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Storage West Website and Pay Online Service

August 8, 2011

 

Terms of Use

 

The following Terms of Use govern your use of the storagewest.com website (the “website”) and our pay rent online service (the “service”), which are provided free of charge as a convenience to our customers.  By using the website, registering for the service or making a payment, you agree to be follow these Terms of Use.  If you do not agree to these Terms of Use, you may not use the website or service.

 

Representations

 

You represent that you are at least 18 years of age.  You must be age 18 or over to rent a storage unit from us.


You represent that all personal information that you enter on our website is true and accurate and pertains to your actual identity.


You represent that you are legally authorized to make payments using the payment card(s) you enter on our website.

 

Registration

To make an online payment using the service, you must first create a customer account on our website. Go to storagewest.com and click on the “PayYour Rent Online” button and follow the link to the registration page.  You will fill in your unit number and gate code, then create a user name and password for your account.  If you need help registering, call us at (877) 917-7990.

 

Payment Options

You may make payments to your Storage West account using a current, valid major credit card (VISA, American Express, MasterCard) or an accepted debit card issued by your financial institution.  You do not have to use the same card each time you make a payment.  No information about any payment card is stored on our website. 

 

The service does not allow you to make any partial payments or make a payment if your account is over sixty (60) days past due.

 

Payment Authorization

When you submit a payment using the service, you authorize our payment card processor to process your payment and you authorize the financial institution linked to your payment card to remit funds to Storage West in the amount specified by you. You acknowledge your obligation to pay such amount to us pursuant to the self-storage rental agreement between you and us. 

 

Posting Payments

You may pay your account balance on any day of the month, at anytime, except access to the service may be limited during the hours of 2:00 a.m. to 4:00 a.m. Pacific time daily for routine maintenance. 

 

Payments submitted and authorized by our credit card processor by 11:59 p.m. Pacific Time on any day will normally be credited to your account the same day.  We are not responsible for any failure or delay in payment not caused by Storage West.  To avoid potential late charges, we recommend you submit your payment five (5) days before the due date.  Your payment will be credited to your account on a provisional basis until we receive the funds. 

 

Fees and Charges

You will be responsible for applicable late fees and non-sufficient funds fees as stated in your rental agreement if your payment fails or is subsequently charged back or reversed.  You are also responsible for any fees and charges of your financial institution, as well as any telephone or internet service fees incurred by you in connection with your use of the service.


Privacy

 

We respect your privacy.  We will never sell or trade your personal information.  The personal information you provide us in connection with the service will be used only to provide the service and for other authorized purposes.  We will not intentionally disclose any of your personal information except as necessary to complete your transactions with us, to activate or terminate services provided by a third party, to respond to your request or follow your instructions, to verify your account to a third party such as a credit bureau, to enforce our agreements with you, to comply with the law or to protect ours’ or others’ safety, rights or property, or otherwise as authorized by you.

 

By using registering for the service, submitting any personal information, or making a payment, you agree to our Privacy Policy at www.storagewest.com/privacypolicy.

 

Password Security

 

You are responsible for protecting the confidentiality of your user name and password, and for anyone using the service on your behalf.  You agree not to give your user name or password to anyone whom you don’t authorize to use the service on your behalf. 

 

You are responsible for ensuring that you have logged out of the service when you complete your payment, to prevent unauthorized persons from accessing your account. 

 

If you become aware of, or suspect, any unauthorized use of your account, you must change your password  immediately by going to the storagewest.com website, logging into your account and clicking on the “Update Profile” tab, then entering a new password. 

 

Changes in Your Information

 

You are responsible for ensuring that the information in your account is accurate and up to date at all times, including your address, phone numbers and e-mail address.  You may update your personal information with us at any time in person at the office of the storage facility where you rent from us, or by writing to us at the facility address.

 

Change in Terms

 

We may change these Terms of Use at anytime, effective upon posting on our website.  Each time you use the website or service you are agreeing to the then current Terms of Use.  

 

Acceptable Use and Compliance with Laws

 

The website and service may not be used for any illegal activity or purpose, including unauthorized payments, fraud or identity theft.  As a condition of your use of the website and service, you agree that you will not use the website or service for any purpose that is not expressly authorized by Storage West, you will not interfere with any other party’s use of the website or service, nor will you attempt to gain access to the website or service through any unauthorized means.  In using the website and service you agree comply with all applicable federal, state and local laws, government orders and regulations, and you further agree to abide by all applicable rules and regulations of Storage West and of your payment card issuer, as amended from time to time.

