Self Storage at EZ Storage

Terms of use

These Terms of Use (the “Terms of Use”) govern your use of all web sites, (collectively, the “Site”), including without limitation www.ezstorageonline.com, owned and operated on behalf of “EZ Storage,” any and all associated services provided in connection with the Site (collectively, the “Services”).  As used herein, the term “EZ Storage” includes those limited partnerships for which E-Z Storage, LLC is the general partner, each of which owns a separate self-storage facility, together with their affiliates.  Please read these Terms of Use carefully.  These Terms of Use constitute a binding agreement between you and EZ Storage regarding your use of the Services.  By using the Services, you agree to be bound by these Terms of Use and the EZ Storage Privacy Policy. Unless you agree to all of the provisions of these Terms of Use, you may not use the Services.  Your continued use of the Site constitutes your agreement to all of these Terms of Use.

 

  1. Terms of Use Changes

EZ Storage may, in its sole and absolute discretion, change these Terms of Use from time to time.  EZ Storage will post a copy of these Terms of Use as changed on the EZ Storage website. Your continued use of the Site or Services constitutes your agreement to abide by these Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Services.

  1. 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.

  1. Eligibility

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.  

  1. 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.

  1. Ownership

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.

 

  1. Use of the Services

The Services are provided for your personal use only.

Prohibited activities include, without limitation, the following: 

  1. violating any local, state, national or international law or regulation or any provision of these EZ Storage Terms of Use;
  2. 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;
  3. impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;
  4. interfering with or disrupting the Site or servers or networks connected to the Site;
  5. attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the Site;
  6. attempting to interfere with any security feature of the Site or the Services;  and
  7. 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). 
  1. Privacy Policy

You agree that EZ Storage may use any information EZ Storage obtains about you in accordance with the provisions of the EZ Storage Privacy Policy.

  1. Fraud

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.

  1. 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.

  1. Disclaimer

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: 

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OBTAINED FROM THE USE OF THE SERVICES;
  2. PERSONAL INJURY OR OTHER HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
  4. ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
  6. 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.
  1. 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).

  1. 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.

  1. Indemnity

You agree to indemnify, defend, and hold harmless EZ Storage and its affiliates and any of their respective officers, employees, directors, shareholders, agents, partners, members, professional advisors, licensors, successors and assigns (the “EZ Storage Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to EZ Storage; (b) your use of the Site and the use of the Services under your account; or (c) your violation of these Terms of Use.  EZ Storage reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EZ Storage in asserting any available defenses.

  1. 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.

  1. Termination

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.

 

  1. 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.

  1. Arbitration

You and EZ Storage agree that we will resolve any controversies, claims, counterclaims, or other disputes (collectively, the “Claims”) between us that arise solely as a result of your use of the Site, the Services or these Terms of Use through binding and final arbitration as described herein instead of through court proceedings.  All such Claims shall be submitted to the American Arbitration Association for binding arbitration in accordance with its Consumer Arbitration Rules (the “AAA Rules”).  The arbitration will be heard and determined by a single arbitrator in Los Angeles County, California.  The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

Notwithstanding any other provision in these Terms of Use, if you have a Claim under the Terms of Use and under a Month to Month Rental Agreement with EZ Storage, retains the right to pursue any eviction and/or unlawful detainer remedies in court.

Notwithstanding any other provision in these Terms of Use the parties will each have the right to file with a court of competent jurisdiction an application for temporary or preliminary injunctive relief, writ of attachment, writ of possession, temporary protective order, or appointment of a receiver if the arbitration award to which the applicant may be entitled may be rendered ineffectual in the absence of the relief, or if there is no other adequate remedy. Filing any such application will not waive a party’s arbitration rights under this Agreement.

Notwithstanding any other provision in these Terms of Use, no unilateral amendment to these Terms of Use will retroactively modify the dispute-resolution provisions as set forth herein.

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.

  1. General Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions, and applicable federal law including without limitation the Federal Arbitration Act.  If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  The failure of EZ Storage to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.  These Terms of Use, the EZ Storage Privacy Policy, together with and any other policies, rules or guidelines posted in connection with the Site or Services and any Month to Month Rental Agreement (“Rental Agreement”) entered into between you and EZ Storage and any amendments thereto constitute the entire and exclusive agreement between EZ Storage and you regarding the Site and Services. In the event of any conflict between these Terms of Use and your Rental Agreement with respect to any dispute relating to your rental of storage space, the terms of the Rental Agreement will control.

