALL THE WE OR OUR
RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS,
EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO
THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES
PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE
PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL
NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE,
FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be
inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in
addition to any damages that we may be legally entitled to recover, together with reasonable
expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including
without limitation damages injunctive relief, attorneys’ fees and expenses.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features
or portions thereof without prior notice.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed several and shall not affect the validity and enforceability of any remaining
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not
intended to confer any right or benefit on any third party or to create any obligations or liability of a
party to any such third party.
No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these
Terms‚ and you do not have any authority of any kind to bind Us in any respect whatsoever. We
may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular
mail‚ or postings on this Site. These Terms, which shall be deemed accepted by you upon your use
of the Site‚ constitute the entire agreement among you and Us regarding use of this Site. Our failure
to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the
enforcement of such right or provision. If any provision of these Terms is found to be
unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent
necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These
Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written
at https://glendalepropertiesvb.com/downloads/Privacy-Policy.pdf, and any notices regarding the
directed to our support staff by emailing us at: [email protected]