User Agreement

OUR SERVICES. From time to time during the Term, (a) We will arrange and provide for the pick-up and delivery from a Delivery Address specified by You, or (b) You may deliver to or pick up from Us, Storage Container(s) containing Your Goods and packed by You on the terms and conditions set forth in the Agreement (defined below) and the VALSTOR TERMS OF USE AGREEMENT (the “Terms of Use”), a current copy of which is attached hereto as Exhibit A. . The Terms of Use, as now or hereafter set forth on the Website, are incorporated into this document as if fully printed herein. This document and the Terms of Use are referred to collectively herein as the “Agreement”. Capitalized terms not defined specifically in this document shall have the definition accorded to them in the Terms of Use.

FEES AND CHARGES; COMMENCEMENT DATE.
Late Fee: $25.00
Administrative Fee: $25.00
MAXIMUM VALUE OF THE GOODS; INSURANCE; LIMITATION OF OUR LIABILITY. WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR DESTRUCTION OF YOUR GOODS, UNLESS, AND TO THE EXTENT, THE LOSS, DAMAGE OR DESTRUCTION SHALL RESULT FROM OUR FAILURE TO EXERCISE SUCH CARE AS A REASONABLY CAREFUL PERSON WOULD EXERCISE UNDER SIMILAR CIRCUMSTANCES. WE DO NOT FURNISH INSURANCE ON THE GOODS. ALL GOODS SHALL BE STORED BY YOU AT YOUR SOLE RISK. INSURANCE OF THE GOODS IS YOUR SOLE RESPONSIBILITY.

Our liability, if we shall be held liable for loss, damage, or destruction to part or all of the Goods shall be limited as provided in the Terms of Use.

TERM AND LICENSE FEE. The Term shall commence as of the date specified above and shall continue on a month-to-month basis until terminated. You agree to pay to Us the monthly License Fee indicated above, without deduction, prior notice, demand or billing statement (plus any applicable tax imposed by any taxing authority) in advance on the first day of each month. If the Term shall commence other than on the first day of the month, You agree to pay a prorated License Fee for the first partial month and a full month’s License Fee for the second full month concurrently with the execution of this Agreement. You understand and agree further that under no circumstance will You be entitled to a refund of a pro rata portion of the License Fee for any month of the Term, including the month in which the Term ends.

MODIFICATIONS TO THE AGREEMENT; RENEWAL OF THE AGREEMENT. WE MAY INCREASE THE LICENSE FEE AND OTHER CHARGES AND MAKE OTHER MODIFICATIONS IN THE AGREEMENT FROM TIME TO TIME BY POSTING SUCH INCREASED LICENSE FEES, OTHER CHARGES AND OTHER MODIFICATIONS ON THE WEBSITE. SUCH INCREASES SHALL TAKE EFFECT AND BE BINDING ON YOU STARTING WITH THE FIRST MONTHLY BILLING ON YOUR ACCOUNT FOLLOWING POSTING.

THE AGREEMENT WILL BE AUTOMATICALLY RENEWED UPON THE SAME TERMS AND CONDITIONS AND AT THE LICENSE FEE IN EFFECT UPON THE DATE OF SUCH RENEWAL IF WE DO NOT RECEIVE A NOTICE OF CANCELLATION FROM SUCH YOU AT LEAST THIRTY (30) DAYS PRIOR TO THE THEN ENDING DATE OF THE TERM.

PICKUP AND DELIVERY OF STORAGE CONTAINERS. We will make every reasonable effort to accommodate Your schedule in the pickup and delivery of Storage Containers. If We shall be unable to make any scheduled pickup or delivery because the scheduled Storage Container shall not be available at the Delivery Address at the scheduled time, or the Delivery Address shall not be located in an active ValStor Delivery Zone, You agree to pay all related pickup and delivery charges according to our Fees Schedule then in effect.

SECURITY INTEREST; DENIAL OF ACCESS; ABANDONMENT. The Agreement grants to Us a security interest in all Goods to secure payment of all amounts payable by You pursuant to the Agreement. If You fail to make any payment required by the Agreement We may deny Your access to all Goods until You shall pay all past-due amounts. If You shall fail to pay all such past-due amounts within fourteen (14) days after We give notice, We may terminate the Agreement and sell or otherwise dispose of all or a portion of the Goods in order to satisfy Our security interest in the manner provided by Illinois law. Prior to the sale, We will notify You in writing at Your last known address and publish notice of the sale.

Abandonment of Goods. Any Goods which shall remain in Our possession at the end of the Term shall be considered abandoned. At Our option, and, in such event, We may sell, destroy or otherwise dispose of such abandoned property.

ACKNOWLEDGMENT OF CHICAGO MUNICIPAL CODE 15-28-755. In addition to the relevant provisions of the Terms of Use, if storing within the confines of the City of Chicago, You acknowledge the following:
CMC 15-28-755 provides that “No person shall store any regulated material or ammunition in any self-service storage facility or any residential storage facility.”

“Regulated material” is defined to include any corrosive liquid, hazardous chemical, highly toxic materials, oxidizing materials, potentially explosive chemicals, and radioactive materials [as the foregoing are defined in section 15-28-020 of the Chicago Municipal Code], flammable compressed gas [as defined in section 15-26-020 of the Chicago Municipal Code], and flammable liquids [as defined in section 15-24-020 of the Chicago Municipal Code].
Penalties for violations of the Ordinance are specified as follows: Violations of this section shall be punished by a penalty of $250.00 to $500.00 for the first offense, $500.00 to $1,000.00 for the second offense, and $1,000.00 to $2,000.00 for the third and each subsequent offense. Each day that the violation continues shall be deemed a separate offense. In addition, the City may declare any specific storage of regulated materials a public nuisance and may abate that nuisance by removing the material after notice to the owner of the material. If the City removes the material it can seek to recover three times the costs that it incurred.

RELEASE OF INFORMATION; NEGATIVE CREDIT INFORMATION. By executing the Agreement, You grant to Us or to Our duly authorized representative, full authorization for obtaining information regarding Your employment, savings, and checking accounts and/or any previous or present credit, including real estate loans, whether on a closed or open status. We, or Our duly authorized representative, are authorized also to request from a company or companies of Our choice a full credit report on Your previous and present credit history, including updated credit information. This Authorization is valid for the purpose of extending credit, reviewing credit or in the collection of amounts owed to Us in connection with the Agreement. We, or Our duly authorized agent, may report information about Your account to credit bureaus. Late payments, missed payments, or other defaults on Your account may be reflected in Your credit report.

TERMINATION AND DEFAULT. We may terminate the Agreement for nonpayment of the License Fee and any other fees or charges due to Us as provided in the Terms of Use, and upon such termination We shall have the rights set forth in the Terms of Use

NOTICES; CONSENT TO ELECTRONIC COMMUNICATIONS. Except as otherwise expressly provided in the Agreement or by law, any written notices or demands required or permitted under the terms of the Agreement or provided or required by law may be (a) personally served or served by first class mail deposited in the United States mail with postage fully prepaid and addressed to You at the address provided for in the Agreement or (b) delivered electronically to the most current email address on record for You. Service of any such notice or demand shall be deemed complete on the date of deposit with postage in the United States mail or upon delivery, if personally delivered, or upon the date and time sent by Us, in the case of an electronic notice. Notices, writings and communications made in electronic form by us shall have the same legal force, effect and enforceability as if they were made in non-electronic form. You agree that any reference in the Agreement to a writing or written form may be fulfilled through an electronic record, including an electronic signature, which shall have the same legal force, effect and enforceability as if it was made in a non-electronic form.