Terms of Service / Legal
This Terms of Service (this "TOS") is a legally binding agreement made by and between Pouch Self Storage, and/or Pouch Records Management L.P. (consisting of all properties or businesses operated under the Pouch Logo* Pouch Registered Trade Mark) ("Pouch") and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, "you"). This TOS governs your use of the PouchSelfStorage.com web site (the "Web Site"), so please read it carefully. BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE. INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, POUCH RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
Using The Web Site.
Eligibility. Except as expressly provided below, the Web Site may only be used by individuals and entities who can form legally binding contracts under applicable law. Registration. If you decide to register with the Web Site as a customer, you will receive a password and account designation upon completing the Web Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Pouch of any unauthorized use of your password or account or any other breach of security. Pouch will not be liable for any loss or damage arising from your failure to comply with this Section 1(b) or unauthorized disclosure of your password or account. As part of the registration procedure, You shall: (a) provide accurate, current and complete information about yourself as prompted by the Web Site's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Pouch has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Pouch has the right to suspend or terminate your account and prohibit any and all current or future use of the Web Site (or any portion thereof). License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on our Web Site in the normal course of your use of the Web Site. Pouch will retain ownership of its intellectual property rights and you will not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit or sublicense materials or content available on the Web Site, except as expressly set forth in this TOS.
In your use of the Web Site, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Web Site, the Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Pouch, or use a false identity; (v) attempt to obtain unauthorized access to the Web Site; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent, or other information relating to the Web Site; (viii) submit false or misleading information to Pouch; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Web Site; or (xii) assist any third party in engaging in any activity prohibited by this TOS.
All materials on our Web Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by Pouch or are the property of Pouch's suppliers or licensors. You may not use such materials without permission. © 2006 Pouch Self Storage. ALL RIGHTS RESERVED.
The trademarks on the Web Site, including, without limitation, POUCH and the POUCH logo are owned by Pouch or its licensors. Page headers, custom graphics, button icons and scripts are trademarks or trade dress of Pouch. You may not use any of these trademarks, trade dress, or trade names without the express written permission of Pouch.
Linking and Framing.
You may not deep link to portions of the Web Site; or frame, inline link, or similarly display any Pouch property, including, without limitation, the Web Site. You may not use any Pouch logo or its other trademarks as part of a link without the express written permission of Pouch. Comments. All comments, feedback, suggestions, ideas, questions, requests and other submissions that you disclose, submit or offer to us in connection with your use of the Web Site (collectively, "Comments") will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Pouch of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
You agree to indemnify, defend and hold Pouch and its affiliates and their respective employees, representatives, agents, attorneys, directors, officers, managers members, partners and shareholders (collectively, the "Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this TOS by you or (ii) arising from, related to, or connected with your use of the Web Site. If you are obligated to provide indemnification pursuant to this provision, Pouch may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Pouch.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
DISCLAIMER OF WARRANTIES.
POUCH PROVIDES THE WEB SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. POUCH DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, ITS USE, OR ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. POUCH MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
EXCLUSION OF DAMAGES.
POUCH WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
LIMITATION OF LIABILITY.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF POUCH ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE WEB SITE EXCEED
Pouch will not be liable for failing to perform under this TOS because of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Pouch to perform, fire, terrorism, natural disaster or war.
All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Web Site will be exclusively resolved under confidential binding arbitration held in Orange County, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Pouch will have the right to seek injunctive or other equitable relief in state or federal court located in Orange County, California to enforce this TOS or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Changes to the Web Site.
Pouch may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site, temporarily or permanently, at any time without notice to you, and Pouch will not be liable for doing so.
Pouch will have the right to terminate your access to the Web Site if it reasonably believes you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site. If your access to the Web Site is terminated, Pouch reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until Pouch chooses to terminate it, regardless of whether any account you open is terminated by you or Pouch or if you have the right to access or use the Web Site.
This TOS contains the entire understanding of you and Pouch regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and Pouch relating thereto.
This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without regard for conflict of law principles. This TOS and all of your rights and obligations under this TOS may not be assignable or transferable by you without the prior written consent of Pouch. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You and Pouch are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect