Last updated: February 27, 2025
These Terms of Service (these “Terms”) govern the terms under which you (“User” or “you”) are permitted to access or use Monument Software Inc.’s (“Monument” or “we” or “us”) website at www.monument.io as well as any tenant site, leasing portal or other web property related to a self storage facility that links to, or otherwise references, these Terms (collectively, the “Services”). Companies that operate self-storage facilities and execute or agree to the terms of the Monument’s Master Services Agreement (and all documents incorporated by reference therein, collectively, the “Agreement”) are referred to as “Operators,” and Operators (and their employees and internal users) shall additionally be bound by these Terms to the extent they do not conflict with the Agreement.
An individual may use the Services in his or her capacity as (A) a prospective self-storage facility tenant; (B) a current self-storage facility tenant; or (C) Operator personnel. Where these Terms reference a specific type of user, the applicable provision will apply only to the applicable user type. Where these terms simply reference “User” or “you,” then the provision applies to any and all user types.
By accessing and using the Services, you accept and agree to be legally bound by these Terms. If you do not agree with all of the terms of this document, discontinue access to and use of the Services. THESE TERMS REQUIRE FINAL AND BINDING ARBITRATION WITH CLAIMS RESOLVED ON AN INDIVIDUAL BASIS RATHER THAN IN A CLASS ACTION, CONSENT TO OUR SMS POLICY, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will endeavor to place a notice on our Services, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
1.1 You are permitted to access and view the public portions of the Services to the extent permitted by these Terms. Monument may (but is not required to) provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Services (collectively, “Access Codes”). The content contained in restricted portions of the Services is confidential to Monument, and is provided to you for legitimate personal or business use only as permitted by the terms of such restricted portions of the Services. You agree to securely maintain, and not share with or provide to third parties, the Access Codes. Monument assumes no liability for any access to information or transactions that are executed with the Access Codes provided to you. We strongly recommend that you change the Access Codes on a periodic basis and whenever a representative terminates employment or contract or you suspect that knowledge of the Access Codes is no longer limited to those authorized by you.
2.1 Monument reserves all rights in and to the Services’s content and operation (other than the advertising, logos and other brand or marketing materials submitted by Operators, which is referred to as “Advertising”), whether under patent, copyright, publicity or moral rights, trade secret, trademark, unfair competition or other similar laws or protections in this or any other jurisdiction, whether foreign or domestic, regardless of whether or not such rights or protections are registered or perfected
(collectively, “Intellectual Property Rights”). No license to or right in any trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights or Intellectual Property Rights of Monument and/or other parties is granted to or conferred upon you.
2.2 You shall be solely responsible for all content you submit to the Services, whether as comments, chats, application information, inquiries, or e-mail messages sent to the Services’s contact e-mail address. You covenant and agree not to submit to the Services any material that is: (i) libelous, pornographic, obscene, or defamatory under any federal or state law; (ii) false, misleading or misrepresentative in any manner; (iii) an infringement on any third party’s intellectual property rights (including copyright, patent, trademark, trade secret or other proprietary rights); or (iv) an infringement on any third party’s rights of publicity or privacy. You represent and warrant that you own, or have licensed from third parties, all rights necessary to submit the content you provide to the Services. You further covenant and agree to comply with all applicable laws, statutes, ordinances, and regulations in accessing or using the Services. Without limiting the foregoing, you agree not to misrepresent your identity or to submit any identification, credit information or other application materials associated with any individual other than yourself.
2.3 You may not copy or modify the Services or any portion thereof (including any Monument or third party content on the Services). You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Services. You may not tamper with the Services or otherwise undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and/or secure operation of the Services and/or any mechanisms operatively linked to the Services. You may not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Services, nor take any action that imposes an unreasonable or disproportionately large load on the Services’s infrastructure. In addition, you agree not to use any robot, spider, other automatic device, or manual process to monitor or copy data or content on the Services without the prior express consent from an authorized Monument representative (such consent is deemed given for standard search engine technology employed by Internet search web Servicess to direct Internet users to this Services). You may not rent, lease, loan, sell, merge or redistribute the content of the Services. You may not seek to gain access to any other user’s account.
