Terms and Conditions
Load’em Up Trailer Rental and Sales LLC ("Load’em Up Trailers") requests that you read the following terms and conditions (collectively, the "Terms") before using this web site (the "Site"). Your use of the Site constitutes your acceptance of these Terms and your agreement to follow and be bound by these Terms. These Terms constitute a legal, binding agreement between you and Load’em Up Trailers. There may be additional or different terms and conditions stated elsewhere on the Site that apply to your access and use of the Site. If you do not agree to these Terms, you must not access or use the Site.
Changes to the Terms
Load’em Up Trailers may modify these Terms at any time. Those modified Terms will become effective immediately after Load’em Up Trailers posts them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to the modified Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate Load’em Up Trailers’ copyright, trademark, and other proprietary and intellectual property rights.
Modification of the Site
Load’em Up Trailers reserves the right to modify, suspend, discontinue, temporarily or permanently, the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that Load’em Up Trailers will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. Load’em Up Trailers may change the information and materials on the Site from time to time at its discretion. Privacy To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. Load’em Up Trailers is sensitive to privacy issues with respect to the use of personal information that visitors to the Site provide. All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Transmission of Information and Other Materials Via the Site Load’em Up Trailers welcomes your comments and suggestions about the Site and Load’em Up Trailers’ products and services, but Load’em Up Trailers does not wish for you to send any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to Load’em Up Trailers via the Site, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, "Information"), will not be considered confidential or proprietary, even if the Information is labeled "Confidential" or "Proprietary." Further, Load’em Up Trailers will own all Information you submit to it via the Site, and by submitting the Information to Load’em Up Trailers, you irrevocably assign to Load’em Up Trailers all worldwide rights, title and interest in and to that Information. Load’em Up Trailers will be free to reproduce, use, disclose and distribute Information to others without limitation or liability. Load’em Up Trailers may use any ideas, concepts, know-how or techniques in the Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Information, without providing any notice, compensation, or attribution to you. Administrator In connection with the Customer's initial enrollment for access to the Website, the Customer must establish one of its Website Users to be its administrator ("Administrator"). The person completing the Administrator sign in form will be required to confirm such person's authority to use the Website during the initial sign in process by checking the box next to the following statement: "Yes, I represent that I am the individual identified above and I have been granted the authority by the Customer to have access all the information contained on the Website for the Customer accounts identified above and that nothing prohibits myself or Customer from participating in the Website." In addition, the Administrator must check the box next to the following statement: "Yes, I have read and accept the Website User Agreement of Load’em Up Trailers”. Upon acceptance of this User Agreement, Administrator will be provided a User ID and password by Load’em Up Trailers for access to the Website. The Administrator is responsible for promptly informing Load’em Up Trailers of any changes to the Customer's user information and terminating access rights previously granted to Website Users who are no longer employees or agents of the Customer. About Children The Site is not intended for use by anyone under the age of 18 without the prior consent and ongoing supervision of a parent or guardian. By using the Site, you represent and warrant to Load’em Up Trailers that you meet the foregoing age requirement. Load’em Up Trailers will not knowingly collect personally identifiable information via the Site from visitors under the age of 18 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected. Intellectual Property Load’em Up Trailers owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the "Content"), all of which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Absent Load’em Up Trailers’ express written permission as to particular Content on the Site, you may use the Content only for personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, without Load’em Up Trailers’ prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited. Prohibited Actions You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with section of these Terms titled "Intellectual Property"; (d) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation; (e) to impersonate or attempt to impersonate Load’em Up Trailers, a Load’em Up Trailers employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Load’em Up Trailers or users of the Site or expose them to liability, or (g) to interfere with the proper working of the Site. References to Other Companies/Links to Other Websites References on the Site to names, marks, products, or services of third parties or hypertext links to third-party websites do not constitute or imply Load’em Up Trailers’ endorsement, sponsorship, or recommendation of the third parties or their products, services, or websites. Load’em Up Trailers does not monitor or control the content of any website linked to or from the Site, and Load’em Up Trailers is not responsible for the content of those other websites or the terms of use or privacy practices of those sites. Linking to the Website and Social Media Features You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; or (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. Disclaimers of Warranties Load’em Up Trailers offers and displays products on this site as reasonable representations of the potential configuration, design, specification, and/or of its equipment and services. However, Load’em Up Trailers does not guarantee that the equipment and services representations are accurate or that each product will be available at every store location. Load’em Up Trailers sells and rents its equipment and/or services pursuant to specific purchase and rental agreements which set forth all terms and conditions of the specific sale or rental, including warranty terms and exclusions. Carefully read any such sale or rental agreement. Load’em Up Trailers disclaims and excludes any and all express and implied warranties for the equipment and/or services which are not set forth in the sale or rental agreement whether or not information on the equipment and/or services appears in this site. Load’em Up Trailers disclaims all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. Load’em Up Trailers disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. Load’em Up Trailers does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. Load’em Up Trailers and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. LOAD’EM UP TRAILERS DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES. IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation of Liability IN NO EVENT WILL LOAD’EM UP TRAILERS, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE "SITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM LOAD’EM UP TRAILERS, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification You agree to defend, indemnify and hold harmless Load’em Up Trailers, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, or (d) your violation of these Terms. Electronic Communications When you visit the Site or send e-mails to Load’em Up Trailers, you are communicating with Load’em Up Trailers electronically. You consent to receive communications from Load’em Up Trailers electronically. Load’em Up Trailers will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Load’em Up Trailers provides to you electronically satisfy any legal requirement that such communications be in writing. Your Account If you set up an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Load’em Up Trailers reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. Conflict Resolution These Terms will be governed by the laws of the State of Minnesota, excluding its conflicts of law provisions. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in Minnesota state courts in Carver County, Minnesota. Load’em Up Trailers and you consent to the jurisdiction of those courts. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Severability and Waiver The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. Load’em Up Trailers’ failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. Notices If you have any questions regarding the Site or these Terms, please contact us at: info@loademuptrailers.com Last updated 4/22/2022 https://loademuptrailers.com/