Please read these Auction Bidder Terms and Conditions (“Terms”) carefully, as they affect your legal rights.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. FOR COMPLETE DISPUTE RESOLUTION AND BINDING ARBITRATION TERMS, SEE PARAGRAPH 16 BELOW. BY USING PUBLIC STORAGE’S SITES, PROPERTIES AND SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS, INCLUDING THE DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION. IF YOU DO NOT AGREE TO THIS DISPUTE RESOLUTION AND BINDING ARBITRATOIN PROVISION, YOU MAY OPT OUT WITHIN THE TIME PERMITTED (PARAGRAPH 16.7), OR YOU SHOULD NOT USE PUBLIC STORAGE’S SITES, SERVICES, AND PROPERTIES.
Introduction
Welcome! We’re glad You have chosen to engage with Public Storage. These Terms, including any documents, policies, and guidelines incorporated by reference, apply to Your use of this website, any associated mobile sites, services, applications, or platforms (“Sites”), access or use to Public Storage properties and facilities (“Properties”), and any contact and communications—including, but not limited to, text messages, phone calls, voicemails, and emails—from or on behalf of Public Storage, and any other services, goods, products, or features (collectively, “Services”), which are made available by Public Storage. As used in these Terms, “Public Storage,” “us,” “our,” or “we” refers to Public Storage Operating Company. “You” and “Your” means the user(s) of the Sites, Properties, and Services.
Your use of Public Storage’s Sites, Properties, and Services constitutes Your agreement and acceptance of the Terms. If at any time, You do not accept the Terms, stop using the Sites, Properties, and Services. By using the Sites, Properties, and Services, You acknowledge and accept Public Storage’s Privacy Policy and consent to the collection and use of Your data in accordance with our Privacy Policy.
The business realities associated with operating the Services are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes, we would not make the Services available to you.
Public Storage and its affiliates provides the Services to you subject to the following notices, terms, and conditions.
1. Auction Bidding
By participating in an auction for the sale of a unit by Public Storage, You agree to be bound by and follow these Rules and Regulations:
A. Unless otherwise stated in the applicable lien laws or by Public Storage, a tenant who has defaulted on a unit has the legal right to cure the default prior to the sale of that unit by a purchaser.
B. Individuals (including persons or businesses) who bid on units offered for sale by Public Storage (“Bidders”) shall not collude or coordinate in any way.
C. All bids shall be made based on visual inspection only.
D. The personal property will be sold by public auction to the highest bidder.
E. Auctions may be subject to additional rules of a third-party hosting the auction online. You agree to be bound by any terms and conditions imposed by that third party.
F. The winning bidder (“Purchaser”) buys the entire storage unit and all contents therein (“Auctioned Unit”), unless otherwise noted in the posting.
G. Within 48 hours of buying the Auctioned Unit, Purchaser is required to remove all contents found in the Auctioned Unit and leave the Auctioned Unit in a “broom swept” condition unless otherwise specified by Public Storage. Removal of contents is permitted only during posted office hours at the Public Storage facility where the Auctioned Unit is located.
H. Failure to leave the Auctioned Unit in a “broom swept” condition in accordance with Section 1.G will result in an additional cleaning fee up to $500.00.
I. Within 72 hours of buying the Auctioned Unit, Purchaser shall return the retail lock and combination overlock (from the hasp) (“Locks”) to Public Storage by placing the Locks in the lock box at the Public Storage property where the Auctioned Unit is located. The lock box is typically located near the property office, loading area, or exit gate. Locks are not part of the sale of the Auctioned Unit.
J. Failure to return Locks in accordance with Section 1.I will result in an additional fee of $xx.xx.
K. Purchaser shall return all photos (e.g., birth certificates, passports, and other identification), and other personal items to the property office located at the Public Storage facility where the Auctioned Unit is located.
L. Purchaser forfeits all rights to contents not removed from the Auctioned Unit within 48 hours and agrees that Public Storage may, at its sole discretion, resell or dispose of contents not removed by Purchaser without further notice to Purchaser or any refund of monies paid.
M. All contents sold within an Auctioned Unit are sold in “as is” condition. Public Storage makes no warranties or guarantees of any kind. Public Storage makes no warranty of title. Public Storage makes no warranties or representations about the conditions or safety of the content sold within an Auctioned Unit.
N. Public Storage is not required to assist the Purchaser in removing the contents of an Auctioned Unit.
O. Purchaser is solely responsible for the payment of any applicable sales tax and must present completed Resale or Exemption Certificates for every Auctioned Unit purchased. Signatures of each Resale or Exemption Certificate must be original and currently dated. Posted or predated Resale or Exemption Certificates will not be accepted.