2.4 With respect to all communications that you make to Monument, including but not limited to feedback, reviews, questions, comments, suggestions and the like. You agree: (a) you shall have no right of confidentiality in your communications and Monument shall have no obligation to protect communications from disclosure; (b) Monument shall be free to reproduce, use, disclose and distribute your communications without limitation; and (c) Monument shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
2.5 The Services may contain hyperlinks to other web sites, including sites of Operators or Operator content displayed on the Services (collectively, “Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Services and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Services. Monument may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Monument does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Monument of any Other Site(s) or resources, or their content. We disclaim any liability in connection with your dealings with third parties found on or through our website or mobile application.
2.6 If you create a link from another web site to the Services, such link: (a) must not frame or create a browser or border environment around any of the content of the Services; (b) may link to, but not replicate, the content; (c) must not imply that Monument or the Services is endorsing or sponsoring the other website or its products, unless Monument has given its prior written consent; (d) must not present false information about Monument or its products or services; (e) must not use any Monument trademarks without the prior written permission from Monument; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to the Services, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to the Services for any reason in our sole and absolute discretion.
2.7 You agree that telephone calls to or from Monument or Operators may be monitored and recorded. When you provide a phone number or email address, you agree that Monument may share your contact information with Operators and Monument or Operators may contact you at that phone number or email address. You may be contacted by email and phone numbers provided directly by you or obtained through other lawful means. You consent to receive automated calls, texts, and emails. Calls or text messages may be sent to you even if your telephone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and we are not responsible for these charges. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive. For help, text HELP. Review our SMS Terms at www.monument.io/sms-terms. Your contact information will not be shared with third parties. See our Privacy Policy for more details at www.monument.io/privacy-policy.
3.1 THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MONUMENT MAKES NO WARRANTY THAT (i) THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THAT ANY ERRORS IN THE SERVICESWILL BE CORRECTED, (iii) THAT THE SERVICESWILL BE FREE FROM OR NOT SUSCEPTIBLE TO VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALICIOUS CODE OR EXPLOITS AND/OR (iv) THAT YOU MAY USE THE SERVICESWITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
3.2 Information on the Services may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Monument shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Monument reserves the right to make changes, corrections, cancellations and/or improvements to information on the Services, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction. Monument Operators whose sites are accessed via the Services are solely responsible for the accuracy of content on their websites, including but not limited to inaccuracies relating to pricing or availability.
3.3 Monument does not operate self-storage facilities (“Facilities”) and is not responsible for any action or omission taken by Operators in connection with the operation of such Facilities. Without limiting the foregoing, Monument does not (i) conduct credit checks or review application materials; (ii) make leasing decisions; (iii) make eviction decisions; (iv) determine pricing, including any applicable application fees, late payment fees or similar fees; or (v) maintain or secure Facilities (including procuring insurance for facilities). If you are a current or prospective Facility tenant, then your access and use of a Facility is subject to the terms of your lease agreement or similar contract entered into directly with the Operator of such Facility (the “Rental Agreement”). Monument is not a party to any Rental Agreement, does not set the terms applicable to any Rental Agreement, and is not liable for any obligations of the Operator or the tenant under any such Rental Agreement.
3.4 Any information that we may provide regarding a Facility is the sole responsibility of the Operator from whom such information originated, and you access all such information at your own risk, and we aren’t liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it.
4.1 A reservation is not a Rental Agreement. A reservation holds your selected unit type for you, for a specific period of time. However, Operators reserve the right to cancel your reservation, or make a unit substitution, at any time before you sign a Rental Agreement and rent a unit.
