Terms & Conditions

By accessing our website, you, the user, agree to the following terms and conditions, which shall take effect immediately on your first use of this website. These terms and conditions may change at our discretion any time and without notice.  All transactions and communications made through this website are governed by these terms and conditions.  You may not use our website if you do not accept these terms and conditions.  Any rentals, services or purchases made with Lend A Box, LLC are also governed by these terms and conditions.

We will issue a full refund for any moving supplies delivered to you if they are returned to us unused and in their original packaging no later than the date that Lend A Box® picks up its Lend A Boxes from you.  All refunds will be debited to the credit card on which the original transaction was processed.

Rental Terms

These Rental Terms apply to your rental of our Lend A Boxes and Dollies.  References to “You” means the customer renting Equipment.  Any references to the “Equipment” means the Lend A Boxes and Dollies, all accessories and additions thereto, and all replacements and renewals thereof that Lend A Box® has agreed to rent to You.  Any references to the “Rental Period” means the time span commencing when the Equipment is delivered to You and ending when the Equipment is returned to and accepted by Lend A Box®.  By accepting delivery of the Equipment from Lend A Box®, You agree to the terms set forth in these Rental Terms

1. 1. PARTIES TO THE AGREEMENT

   This Agreement is by and among the following parties: (1) Lend A Box, a Virginia Limited Liability Company and (2) You, the customer (“customer”, “You” or “your”). For the avoidance of doubt, a customer includes any visitor to our websites, users of our web or mobile applications and customer employing our Services.  References to “we”, “us”, or “our” in this Agreement shall refer to Lend A Box.

   1. TERMS APPLICABLE TO THE USE OF STORAGE SERVICES PROVIDED BY LEND A BOX
   • The following terms and conditions shall be applicable to the provision and use of storage through Lend A Box.
   • DEFINITIONS
     1. “Services” means any and all services or products which Lend A Box may offer at any time.
     2. “Data” shall have the meaning as prescribed to it and will be managed as detailed in our Privacy Policy.
     3. “Delivery” or “Deliveries” shall be considered to include any deliveries of empty Boxes, collection of Boxes or Items, and/or return of Boxes or Items.
     4. “Boxes” or “Containers” means the Boxes in which the Items are packed, whether they are supplied by Lend A Box or by the Customer.
     5. “Items” means the items which are entrusted to be stored by Lend A Box whether they are stored in our Boxes or Containers, your own boxes or containers or stored on their own outside of any box or container or in any other way. Items must be legally owned by You.  No other person may have an ownership interest in the Items.
     6. “You” or “Customer” means You the customer irrespective as to whether You are an individual customer acting on your own behalf or a business customer including your agents, nominees or assignees.
     7. “Website” means our website at http://lendabox.com or any other website under which we provide or advertise our Services or subsequent URL which may replace it.
   • CUSTOMER RESPONSIBILITIES
     1. In order to use our Services, You must register and create an account with Lend A Box. You are responsible, in accordance with the terms of our Privacy Policy, to ensure that the Data You provide is complete and accurate and that You will update as and when any details may change. You are responsible to keep your login information including your Data and password safe and to take all reasonable steps to ensure nobody other than yourself can access your account and the Services. You must also ensure that any email address, personal information, billing information, or contact information You provide is valid and up to date.
     2. You may not under any circumstances sub-license or re-sell any of the Services that we offer, nor may You represent us in any way for any reason whatsoever without our prior written consent.
     3. Our acceptance of rent paid by You gives this rental agreement the same effect as if it had been signed and delivered by Us; and
     4. Our acceptance of Your possessions or payment of rent gives this rental agreement the same effect as if it had been signed and delivered by You, as Lend A Box sends the rental agreement electronically upon booking and upon request. 
   • ITEMS AND STORAGE
     1. You declare that throughout the entire term of this Agreement all Items that are entrusted to Lend A Box are and shall remain your property.
     2. All Containers provided to you by Lend A Box remain the property of Lend A Box unless You decide to purchase them from Lend A Box.
     3. Items stored with us must not exceed 40 pounds per Container or individual item. You are responsible for carefully packing all Items and protecting them with protective wrapping or padding. Items stored in Lend A Box Containers must be sealed with the tamper-proof zipties provided to You prior to storage of the Boxes.  Any Items packed in non-Lend A Box Containers are packed entirely at your own risk and must be in boxes of good condition and be well sealed. Lend A Box holds the right to refuse to store any Boxes if we are not comfortable with the quality of the box or its dimensions, the Items (or the packing thereof) or for whatever other reasonable reason we may have.  While Lend A Box will store fragile Items (including, but not limited to, glassware, dishes, electronics, jewelry, artwork, or anything with fragile or delicate parts), Lend A Box expressly disclaims any liability for damage to those Items.
