Terms and Conditions
Effective: October 18, 2017
Welcome to the Internet site operated by Public Storage (the “Site”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS. By accessing or using our Site in any way you are agreeing to comply with these Terms and Conditions, including any documents, policies, and guidelines incorporated by reference (referred to collectively as the "Terms"). Certain services available through our Site may have their own terms and conditions that apply to your purchase or use of that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with Public Storage, including the Rental Agreement for your storage unit or any other website terms and conditions with a Public Storage affiliate. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased, the Rental Agreement for your storage unit, or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern
Public Storage and its affiliates provide their services to you subject to the following notices, terms, and conditions.
1. Promotions and Offers
All promotions and offers are subject to change. They are offered only on selected units and are subject to availability. Price offers apply only to the rental fee. Other restrictions, taxes, and fees, including administrative fees, apply. See each contract for full details.
Promotions are good for new customers only unless otherwise specified. They are not available on transfers or additional spaces. Pricing is subject to change. A reservation is required to guarantee the price. A reservation only guarantees the price and not the availability of any unit.
Actual unit sizes may vary from approximate size estimates.
Please inspect any unit before renting.
Online pricing is available only for online reservations and rentals.
Not sure about the size you need? Don't worry; online pricing discounts will be honored for any rental originating from an online reservation.
2. Trademarks and Service Marks
Public Storage® and Trusted Nationwide Since 1972® are registered trademarks of Public Storage in the United States and other countries. The Orange Door Storage Insurance Program™ and the trade dress of an orange door on a storage unit are trademarks of Public Storage. Other trademarks that are used or displayed on the Site are owned by Public Storage or by third parties other than Public Storage that offer and provide products and services on or through the Site. The trademarks of Public Storage may not be copied or used, in whole, partial, or modified form, without the prior written permission of Public Storage or, if applicable, its licensor or affiliate. In addition, Public Storage custom graphics, logos, button icons, scripts, text, photographs, artwork, and page headers (“Content”) are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) in whole or in part to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without the express prior written permission of Public Storage. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Public Storage. You may not use any meta tags or any other "hidden text" utilizing a Public Storage name, trademark, or product name without Public Storage’s express written consent.
3. Links to Other Sites
5. Authority to Use Site
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Site with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in the Terms; otherwise, please exit the Site.
Our Site is intended for use by our customers in the United States. Our Site is 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, information, and materials contained on the Site and the Terms, policies, and descriptions that appear on the Site are subject to change. You accept sole responsibility for your use of the Site. Your use of the Site is limited to the intended functions of the Site. Unauthorized use of the Site, services, or systems, including but not limited to unauthorized entry into Public Storage's systems or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site 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) fails to comply with applicable third-party terms; or
(k) is otherwise objectionable as determined in Public Storage’s sole discretion.
Public Storage may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. Public Storage reserves the right to change, modify, or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that Public Storage shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site (or any portion thereof).
Whenever you provide us information on our Site, 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 Site and refuse any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Public Storage of any unauthorized use of your password or account or any other breach of security. 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 Site 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 Site is invulnerable to all security breaches, and that Public Storage makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats, or other vulnerabilities.
8. Telephonic Communications and Agreement to be Contacted
You acknowledge that telephone calls to or from Public Storage may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to Public Storage, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect by contacting the facility where your storage unit is located, by phone at (800) 567-0759, or electronically by logging into your account at www.publicstorage.com.
You agree to indemnify, defend, and hold Public Storage harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state, or local law, regulation, or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to Public Storage, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to offers, your account, any transaction with us, and/or your relationship with Public Storage. You also agree that Public Storage may obtain, and you expressly agree to be contacted at, email addresses, mailing addresses, and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to your account, and account collections. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services. Calls or text messages to you may be made by or on behalf of Public Storage even if your telephone number is registered on any 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 that Public Storage is 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. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated telephone calls (but not text messages), contact the facility where your storage unit is located, call (800) 567-0759, or send us a message through the “Contact Us” form on www.publicstorage.com. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, account collections, or your relationship with us. Your obligations under this Section shall survive termination of these Terms and Conditions.
9. Copyright Complaints
Public Storage respects the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act of 1998 (the "DMCA"), under 17 U.S.C. §§ 512(b)–(d), a copyright holder may send Public Storage a valid notification of claimed copyright infringement under the DMCA if they believe that their work has been copied and has been posted, stored, or transmitted to the Site in a way that constitutes copyright infringement. Public Storage’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is: .
Attention: Chief Litigation & Operations Counsel
701 Western Avenue
Glendale, California 91201
10. Submissions to Public Storage
You agree not to propose, post, or submit to Public Storage ideas, concepts, copy, proposals, inventions, methods, or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Site. In the event you do so, you hereby grant to Public Storage a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to Public Storage the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that Public Storage is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against Public Storage for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to Public Storage, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
You agree to make only lawful use of this Site. You agree not to post, upload, or transmit, any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Public Storage reserves the right to refuse to post any content, or to remove any content from the Site, that violates these Terms.
