INTRODUCTION

Welcome to the website of AUSTIN MOBILE STORAGE LLC. The following terms and conditions (together with any documents
referred to in them) (collectively, these "Terms of Use") apply to your use,
whether as a guest or a registered user, of austinmobilestorage.com and
other websites of AMS or any of its affiliated or subsidiary companies where
these Terms of Use are posted along with any content, functionality and
services offered on or through such websites (collectively, the "Website").
Please read the Terms of Use carefully before you start to use the site. By
using the Website or by clicking to accept or agree to the Terms of Use when
this option is made available to you, you accept and agree to be bound and
abide by these Terms of Use and our Privacy Policy (found at
austinmobilestorage.com/Privacy_Policy.aspx) incorporated here by
reference. If you do not want to agree to these Terms of Use or the Privacy
Policy, you must exit the Website. You acknowledge that the Terms of Use
are supported by reasonable and valuable consideration, the receipt and
adequacy of which are hereby acknowledged. Without limiting the generality
of the foregoing, you acknowledge that such consideration includes your use
of the Website and receipt of data, materials and information available at or
through the Website.
 
CHANGES TO THE TERMS OF USE
We reserve the right to change or modify these Terms of Use or any policy or
guideline of the Website, at any time and in our sole discretion. Any changes
or modifications will be effective immediately upon posting the revisions to the
Website, and you waive any right you may have to receive specific notice of
such changes or modifications. Your continued use of the Website will confirm
your acceptance of such changes or modifications; therefore, you should
frequently review these Terms of Use and applicable policies to understand
the terms and conditions that apply to your use of our Website. If you do not
agree to the amended terms, you must stop using the Website.
 
RESTRICTIONS ON USE
The contents from the Website may not be copied or distributed, or
republished, uploaded, posted, or transmitted in any way, without the prior
written consent of AUSTIN MOBILE STORAGE EXCEPT: you may download
one copy of the material on one computer for your personal, non-commercial

home use only, provided you do not delete or change any copyright,
trademark, or other proprietary notices. Modification or use of the materials for
any other purpose violates AMS intellectual property rights. The material in
this Website is provided for lawful purposes only. If you download software
from our Website, the software, including all files, images, contained in or
generated by the software, and accompanying data (together, the "Software")
are deemed to be licensed to you by AMS. Neither title nor intellectual
property rights are transferred to you, but remain with AMS, who owns full and
complete title. You may not resell, decompile, reverse engineer, disassemble,
or otherwise convert the Software to a human perceivable form.
 
USER CONTRIBUTIONS
The Website may include interactive areas in which you or other users may
create, post, send or store messages, materials, data, information, text,
music, sound, photos, video, graphics, applications, tags, code, links or other
items or materials on the Sites ("User Content"). By using the Website, you
agree not to post, upload, transmit, distribute, store, create or otherwise
publish through the Website any of the following: a. Unless specifically
requested by AMS, any “sensitive” personally identifiable information about
yourself or another person (including, but not limited to, information that
relates to health or medical conditions, social security numbers, credit cards,
bank accounts or other financial information, other information concerning
trade union membership, sex life, political opinions, criminal charges or
convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
b. User Content that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, invasive of privacy or
publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or
which threatens our relationships with our employees, partners, customers or
suppliers; c. User content that may infringe any patent, trademark, trade
secret, copyright or other intellectual or proprietary right of any party. By
posting any User Content, you represent and warrant that you have the lawful
right to distribute and produce such User Content; d. User Content that
impersonates any person or entity or otherwise misrepresents your identity or
affiliation with another person or entity; e. Spam, direct marketing
communications or any unsolicited advertising, promotional materials or other
forms of solicitation or commercial content; f. User Content that constitutes,
encourages or provides instructions for a criminal offense, violates the rights
of any party or that creates liability or violates any applicable local, state,
national or international law; g. Viruses, spyware, Trojan horses or any other

harmful, disruptive or destructive files; and h. User Content that, in the sole
judgment of AMS, is objectionable, restricts or inhibits any other person from
using or enjoying the Website or which damages the image or rights of AMS,
other users or third parties. AMS does not control, take responsibility for or
assume liability for any User Content posted, stored or uploaded by you or
any third party, or for any loss or damage thereto, nor is AMS liable for any
user conduct or any mistakes, defamation, slander, libel, omissions,
falsehoods, obscenity, pornography or profanity you may encounter. The
interactive areas are generally designed as open and public community areas
for connecting and sharing with other people. When you participate in these
areas, you understand that certain information and content you choose to post
may be displayed publicly. You are solely responsible for your use of the
Website and agree to use the interactive areas at your own risk.
 