     4. Lend A Box shall not store prohibited, illegal, stolen or perishable Items. Prohibited Items include but are not limited to the following: anything illegal for You to possess; plants; any food; creatures (whether living or dead); flammables, firearms, weapons or explosives of any kind; chemicals, hazardous or toxic materials of any kind; items which emit any kind of odor, liquids, noise or fumes; compressed gases; any currencies, bonds or securities; any official personal documents (such as passports, driver licenses, green cards, visas, birth or marriage certificates, etc.) or anything that contains personally identifiable information, such as date of birth, social security number, mortgage number, or a bank account number; or any item of high value such as jewelry, antiques, fine art, fine wines, or precious metals.
     5. Lend A Box or anyone acting our behalf may at any time open your Boxes to access your Items if we reasonably believe that they contain any Items contradicting the terms of Section B.4.d; if we are required to do so by any competent authority, local authority or by law or any court order; or if we feel people or property are at risk of injury or damage. Lend A Box shall have no liability in those cases or in the case that we are asked to pass any Items to any government or law enforcement agency or if we are required by them or a court order to dispose of or destroy any Items. Any costs or losses incurred by us associated with any of these processes shall be borne by You.
     6. Lend A Box will not release any Items to anyone else but You absent a court order or binding arbitration ruling. If another person makes a claim of ownership on an Item stored for You, Lend A Box will provide that person with a form to fill out until penalty of perjury that sets out their claim of ownership. That form contains a clause that indemnifies Lend A Box and You from all costs that result from the claim should the claim be found to be false. The form will also require the person to offer to arbitrate the claim with You (without making Lend A Box a party) to resolve the claim, with the loser paying all fees and costs. If this form is completed, Lend A Box will provide You with a copy of the form.  You will have 30 days to dispute the claim of ownership. If You do nothing, then Lend A Box will release the Items to the person claiming ownership. If You dispute the claim, Lend A Box will release the Items to the rightful party determined during arbitration or other process.  The party who is determined to be the owner of the Items will be responsible for any amounts due to Lend A Box incurred as a result of this claim, as well as all storage costs.
     7. Access to our facilities or those of any of our sub-contractors or agents is strictly prohibited.
   • DELIVERIES AND COLLECTIONS
     10. You are required to ensure that Lend A Box employees or those of any third party acting on our behalf have reasonable access to your premises in order for us to ensure that we are able to carry out the Deliveries to You. You are responsible to ensure that Items and Boxes are available for collection on an easily accessible ground floor or within easy access by an elevator. Where Deliveries require our staff to carry Items or Boxes up or down stairs, there will be separate charges for such services and it is your responsibility to ask about these charges in advance. There must also be reasonable road access and approach to the door of the premises where the Delivery is ordered to/from and parking facilities are available if necessary. The Deliveries must be received or handed over from by You or someone authorized by You to do so. In the case that any of these conditions is not fulfilled and our Services are therefore impacted, we reserve the right to refuse to make the Delivery or make the Delivery but add an additional charge of $10.00/Container to your invoice for that month.
     11. When requesting a Delivery, it is your responsibility to ensure that You or someone You have authorized is present at the address You have provided to receive the Boxes and/or Items at the agreed-upon Delivery time. If someone fails to receive the Delivery, it will be considered a failed delivery and be subject to a charge of the service fee paid by you or $160.00, whichever is more.
     12. Subject to further terms and stipulations as listed in Article 12, we shall not be held liable for any cancellations or late Deliveries due to factors outside of our control including force majeure, adverse weather conditions, traffic conditions, or any other event outside our control.
     13. Lend A Box may refuse to collect any Items or Boxes that do not comply with the terms stipulated in Section B.4 at our discretion. If this results in a failed Delivery, You will be liable for a charge of the service fee paid by you or $160.00, whichever is more.
     14. Lend A Box Boxes are provided to You only for You to pack with Items that will be entrusted to be stored by Lend A Box. It is your responsibility to schedule a collection of the Boxes within the space of seven (7) days from the date of Delivery to You. If You hold onto the Boxes for more than seven (7) days, Lend A Box will charge You as if the Boxes were stored with Lend A Box in our own facilities. When Lend A Box comes to collect Boxes from You, You must return to us all the Boxes that we previously Delivered to You. If You retain some Boxes for a longer time and schedule another Collection, we will charge You $30.00 for that Collection and any subsequent Collection.
     15. If You wish to keep empty Boxes for yourself, we’ll charge You a fee of $39.00 for the delivery of those boxes to You. In that case, the terms and conditions applicable to the rental of the Containers through Lend A Box will apply.
   • PAYMENTS AND CHARGES
     1. All applicable charges are those specified on the Website at the time of booking or as specified in this Agreement in the case of failed Deliveries or other situations.
     2. All applicable charges are subject to change at our discretion. In the case that charges are amended upwards, Lend A Box will provide You with electronic notice one month in advance of the changes taking place. You are, in accordance with Section B.8, entitled to terminate the Agreement if You do not wish to continue to use our Services under the new charging policy.
     3. Lend A Box shall accept payments using all major credit cards. Any other method of payment that we accept for a client may be decided at our sole discretion.
     4. We require You to enter your credit card information in order to make use of our services and to register. Your saved credit card information will be used to bill all future charges automatically.
     5. Services will be billed on a monthly basis with storage charges and any other charges, including but not limited to the rental of our Containers, being billed monthly in advance following the Initial Payment Date, with electronic receipts of payment sent to You. The Initial Payment Date shall be the earliest of either the date on which we collect Items from You or 7 days after we first deliver empty Containers to You. Unless otherwise agreed to in writing, there is a three-month minimum for the use of storage through Lend A Box. The monthly rent is not prorated.
     6. Customers are not entitled to refunds for any storage charges, delivery services or any other charges billed in accordance with the terms specified herein. Refunds will only be processed if errors in billing are correctly identified and agreed to by Lend A Box.
     7. You agree to compensate Lend A Box in full against all costs and expenses incurred by Lend A Box in each event that a payment fails for whatever reason along with an administrative charge of $25.00.
     8. If You fail to arrange payment for any amounts payable to Lend A Box by the due date and after a grace period of 15 days, Lend A Box may charge interest of 6% per month on top of the outstanding amounts in addition to an administrative charge of $25.00.
     9. In the event that You do not promptly pay all charges or payments due to Lend A Box, Lend A Box is relieved of any duty howsoever arising in respect of the Items and we shall exercise a lien over the Items until the outstanding charges or payments have been fully settled and received by Lend A Box. Under such situation, You authorize Lend A Box to withhold the Items and refuse access to them by You or any of your agents and You authorize Lend A Box to access and inspect the Items.
     10. LEND A BOX HAS A LIEN UPON ALL ITEMS STORED BY YOU FOR OUTSTANDING RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE ITEMS, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION AS PERMITTED BY APPLICABLE LAW. LEND A BOX MAY ENFORCE THE LIEN BY SELLING THE ITEMS STORED BY YOU IN ACCORDANCE WITH APPLICABLE LAW.  LENDA BOX WILL PROVIDE YOU WITH DUE AND PROPER ELECTRONIC NOTICE OF THE SALE PRIOR TO ITS OCCURRENCE. In the event that any outstanding charges or payments are not received by Lend A Box, Lend A Box shall issue a final payment reminder notice by electronic means. If Lend A Box has still not received the outstanding charges or payments owed to us by You within 30 days after the payment reminder notice was sent to You, Lend A Box may sell the Items and transfer ownership of the Items to the purchaser of the Items. Proceeds from the sale will be used to settle all outstanding charges and/or payments including administrative fees, interest and service fees. If, after settling all charges and payments there is any amount leftover, Lend A Box will make reasonable efforts to return the excess to You without interest. If within 30 days, Lend A Box is unable to get a response from You and unable to pay You the amount leftover, the amount leftover will be retained by Lend A Box for our own account.
     11. If the sale of the Items as stipulated above cannot cover all charges and payments due to Lend A Box by You, You are obliged to settle any outstanding balance due to us within 30 days. If this is not settled within 30 days, Lend A Box may administer a debt collection agency to recover all amounts due and all costs incurred due to this process shall be borne by You.
     12. Lend A Box may sell the Items by any means reasonably available to achieve a reasonable market selling price, considering the cost of sale. If, for whatever reason the Items cannot be reasonably or economically sold, Lend A Box is authorized to treat them as abandoned and dispose of or otherwise destroy them. All costs of sale or disposal shall be borne by You.
   • LIMITATION OF LIABILITY
     1. To the fullest extent permitted by law, Lend A Box and its agents shall not in any event be held liable or responsible to You or any other person for any damage, liability, claim, expense, or loss to the Items or injury to persons that arises from any cause, including without limitation, Lend A Box’s and/or its agent’s active or passive acts, omissions, negligence, or conversion, unless the loss is caused by Lend A Box’s gross negligence. Further, Lend A Box shall have no liability to You for damage, loss, or injury resulting from a terrorist attack or any act of God, including flooding, earthquakes, hurricanes, other natural disasters.
     2. You acknowledge that we are not aware of the value of the Items stored with us and You are solely responsible to arrange appropriate insurance for your Items as You may feel You require.
     3. You acknowledge and agree that use of our Website and any of our Services is entirely at your own risk. We shall not be held liable or responsible in any way for any direct or indirect damages of any sort as a result of using our Website or misinterpreting its content.
     4. It is Your responsibility to ensure that Items in any Containers or Boxes are properly and carefully packed with enough protection as would reasonably be required for the Items being stored. We shall not be held liable for any loss, failed delivery of and/or damage to any Items due to insufficient or improper packing or protection; any deterioration of Items that may happen over time; damage to any fragile Items that You have decided to store; any defects of Items; or any forfeiture or seizure of Items for legal reasons.
     5. Any Boxes provided by You must be in good condition, well packed, and properly sealed to ensure Items are safe. Lend A Box holds the right to refuse to store any Boxes if we are not comfortable with the quality of the box or its dimensions. Storage of Items not packed in Lend A Box Containers is stored entirely at your own risk and we do not take responsibility for how the Items have been packaged or stored nor for the integrity of the box or packaging You have used.
     6. Notwithstanding the above, no terms within this Agreement will affect or restrict any of your statutory rights.
   • TERMINATION
     1. You may terminate this Agreement at any time by requesting the return of your Items and settling any outstanding charges due to Lend A Box. Storage is provided by Lend A Box on a month to month basis, with no refunds provided for storage covering only a portion of the last month that the Items are stored by Lend A Box.
     2. We may terminate this Agreement at any time and with immediate effect by providing written notice to You.
   • Lend A Box does not maintain any insurance on Items or any personal property that You can make a claim under. Insurance for Items is your sole responsibility. By using the services provided by Lend A Box, You certify that you have appropriate homeowners or renters insurance that covers the Items stored with Lend A Box.
   • INTELLECTUAL PROPERTY RIGHTS. We retain ownership of all intellectual property rights of any kind related to our Website and Services, including all applicable copyrights, patents, trademarks and other property rights, save for those which may relate to third parties that we may mention on our Website or work with in providing the Services.  Limited, non-exclusive, non-licensable and non-transferable use of limited content for personal use is permitted, however must not be used for commercial purposes.
   • We only use your Data in accordance with our Privacy Policy which is available on our Website at any time and part of this Agreement. Please take the time to read this, as it includes important terms which apply to You and how your information is handled.  We may use location-based services to perform the Services as efficiently and quickly as possible. Information that we collect from You through these location-based services shall be collected and stored in accordance with the terms of our Privacy Policy. You consent to our use of location-based services by accepting the terms in this Agreement.
   • SUB-CONTRACTING AND ASSIGNMENT. Lend A Box may at any time sub-contract, assign or transfer any or all its rights and obligations under this Agreement to any third party or agent.  The sub-contracting, assignment, transfer or sub-licensing of any of Your obligations under this Agreement, whether or not for commercial gain, is expressly prohibited.  This Agreement shall be binding on Your personal representatives and successors.
   • FORCE MAJEURE AND BAD WEATHER. Lend A Box will not be held liable or responsible for any failure to perform or delay in the performance of the Services caused by Force Majeure.  A Force Majeure means any unforeseeable circumstances beyond our reasonable control, including but not limited to war, threat of war, terrorist activity, strikes or other industrial action, riots, fire, storms or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents or any other unforeseen circumstances.  In the event of a Force Majeure, Lend A Box will aim to contact You as soon as possible and will take all reasonable measures to minimize any disruptions to the Services.
   • THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  You agree to indemnify, defend and hold Lend A Box, our employees, agents, suppliers and directors harmless on demand, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by You. This clause also applies to any other liabilities arising out of your use of our Website or Services or by any other person accessing our Website or Services under your account or using your Data.  IN NO EVENT SHALL LEND A BOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES. THESE LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
   • NOTICES
     1. Any notices given by You to Lend A Box must be in writing by email to [email protected] or by registered postal mail to our registered office as specified on our Website.
