OAK TREE STORAGE, LLC - WEBSITE(S) TERMS OF USE

AGREEMENT BETWEEN USER AND OAK TREE STORAGE, LLC

This web site is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this web site constitutes your agreement to all such terms, conditions, and notices.

1                     SERVICES PROVIDED

Some services on this web site may be offered to you conditioned on your payment of service fees. If you elect to purchase such services and transmit to Oak Tree Storage, LLC a service purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all service fees you incur. Like all web site services, oaktreestorage.com, orthstor.com and any of our other websites may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Although Oak Tree Storage, LLC makes every reasonable effort to minimize such downtime, Oak Tree Storage, LLC does not guarantee 100 % availability of the oaktreestorage.com, orthostor.com or our other web sites. If you wish to cancel your service for any reason, you may do so through the My Account feature of this web site, but there are no refunds of service fees previously paid.

2                     SOFTWARE ON THIS WEB SITE

Software (if any) that is made available to download from this web site (" Software") is the copyrighted work of Oak Tree Storage, LLC and/or its suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"), and the Oak Tree Storage, LLC Terms and Conditions. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Oak Tree Storage, LLC hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this web site in accordance with these terms and conditions, and for no other purpose. Please note that all Software, including without limitation all HTML code and Active X controls contained in this web site, is owned by Oak Tree Storage, LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

3                     WEBSITE LINKS TO THIRD PARTY SITES

This web site may contain hyperlinks to web sites operated by parties other than Oak Tree Storage, LLC. Such hyperlinks are provided for your reference only. Oak Tree Storage, LLC does not control such web sites, and is not responsible for their contents. Oak Tree Storage, LLC’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

4                     LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OAK TREE STORAGE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS.

OAK TREE STORAGE, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OAK TREE STORAGE, LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. IN NO EVENT SHALL OAK TREE STORAGE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OAK TREE STORAGE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5                     PERSONAL AND NON-COMMERCIAL USE LIMITATION

This web site is for your personal/professional 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.

6                     COPYRIGHT AND TRADEMARK NOTICES:

All contents of this web site are the property of Oak Tree Storage, LLC and/or its suppliers, 553 Park Avenue, New York, NY 10065. U.S.A. All rights reserved.

Oak Tree and other names of Oak Tree Storage, LLC products and/or services referenced herein are trademarks or registered trademarks of Oak Tree Storage, LLC. Other product and company names mentioned herein may be the trademarks of their respective owners.

7                     NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this web site, you warrant to Oak Tree Storage, LLC that you will not use this web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

8                     GENERAL

This agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists or is intended to be created between you and Oak Tree Storage, LLC as a result of this agreement or your use of this and other Oak Tree Storage web sites.

Oak Tree Storage, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Oak Tree Storage, LLC’s right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by Oak Tree Storage, LLC with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law 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 continue in effect.

This agreement constitutes the entire agreement between the user and Oak Tree Storage, LLC with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Oak Tree Storage, LLC with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall 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.

Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.

9                     MODIFICATION OF THESE TERMS OF USE

Oak Tree Storage, LLC reserves the right to change the terms, conditions, and notices under which this web site is offered.