Bluebird Self Storage Online Bill Pay Service Agreement
The terms and conditions contained in this Online Payment and Services Policy (this "Agreement") govern your use of the Bluebird Self Storage Online Bill Pay Service (the "Bill Pay Service"), the Bluebird Self Storage Payment Reminder Service (the "Payment Reminder Service"), the Bluebird Self Storage Business Invoice Service (the "Business Invoice Service"), and the Bluebird Self Storage Automatic Payment Service (the "Auto Pay Service") (each individually a "Service" and collectively, the "Services"), to the extent each is applicable to you. 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 any of the Services 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 Services Agreement" box before completing your payment or enrollment.
By enrolling in any of the Services, you represent and warrant that:
- You are at least 18 years of age;
- You are using your actual identity and all the information you provide is accurate and complete in all respects;
- You are legally authorized to make Payments (as defined below) using your Payment Account (as defined below);
- Your use of the Services will not violate any local, state, national or international laws or regulations.
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 Bluebird Self Storage, through which you will be able to make Payments to Bluebird Self Storage.
- "Bill Pay Service" means the online bill payment service made available to you by Bluebird Self Storage, through which you will be able to make Payments to Bluebird Self 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 Bluebird Self Storage bill statements.
- "Payment" means any bill payment to be made to Bluebird Self 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.
- "Payment Reminder" means the reminder that a Payment on your Bluebird Self Storage account is coming due, which may be provided, at your election, be either e-mail or by text message.
- "Bluebird Self Storage" means BluStor Management, d/b/a Bluebird Self Storage. Bluebird Self Storage may also be referred to in these Terms & Conditions as "we", "us", or "our".
- As used in this Agreement, the following terms shall have the following meanings:
- By enrolling in the Bill Pay Service, you authorize Bluebird Self Storage and its agents to follow the Payment Instructions you provide. 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 ("Rental Agreement").
- When initiating or authorizing a Payment through the Bill Pay Service, you authorize Bluebird Self 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.
- Your Bluebird Self Storage account balance will be credited to reflect the amount of any Payment authorized by you through the Bill Pay Service after Bluebird Self Storage has initiated the processing of such Payment. Such credit is provisional and is subject to Bluebird Self Storage's final receipt of good funds. Your Bluebird Self Storage account balance will generally be updated to reflect this credit within two (2) Business Days of the date on which Bluebird Self Storage initiates the processing of your Payment. Bluebird Self Storage will reverse any such credit to your Bluebird Self 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.
- 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.
- By enrolling in the Payment Reminder Service, you affirmatively authorize Bluebird Self Storage to send you recurring e-mail messages to the e-mail address that you provided or text/SMS messages to the telephone phone number that you provided, as applicable. Such messages will include information stating that a Payment Reminder is available for you to review by activating the Payment Reminder as prompted in the e-mail message or text message, as applicable, and may provide additional information related to the Payment Reminder Service. You acknowledge that opting to receive text or SMS messages is not a condition of any purchase, payment or rental. Message and data rates may apply.
- By enrolling in the Business Invoice Service, you affirmatively authorize Bluebird Self Storage to send you your Invoices electronically to the e-mail address that you provide.
- By enrolling in the Business Invoice Service, you will not receive hardcopies of your Invoices, unless you request in person at the applicable Bluebird Self Storage location to continue to receive such hardcopies for an additional charge.
- By enrolling in the Auto Pay Service, you authorize Bluebird Self 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 Bluebird Self Storage at the time of Payment and you acknowledge your obligation to pay such amount to us pursuant to the Rental Agreement.
- When initiating or authorizing a Payment through the Auto Pay Service, you authorize Bluebird Self Storage to process such Payment in accordance with your Payment Instructions every month until cancelled by either party. Either party may 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.
- While it is anticipated that most Auto Pay Service 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.
- Your Bluebird Self Storage account balance will be credited to reflect the amount of any Payment authorized by you through the Auto Pay Service after Bluebird Self Storage has initiated the processing of such Payment. Such credit is provisional and is subject to Bluebird Self Storage's final receipt of good funds. Your Bluebird Self Storage account balance will generally be updated to reflect this credit within two (2) Business Days of the date on which Bluebird Self Storage initiates the processing of your Payment. Bluebird Self Storage will reverse any such credit to your Bluebird Self 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.