4.2 All promotions, specials, and offers are based upon unit availability and unit sizes. Please contact Operatorsdirectly to confirm the availability of a particular promotion, special, or offer. Promotions, specials, and offers cannot be combined. All promotions, specials, and offers are subject to the standard fees for rentals, such as an administration fee and the protection plan fee if applicable. Therefore, additional fees will apply if a new customer utilizes a promotion, including the “1 month free” or “month for $1” promotions. Operators are responsible for all terms and conditions governing promotions. All pricing (standard rates as well as promotions, specials, and offers) is subject to change or termination without notice. Online pricing may be lower.
4.3 As a condition of your use of reservation or online rental features, you warrant that transactions are legitimate; you have legal authority to make the transaction; all information you supply is accurate, true, and complete; you are 18 years of age.
4.4 If you make an online reservation or rental through the Services, you consent to autodial phone calls or texts at the telephone number you provided, in order to complete the transaction you requested. You may be contacted by Monument, or by an Operator.
4.5 Monument is not a party to any online reservations, rentals, or leases made through the Services. Transactions are solely between you and the Operator. Monument does not guarantee the quality, safety or legality of spaces advertised, the truth or accuracy of listings, or that a lessor will actually complete a transaction.
4.6 Monument is a Service Provider to Operators. Monument’s role is limited to advertising self storage facilities and their units and facilitating transactions between you and the Operator.
IN NO EVENT SHALL MONUMENT BE LIABLE TO YOU, ANY USERS OF THE SERVICESOR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, OR CORRUPTION OR LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT MONUMENT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USE OF THE SERVICES IS AT YOUR SOLE RISK. YOUR SOLE REMEDY IS TO STOP USING THE SERVICES. IF THIS LIMITATION IS FOUND INVALID OR UNENFORCEABLE, MONUMENT’S TOTAL LIABILITY TO YOU, ANY USERS OF THE SERVICESOR ANY THIRD PARTY, IN ANY EVENT, WILL BE LIMITED TO THE LESSER OF $300 OR, FOR MONUMENT OPERATORS, THE TOTAL FEES YOU PAY US IN THE YEAR IN WHICH THE LOSS FIRST ARISES.
You agree to indemnify and hold harmless Monument, its employees, officers, directors and members, all other Users, and other suppliers and any related third parties, against and in respect of any and all third party claims, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses (including reasonable legal fees and expenses of attorneys chosen by Monument) as and when incurred, arising out of or based upon any act or omission or alleged act or alleged omission by you in connection with your breach of these Terms. You shall promptly notify Monument of all claims and proceedings related thereto of which you become aware.
If there is a dispute between any tenant (or prospective tenant) and an Operator, you agree that Monument is under no obligation to become involved. In the event that you have such a dispute, you release Monument, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
All sales made through our Services are final, we do not offer refunds or returns. Operators may have their own refund or return policies. If you have questions regarding a purchase or would like to request a refund, please contact the Operator directly.
You can access and update your profile information by logging into your account on the Services. You may choose not to provide requested information, but that may limit the services Monumentis able to provide to you. You may also choose to close your online account by contacting us at the telephone number below, although this will affect your ability to use some of our services, such as online rentals and online auto-pay.
We may retain certain information associated with your account even after it is closed. You may unsubscribe from marketing emails. You may or may not be able to unsubscribe from transactional emails. You may be able to request transactional information be sent to you by text message. If you participate in our text message system you will be able to opt out. Contact us at the telephone number provided below if you need assistance.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Monument and limits the manner in which you can seek relief from Monument. Both you and Monument acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Monument’ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Dallas County, Texas. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Monument will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Monument will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Monument may assert claims, if they qualify, in small claims court in Dallas County, Texas or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND Monument WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Monument are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Monument over whether to vacate or enforce an arbitration award, YOU AND Monument WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Monument is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Monument to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Monument agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Dallas County, Texas, or the federal district in which that county falls.
(g) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Monument.
Please contact us with any questions or comments at:
Monument Software, Inc.
PO Box 670205
Dallas, TX 75367
