Terms and Conditions of Sale and Website Use
Legal Disputes and Arbitration Agreement
ANR AND YOU AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. ANR AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, ANR AND YOU AGREE THAT NEITHER YOU NOR ANR MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION NOR MAY ANY SUCH CLAIMS BE PURSUED ON EITHER OF OUR BEHALF IN ANY COURT, INCLUDING ASSIGNED CLAIMS. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.
You acknowledge and agree that You voluntarily and knowingly entered into this Arbitration Agreement, and chose to purchase from ANR rather than one of its competitors who may not have an arbitration agreement.
However, before you submit a Claim for arbitration, you must first contact our customer service at www.ionlineorder.com/contactform.php, and give us an opportunity to resolve the dispute. Similarly, before ANR takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or ANR is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the American Arbitration Association's Code of Procedure.
In addition to using the online contact form, you may also contact us at:
ANR INT INC.
80 SW 8th St
Miami, FL 33130
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004177. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and ANR otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ANR submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, ANR will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
This "Legal Disputes and Arbitration Agreement" section shall survive any expiration or termination of your relationship with ANR.
- These Terms shall govern the viewing of this website, the purchase of any products from it, and the use/purchase of any services on/from it, to the exclusion of any other terms and conditions. These Terms supersede all terms and conditions that may have been published previously on this website.
- You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with this agreement.
Orders and Shipping
- We have the right to refuse to accept any orders placed for products and services.
- You are responsible for the accuracy of all information you provide that is necessary for us to process your order. If an order has not been shipped, shipped to an incorrect or invalid address due to such inaccuracy, you alone are responsible.
- Dates for delivery are estimates only and are not guaranteed. Estimates are provided by the carrier, and are subject to matter beyond our control.
- If a delivery requires a signature to confirm receipt, it is your responsibility to ensure that there is someone at the delivery address to sign for the products when delivered. It is also your responsibility to collect the products from any postal collection depot and/or arrange an alternative delivery date if you are not available to sign for the products. We will not refund orders that are refused, or that are returned because they can not be delivered.
- Products purchased are for personal use only. The products can not be resold and cannot be given to any third party.
- At our discretion, we may substitute the chosen carrier company or carrier class if we feel it is necessary or recommended.
- All items purchased are made in accordance with a shipment contract. This means that the risk of loss and title for such orders pass to you upon our delivery to the carrier. We are not responsible for safe delivery of goods once we pass the shipments to the carrier because we do not ship the products directly. If there is a problem with your shipment after we have passed your order to the carrier (including, but not limited to: products are not delivered, lost, stolen, arrive late, or are damaged in transit), you must contact the carrier:
- Tracking Numbers are only provided for shipments with in the United States. Tracking Numbers are NOT provided for shipments outside the United States. Generally international shipments take 7-10 business days from day of shipment unless customs causes a delay. Depending on the product ordered, and your local customs policy, it can take up to 6 weeks to clear customs. Please note that customs officials of any country are authorized to, and sometimes do open packages for inspection. We cannot accept responsibility for any orders delayed, confiscated or seized by foreign customs or governments. You country may also assign duties or taxes to your order. Per your local law, it is your responsibility to pay any taxes or duties assigned on an import. It is your responsibility to contact customs officials in your country for the best information on how your order will be handled by local customs PRIOR to ordering. We will not refund or accept any liability for international shipments not delivered, lost, refused, delayed, seized, or confiscated.
- We do not accept your order until we receive notice from our credit card merchant that your payment has been authorized and/or we have received payment in full in cleared funds. Orders can not be canceled once submitted.
- If for any reason payment in full is not made, we may withhold or suspend delivery of the products.
- If you select or purchase a product or service that is offered by a third party merchant outside of Company, you agree to further accept the terms and conditions of the third party company.
Terms of Guarantee on New Orders
Customer Satisfaction is our number one priority. If for any reason you are not satisfied with your order, you may return it within 30 days of the date in which your order was delivered for a full refund (including any S&H paid to us). You may send your return with in 30 days of delivery date with USPS, UPS, FedEX, or DHL to:
Returns Dept. (ANRI-00000000)
1200 Worldwide blvd
Hebron, KY 41048
-Replace "00000000" with your order number. Your order number begins with "ANRI-" and is located on your order confirmation receipt, as well as your shipment packing slip.
