Terms of Use

Cargo Trailer Guide, LLC and its subsidiaries and corporate affiliates (collectively, “we,” “ours,” or “us”) provide products and services through our web site, CargoTrailerGuide.com, and mobile applications. Hereinafter referred to as “sites,” “services,” or “our sites and services.”

These terms, including any schedules and supplemental terms (collectively, “Terms of Use” or “TOU”) applies to our sites and services on which we display or post a direct link to this TOU. Any conflict between this TOU and any supplemental terms to a site or service, the supplemental terms will control. This TOU does not apply to those sites and services that do not display or link to this TOU, or that have their own terms of use.

It is your responsibility to review these TOU periodically. If at any time you find these TOU unacceptable or if you do not agree to these TOU, please do not use this site.  If you stop using this site because you do not agree with the TOU, any continuing access or use of our sites and service is unauthorized. We reserve the right to revise these TOU at any time without notice to you.

By using our site(s) and services, you, hereinafter referred to as “User”, accept and agree to this TOU as a legal contract between you and us. You agree to follow and be bound by these TOU and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.

Any future changes to our TOU will be applicable to all subsequent access to or use of our sites and services.

Unless expressly permitted by supplemental terms, our sites and services are intended for persons 18 years of age and older, and access or use by anyone younger is not authorized.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These TOU grant you a limited, revocable, nonexclusive license to access and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TOU, on an “AS IS” basis.