     2. Any notices given by Lend A Box to You must be in writing and may be served by email or by postal mail. Such notice shall be directed to the email or postal address You have provided to us through our website or as separately provided to us in the form of a notice according to details stipulated in this Article.
     3. A notice shall be deemed to have been served at the time the registered postal mail has been signed for by us in the case of registered postal mail; within 48 hours from the time the notice has been sent out in the case of postal mail; and from the time the email was sent by the sender, provided that the sender of the email does not receive an email message stating that the email message has not been received by the intended recipient.
   • GOVERNING LAW AND LANGUAGE. This is a Virginia Agreement. The parties to the Agreement agree to be bound by Virginia law. If there is a dispute between the parties, the parties agree to bring the action in a Fairfax County, Virginia court with Virginia law applying.
   • MISCELLANEOUS
     8. We reserve the right to amend the terms and conditions within this Agreement from time to time and it is Your responsibility to review these terms and conditions on each occasion You procure services and/or products from us. The latest version of this Agreement will always be accessible at https://lendabox.com/terms-conditions/. Your continued use of our Services will be deemed to represent your continued acceptance to the latest version of this Agreement. If You do not agree with any changes to this Agreement, You may terminate this Agreement as per Section B.8.
     9. We always welcome your feedback which can be sent to us by email to [email protected]. Where You supply any feedback, You agree and acknowledge that Lend A Box shall have no confidentiality obligations to such feedback and/or suggestions and that it may be incorporated into our Website or Services.
     10. If any provision of this Agreement shall be found by any court or arbitration or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.
     11. The failure by You or Lend A Box to exercise any right under the Agreement shall not form the basis for a waiver of that right.
     12. Each party shall keep any and all information disclosed between the parties to this Agreement in strict confidence. This clause shall survive the termination of this Agreement.
   1. TERMS APPLICABLE TO THE USE OF EQUIPMENT RENTAL SERVICES PROVIDED BY LEND A BOX

   This portion of the Agreement is between You and Lend A Box and is effective for the time span commencing when the Lend A Boxes and/or Dollies (the “Equipment”) are delivered to You and ending when the Equipment is returned to and accepted by Lend A Box (the “Rental Term”). The Agreement applies to your rental of the Equipment listed on the confirmation e-mail to which this Agreement is attached. Acceptance of the Terms and Conditions during the booking process or acceptance of the Equipment at delivery constitutes acceptance of the terms in this Agreement.

   1. Lend A Box shall deliver the Equipment to You in fully serviceable condition. It is Your responsibility to check the Equipment against delivery invoices and notify Lend A Box of any shortage or damage within 24 hours of the delivery. In the absence of any such notification, You will be deemed to be satisfied with the quantity and condition of the Equipment, and that it is suitable for the purpose required.
   2. While Lend A Box will always strive to deliver exactly what You order, Lend A Box reserves the right to change the size of the boxes provided to You based on availability and demand. The boxes delivered to You will have an equivalent cubic volume to the boxes You originally ordered.
   3. Lend A Box will deliver the Equipment to the delivery address provided by You. You will be responsible for any applicable delivery charges.
   4. Full payment for Your use of the Equipment during the Rental Term and the delivery charges is required upon placing the order for the Equipment. Rental extensions will be charged at the time of the rental extension request.
   5. You acknowledge that You have sole responsibility to schedule and be present at appointments for delivery and pick up of the Equipment. If You do not give Lend A Box at least 24 hours’ notice of cancellation or rescheduling, You will be charged a cancellation fee of 20% of your total order amount.
   6. You acknowledge that the Equipment is in Your care, custody and control during the Rental Period and that You are responsible for maintaining it in good condition (excluding reasonable wear and tear) and for paying any charges incurred with respect to the Equipment delivered to You by Lend A Box for use during the Rental Period. You agree that if the Equipment is damaged during the Rental Term, You will immediately notify Lend A Box. You accept responsibility for all loss or damage to the Equipment (excluding reasonable wear and tear, as determined by Lend A Box) that occurs during the Rental Period. If the Equipment is damaged or lost (and such damage or loss is not the result of reasonable wear and tear) while in Your possession, You will be obligated to pay the current full retail value of the damaged or lost Equipment. You agree to use the Equipment in a prudent and proper manner and to comply with and conform to all national, state, municipal, police and other laws, ordinances, and regulations in any way relating to the possession, use or maintenance of the Equipment.
