Terms and Conditions

Effective Date: October 1, 2024

These Terms and Conditions ("ˀTerms") govern your use of the website and mobile application provided by Trailer App LLC ("we," "our," or "us"). By accessing or using our website or app, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By accessing or using any part of the website or app, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications. We reserve the right to modify, update, or change these Terms at any time, and such changes will be effective immediately upon posting on this page. Your continued use of the website or app after changes are posted will constitute your acceptance of the new Terms.

2. Use of the Website and App

You agree to use the website and app only for lawful purposes. You agree not to:

• Violate any applicable laws or regulations.
• Infringe on the rights of others, including intellectual property rights.
• Transmit viruses, malware, or any other harmful code.
• Access or attempt to access unauthorized areas of the website or app.
• Use any automated system, such as bots, to interact with the website or app.

3. User Accounts

To access certain features of our website or app, you may be required to create an account. You agree to:

• Provide accurate and up-to-date information during the registration process.
• Maintain the security of your account and password.
• Notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate your account at any time if we believe that you have violated these Terms.

We reserve the right to suspend or terminate your account at any time if we believe that you have violated these Terms.

4. Payment and Subscriptions

Certain features of the website and app may require payment. By providing payment information, you agree to the following:

• Authorization: You authorize Trailer App LLC and its third-party payment processors to charge your payment method for any applicable fees.
• Subscription Terms:If your use of the website or app involves a subscription, your subscription will automatically renew at the end of the applicable subscription period unless canceled.
• Refund Policy: All sales are final. No exceptions.

5. Intellectual Property

All content on the website and app, including text, graphics, logos, images, videos, and software, is the property of Trailer App LLC or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the website and app for personal, non-commercial use only. You may not:

• Copy, modify, or distribute any part of the website or app without our express written permission.
• Use any of our trademarks, logos, or branding without prior consent.

6. User-Generated Content

You may be permitted to submit content such as reviews, comments, store information, product listings, or other materials through the website or app. By submitting content, you grant Trailer App LLC a non-exclusive, worldwide, royalty-free, irrevocable license to use, modify, reproduce, and distribute your content in connection with the website, app, and marketing materials, including for promotional purposes.

• You represent and warrant that you own or have the necessary rights to the content you submit, including product information, descriptions, and store-related details.
• You agree that any product listings or store information added to the Trailer App platform can be used by Trailer App LLC in connection with the operation, marketing, and promotion of the platform, both online and offline. This includes, but is not limited to, the right to display, copy, modify, and share the information for operational purposes, marketing campaigns, and business development.
• You also agree that Trailer App LLC is not responsible for any inaccuracies, errors, or legal violations arising from the product or store information you provide.

We reserve the right to remove any user-generated content that we deem inappropriate, harmful, or in violation of these Terms.

7. Third-Party Services

Our website and app may include links to third-party services or integrate with third-party tools such as payment processors or analytics providers. We do not control or assume responsibility for the content, privacy policies, or practices of any third-party websites or services.

When you access or use third-party services through our platform, you do so at your own risk, and you should review their terms and conditions and privacy policies.

8. Disclaimer of Warranties

The website and app are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Trailer App LLC does not warrant that:

• The website or app will meet your specific requirements.
• The website or app will be uninterrupted, secure, or error-free.
• Any errors in the service will be corrected.

To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Trailer App LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of, or inability to access or use, the website or app.
• Any conduct or content of any third party on the website or app.
• Any unauthorized access, use, or alteration of your content or account.

Our total liability for any claim related to the website or app will not exceed the amount you paid to use the service, if any.

10. Indemnification

You agree to indemnify, defend, and hold harmless Trailer App LLC , its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with:

• Your violation of these Terms.
• Your use or misuse of the website or app.
• Your violation of any rights of another person or entity.
• Any legal disputes or claims arising from the product or store information you provide to Trailer App LLC.

11. Arbitration and Waiver of Class Action Rights

By agreeing to these Terms, you agree that any disputes or claims related to your use of the website, app, or any services provided by Trailer App LLC will be resolved exclusively through binding arbitration. You hereby waive any right to sue Trailer App LLC in a court of law, including the right to a trial by jury. Instead, any dispute shall be submitted to a neutral third-party arbitrator selected by Trailer App LLC.

• The arbitration process will be conducted in accordance with the rules of the American Arbitration Association (AAA) or a similar body, and any decisions made by the arbitrator will be final and binding on both parties.
• You further agree that any arbitration will take place on an individual basis only and not as part of a className, collective, consolidated, or representative action. You expressly waive any right to file or participate in a className action lawsuit or className-wide arbitration.
• The arbitration will take place in the state of Texas unless otherwise agreed to by both parties.
• In the event of arbitration, each party will be responsible for their own costs and attorney's fees, except as otherwise required by law.

12. Termination

We may suspend or terminate your access to the website or app at any time, without prior notice or liability, for any reason, including if we believe that you have violated these Terms. Upon termination, the provisions of these Terms that by their nature should survive termination shall continue to apply, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms and any disputes arising out of or related to your use of the website or app shall be governed by the laws of the State of Texas, without regard to conflict of law principles. Any legal action brought to enforce these Terms must be brought in a court located in Texas, subject to the arbitration requirement above.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

15. Refund Policy

All sales are final. No exceptions.

16. Cancellation Policy

If a service is booked and a service lead is provided, the business receiving the service lead will still be charged. This is because the business will receive the service lead information to follow up on, as the service lead has confirmed the appointment. Once service appointments are confirmed, they cannot be canceled. This policy is designed to protect Trailer App.

17. SSL Protection

Our website is protected with an SSL certificate to ensure your data is secure during transmission.

18. Changes to These Terms

We may update or modify these Terms at any time. Any changes will be posted on this page, and the effective date at the top will be updated accordingly. Your continued use of the website or app following any changes to these Terms constitutes your acceptance of the new Terms.

19. Accessibility Statement

Trailer App LLC is committed to ensuring digital accessibility for people with disabilities. We are continuously improving the user experience for everyone and applying the relevant accessibility standards.

• If you encounter any accessibility barriers or have trouble accessing any part of our website or app, you can request assistance by contacting us at:

  Email: sales [at] trailerapp.com

  Phone: +1 (877) 540-5114

  Address: 12320 Barker Cypress Rd