Terms of Use

 

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  TERMS OF USE   |   PRIVACY POLICY   |   ADVERTISING POLICY  

 

TERMS OF USE

THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF ANY CHANGES.

All the content on this Web Site is Copyright ©2015 by The Andersons, Inc. All rights reserved.

 

Web Site Usage Restrictions

You may access and view the content appearing on this Web Site for personal, non-commercial use only. You may download and/or copy portions of the content for personal, non-commercial use only, provided that you: (a) retain all copyright, trademark or other proprietary notices contained on the content, (b) do not modify or alter the content in any way, and (c) do not make content available to any third party. The Andersons reserves complete title and full intellectual property rights in any content that you download from this Web Site.

You agree to use this Web Site only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions: (a) misrepresenting the identity of a user; (b) tampering in any way with this Web Site; and (c) conducting any type of fraudulent activity.


Links to Third Party Web Sites

Please understand that when you access another Web Site through this one, The Andersons can accept no responsibility for your experience with the other Web Site. Links to other Web Sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web Site.


Communications with The Andersons

We welcome your comments regarding this Web Site. However, all comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to The Andersons will be treated as nonconfidential and nonproprietary. All communications to The Andersons become the exclusive property of The Andersons and you agree that by transmitting any communications you relinquish all rights and interests in same. The Andersons shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. The Andersons shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, The Andersons discourages you from transmitting information that you do not wish to assign to The Andersons, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communications and warrant that they do not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that The Andersons may copy all or part of your communications in any response(s) it makes to you.


Intellectual Property Rights

All product trademarks and designs appearing on this Web Site are the property of The Andersons, or their respective owners. You may not use such trademarks and designs in any manner without the prior written consent of The Andersons or the respective owners.

The entire content of this Web Site including, but not limited to, text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software, is subject to copyright, trademark, or other intellectual property rights owned by The Andersons, an affiliate of The Andersons, or third parties who have granted rights to The Andersons. Except as provided in these terms and conditions, you may not copy, reproduce, prepare derivative works, distribute, perform, or display such content in any manner without the prior written consent of The Andersons or the respective owners.


Accuracy and Content

The Andersons attempts to ensure that the information provided on the Web Site is accurate. But due to the risk that the information may be compromised by software or procedural errors, The Andersons does not guarantee the accuracy or completeness of the information provided on this Web Site. The Andersons reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling charges are subject to change without notice. We apologize for any inconvenience this may cause.

The Andersons does not warrant the accuracy, integrity or completeness of the content provided on this Web Site, including any advice or similar information obtained by you from us through this Web Site. The Andersons makes no representation that the content provided on this Web Site is appropriate for use in locations outside the United States of America.


Items are limited to quantities on hand. We reserve the right to limit quantities.
Disclaimer of Warranties and Limitation of Liability for Web Site

In no event shall The Andersons, its directors, officers, employees, affiliates, successors, assigns or other representatives be liable, whether in contract, warranty, tort (including negligence-active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Web Site, or any type of advertisement, or any content on this Web Site, even if The Andersons has been advised of the possibility of such damages. If you are dissatisfied with this Web Site and the content contained thereon, your sole and exclusive remedy is to discontinue use of this Web Site.


Disclaimer of Warranties and Limitation of Liability for Merchandise

All merchandise shown on this Web Site are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. The Andersons disclaims all warranties, express or implied, including, but not limited to, Implied Warranties of Merchantability and Fitness for a particular purpose.

The Andersons disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. The Andersons’ liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.


Personal Account

If you use this Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.


Shipping – Risk of Loss

All items purchased from The Andersons are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. The Andersons is not responsible or liable for any damage arising from shipment.


Retail Return Policy

The Andersons retains the exclusive and sole right as to whether an item may be returned, exchanged or order cancelled. The Andersons thus encourages customers to use caution when placing an order, as once placed the order cannot be canceled, nor the item returned or exchanged unless The Andersons expressly consents and opens a Returns  Merchandise Authorization (“RMA”) for your return.

To obtain a refund or an exchange, prior approval must be given by The Andersons. Please call 419-891-2626 (8 am - 4 pm, Eastern Time, Monday through Friday) or log onto your account and access the RMA request form.

Generally, The Andersons will accept returns within thirty (30) days of purchase. Refunds are for the cost of product only; shipping and handling charges are not refundable.

The Andersons cannot accept returns of gas or diesel-powered items once such items have been oiled and/or gassed. If such items have been oiled or gassed, they need to be taken to an authorized service center for repair, which may or may not be covered under warranty.

The Andersons reserves the right to inspect returned merchandise to determine its condition before issuing a refund or an exchange.


Privacy

Please CLICK HERE to review our Privacy Policy.


Severability

These terms and conditions constitute the entire agreement between you and The Andersons with respect to this Web Site and they supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and The Andersons with respect to this Web Site. No modification of the terms and conditions shall be effective unless it is authorized in writing by The Andersons. If any provision of the terms and conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.  If any of the terms and conditions shall be deemed invalid, void, or for any reason unenforceable, then that specific  term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.


Choice of Law

By use of this Web Site, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and The Andersons concerning the Web Site.


Disputes

Any dispute relating in any way to your use of this Web Site or to the products or services sold or distributed by The Andersons or through the Web Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state or federal court in Lucas County, Ohio, and you consent to exclusive jurisdiction and venue in such courts.


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