Terms Of Use

Life Storage Online Bill Pay Service Agreement

The terms and conditions contained in this Online Bill Pay Service Agreement (this "Agreement") govern your use of the Life Storage Online Bill Pay Service (the "Bill Pay Service"). You may print this document for your files or you can request a copy by mail by calling Customer Service at (866) 861-2805.

In order to complete your enrollment in the Bill Pay Service you must affirmatively agree to all of the terms and conditions contained in this Agreement by checking the "I have reviewed and agree to the Online Bill Pay Service Agreement" box before completing your payment.

By enrolling in the Bill Pay Service, you represent and warrant that:

  1. You are at least 18 years of age;
  2. You are using your actual identity and all the information you provide is accurate and complete in all respects;
  3. You are legally authorized to make Payments (as defined below) using your Payment Account (as defined below);
  4. You have read and agreed to our Privacy Policy, located at https://www.lifestorage.com/; and
  5. Your use of the Bill Pay Service will not violate any local, state, national or international laws or regulations.
  1. Definitions
    • As used in this Agreement, the following terms shall have the following meanings:

      • "Bill Pay Service" means the online bill payment service made available to you by Life Storage, through which you will be able to make Payments to Life Storage.
      • "Business Day" means Monday - Friday, excluding Federal Reserve Bank holidays.
      • "Cutoff Time" means 4:00 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions on that particular Business Day.
      • "Invoice" or "Invoices" means any, and all, of your Life Storage bill statements.
      • "Payment" means any bill payment to be made to Life Storage.
      • "Payment Account" means the financial institution account linked to your credit card or the financial institution account (such as a checking or savings account) from which your Payments will be made.
      • "Payment Instructions" means the method of payment information (such as credit card or debit card number, expiration date, dollar amount of payment, bank account number or American Bankers Association (ABA) routing number) entered in the Bill Pay Service to authorize a Payment.
      • "Life Storage" means Life Storage, Inc., d/b/a Life Storage Self Storage. Life Storage may also be referred to in these Terms & Conditions as "we", "us", or "our".
  2. Bill Pay Service
    1. By enrolling in the Bill Pay Service, you authorize Life Storage and its agents to follow the Payment Instructions you have provided to us. You will provide us with information required to make a Payment. When you initiate a Payment, you authorize the financial institution linked to your Payment Account to remit funds to us in an amount specified by you in your Payment Instructions and you acknowledge your obligation to pay such amount to us pursuant to the self-storage rental agreement between you and us.
    2. When initiating or authorizing a Payment through the Bill Pay Service, you authorize Life Storage to process such Payment in accordance with your Payment Instructions. Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Bill Pay Service on the next Business Day.
    3. While it is anticipated that most Payments will be processed and completed within two (2) Business Days after the Business Day on which you initiate your Payment, you understand that due to circumstances beyond our control, some Payments may take longer to be posted. We recommend that you make Payments on a Business Day which is at least five (5) Business Days before the actual due date of the Payments. You agree that we are not responsible for any Payment that is received or posted by us after the applicable grace period or that results in a late charge or penalty being assessed by us if you did not follow this recommendation. In such event, you agree that you shall have the sole risk of incurring and the sole responsibility for paying any and all late charges or penalties assessed by us.
    4. Your Life Storage account balance will be credited to reflect the amount of any Payment authorized by you through the Bill Pay Service after Life Storage has initiated the processing of such Payment. Such credit is provisional and is subject to Life Storage final receipt of good funds. Your Life Storage account balance will generally be updated to reflect this credit within two (2) Business Days of the date on which Life Storage initiates the processing of your Payment. Life Storage will reverse any such credit to your Life Storage account and may assess any applicable fees or charges, including late fees or fees for non-sufficient funds, if your Payment is returned for non-sufficient funds or otherwise cannot be processed or is later charged back or reversed.
    5. You agree that any Payment Account or credit card that you include in any Payment Instructions will be an account, debit card or credit card, as applicable, that you are legally authorized to use to make Payments.
  3. Authorized Use
    1. The Bill Pay Service may not be used for any illegal activity or purpose, including unauthorized payments, fraud or identity theft.
    2. As a condition of your use of the Bill Pay Service, you agree that you will not use the Bill Pay Service for any purpose that is not authorized by this Agreement. You may not interfere with any party's use of the Bill Pay Service. You may not attempt to gain unauthorized access to the Bill Pay Service through any means.
  4. Password and Security
    • You agree that you are solely responsible for protecting the confidentiality of your login ID/user name, password, and any other security measures made available, recommended or required by Life Storage in connection with your use of the Bill Pay Service. You will choose a user name and we will assign you a password which allows you to access your billing information, which may include credit or debit card numbers and/or checking or other financial institution account numbers. For your protection, you should memorize your password and not keep any notation of your password on or with your computer. The password assures that only you, or someone to whom you give your password, can access your Life Storage account information. You agree not to give your login ID/user name or password to anyone you do not authorize to use the Bill Pay Service on your behalf. If you do, you will be responsible for any Payments or other misuse of this information, made when such person uses your password. You are responsible for ensuring that you have logged out of the secure Bill Pay Service when your session is complete to prevent unauthorized persons from accessing that information. If you become aware of or suspect any unauthorized use of your password, you agree to immediately contact us by calling Life Storage at (866) 861-2805 or notifying us online at https://www.lifestorage.com/.

  5. Privacy
    • Life Storage is committed to protecting your privacy. Your personal information provided to Life Storage in connection with the Bill Pay Service will be used only in relation to Life Storage provision of the Bill Pay Service and for internal purposes. Information provided by you to Life Storage in connection with the Bill Pay Service will not be intentionally disclosed to any third party that is not affiliated with Life Storage, except as follows: (a) when it is necessary for completing the transactions you have authorized, including to the credit or debit card issuer or financial institution that you have authorized for payment; (b) when it is necessary to activate or terminate services provided by a third party; (c) when it is necessary to verify the existence and/or condition of your account to a third party such as a credit bureau; (d) when it is permitted or required by applicable law, including but not limited to compliance with a governmental request or court order; and (e) when it is otherwise authorized by you. Notwithstanding the foregoing, all information gathered from you in connection with the Bill Pay Service will be governed by the specific provisions of Life Storage privacy policy at https://www.lifestorage.com/privacy-policy/, which policy is incorporated herein by reference. By enrolling in the Bill Pay Service, you agree to the terms of the Life Storage privacy policy.

  6. Charges
    • Life Storage will not charge you to use the Bill Pay Service. You are responsible for all fees associated with your Payment Account used to make Payments. You are responsible for any telephone or internet service fees incurred by you in connection with your use of the Bill Pay Service.

  7. Change in Terms and Conditions
    • This Agreement is the legal binding agreement between Life Storage and you with respect to the Bill Pay Service. Life Storage reserves the right to revise or modify this Agreement at any time. Each time you use the Bill Pay Service, you are agreeing to the current provisions of this Agreement. Your use of the Bill Pay Service after any changes to this Agreement will constitute your agreement to such change(s).

