Terms and Conditions
CubeSmart® welcomes you to the CubeSmart website (collectively with any website, mobile application, or other network-connected products and services that link directly to this website, the “Site”). These Terms of Use incorporate the CubeSmart Privacy Policy which can be found at http://www.cubesmart.com/legal/privacy-policy/, the CubeSmart Copyright Infringement Notice Policy which can be found at http://www.cubesmart.com/legal/copyright-infringement/ and the Trademark Usage Guidelines which can be found at www.cubesmart.com/legal/terms/#trademark-usage/,[AM1] which collectively constitute the entire agreement between you and CubeSmart with respect to your use of the Site (referred to herein as this “Agreement”). If you are a customer of CubeSmart, you may be subject to other agreements with CubeSmart. This Agreement applies to use of the Site and does not change or alter any other contract or agreement between you and CubeSmart. This Agreement governs your access to and use of the Site, as well as the information and materials found on the Site.
Please read these terms and conditions carefully before using this Site. The term “you” shall mean you, your employees, agents and contractors and any other entity on whose behalf you accept the terms of this agreement (collectively, “you”). If you are not the age of majority in your jurisdiction or do not agree to all of these terms, do not use the Site in any manner.
By accessing the Site in any way or using any content or services provided through the Site, you agree to and are bound by this Agreement. If you are using the Site on behalf of your employer, you represent and warrant that you are authorized to accept these terms on your employer’s behalf, and your employer agrees to indemnify you and CubeSmart for violations of this Agreement.
These terms of use contain an arbitration clause and a class action waiver clause. By using the Site, you are accepting this Agreement and, while you may still pursue claims against Cubesmart, you are agreeing that you must pursue certain of your claims in a binding arbitration proceeding (and not in a court). In addition, any and all claims are to be pursued only on an individual (and not a class action) basis. Please read these terms carefully to understand your rights and responsibilities.
Purchases:
All services offered for purchase on the Site are subject to availability. The prices stated for such services are subject to change without notice at any time, at CubeSmart’s sole discretion. Any CubeSmart publication concerning CubeSmart’s services may include inaccuracies or typographical errors. CubeSmart shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. CubeSmart may make improvements and/or changes in the services described in these publications at any time without notice.
CubeSmart may reserve the right, at CubeSmart’s sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by CubeSmart, payment must be received by CubeSmart prior to acceptance of an order. Some situations that may result in cancellation include inaccuracies or errors in service or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.
You understand that services purchased by you may be subject to applicable foreign, state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of services purchased and your designated address. Taxes and shipping costs are not included within the listed prices for services displayed on the Site but are included as a separate line item and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for services purchased through the Site and paying applicable Taxes associated with the purchase and sale of the services.
Payment will be processed by CubeSmart’s independent third-party payment processor, using the payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. CubeSmart may charge another stored payment method if your default payment card is declined or no longer available to CubeSmart.
Consent to Receive Communications:
You may decide to subscribe to CubeSmart’s short code mobile message program (the “Program”) to receive SMS/text messages from CubeSmart. If you choose to opt-in and consent, such as by providing your telephone number to us and clicking submit online, we will collect information about your interactions with the SMS/text messages that we may send to you from time to time as part of the Program.
By providing your telephone number and clicking submit online, you agree to CubeSmart’s Privacy Policy and this Agreement, and authorize CubeSmart to make or initiate calls, text messages and prerecorded voicemails to that phone number using an automated system. Your agreement is not a condition of purchasing any products or services. Message & data rates may apply, and message frequency may vary.
CubeSmart does not sell information that we obtain from you through our Program, including personal information you submit to us online to consent and opt-in to the Program, and we do not share that information with non-affiliated third parties for any purpose other than to provide the services, and other information requested by you, or to fulfill our legal obligations.
Intellectual Property Rights:
The Site is owned by CubeSmart and is protected by United States intellectual property laws (including trademark or copyright laws) and international treaty provisions. All content, including but not limited to images, information, products, services, documentation, software, trademarks, service marks, trade names, logos, and icons used by CubeSmart or featured on the Site are proprietary to CubeSmart or its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, logo, or trade name, including, without limitation, the USI Marks (collectively, “Trademarks”) displayed or featured on the Site without the prior written permission of CubeSmart. Your use of the Trademarks displayed on the Site, except as provided herein and in the Trademark Usage Guidelines, is strictly prohibited. You may not use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, except as provided herein or with prior written permission from CubeSmart. The Site may include the product and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners.
CubeSmart grants you a limited license to access and make personal use of the Site subject to this Agreement. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of CubeSmart.
