TERMS OF USE, WARRANTY AND LIABILITY WAIVER

CubeSmart Inc., a Texas Corporation, having its principal place of business in Flower Mound, TX offers its CubeDoor Classic and CubeBanner products (the "Product") with the terms, conditions and notices as follows:

  1. Terms of Use
    This Product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Installation and/or use of this product implies acceptance of all such terms, conditions, and notices. If you do not agree to these terms, CubeSmart, Inc. will not sell this product to you, and in that case you should return this product promptly, including the packaging and all written materials, to CubeSmart, Inc. at your expense.
  2. No Unlawful or Prohibited Use
    This product has been designed for open office environments. Installation on a surface intended for any other use may violate U.S., Canadian, state or provincial laws and regulations including those related to office safety standards.
  3. Return Policy
    A 20% restocking fee may be applied for returned items. If Buyer is dissatisfied with Product for any reason, it may be returned to CubeSmart, Inc. within 30 (thirty) days of receipt for a refund of purchase price, less shipping and handling. Buyers may return product at their own expense to CubeSmart, Inc. at P.O. Box 100995, Ft. Worth, TX 76185. Returned Products must be in original packaging and in good condition.
  4. Exclusive Obligation The sole and exclusive obligation of CubeSmart, Inc. shall be to accept return of Product in the manner and for the period provided above.
  5. Personal and Non-Commercial Use Limitation
    This product is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site or this product.
  6. No Parts Warranty
    The Product sold hereunder are sold "as is" without any warranty of any kind. CubeSmart, Inc. hereby disclaims all warranties and conditions with regard to the Product including all implied warranties and conditions of merchantability and fitness for a particular purpose. CubeSmart, Inc. does not warrant against damages or defects arising out of use of the Products; against defects or damages arising from improper installation, or against defects in Product or in components. No warranty of any kind, expressed or implied, is made regarding the safety of the Products. The entire risk as to the quality or performance of the product is with the buyer.
  7. Limitation of Liability
    In no event shall CubeSmart, Inc. be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever arising out of or connected with the use or misuse of this Product. Should the product prove defective following purchase, the buyer and not CubeSmart, Inc. assumes the entire cost of all necessary servicing or repair. CubeSmart, Inc. shall not have any obligation with respect to the Product or any part thereof, whether based on contract, tort, strict liability or otherwise. Buyer assumes all risks and liability from use of Product.
  8. Other Statements
    CubeSmart, Inc. Employee’s or representatives' ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer, and are not a part of the contract for sale or this limited warranty.
  9. Entire Obligation
    This TERMS OF USE, WARRANTY AND DISCLAIMER document states the entire obligation of CubeSmart, Inc. with respect to the Products. If any part of this agreement is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
  10. General
    This agreement is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Denton County, Texas, USA in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
  11. Modification of Terms and Conditions
    CubeSmart, Inc.reserves the right to change the terms, conditions, and notices under which this product is offered.

 

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