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Sale Terms

This document describes terms and conditions applicable to your use of the Services (as defined herein) made available by HPM (“We” or “Us”) at the website hpmstorageauctions.com (the “Site”).

Section 1: Information and Definitions
Please read and understand the following terms and conditions of use. Your registration on, and use of, the Site implies that you have read and accepted these terms and conditions. Do not use this Site if you do not agree and accept these provisions.

The following terms shall be defined as shown.

A. “You” means the individual accessing the Site and/or your authorized representatives and anyone you provide access to the Site via your username and password for the purpose of viewing, bidding on or entering into a Transaction on the Site.

B. “We”, “Us” and/or “HPM” refer to HPM Inc. dba Hometown Property Management whose principal office is located at 209 10th St SE, Jamestown, ND 58401.

C. “Services” means the content and functionality of the Site which allows You to bid on and purchase storage units being sold by HPM due to a storage lien auction sale.

D. “Site” means the HPM website available online at http://hpmstorageauctions.com.

E. “Content” means all listings, text, files, images or other materials posted on, transmitted through or linked from the Site.

F. “Sale Terms” means the terms and conditions of use that may change or be modified from time to time. If such changes occur, they will be posted on the Site and your continued use of the Site indicates your agreement to such terms.

G. “Transaction” means any purchase resulting from being the winning bidder of a storage unit's contents available at a self-storage lien auction sale. Your completion of the sale of the storage lien auction sale, removal of unit contents, and adherence to any Additional Agreements all constitute the Transaction for purposes of these Sale Terms.

Section 2: General Conditions
2.1 These Sale Terms set forth the general rules and conditions that apply to your use of the Site and any features or Services provided by Us. BY REGISTERING AS A BUYER OR OTHERWISE USING THE SERVICES, YOU AGREE TO THE SALE TERMS CONTAINED HEREIN. These Sale Terms are a legally binding agreement between You and HPM. and describes your responsibilities related to your use of the Services. Please read and understand these Sale Terms. By accessing the Site or using the Services, You affirm that You are over 18 years of age and are otherwise capable of forming legally binding contracts. If You do not agree with any part of these Sale Terms, You must not access the Site or use the Services.

2.2 We reserve the right at our sole discretion to modify or change the terms and conditions of these Sale Terms at any time. Except as otherwise noted, all changes shall be considered effective when they are posted on the Site. Your continued use of the Services indicates your agreement with the Sale Terms and any changes made by Us. It is your responsibility to review these Sale Terms periodically to stay apprised of any changes. Your right to use the Site and its Services is yours and is not transferrable to any other person or entity.

2.3 You may be presented with Additional Agreements in various places on the Site. You agree to be bound by those agreements and your continued use of the Site and its Services depends upon your agreement with such.

2.4 Your account is identified by your email address and is for your use only. All bids made using your account (winning or otherwise) are your responsibility. You are responsible for the confidentiality of your password and are responsible for all actions taken on the Site using your account. If You believe your account’s access has been compromised, please contact Us immediately.

2.5 You are allowed only one user account. No individual may have multiple accounts without express permission from Us.

Section 3: Auctions
The following describes the terms and conditions under which We offer the ability to bid on storage auctions being offered by HPM.

3.1 We do not conduct live auctions at storage facilities and are not auctioneers. We facilitate the exchange of bids to allow You to participate in storage lien auctions being held by HPM Inc.

3.2 Control. Due to lien laws, any unit and its content thereof may be removed from the available auctions list at any time.

3.3 Release. The actual Transaction of sale occurs between You and HPM.

3.4 Eligibility. We have the final say with regards to your eligibility to participate in our auctions, as well as clean out terms and payment terms.

3.5 Disclosures. Any pictures, inventory or description of contents is provided by HPM. You should be aware of local laws governing the process for handling any illegal materials found in any storage unit. You assume sole risk and liability in the event You remove illegal items in violation of local, state or federal laws.

3.6 Bidding and Conditions of Sale. Auctions may be canceled by HPM at any time up to the close of the auction and the determination of the winning bidder. Once the winning bidder has been notified the auction is considered closed. The winning bidder must then appear at our office within the time provided, pay the winning bid amount, empty and sweep the unit clean.

