- Additional Terms
Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.
Except as expressly provided below, the Services may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the Services. Your use of the Services will be deemed to be a representation that you are of the age of majority or older or are using the Services with the permission of your parent or guardian. We require that all purchases be made either (i) by individuals of the age of majority or older or (ii) by minors given verifiable permission by their parent or legal guardian to purchase Products on the Services.
- Account and Password Security
Through the Site, you may create your own account with EZ Storage by completing the online registration process on the Site. As part of the registration process, you will be asked to provide certain personal information. If you elect to provide information to EZ Storage, you agree to provide information that is true and accurate, and to update such information if it changes. If you elect not to provide that information, or if the information you provide is not complete, current, true and accurate, you may not be able to use some or all of the Service.
You may also be required to choose a username and password. Your username and password will be your identity for purposes of interacting with EZ Storage through the Site. You shall use your account, username and password solely in accordance with these Terms of Service. You are solely responsible for maintaining the security of your username and password and any activity that occurs under your account. You will promptly notify EZ Storage via e-mail if you learn of or suspect any loss, theft or unauthorized use of your account, username or password.
The content on the Site and all aspects of the Services, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “EZ Storage Content”), and the EZ Storage word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site or through the Services that constitute trademarks (collectively, “Marks”), are owned by or licensed to EZ Storage and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.
- Use of the Services
The Services are provided for your personal use only.
Prohibited activities include, without limitation, the following:
- knowingly transmitting any material through the Site that contains adware, malware, spyware, 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;
- impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;
- interfering with or disrupting the Site or servers or networks connected to the Site;
- attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the Site;
- attempting to interfere with any security feature of the Site or the Services; and
- launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site or the Services in a manner that sends more request messages to the Services in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser (although EZ Storage may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials).
EZ Storage reserves the right, but undertakes no obligation, to actively report and prosecute actual and suspected credit card fraud. EZ Storage may, in its discretion, require further authorization from you such as a telephone confirmation of your order and other information. EZ Storage reserves the right to cancel, any order if fraud is suspected. EZ Storage captures certain information during the order process, including time, date, IP address and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, EZ Storage reserves the right, but undertakes no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. EZ Storage reserves the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
- Links to Other Web Sites
The Site may contain links to third party Web sites or Internet resources that are not owned or controlled by EZ Storage. EZ Storage’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify EZ Storage’s endorsement of such other Web site or resource or its contents. EZ STORAGE SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF ANY THIRD PARTY WEB SITES OR RESOURCES, AND EZ STORAGE DOES NOT WARRANT, ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY SUCH THIRD PARTY WEB SITES OR RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH ANY LINKED WEB SITES OR FEATURED IN ANY ADVERTISING.
YOU EXPRESSLY AGREE THAT USE OF THE site and the SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EZ Storage EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY AND NON-INFRINGEMENT), WITH RESPECT TO THE site and the SERVICES. without limiting the foregoing and TO THE MAXIMUM EXTENT PERMITTED by LAW, ez storage ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OBTAINED FROM THE USE OF THE SERVICES;
- PERSONAL INJURY OR OTHER HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
- FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
- Limitation of Liability
IN NO EVENT WILL EZ STORAGE BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IT WAS ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
- Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent EZ Storage may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of EZ Storage’s liability shall be the minimum permitted under such applicable law.
- Force Majeure
Without limiting the foregoing, under no circumstances will EZ Storage be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
EZ Storage may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability. In the event of any such termination, the indemnification provisions set forth above shall survive.
- Modifications to the Services
EZ Storage reserves the right to modify or discontinue the Site or Services with or without notice to you. EZ Storage shall not be liable to you or any third party should EZ Storage exercise its right to modify or discontinue the Services.
NO CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS EZ STORAGE AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOUR CONTINUED USE OF THE SITE AND/OR SERVICES CONSTITUTES YOUR AGREEMENT TO THESE PROVISIONS, AND YOU ARE INTENTIONALLY WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
By using the Site and/or the Services, you agree that these Terms of Service and the relationship established thereby involve interstate commerce and that the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) applies.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR EZ STORAGE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- General Provisions
Effective Date: January 2017
Last Modified: January 18, 2017
1. Questions and Opt Out.
We will not disclose Personal Information to third parties for their direct marketing purposes without your consent. If, after providing consent, you want to opt out of having your Personal Information disclosed to third parties for their direct marketing purposes, please let us know by sending us an e-mail at P.O. Box 260260 Encino, CA 91426 or by writing to us at EZ Storage, Attn: Customer Service – Privacy, P.O. Box 260260 Encino, CA 91426. Please be sure to include your full name, e-mail address and mailing address and specifically state that you do not want your personal information shared with third parties for their direct marketing purposes.
2. Updating Your Personal Information and Controlling Your Profile.
The Site provides tools for you to correct, update or edit your Personal Information and control your account. You may also edit your profile and other information by emailing us at firstname.lastname@example.org or by writing to us at EZ Storage, Attn: Customer Service – Privacy, P.O. Box 260260 Encino, CA 91426.
3. Information You Choose To Submit.
If you apply for a Rental Agreement, regardless of whether you also register to use the Services, we collect your name and e-mail address and other personal information including, without limitation, billing and payment information, address, phone number, and any other personal information that you choose to provide to us (collectively, the “Personal Information”).
4. Information We Automatically Collect.
5. How We Use Information.
We may use your Personal Information for purposes of (a) conducting credit inquiries; (b) processing orders and payments; (c) maintaining or updating your account; (d) improving the Services; (e) displaying content that is more relevant to your interests and preferences; (f) providing customer service; (g) notifying you of updates or changes to the Services and (h) obtaining your feedback and input about the Services. In addition, if you have opted into receiving other communications from us, we use your Personal Information for that purpose.
6. How We Share Your Information.
We may disclose aggregate Usage Data to third parties. However, this aggregate data will not involve the disclosure of Personal Information nor personally identify you or any other users of the Services.
7. Other Authorized Disclosures.
8. Public Areas.
Your use of areas of the Site and Services that are intended for interaction with other users may reveal your username and may allow you to publish certain personal information about yourself. By choosing to use these areas, you understand and agree that anyone with access to those areas may access and forward any information about you that is contained in or that you post to those areas. As with any social networking service, you should use care when disclosing your personal information to strangers.
9. Links to Other Sites.
The security of your Personal Information is important to us. We use standard security procedures and practices appropriate to the nature of the information in an effort to protect information from unauthorized access, destruction, use, modification or disclosure. We also require our Service Providers to implement and maintain reasonable security procedures and practices appropriate to the nature of the information we share with them. No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect Personal Information, we cannot and do not guarantee or warrant the security of any information you transmit to or from the Site or Services, and you do so at your own risk.
11. Children's Privacy Statement.
We do not knowingly collect personally identifiable information from children under the age of thirteen (13). If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen (13), we will delete such information from our records. Because we do not knowingly collect any personally identifiable information from children under the age of thirteen (13), we also do not knowingly distribute such information to third parties.
12. Data Processing in the United States.
Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Services, you agree that the collection, use, transfer and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.
Effective date: January 18, 2017.