P. Purchaser must complete a Certificate of Public Sale prior to paying for the Auctioned Unit.
Q. Public Storage reserves the right to cancel the sale of an Auctioned Unit for any reason. Sales are not concluded until all paperwork is completed, the Auctioned Unit is paid for in full, and the tenant accounts are verified for any payments received.
R. Public Storage reserves the right to null and void the sale of any Auctioned Unit for any reason, including but not limited to if Public Storage verifies that the tenant has paid the outstanding balance in full prior to the sale of the Auctioned Unit.
S. All sales of Auctioned Units are public sales and/or may be hosted on third-party websites. Public Storage makes no guarantees or representations regarding the privacy, security, or the confidentiality of your information.
T. Public Storage is not responsible for any damage or injury to persons or property that occurs during, after, or as a result of, participating in the bidding of, sale of, or access to an Auctioned Unit.
U. Purchaser shall not resale contents of an Auctioned Unit on Public Storage property.
V. Any violation of these Rules and Regulations may result in Bidders being barred from participating in future sales or auctions.
W. Purchasers shall not dispose of any trash located in the Auctioned Unit in Public Storage trash cans, dumpsters, or other trash areas.
X. Public Storage reserves the right to overbid, thus stopping the sale of an Auctioned Unit.
Y. Any claim, lawsuit, or action made against Public Storage arising out of or related to the sale of an Auctioned Unit that is not brought within 12 months from the date of sale of the Auctioned Unit are hereby waived.
2. Third-Party Links and Webpages
Our Sites and Services may link to webpages that are not maintained or related to Public Storage (“Third-Party Webpage”). We provide these links as a service to You. We do not sponsor or endorse Third-Party Webpages, and we have not reviewed Third-Party Webpages. Public Storage is not responsible for the content of Third-Party Webpages. You may access Third-Party Webpages at Your own risk. These Terms and our Privacy Policy do not apply to Third-Party Webpages. You are responsible for reviewing the terms and conditions and privacy policies for any Third-Party Webpages You visit. Public Storage disclaims all liability in connection therewith.
Any interactions, correspondence, transactions, and other dealings You have with any third-parties, including but not limited to Third-Party Webpages found on or through Our Site, Properties, or Services, are solely between You and the third-party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties, privacy, data security, and the like). Public Storage disclaims all liability in connection therewith.
3. Privacy Policy
Public Storage respects the privacy of its users. Please read our Privacy Policy, which explains Our practices related to the collection and use of Your information through or in connection with our Sites, Properties, or Services. Public Storage’s 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 Sites, Properties, and Services, You consent to the collection and use of this information as set forth in Our Privacy Policy.
4. Authority to Use Sites, Properties, and Services
By using Our Sites, Properties, and Services, You represent that You are at least thirteen (13) years of age. Persons who are least thirteen (13) years of age but under the age of eighteen (18) may only use our Sites, Properties, and Services with legal parental or guardian consent. Accordingly, You agree that You are at the age of majority in Your state/Jurisdiction of residence (eighteen (18) years of age in most states) years of age or older or possess legal, parental, or guardian consent and are fully able and competent to enter in to these Terms.
Our Sites, Properties, and Services are intended for use by Our customers in the United States. Our Sites, Properties, and Services are not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.
The Content contained on Our Sites and Services, and the Terms, policies, and descriptions that appear on the Sites and Services are subject to change. Your use of the Sites and Services is limited to the intended functions of the Sites and Services. Unauthorized use of the Sites and Services, including but not limited to, unauthorized entry in Public Storage’s systems or misuse of any information posted on the Sites or Services, is strictly prohibited. You may not use the Sites or Services in a manner that:
(a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including, but not limited to, rights of publicity or other proprietary rights);
(b) is unlawful, fraudulent, or deceptive;
(c) uses technology or other means to access content or systems of Public Storage in a manner that is not authorized by Public Storage;
(d) uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Public Storage;
(e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(f) attempts to gain unauthorized access to Public Storage’s computer network or user accounts;
(g) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
(h) violates these Terms or any other Public Storage policies;
(i) attempts to damage, disable, overburden, or impair Public Storage’s servers or networks;
(j) seeks to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Public Storage;
(k) reverse engineers, decompiles, disassembles, reverse assembles, or modifies any Service source or object code or any software or other products, services, or processes accessible through any portion of the Sites or Services;
(l) interferes with a user’s access to the Sites or Services or the proper operation of the Sites or Services, or otherwise causes harm to the Sites or Services, Public Storage, or other users of the Sites or Services;
(m) interferes with or circumvents any security feature of the Site or Services or any feature that restricts or enforces limitations on use of or access to the Sites or Services, the Content, or the User-Generated Content (defined below);
(n) harvests or otherwise collects or stores any information (including personally identifiable information about other users of the Sites or Services, including email addresses, without the express consent of Public Storage and such users);
(o) conducts penetration testing, or otherwise attempts to access or identify vulnerabilities in the Sites or Services;
(p) restricts or inhibits other users from accessing or using the Sites or Services;
(q) fails to comply with these Terms or applicable third-party terms; or
(r) is otherwise objectionable as determined in Public Storage’s sole discretion.
