UTrailer, LLC
Terms and Conditions

Thank you for visiting UTrailer LLC’s (“UTrailer” also referred to herein as, “we” or “us”) website (the “Website”) and mobile application (the “App”).

These terms and conditions are entered into by and between You and UTrailer. The following terms and conditions govern your access to and use of the Website and App, including any content, functionality, and services offered on or through the Website or App.

Please read the Terms and Conditions (the “Terms”) carefully before you start to use the Website to ensure that you understand each provision. By using the Website or App, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Website or App.  

By accessing or using the Website and/or the App, you are accepting these Terms on behalf of yourself.  By using the Website and/or the App, you are confirming to be bound by these Terms, and that you are fully able and competent to accept and be bound by these Terms on behalf of yourself.  You may not access or use the Website and the App or accept the Terms if you are not at least 18 years old. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, THEN DO NOT USE THE WEBSITE OR INSTALL OR USE THE APP.

Host Terms.

Verify Renter’s License.  Prior to renting the trailer as the trailer owner of the trailer
(the “Host”) you are required to validate the driver’s license of the individual renting your trailer (“Renter”).  Specifically, the Host shall review Renter’s license and confirm that:

The license is valid and has not expired;
The license shows no signs of being tampered with and/or being fraudulent;
The license displays a name that matches the primary renter’s name on the rental;
The license has a photo that matches the person presenting it, particularly when compared against their date of birth;
The license is issued by a local government within the United States of America;
The license has a date of birth that matches the primary renter’s date of birth on the rental; and
That if a special class of license or permit is required to operate, tow, haul, the Renter has such designated special class of license;

License Requirements.  As the Host, I represent and warrant that I am a legally
licensed driver, over 18 years of age, and possess the designated class of license, and if applicable, insurance required to operate and rent out the trailer.

Trailer Photographs. As a host, you understand and acknowledge that the
trailer photographs (“Photographs”) you provide in connection with your UTrailer listing will not include any of the following:

No text overlay or photos displaying text of any kind;
No stock photos – the photo displayed must be authentic and of the actual trailer that is available for rent;
No copyrighted photos – unless you own the associated copyright;
No lewd, hateful, discriminatory, or indecent content within the photo. UTrailer may take action against your listing or account if reported;
No markings, logos, promotions, or advertisements, including advertisements for other sharing sites, personal businesses, or other;
No photos of which you do not own or have permission to use; and
No photos of poor quality.

As a Host, you agree and acknowledge that if the Photographs no longer represent your trailer, you will cease and remove all Photographs from your UTrailer listing. You agree that UTrailer is the sole and exclusive owner, or exclusive licensee, as allowed by applicable law, of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Photographs regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or UTrailer’s ownership or registration thereof.  You acknowledge that UTrailer may use the Photographs for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation to you. Further, you waive any and all rights to royalties or moral rights you may have in the Photographs.

Manage Bookings. Once your account has been registered and your listing has
been accepted your trailer will be available on the UTrailer platform for rent. When a renter attempts to schedule a booking, you will be notified of the dates and times.

Promptly respond within 12 hours to either accept or decline the renters booking request. We recommend reviewing immediately. If you have not accepted the booking within 12 hours of the request that will be considered a decline and the request cancelled.

Booking Cancellation.  Avoid canceling accepted bookings unless it is absolutely
necessary. If you must cancel, do it as soon as possible and notify the guest in writing immediately thereafter.

If you accept a booking and cannot provide the trailer to Renter on the date and time agreed up  on and cannot reschedule the booking and has to cancel the booking request, UTrailer reserves the right to charge the Host for all applicable booking fees of the total transaction amount to UTrailer to cover credit card, advertising fees, acceptance of removal of the listing, removal of the account holders listing, and deletion of the account holders account.

If for some reason the trailer is not available at the scheduled date and time of the rental, the Host must notify the Renter in advance and may offer to reschedule the rental for a date and time that works for both parties.

