TERMS OF USE TERMS OF USE Welcome and thank you for visiting www.usstoragecenters.com (the "Site"), operated by US Storage Centers and its affiliates. Below are the terms and conditions relating to your use of the Site, including any documents, policies and guidelines incorporated by reference (collectively the “Terms of Use”). These Terms of Use constitute a binding agreement between you and US Storage Centers with respect to your use of the Site and the services available on the Site. If you do not agree with the Terms of Use, you should exit the Site immediately. References to “US Storage Centers,” “we,” “our,” or “us” in these Terms of Use and throughout the Site includes Westport Properties, Inc. and its affiliates, and each property owner of the facilities that is providing you with services on this Site. IMPORTANT - THESE TERMS AND USE AFFECT YOUR RIGHTS AND INCLUDE A BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW. PLEASE READ ALL TERMS OF USE. Use License: By accessing or using our Site in any way you are acknowledging that you have read and understand these Terms of Use and are agreeing to comply with these Terms of Use. We jointly grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. US Storage Centers reserves the right to refuse service to anyone, at any time, for any lawful reason. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to US Storage Centers that you will not use this Site for any purpose that is unlawful, immoral or otherwise prohibited by these terms, conditions and notices. The following is a brief list of the type of content that is prohibited by these Terms of Use, which is not meant to be all-encompassing: Posting material that violates a third party’s copyright; Posting inappropriate photos; Attempts to gain unauthorized access to US Storage Centers’ network or user accounts, or limit the functionality of the computer software, hardware or telecommunications equipment; Providing misleading or false information; Threatening physical harm; Soliciting other users with “spam” or “junk mail;” Promoting racist, sexist or bigoted statements against any group or individual; Soliciting personally identifiable information from other users for a commercial or unlawful purpose; Harassing or stalking other users; Promoting any activities that would result in a criminal offense or civil liability; or Is otherwise objectionable to US Storage Centers in its sole and absolute discretion. Other Agreements and Terms Control: Certain services available through our Site may have their own terms and conditions that apply to your purchase or use of that particular service. The Terms of Use do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with US Storage Centers, including the Rental Agreement for your storage unit or vehicle services. To the extent that there is any conflict between these Terms of Use and the terms and conditions set forth in other agreements or documenting relating to services you purchase (e.g., the Rental Agreement), those other terms and conditions or agreements will govern and control. Eligibility: The Site is intended solely for persons who are 13 or older. Any access to or use of the Site by anyone under 13 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 13 or older. Privacy Policy: US Storage Centers respects the privacy of its users. Please read our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with our Site. Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Site you consent to the collection and use of this information as set forth in our Privacy Policy. Promotions and Offers: The Site will have promotions and special offers (collectively “Promotions”) from time to time, which are subject to change and subject to availability. Other restrictions, taxes, and fees, including administrative fees, may apply. See each contract for full details. The promotional rules will apply in the event of a conflict between these Terms of Use and any such rules. Promotions are good for new customers only unless otherwise specified. Promotions may not be available on all unit sizes and is applicable to one month's rent on new rentals by new customers only. Features may vary by location. They are not available on transfers or additional spaces. Pricing is subject to change. A reservation is required to guarantee the price. A reservation only guarantees the price and not the availability of any unit. Promotions not valid with any other discount offers. Promotion has no cash value. Features may vary by location. Void where prohibited. Offer subject to termination without notice. See manager for more details. Reservations and Pricing: By making a reservation through the Site, you acknowledge that your information will be forwarded to a sales agent of the storage facility and that you may be contacted by phone, mobile phone and/or email. We reserve the right to cancel your reservation prior to a signed lease, however, in most circumstances a reservation will hold the unit or similar unit in size for up to 14 days. Unit size is an approximate estimation. A one-time $24.00 administration fee is required to set up account and security access. Pricing and rate information does not include any applicable taxes or fees, if required. At participating locations, move-in trucks may be available for reservation and use of the truck is subject to a completed rental agreement. Truck reservation times are on a first come first served basis and availability is subject to change. The facility manager will need to confirm truck availability and time with the customer prior to customer use. Other terms and conditions apply. Please see facility manager for more detail. Online prices and selection generally match our retail stores, but may vary. Prices and offers are subject to change and other restrictions may apply including taxes. Unit Information: All unit sizes are approximate. Prior to a signed lease, we reserve the right to make unit substitutions or to cancel any reservation or hold. Facility and storage unit features vary by location. Customers should contact individual locations to confirm features of a particular facility. Rentals: All rental transactions are final. If you rent a storage unit/space, you are not entitled to a refund for any unused portion of the current rental period. We do not prorate rent on a move-out. All unused prepaid rent will be refunded. Return Policy – Merchandise: We will accept the return of any unopened or unused merchandise item within the first 60 days of a purchase. A receipt is required to return the merchandise. Vehicle Storage: All vehicles stored on the property require proof of insurance, vehicle registration, and must be operable. Please review the vehicle storage lease for more details. Disclaimer of Warranties: THE SITE AND ALL INFORMATION, MATERIALS, PRODUCTS, SERVICES AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED BY LAW, US STORAGE CENTERS 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 US STORAGE CENTERS NOR ANY PERSON ASSOCIATED WITH US STORAGE CENTERS 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 US STORAGE CENTERS NOR ANYONE ASSOCIATED WITH US STORAGE CENTERS 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. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, US STORAGE CENTERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE SITE OR SERVICES PURCHASED (OR RESERVED) THROUGH THE SITE, OR YOUR INABILITY TO USE THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, US STORAGE CENTERS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF US STORAGE CENTERS’ NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US STORAGE CENTERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US STORAGE CENTERS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US STORAGE CENTERS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). Indemnification & Defense: As a condition of the use of the Site, you agree to defend, indemnify and hold harmless US Storage Centers and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, your use of our services, the applicable law or arising from any user content submitted by you. Errors in Advertisements: On occasion, a product or service may not be available at the time or the price as it appears in an advertisement or other material in the Site. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, error in pricing or product information received from our advertisers or suppliers, or for any other reason, you agree the Site is not responsible for such errors or discrepancies. Customer Communications and Contact – Consent: You verify, represent and warrant that any contact information provided to US Storage Centers, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect by contacting the facility where your storage unit is located. You acknowledge that by voluntarily providing your telephone number(s) to US Storage Centers, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with US Storage Centers. You also agree that US Storage Centers may obtain, and you expressly agree to be contacted at, email addresses, mailing addresses, and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to your account, and account collections. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services. Calls or text messages to you may be made by or on behalf of US Storage Centers even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that US Storage Centers is not responsible for these charges. Call Recording: You acknowledge that telephone calls to or from US Storage may be monitored and recorded and you agree to such monitoring and recording. Links to Third-Party Websites: The Site contain links to other sites operated by third parties ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. US Storage Centers does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites. Proprietary Rights: US Storage Centers is a registered trademark in the United States. All other content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. copyright laws, and US Storage Centers owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. US Storage Centers logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by US Storage Centers and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. International Users: The Site is controlled, operated and administered by US Storage Centers from its offices within the United States. The Site and US Storage Centers make no representation that services, materials or content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws. If you are located in any member state that is part of the European Economic Area or any member state that has adopted the General Data Protection Regulation, you are not permitted to provide personal data to us. Modifying Terms of Use: US Storage Centers reserves the right to change these Terms of Use at any time in its respective discretion and to notify users of any such changes solely by changing the Effective Date of these Terms of Use. The most current version of these Terms of Use will supersede all previous versions. Your continued use of the Site after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Your use of the Site prior to the time these Terms of Use were posted will be governed according to the Terms of Use that applied at the time of your use. DISPUTES, MANDATORY ARBITRATION AND CLASS ACTION WAIVER: Our Customer Support Department is available at privacyinfo@usstorage.net to address any concerns you may have regarding the Site. Our Customer Support Department is able to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Customer Support Department and good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration. For any dispute that is not subject to binding arbitration or otherwise as set forth in these Terms of Use, you agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of California, County of Orange. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. These Terms of Use and the relationship between you and the Site shall be governed by the laws of the State of California without regard to conflict of law provisions. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms of Use. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Terms, you agree to resolve any and all disputes with US Storage Centers as follows: Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach our Customer Support Department at privacyinfo@usstorage.net. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our Customer Support Department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Site shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $25,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $25,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use or the Privacy Policy, including but not limited to any claim that all or any part of these Terms of Use or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Orange County in the State of California, United States of America, and you and US Storage Centers agree to submit to the personal jurisdiction of any federal or state court in Orange County, California to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND US STORAGE CENTERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis. Exception. Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Both parties also retain the right to pursue any eviction, action to enforce a lien, and/or unlawful detainer remedies or defenses in any court. You agree that US Storage Centers retains the right to conduct a lien sale. 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to privacyinfo@usstorage.net with the subject line, "MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the later of (a) the Effective Date of these Terms; or (b) the first date that you used the Site that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, US Storage Centers also will not be bound by them. Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your account or the Site. Security: Violating the security of our Site is prohibited and may result in criminal and civil liability. US Storage Centers may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations. Miscellaneous: No Partnership. You agree that no joint venture, partnership, employment or agency relationship exists between you and US Storage Centers as a result of this agreement or your use of this Site. Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect. Entire Agreement. These Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and US Storage Centers with respect to the subject matter hereof. 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 Contacting US Storage Centers: If you have any questions, comments, or concerns about these Terms of Use, please email us at privacyinfo@usstorage.net, or write to us at: US Storage Centers, Attention: Terms of Use and Privacy Department, 2201 Dupont Drive, Suite 700, Irvine, California 92612. 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