This website or portion of it pertaining to self-storage (the "Website"), is operated by SpareFoot, Inc., a Delaware Corporation. The Website is provided as part of a free reservation service (including the Website, the "Service") designed to assist users in determining the availability of self-storage units ("Units") and initiating reservations for specific Units or other third-party services available via the Service ("Reservations").
The term "you" refers to the user visiting the Website and/or making Reservations through the Website or via the telephone related features of the Service.
The Services is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website or other elements of the Service, you agree to be bound by the Agreement. We reserve the right to change or otherwise modify the Agreement without prior notice at any time, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Use of the Reservation Service
As a condition of your use of the Reservation Service, you warrant that:
- you will use the Service in accordance with this Agreement;
- you possess the legal authority to create a binding legal obligation;
- you will only use the Service to initiate legitimate Reservations for you or for another person or company for whom you are legally authorized to act;
- all information supplied by you via the Service is true, accurate, current and complete; and
- you are at least 18 years of age.
We retain the right to deny access to the Service and decline Reservations, at any time and for any reason.
Calls May Be Recorded
IF YOU HAVE AGREED THAT WE CAN SEND YOU MESSAGES CONTAINING ADVERTISEMENTS OR OFFERS FOR GOODS AND SERVICES, WE MAY DO SO FROM TIME TO TIME AND MAY SEND SUCH OFFERS BY VOICE OR SMS (OR TEXT) MESSAGE TO THE MOBILE PHONE NUMBER YOU DESIGNATE FOR SUCH PURPOSE. Message and data rates for such SMS messages may apply. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must contact us at email@example.com or write to us at SpareFoot, Inc., Attn: Privacy Dept., 720 Brazos St, Suite 300, Austin, TX 78701.
While you may make copies of your Reservation information, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use the Service (including this Website or its contents) for any commercial purpose other than making Reservations for yourself or on behalf of your company;
- access, monitor or copy any content or information of this Website using automated means or bulk manual processing for any purpose without our express written permission;
- make any speculative, false, or fraudulent Reservation;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that, in our discretion, imposes an unreasonable or disproportionately large load on our infrastructure;
- "frame," "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
SpareFoot's role in the rental of storage spaces is limited to publishing advertising provided by lessors and communicating your requests for reservations to storage operators. SpareFoot is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties. SpareFoot does not purport to broker transactions, even though SpareFoot may be licensed as a real estate broker in one or more states. SpareFoot does not counsel lessors or lessees, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the Service. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between SpareFoot and any lessee of a storage space. SpareFoot makes no representations about properties advertised on this Website, about the lessors of such properties, or about the accuracy of information provided by such lessors. Prospective lessees are advised to perform all due diligence before entering into a contract to rent or lease storage space.
SpareFoot is not involved in any lease transaction pertaining to a Unit, and any such transaction is solely between you and the lessor. SpareFoot has no control over and does not guarantee the quality, safety or legality of spaces advertised, the truth or accuracy of listings, the ability of lessors to lease the storage space, or that a lessor will actually complete a transaction.
In connection with the Service, you may submit reviews of facilities from which you rented Units via the Website, by survey or otherwise. You acknowledge SpareFoot's right to publish any reviews you submit.
SpareFoot only posts reviews submitted by customers who have had a firsthand experience with the facility being reviewed. You may not submit a review if you have a relationship with the facility being reviewed, whether as an owner, manager, employee or competitor. You may not submit a review if you receive compensation or the promise of compensation (such as a discount off the facility's rental fees or a free product) in exchange for the review.
Reviews submitted to SpareFoot and posted on the Website reflect the opinions and beliefs of the individual reviewers and not of SpareFoot or any of its affiliates, officers, directors or employees. SpareFoot does not endorse any of the opinions expressed by reviewers. SpareFoot is not affiliated with any facility listed or reviewed on the Website.
When accessing the Website, you agree not to upload, display, perform, transmit or otherwise distribute any content that
- is libelous, defamatory, obscene, pornographic, abusive or threatening;
- encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or
- advertises or otherwise solicits funds, goods, or services.
SpareFoot will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. SpareFoot reserves the right to remove any content from the site at any time, for any reason.
Links to Third-Party Sites
This Website may contain hyperlinks to websites operated by parties other than SpareFoot. Such hyperlinks are provided for your reference only. In addition, the content and functionality of the Service may be embedded within another website operated by third party. We do not control such websites and are not responsible for their contents or the privacy practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites, or embedding of SpareFoot content within another website, does not imply any endorsement of the material on such websites or any association with their operators. Maps provided on SpareFoot.com that are provided by Google are subject to the Google Maps terms and conditions.