   7. You acknowledge that You have sole responsibility to have the Equipment returned to Lend A Box by the agreed upon date. For each additional week (or part thereof) that the Equipment is not returned, there will be additional weekly rental charges as follows: $1.00 per Lend A Box and $5.00 per Dolly. If the Equipment is not returned within 30 days after the end of the Rental Period and there has been no communication from You to Lend A Box to extend the Rental Period, Lend A Box will assume that You wish to purchase the Equipment from Lend A Box and You will be charged the current full retail value of the Equipment. You will also be charged for all expenses, costs and charges whatsoever incurred by or on behalf of Lend A Box in ascertaining Your whereabouts or the Equipment or any part thereof or in taking possession of the same. You will also repay Lend A Box for all costs and charges and expenses incurred by reason of any breach of the Agreement by You.
   8. You are responsible for the all expenses incurred by You with respect to Your use of the Equipment. You acknowledge that Your credit card will be kept on file for the duration of the Rental Period. You acknowledge and authorize Lend A Box to charge any amount associated with the above stated Rental Terms to Your credit card. You acknowledge that You will be responsible for any payments to Lend A Box that are not charged to Your credit card for any reason, including Your credit card being rejected or reaching its maximum balance. All refunds will be debited to the credit card on which the original transaction was processed.
   9. All transactions and other business undertaken by Lend A Box are subject to these Rental Terms, each of which shall be deemed to be incorporated in and to be a condition of any agreement between Lend A Box and You. No agent or employee of Lend A Box has the authority to alter or vary these conditions.
   10. NO REPRESENTATION OR WARRANTY WHATSOEVER OF ANY KIND HAS BEEN OR IS GIVEN OR MADE BY OR ON BEHALF OF LEND A BOX IN RELATION TO THE QUALITY OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE AND ALL CONDITIONS OR WARRANTIES WHETHER STATUTORY OR OTHERWISE, WHETHER EXPRESS OR IMPLIED, WHETHER COLLATERAL OR ANTECEDENT HERETO OR OTHERWISE AND WHETHER IN RELATION TO THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE OR THE STATE, QUALITY OR CONDITION OF THE EQUIPMENT ON DELIVERY OR AT ANY OTHER TIME ARE HEREBY EXPRESSLY EXCLUDED AND EXTINGUISHED.
   11. You expressly agree that You rent the Equipment “as is.” Lend A Box shall be under no liability for any loss or damage or consequential loss or damage whatsoever (including delay in delivery) with respect to or arising out of or in conjunction with the Equipment or any part of parts thereof howsoever caused. You assume the risk of liability arising from or pertaining to the possession, operation or use of the Equipment. You shall indemnify and hold Lend A Box harmless against all claims, demands, damages, liabilities, or costs arising out of the use, possession, or operation of the Equipment during the Rental Period.
   12. You agree that You have no right of property in the Equipment except the right to use the Equipment in accordance with the terms and conditions set forth herein.
   13. This Agreement may be terminated by Lend A Box if (a) You fail to pay any charges hereunder within seven (7) days of this agreement become due (whether demanded or not), or (b) if You seek protection under the bankruptcy laws other than as a creditor, or (c) if You are unable to pay Your bills as they become due or otherwise insolvent. No payment subsequently accepted by Lend A Box shall in any way prejudice or affect the operation of this provision. In the event the agreement is terminated pursuant to this provision, You shall thereafter no longer be in possession of the Equipment with Lend A Box’s permission or consent. Lend A Box may therefore retake possession of all of the Equipment without notice and for that purpose, enter upon any premises belonging to or in Your occupation or control. In the event of a default or non-payment by You, Lend A Box may pursue all the rights and remedies accorded to Lend A Box under such circumstances, including but not limited to any remedy at law or in equity.
   14. You agree that under no circumstances shall You sublease, rent, hire, lend, assign, pledge, encumber or otherwise part with possession of the Equipment.
   15. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
   16. No forbearance or indulgence shown or granted by Lend A Box to You in any regard whosoever shall constitute a waiver of any of the conditions to be performed by You or in any way affect, diminish, restrict or prejudice the rights and powers of Lend A Box.
   17. Unless stated otherwise in this Agreement, if any of the provisions in this Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
   18. This is a Virginia Agreement. The parties to the Agreement agree to be bound by Virginia law. If there is a dispute between the parties, the parties agree to bring the action in a Fairfax County, Virginia court with Virginia law applying.