5. Updates to the Terms
These Terms shall govern Your use. As our Sites and Services evolve, these Terms may be modified, and Public Storage may cease offering the Sites and Services under the Terms for which they were previously offered. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITES OR SERVICES, YOU ARE ENTERING INTO A NEW AGREEMENT WITH PUBLIC STORAGE ON THE THEN APPLICABLE TERMS, AND YOU AGREE THAT PUBLIC STORAGE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITES OR SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT). YOUR USE OF THE SITES AND SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, You should review the posted Terms each time You use the Sites and Services. You should frequently check the home page and the email You associated with Your account for notices. You agree that the means set forth in these Terms are all reasonable manners of providing You with notice. You can reject any new or revised Terms by discontinuing use of the Sites, Properties, and Services.
6. Consent to Telephonic and Electronic Communications
Consent to Receive Messages. By signing-up for communications from or on behalf of Public Storage, You are agreeing to receive ongoing and recurring informational and/or marketing messages from Public Storage and/or third-parties acting on our behalf, at the telephone number(s) You provide, including but not limited to text messages (such as SMS, MMS, RCS or successor protocols or technologies) (collectively, “Messages”) sent using an autodialer and/or any other automated system or method. These Messages may include information about promotions, offers, reminders, surveys, reservations, your account, rental payments, marketing, transactions, gate codes, eRental information, transitions of ownership, and/or relationship with Public Storage and may be sent after regular business hours. You understand that You do not have to agree to receive automated marketing Messages as a condition of purchasing any goods or services. You acknowledge that Messages may be sent to Your telephone number(s) even if Your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive Messages from or on behalf of Public Storage, even if You terminate Your relationship with us, except if You opt-out. You can stop receiving messages at any time by following the Opt-Out Instructions below. For help, text HELP in response to any Message from us or contact Customer Service at HERE or 1-800-688-8057 to update the phone number associated with your account.
Call Recording and Monitoring. You consent to the monitoring and recording of any telephone or electronic communications between You and us (or our agents, affiliates, and/or service providers) for quality assurance, training, compliance, and account administration purposes. By providing this consent, You expressly acknowledge and agree that (a) any such communications may be recorded or monitored without further notice, and (b) this consent satisfies any requirement under applicable federal or state law, including but not limited to two-party consent statutes.
Providing Telephone Numbers and Other Contact Information. You verify that any contact information provided to Public Storage, including, but not limited to, Your name, mailing address, email address, Your residential or business telephone number(s), and/or Your mobile telephone number(s), is true and accurate. You verify that You are the current subscriber or owner of any telephone number that You provide and that You are authorized to provide consent for that telephone number. You are strictly prohibited from providing a phone number that is not Your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate Your account(s) or communications. Should any of Your contact information change, including ownership of Your telephone number(s), you agree to immediately notify us before the change goes into effect by texting STOP to any text message or contacting Customer Service at HERE or 1-800-688-8057 to update the phone number associated with your account.
Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s) in conjunction with an account or transaction or by opting in to a Public Storage-sponsored call or text messaging program (“Program(s)”), You expressly agree to receive automated communications, including but not limited to artificial voice messages, prerecorded voice messages, calls and/or text messages (such as SMS, MMS, RCS or successor protocols or technologies) sent using an autodialer and/or automated system, from or on behalf of Public Storage on any topic including, without limitation, our relationship, promotions, offers, marketing, transitions of ownership, gate codes, eRental information, surveys, account balances, Your account(s), Your rental unit(s), the facility at which Your rental unit(s) are located, rental payments, account-related services (e.g., access tools, online account(s), the Public Storage app, collection efforts, and alerts. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive automated calls and text messages from Public Storage, even if You cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand that You do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. If You do not consent, You may contact Customer Service at HERE or 1-800-688-8057 to further inquire about our products and services. To opt-out, please see the Opt-Out Instructions below. You agree that these calls and texts may sent after regular business hours. You agree to receive messages or calls from or on behalf of Public Storage, even if you terminate your relationship with us, except if You opt-out.
