Shore Lock Storage Solutions Online Bill Pay Service Agreement

 

 The terms and conditions contained in this Service Agreement (this "Agreement") govern your use of the Shore Lock Storage Solutions Online Bill Pay Service ("Bill Pay Service"). By clicking the "I Agree" box during the online payment process, you affirmatively consent to the use of the Bill Pay Service and agree to all of the terms and conditions contained in this Agreement.

 

 By enrolling in the Bill Pay Service, you represent and warrant that:

 

 You are at least 18 years of age;

 

You are using your actual identity and any information you provide is accurate and complete;

 

You are legally authorized to make payments using your Payment Account (defined below);

 

Your use of the Bill Pay Service will not violate any local, state, national or international laws or regulations.

 

By enrolling in the Bill Pay Service, you authorize Shore Lock Storage Solutions and its agents to follow the Payment Instructions you have provided to us. You will provide us with information required to make a Payment. When you initiate a Payment, you authorize the financial institution linked to your Payment Account to remit funds to us in an amount specified by you in your Payment Instructions and you acknowledge your obligation to pay such amount to us pursuant to the self-storage rental agreement between you and us.

 

 

 

1. Definitions

 

 As used in this Agreement, the following terms shall have the following meanings:

 

"Bill Pay Service" means the online bill payment service made available to you by Shore Lock Storage Solutions, through which you can make Payments to Shore Lock Storage Solutions.

 

 "Business Day" means Monday - Friday, excluding Federal Reserve Bank holidays.

 

 "Cutoff Time" means 4:00 p.m. Central Time on any Business Day and is the time by which you must transmit Payment Instructions (as defined herein) on that particular Business Day.

 

 "Payment" means any bill payment to be made to Shore Lock Storage Solutions.

 

 "Payment Account" means the financial institution account linked to your credit card or the financial institution account (such as a credit card, checking or savings account) from which your Payments will be made.

 

 "Payment Instructions" means the method of payment information (such as credit card or debit card number, expiration date, dollar amount of payment, bank account number or American Bankers Association (ABA) routing number) entered in the Bill Pay Service to authorize a Payment.

 

 "Shore Lock Storage Solutions" means Shore Lock Storage Solutions, or an affiliate as applicable, and may also be referred to in these Terms & Conditions as "SLSS", "we", "us", or "our".

 

 

 

2. Bill Payment Service

 

 When initiating or authorizing a Payment through the Bill Pay Service, you authorize SLSS to process such Payment in accordance with your Payment Instructions. Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Bill Pay Service on the next Business Day.

 

While it is anticipated that most Payments will be processed and completed within two Business Days after the Business Day on which you initiate your Payment, you understand that due to circumstances beyond our control, some Payments may take longer to be posted. We recommend that you make Payments on a Business Day which is at least five (5) Business Days before the actual due date of the Payments. You agree that we will not be responsible for any Payment that is received or posted by us after the applicable grace period or that results in a late charge or penalty being assessed by us if you did not follow this recommendation. In such event, you agree that you shall have the sole risk of incurring and the sole responsibility for paying any and all late charges or penalties assessed by us according to your existing self-storage lease agreement.

 

Your SLSS account balance will be credited to reflect the amount of any Payment authorized by you through the Bill Pay Service after SLSS has initiated the processing of such Payment. Such credit is provisional and is subject to SLSS's final receipt of good funds. Your SLSS account balance will generally be updated to reflect this credit within two Business Days of the date on which SLSS initiates the processing of your Payment. SLSS will reverse any such credit to your SLSS account and may assess any applicable fees or charges, including late fees or fees for non-sufficient funds, if your Payment is returned for non-sufficient or otherwise cannot be processed or is later charged back or reversed.

 

You agree that any Payment Account or credit card that you include in any Payment Instructions will be an account, debit card or credit card, as applicable, that you are legally authorized to use to make Payments.

 

 

 

3. Authorized Use

 

 The Bill Pay Service may not be used for any illegal activity or purpose, including unauthorized payments, fraud or identity theft.