Certain areas of the Website allow individuals to post comment and reviews. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, whether in such comments, reviews, or otherwise please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and primary email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send any notices of suspected copyright infringement issues to firstname.lastname@example.org and reference Copyright in the subject line.
Information We Collect From You
In General, we receive and store any information you provide via our Website, telephone, or give us in any other way. This includes information that can identify you ("personal information"), including but not limited to your first and last name, telephone number, postal address, and email address. You can choose not to provide information to us, but in general some information about you is required in order for you to make reservations or initiate other transactions on our site.
We also record the phone calls made in connection with the Service, including when you call us or when the automated dialing features of the Service call you to try to connect you with the applicable lessor.
We also may periodically obtain both personal and non-personal information about you from affiliated entities, business partners and other independent third-party sources and add it to our account information. Examples of information we may receive include updated postal address information and demographic information.
We automatically collect some information about your computer when you visit this Website. For example, we will collect your IP address, Web browser software details, and the address of any referring website. We may also collect information about your online activity, such as pages viewed and reservations made.
How We Use Your Information
In submitting your email on the website, you agree that SpareFoot located at 720 Brazos St #300, Austin, TX 78701 may use the data you entered to inform you by e-mail about the contents and/or products selected by you. You may revoke your consent at any time with effect for the future, either by written notice or by email to email@example.com. You may also unsubscribe from any marketing email via the link provided at the end of each message. Emails transactional in nature may not have the option of unsubscribing.
How We Share Your Information
We share your information with our partners as they need it to fulfill services you have requested via the Website, and we restrict their use of this information to that purpose. Please note that our partners may contact you as necessary to obtain additional information about you, facilitate any reservations, or respond to a review you may submit.
Third-parties who provide services or functions on our behalf may include business analytics companies, customer service vendors, communications service vendors, credit card processors, marketing vendors, and fraud prevention vendors. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our Website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
We also may share your information:
- In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
- In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, we will attempt to notify you when personal information about you will be shared with third parties.
Personal Information You Post in Public Areas
When you post a message in a SpareFoot forum, chat room, review, or customer feedback, the information you post is accessible to the public. If you post personal information anywhere on the Website that is accessible to the public, you are advised that such personally identifiable information can be read, collected, used or disseminated by others and could be used to send you unsolicited information or otherwise. Accordingly, you assume full responsibility for posting such information and agree that SpareFoot is not responsible in any way for personally identifiable information you choose to post in these public areas.
Disclaimer Regarding International Use
SpareFoot makes no claim that its Website is appropriate or lawful for use or access outside the United States. Furthermore, our databases are located in the United States. If you access the Website from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. By sending us your data, you consent to its transfer to and storage within the United States.
How Can You Access and Update Your Information?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing firstname.lastname@example.org.
Your California Privacy Rights
California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please e-mail us or write to us as described below.
How to Contact Us
You can e-mail us at email@example.com or write to us at SpareFoot, Inc., Attn: Privacy Dept., 720 Brazos St, Suite 300, Austin, TX 78701.
THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability
IN NO EVENT SHALL SPAREFOOT (AND/OR ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER SUCH DAMAGE ARISES, WHETHER IN ACTION OR INACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE OR MATERIALS AVAILABLE FROM THIS WEBSITE, EVEN IF SPAREFOOT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Full-Service Storage Terms of Service
These Full-Service Storage Terms of Service (these "Terms") set forth the legally binding terms by and between SpareFoot Inc., a Delaware corporation ("SpareFoot," "our," "us," or "we") and the customer creating a SpareFoot Full-Service Storage account and accessing or using Full-Service Storage ("Renter" or "you") with respect to your use of and access thereof.
Full-Service Storage; Service Providers
SpareFoot provides a proprietary technology and marketplace service (including a web-based portal, "Full-Service Storage") designed to connect Renters and third-party providers ("Service Providers") of warehousing, storage and transportation services (collectively, "Rental Services"). Full-Service Storage includes provision of technology that enables the processing of payment for the Rental Services on behalf of Renter and Service Providers, but for the avoidance of doubt, Full-Service Storage itself does not include the provision of Rental Services. SpareFoot is not in the business of providing Rental Services and any Rental Services provided to you will be conducted by Service Providers, and not SpareFoot. Further, in providing Full-Service Storage, SpareFoot is acting as a property broker licensed by the U.S. Department of Transportation, and not as a motor carrier or warehouseman in facilitating the Rental Services on your behalf. You may procure Rental Services through Full-Service Storage by placing reservation ("Reservations") with Service Providers who have listed with us. SpareFoot reserves the right to change Service Providers at its discretion, and facilitate the transfer of any stored goods to another Service Provider, in which case SpareFoot will endeavor to timely notify you of such transfer.
