PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU
These Terms of Sale apply to your purchase of online ads that are offered through Trailer Store USA’s “Sell Your Trailer” service. By placing an order for any ad appearing through the Sell Your Trailer service, you accept and are bound by these terms and conditions. Additionally, you will be agreeing to our Visitor Agreement and Privacy Statement, copies of which are posted on the website. Please take a moment to review our Visitor Agreement and Privacy Statement. If you do not wish to be bound by these terms and conditions, you should not place an order for an ad through this service.
1.1 Sell Your Trailer ads are available only to private sellers who want to list their personally owned trailer(s) for sale. Trailer Store USA and its affiliates reserve the right (but assume no obligation) to delete, move, or edit (without refund) any ads or posting(s) that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
1.2 You may not list more than five (5) vehicles simultaneously through the Sell Your Trailer service. Individuals who seek to list more than five (5) trailers on the Trailer Store USA website simultaneously, as well as all dealers, brokers, businesses or persons otherwise engaged in the commercial sale of trailers or offering trailers for sale as a paid service to a seller or title holder, must make other arrangements with us and our affiliates to place such commercial ads. Please visit our Trailer Store USA Dealer page to find out more about dealer listings and advertising opportunities on Trailer Store USA and our affiliated products and services.
1.3 By using the Sell Your Trailer service, you represent that you are at least eighteen years of age, (b) you are not a trailer dealer, broker, business or person otherwise engaged in the commercial sale of trailers, (c) you are not offering trailers for sale as a paid service to a seller of a trailer, and that you are not listing a trailer for sale in your capacity as an employee or representative of a dealer, broker, business or person otherwise engage in the commercial sale of trailers, (d) you are not acting as a broker or agent for a private seller that places an ad through the Sell Your Trailer service, and (e) neither you nor anyone acting on your behalf will list more than five (5) trailers for sale simultaneously through the Sell Your Trailer service.
1.4 Trailer Store USA and its affiliates reserve the right to deny use of their respective online and offline products and services, which includes the Trailer Store USA to anyone who does not comply with these Terms of Sale or who otherwise use such online and/or offline products or services, including the Trailer Store USA website, in a manner we consider inappropriate
1.5 Our used trailer listings include trailers that have been “certified” as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned trailer programs. Ads purchased by private sellers through the Sell Your Trailer service will not appear in any “certified” area of our website or any similar area within our affiliated products and services. Our “certified” ads apply only to trailers certified by the trailer manufacturers and/or dealers with which we have partnerships.
2. Using the “Sell Your Trailer” Service
2.1 When you offer a trailer for sale through the Sell Your Trailer service, you must be prepared to sell that trailer at the price at which, and the terms on which you’ve listed. You must have possession of the actual vehicle listed.
2.2 To list a trailer for sale through the Sell Your Trailer service, you are required to provide certain identifying and contact information. The information in your ad must accurately identify you and the method of contact must permit buyers to communicate directly with you. You may not include in your ad the name, telephone number or email address of any agent, broker, or dealer. Only your personal contact information may appear in your ad.
2.3 You may not charge any potential buyer for information about any trailer listed for sale on Trailer Store USA, nor may you use our website to promote, without our prior written permission, any other website, product or service. Any rights and obligations you maintain under these Terms of Sale to access and use the Sell Your Trailer service are personal to you. Consequently, you may not assign or delegate any such rights or obligations to any third party, which includes agents, brokers, or dealers.
2.4 Ad(s) placed through the Sell Your Trailer service may not be used to advertise more than one trailer per ad purchased, regardless of the type of advertising package you select or the duration of its publication. For this reason, you may not edit your trailer’s Year, Make, Model, and VIN once you purchase our ad. Always double-check this information before submitting your ad. If you believe you made an error while submitting your trailer’s Year, Make, Model, or VIN, you must promptly contact Trailers Store USA’s customer support at TrailerUSASupport.com or by calling 844.293.9203.
2.5 Responsibility for the information contacted in your ad lies with you, the seller. You alone are responsible for material you post online, and for the content of all text messages transmitted through the online portions of the Sell Your Trailer service.
3. Quality Assurance
3.1 Though we can’t monitor every transaction that originates on or takes place through the Sell Your Trailer service, we may perform random quality assurance tests to confirm that sellers who offer trailers for sale through the Sell Your Trailer service are prepared to sell the trailers they advertise at the prices at which, and the terms on which, they advertise them.
3.2 Photos submitted as part of any ad placed through the Sell Your Trailer service must correspond to the actual vehicle being offered for sale. As part of our random quality assurance tests, if we encounter a photo that we believe does not accurately represent the actual vehicle you are offering for sale through the Sell Your Trailer service, we maintain the right to immediately remove such photo(s) and/or your corresponding ad. If you believe your photo(s) and/or your corresponding ad was removed in error, you may contact one of our customer service representatives by calling 844.293.9203 or emailing TrailerUSASupport.com.