 

As a condition of your use of the Bill Pay Service, you agree that you will not use the Bill Pay Service for any purpose that is not authorized by this Agreement. You may not interfere with any party's use of the Bill Pay Service. You may not attempt to gain unauthorized access to the Bill Pay Service through any means.

 

 

 

4. Access Code and Security

 

 You agree that you are solely responsible for protecting the confidentiality of your login ID/user name, access code, and any other security measures made available, recommended or required by SLSS in connection with your use of the Bill Pay Service.

 

 

 

5. Privacy

 

 SLSS is committed to protecting your privacy. Your personal information provided to SLSS in connection with the Bill Pay Service will be used only in relation to SLSS's provision of the Bill Pay Service and for internal purposes and collection purposes. Information provided by you to SLSS in connection with the Bill Pay Service will not be intentionally disclosed to any third party that is not affiliated with SLSS, except as follows: (a) when it is necessary for completing the transactions you have authorized, including to the credit or debit card issuer or financial institution that you have authorized for payment; (b) when it is necessary to activate or terminate services provided by a third party; (c) when it is necessary to verify the existence and/or condition of your account to a third party such as a credit bureau; (d) when it is permitted or required by applicable law, including but not limited to collection efforts and/or compliance with a governmental request or court order; and (e) when it is otherwise authorized by you.

 

 

 

6. Charges.

 

 SLSS will not charge you to use the Bill Pay Service. You are responsible for all fees associated with your Payment Account used to make Payments. You are also responsible for any telephone or internet service fees incurred by you in connection with your use of the Bill Pay Service.

 

 

 

7. Change in Terms and Conditions

 

 This Agreement is the legal binding agreement between SLSS and you with respect to the Bill Pay Service. SLSS reserves the right to revise or modify this Agreement at any time. Each time you use the Bill Pay Service, you are agreeing to the current provisions of this Agreement. Your use of the Bill Pay Service after any changes to this Agreement will constitute your agreement to such change(s).

 

 

 

8. Changes in Contact or Payment Information; E-Mail Communications

 

 You are solely responsible for ensuring that the contact information in your customer profile (including your e-mail address) and your Payment Account or credit card information is current and accurate at all times. SLSS is not responsible for your failure to receive any notices or information, or any other problem, that results from your failure to keep such contact and/or payment information current and accurate. You can update this information with the Bill Pay Service online or by visiting our store.

 

You expressly give your affirmative consent to SLSS's e-mailing you, at any e-mail address that you provide to SLSS, for any purpose including the marketing of SLSS's current and future services or notifications that your SLSS bill statement is now available for viewing. You may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing SLSS. SLSS is not responsible for any e-mail delivery failures.

 

 

 

9. Proprietary Rights.

 

 Other than your account information, all content included or available on SLSS's website, such as advertisements, text, graphics, logos, icons, images, video and audio clips and software is the property of SLSS and/or third parties and is protected by the laws of copyright, trademark, or by other intellectual and/or proprietary rights. The collection, arrangement and selection of all content on SLSS's website is the exclusive property of SLSS and/or its licensors or licensees and is protected by copyright or other intellectual property rights. Similarly, the trademarks, logos and service marks displayed on SLSS's website are the registered and unregistered trademarks of SLSS or of third parties. Under no circumstances may you use, copy, alter, modify or change these marks without our express written consent. Nothing contained on SLSS's website should be construed as granting, by implication or otherwise, any license or right to use any mark without the express written consent of SLSS or of the third party that has rights to such mark(s).

 

 

 

10. Termination

 

 This Agreement, as it may be amended from time to time, shall be in effect at all times while you are using the Bill Pay Service. Either you or SLSS may terminate this agreement and your use of the Bill Pay Service at any time. However, all applicable provisions of this Agreement, such as provisions relating to your obligation to provide truthful information, your use of intellectual property, limitations of liability and other applicable provisions shall survive termination by either party.