Representations About You
You represent and warrant that (a) you are 18 years of age or older, (b) the information that you provide to us about you in connection with Full-Service Storage will be current, true, accurate, supportable and complete, (c) you possess the legal authority to create a binding legal obligation, (d) you will only use Full-Service Storage in compliance with applicable laws and to order Rental Services for yourself or for another person for whom you are legally authorized to act, (e) you will safeguard your SpareFoot Full-Service Storage account information and be completely responsible for any use of your account by anyone other than you, (f) all personal items and other property tendered to a Service Provider for Rental Services shall be properly packed, secured and ready for pickup at your door at the time, if any, communicated to you by a Service Provider, and (g) no hazardous waste, hazardous material, liquids or other fungible goods or the like will be tendered to a Service Provider.
(a) Pricing and Taxes. Service Providers provide SpareFoot with certain rates for Rental Services offered via Full-Service Storage. The price displayed via Full-Service Storage for any Rental Service ("Service Fee") is a combination of such provided rates and certain referral and/or facilitation fees retained by SpareFoot to compensate us for Full-Service Storage. With respect to any Reservation, the "Total Reservation Cost" means the Service Fee, [plus tax recovery charges, service fees,] and where applicable, taxes on Full-Service Storage. The Service Fee will be as quoted via Full-Service Storage, except in cases of obvious error. Service Fees are liable to change at any time, provided, except with respect to pricing errors, such change shall not affect Reservations already accepted by a Service Provider. Despite our good faith and reasonable efforts, some Service Fees may be incorrectly priced. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY SERVICE FEE PRICING ERRORS AND/OR TOTAL RESERVATION COST CALCULATED UNDER AN INCORRECT PRICE. IN THE CASE OF PENDING RESERVATIONS, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATIONS AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. SpareFoot is under no obligation to obtain Rental Services for you at an incorrect price, regardless of you receiving a confirmation of your Reservation.
(b) Payment Processing and Authorization. By placing a Reservation, Renter (i) agrees to pay the Total Reservation Cost for such Reservation in a timely manner, and (ii) authorizes SpareFoot to charge, itself or through Payment Processor, Renter's credit card for the Total Reservation Cost of such Reservation. You shall promptly provide SpareFoot with valid credit card information upon request. Except as expressly set forth herein, all sales are final.
By placing a Reservation, you agree to (a) comply with the reasonable requirements of each Service Provider in connection with the offered Rental Services and (b) be bound by, with no recourse against SpareFoot, any terms and conditions contained in the bill of lading, warehousemen receipt, warehousemen terms and conditions, or other terms and conditions entered into directly between you and a Service Provider. You acknowledge Service Providers may limit their liability for loss or damage to your goods and/or place a lien on such goods, as may be set forth in such bill of lading, receipt or terms and conditions.
Disclaimer of Warranties and Acknowledgements
(a) WITH RESPECT TO FULL-SERVICE STORAGE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, FULL-SERVICE STORAGE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT. WE DO NOT REPRESENT OR WARRANT, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF FULL-SERVICE STORAGE; THAT THE FUNCTIONS CONTAINED IN, OR THE TRANSACTIONS YOU UNDERTAKE VIA, FULL-SERVICE STORAGE WILL MEET YOUR REQUIREMENTS; THAT ANY CONTENT, DATA, INFORMATION OR MATERIALS OF, OR PROVIDED BY, SERVICE PROVIDERS OR OTHER THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE DESCRIPTION OF ANY RENTAL SERVICES, DISPLAYED, INCLUDED, OR OTHERWISE MADE AVAILABLE VIA FULL-SERVICE STORAGE (EITHER DIRECTLY OR THOUGH LINKS TO THIRD-PARTY WEBSITES) IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE; THAT THE OPERATION OF FULL-SERVICE STORAGE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT FULL-SERVICE STORAGE IS AVAILABLE OR PERMITTED IN ANY PARTICULAR LOCATION; OR THAT DEFECTS IN FULL-SERVICE STORAGE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
(b) WITH RESPECT TO THE RENTAL SERVICES AND YOUR PROPERTY, YOU ACKNOWLEDGE AND AGREE THAT SERVICE PROVIDERS OFFERING RENTAL SERVICES VIA FULL-SERVICE STORAGE ARE INDEPENDENT CONTRACTORS, AND NOT AGENTS OR EMPLOYEES OF SPAREFOOT; AND ARE SOLELY RESPONSIBLE FOR ANY AND ALL RENTAL SERVICES PROCURED THROUGH FULL-SERVICE STORAGE AND THE FULFILLMENT OF ANY RESERVATION. YOU ACKNOWLEDGE SPAREFOOT IS NOT LIABLE FOR ANY LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM OR RELATED TO YOUR INTERACTIONS WITH, OR THE ACTS OR OMISSIONS OF, ANY SERVICE PROVIDER AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH LOSSES, COSTS, DAMAGES OR CLAIMS SHALL BE DIRECTLY AGAINST SUCH SERVICE PROVIDER WITH NO RECOURSE AGAINST SPAREFOOT.