Your Conduct and Use of the Site:
You agree that You will not use any content or services provided through the Site for any purpose that is unlawful or contrary to this Agreement. You agree not to use the Site: (i) in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; (ii) in any manner that violates any applicable federal, state, local or international law or regulation; to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by CubeSmart, may harm CubeSmart or users of the Site or expose them to liability; (iii) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site; (iv) use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent; (v) use any device, software or routine that interferes with the proper working of the Site; or (vi) otherwise attempt to interfere with the proper working of the Site. You may not violate or attempt to violate the security of the Site, including without limitation, by (i) gaining unauthorized access to any data, account, computer systems, or networks associated with the Site; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
CubeSmart has no obligation to monitor use of the Site by others. However, CubeSmart reserves the right to review materials posted to the Site, including to any blogs, and to remove and/or edit any materials or event terminate your access to or use of the Site to prevent further posting of materials in its sole discretion. You agree to only post, send, and receive messages and materials that are lawful and relevant to the Site.
You agree not to upload, post, or otherwise transmit via the Site any information that: (i) includes unauthorized disclosure of personal information; (ii) is unlawful, inaccurate, harmful, obscene, lewd, pornographic, defamatory, libelous, racist, violent, threatening, offensive, harassing, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise objectionable to CubeSmart or other users of the Site; (iii) is hateful or is discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age; (iv) includes material about any individual when you have knowledge that such individual objects or has objected to such submission; (v) is an advertisement or solicitation of business or employment; (vi) impersonates another person; (vii) is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CubeSmart all of the license rights granted in this Agreement; (viii) unsuitable for minors in any country; or (ix) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. In addition, you agree not to harvest any email addresses from the Site for the purpose of sending email in violation of the law or this Agreement. You understand that by using the Site, you may be exposed to content from others that is offensive, indecent, or objectionable.
Customer Accounts:
As a Site user or customer (collectively, “Customer”), you will represent yourself accurately and truthfully at all times. You grant to CubeSmart the right to independently verify any information that you post on the Site about yourself, although CubeSmart does not routinely undertake any verification. CubeSmart reserves the right to constitute classes of users of the Site, granting access to certain areas of the Site only to certain users.
You may register an account on the Site. You agree that the information you provide to CubeSmart during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that CubeSmart has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, CubeSmart has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your account holder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at privacy@cubesmart.com. CubeSmart will not be liable for losses, damages, liability, expenses, and fees incurred by CubeSmart or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
Information and Content Submitted by You:
You are solely responsible for all items that you upload, post, or otherwise transmit via the Site. CubeSmart does not claim ownership of such items and has no obligation of any kind with respect to such items. CubeSmart will be free to use or disseminate such items on an unrestricted basis for any purpose, and you hereby grant to CubeSmart and all other users of the Site an irrevocable, perpetual, worldwide, transferable, sublicensable (through multiple tiers of sublicensees), royalty-free, fully paid up, nonexclusive license to use, copy reproduce, modify, disclose, distribute, transmit, display, perform, adapt, resell, publish, incorporate, create derivative works of, commercialize and otherwise exploit such items (including in digital form) alone or as part of other works in any form, media, or technology whether now known or hereafter developed.
Cubesmart will treat any items that you upload, post, or otherwise transmit via the site as non-confidential and non-proprietary. If you choose to use your real name, your name will be available to and viewable by anyone using the world wide web and/or using a search engine. You are not required to use your real name and the decision to do so is made at your sole discretion.
No compensation will be paid with respect to the use of any items that you upload, post, or otherwise transmit via the Site. CubeSmart is under no obligation to post or use any such items and CubeSmart may remove any such items at any time in its sole discretion. You represent and warrant that: (i) you are the copyright owner of such items, or that the copyright owner of such items has granted to you permission to use such items consistent with the manner and purpose of your use and as otherwise permitted by this Agreement and the Site; (ii) you have the rights necessary to grant the licenses and sublicenses described in this Agreement; and (iii) that each person depicted in such items, if any, has provided all required consent to the use of such depictions as set forth in this Agreement, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such depictions.
Neither CubeSmart nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demonstrations, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CubeSmart’s products or marketing strategies might seem similar to ideas submitted to CubeSmart. Please do not send your unsolicited ideas to CubeSmart or anyone at CubeSmart. If, despite our request that you not send to us your ideas and materials, you still send them, please understand that CubeSmart makes no assurances that your ideas and materials will be treated as confidential or proprietary.
You agree to indemnify, defend, and hold harmless CubeSmart and its subsidiaries, affiliates, parent companies, officers, managers, members, agents, co-branders, partners, licensors, and employees from any claim or demand, including, without limitation, arbitration costs and reasonable attorneys’ fees, made by any third party relating to or arising out of: (i) items you upload, post or otherwise transmit via the Site; (ii) your use of the Site, including any use by your employees; (iii) your connection to the Site; (iv) your violation of this Agreement; or (v) your violation of any rights of another.