MONITORING AND ENFORCEMENT; TERMINATION
AMS has the right to: a. Take any action with respect to any User Content that
we deem necessary or appropriate in our sole discretion if we believe that
such User Content violates the Terms of Use, including the Content
Standards, infringes any intellectual property right or other right, threatens the
personal safety of users of the Website and the public or could create liability
for the Company. b. Remove, screen, edit, modify or refuse to post any User
Content for any or no reason in our sole discretion. c. Disclose your identity to
any third party who claims that material posted by you violates their rights,
including their intellectual property rights or their right to privacy. d. Take
appropriate legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website. e. Terminate
your access to all or part of the Website for any or no reason, including
without limitation, any violation of these Terms of Use. Without limiting the
foregoing, we have the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity of
anyone posting any materials on or through the Website. YOU WAIVE AND
HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY PODS DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER AMS OR LAW
ENFORCEMENT AUTHORITIES. However, we do not undertake to review all
material before it is posted on the Website, and cannot ensure prompt
removal of objectionable material after it has been posted. These Terms of
Use do not create any private right of action on the part of any third party or

any reasonable expectation or promise that the Website will not contain any
content that is prohibited by these Terms of Use. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications or
content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities
described in this paragraph.
 
LICENSE TO USER CONTENT
You represent and warrant that your User Content is not subject to any
confidentiality obligations and that you own and control all of the rights to the
User Content or otherwise have the right to grant the rights to AMS that you
grant herein. AMS claims no ownership or control over any User Content,
except as otherwise provided herein, on the Website or in a separate
agreement. However, by submitting or posting User Content on the Website,
you grant AMS and its designees a worldwide, perpetual, irrevocable, non-
exclusive, fully-paid up and royalty free license to use, sell, reproduce,
prepare derivative works, combine with other works, alter, translate, distribute
copies, display, perform, publish, license or sub-license the User Content and
your name and likeness in connection with such use of your User Content. By
posting User Content, you hereby release AMS and its agents and employees
from any claims that such use, as authorized above, violates any of your
rights and you understand that you will not be entitled to any compensation for
any use of your User Content.
 
SUBMISSION OF IDEAS
Separate and apart from the User Content you provide, you can submit
questions, comments, feedback, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information about AMS, the Website and
our products and services (collectively, the "Ideas"). Ideas, whether posted to
the Website or provided to AMS by email or otherwise are entirely voluntary,
non-confidential, gratuitous and non-committal. You hereby irrevocably assign
and transfer to AMS all of your rights, title and interest, on a worldwide basis,
including without limitation, all intellectual property rights and moral rights, in
and to such Ideas. Accordingly, AMS shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of Ideas for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. To the extent the preceding
assignment and transfer is ineffective, you grant AMS an exclusive,

irrevocable, royalty-free, perpetual and fully sub licensable and transferable
right to use, reproduce, modify, adapt, translate, distribute, publish, and create
derivative works from any such Ideas submitted to AMS by you. AMS will not
be liable for any ideas for its business (including without limitation, product, or
advertising ideas) and will not incur any liability as a result of any similarities
that may appear in future AMS operations. Do not send us Ideas if you expect
to be paid or want to continue to own or claim rights in them. We may have
already had the same or similar idea and we do not want disputes. To the
extent any “moral rights,” “ancillary rights,” or similar rights in or to the Ideas
exist and are not exclusively owned by AMS, you agree not to enforce any
such rights as to us or our licensees, agents, representatives, and other
authorized users, and you shall procure the same agreement not to enforce
from any others who may possess such rights. You hereby appoint us as your
agent with full power to enter into and execute any document and/or do any
act we may consider appropriate to confirm the grant of rights, consents,
agreements, assignments and waivers set forth in these Terms of Use.
 
