Terms and Conditions

  • Website Agreement

    Terms

    By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

    Use License

    Permission is granted to temporarily download one copy of the materials (information or software) on Trace Analytics, LLC’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Trace Analytics, LLC’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.

    This license shall automatically terminate if you violate any of these restrictions and may be terminated by Trace Analytics, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

    Disclaimer

    The materials on Trace Analytics, LLC’s web site are provided “as is”. Trace Analytics, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Trace Analytics, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

    Limitations

    In no event shall Trace Analytics, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Trace Analytics, LLC’s Internet site, even if Trace Analytics, LLC or a Trace Analytics, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

    Revisions and Errata

    The materials appearing on Trace Analytics, LLC’s web site could include technical, typographical, or photographic errors. Trace Analytics, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Trace Analytics, LLC may make changes to the materials contained on its web site at any time without notice. Trace Analytics, LLC does not, however, make any commitment to update the materials.

    Links

    Trace Analytics, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Trace Analytics, LLC of the site. Use of any such linked web site is at the user’s own risk.

    Site Terms of Use Modifications

    Trace Analytics, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

    Prohibitions

    You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Trace Analytics, LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

    Governing Law

    Any claim relating to Trace Analytics, LLC’s web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

    Payments

    Terms: Unless otherwise stated, all invoices are Net 30. Full payment is due within 30 days from the date of the invoice.

    Late Payment Charge: Invoices not paid within 45 days of the date of the invoice will be considered delinquent and all amounts due thereafter are subject to a 0.5% – 0.83% monthly finance charge.

    Check Payments: If paying by check, please reference the Invoice Number.

    Credit Cards Payments: We accept Visa, MasterCard, AmEx, and Discover cards.

    Online Payments: Secure payment options are available at www.airchecklab.com and https://buy.airchecklab.com. To retrieve a quote: Navigate to Products » Invoice/Quote Retrieval, and enter your Customer Number and Invoice Number.

    LIMITATION OF LIABILITY: In recognition of the relative risks and benefits of the Project to both the CLIENT and TRACE ANALYTICS, and in order for CLIENT to obtain the benefit of a fee which includes a lesser allowance for risk funding, the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of TRACE ANALYTICS and TRACE ANALYTICS’ officers, directors, partners, employees, shareholders, owners and sub-consultants for any and all claims, losses, costs, and damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of TRACE ANALYTICS and TRACE ANALYTICS’ officers, directors, partners, employees, shareholders, owners and sub-consultants shall not exceed the amount of the total fee charged by TRACE ANALYTICS’ to CLIENT for services rendered on the Project. It is intended that this limitation shall apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract, by statute, or in equity.

  • Terms & Conditions – E-commerce Store

    In General Trace Analytics, LLC owns and operates this Website. This portion of the document governs your relationship with [https://buy.airchecklab.com/] (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

    Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

    This Website may contain links to other websites (the “Linked Sites”), which are not operated by Trace Analytics, LLC. Trace Analytics, LLC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

    Privacy Policy

    Our privacy policy, which sets out how we will use your information, can be found at https://www.airchecklab.com/terms-and-conditions/ – privacy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

    Prohibitions

    You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Trace Analytics, LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

    Intellectual Property, Software and Content

    The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.airchecklab.com / https://buy.airchecklab.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.airchecklab.com / https://buy.airchecklab.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

    Terms of Sale

    By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force of nature for which we will not be responsible.

    In order to enter into a contract with www.airchecklab.com / https://buy.airchecklab.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Trace Analytics, LLC retains the right to refuse any request made by you. If your order is accepted we will inform you by confirmation email and we will confirm the identity of the party which you have contracted with. This will be Trace Analytics, LLC or may, in some cases, be a third party (ex. Shipping provider, payment processing). Where a contract is made with a third party, Trace Analytics, LLC is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products, international shipping, and international services may fluctuate. All prices advertised are subject to such changes.

