Storage Warehouse Terms of Use

 Last updated: January 10, 2021

Storage Warehouse provides online services to you subject to the following terms and conditions. Use of our website www.mystoragewarehouse.com, mobile application, and related software and content (collectively, the “Services”) constitutes consent to these Terms of Use and our Privacy Policy. To the extent of any conflict between these Terms of Use and any rental agreement (including related agreements and terms) the rental agreement shall govern.

THESE TERMS OF USE REQUIRE YOU ARBITRATE ANY DISPUTES, WAIVE CLASS ACTION CLAIMS, CONSENT TO OUR SMS POLICY, AND AGREE TO OUR DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

 

Your Representations

By using the Services, you warrant that any transactions you make are legal and legitimate; you have legal authority to make the transaction; all information you supply is accurate, true, and complete; you are 18 years of age. If you create an online account, you are solely responsible for all activities that occur under your account. You agree to use our Services only for their intended functions, you understand that any other use is strictly prohibited.

 

Our Representations 

We strive for accuracy in our pricing, availability, facility, and unit details, however we cannot guarantee that information on our website or mobile application will be complete or error-free. Transactions are subject to availability and we retain the right to refuse or cancel any reservations or rentals. Pricing may be changed at any time, effective immediately upon posting.

 

Facilities 

Features and amenities vary by facility. Please contact facilities directly to confirm features and amenities.

 

Unit Information

Unit sizes are approximate and for comparison purposes only; actual unit sizes may vary from the size listed. Please examine your unit before signing the lease agreement.

 

Reservations

A reservation is not a rental agreement. A reservation holds your selected unit type for you, for a maximum of fourteen (14) days. However, management reserves the right to cancel your reservation, or make a unit substitution, at any time before you sign a lease agreement and rent a unit. We encourage you to rent a unit online, as demand for storage units is particularly high.

 

Promotions and Offers

All promotions, specials, and offers are for new customers only and are based upon unit availability and unit sizes. Please contact facilities directly to confirm the availability of a particular promotion, special, or offer. Promotions, specials, and offers cannot be combined.

All promotions, specials, and offers are subject to the standard fees for rentals, such as an administration fee and the protection plan fee if applicable. Therefore, additional fees will apply if a new customer utilizes a promotion, including the month free or month for $1 promotions.

All pricing (standard rates as well as promotions, specials, and offers) is subject to change or termination without notice. Online pricing may be lower than pricing you receive by calling or going to the storage facility.

 

Communication

You agree that telephone calls to or from Storage Warehouse may be monitored and recorded.

When you provide a phone number or email address, you agree that Storage Warehouse may contact you at that phone number or email address. You may be contacted by email and phone numbers provided directly by you or obtained through other lawful means. You consent to receive automated calls, texts, and emails. Calls or text messages may be sent to you even if your telephone number is registered on a 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 we are not responsible for these charges. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive. For help, text HELP. Review our SMS Terms here. Your contact information will not be shared with third parties. See our Privacy Policy for more details.

You may also make communications to Storage Warehouse, such as feedback, reviews, questions, comments, suggestions and the like. You agree: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

 

Auto Pay

Online enrollment in auto pay constitutes electronic signature, which has the same effect as a handwritten signature on a paper contract. Enrollment in auto pay authorizes Storage Warehouse to automatically charge your credit card or debit card, or debit your bank account, monthly, for the amount due on your bill. The amount debited will automatically increase or decrease as the rental rates increase or decrease in accordance with your Rental Agreement.

You may be able to cancel your auto pay in your online account, otherwise contact your facility, or our corporate office at the telephone number below. 

If there is a change to your bank or card information, including the expiration date, you must sign in to your online account or contact your facility to update your auto pay information.

Storage Warehouse is not liable for erroneous bill statements or incorrect debits or charges. However, if notified of a billing error, we will correct it.

If an auto pay payment is rejected, refused, returned, disputed, or reversed by your financial institution or card issuer for any reason, Storage Warehouse may charge you a returned payment fee and/or late payment fee, and cancel your auto pay enrollment. We may attempt to give you a courtesy call to make other payment arrangements. However, if payment is not made, you will be subject to the lien enforcement procedures stated in your Rental Agreement.

 

Protection Plan

Your stored items are not covered by Storage Warehouse’s insurance. Storage Warehouse offers a Protection Plan so your stored items can be covered under certain circumstances. Protection Plans are NOT insurance. Please review our Protection Plan details. 

 

Trademarks & Copyright

Storage Warehouse is a registered trademark.

All content and web design on Storage Warehouse's Services, including our website, mobile app, and other technology platforms, belongs to Storage Warehouse and cannot be copied or reused. Reposting our content is also prohibited. Similarly, content cannot be reposted or reused even if changes are made to the content in order to avoid copyright infringement.

You may not monitor, gather, copy, or distribute any of our content or web design by manual or automated means. You will not insert anything, including code, to affect our website or mobile application. You also agree to respect the intellectual property rights of others using the website or mobile application.