Responsibilities.  As the Host, you understand and acknowledge that you shall
have responsibilities including, but not limited to:

Trailers must be roadworthy, in good operable condition, which shall include but not be limited to, the trailers’ tires, equipped with a current license plate associated with the trailer, equipped with a manufacture VIN sticker listing weight specifications to include weight capacity, wiring, and have a current Department of Transportation inspection, if required by state law.  Further, the trailers must meet your state’s maintenance requirements to be listed and stay listed on our platform. We may temporarily restrict or remove your listing and request a mechanic’s report if we learn of a quality, safety, or maintenance issue.

Trailers must be in good cosmetic and mechanical condition; including but not limited to: tires, spare tires, axles, bearings, hubs, drums, brakes, leaf springs, shackle links, hangers, electrical wires, coupler, coupler lock, safety chains, breakaway box, breakaway cable, frame, breakaway battery, bed, structure, walls, lights, hinges, doors, steps, etc.

Trailers must be registered and follow all applicable national and local laws at all times while they are listed on the Website or the App. You must be honest in your listing about the trailer’s conditions and features.

Host is responsible and liable for Host’s own acts and omissions, and the acts and omissions of anyone you allow to participate, use, or otherwise operate trailer listing on UTrailer’s platform.  

Once the rental has been accepted, Host will check-in the Renter via the App. By checking-in via the App, Host shall follow the steps outlined in the App. This includes but is not limited to, verifying Renter’s identity, taking pictures of the trailer at the commencement of the rental period, and assessing the trailer for any pre-existing damage prior to the rental period.

Upon return of the trailer, Host shall undertake a similar process as the check-in, following the return procedures outlined in the App.  

Renter Terms.

License.  As a Renter, you represent and warrant that you are a legally licensed
driver, over 25 years of age, and, if required, possess the designated class of license necessary to rent the trailer. You agree to provide proof of such license to the Host prior to renting the trailer.

Condition and Return of Trailer. You must return the Trailer to the place and on
the date and time specified in your booking confirmation, and in the same condition that you received it, except for ordinary wear, free of any debris or foreign material. If the Trailer is returned after the time indicated on your confirmation, you remain responsible for the safety of, and any damage to the Trailer until inspected by the Host. Service to the Trailer or replacement of parts or accessories during the rental must have Host’s prior approval.

    If You are not able to return the Trailer by the date and time set forth in the booking confirmation, You must request a new booking with the Host via UTrailer’s Website or App.  If the Trailer is not returned by the date and time confirmed in the booking confirmation, You will pay a late fee equal to two times the daily fee of renting the Trailer for each additional day the trailer is not returned which you authorize UTrailer (or our third-party payment processor) to automatically charge to your account through your provided payment method for all such late fees and other fees associated with the booking. If You abandon the Trailer, and the Host needs to pick up and retrieve the Trailer, You will pay the late fee as outlined herein and, in addition, you will pay all fees associated with retrieving the Trailer, including, but not limited to, an amount equal to the IRS mileage rate for the given year for the miles traveled to pick up and return the Trailer.

Responsibility for Damage or Loss; Reporting to Police. In the event of any
incident involving the rented trailer, including but not limited to, accidents, damages, theft, vandalism, or third-party injuries during the reservation period, the Renter shall immediately notify UTrailer via the following email address, Help@utrailer.com, and contact the police within 24 hours of occurrence. Such notification should not exceed twenty-four (24) hours from the time of the incident.  