  8. Changes in Contact or Payment Information; E-Mail Communications
    1. You are solely responsible for ensuring that the contact information in your customer profile (including your e-mail address) and your Payment Account or credit card information is current and accurate at all times. Life Storage is not responsible for your failure to receive any notices or information, or any other problem, that results from your failure to keep such contact and/or payment information current and accurate. You can update this information with the Bill Pay Service online or by calling Life Storage.
    2. You expressly give your affirmative consent to Life Storage e-mailing you, at any e-mail address that you provide to Life Storage, any notice required under your Rental Agreement pursuant to State laws, and/or for any purpose including the marketing of Life Storage current and future services. You may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing Life Storage.
  9. Proprietary Rights
    • Other than your account information, all content included or available on Life Storage website, such as advertisements, text, graphics, logos, icons, images, video and audio clips and software is the property of Life Storage and/or third parties and is protected by the laws of copyright, trademark, or by other intellectual and/or proprietary rights. The collection, arrangement and selection of all content on Life Storage website is the exclusive property of Life Storage and/or its licensors or licensees and is protected by copyright or other intellectual property rights. Similarly, the trademarks, logos and service marks displayed on Life Storage website are the registered and unregistered trademarks of Life Storage or of third parties. Under no circumstances may you use, copy, alter, modify or change these marks without our express written consent. Nothing contained on Life Storage website should be construed as granting, by implication or otherwise, any license or right to use any mark without the express written consent of Life Storage or of the third party that has rights to such mark(s).

  10. Termination
    • This Agreement, as it may be amended from time to time, shall be in effect at all times while you are using the Bill Pay Service. Either you or Life Storage may terminate this Agreement and your use of Bill Pay Service at any time. However, all applicable provisions of this Agreement, such as provisions relating to your obligation to provide truthful information, your use of intellectual property, limitations of liability and other applicable provisions shall survive termination by either party.

  11. Disclaimer of Warranties; Limitation on Liability
    • THE BILL PAY SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND LIFE STORAGE MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE BILL PAY SERVICE (INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS OF THE BILL PAY SERVICE) OR RELATING TO ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES ACCESSED OR OBTAINED THROUGH THE BILL PAY SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS AND TITLES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE BILL PAY SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE BILL PAY SERVICE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE BILL PAY SERVICE, AND TO CREDIT YOUR ACCOUNT FOR ANY INCORRECT CHARGES BILLED TO YOU THROUGH OUR ERROR.

      YOU UNDERSTAND THAT IN NO EVENT WILL LIFE STORAGE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, EMPLOYEES, CONSULTANTS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT (OTHER THAN REFUNDS OR CREDITS), CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, LIFE STORAGE PROVISION OF THE BILL PAY SERVICE, THE INABILITY TO USE THE BILL PAY SERVICE OR RESULTING FROM ANY OTHER SERVICES OR MERCHANDISE PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE BILL PAY SERVICE, EVEN IF LIFE STORAGE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF LIFE STORAGE AND ANY THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

  12. Indemnification
    • You agree to indemnify, defend, and hold Life Storage and its affiliates, officers, directors, shareholders, parents, subsidiaries, employees, consultants, agents, third party service providers, licensors and licensees harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to reasonable attorneys' fees and disbursements) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other material submitted by you to Life Storage; (b) any fraud, manipulation or other breach of this Agreement by you; (c) any third party claim, action or allegation brought against Life Storage arising out of or relating to a dispute with you relating to your purchase, sale or use of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use of the Bill Pay Service or the use of your account information by any third party who obtained access to that information through no fault of ours. Life Storage reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Life Storage in asserting any available defenses. You will not settle any action or claims on Life Storage behalf without the prior written consent of Life Storage.

  13. Arbitration
    • Any past, present, or future controversy or claim arising out of or related to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules, including, if applicable, the supplementary procedures for the resolution of consumer related disputes. All arbitration proceedings shall be conducted in a location in Buffalo, New York. Consolidated or class action arbitrations shall not be permitted. Injunctive relief may be sought solely in an appropriate court of law and the arbitrator of any dispute or claim brought under or in connection with this Agreement shall not have the power to award injunctive relief. The arbitratability of disputes shall be determined by the arbitrator. Judgment upon an award may be entered in any court having competent jurisdiction. If any portion of this section is held to be unenforceable, the remainder shall continue to be enforceable.

  14. Miscellaneous
    1. Governing Law. This Agreement will be construed and interpreted in accordance with the federal laws of the United States of America and the applicable laws of the State of New York, without reference to its conflict of laws rules.
    2. Severability. If any portion of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.
    3. Headings. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.
    4. Waiver. Life Storage failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    5. Assignment. Life Storage may assign any or all of the Bill Pay Service, including this Agreement, in whole or in part, and may delegate to third parties some or all of its rights and responsibilities in connection with the Bill Pay Service; however, you may not assign or transfer your right to use the Bill Pay Service or this Agreement without the written consent of Life Storage.
    6. Conflict. Should there be any conflict between this Agreement and any other document incorporated herein by reference, this Agreement shall control.
    7. Further Assurances. You agree to execute all such other instruments and take all such actions as we or your financial institution may reasonably request in order that you may make Payments to us via the Bill Pay Service.

BY CHECKING THE "I HAVE REVIEWED AND AGREE TO THE ONLINE BILL PAY SERVICE AGREEMENT" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS, AND ANY FUTURE AMENDEMENTS WHICH MAY BE MADE FROM TIME TO TIME.

Doc # 01-2285659.2


Life Storage Self Storage Payment Reminder Service Agreement

The terms and conditions contained in this Payment Reminder Service Agreement (this 'Agreement') govern your use of the Life Storage Payment Reminder Service (the 'Payment Reminder Service'). You may print this document for your files or you can request a copy by mail by calling Customer Service at (866) 861-2805.

In order to complete your enrollment in the Payment Reminder Service you must affirmatively agree to all of the terms and conditions contained in this Agreement by clicking the 'I Agree' icon below.

By enrolling in the Payment Reminder Service, you represent and warrant that:

  1. You are at least 18 years of age;
  2. You are using your actual identity and all the information you provide is accurate and complete in all respects;
  3. You have read and agreed to our Privacy Policy, located at https://www.lifestorage.com/; and
  4. Your use of the Payment Reminder Service will not violate any local, state, national or international laws or regulations.
  1. Definitions
    • As used in this Agreement, the following terms shall have the following meanings:

      • "Payment" means any bill payment to be made to Life Storage.
      • "Payment Reminder" means the reminder that a Payment on your Life Storage account is coming due.
      • "Life Storage" means Life Storage, Inc., d/b/a Life Storage Self Storage. Life Storage may also be referred to in these Terms & Conditions as "we", "us", or "our".
  2. Payment Reminder Service
    • By enrolling in the Payment Reminder Service, you affirmatively authorize Life Storage to send you e mail messages to the email address that you provide, that a Payment Reminder is available for you to review by activating the Payment Reminder as prompted in the e mail message.

  3. Authorized Use
    1. The Payment Reminder Service may not be used for any illegal activity or purpose.
    2. As a condition of your use of the Payment Reminder Service, you agree that you will not use the Payment Reminder Service for any purpose that is not authorized by this Agreement.
  4. Privacy
    • Life Storage is committed to protecting your privacy. Your personal information provided to Life Storage in connection with the Payment Reminder Service will be used only in relation to Life Storage provision of the Payment Reminder Service and for internal purposes. Information provided by you to Life Storage in connection with the Payment Reminder Service will not be intentionally disclosed to any third party that is not affiliated with Life Storage, except as follows: (a) when it is necessary for completing the transactions you have authorized; (b) when it is necessary to activate or terminate services provided by a third party; (c) when it is permitted or required by applicable law, including but not limited to compliance with a governmental request or court order; and (d) when it is otherwise authorized by you. Notwithstanding the foregoing, all information gathered from you in connection with the Payment Reminder Service will be governed by the specific provisions of Life Storage privacy policy at https://www.lifestorage.com/privacy-policy/, which policy is incorporated herein by reference. By enrolling in the Payment Reminder Service, you agree to the terms of the Life Storage privacy policy.

  5. Charges
    • Life Storage will not charge you to use the Payment Reminder Service. You are responsible for any telephone or internet service fees incurred by you in connection with your use of the Payment Reminder Service.

  6. Change in Terms and Conditions
    • This Agreement is the legal binding agreement between Life Storage and you with respect to the Payment Reminder Service. Life Storage reserves the right to revise or modify this Agreement at any time. Each time you use the Payment Reminder Service by activating the Payment Reminder you are agreeing to the current provisions of this Agreement. Your use of the Payment Reminder Service after any changes to this Agreement will constitute your agreement to such change(s).

  7. Changes in Contact or Payment Information; E-Mail Communications
    1. You are solely responsible for ensuring that the contact information in your customer profile, including your e-mail address, is current and accurate at all times. Life Storage is not responsible for your failure to receive any notices or information, or any other problem, that results from your failure to keep such contact information current and accurate. You can update this information with the Payment Reminder Service online or by calling Life Storage.
    2. You expressly give your affirmative consent to Life Storage e-mailing you, at any e-mail address that you provide to Life Storage, any notice required under your Rental Agreement pursuant to State laws, and/or for any purpose including the marketing of Life Storage current and future services. You may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing Life Storage.
    3. The Payment Reminder Service is provided to you as complimentary service on Life Storage behalf. It is your responsibility to make timely Payments to Life Storage when such Payments are due and Life Storage is not responsible for late Payments due to e-mail delivery failure or any other circumstance resulting in your failure to receive a Payment Reminder.
  8. Proprietary Rights
    • Other than your account information, all content included or available on Life Storage website, such as advertisements, text, graphics, logos, icons, images, video and audio clips and software is the property of Life Storage and/or third parties and is protected by the laws of copyright, trademark, or by other intellectual and/or proprietary rights. The collection, arrangement and selection of all content on Life Storage website is the exclusive property of Life Storage and/or its licensors or licensees and is protected by copyright or other intellectual property rights. Similarly, the trademarks, logos and service marks displayed on Life Storage website are the registered and unregistered trademarks of Life Storage or of third parties. Under no circumstances may you use, copy, alter, modify or change these marks without our express written consent. Nothing contained on Life Storage website should be construed as granting, by implication or otherwise, any license or right to use any mark without the express written consent of Life Storage or of the third party that has rights to such mark(s).

  9. Termination
    • This Agreement, as it may be amended from time to time, shall be in effect at all times while you are using the Payment Reminder Service. Either you or Life Storage may terminate this Agreement and your use of the Payment Reminder Service at any time. However, all applicable provisions of this Agreement, such as provisions relating to your obligation to provide truthful information, your use of intellectual property, limitations of liability and other applicable provisions shall survive termination by either party.

  10. Disclaimer of Warranties; Limitation on Liability
    • THE PAYMENT REMINDER SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND LIFE STORAGE MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE PAYMENT REMINDER SERVICE (INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS OF THE PAYMENT REMINDER SERVICE) OR RELATING TO ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES ACCESSED OR OBTAINED THROUGH THE PAYMENT REMINDER SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS AND TITLES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE PAYMENT REMINDER SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE PAYMENT REMINDER SERVICE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE PAYMENT REMINDER SERVICE, AND TO CREDIT YOUR ACCOUNT FOR ANY INCORRECT CHARGES BILLED TO YOU THROUGH OUR ERROR.

      YOU UNDERSTAND THAT IN NO EVENT WILL LIFE STORAGE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, EMPLOYEES, CONSULTANTS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT (OTHER THAN REFUNDS OR CREDITS), CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, LIFE STORAGE PROVISION OF THE PAYMENT REMINDER SERVICE, THE INABILITY TO USE THE PAYMENT REMINDER SERVICE OR RESULTING FROM ANY OTHER SERVICES OR MERCHANDISE PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PAYMENT REMINDER SERVICE, EVEN IF LIFE STORAGE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF LIFE STORAGE AND ANY THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

  11. Indemnification
    • You agree to indemnify, defend, and hold Life Storage and its affiliates, officers, directors, shareholders, parents, subsidiaries, employees, consultants, agents, third party service providers, licensors and licensees harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to reasonable attorneys' fees and disbursements) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other material submitted by you to Life Storage; (b) any fraud, manipulation or other breach of this Agreement by you; (c) any third party claim, action or allegation brought against Life Storage arising out of or relating to a dispute with you relating to your purchase, sale or use of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use of the Payment Reminder Service or the use of your account information by any third party who obtained access to that information through no fault of ours. Life Storage reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Life Storage in asserting any available defenses. You will not settle any action or claims on Life Storage behalf without the prior written consent of Life Storage.

  12. Arbitration
    • Any past, present, or future controversy or claim arising out of or related to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules, including, if applicable, the supplementary procedures for the resolution of consumer related disputes. All arbitration proceedings shall be conducted in a location in Buffalo, New York. Consolidated or class action arbitrations shall not be permitted. Injunctive relief may be sought solely in an appropriate court of law and the arbitrator of any dispute or claim brought under or in connection with this Agreement shall not have the power to award injunctive relief. The arbitratability of disputes shall be determined by the arbitrator. Judgment upon an award may be entered in any court having competent jurisdiction. If any portion of this section is held to be unenforceable, the remainder shall continue to be enforceable.

  13. Miscellaneous
    1. Governing Law. This Agreement will be construed and interpreted in accordance with the federal laws of the United States of America and the applicable laws of the State of New York, without reference to its conflict of laws rules.
    2. Severability. If any portion of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.
    3. Headings. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.
    4. Waiver. Life Storage failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    5. Assignment. Life Storage may assign any or all of the Auto Pay Service, including this Agreement, in whole or in part, and may delegate to third parties some or all of its rights and responsibilities in connection with the Auto Pay Service; however, you may not assign or transfer your right to use the Auto Pay Service or this Agreement without the written consent of Life Storage.
    6. Conflict. Should there be any conflict between this Agreement and any other document incorporated herein by reference, this Agreement shall control.
    7. Further Assurances. You agree to execute all such other instruments and take all such actions as we or your financial institution may reasonably request in order that you may make Payments to us via the Auto Pay Service.

BY CHECKING THE "I HAVE REVIEWED AND AGREE TO THE ELECTRONIC AUTO PAY SERVICE AGREEMENT" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS, AND ANY FUTURE AMENDEMENTS WHICH MAY BE MADE FROM TIME TO TIME.

Doc # 01-2286165.2


Life Storage Self Storage Business Invoice Service Agreement

The terms and conditions contained in this Business Invoice Service Agreement (this "Agreement") govern your use of the Life Storage Business Invoice Service (the "Business Invoice Service"). You may print this document for your files or you can request a copy by mail by calling Customer Service at (866) 861-2805.

In order to complete your enrollment in the Business Invoice Service you must affirmatively agree to all of the terms and conditions contained in this Agreement by checking the "I HAVE REVIEWED AND AGREE TO THE BUSINESS INVOICE SERVICE AGREEMENT" box prior to completing your enrollment.

By enrolling in the Business Invoice Service, you represent and warrant that:

  1. You are at least 18 years of age;
  2. You are using your actual identity and all the information you provide is accurate and complete in all respects;
  3. You have read and agreed to our Privacy Policy, located at https://www.lifestorage.com/; and
  4. Your use of the Business Invoice Service will not violate any local, state, national or international laws or regulations.
  1. Definitions
    • As used in this Agreement, the following terms shall have the following meanings:

      • "Invoice" or "Invoices" means any, and all, of your Life Storage bill statements.
      • "Payment" means any bill payment to be made to Life Storage.
      • "Life Storage" means Life Storage, Inc., d/b/a Life Storage Self Storage. Life Storage may also be referred to in these Terms & Conditions as "we", "us", or "our".
  2. Business Invoice Service
    1. By enrolling in the Business Invoice Service you affirmatively authorize Life Storage to send you your Invoices electronically to the email address that you provide.
    2. By enrolling in the Business Invoice Service you will not receive hardcopies of your Invoices, unless you request in person at the applicable Life Storage location to continue to receive such hardcopies for an additional charge.
  3. Authorized Use
    1. The Business Invoice Service may not be used for any illegal activity or purpose.
    2. As a condition of your use of the Business Invoice Service, you agree that you will not use the Business Invoice Service for any purpose that is not authorized by this Agreement.
  4. Privacy
    • Life Storage is committed to protecting your privacy. Your personal information provided to Life Storage in connection with the Business Invoice Service will be used only in relation to Life Storage provision of the Business Invoice Service and for internal purposes. Information provided by you to Life Storage in connection with the Business Invoice Service will not be intentionally disclosed to any third party that is not affiliated with Life Storage, except as follows: (a) when it is necessary for completing the transactions you have authorized; (b) when it is necessary to activate or terminate services provided by a third party; (c) when it is permitted or required by applicable law, including but not limited to compliance with a governmental request or court order; and (d) when it is otherwise authorized by you. Notwithstanding the foregoing, all information gathered from you in connection with the Business Invoice Service will be governed by the specific provisions of Life Storage privacy policy at https://www.lifestorage.com/privacy-policy/, which policy is incorporated herein by reference. By enrolling in the Business Invoice Service, you agree to the terms of the Life Storage privacy policy.

  5. Charges
    • Life Storage will not charge you to use the Business Invoice Service. You are responsible for any telephone or internet service fees incurred by you in connection with your use of the Business Invoice Service.

  6. Change in Terms and Conditions
    • This Agreement is the legal binding agreement between Life Storage and you with respect to the Business Invoice Service. Life Storage reserves the right to revise or modify this Agreement at any time. Your use of the Business Invoice Service after any changes to this Agreement have been made will constitute your agreement to such change(s).

  7. Changes in Contact or Payment Information; E-Mail Communications
    1. You are solely responsible for ensuring that the contact information in your customer profile, including your e-mail address, is current and accurate at all times. Life Storage is not responsible for your failure to receive any Invoices, notices or information, or any other problem, that results from your failure to keep such contact information current and accurate. You can update this information with the Business Invoice Service online or by calling Life Storage.
    2. You expressly give your affirmative consent to Life Storage e-mailing you, at any e-mail address that you provide to Life Storage, any notice required under your Rental Agreement pursuant to State laws, and/or for any purpose including the marketing of Life Storage current and future services. You may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing Life Storage.
    3. The Business Invoice Service is provided to you as a complimentary service on Life Storage behalf. It is your responsibility to make timely Payments to Life Storage when such Payments are due and Life Storage is not responsible for late payments due to e-mail delivery failure or any other circumstance resulting in your failure to receive your Invoices.
  8. Proprietary Rights
    • Other than your account information, all content included or available on Life Storage website, such as advertisements, text, graphics, logos, icons, images, video and audio clips and software is the property of Life Storage and/or third parties and is protected by the laws of copyright, trademark, or by other intellectual and/or proprietary rights. The collection, arrangement and selection of all content on Life Storage website is the exclusive property of Life Storage and/or its licensors or licensees and is protected by copyright or other intellectual property rights. Similarly, the trademarks, logos and service marks displayed on Life Storage website are the registered and unregistered trademarks of Life Storage or of third parties. Under no circumstances may you use, copy, alter, modify or change these marks without our express written consent. Nothing contained on Life Storage website should be construed as granting, by implication or otherwise, any license or right to use any mark without the express written consent of Life Storage or of the third party that has rights to such mark(s).

  9. Termination
    • This Agreement, as it may be amended from time to time, shall be in effect at all times while you are using the Business Invoice Service. Either you or Life Storage may terminate this Agreement and your use of the Business Invoice Service at any time. However, all applicable provisions of this Agreement, such as provisions relating to your obligation to provide truthful information, your use of intellectual property, limitations of liability and other applicable provisions shall survive termination by either party.

  10. Disclaimer of Warranties; Limitation on Liability
    • THE BUSINESS INVOICE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND LIFE STORAGE MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE BUSINESS INVOICE SERVICE (INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS OF THE BUSINESS INVOICE SERVICE) OR RELATING TO ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES ACCESSED OR OBTAINED THROUGH THE BUSINESS INVOICE SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS AND TITLES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE BUSINESS INVOICE SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE BUSINESS INVOICE SERVICE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE BUSINESS INVOICE SERVICE, AND TO CREDIT YOUR ACCOUNT FOR ANY INCORRECT CHARGES BILLED TO YOU THROUGH OUR ERROR.

      YOU UNDERSTAND THAT IN NO EVENT WILL LIFE STORAGE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, EMPLOYEES, CONSULTANTS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT (OTHER THAN REFUNDS OR CREDITS), CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, LIFE STORAGE PROVISION OF THE BUSINESS INVOICE SERVICE OR RESULTING FROM ANY OTHER SERVICES OR MERCHANDISE PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE BUSINESS INVOICE SERVICE, EVEN IF LIFE STORAGE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF LIFE STORAGE AND ANY THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

  11. Indemnification
    • You agree to indemnify, defend, and hold Life Storage and its affiliates, officers, directors, shareholders, parents, subsidiaries, employees, consultants, agents, third party service providers, licensors and licensees harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to reasonable attorneys' fees and disbursements) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other material submitted by you to Life Storage; (b) any fraud, manipulation or other breach of this Agreement by you; (c) any third party claim, action or allegation brought against Life Storage arising out of or relating to a dispute with you relating to your purchase, sale or use of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use of the Business Invoice Service or the use of your account information by any third party who obtained access to that information through no fault of ours. Life Storage reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Life Storage in asserting any available defenses. You will not settle any action or claims on Life Storage behalf without the prior written consent of Life Storage.

  12. Arbitration
    • Any past, present, or future controversy or claim arising out of or related to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules, including, if applicable, the supplementary procedures for the resolution of consumer related disputes. All arbitration proceedings shall be conducted in a location in Buffalo, New York. Consolidated or class action arbitrations shall not be permitted. Injunctive relief may be sought solely in an appropriate court of law and the arbitrator of any dispute or claim brought under or in connection with this Agreement shall not have the power to award injunctive relief. The arbitratability of disputes shall be determined by the arbitrator. Judgment upon an award may be entered in any court having competent jurisdiction. If any portion of this section is held to be unenforceable, the remainder shall continue to be enforceable.

  13. Miscellaneous
    1. Governing Law. This Agreement will be construed and interpreted in accordance with the federal laws of the United States of America and the applicable laws of the State of New York, without reference to its conflict of laws rules.
    2. Severability. If any portion of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.
    3. Headings. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.
    4. Waiver. Life Storage failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    5. Assignment. Life Storage may assign any or all of the Business Invoice Service, including this Agreement, in whole or in part, and may delegate to third parties some or all of its rights and responsibilities in connection with the Business Invoice Service; however, you may not assign or transfer your right to use the Business Invoice Service or this Agreement without the written consent of Life Storage.
    6. Conflict. Should there be any conflict between this Agreement and any other document incorporated herein by reference, this Agreement shall control.
    7. Further Assurances. You agree to execute all such other instruments and take all such actions as we or your financial institution may reasonably request in order that you may make Payments to us via the Auto Pay Service.

BY CHECKING THE "I HAVE REVIEWED AND AGREE TO THE BUSINESS INVOICE SERVICE AGREEMENT" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS, AND ANY FUTURE AMENDEMENTS WHICH MAY BE MADE FROM TIME TO TIME.

Doc # 01-2286209.3


Life Storage Self Storage Electronic Automatic Payment Service Agreement

The terms and conditions contained in this Electronic Automatic Payment Service Agreement (this "Agreement") govern your use of the Life Storage Automatic Payment Service (the "Auto Pay Service"). You may print this document for your files or you can request a copy by mail by calling Customer Service at (866) 861-2805.

In order to complete your enrollment in the Auto Pay Service you must affirmatively agree to all of the terms and conditions contained in this Agreement by checking the "I have reviewed and agree to the Electronic Automatic Payment Service Agreement" box before completing your payment.

By enrolling in the Auto Pay Service, you represent and warrant that:

  1. You are at least 18 years of age;
  2. You are using your actual identity and all the information you provide is accurate and complete in all respects;
  3. You are legally authorized to make Payments (as defined below) using your Payment Account (as defined below);
  4. You have read and agreed to our Privacy Policy, located at https://www.lifestorage.com/; and
  5. Your use of the Auto Pay Service will not violate any local, state, national or international laws or regulations.
  1. Definitions
    • As used in this Agreement, the following terms shall have the following meanings:

      • "Auto Pay Service" means the automatic payment service made available to you by Life Storage, through which you will be able to make Payments to Life Storage.
      • "Business Day" means Monday - Friday, excluding Federal Reserve Bank holidays.
      • "Cutoff Time" means 4:00 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions on that particular Business Day.
      • "Invoice" or "Invoices" means any, and all, of your Life Storage bill statements.
      • "Payment" means any bill payment to be made to Life Storage.
      • "Payment Account" means the financial institution account linked to your credit card or the financial institution account (such as a checking or savings account) from which your Payments will be made.
      • "Payment Instructions" means the method of payment information (such as credit card or debit card number, expiration date, dollar amount of payment, bank account number or American Bankers Association (ABA) routing number) entered in the Auto Pay Service to authorize a Payment.
      • "Life Storage" means Life Storage, Limited Partnership (d/b/a Life Storage) and its affiliates. Life Storage may also be referred to in these Terms & Conditions as 'we', 'us', or 'our'.
  2. Auto Pay Service
    1. By enrolling in the Auto Pay Service, you authorize Life Storage and its agents to charge your Payment Account the monthly rental payment and other applicable fees using the Payment Instructions you have provided to us. You will provide us with information required to make a Payment. When you initiate a Payment, you authorize the financial institution linked to your Payment Account to remit funds to us in the amount owed to Life Storage at the time of Payment and you acknowledge your obligation to pay such amount to us pursuant to the self-storage rental agreement between you and us.
    2. When initiating or authorizing a Payment through the Auto Pay Service, you authorize Life Storage to process such Payment in accordance with your Payment Instructions every month until cancelled by either party. Either party my cancel this authorization at any time. The authorization shall cover any rental increases agreed to by both parties. This authorization will include previously accrued late charges.
    3. While it is anticipated that most Payments will be processed and completed within five (5) Business Days after the 1st of the month, you understand that due to circumstances beyond our control, some Payments may take longer to be posted. You agree that if the Payment Instructions are submitted within this time frame, no Payment by these means will be applied until the next calendar month. In this instance, other Payment arrangements must be made in accordance to the rental agreement.
    4. Your Life Storage account balance will be credited to reflect the amount of any Payment authorized by you through the Auto Pay Service after Life Storage has initiated the processing of such Payment. Such credit is provisional and is subject to Life Storage final receipt of good funds. Your Life Storage account balance will generally be updated to reflect this credit within two (2) Business Days of the date on which Life Storage initiates the processing of your Payment. Life Storage will reverse any such credit to your Life Storage account and may assess any applicable fees or charges, including late fees or fees for non-sufficient funds, if your Payment is returned for non-sufficient funds or otherwise cannot be processed or is later charged back or reversed.
    5. You agree than any Payment Account or credit card that you include in any Payment Instructions will be an account, debit card or credit card, as applicable, that you are legally authorized to use to make Payments.
  3. Authorized Use
    1. The Auto Pay Service may not be used for any illegal activity or purpose, including unauthorized payments, fraud or identity theft.
    2. As a condition of your use of the Auto Pay Service, you agree that you will not use the Auto Pay Service for any purpose that is not authorized by this Agreement. You may not interfere with any party's use of the Auto Pay Service. You may not attempt to gain unauthorized access to the Auto Pay Service through any means.
  4. Password and Security
    • You agree that you are solely responsible for protecting the confidentiality of your login ID/user name, password, and any other security measures made available, recommended or required by Life Storage in connection with your use of the Auto Pay Service. You will choose a user name and we will assign you a password which allows you to access your billing information, which may include credit or debit card numbers and/or checking or other financial institution account numbers. For your protection, you should memorize your password and not keep any notation of your password on or with your computer. The password assures that only you, or someone to whom you give your password, can access your Life Storage account information. You agree not to give your login ID/user name or password to anyone you do not authorize to use the Auto Pay Service on your behalf. If you do, you will be responsible for any Payments or other misuse of this information, made when such person uses your password. You are responsible for ensuring that you have logged out of the secure Auto Pay Service when your session is complete to prevent unauthorized persons from accessing that information. If you become aware of or suspect any unauthorized use of your password, you agree to immediately contact us by calling Life Storage at (866) 861-2805 or notifying us online at https://www.lifestorage.com/.

  5. Privacy
    • Life Storage is committed to protecting your privacy. Your personal information provided to Life Storage in connection with the Auto Pay Service will be used only in relation to Life Storage provision of the Auto Pay Service and for internal purposes. Information provided by you to Life Storage in connection with the Auto Pay Service will not be intentionally disclosed to any third party that is not affiliated with Life Storage, except as follows: (a) when it is necessary for completing the transactions you have authorized, including to the credit or debit card issuer or financial institution that you have authorized for payment; (b) when it is necessary to activate or terminate services provided by a third party; (c) when it is necessary to verify the existence and/or condition of your account to a third party such as a credit bureau; (d) when it is permitted or required by applicable law, including but not limited to compliance with a governmental request or court order; and (e) when it is otherwise authorized by you. Notwithstanding the foregoing, all information gathered from you in connection with the Auto Pay Service will be governed by the specific provisions of Life Storage privacy policy at https://www.lifestorage.com/privacy-policy/, which policy is incorporated herein by reference. By enrolling in the Auto Pay Service, you agree to the terms of the Life Storage privacy policy.

  6. Charges
    • Life Storage will not charge you to use the Auto Pay Service. You are responsible for all fees associated with your Payment Account used to make Payments. You are responsible for any telephone or internet service fees incurred by you in connection with your use of the Auto Pay Service.

  7. Change in Terms and Conditions
    • This Agreement is the legal binding agreement between Life Storage and you with respect to the Auto Pay Service. Life Storage reserves the right to revise or modify this Agreement at any time. Each time you use the Auto Pay Service, you are agreeing to the current provisions of this Agreement. Your use of the Auto Pay Service after any changes to this Agreement will constitute your agreement to such change(s). Failure to respond to update requests will invalidate the Auto Pay Service after thirty (30) days.

  8. Changes in Contact or Payment Information; E-Mail Communications
    1. You are solely responsible for ensuring that the contact information in your customer profile (including your e-mail address) and your Payment Account or credit card information is current and accurate at all times. Life Storage is not responsible for your failure to receive any notices or information, or any other problem, that results from your failure to keep such contact and/or payment information current and accurate. You can update this information with the Auto Pay Service online or by calling Life Storage at (866) 861-2805.
    2. You expressly give your affirmative consent to Life Storage e-mailing you, at any e-mail address that you provide to Life Storage, any notice required under your Rental Agreement pursuant to State laws, and/or for any purpose including the marketing of Life Storage current and future services. You may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing Life Storage at 6467 Main St, Williamsville, NY 14221.
  9. Proprietary Rights
    • Other than your account information, all content included or available on Life Storage website, such as advertisements, text, graphics, logos, icons, images, video and audio clips and software is the property of Life Storage and/or third parties and is protected by the laws of copyright, trademark, or by other intellectual and/or proprietary rights. The collection, arrangement and selection of all content on Life Storage website is the exclusive property of Life Storage and/or its licensors or licensees and is protected by copyright or other intellectual property rights. Similarly, the trademarks, logos and service marks displayed on Life Storage website are the registered and unregistered trademarks of Life Storage or of third parties. Under no circumstances may you use, copy, alter, modify or change these marks without our express written consent. Nothing contained on Life Storage website should be construed as granting, by implication or otherwise, any license or right to use any mark without the express written consent of Life Storage or of the third party that has rights to such mark(s).

  10. Termination
    • This Agreement, as it may be amended from time to time, shall be in effect at all times while you are using the Auto Pay Service. Either you or Life Storage may terminate this Agreement and your use of Auto Pay Service at any time. However, all applicable provisions of this Agreement, such as provisions relating to your obligation to provide truthful information, your use of intellectual property, limitations of liability and other applicable provisions shall survive termination by either party.

  11. Disclaimer of Warranties; Limitation on Liability
    • THE AUTO PAY SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND LIFE STORAGE MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE AUTO PAY SERVICE (INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS OF THE AUTO PAY SERVICE) OR RELATING TO ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES ACCESSED OR OBTAINED THROUGH THE AUTO PAY SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS AND TITLES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE AUTO PAY SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE AUTO PAY SERVICE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE AUTO PAY SERVICE, AND TO CREDIT YOUR ACCOUNT FOR ANY INCORRECT CHARGES BILLED TO YOU THROUGH OUR ERROR.

      YOU UNDERSTAND THAT IN NO EVENT WILL LIFE STORAGE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, EMPLOYEES, CONSULTANTS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT (OTHER THAN REFUNDS OR CREDITS), CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, LIFE STORAGE PROVISION OF THE AUTO PAY SERVICE, THE INABILITY TO USE THE AUTO PAY SERVICE OR RESULTING FROM ANY OTHER SERVICES OR MERCHANDISE PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE AUTO PAY SERVICE, EVEN IF LIFE STORAGE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF LIFE STORAGE AND ANY THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

  12. Indemnification
    • You agree to indemnify, defend, and hold Life Storage and its affiliates, officers, directors, shareholders, parents, subsidiaries, employees, consultants, agents, third party service providers, licensors and licensees harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to reasonable attorneys' fees and disbursements) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other material submitted by you to Life Storage; (b) any fraud, manipulation or other breach of this Agreement by you; (c) any third party claim, action or allegation brought against Life Storage arising out of or relating to a dispute with you relating to your purchase, sale or use of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use of the Auto Pay Service or the use of your account information by any third party who obtained access to that information through no fault of ours. Life Storage reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Life Storage in asserting any available defenses. You will not settle any action or claims on Life Storage behalf without the prior written consent of Life Storage.

  13. Arbitration
    • Any past, present, or future controversy or claim arising out of or related to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules, including, if applicable, the supplementary procedures for the resolution of consumer related disputes. All arbitration proceedings shall be conducted in a location in Buffalo, New York. Consolidated or class action arbitrations shall not be permitted. Injunctive relief may be sought solely in an appropriate court of law and the arbitrator of any dispute or claim brought under or in connection with this Agreement shall not have the power to award injunctive relief. The arbitratability of disputes shall be determined by the arbitrator. Judgment upon an award may be entered in any court having competent jurisdiction. If any portion of this section is held to be unenforceable, the remainder shall continue to be enforceable.

  14. Miscellaneous
    1. Governing Law. This Agreement will be construed and interpreted in accordance with the federal laws of the United States of America and the applicable laws of the State of New York, without reference to its conflict of laws rules.
    2. Severability. If any portion of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.
    3. Headings. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.
    4. Waiver. Life Storage failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    5. Assignment. Life Storage may assign any or all of the Auto Pay Service, including this Agreement, in whole or in part, and may delegate to third parties some or all of its rights and responsibilities in connection with the Auto Pay Service; however, you may not assign or transfer your right to use the Auto Pay Service or this Agreement without the written consent of Life Storage.
    6. Conflict. Should there be any conflict between this Agreement and any other document incorporated herein by reference, this Agreement shall control.
    7. Further Assurances. You agree to execute all such other instruments and take all such actions as we or your financial institution may reasonably request in order that you may make Payments to us via the Auto Pay Service.

BY CHECKING THE "I HAVE REVIEWED AND AGREE TO THE ELECTRONIC AUTO PAY SERVICE AGREEMENT" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS, AND ANY FUTURE AMENDEMENTS WHICH MAY BE MADE FROM TIME TO TIME.


Life Storage Self Storage Electronic Automatic Payment Service Agreement

The terms and conditions contained in this Electronic Automatic Payment Service Agreement (this "Agreement") govern your use of the Life Storage Automatic Payment Service (the "Auto Pay Service"). You may print this document for your files or you can request a copy by mail by calling Customer Service at (866) 861-2805.

In order to complete your enrollment in the Auto Pay Service you must affirmatively agree to all of the terms and conditions contained in this Agreement by checking the "I have reviewed and agree to the Electronic Automatic Payment Service Agreement" box before completing your payment.

By enrolling in the Auto Pay Service, you represent and warrant that:

  1. You are at least 18 years of age;
  2. You are using your actual identity and all the information you provide is accurate and complete in all respects;
  3. You are legally authorized to make Payments (as defined below) using your Payment Account (as defined below);
  4. You have read and agreed to our Privacy Policy, located at https://www.lifestorage.com/; and
  5. Your use of the Auto Pay Service will not violate any local, state, national or international laws or regulations.
  1. Definitions
    • As used in this Agreement, the following terms shall have the following meanings:

      • "Auto Pay Service" means the automatic payment service made available to you by Life Storage, through which you will be able to make Payments to Life Storage.
      • "Business Day" means Monday - Friday, excluding Federal Reserve Bank holidays.
      • "Cutoff Time" means 4:00 p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions on that particular Business Day.
      • "Invoice" or "Invoices" means any, and all, of your Life Storage bill statements.
      • "Payment" means any bill payment to be made to Life Storage.
      • "Payment Account" means the financial institution account linked to your credit card or the financial institution account (such as a checking or savings account) from which your Payments will be made.
      • "Payment Instructions" means the method of payment information (such as credit card or debit card number, expiration date, dollar amount of payment, bank account number or American Bankers Association (ABA) routing number) entered in the Auto Pay Service to authorize a Payment.
      • "Life Storage" means Life Storage, Limited Partnership (d/b/a Life Storage) and its affiliates. Life Storage may also be referred to in these Terms & Conditions as 'we', 'us', or 'our'.
  2. Auto Pay Service
    1. This authorization is governed by the self-storage rental agreement between the customer and Life Storage (the "Rental Agreement"), which is hereby incorporated by reference. In the event of a conflict between this authorization and the Rental Agreement, this authorization shall control.
    2. This authorization will remain in effect until cancelled by either party. Either party may cancel this authorization by giving written notice at least three (3) business days prior to the next payment due date. Any termination of this authorization will not relieve the customer of the customer's obligation to make the required payments. This authorization shall cover any rental increases agreed to by both parties. The customer understands that the amounts debited may vary due to late charges assessed, delinquent amounts due, and/or any other amounts required or agreed to under the terms of the Rental Agreement. This authorization includes, and the customer authorizes Life Storage to debit the customer's bank account for, previously accrued late charges, late charges assessed, delinquent amounts due, and/or any other amounts required or agreed to under the terms of the Rental Agreement. Customer authorizes Life Storage to initiate adjustments for any transactions credited or debited in error.
    3. It is the customer's responsibility to verify that the bank named participates in and processes ACH transactions; otherwise the customer will be responsible for any late fees accrued. The customer authorizes Life Storage to debit the customer's bank account to collect such fees, as set forth in the Rental Agreement. If the customer's bank account does not have sufficient funds, Life Storage may, but is under no obligation to, continue to attempt to deduct payments until successful. The customer acknowledges and agrees that the customer is responsible for overdraft, insufficient funds, and other service charges that the customer's bank may impose in connection with the customer's account. If the date of Life Storage's debit of customer's bank account falls on a weekend, holiday or other date when payments are not processed, the customer's account may be debited on the next business day.
    4. Failure to respond to update requests will invalidate this agreement after thirty (30) days.
    5. We will only disclose information to third parties about your account or the transfers you make: (i) when it is necessary to complete transfers; (ii) to verify the existence and condition of your account for a third party; (iii) to comply with government agency or court orders; or (iv) if you give us written permission. Monthly receipts will be available at our office to be picked up by the customer or kept on file with the rental agreement.
  3. Authorized Use
    1. The Auto Pay Service may not be used for any illegal activity or purpose, including unauthorized payments, fraud or identity theft.
    2. As a condition of your use of the Auto Pay Service, you agree that you will not use the Auto Pay Service for any purpose that is not authorized by this Agreement. You may not interfere with any party's use of the Auto Pay Service. You may not attempt to gain unauthorized access to the Auto Pay Service through any means.
  4. Password and Security
    • You agree that you are solely responsible for protecting the confidentiality of your login ID/user name, password, and any other security measures made available, recommended or required by Life Storage in connection with your use of the Auto Pay Service. You will choose a user name and we will assign you a password which allows you to access your billing information, which may include credit or debit card numbers and/or checking or other financial institution account numbers. For your protection, you should memorize your password and not keep any notation of your password on or with your computer. The password assures that only you, or someone to whom you give your password, can access your Life Storage account information. You agree not to give your login ID/user name or password to anyone you do not authorize to use the Auto Pay Service on your behalf. If you do, you will be responsible for any Payments or other misuse of this information, made when such person uses your password. You are responsible for ensuring that you have logged out of the secure Auto Pay Service when your session is complete to prevent unauthorized persons from accessing that information. If you become aware of or suspect any unauthorized use of your password, you agree to immediately contact us by calling Life Storage at (866) 861-2805 or notifying us online at https://www.lifestorage.com/.

  5. Privacy
    • Life Storage is committed to protecting your privacy. Your personal information provided to Life Storage in connection with the Auto Pay Service will be used only in relation to Life Storage provision of the Auto Pay Service and for internal purposes. Information provided by you to Life Storage in connection with the Auto Pay Service will not be intentionally disclosed to any third party that is not affiliated with Life Storage, except as follows: (a) when it is necessary for completing the transactions you have authorized, including to the credit or debit card issuer or financial institution that you have authorized for payment; (b) when it is necessary to activate or terminate services provided by a third party; (c) when it is necessary to verify the existence and/or condition of your account to a third party such as a credit bureau; (d) when it is permitted or required by applicable law, including but not limited to compliance with a governmental request or court order; and (e) when it is otherwise authorized by you. Notwithstanding the foregoing, all information gathered from you in connection with the Auto Pay Service will be governed by the specific provisions of Life Storage privacy policy at https://www.lifestorage.com/privacy-policy/, which policy is incorporated herein by reference. By enrolling in the Auto Pay Service, you agree to the terms of the Life Storage privacy policy.

  6. Charges
    • Life Storage will not charge you to use the Auto Pay Service. You are responsible for all fees associated with your Payment Account used to make Payments. You are responsible for any telephone or internet service fees incurred by you in connection with your use of the Auto Pay Service.

  7. Change in Terms and Conditions
    • This Agreement is the legal binding agreement between Life Storage and you with respect to the Auto Pay Service. Life Storage reserves the right to revise or modify this Agreement at any time. Each time you use the Auto Pay Service, you are agreeing to the current provisions of this Agreement. Your use of the Auto Pay Service after any changes to this Agreement will constitute your agreement to such change(s). Failure to respond to update requests will invalidate the Auto Pay Service after thirty (30) days.

  8. Changes in Contact or Payment Information; E-Mail Communications
    1. You are solely responsible for ensuring that the contact information in your customer profile (including your e-mail address) and your Payment Account or credit card information is current and accurate at all times. Life Storage is not responsible for your failure to receive any notices or information, or any other problem, that results from your failure to keep such contact and/or payment information current and accurate. You can update this information with the Auto Pay Service online or by calling Life Storage at (866) 861-2805.
    2. You expressly give your affirmative consent to Life Storage e-mailing you, at any e-mail address that you provide to Life Storage, any notice required under your Rental Agreement pursuant to State laws, and/or for any purpose including the marketing of Life Storage current and future services. You may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing Life Storage at 6467 Main St, Williamsville, NY 14221.
  9. Proprietary Rights
    • Other than your account information, all content included or available on Life Storage website, such as advertisements, text, graphics, logos, icons, images, video and audio clips and software is the property of Life Storage and/or third parties and is protected by the laws of copyright, trademark, or by other intellectual and/or proprietary rights. The collection, arrangement and selection of all content on Life Storage website is the exclusive property of Life Storage and/or its licensors or licensees and is protected by copyright or other intellectual property rights. Similarly, the trademarks, logos and service marks displayed on Life Storage website are the registered and unregistered trademarks of Life Storage or of third parties. Under no circumstances may you use, copy, alter, modify or change these marks without our express written consent. Nothing contained on Life Storage website should be construed as granting, by implication or otherwise, any license or right to use any mark without the express written consent of Life Storage or of the third party that has rights to such mark(s).

  10. Termination
    • This Agreement, as it may be amended from time to time, shall be in effect at all times while you are using the Auto Pay Service. Either you or Life Storage may terminate this Agreement and your use of Auto Pay Service at any time. However, all applicable provisions of this Agreement, such as provisions relating to your obligation to provide truthful information, your use of intellectual property, limitations of liability and other applicable provisions shall survive termination by either party.

  11. Disclaimer of Warranties; Limitation on Liability
    • THE AUTO PAY SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND LIFE STORAGE MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE AUTO PAY SERVICE (INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS OF THE AUTO PAY SERVICE) OR RELATING TO ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES ACCESSED OR OBTAINED THROUGH THE AUTO PAY SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS AND TITLES, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE AUTO PAY SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE AUTO PAY SERVICE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE AUTO PAY SERVICE, AND TO CREDIT YOUR ACCOUNT FOR ANY INCORRECT CHARGES BILLED TO YOU THROUGH OUR ERROR.

      YOU UNDERSTAND THAT IN NO EVENT WILL LIFE STORAGE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, EMPLOYEES, CONSULTANTS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT (OTHER THAN REFUNDS OR CREDITS), CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, LIFE STORAGE PROVISION OF THE AUTO PAY SERVICE, THE INABILITY TO USE THE AUTO PAY SERVICE OR RESULTING FROM ANY OTHER SERVICES OR MERCHANDISE PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE AUTO PAY SERVICE, EVEN IF LIFE STORAGE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF LIFE STORAGE AND ANY THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

  12. Indemnification
    • You agree to indemnify, defend, and hold Life Storage and its affiliates, officers, directors, shareholders, parents, subsidiaries, employees, consultants, agents, third party service providers, licensors and licensees harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to reasonable attorneys' fees and disbursements) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other material submitted by you to Life Storage; (b) any fraud, manipulation or other breach of this Agreement by you; (c) any third party claim, action or allegation brought against Life Storage arising out of or relating to a dispute with you relating to your purchase, sale or use of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use of the Auto Pay Service or the use of your account information by any third party who obtained access to that information through no fault of ours. Life Storage reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Life Storage in asserting any available defenses. You will not settle any action or claims on Life Storage behalf without the prior written consent of Life Storage.

  13. Arbitration
    • Any past, present, or future controversy or claim arising out of or related to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its commercial arbitration rules, including, if applicable, the supplementary procedures for the resolution of consumer related disputes. All arbitration proceedings shall be conducted in a location in Buffalo, New York. Consolidated or class action arbitrations shall not be permitted. Injunctive relief may be sought solely in an appropriate court of law and the arbitrator of any dispute or claim brought under or in connection with this Agreement shall not have the power to award injunctive relief. The arbitratability of disputes shall be determined by the arbitrator. Judgment upon an award may be entered in any court having competent jurisdiction. If any portion of this section is held to be unenforceable, the remainder shall continue to be enforceable.

  14. Miscellaneous
    1. Governing Law. This Agreement will be construed and interpreted in accordance with the federal laws of the United States of America and the applicable laws of the State of New York, without reference to its conflict of laws rules.
    2. Severability. If any portion of this Agreement is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.
    3. Headings. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.
    4. Waiver. Life Storage failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    5. Assignment. Life Storage may assign any or all of the Auto Pay Service, including this Agreement, in whole or in part, and may delegate to third parties some or all of its rights and responsibilities in connection with the Auto Pay Service; however, you may not assign or transfer your right to use the Auto Pay Service or this Agreement without the written consent of Life Storage.
    6. Conflict. Should there be any conflict between this Agreement and any other document incorporated herein by reference, this Agreement shall control.
    7. Further Assurances. You agree to execute all such other instruments and take all such actions as we or your financial institution may reasonably request in order that you may make Payments to us via the Auto Pay Service.

BY CHECKING THE "I HAVE REVIEWED AND AGREE TO THE ELECTRONIC AUTO PAY SERVICE AGREEMENT" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS, AND ANY FUTURE AMENDEMENTS WHICH MAY BE MADE FROM TIME TO TIME.

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