- The Services may not be used for any illegal activity or purpose, including unauthorized payments, fraud or identity theft.
- As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is not authorized by this Agreement. You may not interfere with any party's use of the Services. You may not attempt to gain unauthorized access to the Services through any means.
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 Bluebird Self Storage in connection with your use of the Services. You will assign yourself a user name and 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 Bluebird Self Storage account information. You agree not to give your login ID/user name or password to anyone you do not authorize to use the Services 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 Services 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 Bluebird Self Storage at (866) 861-2805 or notifying us online at https://bluebirdstorage.ca/support/.
- Bluebird Self Storage will not charge you to use the Services. 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 Services.
Change in Terms and Conditions
- This Agreement is a legally binding agreement between Bluebird Self Storage and you with respect to the Services. Bluebird Self Storage reserves the right to revise or modify this Agreement at any time. Each time you use the Services, you are agreeing to the current provisions of this Agreement. Your use of the Services after any changes to this Agreement will constitute your agreement to such change(s).
Changes in Contact or Payment Information; E-Mail and Text/SMS Communications
- You are solely responsible for ensuring that the contact information in your customer profile (including your e-mail address and, if provided, your mobile number) and your Payment Account or credit card information is current and accurate at all times. Bluebird Self 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 Services online or by calling Bluebird Self Storage. IF YOU ENROLL IN THE BLUEBIRD SELF STORAGE PAYMENT REMINDER SERVICE AND ELECT TO RECEIVE PAYMENT REMINDERS VIA TEXT MESSAGE/SMS, YOU AGREE TO PROMPTLY NOTIFY BLUEBIRD SELF STORAGE IF YOU CHANGE YOUR MOBILE NUMBER.
- You expressly give your affirmative consent to Bluebird Self Storage e-mailing you or sending you text or SMS messages, as applicable, at any e-mail address or telephone number that you provide to Bluebird Self Storage, any notice required under your Rental Agreement pursuant to state laws, and/or for any purpose including the marketing of Bluebird Self Storage's current and future services. You may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing Bluebird Self Storage. You may cancel the Payment Service Reminders sent to your cell phone at any time by responding "STOP" or by calling or writing to Bluebird Self Storage, or by contacting Bluebird Self Storage using the online contact form.
- The Payment Reminder Service is provided to you as a complimentary service on Bluebird Self Storage's behalf. It is your responsibility to make timely Payments to Bluebird Self Storage when such Payments are due and Bluebird Self 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.
- Other than your account information, all content included or available on the Bluebird Self Storage website, such as advertisements, text, graphics, logos, icons, images, video and audio clips and software is the property of Bluebird Self 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 Bluebird Self Storage website is the exclusive property of Bluebird Self 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 the Bluebird Self Storage website are the registered and unregistered trademarks of Bluebird Self 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 Bluebird Self 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 Bluebird Self Storage or of the third party that has rights to such mark(s).
- This Agreement, as it may be amended from time to time, shall be in effect at all times while you are using the Services. Either you or Bluebird Self Storage may terminate this Agreement and your use of the Services 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.
Disclaimer of Warranties; Limitation on Liability
- THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND BLUEBIRD SELF STORAGE MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS OF THE SERVICES) OR RELATING TO ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES ACCESSED OR OBTAINED THROUGH THE SERVICES, 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 SERVICES (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE SERVICES) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE SERVICE, AND TO CREDIT YOUR ACCOUNT FOR ANY INCORRECT CHARGES BILLED TO YOU THROUGH OUR ERROR.