You are responsible all physical damage including but not limited to vandalism, loss or theft of the trailer, including damage caused by weather, road conditions and acts of nature, whether or not you are at fault.  You are responsible for the cost of repair or the actual retail cash value of the Trailer if it is not repairable or Host elects not to repair it. You are also responsible for Loss of Use, Diminished Value, missing equipment, and a reasonable charge to cover Host’s administrative expenses connected with any damage claim

Prohibited Uses. The following uses of the Trailer are prohibited: (a) transporting dangerous or hazardous items or illegal materials; (b) transporting living persons; (c) towing the Trailer by anyone under the influence of drugs or alcohol; (d) allowing the Trailer to be towed by anyone who is not a Renter; (e) any use of the Trailer by anyone who obtained the Trailer or extended the rental period by giving us false, fraudulent or misleading information; (f) use of the Trailer in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic citation; (g) use of the Trailer outside the United States; (h) use of the Trailer when loaded beyond its capacity, as determined by the manufacturer of the Trailer; (i) towing the Trailer through or under any structure without sufficient overhead or side clearance; (j) use of the Trailer when it is reasonable to expect you to know that further operation would damage the Trailer; (k) using the Trailer in a manner that causes damage to it due to inadequately secured cargo; (l) damaging the Trailer by your intentional, wanton, willful or reckless conduct; and, (m) damaging the Trailer by placing signs, lettering or painting on the Trailer

Insurance. Renter bears sole responsibility of ensuring Renter has the proper insurance to rent the trailer. This insurance must, at a minimum, include liability, damage, and loss coverages that extend to the rental and trailer itself. Should Renter fail to obtain the required insurance, Renter shall be liable for all damages and consequences incurred during the rental period or any period in which Renter had possession of the Trailer.

Assignment, Sublease, and Renting of Trailer.  Renter shall not sublease, assign,
rent, lend, or otherwise allow a third party to use or possess the rented trailer without the express written consent of Host. Any such assignment, sublease and rental will be considered a breach of this Agreement, and the Renter shall be liable for any damages, losses, or expenses incurred by UTrailer and Host, and the rental agreement may be terminated immediately, without prior notice to Renter, and return the trailer forthwith, irrespective of the initial agreed-upon rental duration. UTrailer reserves the right to take any action, law or equity, against the Renter for any unauthorized use or possession of the trailer.

Condition of Trailer. You understand and acknowledge that the Host, as a third party, owns the trailer. Each Host is responsible for complying with all legal requirements including ensuring the trailer is properly registered and insured, and maintaining their trailer in safe and roadworthy conditions. Prior to taking possession the trailer, Renter is responsible for conducting a thorough inspection of the trailer to confirm the relevant details of its reservation, including but not limited to, the trailer’s Gross Vehicle Weight Rating (“GVWR”), the trailer’s load capacity matches the Renter’s reservation, and the trailer is the one the Renter contracted for.  If the Renter discovers a defect or any issue with any part of the trailer; including but not limited to lights, brakes, tires suspension, electrical, durability or safety of the trailer, the Renter must allow up to 24 hours for repairs. Repairs and downtime up to 24 hours are not a consideration for a partial or full refund of the rental fees or platform fees. Costs incurred during downtime, such as, hotel fees, meals, or any other cost will not be reimbursed under any circumstance.  

Extension of Reservations. Renter understands and acknowledges that if Renter
desires to extend the duration of their rental period, such an extension must be processed and booked as a new, separate rental agreement. Only by booking an extension as a new rental will the Renter maintain the same protections, coverages, and terms provided in this Agreement. Failure to book an extension as a new rental may result in lapses or discontinuation of coverage and protections afforded under the original rental terms and may lead to the Renter accruing penalties as outlined in section 2 b.

Account Registration.

To use the Website and the App, you will be required to register and may be required to provide certain personal information. You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms. You shall be responsible for maintaining the confidentiality of your password and will be solely liable for all actions taken with your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card information you provide during registration is valid and that you have authority to authorize payments from such credit card.

You agree not to create more than one user account, and to not create a user account for another person unless you have the legal authority to do so. You agree to not provide any false information for purposes of creating a user account and that you are solely responsible for maintaining accurate, complete, and up-to-date information in your user account. You will not share your access credentials with, or all access to your user account by, another person.