3.7 Site Uptime. We do not warrant that the Services will be available uninterrupted or error free, or that bids will be received or transmitted within any time frame. In no event shall We, our partners or vendors be held liable for lost profits or incidental, or consequential damages arising out of the failure of any information, data, or bid to be transmitted in a timely fashion, even if arising from our negligence.

3.8 Account Information. You agree to keep current any information associated with your account regarding your name, address or other data entered in the account profile area of the Site.

Section 4: Content
You hereby acknowledge and agree that:

4.1 All listings, text, files, images or other materials (“Content”) posted on, transmitted through or linked from the service are the sole responsibility of HPM from whom such Content originated.

4.2 The Service and Content may contain links to other websites. We make no representation or warranty as to the accuracy, completeness or validity of the information contained in any such link or website. Linking by You to any other website(s) is done at your own risk.

4.3 You agree that You must evaluate and bear all risks associated with the use of any Content, that You may not rely on such Content and that under no circumstances will HPM be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.

Section 5: Site Access, Monitoring and Compliance
5.1 Access to Services. We do not guarantee continuous or uninterrupted access to the Services. Your internet connection speed will determine page load performance.

5.2 No Interference. You agree that You will not use robots, spiders or other automatic or manual processes to monitor or copy our web pages, Content or data without our express written permission. You agree to not use any device or software to interfere with the proper operation of the Site or Services. You agree that You will not take any actions that will impose an unreasonable load on our servers or infrastructure.

5.3 Fraudulent Activity. You may not register to use the Services under a false name. You may not impersonate another user or make use of another user’s account or password.

5.4 Monitoring. You agree that We have the right to monitor any form of user activity on the Site or Content linked to or from the Site or Services.

5.5 Compliance. The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services and any transactions that may be conducted by means of the Services.

5.6 Remedies. Without limiting other remedies provided herein or available under law, We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registered user account and/or refuse to provide the Services to You: (i) if You breach these Sale Terms or any of the Additional Agreements it incorporates by reference or which You have separately entered into with HPM; (ii) if We are unable to verify or authenticate any information You provide to Us; or (iii) if We believe that your actions may cause legal liability for You, Us, our other users or other third party business affiliates.

Section 6: Indemnity
6.1 You agree to indemnify, defend, and hold HPM and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the “Company Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by You in connection with any use or alleged use of the service under your account by any person, whether or not authorized by You. HPM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with HPM’s defense of such claim.

6.2 HPM shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance or interruption of any of the Services. HPM reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time for any reason without prior notice or liability. HPM may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature or Content without prior notice or liability.

Section 7: Specific to the Purchase of Storage Unit Contents
This section describes your agreement with regards to the specifics of bidding on, and winning the contents of self-storage units being auctioned per the applicable lien laws. Additional rules may be specified by HPM and are shown on the auction detail page and also apply here, as Additional Agreements.

7.1 This public sale is being conducted pursuant to the North Dakota Self-Storage lien laws regarding tenants who have defaulted on their lease agreement.

7.2 To the best of HPM’s belief, none of the property in the unit is subject to a superior lien.

7.3 Once HPM determines the winner of an auction, that decision is final.

7.4 Storage units will have been opened for inspection and photographs.

7.5 All items contained in the storage units are sold “AS IS,” “WHERE IS,” “IN PLACE,” and “WITH FAULTS,” (NO EXCEPTIONS) and no guarantee or warranty is provided.

7.6 Payment of the winning bid amount is to be made directly to HPM in compliance with our payment policies.

7.7 In all cases, the unit must be clean and empty within forty-eight (48) hours of the auction close and notification of winner.

7.8 Deposit. HPM will charge a cash cleaning deposit to auction winner as part of the Transaction. You are not allowed to use the dumpster on the storage facility property or any other empty storage unit. Make sure your unit is 100% empty and broom swept clean in order for your deposit to be refunded. Deposit will be refunded after satisfactory unit inspection by HPM.


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