Terms of Use

Terms of Use
Hendrickson Holdings, L.L.C.

Effective Date: November 1, 2011
Last Updated: July 1, 2025

Please read these Terms of Use (“Terms”) carefully. They govern your use of the websites (including mobile websites), applications, or other services operated by Hendrickson Holdings, L.L.C., its divisions and affialiates  (collectively referred to herein as “Hendrickson,” "we," "us," and "our") where these terms appear and all features and services available thereon (collectively, the "Hendrickson Property").
Limitation and liability exemption clauses may be highlighted in bold or be capitalized for your special attention, without prejudicing your sole responsibility of having read and understood the Terms.
These Terms represent a binding contract between you and Hendrickson. By creating an account or otherwise using the Hendrickson Property (except for the limited purpose of reviewing these Terms or other agreements or policies on the Hendrickson Property), you expressly represent that you (i) are legally competent to enter into this agreement, (ii) are above the age of majority in your jurisdiction of residence, and (iii) agree to be bound to and abide by these Terms. If you do not agree to be bound by any provision of these Terms, or if these Terms are not enforceable where you are located, you may not use the Hendrickson Property.
You further represent that you are an individual using the Hendrickson Property on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “organization”). As such, you are agreeing to these Terms on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both the individual using the Hendrickson Property and to any such organization, unless context requires otherwise.

Certain areas, features, or functionalities of the Hendrickson Property may be subject to different or additional terms, rules, guidelines, or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means. All Additional Terms provided to you are hereby incorporated by reference into these Terms. Any reference to the “Terms” in this agreement includes the Additional Terms. From time to time, such Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control.
NOTICE REGARDING ARBITRATION: TO THE EXTENT PERMITTED BY LAW, PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY UNLESS THE LAWS OF THE COUNTRY IN WHICH YOU ARE LOCATED PREVENT SUCH WAIVERS.
ACCOUNT CREATION AND PASSWORDS
To access certain portions of the Hendrickson Property, you may be required to create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, or otherwise act in a false or misleading manner during the account creation process, we reserve the right to terminate your account and suspend your use of the Hendrickson Property besides reserving the right to proceed legally against you as per the extant laws in your jurisdiction.
Further, you are responsible for preserving the confidentiality of your account password and agree to notify us promptly of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.
SITE CONTENTS
Unless otherwise noted, all materials, including images, software, illustrations, designs, icons, photographs, video clips, audio clips, and other materials that appear as part of the Hendrickson Property, and the design, selection, and arrangement thereof (collectively, the "Contents") are the exclusive property of Hendrickson or our licensors and may not be used or exploited in any manner without our prior written consent.
We are providing you with access to the Hendrickson Property and the Contents pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. The Hendrickson Property and the Contents may be used solely for noncommercial purposes. This license is available to you unless and until you or we terminate these Terms, we otherwise suspend your access to the Hendrickson Property, or you are barred from using the Hendrickson Property by applicable law. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.  
Under this license, you are permitted to use the Hendrickson Property and the Contents in the following ways: (i) you may access and browse the Hendrickson Property, and use the features and functionalities made available to you thereon, using a device that you own or are authorized to use (a “Device”); (ii) you may download the Contents from the Hendrickson Property and print out a hard copy for your personal use only, provided that you do not modify the Contents in any way and do not remove or alter any copyright or other notice contained thereon; (iii) you may install a copy of any mobile applications that we make available from time to time (collectively, the “Apps”) on a Device; and (iv) your Device may temporarily store copies of the Contents incidental to your use of the Hendrickson Property.      
No right, title, or interest in any of the Contents is transferred to you as a result of your use of the Hendrickson Property and the Contents pursuant to this license. We retain complete title and full intellectual property rights in all of Content. Except as expressly provided for in this section, you may not copy, lease, lend, reproduce, publish, transmit, disseminate, distribute, display, modify, reverse engineer, create derivative works from, sell, or participate in or exploit in any way, in whole or in part, any of the Contents or the Hendrickson Property. Any unauthorized use of the Contents may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
USER CONDUCT
By using the Hendrickson Property, you agree not to share any User Content (defined below) or otherwise use the Hendrickson Property in any manner that:

• Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
• Interferes with or disrupts the proper functioning of the Hendrickson Property or the services connected to the Hendrickson Property;
• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes Hendrickson to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Is unlawful, false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, embarrassing, obscene, libelous, invasive of another’s privacy, hateful, or discriminatory based on race, ethnicity, nationality, sex, sexuality, gender, disability, or age;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Hendrickson Property or any portion thereof;
• Violates, or encourages anyone to violate, these Terms or any applicable local, state, national, or international law, regulation, or order;
• Allows you to collect or store personal data or personal information about other users, and you may not collect or store personal data or personal information about other users;
• Is for any commercial transaction that is unrelated to the purpose for which the Hendrickson Property was provided;
• Engages in other activities that are prohibited by applicable laws, regulations, policies and in violation of public order, good customs and social morality as well as those actions infringing on the legitimate rights and interests of any other individuals, companies, social groups and organizations.

Hendrickson shall have the right—but, to be clear, not the obligation—to monitor, evaluate, and analyze any use of and access to the Hendrickson Property, to the extent permitted by applicable laws and for the purpose or determining or enforcing compliance with these Terms. Further, Hendrickson shall be free to delete, remove, or refuse to post any User Content if we determine that the content violates these Terms. You further agree that Hendrickson shall not be responsible for or liable to you with respect to any other user’s conduct that is prohibited under these Terms.  
To the extent permitted by applicable law, you agree that Hendrickson has the right to (i) disclose your identity or other relevant information about you to any third party who claims that User Content posted by you violates their rights; (ii) take legal action, including referral to law enforcement, with respect to any illegal or unauthorized use of the Hendrickson Property; and (iii) cooperate with any law enforcement authorities, court order, subpoena, summons, discovery obligation or other legal process requesting, requiring, or directing us to disclose the identity or other information of any user of the Hendrickson Property. You hereby waive any claims related to or resulting from any action or inaction of Hendrickson with respect to (i) monitoring the use of the Hendrickson Property; (ii) deleting, removing, modifying, or refusing to post or respond to any User Content; (iii) determining or enforcing compliance with these Terms; and (iv) cooperating with law enforcement on any matter related to the Hendrickson Property.
Notwithstanding the use restrictions in this section, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about Hendrickson, its employees or agents, or its products or services, to the extent that such Reviews are protected under applicable law.
USER CONTENT & LICENSE GRANT TO HENDRICKSON
From time to time on certain areas of the Hendrickson Property you may be able to submit reviews and certain other materials ("User Content").
By displaying, submitting, publishing, or otherwise posting or sharing (“sharing”) any User Content on or through the Hendrickson Property, you hereby grant to Hendrickson a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, translate, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain any ownership rights that you have in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these terms and the license described herein. You represent and warrant that (i) you own any User Content shared by you on the Hendrickson Property, (ii) you otherwise have all rights needed to grant the license set forth herein, and (iii) our use of the User Content pursuant to this license does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You acknowledge that your User Content may contain concepts, ideas, proposals, suggestions and the like relating to Hendrickson, the Hendrickson Property, or our business and activities and initiatives ("Ideas"). With respect to Ideas, you acknowledge that: (a) Hendrickson receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Hendrickson's review of the Ideas is not an admission of novelty, priority or originality; (b) Hendrickson shall be free to use your Ideas for any purpose whatsoever, including developing, manufacturing, and marketing products and services incorporating such information; and (c) any such use shall be without any financial obligation or liability to you.
VIDEO CONTENT ON THE HENDRICKSON PROPERTY
The Hendrickson Property may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Video Content is provided for the purpose of enhancing the user experience on the Hendrickson Property and is, therefore, provided in connection with Hendrickson’s business activities related to manufacturing for the transportation industry. Hendrickson is not in the business of renting, selling, or delivering Video Content in a commercial manner. By using the Hendrickson Property, you agree that Hendrickson is not a “video tape service provider” as defined in the Video Privacy Protection Act (“VPPA”), 18 U.S.C.A. § 2710.