 

Termination

 

Either you or us may terminate your use of the website and service at any time, for any reason or no reason.  Termination will not effect any obligations accruing before the termination takes effect.

 

Disclaimer of Warranties

 

WE PROVIDE THE STORAGE WEST WEBSITE AND PAY ONLINE SERVICE TO YOU AS A CONVENIENCE, FREE OF CHARGE, ON AN “AS IS”, “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, STORAGE WEST DISCLAIMS ALL WARRANTIES RELATING TO THE PAY ONLINE SERVICE, THE STORAGEWEST.COM WEBSITE, THE PERFORMANCE OR SECURITY THEREOF, OR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH STORAGE WEST, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, NOR IS THERE ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE HEREUNDER.  STORAGE WEST DOES NOT WARRANT THAT THE WEBSITE, THE SERVICE AND ITS APPLICATIONS WILL MEET YOUR REQUIREMENTS, ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY.

 

Exclusive Remedy

 

IN THE EVENT OF NON-PERFORMANCE OF THE WEBSITE OR PAY ONLINE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO RECEIVE A CREDIT TO YOUR ACCOUNT WITH US FOR ANY INCORRECT CHARGES BILLED TO YOU DUE TO OUR ERROR AND ANY PAYMENTS RECEIVED BY US BUT NOT PREVIOUSLY CREDITED TO YOUR ACCOUNT, AND A REFUND FOR ANY PRODUCTS OR SERVICES THAT YOU PAID FOR BUT DID NOT RECEIVE DUE TO OUR FAILURE.  IN NO EVENT WILL STORAGE WEST, OUR AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY OTHER DAMAGES, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF CAUSED BY OUR NEGLIGENCE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTHWITHSTANDING ANYTHING TO THE CONTRARY, THE TOTAL AGGREGRATE LIABILITY OF STORAGE WEST AND ANY THIRD PARTY SERVICE PROVIDERS HEREUNDER SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

 

Indemnification

 

To the fullest extent permitted by law, you agree to defend, indemnify and hold Storage West and its related parties harmless from all claims, damages, demands, liabilities, losses, suits, costs and expenses including reasonable attorneys’ fees and disbursements, arising from any (a) fraud, manipulation or misuse of our website or the service by you or anyone allegedly acting on your behalf, (b) any misappropriation or infringement of our’s or a third party’s intellectual property rights by you or anyone allegedly acting on your behalf, and (c) any violation of law or of these Terms of Use or the rights of others by you or anyone allegedly acting on your behalf. 

 

Arbitration

 

Any claim, controversy or dispute arising between you and us relating to the use of our website or the service, including these Terms of Use, shall be resolved by binding arbitration administered by JAMS using its Streamlined Arbitration Rules and Procedures, or by another mediation or arbitration service mutually acceptable to both parties.  All arbitration proceedings shall be conducted in the City and County of Los Angeles, California.  Since any dispute will involve distinct, personal issues unique to you, consolidated or class action arbitrations shall not be permitted. The arbitratability of disputes shall be determined by the arbitrator.  The arbitrator shall have no power to order injunctive relief, which may be sought solely in a court of law.  Judgment upon an arbitration award may be entered in any court of competent jurisdiction. 

 

Governing Law and Venue

 

The service and the Storage West website are arranged, sponsored and managed by Storage West in the State of California.  The laws of California govern these Terms of Use, without giving any effect to any conflict of laws principles.  Any dispute arising from your use of the website, the service or any products or services provided by or through Storage West in which the aggregate total claim for relief sought on behalf of one or more of the parties exceeds One Thousand Dollars ($1,000) shall be resolved in the City and County of Los Angeles, California and you consent to exclusive jurisdiction and venue in Los Angeles.

 

Miscellaneous

 

These Terms of Use constitute the complete agreement between you and us regarding the subject matter hereof, and may be modified only in writing by Storage West.  If any portion of these Terms of Use is held invalid or unenforceable, the remainder shall continue in full force and effect.  If there is any conflict between these Terms of Use and any other agreement or policy incorporated herein by reference, these Terms of Use will control.  No failure or delay by Storage West in enforcing its rights hereunder shall be deemed a waiver of any rights.  Storage West may assign all or part of the service, and may delegate to third parties some or all of its rights and responsibilities in connection with the service.  You agree to comply with requests for information and requirements from us or your financial institution in connection with your payment and/or use of the website or service.  Paragraph headings herein are for ease of reference only.

 


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All use subject to Conditions of Use


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