 

 

 

11. Disclaimer of Warranties; Limitation on Liability

 

 THE BILL PAY SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND SLSS MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE BILL PAY SERVICE (INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS OF THE BILL PAY SERVICE) OR RELATING TO ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES ACCESSED OR OBTAINED THROUGH THE BILL PAY SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS AND TITLES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE BILL PAY SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH ONLINE BILL PAY) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE BILL PAY SERVICE, AND TO CREDIT YOUR ACCOUNT FOR ANY INCORRECT CHARGES BILLED TO YOU THROUGH OUR ERROR.

 

YOU UNDERSTAND THAT IN NO EVENT WILL SLSS OR ANY OF ITS OFFICERS, DIRECTORS, PARTNERS, MEMBERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, EMPLOYEES, CONSULTANTS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, SLSS'S PROVISION OF THE BILL PAY SERVICE, THE INABILITY TO USE THE BILL PAY SERVICE OR RESULTING FROM ANY OTHER SERVICES OR MERCHANDISE PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE BILL PAY SERVICE, EVEN IF SLSS OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF SLSS AND ANY THIRD-PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

 

 

 

12. Indemnification

 

 YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD SLSS AND ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, MEMBERS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, EMPLOYEES, CONSULTANTS, AGENTS, THIRD PARTY SERVICE PROVIDERS, LICENSORS AND LICENSEES HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS) ARISING FROM (A) A THIRD PARTY CLAIM, ACTION OR ALLEGATION OF INFRINGEMENT, MISUSE OR MISAPPROPRIATION BASED ON INFORMATION, DATA, FILES OR OTHER MATERIAL SUBMITTED BY YOU TO SLSS; (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THIS AGREEMENT BY YOU; (C) ANY THIRD PARTY CLAIM, ACTION OR ALLEGATION BROUGHT AGAINST SLSS ARISING OUT OF OR RELATING TO A DISPUTE WITH YOU RELATING TO YOUR PURCHASE, SALE OR USE OF ANY GOODS OR SERVICES; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; OR (E) YOUR USE OF THE BILL PAY SERVICE OR THE USE OF YOUR ACCOUNT INFORMATION BY ANY THIRD PARTY WHO OBTAINED ACCESS TO THAT INFORMATION THROUGH NO FAULT OF OURS. SLSS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH SLSS IN ASSERTING ANY AVAILABLE DEFENSES. YOU WILL NOT SETTLE ANY ACTION OR CLAIMS ON SLSS'S BEHALF WITHOUT THE PRIOR WRITTEN CONSENT OF SLSS.

 

 

 

13. Forum.

 

 Any past, present, or future controversy or claim arising out of or related to this Agreement shall be resolved in the state or federal courts sitting in Houston, Harris County, Texas. If any portion of this section is held to be unenforceable, the remainder shall continue to be enforceable.

 

 

 

14. Miscellaneous.

 

 Governing Law. This Agreement will be construed and interpreted in accordance with the federal laws and the applicable laws of the State of Texas, without reference to its conflict of laws rules.

 

Severability. If any portion of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.

 

Headings. Headings are for reference only and in no way define, limita, construe or describe the scope or extent of such section.

 

Waiver. SLSS's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

Assignment. SLSS may assign the Bill Pay Service, including this Agreement, in whole or in part, and may delegate to third parties some or all of its rights and responsibilities in connection with the Bill Pay Service; however, you may not assign or transfer your right to use the Bill Pay Service or this Agreement.

 

Conflict. Should there be any conflict between this Agreement and any other document incorporated herein by reference, this Agreement shall control.

 

Further Assurances. You agree to execute all such other instruments and take all such actions as the we or your financial institution may reasonably request in order that you may make Payments to us via the Bill Pay Service.

 

 

 

BY CLICKING THE "SUBMIT PAYMENT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS, AND ANY FUTURE AMENDMENTS WHICH MAY BE MADE FROM TIME TO TIME.