    All services provided via our online store are performed within Trace Analytics Scope of Accreditation, A2LA certificate number 0322.1. Unless otherwise specified, Trace Analytics, LLC will choose the appropriate methods to perform the services requested. Should other methods be requested, Trace Analytics, LLC will contact and work with the customer in order to provide appropriate service.

    (a) Our Contract

    When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order and payment. If orders are placed after 2PM CST, the review process will begin on the following business day. A review process will follow. A customer service representative will contact you to verify the order and ensure that the services are appropriate to your needs. If your customer service representative catches a possible mistake, and a change must be made to this order, you will be contacted within 2 business days. Any amendment, either spoken or written, will annul previous contracts and constitute a final contract with Trace Analytics, LLC replacing the original online purchase made with https://buy.airchecklab.com. If your order is approved without revision then the contract will take effect immediately. Once the review process has been completed, and the contract has been amended, your equipment and media will be sent. The shipping provider will send you a confirmation by e-mail upon dispatch of your goods.

    (b) Pricing and Availability

    Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods or services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already paid for the goods, and the goods have not already shipped, you will receive a full refund.* If the goods have already been shipped Trace Analytics, LLC will refund your purchase, including shipping, once the goods have been returned in a timely manner. Unused services (ex. Analyses) and kits will be fully refunded. All media and used kits will be subject to a restocking fee. Rental kits will not be included within the refund. For national orders, packages should be received within 2 weeks following notification of the cancellation, and 4 weeks for international orders.

    * Shipping costs will not be refunded if goods have already been shipped prior to cancellation. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

    (c) Payment

    Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction.** Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

    You may see an authorization for $1 on your credit card statement. These are not actual charges, and are reversed immediately. Depending on your bank, these charges will disappear from your statement in anywhere from a few minutes to a few weeks. This is part of our credit card verification that our payment processor performs with your bank to verify that your card is valid.

    **See Stripe T&C Trace Analytics, LLC uses a third-party payment process. By submitting your purchase online, you agree to Trace Analytics, LLC, Stripe, and Authorize.net payment terms.

    Credit Card Payments

    We accept Visa, MasterCard, AmEx, and Discover cards.

    Declined Payment Charge

    If a payment is declined the purchase and contract will be null and void.

    Disclaimer of Liability

    The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.airchecklab.com / https://buy.airchecklab.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.airchecklab.com / https://buy.airchecklab.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

    Limitation of Liability

    In recognition of the relative risks and benefits of the Project to both the CLIENT and TRACE ANALYTICS, and in order for CLIENT to obtain the benefit of a fee which includes a lesser allowance for risk funding, the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of TRACE ANALYTICS and TRACE ANALYTICS’ officers, directors, partners, employees, shareholders, owners and sub-consultants for any and all claims, losses, costs, and damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of TRACE ANALYTICS and TRACE ANALYTICS’ officers, directors, partners, employees, shareholders, owners and sub-consultants shall not exceed the amount of the total fee charged by TRACE ANALYTICS’ to CLIENT for services rendered on the Project. It is intended that this limitation shall apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract, by statute, or in equity.

    Linking to this Website

    You may link to any www.airchecklab.com page, provided you obtain Trace Analytics, LLC approval and do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

    Disclaimer as to ownership of trademarks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.airchecklab.com / https://buy.airchecklab.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.airchecklab.com / https://buy.airchecklab.com.

    Indemnity

    You agree to indemnify, defend and hold harmless www.airchecklab.com / https://buy.airchecklab.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

    Variation

    www.airchecklab.com / https://buy.airchecklab.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

    Invalidity

    If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

    Complaints

    We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

    Waiver

    If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

    Entire Agreement

    The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.airchecklab.com / https://buy.airchecklab.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director/Chief Officer of Trace Analytics, LLC.

  • Shipping Policy

    Thank you for visiting and shopping at Trace Analytics LLC website. Following are the terms and conditions that constitute our Shipping Policy.