  1. Ownership. This Site and any others we may operate, is owned by Cargo Trailer Guide, LLC.  All rights, title and interest in and to the materials provided on our Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Cargo Trailer Guide, LLC or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Cargo Trailer Guide, LLC, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way.  Nothing on this Site shall be construed to confer any license under any of Cargo Trailer Guide, LLC or Cargotrailerguide.com intellectual property rights. Any rights not expressly granted herein are reserved by Cargo Trailer Guide, LLC and Cargotrailerguide.com.
  2. Limited Permission to Download. Cargo Trailer Guide, LLC hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (a) the copyright and trademark notice appearing below appears in such Materials, (b) the Materials are not used on any other Web site or in a networked computer environment and (c) the Materials are not modified in any way. This permission automatically terminates without notice if you breach any of the terms or conditions of these Terms of Use. Any unauthorized use of Materials contained on this Site may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.
  3. Links to Third Party Sites. This Site and some of the articles on this Site may contain links to other resources on the Internet. These links are provided to help you locate other Internet resources that may be of interest to you, and are not intended to state or imply that Cargo Trailer Guide, LLC and Cargotrailerguide.com sponsor or are affiliated or associated with any of them or endorse them. Cargo Trailer Guide, LLC and Cargotrailerguide.com may work with and link to partners and affiliates web sites (Third Party Sites). Cargo Trailer Guide, LLC is not responsible for and does not endorse or accept any responsibility for your use of any Third Party Site, any Web site accessed from a Third Party Site, or any changes or updates to such sites. Cargo Trailer Guide, LLC and Cargotrailerguide.com make no guarantees about the content or quality of the products or services provided on such sites. Cargo Trailer Guide, LLC is providing these links to you only as a convenience. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Cargo Trailer Guide, LLC is not responsible for any loss or damage of any sort you may incur from dealing with a third party or its web site.
  4. Privacy Policy. Cargo Trailer Guide, LLC respects your privacy and permits you to control how we treat your personal information on our site. A complete statement of the Cargo Trailer Guide, LLC current Privacy Policy can be found by clicking here. Cargo Trailer Guide, LLC Privacy Policy is expressly incorporated into this Agreement by reference. When you open an account to use or access our Site or our Services, you must provide complete and accurate information as requested. You may also be asked to provide a user name and password. It is your responsibility to maintain the confidentiality of your password. You may not use anyone else’s account, user name or password at any time. You must notify Cargo Trailer Guide, LLC immediately of any unauthorized use of your account, user name, or password. Cargo Trailer Guide, LLC shall not be liable for any losses you incur as a result of someone else using your account or password, either with or without your knowledge. You may also be held liable for any losses incurred by Cargo Trailer Guide, LLC, our affiliates, officers, directors, employees, and representatives due to someone else’s use of your account or password. Certain Cargo Trailer Guide, LLC products or services may require you to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Cargo Trailer Guide, LLC a worldwide, royalty-free, and sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of our documents or services. You may revoke this license and terminate Cargo Trailer Guide, LLC rights at any time by removing your personal information from our Site.
  5. Other Disclaimers. The use of certain parts of our site and services also have supplemental terms based on the subject matter and content of that specific part of our site or services, including our sits and services set forth below. The supplemental terms governing those specific sites and services at the following links:
  6. Additional Terms. Some Cargo Trailer Guide, LLC Services may be subject to additional terms of service and your use of such Services will be conditioned on your agreement to the additional terms.
  7. Reviews, Comments, Communications, and Other Content. At various locations on the Site, Cargo Trailer Guide, LLC may permit visitors to post reviews, comments, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph in addition to the other terms and conditions of these TOU. Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services and all such prohibitions are expressly incorporated into these TOU as stated in the introductory paragraphs above. You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post). We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our sites and services) by any user (or any other third party in any manner); and to enforce these TOU, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). If the staff of Cargo Trailer Guide, LLC observes that a visitor’s files or processes pose a threat to the proper technical operation of our system or to the security of other visitors, Cargo Trailer Guide, LLC reserves the right to delete those files or to stop those processes. If our staff suspects a user name is being used by someone who is not authorized by the proper user, we may temporarily disable that user’s access in order to preserve system security. In all such cases, Cargo Trailer Guide, LLC will contact the member as soon as feasible and resolve the situation. Although our representatives may moderate content on our sites and services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TOU violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our sites and services are solely those of the poster and not ours, or an our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own.  This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted. We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TOU by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.
  8. Rights and Responsibilities of Users or Posters of User Content. You are legally responsible for any User Content that you post using any Cargo Trailer Guide, LLC service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark). Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that content to make personal and customary use of the work. You also give Cargo Trailer Guide, LLC permission to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time. Your access to the User Content is for your personal use only. If you want to redistribute User Content postings, it is your responsibility to obtain permission from the poster (and any other person with rights in such work). The use of your Cargo Trailer Guide, LLC user account or posting User Content for any illegal activity under the laws of Florida and the United States is a violation of these Terms of Use. Since Cargo Trailer Guide, LLC is open to worldwide visitors, we cannot guarantee that you won’t run into legal trouble in other jurisdictions regarding your posted content. We reserve the right, in our sole discretion, to edit or redact any User Content, or pre-screen or delete any inappropriate User Content, including but not limited to User Content containing offensive language and advertisements. Cargo Trailer Guide, LLC reserves the right to refuse service to anyone and to cancel user access at any time. You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “our representatives” and individually “our representative”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TOU. We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our sites and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto. If you have a complaint or disagreement with the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Cargo Trailer Guide, LLC staff will not take a role in mediating conflicts between you and other users. Cargo Trailer Guide, LLC does not take responsibility for your behavior or that of other users. You agree to guard your account, your account information, and password. If you have reason to believe your account information or password has been compromised or there has been any unauthorized use of your account, contact your Cargo Trailer Guide, LLC as soon as possible.
  9. Accounts and Postings. This section 9 applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 9. (a) Accounts. A user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it. The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TOU also is expressly prohibited. (b) Postings. Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.” It is expressly prohibited for any third party to post content to our sites and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them. It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means. Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
  10. Unauthorized Access and Activities. This section 10 applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 10. To maintain the integrity and functionality of our sites and services for its users, access to our sites and services and/or activities related to our sites and services that are harmful to, inconsistent with or disruptive of our sites and services and/or users’ beneficial use and enjoyment of our sites and services are expressly unauthorized and prohibited. For example, without limitation:

Any copying, aggregation, display, distribution, performance or derivative use of our sites and services or any content posted on our sites and services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access our sites and services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access our sites and services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our sites and services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of our sites and services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our sites and services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

The collection of our sites and services users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our sites and services in compliance with these TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our sites and services in any manner are expressly prohibited.