You should treat any and all information relating to accessing your account as confidential, whether this information is chosen by yourself or assigned to you. It is your responsibility to handle sensitive information pertaining to your account and personal information therein carefully and not to disclose this to a third party.

Restrictions on Use.

,Utrailer’s Website, App and all of its contents, may not be used or reproduced without the express written consent of UTrailer. You shall not copy, repackage, redistribute, or modify the App or its contents, in whole or in part, in any manner whatsoever. UTrailer grants you a limited, non-exclusive, non-transferable license to access and make personal use of the Website and the App including but not limited to, maintaining profile information, adding or removing trailer listings, manage bookings, and checking in and checking out trailers.  

For the safety, privacy, and best interests of the platform, Hosts and Renters are prohibited from posting any direct means of contact prior to a booking being accepted; including but not limited to:  posting a full or partial phone number, email address, social media link or name, website link or name, physical address, approximate address, approximate location, company name, company logo, brand or any other direct means of contact to a public listing page, profile page, profile image, listing page, listing image, trailer image or message on the platform prior to the acceptance of a booking.  Violating this policy will be grounds for permanent suspension from the Website and App.

Any unauthorized use of the Website and/or the App automatically terminates the license granted by this Agreement.

Collection of Personal Information and Other Information.

To use the Website and App, you must provide certain personal information. UTrailer may collect and store your location information if you enable your mobile device to send it to us. We may also collect information that identifies the mobile device you are using. Collection of this information improves the provision of the Website and the App. You may opt-out of location-based services at any time by editing the setting on your mobile device.

We may collect and store information that is generated automatically as you use the Website and App, including but not limited to, your preferences and anonymous usage statistics. When you visit the Website and the App, we may receive and record information on our server logs from your browser, including your unique device ID, IP address, and from cookies and similar technology. We may use information collected through these tracking technologies to remember information so that you won’t have to re-enter it on subsequent visits, to provide and monitor the effectiveness of the App, to automatically update the App on your mobile device, and for other purposes. Most browsers allow you to block and delete cookies, though depending on your mobile device you may not be able to delete tracking technologies from your device. Deleting or blocking cookies and other tracking technology may cause the App and/or the Website to not work properly. By using the Website and the App, you are authorizing us to gather, parse, and retain data related to the provision of UTrailer’s services.

Other Users.

Each user is solely responsible for any and all of its own “User Content.” Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that UTrailer will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user we are under no obligation to become involved.

Supplemental Rental Agreements.

The Host reserves the right to utilize their own rental agreement.  UTrailer is not part of any verbal or written agreement between Host and Renter outside of these Terms and if there is any conflicting terms between subsequent agreements between Host and Renter, the Utrailer Terms and Conditions will prevail as between UTrailer and Host and/or Renter. Provided however, all protections to any Host and/or Renter outlined within this agreement become null and void once Host and Renter enter into a third party agreement, and Host and Renter are still bound to the original Terms and Conditions outlined above.

Consent to Communications.

You agree that by consenting to these Terms, that by accessing or using the Website and the App, that UTrailer (and its agents and affiliates), may send text messages, calls, emails, and other communications for transactional, administration, and operative purposes (including but not limited to communications concerning your account or access to or use of the Website or App). These communications may use pre-recorded or artificial voice messages and may be generated by automatic telephone dialing systems. Message and data rates may apply.

Third Party Websites, Content, Products and Services.

The Website and the App may contain links to third-party sites that are not under the control of UTrailer to process and facilitate services, payments, and other related services. You agree that UTrailer is not responsible for and does not guarantee the availability of any such website or the accuracy or integrity of the content(s) of any such website or any website that may be linked to from such third-party website. Further, we cannot make any representations nor accept responsibility or liability for the information, products and services or any reliance on the aforementioned when you choose to access these links and leave the Website or the App. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree by using the Website and the App that UTrailer is not responsible for third party content accessible through the Website and the App and that you bear all risks associated with the use of such content. Your correspondence or business or other dealings with any third party found on or through the Website or the App, including payment of related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. UTrailer is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third-party websites on the Website. The existence of a link to a third-party site does not imply any endorsement of the provider or the services they may offer.