COPYRIGHT COMPLAINTS
We take claims of copyright infringement seriously. We will respond to notices
of alleged copyright infringement that comply with applicable law. If you
believe any materials accessible on or from this Website infringe your
copyright, you may request removal of those materials (or access thereto)
from the Website by submitting written notification to our Copyright Agent as
set forth below.AUSTIN MOBILE STORAGE LLC 1901 Red Bud Lane, Round
Rock, TX 78665. Please see 17 U.S.C. §512(c)(3) for the requirements of a
proper notification. You should note that if you knowingly misrepresent in your
notification that the material or activity is infringing, you will be liable for any
damages, including costs and attorneys' fees, incurred by us or the alleged
infringer as the result of our relying upon such misrepresentation in removing
or disabling access to the material or activity claimed to be infringing. In
accordance with the Digital Millennium Copyright Act and other applicable law,
AMS has also adopted a policy of terminating, in appropriate circumstances
and in our sole discretion, users who are deemed to be repeat infringers. AMS
may also, in its sole discretion, limit access to the Website and/or terminate
the accounts of any users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement.
 
LIMITATION OF LIABILITY

AMS will not be liable for any damages or injury caused by, including but not
limited to, any failure of performance, error, omission, interruption, defect,
delay in operation of transmission, computer virus, or line failure. AMS will not
be liable for any damages or injury, including but not limited to, special or
consequential damages that result from the use of, or the inability to use, the
materials in this Website, even if there is negligence or AMS or an authorized
AMS representative has been advised of the possibility of such damages, or
both. The above limitation or exclusion may not apply to you to the extent that
applicable law may not allow the limitation or exclusion of liability for incidental
or consequential damages. AMS total liability to you for all losses, damages,
and causes of action (in contract, tort (including without limitation, negligence),
or otherwise) will not be greater than the amount you paid to AMS to access
this Website, which in all cases should be $0.
 
JURISDICTION
Except as described otherwise, all materials in the Website are made
available only to provide information about AMS. AMS controls and operates
the Website from its headquarters in Round Rock, TX United States of
America and makes no representation that these materials are appropriate or
available for use in other locations. If you use the Website from other locations
you are responsible for compliance with applicable local laws. Some software
from the Website may be subject to export controls imposed by the United
States and may not be downloaded or otherwise exported or re-exported: (a)
into (or to a national or resident of ) any country to which the U.S. has placed
an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea,
Syria, or Yugoslavia; (b) to everyone on the US Treasury Department's
Specially Designated Nationals list, or (c) the US Commerce Department's
Table of Denial Orders. If you download or use the Software, you represent
and warrant that you are not located in, or under the control of, or a national or
any such country or on any such list. DISCLAIMER The material in the
Website could include technical inaccuracies or typographical errors. AMS
may make changes or improvements at any time.
THE MATERIALS IN THE WEBSITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR
IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW. AMS DISCLAIMS ALL WARRANTIES OR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMS
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT

DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. PODS DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE
RESULT OF THE USE OF THE MATERIAL IN THE WEBSITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT PODS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES.
The Website contains downloadable materials as well as links to external
sites. AMS is not responsible for, and has no control over, the content of such
downloadable materials or external sites. You understand that AMS cannot
and does not guarantee or warrant that files or software of any kind, or from
any source, available for downloading through the Website, will be free of
infection or viruses, worms, Trojan Horses or other code or defects that
manifest contaminating or destructive properties. AMS is an equal opportunity
employer committed to a diverse workforce. AMS franchisees each hire their
own employees and establish their own terms and conditions of employment,
which may differ from those described. To be considered for a posted job
opportunity, you must submit an application. Solicited applications are active
for 180 days, after which you must reapply.
GENERAL NOTICE
These Terms of Use will be governed and be interpreted pursuant to the laws
of the State of Texas, United States of America, notwithstanding any
principles of conflicts of law. Any legal action or proceeding relating to your
access to, or use of the Website or these Terms of Use shall be instituted only
in a state or federal court located in Williamson County, TX. You and AMS
agree to submit to the jurisdiction of, and agree that venue is proper in, these
courts in any such legal action or proceeding. If any part of these Terms of
Use is unlawful, void, or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability of any remaining provisions.
Possible evidence of use of the Website for illegal purposes will be provided
to law enforcement authorities. This is the entire agreement between the
parties relating to the use of the Website. AMS products and services are
available in various parts of the world. However, the Website may describe
products and services that are not available worldwide. The Website may be
linked to other sites which are not maintained by AMS. AMS is not responsible

