TERMS AND CONDITIONS - STORAGE OUTLET

1. ACCEPTANCE OF TERMS

Welcome to Storage Outlet. These Terms and Conditions ("Terms") govern your use of our storage facilities, website, and services, including our SMS/text messaging notification service.

By renting a storage unit, using our website, or opting in to receive text messages, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Storage Outlet ("we," "us," or "our").


2. STORAGE RENTAL TERMS

2.1 Rental Agreement

When you rent a storage unit, you enter into a separate Rental Agreement that specifies:

  • Unit number and size
  • Monthly rental rate
  • Payment due date
  • Access hours and procedures
  • Facility rules and regulations

These Terms supplement your Rental Agreement. In case of conflict, the Rental Agreement controls.

2.2 Payment Terms

  • Monthly Rent: Rent is due on the date specified in your Rental Agreement
  • Late Fees: Late fees may apply if rent is not received by the due date
  • Payment Methods: We accept credit cards, debit cards, ACH transfers, and other payment methods as specified
  • Auto-Payment: You may enroll in auto-payment for automatic monthly charges

2.3 Access and Security

  • You will receive an access code for facility entry
  • Access codes are confidential and should not be shared
  • You are responsible for all activity using your access code
  • Facility access hours are specified in your Rental Agreement
  • We use surveillance cameras for security purposes

2.4 Prohibited Items

You may not store:

  • Hazardous materials or flammable substances
  • Perishable goods or food items
  • Living animals or plants
  • Illegal items or contraband
  • Items that produce odors or attract pests
  • Weapons or ammunition (unless permitted by law and facility policy)

2.5 Termination

  • You may terminate your rental with proper notice as specified in your Rental Agreement
  • We may terminate your rental for non-payment, violation of terms, or other reasons specified in your Rental Agreement
  • Upon termination, you must remove all belongings and return access devices

3. SMS/TEXT MESSAGING SERVICE TERMS

3.1 Service Description

Storage Outlet offers an SMS/text messaging notification service to help customers manage their storage rental accounts. By opting in, you consent to receive automated text messages regarding your account.

Types of Messages You May Receive:

  • Welcome and Confirmation Messages: Confirming your opt-in to the service
  • Move-In Notifications: Unit number, access codes, and move-in instructions
  • Payment Confirmations: Receipts for successful payments
  • Payment Reminders: Notifications of upcoming or past-due payments
  • Auto-Payment Notices: Confirmations of auto-payment enrollment and charges
  • Account Updates: Changes to your rental status, unit, or account information
  • Lease Notifications: Alerts when lease documents are ready to sign or renew
  • Access Code Updates: New or changed facility access codes
  • Emergency Alerts: Urgent facility notifications or security alerts
  • Customer Service Messages: Responses to your inquiries sent via text

All messages are transactional in nature and directly related to your active storage rental account. We do not send marketing or promotional text messages unless you separately opt in to marketing communications.

3.2 Consent to Receive Text Messages

How You Provide Consent:

You may provide consent to receive text messages through one or more of the following methods:

  1. Website Opt-In: During online reservation or account creation, you may check a box stating: "I agree to receive text messages from [Property Name] regarding my storage rental account, including move-in instructions, payment notifications, access codes, and account updates. Message and data rates may apply. Text STOP to opt out. Text HELP for help."
  2. In-Person Opt-In: When renting at a facility location, you may verbally consent to receive text messages by providing your mobile phone number for SMS notifications.
  3. Confirmation Opt-In (Double Opt-In): After providing your phone number through either method above, you will receive a welcome message asking you to reply YES to confirm you want to receive notifications. This provides a second layer of consent verification.

Express Written Consent: By checking the opt-in box, providing your phone number, or replying YES to our confirmation message, you provide your express written consent under the Telephone Consumer Protection Act (TCPA) to receive automated text messages from Storage Outlet.