Opt-Out Instructions. Your consent to receive automated calls and text messages is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or contact Customer Service at HERE or 1-800-688-8057 and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming Your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If You would like to stop messages from multiple shortcodes, text STOP to each shortcode to which you would like to unsubscribe.
To opt-out of automated voice calls (not text messages), You may contact Customer Service at HERE or 1-800-688-8057 advising that You want to opt out of automated calls and specifying the phone number(s) for which that opt-out should apply. It is Your sole responsibility to notify us if You no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to ten (10) business days to process any opt-out request. Please note that if You opt out of automated calls or text messages, we reserve the right to make non-automated calls to You. It is possible that third parties may have your contact information, and You may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.
Fees and Charges. There is no fee to receive automated telephone calls or text messages from Public Storage. However, You may incur a charge for these calls or text messages from Your telephone carrier, which is Your sole responsibility. Message and data rates may apply. Check Your telephone plan and contact your carrier for details. You represent and warrant that You are authorized to incur such charges and acknowledge that Public Storage is not responsible for such charges.
Unauthorized Use of Your Telephone Device. You must notify Public Storage immediately of any breach of security or unauthorized use of Your telephone device. Although Public Storage will not be liable for losses caused by any unauthorized use of your telephone device, You may be liable for our losses due to such unauthorized use.
Your Indemnification to Us. You agree to indemnify Public Storage for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state or local law equivalents, and claims relating to Your voluntary provision of a telephone number that is not owned by You and/or due to Your failure to timely notify us of any changes in Your contact information, including telephone number. You agree to indemnify and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at Your expense, to defend any such claims.
Release of Claims. By agreeing to receive communications from Public Storage, You agree to release Public Storage from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, and/or any similar state and local laws, acts or statutes, and any other federal or state tort or consumer protection laws).
General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of this Agreement.
You expressly consent and agree to receive automated calls and text messages from or on behalf of Public Storage, including after regular business hours, at any phone number You provide to Public Storage and/or in relation to your account. This consent includes, but is not limited to, contact using automatic telephone dialing system, prerecorded or artificial messages, and text messages (such as SMS, MMS, RCS or successor protocols or technologies).
If You have any questions regarding privacy, please read our privacy policy: Privacy Policy.
7. Registration, Password and Security
Whenever You provide us information on our Sites and Services, You agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If You provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, or incomplete, Public Storage may without notice suspend or terminate your access to our Sites and Services and refuse any and all current or future use of our Sites and Services (or any portion thereof).
In order to access or use some (or potentially all) of the features on the Sites and Services, You may be required to first register for a user account through our registration process that we make available through the Sites and Services. If any portion of our Sites and Services requires you to register or open an account You may also be asked to choose a password and a username. Please select a password that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. We may reject the use of any password, username, or e-mail address for any reason in our sole discretion. You also agree to the following: (i) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities that occur under your account, password, and username—whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (v) You will not sell, transfer, or assign your account or any account rights.
Without limiting any rights which Public Storage may otherwise have, Public Storage reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and Services and Your account, including, without limitation, terminating Your account, changing Your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Public Storage may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Public Storage be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Public Storage under this provision, (ii) any compromise of the confidentiality of your account or password, or (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.
The security of Your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, You understand and agree that such steps do not guarantee that use of the Sites and Services is invulnerable to all security breaches, and that Public Storage makes no warranty, guarantee, or representation that use of any of our Service is protected from viruses, security threats, or other vulnerabilities.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
8. Security
Violating the security of our Sites and Services is prohibited and may result in criminal and civil liability. Public Storage reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by Public Storage in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the Sites and Services, in whole or in part, or suspend or terminate Your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to Public Storage under these Terms. Upon suspension or termination of Your access to the Sites, Properties, and Services, or upon notice from Public Storage, all rights granted to you under these Terms will cease immediately, and You agree that you will immediately discontinue use of the Sites, Properties, and Services. Examples of security violations may include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service 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.