Copyright Policy:
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send CubeSmart a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CubeSmart to locate the material on the Site;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send CubeSmart a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to privacy@cubesmart.com.
Third-Party Posts:
Any use or reliance on any posts made by other users or third parties on the Site (“Third-Party Posts”) is at your own risk. CubeSmart does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Posts or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Third-Party Posts that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that are deceptive. All Third-Party Posts are the sole responsibility of the individual who originated such Third-Party Posts. CubeSmart may not monitor or control the Third-Party Posts and CubeSmart cannot take responsibility for such Third-Party Posts.
Links:
Links to or from other Internet sites may be included at times as a convenience to the user. These sites have not necessarily been reviewed by CubeSmart and are maintained by third parties over which CubeSmart exercises no control. Accordingly, CubeSmart expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and/or software downloaded from these third-party web sites. Moreover, these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and CubeSmart takes no responsibility for them.
Disclaimer of Warranties:
The Site and all content and services contained therein, including, without limitation, trademarks, Third-Party Posts and any software is provided on an “as is” and “as available” basis and without warranties or representations of any kind, either expressed or implied. To the fullest extent permissible under applicable law, CubeSmart and its agents and all predecessors, successors, and assigns disclaim all warranties and representations, expressed or implied, relating to the Site and any content and services available on the Site, including but not limited to any warranties and representations of noninfringement of third party intellectual property rights, title, merchantability, fitness for a particular purpose, quiet enjoyment, system integration, or data accuracy. CubeSmart does not warrant or represent that any content of the Site (including any software) or any data on the Site or any services is accurate, error-free, complete, or current, that use of such content, data, or services will be uninterrupted, that defects will be corrected, or that the Site, its content, data, or services and the servers on which the Site, content, and services are available, are free of viruses or other harmful components. Moreover, CubeSmart disclaims any obligation to maintain the Site or keep it operational. Applicable law may not allow the exclusion of certain warranties, so these exclusions may not apply to you in whole or in part. You assume the sole risk of making use of the Site and the content and services it provides. The parties to this agreement acknowledge and agree that the limitations provided herein apply notwithstanding any failure of essential purpose of any limited remedy.
Limitation of Liability:
Under no circumstances will CubeSmart or its subsidiaries, affiliates, parent companies, officers, managers, members, agents, co-branders, partners, licensors, employees, predecessors, successors, or assigns (collectively, the “CubeSmart parties”) be liable to you for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if CubeSmart has been advised of the possibility of such damages), arising out of or resulting from: (a) the use or the inability to use the Site or services; (b) the use or the inability to use any other web site to which this Site is linked; (c) the content of this Site or other web sites to which this Site is linked; (d) any viruses or harmful components derived from this Site or any other web site to which this Site is linked; (e) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Site or service; (f) unauthorized access to or alteration of your transmissions or data; (g) statements or conduct of any third party on the Site or services; or (h) any other matter relating to the Site or service. Under no circumstances will the total liability of the CubeSmart parties to you or any other person or entity in connection with the foregoing exceed the price paid by you during the preceding year for use of the Site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of the CubeSmart parties shall not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any of the terms of this Agreement, or feel we have breached the terms of this Agreement, your sole remedy is to discontinue using the Site.
Any claims arising in connection with your use of the Site or any services purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.
Indemnification:
You agree to indemnify, defend and hold harmless the CubeSmart parties from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of this Agreement or from our termination of your account or access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
Dispute Resolution:
Any dispute arising out of any transaction conducted with CubeSmart, such as making a purchase or creating an account, shall be resolved exclusively through final and binding arbitration conducted by the National Arbitration and Mediation at namadr.com (the “NAM”). You and CubeSmart agree to waive your right to assert or participate in a class action lawsuit or class-wide arbitration, and any trial by jury. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.;. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Chester County, Pennsylvania, unless CubeSmart elects otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflict-of-law rules. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the NAM’s rules, unless otherwise stated in this agreement to arbitrate. In the event the arbitrator determines the claim(s) you or we assert in the arbitration to be frivolous, you and we agree to reimburse the other for all fees associated with the arbitration paid by the other or otherwise would be obligated to pay under the NAM’s rules. With the exception of the delegation clause, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
You can choose to reject this agreement to arbitrate by mailing to CubeSmart a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms of Use for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the CubeSmart account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with CubeSmart.
Forum Selection:
Aside from any claim subject to the arbitration provision included above, any dispute arising out of or relating to the Site shall be brought exclusively in state or federal court in Chester County, Pennsylvania unless the parties mutually agree otherwise. You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of or relating to this Agreement.
Class Action Waiver:
Any dispute arising out of or relating to the Site shall be resolved exclusively on an individual basis. You and CubeSmart agree to waive your right to assert or participate in a class action lawsuit, to assert or participate in any joint or consolidated lawsuit, and to have a trial by jury.