Further, the Hendrickson Property may utilize online tracking technologies and code-based tools, including social media pixels, software development kits, and cookies that collect and track information about your activity on the Hendrickson Property (collectively, “Targeting Tools”). Targeting Tools may result in information about your activity on the Hendrickson Property being collected or transmitted from your browser to Hendrickson and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites. Whether Targeting Tools on the Hendrickson Property result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of Hendrickson’s knowledge or control, including what third-party websites you use, what information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of third-party websites. As such, you hereby acknowledge and agree that, if Targeting Tools on the Hendrickson Property result in your browser’s transmission of information to third-party websites, (i) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by Hendrickson under the VPPA and (ii) to the extent permitted by law, you will not initiate any litigation or otherwise assert any claim against Hendrickson based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other statute, regulation, or cause of action.
SITE TRANSACTIONS
The Hendrickson Property may permit you to purchase certain products or services (“Orders”). If you wish to place an Order, you will be asked to supply certain information, including information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY ORDER. You further agree to provide current, complete, and accurate information for all Orders placed on the Hendrickson Property. You agree to promptly update your account and other information, as applicable, so that we can complete your Order and contact you as needed. By submitting any information in connection with an Order, you grant to Hendrickson the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of an Order.
Hendrickson’s acknowledgement of an Order means that your Order request has been received; it does not mean that your Order has been accepted or shipped or that the price or availability of an item has been confirmed. We, acting reasonably, reserve the right to refuse service, terminate accounts, or cancel or modify Orders and shall have no liability to you other than refunding your Order, if applicable. Without limiting the foregoing, we may, acting reasonably in our sole discretion, limit or cancel quantities purchased per person, per household, or per Order. These restrictions may include duplicate Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. If we make a change to or cancel an Order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the Order was made. For the avoidance of doubt, nothing in this paragraph excludes or limits guarantees provided by applicable laws, including the Australian Consumer Law at Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”) and the Consumer Guarantees Act 1993 (NZ) (“New Zealand Consumer Law”).
Purchase of our merchandise for resale purposes is not authorized. We reserve the right to limit or prohibit orders that appear to be placed by unauthorized dealers, resellers or distributors, and to cease doing business with such customers, with no further notice.
You agree to pay all charges that may be incurred by you or on your behalf through the Hendrickson Property and notified to you, at the price in effect when such charges are incurred including, all shipping and handling charges. You remain solely responsible for any taxes that may be applicable to your Orders. Further, it is your responsibility to ascertain and obey all applicable local, state, provincial, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from the Hendrickson Property. By placing an Order, you represent that the products or services will be used only in a lawful manner. Any offer for any product or service made on the Hendrickson Property is void where prohibited.
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Hendrickson Property passes to the purchaser upon delivery to the carrier.
PRODUCT & SERVICE DESCRIPTION, AVAILABILITY & INFORMATION
Hendrickson strives to be as accurate as possible and eliminate errors on the Hendrickson Property. However, there may be information on the Hendrickson Property that contains typographical errors, inaccuracies, or omissions and they may relate to product or service descriptions, pricing, promotions, offers and/or availability. Certain products or services advertised on the Hendrickson Property may have limited quantities and may not always be available, or may be available only in certain geographic regions.   
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Hendrickson Property at any time and without prior notice. If any errors, inaccuracies, or omissions affect an Order you have already placed, your sole remedy is to cancel, return, or exchange your order, to the extent available under any applicable Hendrickson policies. Unless expressly stated otherwise, the prices displayed, if any, on the Hendrickson Property are quoted in U.S. Dollars and are subject to change without notice. 
Similarly, we strive to display the colors of our products as accurately as possible, but we cannot guarantee that your monitor’s or other device’s display of these colors will always be accurate. Differences in color and other variations in the products displayed on the Hendrickson Property may be possible because of differences in display technologies or other technical reasons. Unless expressly stated otherwise by Hendrickson, if a product or service offered on the Hendrickson Property is not as described or pictured, or otherwise does not meet your expectations, your sole remedy is to seek a refund, to the extent available under any applicable Hendrickson policies. For the avoidance of doubt, nothing in this paragraph excludes or limits guarantees provided by applicable laws, including the Australian Consumer Law or New Zealand Consumer Law.
LINKS TO THE HENDRICKSON PROPERTY
You are permitted to establish a hyperlink to a homepage of the Hendrickson Property, provided that (i) you do so in a manner that is fair, legal, and does not state or imply any sponsorship, endorsement of or affiliation with the originating website, application, or service (the “Originating Site”) by Hendrickson absent our express, written consent; (ii) the Originating Site contains no content that you would be prohibited from posting on the Hendrickson Property pursuant to these Terms or any applicable law; (iii) the Originating Site is owned by you or you have express written consent from the owner to establish the link; and (iv) you do not establish a deep-link or otherwise link to any page other than the homepage of the Hendrickson Property. You agree to cooperate with us as requested to remove any links that we determine violate these Terms. We reserve the right to withdraw linking permission at any time and without notice.
