These Terms and Conditions govern the terms under which you ("User" or "you") are permitted to access or use Tenant Inc.’s ("Tenant" or "we" or "us") website at www.storagefront.com (the "Site"), and other related domains, software, content, and services (collectively, the “Services”). Persons and entities that execute or agree to the terms of the Tenant, Inc.’s Software Agreement (and all documents incorporated by reference therein, collectively, the "Agreement") are referred to as "Affiliates," and Affiliates (and their users) shall additionally be bound by these Terms and Conditions to the extent they do not conflict with the Agreement.
By accessing and using the Services, you accept and agree to be legally bound by these Terms and Conditions. If you do not agree with all of the terms of this document, discontinue access to and use of the Services. THESE TERMS AND CONDITIONS REQUIRE FINAL AND BINDING ARBITRATION WITH CLAIMS RESOLVED ON AN INDIVIDUAL BASIS RATHER THAN IN A CLASS ACTION, CONSENT TO OUR SMS POLICY, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY.
Access to Services
Rights/Responsibilities in Site
No Warranty
Online Reservations and Rentals
Limitation of Liability
Indemnification
General Provisions
Copyright Complaints – Digital Millennium Copyright Act (“DMCA”) Notice
Suspension and Termination
Binding Arbitration and Class Action Waiver
1.1 You are permitted to access and view the public portions of the Site to the extent permitted by these Terms and Conditions. Tenant may (but is not required to) provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Site (collectively, "Access Codes"). The content contained in restricted portions of the Site is confidential to Tenant, and is provided to you for legitimate personal or business use only as permitted by the terms of such restricted portions of the Site. You agree to securely maintain, and not share with or provide to third parties, the Access Codes. Tenant assumes no liability for any access to information or transactions that are executed with the Access Codes provided to you. We strongly recommend that you change the Access Codes on a periodic basis and whenever a representative terminates employment or contract or you suspect that knowledge of the Access Codes is no longer limited to those authorized by you.
2.1 Tenant reserves all rights in and to the Site's content and operation (other than the advertising submitted by Affiliates, which is referred to as "Advertising"), whether under patent, copyright, publicity or moral rights, trade secret, trademark, unfair competition or other similar laws or protections in this or any other jurisdiction, whether foreign or domestic, regardless of whether or not such rights or protections are registered or perfected (collectively, "Intellectual Property Rights"). No license to or right in any trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights or Intellectual Property Rights of Tenant and/or other parties is granted to or conferred upon you.
2.2 You shall be solely responsible for all content you submit to the Site, whether as comments, chats, postings, tweets, or e-mail messages sent to the Site's contact e-mail address. You covenants and agrees not to submit to the Site any material that is: (i) libelous, pornographic, obscene, or defamatory under any federal or state law; (ii) an infringement on any third party's intellectual property rights (including copyright, patent, trademark, trade secret or other proprietary rights); or (iii) an infringement on any third party's rights of publicity or privacy. You represent and warrant that you own, or have licensed from third parties, all rights necessary to submit the content you provide to the Site. You further covenant and agree to comply with all applicable laws, statutes, ordinances, and regulations in accessing or using the Site.
2.3 You may not copy or modify the Site or any portion thereof (including any Tenant or third party content on the Site). You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Site. You may not tamper with the Site or otherwise undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and/or secure operation of the Site and/or any mechanisms operatively linked to the Site. You may not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, nor take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. In addition, you agree not to use any robot, spider, other automatic device, or manual process to monitor or copy data or content on the Site without the prior express consent from an authorized Tenant representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site). You may not rent, lease, loan, sell, merge or redistribute the content of the Site.
2.4 With respect to all communications that you makes to Tenant, including but not limited to feedback, reviews, questions, comments, suggestions and the like. You agree: (a) you shall have no right of confidentiality in your communications and Tenant shall have no obligation to protect communications from disclosure; (b) Tenant shall be free to reproduce, use, disclose and distribute your communications without limitation; and (c) Tenant 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.
2.5 The Site may contain hyperlinks to other web sites, including sites of Affiliates or Affiliate content displayed on the Site (collectively, "Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Site. Tenant may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Tenant does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Tenant of any Other Site(s) or resources, or their content. We disclaim any liability in connection with your dealings with third parties found on or through our website or mobile application.
2.6 If you create a link from another web site to the Site, such link: (a) must not frame or create a browser or border environment around any of the content of the Site; (b) may link to, but not replicate, the content; (c) must not imply that Tenant or the Site is endorsing or sponsoring the other website or its products, unless Tenant has given its prior written consent; (d) must not present false information about Tenant or its products or services; (e) must not use any Tenant trademarks without the prior written permission from Tenant; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms and Conditions, we reserve the right to deny permission to link to the Site for any reason in our sole and absolute discretion.
2.7 You agree that telephone calls to or from Tenant/StorageFront or Affiliates, may be monitored and recorded. When you provide a phone number or email address, you agree that Tenant may share your contact information with Affiliates and Tenant or Affiliates 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 Policy for more details.