Specifically, UTrailer currently uses Stripe, a third-party payment processor.  By using the services on UTrailer’s Website and App, You understand and agree that Utrailer is not responsible or liable for terms and conditions, limitations set by, or monetary action taken by Stripe or any other third party payment processor utilized by UTrailer.  This includes, but is not limited to refunds, service fees, fraudulent charges, or other fees associated imposed by Stripe or any other third party payment processor utilized by UTrailer. By continuing to use the services offered by UTrailer, You agree to be bound by Stripe’s terms and conditions and any other third party payment processor utilized by UTrailer.

For Hosts, by accepting these Terms and as a condition of UTrailer to enable payment processing services through Stripe or any other third-party payment processor utilized by UTrailer, You authorize UTrailer to obtain all necessary access and perform all necessary activity associated with your Stripe Account or any other third party payment processor utilized by UTrailer to facilitate the renting of the Trailer. You further agree to provide accurate and complete information about You and authorize UTrailer to share it with Stripe or any other third party payment processor utilized by UTrailer for the purposes of facilitating the payment processing services provided by Stripe or any other third party payment processor utilized by UTrailer.  UTrailer reserves the right to switch payment processing vendors at its sole discretion without notice to Host(s) or Renter(s).

For Renters, by accepting these Terms, you are giving UTrailer (or our third-party payment processor acting on UTrailer’s behalf) permission to charge the payment card you provided in submitting the booking request. Additionally, you authorize UTrailer, or a third-party service provider acting on behalf of UTrailer, to store payment credential for future use in the event that You owe UTrailer any money.  You authorize UTrailer (or our third-party payment processor) to use stored payment credentials for outstanding balances.

Use by Minors.

Use of the Website and the App is restricted to users at least 18 years of age. If UTrailer discovers through reliable means that a user is less than 18 years of age, UTrailer will terminate such user’s access to the Website and the App.  UTrailer does not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.

Release.

You hereby release and forever discharge UTrailer (and their respective officers, employees,
agents, successors, and assigns), from and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including, but not limited to, personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website and the App (including, but not limited to, any interactions with, or act or omission of, other users).

Disclaimers.

THE WEBSITE AND THE APP ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND UTRAILER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE AND THE APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE AND THE APP, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

Indemnification.

You agree to indemnify and hold UTrailer (and their respective members, officers, employees and agents) harmless, including costs and attorneys’ fees, claims, liabilities, damages, losses, demands, and expenses, arising out of (a) your use of the Website and the App, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your interaction with any user of services offered on the Website and/or the App, (e) your content on the Website and the App, (f) your booking of a trailer or creation of a listing for a trailer, or (g) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. UTrailer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of UTrailer. UTrailer will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.  

Limitation of Liability.

IN NO EVENT SHALL UTRAILER BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF BUSINESS OPPORTUNITY) EVEN IF YOU CLAIM SUCH DAMAGES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

UTRAILER’S TOTAL LIABILITY UNDER OR ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES, AS A RENTER, OR AS A HOST, THE AMOUNT EARNED BY YOU, IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CLAIM FIRST AROSE.  

Term and Termination.

Subject to this section, these Terms will remain in full force and effect while you use the Website and the App. We may suspend or terminate your rights to use the Website or App at any time for any reason at UTrailer’s sole discretion, including for any use of the Website in violation of these Terms. Notwithstanding the foregoing, at any time and from time to time, and for any reason whatsoever (including but not limited to repeated cancellations or no-shows) and in UTrailer’s sole discretion, UTrailer may also suspend or terminate your access to and use of the App or any portion of the Website and the App, or may refuse your current or future access to and use of the App or any portion of the Website and the App, or immediately terminate these Terms without notice to you.