9. Disclaimer of Warranties
THE SITES, PROPERTIES, AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Therefore, to the fullest extent permissible by law, Public Storage, its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Public Storage Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Sites, Properties, and Services;
(b) the functions, features, or any other elements on, or made accessible through, the Sites, Properties, and Services;
(c) any products, services, developer code or instructions offered or referenced at or linked through the Sites, Properties, and Services;
(d) security associated with the transmission of your User Submissions transmitted to Public Storage via the Sites, Properties, and Services;
(e) whether the Sites and Services or the servers that make the Sites and Services available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact Your Device);
(f) whether the information (including any instructions) on the Sites and Services is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to, or errors on, the Site and Services will be repaired or corrected;
(h) whether your access to the Sites, Properties, and Services will be uninterrupted;
(i) whether the Sites, Properties, and Services will be available at any particular time or location; and
(j) whether Your use of the Sites, Properties, and Services is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PUBLIC STORAGE PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOU USE THE SITES, PROPERTIES, AND SERVICES AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, THE PUBLIC STORAGE PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES, PROPERTIES, AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
At times you may experience difficulty accessing the sites, properties, and services or communicating with the Public Storage Parties through the internet or other electronic wireless services as a result of high internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is Yours, an internet service provider’s, or Public Storage’s, can experience unanticipated outages or slowdowns or have capacity limitations. THE PUBLIC STORAGE PARTIES MAKE NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OF THE INTERNET OR CELL OR DATA SERVICE ON YOUR DEVICE.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
10. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, THE PUBLIC STORAGE PARTIES SHALL NOT BE LIABLE FOR ANY, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES, INCLUDING PERSONAL INJURY, ACCIDENTS, ILLNESS OR DEATH ARISING FROM PARTICIPATION IN THE BIDDING OF AN AUCTIONED UNIT, OR VISITING ANY PROPERTIES, AND ANY DAMAGES THAT RESULT FROM THE USE (OR INABILITY TO USE) OF THE SITES, PROPERTIES, AND SERVICES ARISING IN CONNECTION WITH ANY CLAIM, INCLUDING BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SERVICE OR SERVICES, EVEN IF THE PUBLIC STORAGE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SITES, PROPERTIES, AND SERVICES, THAT YOUR USE OF THE SITES, PROPERTIES, AND SERVICES IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITES, PROPERTIES, OR SERVICES IN ANY WAY, YOUR SOLE REMEDY SHALL BE TO STOP USING THE SITES, PROPERTIES, AND SERVICES. NOTWITHSTANDING THE FOREGOING, APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. PURSUANT TO APPLICABLE LAW YOU MAY HAVE RIGHTS IN ADDITION TO THE RIGHTS CONTAINED HEREIN. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE PUBLIC STORAGE PARTIES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PUBLIC STORAGE, AND THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR PURPOSES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
11. Assumption of Risk
You understand that participating in the bidding of an Auctioned Unit, purchasing an Auctioned Unit, visiting Properties, and removing the contents of the Auctioned Unit carries with it inherent risk that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary but may range from minor injuries, such as scratches, bruises and sprains, to major injuries, such as eye injuries, joint or back injuries, and concussions, to catastrophic injures, such as paralysis, head trauma and death. By using Public Storage’s Sites, Properties, and Services, You agree that You assume these inherent risks.
Rolling Ladder Risk. You further agree that upon Your request, Public Storage may provide You with a rolling ladder to assist You in accessing and removing property from an Auctioned Unit. The use of rolling ladders is inherently hazardous, risky, and dangerous, and may result in serious bodily injury to You or others, property damage, or even death. By using a rolling ladder, You acknowledge that You have received and reviewed the General Rules and Guidelines for Rolling Ladder Use, which concern the safe and proper use of rolling ladders and shall be provided by Public Storage upon Your request for a rolling ladder. By using a rolling ladder, You agree to thoroughly inspect it before each use to ensure that it is operating properly and is in good working condition. You agree that if the rolling ladder You have been provided is not operating properly or in good working condition, You will not use it and will report the problem to Public Storage.
12. Indemnification
To the fullest extent allowed by law, you agree to, and you hereby, defend, indemnify, and hold the Public Storage Parties 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 any Public Storage Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the Sites, Properties, and Services, and Your activities in connection with them; (ii) Your breach or alleged breach of these Terms; (iii) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Sites, Properties, and Services or your activities in connection with the them; (iv) information or material transmitted through Your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by You; and (vi) Public Storage Parties’ use of the information that You submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Public Storage Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Public Storage Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Public Storage Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Public Storage Party.
13. Applicable Law
These Sites, Properties, and Services are created and controlled by Public Storage in the State of Texas. As such, the laws of the State of Texas will govern these Terms without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Sites, Properties, and Services and these disclaimers, terms, and conditions at any time.
14. Severability
If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void, or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions shall remain valid and enforceable.