Violating the security of our Site is prohibited and may result in criminal and civil liability. Public Storage may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site 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.
12. Disclaimer of Warranties
THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PUBLIC STORAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE SITE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, PUBLIC STORAGE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE’S CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
AT TIMES YOU MAY EXPERIENCE DIFFICULTY ACCESSING THE SITE OR COMMUNICATING WITH PUBLIC STORAGE 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. PUBLIC STORAGE MAKES NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OF THE INTERNET OR CELL OR DATA SERVICE ON YOUR DEVICE.
13. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, PUBLIC STORAGE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES, INCLUDING ANY DAMAGES FOR LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF THE SITE OR THE INABILITY TO USE THE SITE OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE OR ARISING IN CONNECTION WITH ANY 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 SITE OR SERVICES, EVEN IF PUBLIC STORAGE HAS 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 SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE IN ANY WAY, YOUR SOLE REMEDY SHALL BE TO STOP USING THE SITE. 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 PUBLIC STORAGE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY LANGUAGE SET FORTH ABOVE SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. IF YOU ARE A NEW JERSEY RESIDENT, THE FOLLOWING LANGUAGE SHALL APPLY: PUBLIC STORAGE OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SITE, OR ANY MATERIALS IN THE SITE UNLESS SUCH LOSS OR DAMAGE IS THE RESULT OF PUBLIC STORAGE’S INTENTIONAL MISCONDUCT OR NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS .
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless Public Storage, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs of any kind, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of the Site, or any violation of these Terms, any law, or any rights of any third party, including when the active or passive negligence of Public Storage is alleged or proven.
15. Applicable Law
This site is created and controlled by Public Storage in the State of California, USA. As such, the laws of the State of California will govern these Terms and all promotions and offers, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Site and these disclaimers, terms, and conditions at any time.
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.
Public Storage reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Site 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 Site. These Terms remain effective even after your account is terminated.
18. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THESE PROVISIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS
18.1. Notice; Process
Before filing a claim against us in any forum, you agree to first attempt to resolve the dispute informally by notifying us of your claim by sending an email to firstname.lastname@example.org or sending a letter to the Dispute Resolution Department, 701 Western Avenue, Glendale, California 91201. The notice must specifically describe the nature of the dispute and the relief you seek. You will give us 60 days from the date we receive your notice to try to resolve the dispute. Either party may file a claim if the dispute is not resolved after 60 days.
18.2. Dispute Resolution and Arbitration
Both you and Public Storage agree that any and all dispute, claim, or controversy between you and Public Storage arising in connection with or in any way relating to the relationship between you and Public Storage, including your use of the PS online bill paying service, will be determined by mandatory binding individual (not class) arbitration. You and Public Storage further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. By agreeing to arbitrate, both parties are giving up the right to proceed in court. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as in court, except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.
18.3 Arbitration Rules
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 in your state, 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 Public Storage agree that arbitration must proceed as a documents-only hearing, unless otherwise agreed upon in writing by both parties. You and Public Storage 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 Public Storage agree that our business and the relationship here involve interstate commerce. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7870.
Notwithstanding Section O(2) above, both you and Public Storage agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to seek remedies in small claims court for disputes or claims within that court's jurisdiction. Both parties also retain the right to pursue any eviction, action to enforce a lien, and/or unlawful detainer remedies or defenses in any court. You agree that Public Storage retains the right to conduct a lien sale. Further, this Arbitration Agreement does not stop you or Public Storage from bringing issues to the attention of federal, state, or local agencies, who may seek relief against us on your behalf (or vice versa) to the extent allowed by law. Any other claims, however, such as claims for violations of the self-storage lien laws, derivative claims (including but not limited to claims under state consumer protection statutes), conversion, negligence, breach of contract, or other violations of state or federal law, must be brought in arbitration.
18.5 No Class or Representative Proceedings: Class Action Waiver
YOU AND PUBLIC STORAGE BOTH AGREE TO GIVE UP THE RIGHT TO A JURY TRIAL. YOU AND PUBLIC STORAGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Unless you and Public Storage agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding, consolidated action or private attorney general action. If this specific provision, known as the “Class Action Waiver,” is found to be unenforceable, then the entirety of this Arbitration Provision shall be null and void except paragraph O(1), which shall remain in full force and effect.
These Terms constitute the entire agreement between you and us with respect to the use of our Site, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us regarding such subject matter. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Subject to Section 18.5 above, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the course of conduct nor course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. Public Storage may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party with any remedy, claim, or right of reimbursement. Except where the context otherwise requires, wherever used, the singular shall include the plural, the plural the singular and the word “or” is used in the inclusive sense (and/or). The term “including” as used herein shall mean including, without limiting the generality of any description preceding such term (regardless of whether the term “including” is followed by words such as “but not limited to” or “without limitation” in some provisions but not others). The headings in these Terms are for the sole purpose of convenience of reference and shall not in any way limit or affect the meaning or interpretation of any of the provisions of these Terms.