Limitation of Liability
IN NO EVENT SHALL SPAREFOOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO FULL-SERVICE STORAGE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SPAREFOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPAREFOOT HAVE AGGREGATE LIABILITY TO YOU FOR DAMAGES ARISING OUT OF, OR RELATING TO, YOUR USE OR ACCESS OF FULL-SERVICE STORAGE IN EXCESS OF THE REFERRAL AND/OR FACILITATION FEES RETAINED BY SPAREFOOT IN CONNECTION WITH SUCH FULL-SERVICE STORAGE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM" THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.
Except (a) as expressly set forth in these Terms, or (b) as prohibited by applicable law, and solely to the extent necessary to comply with such law, you shall not: (i) copy any element of Full-Service Storage, (i) modify, translate, adapt, or otherwise create derivative works or improvements of Full-Service Storage; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any element of Full-Service Storage; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from Full-Service Storage; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Full-Service Storage or any features or functionality thereof to any third party for any reason; (vi) make any speculative, false or fraudulent Reservations; or (vii) otherwise use Full-Service Storage other than for its intended use.
Reservation of Rights; Rights in Certain Content and Trademarks
You acknowledge that all intellectual property and proprietary rights, title and interest in Full-Service Storage belong to us, Service Providers, or our or their licensors. SpareFoot reserves all such rights. Other than the limited right to access and use Full-Service Storage in accordance with these Terms, you do not acquire any right in or to Full-Service Storage, or any element thereof. You acknowledge if you submit comments, suggestions, or other feedback regarding Full-Service Storage SpareFoot will be free to use such comments, suggestions, or other feedback for any purpose without any restriction or obligation to you. "SPAREFOOT" and all associated logos displayed via Full-Service Storage are our trademarks and service marks (unless otherwise noted). SpareFoot may include the names and logos of Service Providers on Full-Service Storage, however, SpareFoot is not affiliated with any Service Provider, and no Service Provider grants you any rights in and to its trademarks and other intellectual property.
We do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges included in any Total Reservation Cost are a recovery of the estimated taxes (e.g. sales and use, storage tax, excise tax, shipping tax, etc.) that SpareFoot pays to Service Providers for taxes due on the Rental Services. Service Providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. SpareFoot does not act as co-vendors with Service Providers who offer Rental Services via Full-Service Storage. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by us to Service Providers may vary from the tax recovery charge amounts included in any Total Reservation Cost, depending upon the rates, taxability, etc. in effect at the time of your actual use of the Rental Services. We retain our fees as compensation for providing Full-Service Storage. Our fees may vary based on the amount and type of Rental Services a Service Provider offers. Notwithstanding the foregoing, sales, use and/or local taxes may be imposed on the amounts that we charge for Full-Service Storage (e.g., service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on Full-Service Storage may vary depending on the rates in effect at the time of your actual use of the Rental Services.
Term and Termination
The term of these Terms commences on the Effective Date and continues until terminated by SpareFoot or you. SpareFoot may terminate these Terms at any time without notice if it ceases to offer Full-Service Storage, which it may do in its sole discretion, or if you fail to comply with one or more terms of these Terms. Upon termination of these Terms: (a) all rights granted to you under these Terms will immediately terminate; and (b) you must immediately cease all use of Full-Service Storage.
Neither party shall be in default for failing to perform any obligation (except for the payment of any amounts due) hereunder if such failure is caused solely by supervening conditions beyond the parties' respective control, including without limitation acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions ("Force Majeure Event"). The laws of the State of Texas, excluding its conflicts of law rules, govern these Terms and the provision of Full-Service Storage. These Terms constitute the entire agreement between you and us regarding Full-Service Storage. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. SpareFoot may freely transfer or assign these Terms and any of its rights or obligations hereunder. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Any amendments by you to, and waivers under, these Terms shall only be valid if in writing and signed by an executive of SpareFoot. We reserve the right to change or otherwise modify these Terms without prior notice at any time, and your continued access or use of Full-Service Storage signifies your acceptance of these Terms as so updated or modified.