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THE FOLLOWING ARE NOT AND ARE NOT INTENDED TO BE A COMPLETE DISCLOSURE OF THE TERMS AND CONDITIONS BY WHICH YOU WILL BE BOUND.
Lease – You agree to sign a month-to-month Rental Agreement before you take possession of the storage unit. An overlock will be placed on your storage unit within 7 days from when you take possession if no Rental Agreement is signed.
Term – The term of the Rental Agreement and, if applicable, your enrollment in our property protection plan, shall automatically renew each month, and monthly rental charges will recur unless you cancel. To cancel and avoid rental and protection plan charges for the following month, you must cancel before your next billing date by calling a Storage Specialist at (888) 480-8610, moving out online through our customer portal, or by contacting our store. Pre-paid rent and property protection charges are non-refundable, including if you vacate mid-month.
Promotions or Trial Periods – If your rental includes a promotional or discounted rate or a trial period, the promotional or discounted rate or trial period will end on the date provided in your Rental Agreement. After that time, without further notice, your rent will automatically increase to the standard rate or you will begin to be charged for your protection plan, as applicable, unless otherwise stated. You may cancel your rental or protection plan as described above under “Term”. You must cancel before your next billing date to avoid rental and protection plan charges for the following month. Pre-paid rent and property protection charges are non-refundable, including if you vacate mid-month.
Start Date – You agree that your Rental Agreement and rental start date will be today, regardless of when you take possession of the storage unit.
Billing and Payment – You agree to provide prompt payment as specified in the Rental Agreement. All payments are due in advance and are non-refundable for partial months after termination. No partial payments will be accepted. Late payments are subject to late and lien fees as outlined in the Rental Agreement. Your payment today covers your first billing cycle only. Future monthly rental charges (and, if applicable, property protection plan charges) will be billed automatically in advance unless you cancel as described above under “Term”.
Lock – You are required to have a lock for your storage unit. Locks are available for purchase at the facility.
Vehicle Storage/Parking – You agree to store/park vehicles in compliance with the terms of the Rental Agreement.
Limited Warranty – Any and all representations are made within the Rental Agreement. You agree that you will not rely on any oral statements or representations made by our agents and/or employees.
Insurance – The property protection plan is optional. If you enroll, you will be charged the monthly fee shown based on your selected coverage. Charges for the plan are billed monthly in advance, are non-refundable for partial months after termination, and will recur unless you cancel. To cancel and avoid charges for the following month, you must cancel before your next billing date, as further described above under Term.
Disputes – You agree all disputes will be handled pursuant to the terms of the Rental Agreement, including the requirements that all claims, controversies and disputes shall be resolved by binding arbitration and shall take place on an individual basis, without any form of class action.
Please read these terms and conditions carefully. They set forth the legally binding terms for your use of the service and other services made available through the service. These terms require you to arbitrate any disputes you have with us and you waive the ability to bring claims against us in a class action format.
Introduction
Welcome! We’re glad you have chosen to engage with Elite Guard Storage Solutions. These Terms and Conditions, including any documents, policies, and guidelines incorporated by reference (referred to collectively as the “Terms”) governs the website (www.eliteguardstorage.com, including both mobile and online versions) (the “Site”), including your use of interactive features, our mobile applications (each an “App”), content and/or other online services that we own and control and that post a link to these Terms (collectively, the “Service”), which are made available by Elite Guard Storage Solutions (“Elite Guard Storage Solutions”, “we”, “our” or “us”). By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy.
By accessing or using our Service in any way you are agreeing to comply with these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). These Terms do not alter in any way the Additional Terms you may have or will have with Elite Guard Storage Solutions, including the Rental Agreement for your storage unit or any other website terms and conditions with an Elite Guard Storage Solutions affiliate. To the extent that there is any conflict between these Terms and any Additional Terms or other 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 Additional Terms or agreements will govern.
The business realities associated with operating the Service 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 Service available to you.
Elite Guard Storage Solutions and its affiliates provide the Service 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.
We try to describe every item, product or service offered on this Service accurately. However, we are human, and therefore we do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product, or service, Elite Guard Storage Solutions shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply.
The purchase of products and services on the Service is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. ELITE GUARD STORAGE SOLUTIONS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.
