The Midwest AT&S Privacy Policy & Terms and Conditions of Use

At American Trailer and Storage (AT&S) we understand some of your personal information is sensitive in nature and you may have concerns about sharing this personal information with us. However, if you choose to interact or share your information with us, we will protect your privacy in the ways listed in this policy. This policy may change from time to time so please check back for changes. Please Contact us if you have any questions.

When you request information from American Trailer and Storage (AT&S), we often request information including the name of your business, names of authorized users from your business, your address, phone number, fax number and email address. Currently we need your mailing address. We gather this information at the quote request level in order for us to provide you with a formal quote that can be used to makes your purchasing decision. All of this information is typically not required and therefore you are not required to give us all of this information. The only required information is typically email address and delivery city or zip code.

We are always trying to provide you with a valuable online experience and the best pricing and quality in portable storage and shipping container purchasing, renting, and leasing. We reserve the right to release information to American Trailer and Storage (AT&S) members. We have selected these members all of which agree to follow the American Trailer and Storage (AT&S) Code of Ethics. We reserve the right to release information contained within our access logs concerning any visitor or member when that visitor or member is in violation of any terms of service or other published guidelines, or participates (or is reasonably suspected of participating) in any illegal activity, even without a subpoena, warrant, or other court order, and to release such information in response to discovery requests. We cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution.

American Trailer and Storage (AT&S) will contact you by email when you register and to respond to any questions you may send us via email. If you are an existing customer, or a registered user, we also send you email communications to provide information which we think you will find useful, including announcements about new products and services from us. We use your email address in the foregoing manner until you explicitly unsubscribe.

If you elect to use our web site to submit a request for quote or other information, you will receive confirmation emails from us. We consider System Generated Emails like this as solicited and not covered under our opt-out option.

By using this web site and the services available to you on our site, you consent to our collection and use of your information as described above. If we decide to change our privacy policy, we will post the changes on this page so that you are always aware of our policies. Thank you for visiting American Trailer and Storage (AT&S), feel free to contact us if you have any questions regarding these policies.

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

Permission is granted to temporarily download one copy of the materials (information or software) on the Midwest AT&S’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the Midwest AT&S’s website;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.

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

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

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

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

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

The Midwest AT&S may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Any claim relating to the Midwest AT&S’s website shall be governed by the laws of the State of the Midwest without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Website.