LINKS TO EXTERNAL SITES
Through the Hendrickson Property, you may be able to access links to other websites (“External Sites”). Because we have no control over External Sites, you acknowledge and agree that we are not responsible for, and have no liability with respect to, the availability (or unavailability) of External Sites, for the treatment of your personal data or personal information by the persons or entities that control External Sites, or for the information, products, content, or other materials on or available from External Sites. If you would like information on any External Site’s privacy or other policies, you should contact that party directly.
PRIVACY
Your submission of personal data or personal information through the Hendrickson Property is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.
DISCLAIMER OF WARRANTY
YOUR USE OF THE HENDRICKSON PROPERTY IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE HENDRICKSON PROPERTY AND THE CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON‑INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HENDRICKSON OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE MAKE NO WARRANTY, CONDITION, OR REPRESENTATION AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, EFFECTIVENESS, OR COMPLETENESS OF ANY INFORMATION, CONTENT, OR COMMUNICATION OBTAINED THROUGH USE OF THE HENDRICKSON PROPERTY. WE ALSO DISCLAIM ANY WARRANTY, CONDITION, OR REPRESENTATION THAT (A) THE HENDRICKSON PROPERTY WILL MEET YOUR REQUIREMENTS; (B) THE HENDRICKSON PROPERTY'S OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (C) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE HENDRICKSON PROPERTY WILL MEET YOUR EXPECTATIONS.
FURTHER, YOU UNDERSTAND AND AGREE THAT, UNLESS WE EXPRESSLY STATE IN WRITING THAT A WARRANTY APPLIES, THE PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE ON THE HENDRICKSON PROPERTY ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION, OR GUARANTEE OF ANY KIND, EITHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS, SO THIS PROVISION MAY NOT APPLY TO YOU IN WHOLE OR IN PART. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO DISCLAIM ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. HOWEVER, YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
THE ABOVE DISCLAIMER DOES NOT APPLY TO, OR LIMIT, ANY WARRANTIES OR GUARANTEES AFFORDED TO AUSTRALIAN OR NEW ZEALAND USERS UNDER APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW AND NEW ZEALAND CONSUMER LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HENDRICKSON, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS (THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY OF THE FOLLOWING DAMAGES (IF ANY) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HENDRICKSON PROPERTY OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE HENDRICKSON PROPERTY: (1) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGE OR LOSS; (2) LOSS OF PROFITS, GOODWILL, USE, OR DATA (WHETHER DIRECT OR INDIRECT) (3) ANY DAMAGES (INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE) ARISING FROM CAUSES BEYOND THEIR REASONABLE CONTROL, OR (4) ANY DAMAGES ARISING FROM THE CONDUCT OF, OR YOUR INTERACTIONS WITH, OTHER USERS OF THE HENDRICKSON PROPERTY.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR DAMAGE OR LOSS ARISING FROM ACCESS OF THE DATA STORED OR COMMUNICATED THROUGH THE HENDRICKSON PROPERTY BY THIRD PARTIES THROUGH ILLEGAL OR ILLICIT MEANS, INCLUDING SITUATIONS WHERE SUCH DATA IS ACCESSED THROUGH THE EXPLOITATION OF SECURITY GAPS, WEAKNESSES, OR FLAWS (WHETHER KNOWN OR UNKNOWN TO US AT THE TIME) THAT MAY EXIST IN THE HENDRICKSON PROPERTY. MORE GENERALLY, when using the HENDRICKSON PROPERTY, information will be transmitted over a medium which is beyond the control and jurisdiction of THE RELEASED PARTIES Accordingly, THE RELEASED PARTIES SHALL HAVE no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the HENDRICKSON PROPERTY.   
SUBJECT TO THE PRECEDING PARAGRAPHS IN THIS SECTION, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE (DEFINED BELOW) EXCEED THE GREATER OF (I) $100 USD OR (II) THE AMOUNT YOU PAID TO HENDRICKSON IN CONNECTION WITH YOUR USE OF THE HENDRICKSON PROPERTY IN THE 12-MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR FIRST CLAIM RELATED TO THE DISPUTE AROSE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS SECTION APPLY regardless of legal theory ASSERTED, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE RELEVANT LIABILITY, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES, SO SOME ASPECTS OF THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY DAMAGES OR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. IN ANY SUCH CASES, THE TERMS OF THIS SECTION SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
IN RELATION TO AUSTRALIAN AND NEW ZEALAND USERS, THE ABOVE LIMITATION OF LIABILITY ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW INCLUDING THE AUSTRALIAN CONSUMER LAW AND NEW ZEALAND CONSUMER LAW.
INDEMNIFICATION
You agree to indemnify, hold harmless, and (at Hendrickson’s option) defend Hendrickson from and against any and all claims, demands, losses, and expenses, including penalties, interest, and attorneys' fees incurred by us in connection with (1) your breach of these Terms, (2)  any User Content that you share, and (3) your violation of any law or the rights of a third party, including, your violation or infringement of copyrights, trademarks, or any other proprietary rights.
We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.
DISPUTES & ARBITRATION
If there is any controversy, claim, action, or dispute between you and Hendrickson arising out of or related to your use of the Hendrickson Property or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and Hendrickson agree to resolve the Dispute through the dispute resolution procedures set forth in this section, even if that Dispute arose prior to the Effective Date of these Terms.

