privacy policy

1.  Introduction

This Terms of Use Agreement ("Terms of Use") applies to use of the Anderson Industry website located at http:/www.androrentals.com (the "Site").  The Site is the property of Anderson Industry, LLC.  The Site is intended only for users who are above 18 years of age and reside in the United States. By using the Site, you represent and warrant that you are over the age of 18 and that you reside in and are accessing the Site from within the United States. If you do not meet these requirements, you must not access or use the Site in any way.  BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.
Anderson Industry reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time.  It is your responsibility to check these Terms of Use each time before using the Site.  Your continued use of the Site following the posting of changes manifests your agreement to the changes.  You agree that all subsequent purchases or rentals by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.  As long as you comply with these Terms of Use and any such modifications, Anderson Industry grants you ("End User") a personal, nonexclusive, nontransferable, nonsublicensable, limited privilege to enter and use the Site.

 

2.  Intellectual Property and License to Use Website

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site, is owned or licensed by or to Anderson Industry, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.  Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Anderson Industry' prior express written consent.  Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Anderson Industry reserves all rights not expressly granted hereunder.  Anderson Industry expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.  The use of any Anderson Industry trademark or service mark without Anderson Industry' express written consent is strictly prohibited. All other trademarks or service marks are property of their respective owners.

 

3.  Acceptable Use, User Content

You agree that you will not use the Site in a manner that, or submit any User Content that: (i) violates any federal, state, local, or international law or regulation; (ii) may, in our sole discretion, contribute to the harassment, exploitation, or harm of any person, including activities that may be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (iii) may expose Anderson Industry to any liability, including by posting any material that infringes on or misappropriates the intellectual property rights of third parties; (iv) may be harmful to others, Anderson Industry’ operations, or Anderson Industry’ reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. get rich quick schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices; or (v) content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, or interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, or other malware.  You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on or through the Site ("User Content") is solely your responsibility.  Anderson Industry makes no claims of ownership or control over any User Content.  You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate.  By submitting, posting or displaying User Content on or through the Site, you grant Anderson Industry a perpetual, worldwide, nonexclusive, royalty free license to reproduce, adapt, distribute and publish such User Content through the Site and as part of Anderson Industry’ services.  In addition, by submitting, posting or displaying User Content which is intended to be available to other members of the general public, you grant Anderson Industry a perpetual, worldwide, nonexclusive, royalty free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting the Site, Anderson Industry, and/or their respective services.  Anderson Industry will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site.  Anderson Industry reserves the right to refuse to accept, post, display or transmit, or to disable or terminate any post, display, or transmission of, any User Content in its sole discretion, but shall have no obligation to do so, and no obligation to monitor any User Content.  If you post User Content in any public area of the Site, you also permit any user to access, display, view, store, and reproduce such User Content for personal use.  Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. Anderson Industry may, in its sole discretion, review and remove any User Content for any reason, such as but not limited to User Content that violates these Terms, violates intellectual property and/or other laws, rules or regulations, is abusive, disruptive, offensive or illegal, violates the rights of, or harms or threatens the safety of, users of the Site or third parties, or is inconsistent with the policies or positions of Anderson Industry and/or the Site.  Anderson Industry reserves the right to expel you and/or any other users and prevent their further access to the Site and/or use of Anderson Industry services for posting User Content that is subject to termination or for otherwise violating the Terms or applicable laws, rules or regulations.  Anderson Industry may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Anderson Industry, damage Anderson Industry’ brand or public image, or cause Anderson Industry to lose users or (in whole or in part) the services of its ISPs or other vendors or suppliers.  Anderson Industry does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users, and does not adopt or endorse any opinions expressed by users.  You acknowledge that any reliance on material posted by other users will be at your own risk.  Anderson Industry reserves the right to restrict the number of posts, emails, transmissions, or other messages which a user may send or display to other users to a number which Anderson Industry deems appropriate in its sole discretion.  You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.  Anderson Industry reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright information on the Site, and to take any action they deem appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. 

 

4.  User Account

Certain services offered on or through the Site may require you to first open an Account.  You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account.  You agree to notify Anderson Industry immediately of any unauthorized use of your Account or password, or any other breach of security.  You may be held liable for losses incurred by Anderson Industry or any other user of the Site due to someone else using your password or Account.  You may not use anyone else's password or customer account at any time.  You may not attempt to gain unauthorized access to the Site.  Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated, and Anderson Industry may seek other relief.  You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by selecting the appropriate link.  You also agree that Anderson Industry may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases or rentals, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Anderson Industry will not be liable to you or to any third party for termination of your access to the Site. 

 

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.

 

6.  Indemnification.

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.

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU.  IN NO EVENT SHALL ANDERSON INDUSTRY OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE ANDERSON INDUSTRY SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ANDERSON INDUSTRY SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF ANDERSON INDUSTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT ANDERSON INDUSTRY SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO ANDERSON INDUSTRY BY YOU.  ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF ANDERSON INDUSTRY.  YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

9. General.

No delay or failure to take action under these Terms of Use shall constitute any waiver by Anderson Industry of any provision of these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of Anderson Industry' permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use shall be governed by the laws of the State of South Dakota without regard to or application of any conflict of laws and provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Day County and Brown County, in the State of Dakota. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Anderson Industry may freely assign these Terms of Use without consent or notice. These Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the Online Rental Agreement) constitute the complete and exclusive agreement between Anderson Industry and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

 

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.

All payments must be made by VISA, MasterCard, Discover, American Express, certified check or cashier's check, or, in certain cases with prior approval, purchase order, personal check or business check.  Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder.  YOU, AND NOT ANDERSON INDUSTRY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY.  You agree to pay all fees and charges incurred in connection with your purchases and rentals (including any applicable taxes) at the rates in effect when the charges were incurred.  If Anderson Industry does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Anderson Industry or its agents.  You are responsible for paying any governmental taxes imposed on your purchases and rentals, including, but not limited to, sales, use or value added taxes.  Anderson Industry shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required.

 

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.