3.3 By using the Sell Your Trailer service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that you are engaging in “bait and switch” or other unfair or deceptive practices, Trailer Store USA and/or its affiliates reserve the right to deny you use of the Sell Your Trailer service.
3.4 In connection with our efforts to combat fraud, some ads may be screened before being posted publicly. This process may delay display of your ad listing(s) for up to 24 hours from the time we accept your ad. If your ad does not appear on Trailer Store USA after 24 hours, you should contact one of our customer service representatives by calling 844.293.9203 or emailing TrailerUSASupport.com. As part of our effort to combat fraud, we may also screen any text messages sent to sellers through the Sell Your Trailer service’s online inquiry form.
3.5 Although Trailer Store USA cannot monitor all the ads processed through the Sell Your Trailer service, we reserve the right (but assume no obligation) to delete, move, or edit (without refund) any ads, postings or other electronic communications that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
3.6 By placing ads through the Sell Your Trailer service you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy Trailer Store USA or our affiliates products and services. Trailer Store USA and our affiliates retain the rights to deny access to anyone who we believe has violated the Terms of Sale, our Visitor Agreement, and/or Privacy Statement.
3.7 Except as otherwise provided under these Terms of Sale, Trailer Store USA and our affiliates will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Trailer Store USA or any of our affiliates. However, Trailer Store USA and our affiliates may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce these Terms of Sale or to protect the rights, property or safety of visitors to our site, our advertisers, our affiliates, the public or Trailer Store USA.
4. Fees, Payments and Refunds; Premiums, Promotions and Free Services
4.1 By placing an ad through the Sell Your Trailer service, you agree to pay all fees and charges incurred at the rates in effect for the billing period covering the advertising package(s) you obtain, regardless of whether your vehicle sells as a result of the ad package(s) you purchase. All fees and charges will be applied against the form of payment you provide as part of the ad selection process and you agree to pay such fees and charges. You also agree to pay any applicable taxes relating to your use of the Sell Your Trailer service. At its sole discretion, Trailer Store USA reserves the right at any time to offer the Sell Your Trailer service at a discount or to provide premiums and promotions as incentives, up to and including free Sell Your Trailer Services.
4.2 Should Trailer Store USA offer Sell Your Trailer ads at no charge on our website and/or via our call center(s), we may, at our sole discretion, offer these ads nationally, in a limited number of markets, to a limited number of advertisers, or for a limited period of time. When you list a trailer for sale using any free Sell Your Trailer advertising service that we may offer, you will be asked for information on the trailer you are selling and on how you can be contacted by potential buyers. We may also ask you for other personally identifying information for security purposes. We may use this information to contact you about your listing, or for marketing and other promotional purposes, including offers of additional paid ad services. By placing a free Sell Your Trailer ad on Trailer Store USA you agree to be contacted by us about your listing, or for marketing and other promotional purposes, including offers of additional paid ad services. By placing a free Sell Your Trailer ad on Trailer Store USA you agree to be contacted by us about your listing or for marketing and other promotional purposes, via any of the contact methods that you supply, including telephone, email and snail mail. We may also share, or sell the contact information you provide with companies who advertise on our website, or who otherwise compensate us for this information with either Trailer Store USA or our advertisers for the purpose of receiving marketing and promotional offers. If this is the case, you should not use our free Sell Your Trailer Service.
4.3 You must use care when selecting your ad package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your trailer. Because you place the order for “online only” ads through the Sell Your Trailer service, Trailer Store USA and its affiliates cannot be responsible for your ad listing errors and, therefore, we cannot offer refunds on any fees or charges to list our ad(s).
4.4 Trailer Store USA will provide you a refund or credit only for the reasons identified in Subsection 4.4.1 through 4.4.2 below:
4.4.1 You may be entitled to a refund or credit if your ad has not been posted on this website within the first 72 hours from the time we accept your order for an ad. In that case, you must immediately contact Trailer Store USA’s customer service at 844.293.9203 to request a refund or credit. You may not request, and we will not issue a cancellation and refund or credit due to non-publication of your ad within the first 24 hours, starting from the time we accept your order for an ad, which includes the time you take to post your trailer’s photo within the Sell Your Trailer service. You agree that Trailer Store USA will have at least 24 hours to fully process your entire ad listing through the Sell You Trailer service which includes clearing your ad listing through the Sell You Trailer service’s anti-fraud filters.
4.4.2 You may be entitled to a refund or credit if you mistakenly order and pay for duplicate ads through the Sell Your Trailer service and seek to cancel and obtain a refund or credit on the duplicate ad only. You are not entitled and we cannot provide you a refund or credit on the original ad listing.
