THIS AGREEMENT ALSO INCLUDES A JURY TRIAL WAIVER.
- Reservations; Pricing. You may reserve storage facilities through the Services. A reservation will guarantee your unit details, including the square footage, rate and potential savings; however, we reserve the right to cancel your reservation or make unit substitutions prior to you entering into a lease with us. All unit sizes are approximate, and facility features vary by location. You should contact individual locations to confirm features at a particular facility. Prices and selection of the Services generally match our retail prices and selection but may vary. Prices and offers are subject to change. Pricing, offers and discounts are subject to the terms of such offers and are available to new customers only and not for existing customers transferring units. All specials displayed or otherwise advertised are based upon unit availability, unit size, and any other additional terms provided in the offer. Other restrictions may apply including taxes and additional fees.
- collect information from the Services using an automated software tool or manually on a mass basis;
- use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
- reverse engineer, conduct penetration testing, or otherwise attempt to access or identify vulnerabilities in the Services;
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
- "flood" the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
- restrict or inhibit other users from accessing or using the Services;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
- access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
- Ownership. The Services (including the Content) are owned by Company and its licensors and are protected by copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Company and its licensors. You acknowledge and agree that, as between you and Company, Company is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
- Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Company of any unauthorized use of your account, or any other breach of security to your account. We are not liable for any loss or damage arising from your failure to protect your username or password.
- Mobile Application. If eligible, access to your storage facility may be conducted through our mobile application using Bluetooth locks ("Remote Access"). Remote Access allows you to wirelessly access your storage facility and is part of the Services. By using Remote Access, you agree to the following terms, in addition to all other terms that apply to the Services:
- you have sole responsibility of ensuring the Mobile Application is properly installed on your mobile device; we will have no responsibility or liability for any interruptions of use or availability of the Mobile Application, internet connection, Remote Access, or otherwise as it pertains to the functionality of the Mobile Application and/or Remote Access;
- you will timely pay any fees associated with use of the Services;
- you acknowledge that Remote Access relies on third-party infrastructure and system requirements and you must comply with these in order to continue use of Remote Access;
- you agree that you are responsible for all uses of your account and credentials and acknowledge that we will treat any person who presents your log-in credentials to access Remote Access as having sufficient authority to do so;
- from time to time, we may update the Mobile Application and you consent to all automatic updates to the Mobile Application;
- you will comply with our security measures, including but not limited to, two factor authentication; and
- Electronic Communications. The communications between you and Company via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Change and Suspension.
- Changes to the Services. Company reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Company will not be liable to you or to any third party for any such change, suspension, or discontinuance.
- Disclaimer; Limitation of Liability.
- Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 11 may not apply to you.
- Third Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that Company is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
- Geographic Restrictions. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Questions. If you have any questions or comments about this Policy, please contact us using the following contact information:
Life Storage Inc.
6467 Main St
Williamsville, NY 14221
- Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Text Messages. By providing your mobile number(s) to Company and opting into the short code program you agree and understand that:
- We may communicate with you at such number(s) by SMS text message, including through the use of an autodial system (“Texts”) for purposes such as billing reminders, account alerts, rental confirmations, reservation confirmations, reservation reminders, maintenance notifications, payment confirmations, cart abandonment, discounts, promotions, surveys, and moving services.
- If you wish to opt out of receiving further Texts from us, you may text STOP in response to a Text, upon which event we will send you one final Text as confirmation of your opt-out request. After this, you will no longer receive Texts from us. If you want to join again, just sign up as you did the first time, and we will start sending Texts to you again.
- If you are experiencing issues with the messaging program you can reply to a Text with the keyword HELP or call 1-888-586-9658 to receive more assistance.
- Message and data rates may apply.
- You will receive up to three marketing messages per month and up to six informational texts per month.
- Additional terms and conditions may be provided to you in the future (e.g., as part of an opt-in confirmation text message), and such terms and conditions will supplement and not replace these Terms.
- You further represent and warrant that you are the subscriber for the phone number(s) provided and you possess the phone(s) associated with such number(s). You agree to notify us if your phone number changes or you no longer possess the phone associated with such number.
- BY PROVIDING YOUR CELL PHONE INFORMATION, YOU KNOWINGLY AND VOLUNTARILY AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COMPLAINTS, DEMANDS, CLAIMS, CAUSES OF ACTION, LIABILITIES, COSTS, JUDGMENTS, DAMAGES, FINES, PENALTIES, COMPENSATION, ATTORNEY’S FEES, AND EXPENSES OF ANY KIND, INCLUDING ANY AND ALL TYPES OF INJURIES AND/OR DAMAGES SUFFERED BY YOU, WHICH ARISE AS A RESULT OF (OR ARE RELATED TO) TEXTS. YOU KNOWINGLY AND VOLUNTARILY AGREE NOT TO SUE, OR CAUSE ANY LAWSUIT, COMPLAINT, CLAIM, OR CHARGE TO BE FILED ON YOUR BEHALF AGAINST, COMPANY OR ITS VENDORS WITH RESPECT TO ANY SUCH DAMAGES.
- Participating wireless carriers may include AT&T, Boost Mobile, Sprint, T-Mobile®, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, and others, where available. This list is subject to change from time to time. Carriers are not liable for delayed or undelivered messages.