Legal information

Hoodsport Ace & Lumber Rentals Website and Online Services Terms of Service

Version 1.2·Effective 2026-07-30

Hoodsport Ace & Lumber Rentals Website and Online Services Terms of Service

Effective date: July 22, 2026

These Terms govern the websites, accounts, reservation features, digital content, messages, and other online services operated by Kirby Co. & Outfitters, doing business as Hoodsport Ace & Lumber Rentals (“Kirby Co. & Outfitters,” “we,” “us,” or “our”). By using the online services, you agree to these Terms. A rental is also governed by the rental order, Rental Policy, applicable equipment rules, Liability Waiver, and any elected Limited Damage Waiver.

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1. Eligibility and Accounts

  • You must be at least 18 years old and legally able to contract to create an account, make a reservation, or rent equipment.
  • Provide accurate, current information and keep credentials secure. You are responsible for activity under your account until you notify us of unauthorized use.
  • Do not allow a child under 13 to submit personal information directly through the Services. An adult must provide any information needed for a minor participant.
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2. Information, Quotes, and Reservations

  • Website descriptions, images, specifications, rates, and availability are provided for convenient planning and may change. Verify material requirements before use.
  • A submitted request, cart, quote, or payment authorization is not a confirmed reservation until Kirby Co. & Outfitters accepts it and sends confirmation.
  • We may correct a typographical, inventory, tax, or pricing error before equipment is released. If a correction materially increases the price of a confirmed consumer reservation, you may cancel the affected reservation for a refund of prepaid charges.
  • Equipment remains subject to inspection, safety, weather, closure, and availability requirements. We may substitute equivalent equipment only with your consent or allow cancellation of the affected item.
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3. Payment and Electronic Records

You authorize the charges and holds disclosed during checkout and in the Rental Agreement. You agree to conduct the transaction electronically and to use an electronic signature when you intentionally select a signature or acceptance control. Before acceptance, the system must allow you to view and retain the controlling documents. You may request a paper copy and may withdraw consent for future electronic transactions by contacting us; future rentals may then need to be completed in person.

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4. Rules for Using the Online Services

You may not:

  • violate law or another person’s rights;
  • impersonate another person, submit false eligibility or payment information, or access another account;
  • probe, scan, interfere with, overload, bypass security of, reverse engineer, scrape at unreasonable volume, or introduce malicious code into the Services;
  • use automated means except an ordinary search engine or a tool we expressly authorize;
  • copy, sell, sublicense, or commercially exploit protected content or data; or
  • use the Services to arrange an unlawful, unsafe, fraudulent, or prohibited rental.

We may suspend access reasonably necessary to address security, fraud, abuse, legal obligations, or a material violation. Suspension does not determine liability under a separate rental.

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5. Safety and Third-Party Information

Website articles, calculators, product summaries, maps, weather links, training materials, and AI-assisted content are general information. They do not replace the manufacturer’s manual, an on-site inspection, item-specific instruction, permits, a competent professional, or your continuous assessment of actual conditions. Weather, tide, route, and availability data may be delayed or supplied by third parties.

Third-party links and embedded services are governed by their providers’ terms and privacy notices. Kirby Co. & Outfitters is not responsible for third-party content or availability, but this sentence does not limit responsibility that law imposes on Kirby Co. & Outfitters for its own selection or conduct.

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6. Intellectual Property and Feedback

The Services and their original text, design, software, branding, graphics, and arrangement are owned by Kirby Co. & Outfitters or its licensors and are protected by law. Kirby Co. & Outfitters grants you a limited, revocable, nontransferable license to use the Services for personal or internal business rental purposes.

You retain ownership of content you submit. You grant Kirby Co. & Outfitters a nonexclusive license to host, reproduce, and use submitted content only as needed to operate, secure, support, and document the Services and transactions. A public marketing use of your identifiable photo or testimonial requires a separate permission where required by law.

Feedback may be used without restriction or compensation, but we will not publicly identify you with feedback without permission.

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7. Privacy

Our Privacy Policy and Washington Consumer Health Data Notice describe our information practices. Do not submit sensitive medical information unless it is requested for a safety, accommodation, or incident purpose.

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8. Website Disclaimer

TO THE EXTENT PERMITTED BY LAW, THE ONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Kirby Co. & Outfitters DOES NOT PROMISE THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL CODE, OR THAT THIRD-PARTY DATA WILL ALWAYS BE ACCURATE OR CURRENT.

This website disclaimer does not disclaim the ordinary functional qualities of rented equipment, a written promise on a rental order, or a warranty or remedy that Washington law does not permit Kirby Co. & Outfitters to disclaim. Rental-equipment rights and responsibilities are addressed in the Rental Agreement.

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9. Limitation of Liability for Online Services

To the extent permitted by law, Kirby Co. & Outfitters is not liable for indirect, incidental, special, exemplary, or consequential loss arising solely from use or unavailability of the website, such as lost data or lost business opportunity, when the loss was not reasonably foreseeable or is legally excludable.

This section does not limit liability for bodily injury or property damage arising from rented equipment; gross negligence, reckless or intentional misconduct, fraud, breach of an express commitment, or a statutory duty that cannot be limited; or any remedy that applicable consumer law makes nonwaivable.

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10. Responsibility for Misuse

To the extent permitted by law, you will defend and reimburse Kirby Co. & Outfitters for a third-party claim to the extent caused by your unlawful use of the online Services, infringement through content you submit, fraud, or intentional interference with the Services. You are not required to indemnify Kirby Co. & Outfitters for Kirby Co. & Outfitters’s own negligence, gross negligence, reckless conduct, intentional misconduct, or nonwaivable legal responsibility.

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11. Availability and Events Outside Reasonable Control

We may modify, interrupt, or discontinue an online feature. We are not responsible for delay caused by events outside reasonable control, including severe weather, wildfire, utility or network failure, government order, closure, labor disruption, or supplier interruption. We will still provide refunds, credits, or other remedies required by the Rental Agreement or law.

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12. Governing Law and Disputes

Washington law governs. Before filing a lawsuit, the parties should send written notice describing the dispute and allow 30 days for a good-faith attempt to resolve it, unless delay would prejudice a claim, emergency relief is needed, or law provides otherwise. A court proceeding must be brought in a Washington court with lawful jurisdiction in the county where the rental location or transaction involved in the dispute is located, unless applicable law requires another forum. Small-claims remedies remain available.

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13. Changes and Contract Version

We may revise these Terms prospectively by posting an updated effective date. Material changes will receive additional notice when required. The version presented and accepted for a reservation controls that transaction; later website changes do not silently rewrite a completed agreement.

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14. General Terms

If a provision is unenforceable, it will be narrowed or severed to the minimum extent necessary and the remainder will continue. Our delay in enforcement is not a waiver. These Terms do not create employment, agency, partnership, fiduciary, or third-party-beneficiary rights. Nothing here waives rights under the Washington Consumer Protection Act or other nonwaivable law.

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15. Contact

Hoodsport Ace & Lumber Rentals
1157 N National Ave, Chehalis, WA 98532
360-748-3337 · Contact the Hoodsport Ace & Lumber rental desk for current contact information

Hoodsport Ace & Lumber Rentals — Hoodsport
150 N Lake Cushman, Hoodsport, WA 98548
360-877-4005 · Contact the Hoodsport Ace & Lumber rental desk for current contact information

This page provides general information and is not legal advice. Please contact the location above with questions about this document.