for the content of those sites. The inclusion of any link to such sites does not
imply endorsement by AMS of the sites.
 
TRADEMARK AND COPYRIGHT NOTICES
The Website contains many of the valuable trademarks and service marks
owned and used by AMS throughout the United States. These trademarks
and service marks distinguish AMS’s quality products and services. The
content, arrangement and layout of the Site, including, but not limited to, the
trademarks, service marks, package designs, text, and content, are
proprietary and are protected from copying, imitation, communication, or
simulation under domestic and international laws and are not to be
reproduced, communicated, displayed, distributed, or transmitted without the
express written permission of AMS. The Website may also contain references
to other company, brand and product names. These company, brand and
product names are used herein for identification purposes only and may be
the trademarks of their respective owners. The images of people or places
displayed, forms, structures, and graphics displayed or found within the
Website are either the property of, or used with permission by AMS. AMS may
be, but is not necessarily sponsored by or affiliated with any of owners of the
other company, brand and product name appearing on the Site, and makes
no representations about them, their owners, their products or services. The
graphic images, buttons and text contained in the Website are the exclusive
property of AMS, except where otherwise noted, and, except for personal use,
may not be copied, distributed, or displayed, or reproduced or transmitted in
any form or by any means, electronic, mechanical, photocopying, recording or
otherwise, without the prior written permission of AMS. Any unauthorized use
of the materials, structure, sequence, arrangement, or design of the Website,
or trademarks, service marks, or trade dress found within the Website may
violate civil or criminal laws, including, but not limited to, copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. By visiting the Website the User does not acquire or
obtain by implication or otherwise, any license or right to use or make
additional copies of any materials or information displayed on the Website.
The following trademarks used herein are owned by AMS: AMS, Austin
Mobile Storage and all other trademarks are the property of the respective
trademark owners.
 

The Website may link to sites not maintained or related to AMS. Hyper-text
links are provided as a service to users and are not sponsored by or affiliated
with this Website or AMS. AMS has not reviewed any or all of the sites hyper-
linked to or from this web site and is not responsible for the content of any
other sites. The links are to be accessed at the user's own risk, and AMS
makes no representations or warranties about the content, completeness, or
accuracy of these links or the sites hyper-linked to the Website. Further, AMS
does not implicitly endorse third-party sites hyper-linked to the Website.
INDEMNIFICATION You agree to defend, indemnify and hold harmless AMS,
its affiliates, parents, subsidiaries, service providers and consultants, and
each their respective directors, employees and agents, from and against any
claims, damages, costs, liabilities and expenses (including, but not limited to,
reasonable attorneys’ fees for investigating and defending any actions or
threatened actions) arising out of or related to (a) your use of the Website; (b)
any User Content or Ideas you provide; (c) your violation of these Terms of
Use; (d) your violation of any rights of another; or (e) your conduct in
connection with the Website. You shall use your best efforts to cooperate with
us in the defense of any claim. We reserve the right, at our own expense, to
employ separate counsel and assume the exclusive defense and control of
any matter otherwise subject to indemnification by you. WAIVER The delay or
omission by either party to enforce or exercise any terms or right pursuant to
these Terms of Use will not impair any such term or right nor be construed to
be a waiver thereof and shall in no way affect the other party’s right later to
enforce it. Any waiver by either party of any covenants, conditions or
agreements to be performed by the other party will not be construed to be a
waiver of any succeeding breach thereof or any covenant, conditions or
agreement herein contained.