Your privacy is important to us. We understand the sensitivity of the personal information we collect from our customers, and we believe it is our responsibility to enforce strict privacy requirements in order to protect you.
We will not disclose, give, lend, sell, rent, or in any way distribute any of your personal information to any outside sources, except to the extent necessary to complete your order, if your permission is obtained, or if required by law enforcement. We will only use personal information to help confirm and approve all purchases in order to protect all parties from fraudulent credit card use.
When you provide us with any personal information including your name, address, e-mail and credit card number, it is processed over a secure connection on secure servers. We use Secure Socket Layers (SSL) to encrypt all information you provide before sending it to our servers. SSL is the industry standard and the best software available for secure ecommerce transactions.
Disclaimer of Warranty
THE MATERIALS CONTAINED ON THE SITE, AND OUR PRODUCTS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR PRODUCTS CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT OR PRODUCTS PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE OR THE PRODUCTS CONNECTED WITH THE SITE, EVEN IF COMPANY OR ANY COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DO NOT USE OR PURCHASE PRODUCTS FROM THIS WEBSITE IF THIS APPLIES TO YOU.
IF YOU, OR THE ENTITY YOU REPRESENT, ARE A LOCATED IN A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Except where the content in question is subject to superior Copyright, Trademark, or other Intellectual Property claims of right by third parties, The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of the website. Where superior claims exist, Merchant's use has been made in compliance with those parties' rights under the laws of the United States as well as international conventions or laws of other countries as applicable.
Limited Right to Use
The viewing of any content, graphic, form, or document from the Website grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, quote, reference, describe, link to, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Unauthorized uses of the website will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.
- You acknowledge that this website is the intellectual property of the Website, and no portion of this website may be copied, quoted, referenced, described, or linked to without the prior written consent of the Website.
- You acknowledge that this agreement is the intellectual property of the Website, and no portion of this agreement may be copied, quoted, referenced, described, or linked to without the prior written consent of the Website.
Any communication or experience you gain from the website is strictly confidential between you, and the Company. You may not modify, copy, distribute, transmit, display, quote, reference, describe, link to, reproduce, or publish any communication or experience you receive from Company without prior written permission from Company. You are responsible for any and all content that you send to us. You may not use the Website or any information that you get from the Website to: interfere with any other user’s use of the Website; conduct any unlawful or unauthorized activity; intentionally solicit or harm minors in any way; misrepresent your own identity or any affiliation that you may have; modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Company. You agree that Company may use any submissions, for any purpose including reproduction, transmission, publication, broadcast, and posting. You agree to not transmit any unlawful, threatening, libelous, defamatory, obscene, or profane material, or any other material.
The Website may provide links to other World Wide Web sites or resources. Company has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Company Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Company Websites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Company with respect to such sites and third-party content. Neither Company nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website.
Liquidated Damages other Remedies
Given the difficulties in ascertaining actual damages resulting from a violation of the User Conduct, and Submissions provisions stated above you agree that should you be found to have committed or to be committing such a violation, we may seek, and will be entitled to the following which are intended to be cumulative as appropriate:
1. Injunctive Relief
2. $500.00 per instance of violation of the terms, representing the estimated damage to good will we enjoy for our product as liquidated damages.
3. All other relief available at law or in equity.
Both parties intend this Agreement to be enforced as written, without bias for our against the drafter. However if any portion or provision of this Agreement shall to any extent be declared illegal or unenforceable by a duly authorized court or arbitrator having jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
This constitutes the entire Agreement between you and us relating to the website and our product and this Agreement replaces all prior written or oral agreements that may have existed between us. No transfer of rights or obligations under this Agreement by you will be accepted by us without our express written permission. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default; similarly a failure to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce that provision in the future. This Agreement shall be construed in accordance with the laws of the State of Delaware without regard to conflict of laws. Any small claims court proceeding, or Arbitration action shall be fixed in venue to the state of Delaware. The section headings contained in this Agreement are for informational purposes only, and are not themselves enforceable provisions of this agreement. If this Agreement is translated into any other language, the original English version will prevail.