1. Informal Dispute Resolution

You and Hendrickson agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”). 
All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Hendrickson. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.  
Dispute Notices shall be sent to:

• To Hendrickson: You must send notice (1) by electronic mail to privacy@hendrickson-intl.com  and (2) by first-class or certified mail to Hendrickson Holdings, L.L.C., Attn: VP of Human Resources 840 S. Frontage Road Woodrige, Illinois 60517 USA.
• To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and Hendrickson will attempt to resolve the Dispute through informal negotiation within sixty (60) calendar days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Hendrickson (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Hendrickson will participate in the Conference through one or more representatives, which may include our counsel.
Both you and Hendrickson agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

2. Individual Arbitration

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND HENDRICKSON AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.  THE WAIVER DOES NOT APPLY IF THE LAWS OF THE COUNTRY IN WHICH YOU ARE LOCATED PREVENT THESE WAIVERS.
All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The arbitration shall be conducted in accordance with the JAMS Mass Arbitration Procedures & Guidelines (“Mass Arbitration Prcedures”) (https://www.jamsadr.com/mass-arbitration-procedures), and the corresponding fee schedule, if the Dispute is part of a Mass Arbitration, as defined in the Mass Arbitration Procedures. Unless the applicable JAMS rules require otherwise, any hearings will occur in the Chicago, Illinois area; provided, however, that if the claim is for $5,000 or less, you or we may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance-based hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Hendrickson agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this section of the Terms or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

