This website or portion of it pertaining to self-storage (the "Website"), is operated by JK Enterprises Inc., and Managed Software Solutions, Inc. The Website is provided as part of a free reservation service (including the Website, the "Service") designed to assist users in determining the availability of self-storage units ("Units") and initiating reservations for specific Units or other third-party services available via the Service ("Reservations").
The term "you" refers to the user visiting the Website and/or making Reservations through the Website or via the telephone related features of the Service.
The Services is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website or other elements of the Service, you agree to be bound by the Agreement. We reserve the right to change or otherwise modify the Agreement without prior notice at any time, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
As a condition of your use of the Reservation Service, you warrant that:
We retain the right to deny access to the Service and decline Reservations, at any time and for any reason.
While you may make copies of your Reservation information, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
Prospective lessees are advised to perform all due diligence before entering into a contract to rent or lease storage space.
When accessing the Website, you agree not to upload, display, perform, transmit or otherwise distribute any content that
JK Enterprises, Inc. and Managed Software Solutions, Inc will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. JK Enterprises, Inc. and Managed Software Solutions, Inc reserves the right to remove any content from the site at any time, for any reason.
THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL JK ENTERPRISES (AND/OR ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER SUCH DAMAGE ARISES, WHETHER IN ACTION OR INACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE OR MATERIALS AVAILABLE FROM THIS WEBSITE, EVEN IF JK ENTERPRISES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
By placing a Reservation, you agree to (a) comply with the reasonable requirements of each Service Provider in connection with the offered Rental Services and (b) be bound by, with no recourse against JK Enterprises, Inc. and Managed Software Solutions, Inc, any terms and conditions contained in the bill of lading, warehousemen receipt, warehousemen terms and conditions, or other terms and conditions entered into directly between you and a Service Provider. You acknowledge Service Providers may limit their liability for loss or damage to your goods and/or place a lien on such goods, as may be set forth in such bill of lading, receipt or terms and conditions.
(a) WITH RESPECT TO STOREITALLHERE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, STOREITALLHERE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT. WE DO NOT REPRESENT OR WARRANT, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF STOREITALLHERE; THAT THE FUNCTIONS CONTAINED IN, OR THE TRANSACTIONS YOU UNDERTAKE VIA, STOREITALLHERE WILL MEET YOUR REQUIREMENTS; THAT ANY CONTENT, DATA, INFORMATION OR MATERIALS OF, OR PROVIDED BY, SERVICE PROVIDERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE DESCRIPTION OF ANY RENTAL SERVICES, DISPLAYED, INCLUDED, OR OTHERWISE MADE AVAILABLE VIA STOREITALLHERE (EITHER DIRECTLY OR THOUGH LINKS TO THIRD-PARTY WEBSITES) IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE; THAT THE OPERATION OF STOREITALLHERE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT STOREITALLHERE IS AVAILABLE OR PERMITTED IN ANY PARTICULAR LOCATION; OR THAT DEFECTS IN STOREITALLHERE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
(b) WITH RESPECT TO THE RENTAL SERVICES AND YOUR PROPERTY, YOU ACKNOWLEDGE AND AGREE THAT SERVICE PROVIDERS OFFERING RENTAL SERVICES VIA STOREITALLHERE ARE INDEPENDENT CONTRACTORS, AND NOT AGENTS OR EMPLOYEES OF JK ENTERPRISES, INC. AND MANAGED SOFTWARE SOLUTIONS, INC; AND ARE SOLELY RESPONSIBLE FOR ANY AND ALL RENTAL SERVICES PROCURED THROUGH STOREITALLHERE AND THE FULFILLMENT OF ANY RESERVATION. YOU ACKNOWLEDGE JK ENTERPRISES, INC. AND MANAGED SOFTWARE SOLUTIONS, INC IS NOT LIABLE FOR ANY LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM OR RELATED TO YOUR INTERACTIONS WITH, OR THE ACTS OR OMISSIONS OF, ANY SERVICE PROVIDER AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH LOSSES, COSTS, DAMAGES OR CLAIMS SHALL BE DIRECTLY AGAINST SUCH SERVICE PROVIDER WITH NO RECOURSE AGAINST JK ENTERPRISES, INC. AND MANAGED SOFTWARE SOLUTIONS, INC.