Consent is Voluntary: Your consent to receive text messages is NOT required as a condition of renting a storage unit or using our services. You may decline to provide your mobile phone number or opt in to text messages and still rent from us. However, opting in may help you stay informed about your account and avoid missed payments or access issues.

3.3 Message Frequency

Message frequency varies based on your account activity and rental status.

Typical Frequency:

  • Light Activity: 2-5 messages per month (e.g., monthly payment confirmation, occasional updates)
  • Moderate Activity: 5-10 messages per month (e.g., payment reminders, access code changes, account updates)
  • High Activity: 10+ messages per month (e.g., during move-in, payment issues, frequent account changes)

Frequency depends on factors including:

  • Your payment schedule and payment method
  • Whether you're enrolled in auto-payment
  • Account changes, lease renewals, or unit transfers
  • Past-due balances requiring reminders
  • Facility updates or emergency notifications

3.4 Message and Data Rates

Standard message and data rates may apply. Storage Outlet does not charge you for text messages, but your mobile carrier may charge you according to your text messaging plan.

Important Information:

  • Check with your mobile carrier for pricing details on your specific plan
  • Text messages count against your plan's messaging allowance (if applicable)
  • Data charges may apply if messages contain links or multimedia content
  • Charges vary by carrier and plan type
  • Storage Outlet is not responsible for any charges incurred from your mobile carrier

International Messages: If you are located outside the United States or using an international carrier, additional international messaging rates may apply.

3.5 Supported Carriers and Compatibility

Our text messaging service is available on most major U.S. mobile carriers, including but not limited to:

  • AT&T
  • Verizon Wireless
  • T-Mobile
  • Sprint (now part of T-Mobile)
  • US Cellular
  • Cricket Wireless
  • Metro by T-Mobile
  • Boost Mobile
  • Virgin Mobile
  • Google Fi
  • Other major carriers

Compatibility: Not all carriers or mobile devices may be compatible with our service. Please check with your carrier to confirm your device can receive automated text messages.

International Carriers: The service is primarily designed for U.S. carriers. International carrier compatibility may be limited.

3.6 How to Opt Out

You may opt out of text messages at any time using any of the following methods:

Text Message Opt-Out: Reply with any of the following keywords to any message:

  • STOP
  • UNSUBSCRIBE
  • CANCEL
  • END
  • QUIT
  • OPTOUT
  • REVOKE
  • STOPALL

Other Opt-Out Methods:

  • Call us at (909) 999-1456 and request to be removed
  • Email hummingbirdstorage@gmail.com with your opt-out request
  • Update your communication preferences in your online account settings
  • Visit any facility location and request to opt out in person

What Happens After Opt-Out:

  • You will receive one final confirmation message acknowledging your opt-out
  • You will not receive any further text messages from us (except as required by law)
  • Your storage rental agreement and services will not be affected
  • You may opt back in at any time by replying START or re-consenting through our website

Important: Opting out of text messages does not affect other forms of communication such as email, phone calls, or postal mail.

3.7 Help and Customer Support

For help with text messages:

  • Text HELP: Reply HELP to any text message to receive automated help information
  • Text INFO: Reply INFO for additional information about the service
  • Call Us: (909) 999-1456 during business hours
  • Email Us: hummingbirdstorage@gmail.com
  • Visit Us: Any Storage Outlet facility location

Customer Service Hours: [Your business hours]

Help Message Response: When you text HELP, you will receive a message similar to: "Storage Outlet: Reply STOP to unsubscribe, HELP for help. Msg & data rates may apply. Support: (909) 999-1456"

3.8 Message Delivery and Reliability

No Guarantee of Delivery: While we make reasonable efforts to deliver all messages promptly and reliably, we cannot guarantee delivery of text messages due to factors outside our control, including:

  • Mobile carrier network outages or delays
  • Phone being turned off, out of range, or out of service
  • Phone number changes or porting to a different carrier
  • Full inbox or messaging restrictions on your device
  • Carrier filtering or blocking of automated messages
  • Technical issues with our messaging service provider
  • Natural disasters or other force majeure events

Customer Responsibility: You are responsible for:

  • Keeping your phone number current in your account
  • Ensuring your phone is on and able to receive messages
  • Notifying us promptly if you change your phone number
  • Checking your account through other means if you don't receive expected messages

No Liability for Delays: Storage Outlet and our messaging service providers are not liable for:

  • Delayed or undelivered messages
  • Messages received out of order
  • Duplicate messages
  • Any damages arising from delivery failures

Alternative Communication: We recommend also providing an email address and checking your online account regularly for important notifications.

3.9 Privacy and Data Usage

Your Privacy Matters: Our use of your mobile phone number and message data is governed by our Privacy Policy, available at [your privacy policy URL].

Key Privacy Points:

  • We collect your mobile phone number only when you provide consent
  • We use your phone number solely to send you account-related text messages
  • We do not sell or rent your phone number to third parties for their marketing
  • We share your phone number with our SMS service provider (Twilio) only as necessary to deliver messages
  • We retain message logs for compliance and customer service purposes
  • You may request deletion of your phone number from our system by contacting us

For complete details on how we collect, use, and protect your information, please review our Privacy Policy.

3.10 Third-Party Service Provider

We use Twilio as our SMS messaging service provider. When you opt in to receive text messages:

  • Your mobile phone number is transmitted to Twilio's platform
  • Messages are sent through Twilio's infrastructure
  • Message delivery is subject to Twilio's terms and service availability
  • Twilio is contractually required to protect your information and comply with privacy regulations

Twilio's Role: Twilio acts as a service provider on our behalf and does not use your information for its own purposes.

3.11 Changes to the Text Messaging Service

We reserve the right to:

  • Modify the text messaging service at any time
  • Change message frequency, content, or format
  • Add or remove message types
  • Discontinue the service with or without notice
  • Change our SMS service provider

Notification of Changes: If we make material changes to the service, we will notify you by:

  • Sending a text message to opted-in users
  • Posting a notice on our website
  • Updating these Terms with a new "Last Updated" date

Your Options: If you do not agree with changes to the service, you may opt out at any time using the methods described above.

3.12 Prohibited Uses

You agree NOT to:

  • Share your account access or allow others to use your phone number to receive your messages
  • Use the service to harass, threaten, or abuse our staff
  • Send excessive or abusive messages to our customer service numbers
  • Attempt to interfere with or disrupt the messaging service
  • Use automated tools to interact with the service
  • Violate any applicable laws or regulations through your use of the service

Consequences: Violation of these terms may result in:

  • Immediate termination of your text messaging service
  • Suspension or termination of your storage rental agreement
  • Legal action if applicable

3.13 Disclaimer of Warranties

The text messaging service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of uninterrupted or error-free service
  • Warranties regarding accuracy, reliability, or timeliness of messages
  • Warranties that the service will meet your specific needs

Use at Your Own Risk: You acknowledge that you use the text messaging service at your own risk and that Storage Outlet makes no guarantees regarding service quality or availability.

3.14 Limitation of Liability

To the maximum extent permitted by law, Storage Outlet, its affiliates, officers, employees, agents, and service providers shall NOT be liable for any:

  • Direct, indirect, incidental, special, consequential, or punitive damages
  • Lost profits, revenue, or business opportunities
  • Damages arising from delayed, undelivered, or misdirected messages
  • Damages arising from reliance on text messages
  • Damages from service interruptions or errors
  • Damages from unauthorized access to your phone or messages
  • Any damages exceeding the amount you paid for the text messaging service (which is $0)

Examples of No Liability:

  • If you miss a payment because you didn't receive a reminder text
  • If your access code is delivered late and you can't access your unit
  • If a text message is sent to the wrong number
  • If you incur charges from your carrier

Essential Services Clause: Text messages are a convenience feature, not an essential service. You are ultimately responsible for managing your storage rental account regardless of whether you receive text messages.

3.15 Indemnification

You agree to indemnify, defend, and hold harmless Storage Outlet, its affiliates, officers, employees, agents, and service providers from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the text messaging service
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Unauthorized use of your phone number or account
  • Any disputes with your mobile carrier regarding message charges

4. WEBSITE AND ONLINE SERVICES

4.1 Account Creation

You may create an online account to:

  • Make rental reservations
  • View your account information
  • Make payments
  • Update contact preferences
  • Access lease documents
  • Manage text message settings

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activity that occurs under your account
  • Notifying us immediately of any unauthorized access

4.3 Acceptable Use

You agree to use our website only for lawful purposes and in accordance with these Terms. Prohibited activities include:

  • Attempting to gain unauthorized access to our systems
  • Using automated tools to scrape or download content
  • Uploading malicious code or viruses
  • Impersonating others or providing false information

5. INTELLECTUAL PROPERTY

5.1 Ownership

All content on our website and in our communications, including text, graphics, logos, images, and software, is the property of Storage Outlet or our licensors and is protected by copyright and trademark laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes related to your storage rental.

5.3 Restrictions

You may not:

  • Copy, modify, or distribute our content without permission
  • Use our trademarks or branding without authorization
  • Create derivative works based on our content
  • Reverse engineer any software we provide

6. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at [your privacy policy URL].

Key points:

  • We collect information you provide and information from your use of our services
  • We use your information to provide services, process payments, and communicate with you
  • We do not sell your personal information
  • We implement reasonable security measures to protect your data
  • You have rights to access, correct, and delete your information

Please review our Privacy Policy for complete details.


7. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

Storage Outlet shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

  • Your use of our facilities, website, or services
  • Theft, damage, or loss of stored items
  • Facility access issues or equipment failures
  • Website errors, interruptions, or data loss
  • Unauthorized access to your account or information

Maximum Liability: Our total liability to you for any claims shall not exceed the amount of rent you paid in the 12 months preceding the claim.


8. INDEMNIFICATION

You agree to indemnify and hold harmless Storage Outlet from any claims, damages, losses, and expenses (including attorneys' fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Damage you cause to our facilities or property
  • Your stored items or activities related to your rental

9. DISPUTE RESOLUTION

9.1 Governing Law

These Terms are governed by the laws of the State of [Your State], without regard to conflict of law principles.

9.2 Arbitration

Any disputes arising from these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

9.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to bring or participate in class action lawsuits.

9.4 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or other urgent matters.


10. GENERAL PROVISIONS

10.1 Entire Agreement

These Terms, together with your Rental Agreement and Privacy Policy, constitute the entire agreement between you and Storage Outlet.

10.2 Amendments

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via:

  • Email to your account address
  • Text message if you're opted in
  • Notice posted at facility locations

Your continued use of our services after changes constitutes acceptance.

10.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

10.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

10.5 Assignment

You may not assign these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of our business.

10.6 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

10.7 Survival

Provisions that by their nature should survive termination (including indemnification, limitation of liability, and dispute resolution) shall survive.


11. CONTACT INFORMATION

For questions about these Terms or our services:

Storage Outlet / Hummingbird Storage

  • Email: hummingbirdstorage@gmail.com
  • Phone: (909) 999-1456
  • Address: [Your Physical Address]
  • Website: [Your Website URL]
  • Business Hours: [Your Hours]

For Text Message Service Issues:

For Privacy Concerns:

  • Review our Privacy Policy at [privacy policy URL]
  • Contact us using the information above

12. ACKNOWLEDGMENT

BY RENTING A STORAGE UNIT, USING OUR WEBSITE, OR OPTING IN TO RECEIVE TEXT MESSAGES, YOU ACKNOWLEDGE THAT:

✓ You have read and understood these Terms and Conditions

✓ You agree to be bound by these Terms

✓ You consent to receive text messages if you opted in (and understand consent is not required for rental)

✓ You understand message and data rates may apply

✓ You can opt out of text messages at any time by replying STOP

✓ You can access help by replying HELP or calling (909) 999-1456