Upon termination of your rights under these Terms, your account and right to access the Website or the App will terminate immediately.  We will not have any liability whatsoever to you for any termination of your rights under these Terms.

Even after your rights under these Terms are terminated the following provisions of these Terms will remain in effect: Section 13, Indemnification; Section 11, Release; Section 12, Disclaimers; Section 14, Limitation of Liability.

Intellectual Property.

All intellectual property rights relating to the Website and the App, and any content published within them are the property of UTrailer, or potentially in some cases its affiliates or third-party providers. Such rights are protected under international copyright law and other applicable property rights and are reserved.

You are permitted to download or print information from the Website and the App if required for personal use and your own information required in order to access the services, providing you retain all copyright and other propriety notices. Users are not permitted to reproduce either in whole or in part, modify, amend, disassemble or transmit information from the website or app without express written permission from UTrailer, nor to make use of any such content for commercial purposes, in any manner under any circumstances.  

In the event that you do print or download any sections of the Website or the App for any purpose not outlined above then your right to access these platforms will cease immediately and you are obligated to either destroy any copies of such materials or return them to UTrailer.

Governing Law.

These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. The parties agree that any action arising out of or relating to these terms and conditions shall be brought exclusively in the courts located in the state of Connecticut, and the parties hereby consent to the jurisdiction of such courts. The parties waive any right to claim that such courts are an inconvenient forum and agree to accept service of process by mail or other means recognized by Connecticut law.

Dispute Resolution/ Class Action Waiver.

All claims and disputes in connection with these Terms that cannot be resolved informally, shall be settled by binding arbitration in accordance with the rules of the Commercial Arbitration Association. The decision and award of the arbitrator will be final and binding. The arbitration will be held in the state of Connecticut. The arbitrator will enforce these Terms and will have no authority to award punitive damages, non-compensatory damages or any damages other than direct damages, or to award direct damages in excess of the limitations and exclusions set forth in these Terms. In the event that user initiate an arbitration for alleged breach of these Terms, and you do not prevail in the arbitration, you agree that UTrailer shall be paid its reasonable attorneys’ fees and costs. The existence of the arbitration, the arbitration proceedings and the outcome of such arbitration will be treated as Confidential Information under these Terms and will not be disclosed by either party.  FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO CLASS ACTION OR COLLECTIVE ACTIONS CAN BE ASSERTED IN ARBITRATION OR OTHERWISE. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR COLLECTIVE PROCEEDING.

Waiver.

The failure of either party to exercise any right or remedy under these Terms, or to enforce the strict performance of any provision of these Terms, shall not constitute a waiver of such right or remedy and shall not prevent the party from exercising such right or remedy at any time in the future.  

Severability.

If any clause or paragraph in these Terms is considered unenforceable or invalid under any law or statute by any order of a court of law, the invalid or unenforceable clause shall not render the remainder of these Terms invalid. Any invalid provision shall be considered altered and interpreted so it does not affect the rest of these Terms.

Modifications and Assignment.

UTrailer reserves the right to modify these Terms at any time, for any reason, and without notice to you. Any such modifications will be effective immediately upon posting on this page.  Your continued use of the Website and the App after any modifications have been made constitutes acceptance of the revised Terms.

It is your responsibility to check this page periodically for any changes to these Terms. If you do not agree to the modified Terms, you must stop using the Website and the App.

You may not assign your rights or obligations under these Terms without our prior written consent. Any assignment in violation of this provision shall be void and of no effect. We may assign our rights and obligations under these Terms at any time, without notice to you, to any affiliated company or to any successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any such assignment shall be binding upon you and shall inure to the benefit of the assignee.

Entire Terms.

These Terms constitute the entire agreement and supersede any and all prior agreements, arrangements and understandings between you and UTrailer regarding the use of the Website and the App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in (or in connection with) these Terms are for convenience only and have no legal or contractual effect.