IN NO EVENT SHALL JK ENTERPRISES, INC. AND MANAGED SOFTWARE SOLUTIONS, INC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO STOREITALLHERE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF JK ENTERPRISES, INC AND MANAGED SOFTWARE SOLUTIONS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JK ENTERPRISES, INC AND MANAGED SOFTWARE SOLUTIONS, INC HAVE AGGREGATE LIABILITY TO YOU FOR DAMAGES ARISING OUT OF, OR RELATING TO, YOUR USE OR ACCESS OF STOREITALLHERE IN EXCESS OF THE REFERRAL AND/OR FACILITATION FEES RETAINED BY JK ENTERPRISES, INC. AND MANAGED SOFTWARE SOLUTIONS, INC IN CONNECTION WITH SUCH STOREITALLHERE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM" THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.
Except (a) as expressly set forth in these Terms, or (b) as prohibited by applicable law, and solely to the extent necessary to comply with such law, you shall not: (i) copy any element of StoreItAllHere, (i) modify, translate, adapt, or otherwise create derivative works or improvements of StoreItAllHere; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any element of StoreItAllHere; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from StoreItAllHere; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available StoreItAllHere or any features or functionality thereof to any third party for any reason; (vi) make any speculative, false or fraudulent Reservations; or (vii) otherwise use StoreItAllHere other than for its intended use.
You acknowledge that all intellectual property and proprietary rights, title and interest in StoreItAllHere belong to us, Service Providers, or our or their licensors. JK ENTERPRISEs reserves all such rights. Other than the limited right to access and use StoreItAllHere in accordance with these Terms, you do not acquire any right in or to StoreItAllHere, or any element thereof. You acknowledge if you submit comments, suggestions, or other feedback regarding StoreItAllHere, JK ENTERPRISES will be free to use such comments, suggestions, or other feedback for any purpose without any restriction or obligation to you. "JK ENTERPRISES" and all associated logos displayed via StoreItAllHere are our trademarks and service marks (unless otherwise noted). JK ENTERPRISES may include the names and logos of Service Providers on StoreItAllHere, however, JK ENTERPRISES is not affiliated with any Service Provider, and no Service Provider grants you any rights in and to its trademarks and other intellectual property.
We do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges included in any Total Reservation Cost are a recovery of the estimated taxes (e.g. sales and use, storage tax, excise tax, shipping tax, etc.) that JK ENTERPRISES pays to Service Providers for taxes due on the Rental Services. Service Providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. JK ENTERPRISES does not act as co-vendors with Service Providers who offer Rental Services via StoreItAllHere. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us to Service Providers may vary from the tax recovery charge amounts included in any Total Reservation Cost, depending upon the rates, taxability, etc. in effect at the time of your actual use of the Rental Services. We retain our fees as compensation for providing StoreItAllHere. Our fees may vary based on the amount and type of Rental Services a Service Provider offers. Notwithstanding the foregoing, sales, use and/or local taxes may be imposed on the amounts that we charge for StoreItAllHere (e.g., service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on StoreItAllHere may vary depending on the rates in effect at the time of your actual use of the Rental Services.
The term of these Terms commences on the Effective Date and continues until terminated by JK ENTERPRISES or you. JK ENTERPRISES may terminate these Terms at any time without notice if it ceases to offer StoreItAllHere, which it may do in its sole discretion, or if you fail to comply with one or more terms of these Terms. Upon termination of these Terms: (a) all rights granted to you under these Terms will immediately terminate; and (b) you must immediately cease all use of StoreItAllHere.
Neither party shall be in default for failing to perform any obligation (except for the payment of any amounts due) hereunder if such failure is caused solely by supervening conditions beyond the parties' respective control, including without limitation acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions ("Force Majeure Event"). The laws of the State of Texas, excluding its conflicts of law rules, govern these Terms and the provision of StoreItAllHere. These Terms constitute the entire agreement between you and us regarding StoreItAllHere. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. JK ENTERPRISES may freely transfer or assign these Terms and any of its rights or obligations hereunder. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Any amendments by you to, and waivers under, these Terms shall only be valid if in writing and signed by an executive of JK ENTERPRISES. We reserve the right to change or otherwise modify these Terms without prior notice at any time, and your continued access or use of StoreItAllHere signifies your acceptance of these Terms as so updated or modified.