15. Termination
Public Storage reserves the right, in its sole discretion, to terminate Your account and restrict Your use of all or any part of the Sites, Properties, or Services for any reason or no reason, without notice, and without liability to you or anyone else. Public Storage also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Sites, Properties, or Services. These Terms remain effective even after Your account is terminated.
16. DISPUTE RESOLUTION AND BINDING ARBITRATION.
PLEASE READ THIS PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS.
This Dispute Resolution and Binding Arbitration provision (“Arbitration Agreement”) is a binding legal agreement between You and Public Storage and its past, present, and future parents, subsidiaries, affiliates, and related entities, as well as all of their respective officers, agents, employees, representatives, predecessors in interest, successors, and assigns (“Public Storage”). You may elect to opt out of the Arbitration Agreement within thirty (30) calendar days of signing the Rental Agreement or agreeing to Public Storage’s Terms and Conditions by sending written and signed notice by mail to Public Storage, ATTN: Opt-Out, 701 Western Avenue, Glendale, California 91201 or by email to [email protected]. In the event of a conflict between the Arbitration Agreement and any other applicable terms and conditions with Public Storage, the Arbitration Agreement shall govern.
“Dispute” shall be interpreted broadly to cover any claim or controversy between You and Public Storage, including claims or controversies regarding (i) the relationship between You and Public Storage; (ii) marketing, communications, Your purchase transactions, and billing; and (iii) Your access to and use of Public Storage facilities, apps, and websites. Disputes shall encompass any claim or controversy that arose before after termination of Your relationship with Public Storage.
16.1. PRE-ARBITRATION NOTICE OF DISPUTE. We strive to provide excellent customer service and hope we never have a dispute. If You have a Dispute that our customer service or property managers cannot resolve, and You wish to pursue arbitration or small claims, before initiating that claim, You must send an individual Notice of Dispute (“Notice”) by either emailing Your Notice to [email protected] or mailing Your Notice to Public Storage ATTN: Dispute Resolution Department, 701 Western Avenue, Glendale, California 91021. If Public Storage has a Dispute that we cannot resolve with You, and Public Storage wishes to pursue arbitration or small claims, before initiating that claim, Public Storage will send a Notice. Any Notice sent by Public Storage to You will be sent to Your mailing address on file with your Public Storage account. The Notice shall be sent on an individual basis and must include the following information, to the extent it exists: (i) the claimant’s name, mailing address, telephone number, email address, account number, and unit number; (ii) a description of the underlying facts and basis of the Dispute; and (iii) the specific relief sought. The Notice must be personally signed by You (if You are sending the Notice) or by a Public Storage representative (if Public Storage is sending the Notice) even if You or Public Storage are represented by counsel. The Notice is a prerequisite to initiating any Dispute.
16.2. MANDATORY INFORMAL DISPUTE RESOLUTION. Once the Notice is received by the other Party, You and Public Storage agree to participate and negotiate in good faith about the Dispute before commencing arbitration or small claims. This Informal Dispute Resolution procedure is a prerequisite to filing any arbitration demand or filing in small claims. No later than sixty (60) days after receiving a Notice, either Party must request an individualized discussion, by telephone or videoconference, regarding informal resolution of the Dispute (“Informal Settlement Conference”). The Informal Settlement Conference should occur at a mutually agreeable date and time and can be held after the initial 60-day period. You and a Public Storage representative must both personally participate in the Informal Settlement Conference even if You or Public Storage are represented by counsel. Personal participation in the Informal Dispute Resolution procedure and/or Informal Settlement Conference may be waived only if the Parties agree in writing. If You are represented by counsel, You must provide a statement signed by You authorizing Public Storage to disclose any of Your confidential information that Public Storage has in its records to Your counsel. Any applicable statute of limitations will be tolled from the date of a properly submitted Notice is received by the other Party through the 60-day Mandatory Informal Dispute Resolution period.
16.3. SMALL CLAIMS COURT. If You and Public Storage are unable to resolve the Dispute through the Mandatory Informal Dispute Resolution process and the Informal Settlement Conference, You and Public Storage agree that either Party may elect to have the Dispute heard in small claims court in the county or parish in which You reside (or, if a business, Your principal place of business) seeking only individualized relief so long as the Dispute falls within the jurisdictional limits of that court and the matter remains in that court and is not removed or appealed to a court of competent jurisdiction.