2. Content, Ownership, Limited License, and Rights of Others
A. Content. The Service contains a variety of: (i) materials and other items relating to Elite Guard Storage Solutions, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Elite Guard Storage Solutions, including, without limitation, Elite Guard Storage Solutions® (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing including Trademarks, collectively, “Content”).
B. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Elite Guard Storage Solutions, our licensors, and/or certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Elite Guard Storage Solutions or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Elite Guard Storage Solutions owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. The Content may not be copied or used, in whole, partial, or modified form, without the prior written permission of Elite Guard Storage Solutions or, if applicable, its licensor or affiliate. You may not use any meta tags or any other "hidden text" utilizing an Elite Guard Storage Solutions name, trademark, or product name without Elite Guard Storage Solutions’ express written consent.
C. Limited License to Content. Subject to your strict compliance with these Terms and any Additional Terms, Elite Guard Storage Solutions grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Elite Guard Storage Solutions’ sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
D. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Elite Guard Storage Solutions or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
E. Rights of Others. When using the Service, you must respect the intellectual property and other rights of Elite Guard Storage Solutions and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 9 below.
F. Availability of Service and Content. Elite Guard Storage Solutions may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Elite Guard Storage Solutions’ sole discretion, and without advance notice or liability.
G. Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Elite Guard Storage Solutions and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
3. Links
A. Links to Other Sites. Our Service may link to sites not maintained or related to Elite Guard Storage Solutions. We provide these links as a service to our users. We do not sponsor or endorse these other sites. We are not responsible for the content of any other sites. You may access those other sites through the links at your own risk. These Terms and our Privacy Policy do not apply to other sites. Please review the terms and conditions and privacy policy for any other site that you may visit through a link on our Service. Such other sites may have Terms and/or privacy policies that differ from that of Elite Guard Storage Solutions, and the other sites may provide less security than our Service. Elite Guard Storage Solutions disclaims all liability in connection therewith.
B. Links by You to the Service. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Elite Guard Storage Solutions or cause any other confusion, and (c) the links and the content on your website do not portray Elite Guard Storage Solutions or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Elite Guard Storage Solutions. Elite Guard Storage Solutions reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
C. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via linked services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Elite Guard Storage Solutions disclaims all liability in connection therewith.
4. Privacy Policy
Elite Guard Storage Solutions respects the privacy of its users. Please read our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with our Service. Elite Guard Storage Solutions’ 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 Service you consent to the collection and use of this information as set forth in our Privacy Policy.
5. Authority to Use Service
By using our Service, you represent that you are at least thirteen (13) years old. Persons who are at least thirteen (13) years of age but under the age of eighteen (18) may only use our Service with legal parental or guardian consent. Accordingly, you agree that you are at the age of majority in your state/jurisdiction of residence (which is eighteen (18) in most states) 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 Service.
Our Service is intended for use by our customers in the United States. Our Service 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 contained on the Service and the Terms, policies, and descriptions that appear on the Service are subject to change. You accept sole responsibility for your use of the Service. Your use of the Service is limited to the intended functions of the Service. Unauthorized use of the Service, services, or systems, including, but not limited to, unauthorized entry into Elite Guard Storage Solutions’ systems or misuse of any information posted on the Service, is strictly prohibited. You may not use the Service 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 Elite Guard Storage Solutions in a manner that is not authorized by Elite Guard Storage Solutions;
(d) uses or launches any automated system, including, without limitation, "robots," "spiders," or "offline readers," to access content or systems of Elite Guard Storage Solutions;
(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 Elite Guard Storage Solutions’ 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 Elite Guard Storage Solutions policies;
(i) attempts to damage, disable, overburden, or impair Elite Guard Storage Solutions’ 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 Elite Guard Storage Solutions;
(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 Service;
(l) interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Elite Guard Storage Solutions, or other users of the Service;
(m) interferes with or circumvents any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, 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 Service, including email addresses, without the express consent of Elite Guard Storage Solutions and such users);
(o) fails to comply with these Terms, any Additional Terms or applicable third-party terms; or
(p) is otherwise objectionable as determined in Elite Guard StorageSolutions’ sole discretion.