1. This Agreement is a rental and not a sale. The Customer (also herein as “you,” “your” and “Lessee”) agrees that it shall not acquire, by payment of rental, any right, title, equity position or interest to the Vehicle. The term “Vehicle” includes the truck, tractor, trailer or container identified in this Agreement and all tires, tools, accessories, appurtenances or other equipment attached thereto or contained therein. Lessee shall not sublet the Vehicle nor assign or transfer this Agreement without prior written consent of AT&S. If AT&S provides written consent, Lessee shall continue to be responsible for the terms of this Agreement. 
2. The minimum rental term for any equipment is 4-weeks with a 28-day billing cycle. Following the expiration of the minimum term of the Agreement, and with seven days prior written notice, AT&S may change any of the rates for the Vehicle or request Lessee to return the Vehicle. The term “day” wherever used in this Agreement is a calendar day or any portion thereof. 
3. Lessee assumes all responsibility for, and promptly will pay when due all sales and use taxes and other direct taxes imposed by any federal, state, county, city or other taxing authority for personal property tax, excise and gross receipts, license and registration fees assessed or assessable by a taxing authority and/or allocated by AT&S on either an individual or prorated basis for the Vehicle based on purchase price, value, possession, use, situs, rentals, delivery or operation thereof, but excluding any federal or state taxes relating to AT&S’s income. In addition, Lessee shall pay all costs (including attorneys’ fees and disbursements) incurred by AT&S in enforcing any of the terms, provisions, covenants and indemnities provided hereunder. 
4. Lessee agrees to promptly pay all rental and charges hereunder. Any payments not received by AT&S within thirty (30) days of the invoice date shall bear interest at the maximum rate permissible by law. AT&S shall have the option to apply payments for any of Lessee’s outstanding invoices as AT&S so elects, without regard to Lessee written instructions. 
5. Any tire tread wear in excess of 10,000 miles for each 1/32nd inch on radial tires (hereinafter “Normal Tread Wear”) shall constitute “excessive tread wear” and Lessee agrees to pay AT&S a charge based upon the then current price for each 1/32nd inch of excessive tread wear per tire. If, upon the return of the Vehicle or replacement of brakes, brake wear is in excess of 1/8th inch per each 25,000 miles traveled, Lessee agrees to pay AT&S a pro-rated charge based upon the then current price for a brake reline service for each 1/8th inch used in excess of the aforementioned standard. Where brake drums have been cracked or scored by Lessee’s use, Lessee shall be responsible for the replacement costs for said brake drums. If during the term of this Agreement, AT&S determines that more miles have been traveled than billed, or more tread or brake wear used than billed, such information shall constitute the basis for an immediate billing adjustment with a final adjustment upon termination. 
6. Should any hubodometer be removed or fail to function, Lessee shall immediately notify AT&S in writing. The mileage applicable shall be the higher of the mileage calculated by Normal Tread Wear, or eighty (80) miles per day. 
7. If the Vehicle is lost, stolen, abandoned or determined by AT&S to be substantially damaged or inoperable, the Vehicle shall remain leased until AT&S is compensated for 100% of its Replacement Value. If the Vehicle is lost or stolen, Lessee is obligated to report the Vehicle stolen with the appropriate authorities and to file a claim with its insurance company. 
8. Lessee shall not transport or store any hazardous, corrosive, contaminating or radioactive products that will soil, stain, taint, pollute, defile, make foul, infect by contact or association, or expose one to risk or harm of any kind. If the Vehicle is determined to have been used to transport, or store any such products, Lessee will be required to purchase the Vehicle at 100% of its Replacement Value. 
9. Lessee agrees, at Lessee’s sole cost, to maintain and return the Vehicle in good repair and operating condition, ordinary wear and tear excepted, free of any liens and encumbrances and to replace with new parts all badly worn or broken parts. Lessee shall not, without AT&S’s prior written consent, make or suffer any alterations or improvements in or to the Vehicle or remove any parts, accessories, attachment or other equipment. If Agreement specifies a mileage charge, Lessee will deliver the Vehicle to a location of AT&S’s choice for tire and brake replacement when required per Department of Transportation Federal Motor Carrier Safety Regulations (D.O.T.). If the word “net” is specified in the blank space for the mileage charge, the preceding sentence shall be superseded by the following: Lessee will replace tires and brakes as required per D.O.T. and return the Vehicle to AT&S with tires and brakes of like or equal quality to those at delivery and in good operating condition with a remaining tread and brake lining depth of not less than 100% of that at delivery. If the Vehicle is not returned as contained herein, Lessee will pay AT&S proportionate deficiency times the current price of said tires and brakes, plus installation, if applicable. If the Vehicle is returned with items missing or requiring repairs, it shall remain leased until said replacement or repairs, acceptable to AT&S, have been made by Lessee. If Lessee elects not to make the required repairs and replacement and AT&S undertakes Lessee’s obligation, AT&S shall determine the amount due and the Vehicle shall remain leased until the date that AT&S’s invoiced amount is paid by Lessee. AT&S shall have no liability for any repairs or service to the Vehicle or for any replacement tires or tire expenses ordered or incurred by Lessee unless evidenced by AT&S’s written purchase order. Lessee further agrees to pay AT&S the fair market value, as of the Vehicle return date, for tires supplied by AT&S as of the Commencement Date and during the Agreement term, if such tires are not returned upon termination. 
10. Lessee warrants that the Vehicle will not be operated by any person other than agents or employees of Lessee, each warranted to be a careful, dependable operator, not operating under the influence of alcohol or drugs, with a valid license to operate such Vehicle. 
11. AT&S will not be responsible for any damages of any nature, whether direct, indirect, special, consequential, incidental or otherwise, due to any reason, including damages to goods, products or items placed in the vehicle. Lessee assumes all risk of damage whether caused by or related to the negligence or fault of AT&S, its agents or employees. Lessee hereby agrees to indemnify and hold harmless AT&S from all claims arising out of any such loss or damage, including loss of profits or other alleged consequential damages. 
12. During the term of this Agreement, Lessee agrees to be solely responsible for ensuring that the Vehicle is in compliance with all required Federal Motor Carrier Safety and State Vehicle safety inspections. Lessee agrees to perform and pay for all required safety inspections and to maintain proper documentation evidencing said inspections. If Lessee does not comply as stated herein, Lessee agrees to indemnify and hold AT&S harmless from all applicable fines, forfeitures or penalties. 