3.1 THE SITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TENANT MAKES NO WARRANTY THAT (i) THE USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED, (iii) THAT THE SITE WILL BE FREE FROM OR NOT SUSCEPTIBLE TO VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS CODE OR EXPLOITS AND/OR (iv) THAT YOU MAY USE THE SITE WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
3.2 Information on the Site may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Tenant shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Tenant reserves the right to make changes, corrections, cancellations and/or improvements to information on the Site, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction. Tenant Affiliates whose sites are accessed via the Site are solely responsible for the accuracy of content on their websites, including but not limited to inaccuracies relating to pricing or availability.
4.1 A reservation is not a rental agreement. A reservation holds your selected unit type for you, for a specific period of time. However, Affiliates reserve the right to cancel your reservation, or make a unit substitution, at any time before you sign a lease agreement and rent a unit.
4.2 All promotions, specials, and offers 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.
4.3 As a condition of your use of reservation or online rental features, you warrant that transactions are legitimate; you have legal authority to make the transaction; all information you supply is accurate, true, and complete; you are 18 years of age.
4.4 If you make an online reservation or rental through the Services, you consent to autodial phone calls or texts at the telephone number you provided, in order to complete the transaction you requested. You may be contacted by Tenant, or by an Affiliate.
4.5 Tenant is not a party to any online reservations, rentals, or leases made through the Services. Transactions are solely between you and the Affiliate. Tenant does not guarantee the quality, safety or legality of spaces advertised, the truth or accuracy of listings, or that a lessor will actually complete a transaction.
4.6 Tenant is a Service Provider to Affiliates. Tenant’s role is limited to advertising self storage facilities and their units and facilitating transactions between you and the Affiliate.
IN NO EVENT SHALL TENANT BE LIABLE TO YOU, ANY USERS OF THE SITE OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, OR CORRUPTION OR LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT TENANT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USE OF THE SERVICES IS AT YOUR SOLE RISK. YOUR SOLE REMEDY IS TO STOP USING THE SERVICES. IF THIS LIMIATION IS FOUND INVALID OR UNENFORCEABLE, TENANT’S TOTAL LIABILITY TO YOU, ANY USERS OF THE SITE OR ANY THIRD PARTY, IN ANY EVENT, WILL BE LIMITED TO THE LESSER OF $300 OR, FOR TENANT AFFILIATES, THE TOTAL FEES YOU PAY US IN THE YEAR IN WHICH THE LOSS FIRST ARISES.
You agree to indemnify and hold harmless Tenant, its employees, officers, directors and members, all other Users, and other suppliers and any related third parties, against and in respect of any and all third party claims, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses (including reasonable legal fees and expenses of attorneys chosen by Tenant) as and when incurred, arising out of or based upon any act or omission or alleged act or alleged omission by you in connection with your breach of these Terms and Conditions. You shall promptly notify Tenant of all claims and proceedings related thereto of which you become aware.
7.1 The failure of Tenant 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 Tenant 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. Tenant will disclose any information regarding the access to or use of this Site, including personal information pertaining to User, without User's permission when required by law, or in the good faith belief that such action is necessary to investigate or protect against harmful activities to Tenant Affiliates, Users, associates, or property (including the Site), or to others.
7.2 You agree to be bound by the terms of the Site’s Privacy Policy, as it now exists and as it may be changed from time to time, which is hereby incorporated by reference and made a part of these Terms and Conditions. Terms and Conditions may be changed at any time, without notice, effective immediately. Revised Terms and Conditions will be posted here. By using our Services you consent to any updated terms regardless of whether you are aware they changed.
These Terms and Conditions and the Privacy Policy constitute the complete and exclusive agreement between Tenant and User with respect to the Services and supersede all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between the parties relating to that subject matter, provided, however, that if User is an Affiliate, then the terms of the Agreement shall also control with respect to User's activities as an Affiliate.
7.3 Any clause in the Terms and Conditions that is found to be invalid or unenforceable shall be deemed deleted and the remainder of the Terms and Conditions shall not be affected by that deletion.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Tenant the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (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.
Tenant, for notice of claims of copyright infringement on or regarding the Site can be reached as follows:
Tenant, Inc.4920 Campus Dr, Suite B, Newport Beach, CA 92660
Tele: (949) 894-4500 Ext 4
email: Info@storagefront.com
We will respond to takedown notices and remove any content that infringes on a copyright as required by law.
If you violate these Terms and Conditions, we may immediately suspend or terminate your access and use of the Services without notice and without liability. We reserve the right at any time to modify or discontinue the Services without notice or liability. Any terms intended to survive termination of your use of the Services shall survive.
ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT 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.
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 Tenant agree that arbitration must proceed as a documents-only hearing, unless otherwise agreed upon in writing by both parties. You and Tenant 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 Tenant agree that our business and the relationship here involve interstate commerce.
The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Orange Country, California or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
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.
Notwithstanding anything to the contrary, Tenant may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures.
