End User Terms
Last updated: June 27th, 2022
OpenUnit Inc. ("OpenUnit", "we", "our" or "us") offers an online self-storage booking marketplace (the "Marketplace") that enables end users to search, review, select and connect with third parties for storage units. You ("you" or "your") are able to access the Marketplace and other services that we or others may provide to you through or in connection with the Marketplace (the "Services") via the web portal named or branded for OpenUnit (the "Web Portal"). Services provided by others are "Third Party Services". For example, "Third Party Services" include storage unit facilities.
Please read these end user terms ("terms") carefully. These terms constitute a legally binding Agreement between you and openunit. These terms govern your access to the marketplace and The services. By signing up for an account, by using the web portal, or by accessing or using the Marketplace or the services, you agree to be bound by these terms (including the linked Documents referred to in these terms), as revised from time to time. If you do not accept these Terms, you must not access or use the marketplace or the services. If you are dissatisfied with These terms or any other terms, conditions, rules, policies, guidelines or practices applicable to The marketplace or the services, your sole and exclusive remedy is to discontinue access to and Use of the marketplace, the services, and the web portal. You represent that you are at least the Legal age of majority in your jurisdiction. If you are using the marketplace, the services, or the Web portal on behalf of an organization, you represent that you have the authority to bind that Organization to these terms, in which case "you" or "your" will refer to such organization. If you Do not have such authority, or if you do not agree with these terms, you must not access or use The marketplace, the services, or the web portal.
These Terms are effective on the earlier of the date that (a)you click to accept these Terms, or (b) you first use the Web Portal, or otherwise access or use the Marketplace or the Services. You acknowledge OpenUnit's Privacy Statement located at https://openunit.com/explore/privacy-policy (the "Privacy Statement"), as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Statement.
1. Your Use of the Marketplace
You must provide the information, as may be reasonably requested by OpenUnit, in order to access or use the Marketplace and the Services. You represent and warrant to OpenUnit that you have not misrepresented any information that you have provided to OpenUnit in connection with your account. You are responsible for maintaining the confidentiality of your user name and password. OpenUnit recommends that you use a strong and unique password and that you change it frequently. Do not reuse passwords. You agree not to disclose your user name or password to any third party. OpenUnit may reject, or require that you change, your user name or password. You are responsible for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify OpenUnit immediately. It is your responsibility to update or change your account information, as appropriate.
2. Your Privacy and Personal Information
For a summary of how OpenUnit collects, uses and discloses personal information, please see OpenUnit's Privacy Statement. When you use the Marketplace, the Services, and the Web Portal, you may also interact with others, such as the provider of a Third Party Service. The others with whom you interact may also collect, use and disclose your personal information. OpenUnit's Privacy Statement only describes how OpenUnit collects, uses and discloses your personal information. To understand how others with whom you interact collect, use and disclose your personal information, you must review their privacy policies.
3. Access
You may access and use the end user functionality of the Marketplace, the Services, and the Web Portal. These Terms permit you to use the Marketplace, the Services, and the Web Portal for your personal use only, and not for any commercial purpose.
4. Additional Terms
You agree to comply with these Terms and with all applicable laws. Some Services and Third Party Services may have additional terms that apply to your use of those Services or Third Party Services ("Additional Service Terms"). You agree to comply with all such Additional Service Terms. Additional Service Terms are available through the Web Portal, or through the websites of the providers of the Services or Third Party Services.
5. Unacceptable Use
You will not (a) make the Marketplace, Services or Web Portal available to, or use the Marketplace, Services or Web Portal for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Marketplace, Services or Web Portal, or include the Marketplace, Services or Web Portal in a service bureau or outsourcing offering, (c) use the Marketplace, Services or Web Portal to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use the Marketplace, Services or Web Portal to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data ("Malicious Code"), (e) interfere with or disrupt the integrity or performance of the Marketplace, Services or Web Portal, (f) attempt to gain unauthorized access to the Marketplace or Services, or their related systems or networks, (g) access or use any OpenUnit intellectual property except as permitted under these Terms, (h) copy or make derivative works from all or any part of the Marketplace, Services or Web Portal or any part, feature, function or user interface of the Marketplace, Services or Web Portal, (i) frame or mirror any part of the Marketplace, Services or Web Portal, or otherwise incorporate any portion of the Marketplace, Services or Web Portal into any product or service, (j) access or use the Marketplace, Services or Web Portal in order to build a competitive product or service or to benchmark with a non-OpenUnit product or service, (k) reverse engineer the Marketplace, Services or Web Portal, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (l) access or use any part of the Marketplace or Services that is (expressly or implicitly) not intended for access or use by you, (m) use any non-OpenUnit automation code in relation to the Marketplace or Services (including any "bot" or "spider"), (n) collect or harvest any information from the Marketplace or Services in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the Marketplace, Services or Web Portal, (p) probe, scan, or test the vulnerability of the Marketplace, Services or Web Portal or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of the Marketplace or Services, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Marketplace or Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to OpenUnit or any other person on or through the Marketplace, Services or Web Portal.
