2. Intellectual Property and License to Use Website
3. Acceptable Use, User Content
4. User Account
5. Consent to Collection, Use, and Disclosure of Your Personal Information.
You must disclose certain personal information and financial information to use our Site, register, and make purchases or rentals. As a condition of registering with our Site or making any purchases or rentals of any products and/or services or conduct any transactions, you consent to the collection, use and disclosure of your personal information, financial information, and other information. Any information collected through our Site may be stored and processed in the United States or any other country in which Anderson Industry operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence. While Anderson Industry takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL ANDERSON INDUSTRY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANDERSON INDUSTRY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
By using the Site, you agree to defend, indemnify and hold harmless Anderson Industry, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to (i) your use of the Site or the Content; (ii) any breach or alleged breach by you of these Terms; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; (iv) a claim alleging your negligence or willful misconduct related to the Site or Content, or the provision of any products or services to you by Anderson Industry; and (v) any User Content that you submit. You may not settle any claim without the prior written consent of Anderson Industry, which shall not be unreasonably withheld. You shall not be required to defend, hold harmless or indemnify Anderson Industry for its own wrongful acts or omissions or sole negligence.
7. Disclaimer of Warranties.
THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. ANDERSON INDUSTRY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
8. LIMITATION OF LIABILITY.
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Conditions of Business Transactions.
A. Orders and Sales
To purchase or rent any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase or rental of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales and rentals of products and services are final. All charges from those sales and rentals are nonrefundable. Certain products and services offered for sale or rental through the Site may include delivery, refueling, environmental, or other fees, as further described in the applicable Online Rental Agreement. In some cases, you may opt out of these fees through the Site or by making alternative arrangements (for example, by picking up equipment rather than having it delivered). If you have any questions about such fees, please contact us directly before completing any transaction on the Site. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or rent. Anderson Industry reserves the right at any time after receipt of your order to accept or decline your order for any reason. Anderson Industry further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Anderson Industry upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Anderson Industry shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Anderson Industry shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase or rental and your order is canceled, Anderson Industry shall immediately issue a credit to your credit card account in the amount of the charge.
B. Methods of Payment, Credit Card Terms and Taxes.
C. Modifications to Prices or Billing Terms.
ANDERSON INDUSTRY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD OR RENTED, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.