4.5 Trailer Store USA and its affiliates will not provide a refund or credit for any Sell Your Trailer ad for any reason other than as described in Subsection 4.5.1 through 4.5.2, above, even if you contact us within 72 hours from the time we accept your order for an ad. For example, we cannot provide you a refund or credit if you change your mind about publishing your ad, its content or any enhancements you purchased in relation to your ad selection. You are not entitled to a refund or credit if you wish to change to a less expensive ad package. We cannot provide you a refund or credit if you made mistakes while submitting your ad information or if you fail to receive any inquiries or offers to purchase your trailer through the use of the Sell Your Trailer service. No refund or credit will be issued if you sold your trailer through other means. Likewise, you are not entitled to a refund or credit if you place an ad on the Trailer service through a third party source (for example, newspapers or third party websites) and you also place a similar or identical ad directly with Trailer Store USA. Such ads are not considered “duplicates” and you will not be entitled to cancel any such ads nor will you be entitled to a refund or credit of any fees or charges associated with any such ads.
4.6 Except as provided under Subsections 4.5.1 through 4.5.2 while Trailer Store USA and its affiliates will not provide you a refund or credit in cases where we have made mistakes in the connection with the publication of your ad(s), Trailer Store USA will use reasonable efforts to correct any mistakes we might have made in placing your ad; provided that you contact Trailer Store USA’s customer support within the first 72 hours from the time we accept your order for an ad.
4.7 If you make a mistake while submitting an ad through the Sell Your Trailer service, we will use reasonable efforts to make corrections (i.e., ads we reasonably determine are duplicative or contain erroneous ad information). You may incur an added charge if your wish to order enhancements to your initial ad order. If your ad on Trailer Store USA was purchased through a third party source (for example, a newspaper or third party website), we do not have the authority to make any changes to your ad and we cannot provide you a credit or refund for such ads.
5. Added Value Services
5.1 When you list a vehicle for sale through the Sell Your Trailer service, we may obtain additional distribution for your ad listing through our relationships with other websites. At this time, neither Trailer Store USA nor any website through which we distribute your listing will charge you any additional fee for this additional exposure. It’s just added value from Trailer Store USA.
6. Ads with “Run ‘til It Sells” Feature
6.1 Subject to these Terms of Sale, ads which can be purchased through the Sell Your Trailer service and which includes a “Run ‘til It Sells” feature, may not be published or available for publication through the Sell Your Trailer service for a period greater than 365 consecutive days in the aggregate.
6.2 In all cases, your right to publish each “Run ‘til It Sells” ad will expire, and such ad will be removed from our website and our other affiliated services on the 365th day from the date you placed your original order for such ad through this website. To extend the publication of a “Run ‘til It Sells” ad beyond its 365-day lifespan, you must contact Trailer Store USA’s customer support at 844.293.9203. Trailer Store USA and/or its affiliates may require that you provide additional information about your trailer in order to determine whether an extension will be granted. Additionally, Trailer Store USA and its affiliates may require that you remit an additional payment to extend your “Run ‘til It Sells” ad listing beyond its initial 365-day lifespan.
7. Disclaimer of Warranties, Limitation of Liability, and Indemnification
7.1 IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE AND/OR THROUGH AFFILIATED PRODUCTS OR SERVICES. THIS WEBSITE AND ANY AFFILIATED PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS IS.” TRAILER STORE USA AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAIALBE THROUGH THIS WEBSITE OR ANY AFFILIATED PRODUCT OR SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE TRAILER STORE USA WEBSITE AND/OR ANY AFFILIATED PRODUCT OR SERVICE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE TRAILER STORE USA WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2 UNDER NO CIRCUMSTANCES WILL TRAILER STORE USA OR IT AFFILIATES AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY AFFILIATED PRODUCT OR SERVICE ASSOCIATED WITH OR OTHERWISE LINKED TO OR FROM THIS WEBSITE, OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OR ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF TRAILER STORE USA AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE, THE SELL YOUR TRAILER SERVICE, AND/PR ANY AFFILIATED PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID. FOR THE USE OF THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
7.3 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TRAILER STORE USA, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE OR ATTEMPT TO PLACE THROUGH THE SELL YOUR TRAILER SERVICE.
8.1 These Terms of Sale are made in, and will be constructed in accordance with the laws of, the State of Texas, without regard to its choice of law rules. By using the Sell Your Trailer service, you consent to the exclusive jurisdiction and venue of the state and federal courts in Cass County, Texas for all disputes arising out of or relating to these Terms of Sale or the use of the Sell Your Trailer service.
8.2 These Terms of Sale, together with the Trailer Store USA Visitor Agreement and Privacy Statement, contains the entire agreement and understanding between you and Trailer Store USA regarding the subject matter hereof, and supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. Trailer Store USA reserves the right to modify these Terms of Sale from time to time and will post any such changes on the Trailer Store USA website. Your use of the Sell Your Trailer services after Trailer Store USA has posted such modifications to these Terms of Sale on the Trailer Store USA site will constitute your assent to any such modifications.