- YOU UNDERSTAND THAT IN NO EVENT WILL BLUEBIRD SELF 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, BLUEBIRD SELF STORAGE'S PROVISION OF THE SERVICES, THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY OTHER SERVICES OR MERCHANDISE PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, EVEN IF BLUEBIRD SELF STORAGE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, THE AGGREGATE LIABILITY OF BLUEBIRD SELF STORAGE AND ANY THIRD PARTY SERVICE PROVIDERS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
- To the fullest extent permitted by law, and except to the extent arising from Bluebird Self Storage's negligence, recklessness, gross negligence or intentional misconduct, you agree to indemnify, defend, and hold Bluebird Self 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 Bluebird Self Storage; (b) any fraud, manipulation or other breach of this Agreement by you; (c) any third party claim, action or allegation brought against Bluebird Self 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 Services or the use of your account information by any third party who obtained access to that information through no fault of ours. Bluebird Self 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 Bluebird Self Storage in asserting any available defenses. You will not settle any action or claims on Bluebird Self Storage's behalf without the prior written consent of Bluebird Self Storage.
- YOU AND BLUEBIRD SELF STORAGE AGREE THAT AT THE REQUEST OF EITHER YOU OR US ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY INDIVIDUAL ARBITRATION ONLY, EXCEPT THAT ANY DISPUTE OR CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT OR ANY CLAIM THAT CANNOT BE ARBITRATED UNDER APPLICABLE LAW SHALL NOT BE SUBJECT TO ARBITRATION. ANY SUCH ARBITRATION SHALL BE THE PARTIES' SOLE AND EXCLUSIVE REMEDY. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT ANY SUCH DISPUTE WILL BE DECIDED BY A NEUTRAL THIRD PARTY OUTSIDE OF COURT AND THAT YOU ARE WAIVING THE RIGHTS TO SUE IN A COURT OF LAW AND TO HAVE A JURY TRIAL REGARDING SUCH DISPUTE. The arbitration will be administered by the American Arbitration Association under its then current Commercial Arbitration Rules. The arbitrator shall not have the authority to join or combine the claims of more than one person or to hear or decide any class, collective or representative action of any kind against Bluebird Self Storage or you. The award of the arbitrator shall be final and binding and judgment on it may be entered in any court of competent jurisdiction. The arbitration shall take place in Buffalo, New York. You and Bluebird Self Storage shall pay their own filing and legal fees and other expenses, unless provided otherwise by law. The interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. This provision shall survive the termination of this Agreement.
Waiver of Right to Jury Trial
- YOU AND BLUEBIRD SELF STORAGE WAIVE THE RIGHT TO A JURY TRIAL IN ANY DISPUTE OR CLAIM BETWEEN YOU AND US THAT PROCEEDS IN COURT, WHETHER OR NOT ARISING FROM OR RELATED TO THIS AGREEMENT, AND AGREE THAT THE DISPUTE OR CLAIM WILL BE HEARD AND DECIDED ONLY BY A JUDGE. This provision shall survive the termination of this Agreement.
Waiver of Class, Collective and Representative Actions
YOU AND BLUEBIRD SELF STORAGE WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE OR
REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT AND ARBITRATION, ARISING FROM OR RELATED TO THIS AGREEMENT. This provision
shall survive the termination of this Agreement.
- 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.
- 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.
- Headings. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section.
- Waiver. Bluebird Self Storage's 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.
- Assignment. Bluebird Self Storage may assign any or all of the Services, 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 Services; however, you may not assign or transfer your right to use the Services or this Agreement without the written consent of Bluebird Self Storage.
- Conflict. Should there be any conflict between this Agreement and any other document incorporated herein by reference, this Agreement shall control.
- 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 Service.
BY CHECKING THE "I HAVE READ AND AGREE TO THE BLUEBIRD SELF STORAGE ONLINE PAYMENT AND SERVICES POLICY" 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.
IF YOU HAVE CHECKED THE "BY TEXT" PAYMENT REMINDER OPTION, YOU ACKNOWLEDGE AND AGREE THAT BLUEBIRD SELF STORAGE MAY SEND YOU TEXT OR SMS MESSAGES CONCERNING THE PAYMENT REMINDER SERVICE AND YOU EXPRESSLY CONFIRM YOU INTEND THE CHECKING OF THIS BOX TO SERVE AS AN ELECTRONIC SIGNATURE.