6. Submitting Information through the Marketplace
Certain parts of the Marketplace and Services let you provide information to OpenUnit, and to other providers of Services (including Third Party Services). You agree that (a) all information you provide on or through the Marketplace (each, a "Submission") will be true, accurate and complete, (b) you will update each Submission as necessary so that it remains true, accurate and complete at all times, (c) you will not impersonate any person when making a Submission, (d) OpenUnit and the providers of Third Party Services are entitled to rely on your Submissions, (e) you will only include the personal information of another individual in your Submission if you have the express permission of that individual or if you are otherwise entitled to do so at law, (f) you will not include any statements or material that in any way infringes on the rights of others, (g) you have obtained at your own expense all necessary consents, rights and permissions required to grant to OpenUnit the license provided below, and (h) you will not include in any Submission or otherwise transmit any Malicious Code. By making a Submission, you thereby grant to OpenUnit and the providers of the Services an irrevocable, unlimited, sublicensable (through multiple tiers), transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for any purpose whatsoever, and you hereby waive all related moral rights. For a summary of how OpenUnit collects, uses and discloses personal information that might be included in a Submission, please see OpenUnit's Privacy Statement.
7. Fees and Payments
OpenUnit reserves the right at any time to charge fees for access to portions or all of the Marketplace, Services and Web Portal. We will obtain your prior agreement to pay such fees prior to charging your account. We will give you advance notice if at any time we require a fee for portions or all of the Marketplace, Services or Web Portal that are currently made available at no cost. All new fees, if any, will be posted prominently on the Marketplace and in other appropriate locations on the Service. All fees shall be billed to and paid for by you. You shall pay (a) all fees incurred through your account at the rates in effect for the billing period in which such fees are incurred, and (b) all applicable taxes relating to your purchases through your account.
8. Reservation of OpenUnit Rights
OpenUnit and its licensors and the providers of Services have and will retain all right, title and interest in and to the Marketplace, Services and Web Portal, and the software and systems used to provide them (including all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Marketplace, Services and Web Portal, as applicable. No rights are granted to you under these Terms other than as expressly set forth in these Terms. Without limitation, you have no right to use any trademarks owned or used by OpenUnit or by the providers of Services.
9. License to Use Your Feedback
You grant to OpenUnit and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.
10. Third Party Services
Some Services are provided by OpenUnit and Third Party Services are provided by third parties. You are responsible for all fees and taxes that may be charged for the use of Third Party Services. Your use of any Third Party Services is at your own risk. OpenUnit makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. OpenUnit does not guarantee the continued availability of Third Party Services, and OpenUnit may disable a Third Party Service in OpenUnit's sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider. Accordingly, OpenUnit expressly disclaims responsibility and liability for all Third Party Services, and you agree that OpenUnit shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly. Where you use a Third Party Service, you authorize us to provide your personal information and other information that you have provided to us to the provider of the Third Party Service to allow the provider of the Third Party Service to contact you.
11. Third Party Content
When you use Third Party Services, content is provided by providers of Third Party Services and other third parties (collectively "Third Party Content"). You use any Third Party Content at your own risk. OpenUnit makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Content. OpenUnit does not guarantee the continued availability of Third Party Content, and OpenUnit may disable or remove any Third Party Content in OpenUnit's sole discretion. OpenUnit expressly disclaims responsibility and liability for all Third Party Content, and you agree that OpenUnit shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Content.
12. Links to Other Sites
The Marketplace or Services may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not been reviewed by OpenUnit and are maintained by third parties over which OpenUnit exercises no control. Accordingly, OpenUnit expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
13. Functionality and Access
OpenUnit may at any time, with or without notice, without liability, and for any reason (a) remove any functionality from the Marketplace or Services, (b) change any functionality on the Marketplace or Services, (c) modify the Web Portal, and (d) deny any person access to the Marketplace or Services. OpenUnit furthermore reserves the right to take any action related to the Marketplace, Services or Web Portal that is required to comply with applicable law.
