EZ Storage Terms and Conditions
These Terms and Conditions of Use (“Terms and Conditions”) govern your use of the EZ Storage www.ezstoragenow.com (“Website”). Your access to, and use of the Website and the services, products and programs found at, or related to, the Website (referred to collectively as the “Services”) are subject to these Terms and Conditions. The terms “Company”, “we”, “us”, or “our” shall refer to EZ Storage and its subsidiaries, affiliates, sister and parent companies.
By using the Website and Services, you signify that you have read, understand and agree to be bound by these Terms and Conditions and you are consenting to have your personal data transferred to, processed and maintained in the United States.
We may change or modify these Terms and Conditions at any time and such changes or modifications will come into effect immediately upon posting to the Website. We will indicate at the top of this page the date these Terms and Conditions were last revised. Your continued use of the Service or the Website after any change or modification constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future versions of the Terms and Conditions, do not use, access or continue to use or access the Service or the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
Eligibility and Access to the Website
The Website is available only to users who can form legally binding contracts under applicable law. Any registration by, use of, or access to the Website by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using the Services or the Website, you represent and warrant that you are 18 years of age or older, that you are fully able to enter into and abide by all of these Terms and Conditions, and to create binding legal obligations for any liability you may incur as a result of your use of the Website.
If you use the Website to access the MY EZ Unit login you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account or password and you understand that you are financially responsible for all uses by you and those using your login information.
Content Linked to by the Website
The Website does and may provide information on, accepts advertising from, and provides links to third-party vendors, websites or resources including, without limitation, social media sites such as Facebook, Yelp and Google. You understand that EZ Storage has no control over such sites, links and resources, and you acknowledge and agree that EZ Storage is not responsible for the availability of such external sites or resources and further does not endorse and is not responsible or liable for any content, privacy policies, practices, advertising, products or other materials on or available from such sites, links or resources.
You further acknowledge that we are not responsible for a search, using the Services, which may produce search results and links to websites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any website included in any search results or otherwise linked to by EZ Storage. By using the Website and Services, you expressly release us from any and all liability arising from search results or your use of any third party websites or third party content. Our terms and conditions do not govern any third party websites, and we encourage you to review the applicable terms and policies of any third party website.
Because EZ Storage has no control over such linked sites and resources, you acknowledge and agree that they are not responsible for the availability of such external sites or resources. You acknowledge that EZ Storage does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Offers contained on any linked content from third parties, vendors or websites are subject to change at any time, and may have many additional restrictions and limitations. Users of the Website and the Services agree to confirm all aspects of third-party offers with the offering party and to hold EZ Storage and its employees and affiliates harmless for any circumstances that may arise from interactions with a third party. You further acknowledge and agree that EZ Storage shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in conjunction with the use of, or reliance on, any such content, goods, or sites available on or through any such site or resource.
The Website and Services are made available for your personal, non-commercial use only. EZ Storage grants you a limited, non-transferable, non-exclusive license to access and use the Website and Services for noncommercial purposes only. You may not use the Website to sell a product or service, or to increase traffic to your website for any commercial reasons. You may only use the Website to make legitimate inquiries, make payments for services and/or learn about our products and services. This license does not include any resale or commercial use of the Website or Services or their contents; any derivative use of the Website or Services; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EZ Storage and our Services or affiliates without our prior express written consent. You may not take the results from a search and reformat and display them, or mirror the EZ Storage home page or results pages on your website. You may not “meta-search” the Website.
We make no guarantees regarding the availability of the Website or Services referenced in the Website. Furthermore, we reserve the right to, within our sole discretion, discontinue the Website or Services and/or modify the contents of the Website, Services as well as these Terms and Conditions without prior notice including, but not limited to pricing, designated Services and facilities, and other information and/or functionality. You agree that we will not be liable to you for any such discontinuance or modification of the Website or the Services. Any rights not expressly granted by these Terms and Conditions are reserved to EZ Storage.
You agree not to use the Service or the Website:
- in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
- to use automated scripts to collect information from, or otherwise interact with, the Website or the Services;
- to upload, post, transmit, share, store or otherwise make available any content on the Website without our consent; or
- to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
You acknowledge, consent and agree that we may access, preserve and disclose your account information and user content if required to do so by law or pursuant to a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to your requests for customer service; or (d) protect our rights, property or personal safety and those of our users and the public. You understand that the technical processing and transmission of the Website and Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge that we may establish general practices and limits concerning use of the Website and Services. You agree that we have no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Website and Services. You further acknowledge that we reserve the right to modify these general practices and limits from time to time. We reserve the right to, at any time and for any reason, modify or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you, or to any third party, for any modification, suspension or discontinuance of the Website or Services.