Choice of Law
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law rules.
Notices:
Except as otherwise expressly provided in this Agreement, CubeSmart may provide notice to you via email to your last known email address, regular mail to your last known mailing address, or posting notices or links to notices on the Site.
Amendment:
Unless otherwise noted, CubeSmart may change this Agreement, including the Privacy Policy, the Copyright Infringement Notice Policy, and the Trademark Usage Guidelines, at any time, effective immediately. You understand that CubeSmart reserves the right to make these changes and that you are responsible for regularly reviewing these terms. Your continued access to or use of the Site after any change will constitute your consent to the change. In some cases, if in the reasonable view of CubeSmart, a change to this Agreement (including to the Privacy Policy, Copyright Infringement Notice Policy, or Trademark Usage Guidelines) constitutes a material change, such a change will not take effect until 30 days after notice is provided by email, posting to the Site, or otherwise, during which time you may notify us that you do not accept the change. Your continued use of the Site after such 30 day period will mean that you accept any such change. Unless explicitly stated otherwise, any new features that change or improve the Site will be subject to this Agreement, as modified from time to time. No modification of this Agreement will be binding on CubeSmart unless posted by CubeSmart, or unless adopted in writing and signed by someone authorized to act on behalf of CubeSmart.
Termination:
CubeSmart reserves the right at any time to modify, suspend, or terminate the Site (or any part thereof), with or without notice. CubeSmart will not be liable to you or to any third party for any modification, suspension, or termination of all or any portion of the Site, or loss of related information. CubeSmart reserves the right in its sole discretion to terminate or restrict your access to and use of the Site, or any part of the Site, without notice, for any or no reason, and without liability to you or any third party. The portions of this Agreement relating to Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, and Choice of Law and Venue, and all terms of this Agreement which by their nature should survive, shall survive the termination or expiration of this Agreement.
California
Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.
General Terms:
You may not assign or otherwise transfer this Agreement or any right granted hereunder. We may transfer our rights and obligations under this Agreement to another organization, but this will not affect your rights or your obligations under this Agreement. You agree that there shall be no third party beneficiaries to this Agreement. You agree that any material breach of this Agreement will result in irreparable harm to CubeSmart for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CubeSmart will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CubeSmart seeks such an injunction.
Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. If any provision of this Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of this Agreement will remain in full force and effect.
CubeSmart’s performance under this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CubeSmart’s right to comply with governmental, arbitral, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CubeSmart with respect to such use.
A printed version of this Agreement and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Terms of Use Effective Date: May 15, 2017
Trademark Usage
CubeSmart’s® trademarks, service marks and trade dress (collectively, “Trademarks”) are valuable intellectual property assets, and they should only be used pursuant to CubeSmart’s Trademark Usage Guidelines. Nothing in these Guidelines grants the right to use any CubeSmart Trademarks in any manner or to acquire any domain names that include any CubeSmart Trademarks. These Trademark Usage Guidelines may be modified by CubeSmart from time to time, in CubeSmart’s sole discretion. Licensees of CubeSmart and other third parties may be subject to additional use restrictions.
Use of CubeSmart Trademarks
CubeSmart Trademarks should only be used to refer to CubeSmart products and services, and only in a manner that is true, accurate, not misleading and fair.
The CubeSmart company logo and its trade dress should not be used without the company’s express written authorization. Likewise, its trademarks and service marks should not be used in their stylized form without the company’s express written authorization; they should be used only in standard text with initial caps or all caps.
The CubeSmart Trademarks should be presented in a manner that makes them stand out from the text around them, such as in initial caps or all caps. Use an appropriate trademark symbol and/or trademark acknowledgement of CubeSmart’s ownership of the Trademarks. Use ™ (for “trademark”) or SM (for “service mark”) for unregistered marks or ® for registered marks, and/or use the following form of acknowledgement: “CubeSmart and the company logo are trademarks of CubeSmart.”
Do not use a CubeSmart Trademark as a noun, in a plural form, or in a possessive form. A CubeSmart Trademark should not be used in a generic or descriptive fashion. A Trademark should be used as an adjective, followed by the appropriate noun, such as: “CubeSmart products and services help you organize your property.”
Do not incorporate CubeSmart Trademarks into marks of other companies, organizations or individuals, do not modify the Trademarks in any manner, and do not join the Trademarks together to other words, names, symbols, numbers or phrases. The Trademarks should not be translated into another language.
CubeSmart Trademarks
CubeSmart is developing new products and services, and anticipates that it will launch new trademarks, service marks and trade dress designs in the future. CubeSmart Trademarks currently include, but are not limited to:
CubeSmart
Storage. Service. Solutions.
We’ve got the space you need!
Cubesmart storage valet