3. Exceptions

Notwithstanding any other provision of this section, you or Hendrickson may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights (so long as the action is brought and maintained on an individual basis).
In addition, nothing in these Terms prohibits you or us from: (1) bringing issues to the attention of federal, state, provincial, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa) or (2) if you are an Australian user, bringing an action for any rights or remedies which cannot be excluded under applicable law.
CHOICE OF LAW AND CHOICE OF FORUM
These Terms have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of Illinois, without giving effect to any conflict of laws principles. You and Hendrickson acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Illinois, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You hereby acknowledge and agree that the above provision is reasonably necessary to protect our legitimate interests, particularly our desire to avoid litigation in multiple jurisdictions given we provide Hendrickson Property to users globally and to handle disputes in an efficient manner.
MODIFICATION AND TERMINATION OF THESE TERMS AND THE HENDRICKSON PROPERTY
A. Changes to these Terms.
We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. For material changes that will impact your use of Hendrickson Property, we will seek to supplement such notice by email, a pop-up message on the Hendrickson Property, another prominent notice on the Hendrickson Property, or by other reasonable means and provide you with at least 30 days‘ notice of this change. Your use of the Hendrickson Property following any expiry of the notice period will constitute your acceptance of the Terms as modified.
B. Termination of these Terms.
These Terms will continue to apply to you until terminated by either you or Hendrickson. We may terminate these Terms or suspend your access to the Hendrickson Property at any time if we reasoanably determine that you have breached any of these Terms, if we stop providing the Hendrickson Property or any material component thereof, or as we believe necessary to comply with applicable law. You may terminate these Terms at any time by sending an email to privacy@hendrickson-intl.com. If you or we terminate these Terms, or if we suspend your access to the Hendrickson Property, you agree that (i) your right to access and use the Hendrickson Property ceases immediately and (ii) we shall have no liability or responsibility to you, and (except as expressly provided in these Terms or required by applicable laws, including the Australian Consumer Law and New Zealand Consumer Law) we shall have no obligation to refund any amounts that you have already paid to us.
The following provisions shall survive the termination of these Terms: This section; the sections SITE CONTENTS, USER CONTENT & LICENSE GRANT TO HENDRICKSON, VIDEO CONTENT ON THE HENDRICKSON PROPERTY, DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION, DISPUTES & ARBITRATION, CHOICE OF LAW AND CHOICE OF FORUM, and MISCELLANEOUS; and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.
C. Modifications to the Hendrickson Property.
We also may change, restrict access to, suspend or discontinue the Hendrickson Property, or any portion of the Hendrickson Property, at any time, with or without notice. You understand, acknowledge, and agree that Hendrickson will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Hendrickson Property, to the maximum extent permitted by applicable law.

MISCELLANEOUS

1. Interpretation.

In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation.” Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Hendrickson, such decision or action shall be made, taken, or refrained from in Hendrickson’s sole discretion and judgment.

2. No waiver.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Hendrickson does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Hendrickson has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Hendrickson’s rights, and all such rights or remedies shall still be available to Hendrickson.

3. Severability.

If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

4. Entire Agreement.

These Terms and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Hendrickson Property.

5. Assignment.

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

6. No Relationship.

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Hendrickson.

7. Availability.

This Hendrickson Property may have visitors from various states in the United States and other countries. It may contain references or cross-references to Hendrickson products, programs and services that are not available in your jurisdiction. These references do not mean that Hendrickson will make such products, programs, or services available to residents in your state. Our website is not intended as a solicitation to you if you live in a state or country where we are not allowed to do business.

8. Notice to California Residents.

You may reach Hendrickson at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
With respect to any limitations or disclaimers of warranties or liability included in these Terms, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

1. Admissibility.

You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Hendrickson Property to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

10. Language

Please note that both the English and French versions of these Terms have equal legal value. The French version of these Terms of Use is available upon request.
Veuillez noter que les versions anglaise et française de ces conditions d’utilisation ont la même valeur juridique. La version française des conditions d’utilisation est disponible sur demande.
CONTACT US
If you have any questions, comments or concerns about these Terms, please contact us at:

• Hendrickson Holdings, LLC

Attn: VP of Human Resources
840 S. Frontage Road
Woodridge, IL 60517 USA
© 2025 Hendrickson Holdings, L.L.C.