 

Links to Other Sites

Storage Warehouse’s Services may link to third party websites Storage Warehouse does not control. We make no representations or warranties about such third party sites, nor do we endorse such sites or their content. These Terms of Use and our Privacy Policy do not apply to other sites. Your use of third party sites are governed by the terms of use and privacy policy of that site. We disclaim any liability in connection with your dealings with third parties found on or through our website or mobile application.

 

Non-Storage Warehouse Facilities

We allow you to search for non-Storage Warehouse facilities through our Services. You can even reserve or potentially rent a unit from a non-Storage Warehouse facility with our Services. This gives you a seamless web user experience that we think is important.

However, we do not own or manage these non-Storage Warehouse facilities. We cannot control or influence these facilities, nor make any warranties, representations, or guarantees regarding their customer service or storage quality. We do not guarantee they will provide storage services.

While on www.mystoragewarehouse.com you are subject to this Storage Warehouse Terms of Use agreement. However, any reservations or rentals for non-Storage Warehousefacilities are made with the facility directly, not Storage Warehouse. Therefore, when transacting with a non-Storage Warehouse facility, even through Storage Warehouse's Services, you are bound by that facility’s terms and other contracts, including their rental agreement. Please contact the company you are transacting with for more information.  

 

Privacy Policy

Storage Warehouse values our relationships with our customers and believes in transparency. Please review our Privacy Policy. By using our Services you consent to the collection and use of your information as described in our Privacy Policy.

Disclaimer 

Storage Warehouse’s Services are provided “as is” without any representations or warranties. We disclaim any warranties or representations, express or implied, including implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and warranties arising from course of dealing/performance, or usage of trade, to the fullest extent permissible by law. We are not responsible uninterrupted Services or for failures (such as network connectivity, transmissions, technical, hardware and/or software failures. We cannot guarantee the security of our Services or the servers they are hosted on, nor that they will be free or viruses or other harmful components.

 

Limitation of Liability

Storage Warehouse shall not be liable for any direct, special, incidental, indirect, or consequential damages, losses, or expenses, that result from the use of our Services, to the fullest extent allowed by law. Neither Storage Warehouse nor any of its owners, affiliates, or agents shall be liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including loss of data or lost profits) arising from use of these Services. This is a comprehensive limitation of liability that applies to all damages of any kind, whether in contract or tort. Use of the Services are at your sole risk. Your sole remedy is to stop using the Services. If this limitation of liability is found to be invalid or unenforceable, then the aggregate liability of Storage Warehouse shall not exceed one hundred dollars ($100).

 

Indemnification

To the fullest extent allowed by law, you agree to defend, indemnify, and hold Storage Warehouse harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Storage Warehouse, as a result of your use of the Services. 

 

Changes

Terms of Use may be changed at any time, without notice, effective immediately. Revised Terms of Use will be posted here. By using our Services you consent to any updated terms regardless of whether you are aware they changed.

 

Termination

Storage Warehouse reserves the right, in its sole discretion, to terminate your account and restrict your use of the Services, for any reason or none, without notice, and without liability (including blocking use from certain IP addresses or devices). We are not liable for any damages from termination. These Terms of Use remain effective after termination.

 

Applicable Law

Storage Warehouse is formed and does business within Texas. The laws of Texas shall apply. If any provision of these Terms of Use are held invalid, the remainder shall continue to be enforceable.

 

Copyright Complaints – Digital Millennium Copyright Act (“DMCA”) Notice

If you own a copyright in a work and believe that it has been infringed by Storage Warehouse, you may send us a written notice at the address or email at the bottom of this page. Your notice must include: (i) a legend or subject line that says: “DMCA Copyright Infringement Notice” (ii) a description of the copyrighted work(s) that you claim has been infringed; (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material; (iv) your full name, address, telephone number and email address; (v)

a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi)

a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and (vii) your electronic or physical signature. We will respond to takedown notices and remove any content that infringes on a copyright as required by law.

 

Binding Arbitration and Class Action Waiver

ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. ARBITRATION SHALL TAKE PLACE IN SOUTHERN CALIFORNIA.

The arbitration will be governed and administered by the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect and as modified by this Arbitration Agreement, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. To the extent JAMS is not available, the arbitration will be governed and administered by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. For all claims and counterclaims together valued at less than $25,000, you and Storage Outlet agree that arbitration must proceed as a documents-only hearing, unless otherwise agreed upon in writing by both parties. You and Storage Outlet agree that the right to arbitration under this Arbitration Agreement is protected by, and any arbitration will be governed by, the Federal Arbitration Act (9 U.S.C. § 1 et seq.). You and Storage Outlet agree that our business and the relationship here involve interstate commerce.

 

WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN ORANGE COUNTY, CALIFORNIA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

 

General Provisions 

The failure of Storage Warehouse to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Any prevention of or delay in performance by us due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, epidemic, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay. Storage Warehouse will disclose any information regarding the access to or use of this website or mobile application, including your personal information pertaining, without your permission when required by law, or in the good faith belief that such action is necessary to investigate or protect against harmful activities to Storage Warehouse, our users, affiliates, associates, or property (including the website and mobile application), or to others.

 

Storage Warehouse Self Storage –

 15426 FM 2493

Tyler, Texas 75703

Phone:(903) 871-5678

Email: info@mystoragewarehouse.com