6. Updates to the Terms
These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
7. Registration, Password and Security
Whenever you provide us information on our Service, 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, Elite Guard Storage Solutions may without notice suspend or terminate your access to our Service and refuse any and all current or future use of our Service (or any portion thereof). In order to access or use some (or potentially all) of the features on the Service, you may be required to first register for a user account through our registration process that we make available through the Service (and purchase a subscription as described in Section 3 above). The Service’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy . If any portion of our Service 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 other reason in our sole discretion; (ii) 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; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) 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; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights. Without limiting any rights which Elite Guard Storage Solutions may otherwise have, Elite Guard Storage Solutions reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Service 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, Elite Guard Storage Solutions may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Elite Guard Storage Solutions be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Elite Guard Storage Solutions 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 Service is invulnerable to all security breaches, and that Elite Guard Storage Solutions 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. Telephonic Communications and Agreement to be Contacted
You acknowledge that telephone calls to or from Elite Guard Storage Solutions may be monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to Elite Guard Storage Solutions, 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 on the Site.
You agree to indemnify, defend, and hold Elite Guard Storage Solutions 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 Elite Guard Storage Solutions, 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 Elite Guard Storage Solutions. You also agree that Elite Guard Storage Solutions 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 Elite Guard Storage Solutions 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 Elite Guard Storage Solutions 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 the Site. 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.
As permitted by applicable law, when you communicate with us electronically, such as via email or texting, please be aware that message and data rates may apply. Carriers are not liable for delayed or undelivered messages. You consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Elite Guard Storage Solutions may send newsletters and updates about our services and promotions. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy: Privacy Policy
9. Copyright Complaints
A. DMCA Notice. Elite Guard Storage Solutions will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
(iv) your full name, address, telephone number and email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
Elite Guard Storage Solutions will only respond to DMCA Notices that it receives by mail, email or facsimile at the addresses below:
Elite Guard Storage Solutions
PO Box 3101
Fredericksburg, TX 78624
E-mail: manager@eliteguardstorage.com
It is often difficult to determine if your copyright has been infringed. Elite Guard Storage Solutions may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Elite Guard Storage Solutions may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Elite Guard Storage Solutions’ other rights, Elite Guard Storage Solutions may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Elite Guard Storage Solutions.
B. Counter-Notification. If access on the Service to a work that you submitted to Elite Guard Storage Solutions is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, e-mail address, and the username of your account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
10. Submissions to Elite Guard Storage Solutions
A. User Submissions
(i) General. Elite Guard Storage Solutions may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) reviews, messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, sounds, music, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User Submissions”). Elite Guard Storage Solutions may allow you to do this through forums, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Submissions and you remain ultimately responsible for it.
(ii) Non-Confidentiality of Your User Submissions. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that: (a) your User Submissions will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Elite Guard Storage Solutions does not assume any obligation of any kind to you or any third party with respect to your User Submissions. Upon Elite Guard Storage Solutions’ request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Submissions may not be secure, and you will consider this before submitting any User Submissions and do so at your own risk. In your communications with Elite Guard Storage Solutions, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User Submissions and licensed to us as set forth below. In addition, Elite Guard Storage Solutions retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Elite Guard Storage Solutions’ receipt of your Unsolicited Ideas and Materials is not an admission by Elite Guard Storage Solutions of their novelty, priority, or originality, and it does not impair Elite Guard Storage Solutions’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(iii) License to Elite Guard Storage Solutions of Your User Submissions. Except as otherwise described in any applicable Additional Terms, you grant to Elite Guard Storage Solutions the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Elite Guard Storage Solutions to your User Submissions, you also hereby grant to Elite Guard Storage Solutions, and agree to grant to Elite Guard Storage Solutions, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Submissions, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 10(A)(iii).
(iv) Exclusive Right to Manage Our Service. Elite Guard Storage Solutions may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Submissions, and Elite Guard Storage Solutions may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Submissions without notice or any liability to you or any third party in connection with our operation of User Submissions venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 10(B)). Such User Submissions submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Submissions on the Service or elsewhere.
(v) Representations and Warranties Related to Your User Submissions. Each time you submit any User Submissions, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Submissions you submit, and that, as to that User Submissions: (a) you are the sole author and owner of the intellectual property and other rights to the User Submissions, or you have a lawful right to submit the User Submissio
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