14. Disclaimer of Warranties and Limitation of Liability
The laws of certain jurisdictions do not allow limitations on implied warranties or conditions Or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the Below disclaimers, exclusions, or limitations might not apply to you, and you might have Additional rights. The marketplace, services and web portal (including, for greater certainty, the content Contained therein) are provided "as is" and "as available", and may include errors, omissions, or Other inaccuracies. Your use of the marketplace, services and web portal is at your own risk. Openunit disclaims all warranties, representations, covenants, conditions and other terms (express, implied, statutory or otherwise) in connection with the marketplace, services, and web Portal, including any warranties, representations, covenants, conditions or other terms of Merchantability, fitness for a particular purpose, accuracy, completeness, performance, and Non-infringement. Openunit makes no representation or warranty that the marketplace, services And web portal will operate error free or in an uninterrupted fashion, or that the marketplace, Services, or web portal will be secure, or that any files or information that you download from The marketplace and services will be free of malicious code. Openunit is not responsible for the Security of, or any information transmitted to or from, the marketplace or the services. Openunit makes no representations that the marketplace or the services are appropriate or Available for use in other locations. Those who access or use the marketplace or the services From other jurisdictions do so at their own volition and are responsible for compliance with Applicable law. Openunit makes no representations or warranties about any third party services Or third party web portals or related content directly or indirectly accessed through links in The marketplace, services, or web portal. Openunit shall not be responsible for any transaction That you may enter into with any third party, including any third party service provider. Your Sole and exclusive remedy for dissatisfaction with the marketplace, services, or web portal is to Stop using them. In no event will the maximum aggregate liability of openunit (and OpenUnit's directors, officers, Employees, partners, suppliers and agents, and the providers of third party services and third Party content) for all claims, damages, losses, liabilities, costs and expenses (including legal fees And expenses) (collectively "losses") to you related to the marketplace, services or web portal, or These terms, exceed the lesser of (a) the direct damages suffered by you, and (b) $100. Any action commenced by you against openunit must be brought within 12 months of the cause of action Arising. In no event will openunit (or OpenUnit's directors, officers, employees, partners, suppliers or Agents, or the providers of third party services and third party content) be liable to you for any Indirect, incidental, special, consequential, punitive, exemplary or aggravated damages, or for Any loss of revenue, savings, income, business, profit, goodwill or reputation whatsoever based On any legal theory (including tort or negligence), and even if advised of the possibility of those Damages.
15. Indemnity
You will indemnify and hold OpenUnit (and OpenUnit's directors, officers, employees, partners, suppliers and agents, and the providers of Third Party Services and Third Party Content) harmless from all Losses arising from your use of the Marketplace, Services or Web Portal, or your breach of any of these Terms, and from all Losses resulting from any Submission that is untrue, inaccurate or incomplete.
16. Termination and Suspension
If you fail to comply with these Terms, then, without limiting any other right or remedy available to OpenUnit, OpenUnit may suspend or terminate your access to all or any part of the Marketplace, Services or Web Portal, with or without notice to you, and without any liability to you or any other person. OpenUnit may suspend or terminate your access to all or any part of the Marketplace, Services or Web Portal, at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If OpenUnit terminates or suspends your access to all or any part of the Marketplace and/or some or all of the Services or Web Portal, then these Terms will nevertheless continue to apply in respect of your use prior to such termination or suspension.
17. Amendments
The "last updated" legend above indicates when these Terms were last amended. OpenUnit may unilaterally amend all or any part of these Terms at any time by updating these Terms on the Marketplace and providing notice to you. We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using the Marketplace, Services and Web Portal within the 30-day notice period, or up to 30 days after the notice period expires, if we have changed these Terms in a way that increases your obligations or reduces our own. If you continue to access or use the Marketplace, Services or Web Portal after the applicable 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
18. Governing Law & Jurisdiction
These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Marketplace, the Services or the Web Portal, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and OpenUnit each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (i) you agree that OpenUnit shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (ii) you agree that OpenUnit shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.
19. Injunction
You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to OpenUnit, such harm would not be quantifiable in monetary damages, and OpenUnit would not have an adequate remedy at law. You agree that OpenUnit shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that OpenUnit post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to OpenUnit to enforce any provision of these Terms.
20. Class Action Waiver
Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Marketplace, the Services or the Web Portal, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor OpenUnit will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
21. Entire Agreement
These Terms, together with any Additional Service Terms, represent the entire agreement between you and OpenUnit with respect to use of the Marketplace and Services, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and OpenUnit with respect to any of the foregoing.
22. General
If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of OpenUnit granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of [Canada], (b) "person" includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) "including" (and similar variations) means including without limitation. Failure by OpenUnit to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by OpenUnit of that or any subsequent default or failure of performance. OpenUnit's affiliates, OpenUnit's directors, officers, employees, partners, suppliers and agents, and providers of Third Party Services and Third Party Content, are third party beneficiaries of the sections titled "Disclaimer of Warranties and Limitation of Liability" and "Indemnity". Except as otherwise set forth in these Terms, there are no other third party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of OpenUnit. OpenUnit may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and OpenUnit and your and its respective successors and permitted assigns.
23. Contact
All comments, questions, concerns or complaints regarding your Personal Information or our privacy practices should be sent to our Privacy Officer as follows:
200 - 60 Atlantic Ave
Toronto Ontario Canada M6K 1X9