    Terms of Shipping

    Where a contract is made with a third party (ex. shipping agent), Trace Analytics, LLC is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that the shipping address you provide is accurate to the best of your knowledge and authorized by the cardholder. The cost of foreign products, international shipping, and international services may fluctuate. All prices advertised are subject to such changes.

    All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from shipping delays or force of nature for which we will not be responsible. Some orders may be subject to review due to the complex nature of the service ordered or confirming unique orders that may need additional information, which may result in further delay.

    Since weights and packaging vary greatly, price is custom to your order and shown at checkout. By submitting your order you agree to these prices, and authorize said transaction.

    Shipping rates & delivery estimates

    Shipping charges for your order will be calculated and displayed at checkout.

    Tax charges shown during checkout will only apply to taxes on shipping and products for Texas addresses. Tax exempt purchases will require further review and proof of exemption.

    Overnight delivery is only available for orders with delivery addresses within the continental United States.

    Delivery delays outside of Trace Analytics’ control can occasionally occur.

    Domestic Shipping Policy

    Shipment processing time All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or US holidays.

    If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

    Orders cannot be shipped to PO Boxes.

    International Shipping Policy

    Prices are shown in US dollars.

    Any VAT, tariff, duty, taxes, handling fees, customs clearance charges, etc. required by your country for importing consumer goods are not included in displayed prices. Since these fees are subject to change and vary widely around the world, we do not collect this beforehand and cannot give you an estimate of the cost. Please prepare for your delivery by arranging for payment of additional fees and pick up on your end so your package is successfully cleared through customs and your package is not delayed or returned.

  • Equipment Rental Agreement

    This Equipment Rental Agreement (“Agreement”) is effective as of the date of shipment from Trace Analytics, LLC (“Effective Date”), and is made between Trace Analytics, LLC, a limited liability company organized under the laws of the State of Texas, with offices at 15768 Hamilton Pool Rd, Austin TX 78738 (“Owner”), and the online purchaser requiring rental equipment (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.

    Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement: AirCheck Kit (“Equipment”).

    Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is returned to Owner. Renter shall return the Equipment after one week of use from the Effective Date, unless terminated earlier consistent with the terms herein or extended in writing and paid for upfront.

    Payment. Renter shall pay the following online: Owner online order Summary. Renter will provide credit card information and authorizes Owner to charge the debit card or credit card to pay this Purchase Summary. For additional charges, credit or debit card information will be requested as this information is not stored in our system, and a new invoice will be required. These additional charges will be applied in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:

    • charges for optional services, if any;
    • applicable taxes;
    • loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
    • a new invoice, in the amount of a new purchased kit, will be sent for late return of the Equipment or the highest amount allowable under law;
    • unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term; and
    • all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment.

    Location of Equipment. During the Term, Equipment shall be located at the shipping address provided during the online purchase unless expressly agreed otherwise in writing by Owner.

    Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.

    Repair and Alterations. The costs of all repairs made during the Term shall be paid by Renter, including but not limited to labor, material, parts and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.

    Restrictions on Use. Renter shall not:

    • permit the Equipment to be used by any person who is not authorized to use such Equipment;
    • operate or use the Equipment or permit it to be operated or used in violation of law;
    • operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
    • operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.

    Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.

    Merchantability. OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    Return of Equipment. Renter shall return Equipment 10 to 15 days (20 to 25 days for international orders) following the Effective Date, as specified above, in the same condition as Renter received it, except for normal wear and tear. Renter shall return the Equipment to the agreed return location: 15768 Hamilton Pool Rd, Austin, TX 78738. If Equipment is not returned on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment or charge you for the full price of the equipment (as if purchased new), subtracting the rental cost already paid.

    Termination. This Agreement shall terminate on the date specified under the section titled “Return of Equipment”. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.

    Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

    Ownership. Owner shall at all times retain ownership and title to the Equipment unless equipment is purchased in full from Owner. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.

    Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.

    Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.

    Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.

    Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.

    Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

    Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

    By submitting this online order, Renter acknowledges receipt of this Agreement and acknowledges having read and understood the foregoing.