16.4. INDIVIDUAL ARBITRATION PROCEDURE. Once the requirements of Paragraphs 16.1 and 16.2 have been satisfied, and if neither Party elects to have the Dispute heard in small claims court, You and Public Storage agree that the Dispute will be resolved through binding, individual arbitration, except that any court of competent jurisdiction shall have exclusive jurisdiction over the following: (i) any Dispute relating to evictions; (ii) any Dispute relating to actions to enforce a lien; (iii) any Dispute relating to unlawful detainer remedies or defenses; (iv) any disagreement over whether a Dispute falls within the jurisdictional limits of a small claims court; (v) any Dispute relating to the formation, scope, validity, and enforceability of this Arbitration Agreement; (vi) any Dispute that exclusively seeks declaratory or injunctive relief; (vii) any Dispute related to bankruptcy; (viii) any Dispute related to Intellectual Property (patent, trademark, copyright, trade secret, etc.); and (ix) any Dispute related to the Class Action Waiver.
Individual arbitrations that are not part of a mass arbitration, as described in Paragraph 16.5, will be administered by AAA and shall be heard by a single, neutral arbitrator with at least ten (10) years of collective experience as an arbitrator or judge. AAA will conduct any individual arbitration under its Consumer Arbitration Rules and Mediation Procedures, which are available at https://www.adr.org/rules-forms-and-fees/. To the extent there is a conflict with the applicable AAA Rules, the terms of this Arbitration Agreement shall govern.
For all individual claims and counterclaims together valued at less than $25,000, the Parties must proceed with a documents-only arbitration hearing, unless otherwise agreed upon in writing by both Parties.
16.5. MASS ARBITRATION PROCEDURE. If twenty-five (25) claimants (including You) submit Notices to or assert claims against Public Storage through the same or coordinated counsel or are otherwise coordinated, regardless of when the Notices are submitted or claims are asserted, then all such Notices and claims will be subject to this Paragraph 16.5 and referred to herein and defined as “Mass Arbitration.” Once the requirements of Paragraphs 16.1 and 16.2 have been satisfied, the definition of Mass Arbitration has been satisfied, and neither Party elects to have the Dispute heard in small claims court, You understand and agree that the additional procedures in this Paragraph 16.5 shall apply and that resolution of Your Dispute might be delayed. Mass Arbitration will be administered by JAMS under its Mass Arbitration Procedures and Guidelines, which are available at https://www.jamsadr.com/mass-arbitration-procedures. If JAMS is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, then Mass Arbitration shall be administered by NAM and shall be governed under NAM’s Comprehensive Dispute Resolution Rules and Procedures then in effect, including its Mass Filing Supplemental Dispute Resolution Rules and Procedures, which are available at https://www.namadr.com/resources/rules-fees-forms. To the extent there is a conflict with the applicable JAMS Rules, the terms of this Arbitration Agreement shall govern.
To increase the efficiency of administration and resolution of Mass Arbitration, You and Public Storage agree that Mass Arbitration shall proceed by staged batching.
Each of the Disputes assigned in any Stage shall proceed individually, meaning each Dispute shall have its own case number, discovery, and opportunity to be heard at a hearing. All Disputes assigned in any Stage shall be assigned to the same arbitrator, shall proceed on one procedural calendar, shall proceed with one hearing (if any) to occur virtually or in a place determined by the arbitrator, shall provide one final award that will provide for any and all relief the arbitrator determines each individual Party is entitled to, and shall proceed with one set of filing and administrative fees due per batch. Any Disputes not assigned to a current stage shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed as part of this staged batching. Any relevant limitations period and filing fee or other deadlines shall be tolled for Disputes that are not filed or deemed filed in arbitration.
Stage One. If at least 100 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and Public Storage shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations within a batch as part of this staged process. The number of Disputes to be selected to proceed in Stage One can be increased or decreased by agreement of counsel for the Parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One).
After each staged set of proceedings is completed, counsel for the Parties shall participate in a global mediation session within 60 days with a mediator jointly selected by counsel in an effort to resolve all remaining Disputes, and Public Storage will pay the mediator’s fee (the “Mediation”).
Stage Two. If the remaining Disputes have not been resolved at the conclusion of Stage One, following Mediation, counsel for the claimants and Public Storage shall each select one hundred (100) Disputes to be filed and to proceed as cases in individual arbitrations as part of this staged process. The number of Disputes to be selected to proceed in Stage Two can be increased or decreased by agreement of counsel for the Parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two).
Stage Three and Beyond. Upon completion of the mediation set forth in Stage Two, if Your Dispute has not been resolved, You agree that Your Dispute will be resolved through additional staged batching. Each stage in this batching procedure shall occur consecutively and not concurrently. For each subsequent stage, counsel for the claimants and Public Storage shall each select one hundred (100) Disputes to be filed and to proceed as cases in individual arbitrations as part of this staged process. The number of Disputes to be selected to proceed in each stage can be increased or decreased by agreement of counsel for the Parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in the next stage).
For all individual claims and counterclaims together valued at less than $25,000, the Parties must proceed with a documents-only arbitration hearing, unless otherwise agreed upon in writing by both Parties.
In connection with each stage set forth above, each arbitrator assigned shall aim to issue their award within one-hundred twenty (120) days after their appointment. The arbitrator shall have the ability to shorten or extend this deadline as the arbitrator deems fit based on the circumstances of the Dispute.
You and Public Storage agree to engage in the Mass Arbitration Procedure in good faith. A court of competent jurisdiction shall have the authority to enforce this Mass Arbitration Procedure and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees as determined by JAMS or, as applicable, NAM.
16.6. CLASS ACTION WAIVER AND INDIVIDUAL RELIEF. You and Public Storage agree that any proceedings, whether in arbitration or in court, will be conducted only on an individual basis and not as a class, collective, consolidated, private attorney general, or representative action. Under no circumstances shall any Dispute be resolved through class arbitration. This Arbitration Agreement does not prohibit You from bringing issues to the attention of federal, state, or local agencies who may seek relief against Public Storage on Your behalf. Nothing in this Paragraph 18.6 prevents You or Public Storage from participating in a class-wide settlement. You and Public Storage agree that to the fullest extent permitted by law, You and Public Storage waive the right to a jury trial under this Arbitration Agreement. If any prohibition in this Class Action Waiver and Individual Relief provision is found to be unenforceable, any provision found to be unenforceable shall be severed from the enforceable portions of the Arbitration Agreement and all other arbitrable aspects of the case must be arbitrated first. After completing arbitration, the remaining non-arbitrable aspects of the Dispute will be decided by a court of competent jurisdiction.
16.7. OPT-OUT. You may elect to opt out of the Arbitration Agreement within thirty (30) calendar days of signing the Rental Agreement or agreeing to Public Storage’s Term and Conditions by sending written and signed notice by You by mail to Public Storage, ATTN: Opt-Out, 701 Western Avenue, Glendale, California 91201 or by email to [email protected]. Please include in your opt-out, the following information: (1) Your name, (2) Your customer account, (3) Your e-mail address, and (4) Your mailing address.
16.8. APPLICABLE LAW AND VENUE. The Federal Arbitration Act and the laws of the State of Texas, without regard to principles of conflict of law, will govern this Arbitration Agreement and apply to any Disputes between You and Public Storage. Unless You and Public Storage agree otherwise, to the fullest extent permitted by applicable law, the State and Federal courts that encompass Los Angeles County Superior Court shall have exclusive jurisdiction over any Disputes (except for Dispute brought in small claims court) that are not subject to Arbitration, Mass Arbitration, or otherwise opted out of arbitration pursuant to this Arbitration Agreement. You and Public Storage consent to the exclusive jurisdiction of that court and waive any objections as to personal jurisdiction or as to the laying of venue in such courts because of inconvenient forum or any other basis or right to seek to transfer or change venue of any such action to another court.
16.9. MODIFICATIONS TO ARBITRATION AGREEMENT. Public Storage reserves the right to change or modify this Arbitration Agreement. If Public Storage changes or modifies this Arbitration Agreement after the date You first signed the Rental Agreement (or accepted any subsequent changes to the Arbitration Agreement), or agreed to Public Storage’s Terms and Conditions, You agree that Your signature on any subsequent Rental Agreement and/or or Your continued use of Public Storage’s webpage, apps, properties, or services, will be deemed acceptance of those changes to the Arbitration Agreement contained therein. You may reject future changes and modifications to the Arbitration Agreement by sending written and signed notice by mail to Public Storage, ATTN: Opt-Out, 701 Western Avenue, Glendale, California 91201 and providing the date of the Arbitration Agreement you are opting out of. By rejecting or opting out of future changes, it will not impact the validity or enforceability of any prior Arbitration Agreement Your previously agreed to. You are agreeing that You will resolve any Dispute between You and Public Storage in accordance with the provisions of the Arbitration Agreement as of the first date you accepted it (or accepted any subsequent changes to the Agreement, as applicable).
16.10. SEVERABILITY. Except as otherwise provided in this Arbitration Agreement, if any part or parts of this Arbitration Agreement are found to be void, invalid, or otherwise unenforceable, then that provision shall be of no force and effect and shall be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. Severability of a provision does not affect the validity and enforceability of any other changes or conditions.