No Representations or Warranties
The Website and the materials located on or through the Website are provided for informational purposes only. You agree and acknowledge that we make no representation or warranty as to the accuracy of any information on the Website or linked to the Website.
We make no guarantee of any specific result from use of this Website or the Services. We disclaim any and all liability for the acts, omissions and conduct of any storage vendors, third party users, Website users, advertisers and/or sponsors on the Website. We are not responsible for the products, services, actions or failure to act of any storage vendor or other third party in connection with the Service or the Website.
EZ Storage, owners of participating storage facilities and any third party providers make no warranty of any kind regarding the website and/or any materials provided on the website, all of which are provided on an “as is” “as available” basis. EZ Storage, owners of participating storage facilities and any third party providers do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on the website and such parties expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither EZ Storage nor any third party providers warrant that the websites, their servers or any e-mail sent from EZ Storage are free of viruses or other harmful components.
We are not responsible for any content or services provided by third parties (including advertisers) or other users except as expressly set forth herein. We do not make any representation or warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use, non-infringement or any implied warranties arising from course of dealing or course of performance. Without limiting the generality of the foregoing, we specifically disclaim any representation or warranty regarding the error-free, disruption-free or interruption-free nature of the website or the services.
Limitation of Liability
In no event shall EZ Storage, owners of participating storage facilities, our affiliates, subsidiaries and parent companies, and any of their officers, directors, employees and agents, and any third party providers be liable for any injury, loss, claim, loss of data, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of, or is in any way connected with; (i) any use of the website or content found therein, (ii) any failure or delay (including, but not limited to the use of, or inability to use, any component of the website), or (iii) the performance or non-performance by EZ Storage, owners of participating storage facilities and any third party providers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party. If you are dissatisfied with the website, your sole and exclusive remedy shall be to discontinue use of the website and terminate this agreement in accordance with the terms hereof.
If, notwithstanding the foregoing, EZ Storage., any owner of a participating storage facility, our affiliates, subsidiaries and parent companies, and any of their officers, directors, employees and agents, or any third party provider should be found liable for any loss or damage which arises out of, or is in any way connected with, any of the above described functions or uses of the Website or their content, the liability of such party(ies) shall in no event exceed, in the aggregate, US $100.00.
You agree to defend and indemnify EZ Storage, our affiliates, subsidiaries and parent companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of these Terms and Conditions; (b) your violation of any law or the rights of a third party; or (c) your use of this Website or the Services.
Intellectual Property Ownership and Submissions
Any and all intellectual property rights associated with the Website including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of EZ Storage or third parties. Except as otherwise expressly authorized by this Agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without EZ Storage or the appropriate third party’s prior written permission. Except as provided herein, EZ Storage does not grant to you any express or implied rights to EZ Storage or any third party’s Intellectual Property. Any rights associated with the content of the Website and/or Services, which is transmitted, downloaded, or otherwise processed by EZ Storage., shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws.
You acknowledge and agree that any questions, comments, reviews, suggestions, ideas, feedback or other information about the Website or the Services provided by you to us are non-confidential and shall become our sole property. We shall own all exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the foregoing for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Coupons or Special Offers
The Website and the materials located on or through the Website are provided for informational purposes. We may from time to time provide coupons or promotional offers to be used on, or applied to, Services offered by EZ Storage. These coupons and/or promotional offers contain limitations including use parameters, restrictions on applicability and expiration. At all times you acknowledge that the terms of the offers are subject to change. You agree and acknowledge that we make no representation or warranty as to the accuracy or applicability of any promotional offers or coupons available on the Website or linked to the Website.
These Terms and Conditions shall be governed by the laws of the State of Massachusetts, United States of America, without regard to principles of conflict of law. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Massachusetts over all claims, questions and controversies arising out of your use of the Website, the Services and the terms of this agreement. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Massachusetts.
If EZ Storage or its affiliates take any action to enforce this Agreement and these Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
How to Contact Us
If you have any questions or concerns about the Terms and Conditions for this site or its implementation, please contact us using our feedback form or by sending a letter to the following address:
Customer Service Department
P.O. Box 191
Wayzata, MN 55391