Terms and Conditions The terms and conditions contained in this Online Pay Service Agreement (this "Agreement") governs your use of the Extra Storage, Inc. Online Pay Service (the "Online Pay Service"). 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 of the information that 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. Your use of the Online Pay Service will not violate any local, national or international laws or regulations. 1. Definitions: As used in this Agreement, the following terms shall have the following meanings: "Online Payment Service" means the online bill payment service made available to you by Extra Storage, Inc. "Business Day" means Monday - Friday, excluding Federal Reserve Bank Holidays. "Cutoff Time" means 6:00 pm Eastern Time on any Business Day and is the time by which you must transmit Payment instructions on that particular Business Day. "Payment" means any bill Payment to be made to Extra Storage, Inc. Payments must be made on each account. You may not combine payments on accounts. "Payment Account" means the financial institution account linked to your credit card or the financial institution account (such as a checking account) from which your payment will be deducted. "Payment instructions" means the method of payment (such as credit card or debit card number), expiration date, dollar amount of payment, bank account number entered in the Online Pay Service to authorize a payment. "Extra Storage, Inc." may also be referred to in these Terms and Conditions as "we", "us", or "our". 2. Online Pay Service: 1. By enrolling in the Online Pay Service, you authorize Extra Storage, Inc. and its agents to follow the Payment Instructions you have provided to us. You will provide us with the 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 authorizing a Payment, you authorize us to process the payment as entered in accordance with your Payment Instructions. Payments made after the cutoff time or on non-business days will be processed on the next Business Day. 3. Payments will be processed and completed within two (2) business days after the business day on which you initiate your payment. 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. You acknowledge that payments will not be accepted on any account that is 30 days or more past due through the Online Pay Service. Any accounts 30 days or more past due must be paid by calling the office at (804)693-6333 Monday through Friday from 8am until 5 pm and Saturdays from 9 am until 1 pm. 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. Password and Security: You agree that you are solely responsible for protecting the confidentiality of you login ID/user name, password and any other security measures made available, recommended or required by Extra Storage, Inc. in connection with your use of the Online Pay Service. You will choose a user name and 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 ensures that only you or someone to whom you give your password can access your Extra Storage, Inc. account information. You agree not to give your user ID/login and password to anyone you do not authorize to use the Online 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 Online Pay Service when you 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 Extra Storage, Inc. at (804)693-6333 or by notifying us at [email protected] 4. Privacy: Extra Storage, Inc. is committed to protecting your privacy. Your personal information provided to us in connection with the Online Pay Service will be used only in relation to our provisions of the Online Pay Service and for internal purposes. Information provided by you to us will not be intentionally disclosed to any third party that is not affiliated with Extra Storage, Inc. 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 such as a credit bureau; (c) when it is necessary to verify the existence and/or condition of your account to a third party; (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. 5. Charges: A $3.00 administrative fee will be added automatically to each Payment made with the Online Pay Service. All monies paid are applied to the oldest balances first. Your Unit, per your Rental Agreement, is subject to possible overlock and/or Late Fees if Rents are not paid by the 5th day of each month. 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 Online Pay Service. 6. Change in Terms and Conditions: This Agreement is the legal and binding agreement between Extra Storage, Inc. and its agents and you with respect to the Online Pay Service 7. Changes in Contact or Payment Information: E-Mail Communications: You are solely responsible for ensuring that the contact information in your customer profile (including your email address) and your Payment Account or credit card information is current and accurate at all times. Extra Storage Inc. and its agents are 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 Online Pay Service by contacting the Extra Storage, Inc. office. You expressly give your consent for Extra Storage, Inc. to e-mail you at any e-mail address that you provide to Extra Storage, Inc., any notice required under your Rental Agreement pursuant to State laws. 8. Proprietary Rights: Other than your account information, all content included or available on the Extra Storage, Inc. website, such as advertisements, text, graphics, logos, icons, images, video and audio clips and software shall be the property of Extra Storage, Inc. and it agents, 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 the website is exclusive property of Extra Storage, Inc. and its licensors or licensees and is protected by copyright or other intellectual property rights. Similarly, the trademarks, logos and service marks displayed on the website are the registered and unregistered trademarks of Extra Storage, Inc. 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 the website should be construed as granting, by implication or otherwise any license or right to use any mark without the express written consent of Extra Storage, Inc. or 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 Online Pay Service. Either you or Extra Storage, Inc. and its agents may terminate this agreement and your use of the Online 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. 10. Disclaimer of Warranties; Limitation on Liability: THE ONLINE PAY SERVICE IS PROVIDED TO YOU ?AS IS? AND ?AS AVAILABLE,? AND EXTRA STORAGE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE ONLINE PAY SERVICE (INCLUDING WITHOUT LIMITATION THE PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS OF THE ONLINE PAY SERVICE) OR RELATING TO ANY PRODUCTS, SERVICES, ADVERTISEMENTS OR WEBSITES ACCESSED OR OBTAINED THROUGH THE ONLINE 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 ONLINE PAY SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE ONLINE PAY SERVICE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE ONLINE PAY SERVICE AND TO CREDIT YOU ACCOUNT FOR ANY INCORRECT CHARGES BILLED TO YOU THROUGH OUR ERROR. YOU UNDERSTAND THAT IN NO EVENT WILL EXTRA STORAGE, INC. OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AND AFFILIATES, AGENTS, LICENSORS, LICENSEES, EMPLOYEES, CONSULTANTS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT (OTHER THAN REFUNDS OR CREDIT) 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, EXTRA STORAGE, INC. PROVISIONS OF THE ONLINE PAY SERVICE. THE INABILITY TO USE THE ONLINE PAY SERVICE OR RESULTING FROM ANY OTHER SERVICES OR MERCHANDISE PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTION ENTERED THROUGH THE ONLINE PAY SERVICE, EVEN IF EXTRA STORAGE, INC. OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF EXTRA STORAGE, INC. AND ANY THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). 11. Indemnification: You agree to indemnify, defend, and hold Extra Storage, Inc. 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 Extra Storage, Inc.; (b)any fraud, manipulation or other breach of this Agreement by you; (c) any third party claim, action or allegation brought against Extra Storage, Inc. 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 Online Pay Service or the use of your account information by any third party who obtained access to that information through no fault of ours. Extra Storage, Inc. 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 Extra Storage, Inc. in asserting any available defenses. You will not settle any action or claims on behalf of Extra Storage, Inc. without prior written consent of Extra Storage, Inc. 12. Miscellaneous: (a.) 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 Virginia, without reference to its conflict of laws rules. (b.) 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. (c.) Headings. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. (d.) Waiver. The failure of Extra Storage, Inc. 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. (e.) Assignment. Extra Storage, Inc. may assign any or all of the Online 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 Online Pay Service; however, you may not assign or transfer your right to use the Online Pay Service or this Agreement without the written consent of Extra Storage, Inc. (f.) Conflict. Should there be any conflict between this Agreement and any other document incorporated herein by reference, this Agreement shall control. (g.) 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 Online Pay Service. 13. Refunds: All rental sales transactions are final. Prepaid Rents are non-refundable. The Rental Period starts on the First of every month. Rent/fees will not be prorated for move-outs. In the event your account is overcharged due to our error, your account will be refunded after notifying us of the discrepancy. BY CHECKING THE "I HAVE REVIEWED AND AGREE TO THE ONLINE PAY SERVICE AGREEMENT" BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS, AND ANY FUTURE AMENDMENTS WHICH MAY BE MADE FROM TIME TO TIME.