13. The vehicle is leased “as is.” Lessee acknowledges receipt of the vehicle in good condition and satisfactory and acceptable to Lessee. If vehicle is delivered by AT&S, whether an inspection form is signed or not, your use of the vehicle means that the vehicle has been delivered in good condition. You warrant that the site the vehicle is delivered to is suitable for the vehicle. AT&S disclaims and excludes and Lessee waives all warranties of any kind and nature, including, without limitation, any warranties of merchantability or fitness for a particular purpose. 
14. To the fullest extent permitted by law, Lessee agrees to indemnify, defend and hold AT&S harmless against any loss or damage AT&S may sustain as a result of any damage to or loss of the Vehicle due to collision, fire, lightning, theft, explosion, flood, windstorm or Act of God, or any loss, property damage, death or bodily injury sustained by any other person arising, in whole or in part, from the use or condition of the Vehicle while in the possession of Lessee, or the failure of Lessee to maintain the Vehicle as provided under this Agreement. Lessee agrees to indemnify and hold AT&S harmless from all claims, lien or liability arising from work performed or for materials supplied in connection with Lessee’s operation or maintenance of the Vehicle and from any loss of or damage thereto and from any loss, penalty and expense, including attorneys’ fees and disbursement, resulting from, but not limited to, the storage, maintenance, use, repair, loading, unloading or operation of the Vehicle and from Lessee’s failure to comply with or perform any provisions of this Agreement. Lessee further agrees to comply with all laws and regulations of all state, federal and local governments and agencies which affect the use, operation or maintenance of the Vehicle and to indemnify and hold AT&S harmless from all fines, forfeitures, seizures, penalties and liabilities that may arise from any infringement or violation of any such law or regulation by Lessee or its employees. 
15. Lessee agrees, at Lessee’s cost and expense, simultaneously with or prior to delivery, to procure, deliver and keep in full force and effect during the Agreement term, a valid and pre-paid business auto or truckers insurance policy or policies covering hired autos and trailers for bodily injury and property damage liability and including collision and comprehensive coverage for physical damage and a comprehensive general liability policy providing for contractual liability coverage for hold harmless agreements, both satisfactory to AT&S as to the insurer with a combined single limit of one million dollars ($1,000,000). Lessee is further required to provide a certificate of insurance naming AT&S as an “Additional Insured” and “Loss Payee” with regard to the physical damage coverage for the period from the delivery to until the return of the Vehicle. If AT&S determines that the Lessee is not maintaining the proper insurance policies as required, Lessee shall be in default and AT&S shall be entitled to exercise remedies set forth in Section 21. 
16. The Vehicle contains a valid license for the state indicated thereon. Lessee assumes all expense for all licenses, titles, permits and other certificates as may be required by law for operation of the Vehicle in any other state. Lessee agrees that all certificates of title shall reflect AT&S’s ownership and that the Vehicle shall be used only in the continental United States. 
17. AT&S reserves the right to place upon the Vehicle the name and logo of AT&S, or Consignor in the case of Vehicles owned by Consignor, as registered owner, and Lessee agrees not to remove said name and logo. 
18. If any act or thing required to be performed by Lessee shall not be performed in the manner and at the times required herein, Lessee shall be in default. AT&S thereupon shall have the right, without prejudice to any other right or remedy which AT&S may have and without notice or demand, to declare all invoiced and unpaid lease payments and all lease payments required to complete the minimum term specified on the reverse side, due and payable forthwith and to repossess and retain the Vehicle free of all rights of Lessee without any liability and without releasing Lessee from any of Lessee’s covenants, obligations and indemnities hereunder. If AT&S elects to repossess the Vehicle and hold same for Lessee either in AT&S’s possession or in public storage at the expense of Lessee, Lessee does irrevocably appoint AT&S as its agent and does irrevocably grant AT&S power of repossession, including entry upon Lessee’s property or the property of another. Lessor shall further indemnify and hold AT&S harmless from any claims, suits, demands, or causes of action by any third party if AT&S repossesses the Vehicle. Repossession shall not constitute a termination of Lessee’s obligations under this Agreement. AT&S shall further have the right to lease or sell the Vehicle upon such terms and conditions as AT&S shall deem reasonable. Lessee shall be responsible for all costs incurred in the actual act of repossession including attorneys’ fees and disbursements. 
19. If the ownership of AT&S changes or there is a change in the disposition of a substantial portion of Lessee’s assets at any time during the Agreement term, AT&S shall have the option to terminate this Agreement and demand the prompt return of the Vehicle or require from Lessee additional financial security or assurances including, but not limited to, cash deposits, letters of credit, escrow accounts and guarantees as a condition to continuing this Agreement in full force and effect. If AT&S elects to terminate this Agreement or if Lessee does not provide such additional security or assurances as required and AT&S is forced to terminate this Agreement, Lessee shall pay all outstanding invoices. 
20. Lessee grants AT&S access to the delivery address where the vehicle will be located so that AT&S can deliver and pick up the equipment. Lessee grants AT&S and/or its affiliates, representatives, or contractors the right to remove all obstructions upon retrieval of AT&S vehicle(s). Including but not limited to fences, gates, locks, autos, boats, trailers, or other items as deemed necessary by AT&S. The Lessee releases AT&S from all liability or damages relating to the removal of AT&S vehicle(s). AT&S will not be liable to Lessee for any loss of or damage to any contents located in AT&S vehicle(s). Upon termination of the rental, repossession, or retrieval of the vehicle(s) for any reason, AT&S will not be responsible to Lessee for any loss of, damage to, or destruction of any contents in the vehicle(s). AT&S will not be responsible for any content that is still in the vehicle(s) when retrieved. If contents are in the vehicle(s) upon pick up, AT&S does not have custody or control of the contents remaining. AT&S will hold the contents at Lessee’s sole risk for 15 days. Lessee, upon fulfilling all the terms of the rental agreement, including all monies owed, can claim the contents. After 15 days, AT&S has the right to keep any contents, deem them abandoned, and discard as AT&S sees fit. 
21. This instrument contains the entire agreement between the parties relating to the subject matter hereof. No agreements, representations, or understandings not specifically contained herein shall be binding unless reduced to writing and signed by both parties. It is agreed that changes to the pre-printed “Terms & Conditions” will be considered not applicable unless initiated by an AT&S officer. All Lessees’ indemnification obligations under this Agreement shall survive the termination of this Agreement.