Website Terms of Use
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.
Reservation Terms
Use of the Reservation Service
As a condition of your use of the Reservation Service, you warrant that:
- you will use the Service in accordance with this Agreement;
- you possess the legal authority to create a binding legal obligation;
- you will only use the Service to initiate legitimate Reservations for you or for another person or company for whom you are legally authorized to act;
- all information supplied by you via the Service is true, accurate, current and complete; and
- you are at least 18 years of age.
We retain the right to deny access to the Service and decline Reservations, at any time and for any reason.
Prohibited Activities
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:
- use the Service (including this Website or its contents) for any commercial purpose other than making Reservations for yourself or on behalf of your company;
- access, monitor or copy any content or information of this Website using automated means or bulk manual processing for any purpose without our express written permission;
- make any speculative, false, or fraudulent Reservation;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that, in our discretion, imposes an unreasonable or disproportionately large load on our infrastructure;
- "frame," "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Disclaimer
Prospective lessees are advised to perform all due diligence before entering into a contract to rent or lease storage space.
Website Terms
Inappropriate Content
When accessing the Website, you agree not to upload, display, perform, transmit or otherwise distribute any content that
- is libelous, defamatory, obscene, pornographic, abusive or threatening;
- encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or
- advertises or otherwise solicits funds, goods, or services.
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.
General
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.
Limitations of Liability
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.
Facility Terms
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.
Disclaimer of Warranties and Acknowledgements
(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.
Limitation of Liability
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.
Restrictions
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.
Reservation of Rights; Rights in Certain Content and Trademarks
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.
Tax Acknowledgements
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.
Term and Termination
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.
Miscellaneous
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.
Privacy Policy
We are committed to protecting and respecting your privacy. This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide by filling in forms on our website, or on or associated with any of our social media other digital advertising pages (collectively, our “Sites”). This includes information provided at the time of registering to use our Sites, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a promotion sponsored by us, and when you report a problem with our Sites.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our Sites and of the fulfilment of your orders.
- Details of your visits to our Sites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP addresses
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
Cookies
Our Site uses cookies to distinguish you from other users of our Sites. This helps us to provide you with a good experience when you browse our website and also allows us to improve our Sites.
Uses made of the information
We use information held about you in the following ways:
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To ensure that content from our Sites is presented in the most effective manner for you and for your computer.
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To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
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To carry out our obligations arising from any contracts entered into between you and us.
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To allow you to participate in interactive features of our service, when you choose to do so.
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To notify you about changes to our service.
Disclosure of your information
We may disclose your personal information to:
- any of our subsidiaries or affiliated companies;
- data processing companies, mailing houses and other third parties working on our behalf (whether directly or indirectly).
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We may disclose your personal information to third parties:
In the event that we sell or buy any business, assets or shares, in which case we may disclose your personal data to the prospective seller or buyer of such business, assets or shares.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions; or to protect our rights, property, or safety, or those of our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Every now and again, requests are received for information from government departments, the police and other enforcement agencies. If this happens, and there is a proper legal basis for providing your information, it will be provided to the organization asking for it.
Changes to our Privacy Policy
This Privacy Policy may be updated from time to time so you may want to check it each time you visit our Site.
Contact
Please contact us using the details shown on our Sites if you have any questions, comments or requests regarding this Privacy Policy.