 

Effective Date: January 2017

 

EZ Storage Privacy Policy

Last Modified: January 18, 2017

Your privacy is important to us and we have prepared this Privacy Policy to explain to you how we collect, use and share your personal information. This Privacy Policy governs all personal information that is collected (a) in connection with any application for a Month to Month Rental Agreement (“Rental Agreement”) with EZ Storage, (b) as a result of your entering into a Rental Agreement with EZ Storage or (c) your use of any web site owned or operated on behalf of EZ Storage, including without limitation www.ezstorageonline.com (collectively, the “Site”), and any and all associated services provided in connection with the Site (collectively, the “Services”). As used herein, the term “EZ Storage” includes those several limited partnerships for which E-Z Storage, LLC is the general partner, each of which owns a separate self-storage facility, together with their affiliates. By applying for or entering into a Rental Agreement, and, if applicable, by using the Site or the Services, you consent to the collection and use of your “Personal Information” as outlined in this Privacy Policy. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us.

1. Questions and Opt Out.

If you would like to ask questions or provide comments regarding this Privacy Policy you may do so by sending us an e-mail at sitemaster@ezstorageonline.com or by writing to us at EZ Storage, Attn: Customer Service – Privacy, P.O. Box 260260 Encino, CA 91426.

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 sitemaster@ezstorageonline.com 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.

We automatically collect certain non-personal information to help us understand how our users use the Service (which we will refer to in this Privacy Policy, collectively, as “Usage Data”). For example, each time you use the Services we may automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. This anonymous usage information may be associated with your username and account, but we do not disclose the associated information to third parties. We use this information to help us understand how people use the Site and Services, and to enhance the services we offer.

Cookies and Web Beacons. We use cookies (a small text file placed on your computer to identify your computer and browser). We may also use Web beacons (an electronic file placed on a Web site that monitors usage). We use cookies and Web beacons to improve the experience of the Site and Services, such as pre-populating your username for easier login. We do not use cookies or Web beacons to collect Personal Information. Most Web browsers are initially set up to accept cookies. You can reset your Web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Services may not work if you delete or disable cookies. Some of our Service Providers may use their own cookies and Web beacons in connection with the services they perform on our behalf.

Do Not Track. The Site does not respond to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time. Visit www.donottrack.us to find out more about “do not track.” We may work with third party advertising companies that may use information about your use of the Site and Services in order to provide information to us about how they are used and to provide advertisements about goods and services that may be of interest to you, including our own services, on third-party websites. From the Site, these companies may place or recognize a unique cookie on your computer or use other technologies such as web beacons or pixel tags. Our Privacy Policy does not cover any use of information that a third party ad serving company may collect from you. For more information about ad cookies and companies that provide users the ability to “opt-out” of the collection of information from such cookies, please click here: Opt Out.

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.

Other than as set forth in this Privacy Policy, except for aggregate demographic information that we may share with third parties in a manner that does not link such information to any individual, we will not share your Personal Information with third parties, unless you have given us permission to do so. We may sometimes use other businesses (“Service Providers”) to perform certain services for us, e.g., payment processing, debt collection and legal process, hosting and maintenance, data storage and management services, production and fulfillment, and marketing and promotions. We provide our Service Providers with the information reasonably necessary for them to perform the services on our behalf. Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification or disclosure.

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.

Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that EZ Storage may access, preserve and disclose any information we have collected about you or that you have submitted: (a) in response to subpoenas, court orders or legal process, or to establish, protect or exercise our legal rights or defend against legal claims; (b) to protect the rights and property of EZ Storage, its affiliates or the public; (c) if we believe it is necessary in order to investigate, prevent or take action regarding illegal activities, fraud, or violations of the personal or intellectual property rights of others or situations involving potential threats to the safety of any person; (d) to our corporate affiliates, joint ventures or other companies under common control with EZ Storage (in which case we will require such entities to honor this Privacy Policy); and (e) if EZ Storage is acquired by or merged with another entity or in connection with a sale of our assets.

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 Site and Services may contain links to websites operated and maintained by third parties over which we have no control. Privacy policies on such linked websites may be different from our Privacy Policy. You access such linked websites at your own risk. We encourage you to review the privacy policy of any such linked website you visit to understand that website’s collection, storage and use of your information.

10. Security.

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.

13. Changes.

EZ Storage may, in its sole and absolute discretion, change this Privacy Policy from time to time. All changes to the Privacy Policy will be effective when posted on the Site, and we will provide notification of such changes to you via the Site or contact information you may have provided to EZ Storage upon registration. Your continued use of the Site and Services following the posting of any changes to the Privacy Policy shall constitute your agreement to such changes. If you object to any such changes, your sole recourse shall be to cease using the EZ Storage Site and Services.

Effective date: January 18, 2017.