Any effort to decompile, disassemble or reverse engineer all or any part of our sites and services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TOU.

If you access our sites and services or copy, display, distribute, perform or create derivative works from our sites and services webpages or our intellectual property in violation of these TOU or for purposes inconsistent with these TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our sites and services or any provision of these TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.

11. Your Interaction With Others. We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

12. Fees, Payment, and Collection. a. Fees and Payment. We may charge a fee to post content or for other features, products, services or licenses. You are responsible for any such fees that are purchased through your account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law, all fees are nonrefundable and payments and purchases may not be canceled by the user. Furthermore, you agree that if you use a credit or debit card, you will not request a charge-back from the card issuing company after services or a product has been provided or delivered. In the event you file for a charge-back and your charge-back request is rejected by the card company, you agree to pay the Cargo Trailer Guide, LLC an administrative fee in the amount of $350 and authorize Cargo Trailer Guide, LLC to charge this fee on your debit or credit card. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.  b. Collection. If your services are terminated, you will remain fully liable to us for all charges pursuant to the TOU and any and all costs we incur to collect such amounts, including, without limitation, collections costs and attorney’s fees.

13. No Warranty. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CARGO TRAILER GUIDE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.CARGO TRAILER GUIDE, LLC MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS PROVIDED WILL MEET YOUR EXPECTATIONS.OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CARGO TRAILER GUIDE, LLC BEARS NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE FROM THE SITE.

14. Limitation of Liability. YOU HEREBY RELEASE CARGO TRAILER GUIDE, LLC, ITS SUBSIDIARIES,OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, HEIRS, SUCCESSORS, PREDECESSORS, ASSIGNS, SERVICE PROVIDERS, OR SUPPLIERS, FROM ALL LIABLILITY, CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE KNOWN AND UNKNOWN. THIS SHALL INCLUDE ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF CARGO TRAILER GUIDE, LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY SUCH COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides:  “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Indemnification. You agree to defend, indemnify and hold harmless Cargo Trailer Guide, LLC and Cargotrailerguide.com, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

16. Damages. We may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TOU for which you bear responsibility; except you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay us liquidated damages. Furthermore, you agree that the amounts of liquidated damages are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these TOU are and will be cumulative.

17. Injunctive Relief. You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief without bond (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.

18. Release of Information. Our Privacy Policy prohibits the release of user or account information except in limited circumstances, including with express permission from the user, as and when required or permitted by law, or to comply with legal process properly served on us. We require service of a civil subpoena before we will release the identity or account information of a user of our sites and services in connection with a civil legal matter. We reserve the right to disclose any personal information about you or your use of our sites and services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites and services or information provided to or gathered by us with respect to such use.

19. Copyright Policy. We have adopted and implemented a copyright policy in accordance with the Digital Millennium Act. In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

20. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

21. Personal Use. The site is made available for your personal use on your own behalf.

22. Billing Disputes. You must notify us in writing within seven days after receiving your credit or debit card statement if you dispute any of our charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:

billing@cargotrailerguide.com.

23. Entire Agreement. These TOU (along with any documents linked to in these TOU) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU. If any provisions of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect.

24. Governing Law; Venue. By using this Site, you agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the state where Cargo Trailer Guide, LLC was formed, excluding its choice of law rules. Any legal action relating to your access to or use of the Site or Materials shall be commenced in a state or federal court in the county where Cargo Trailer Guide, LLC was formed. You and Cargo Trailer Guide, LLC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.

25. Copyrights and Trademarks. All Site design, logos, text, graphics, and the selection and arrangement thereof, Copyright © 2015, Cargo Trailer Guide, LLC, ALL RIGHTS RESERVED.  Cargo Trailer Guide, LLC, cargotrailerguide.com, our logo, all images and text, and all page headers, and custom graphics are service marks, trademarks and/or trade dress of Cargo Trailer Guide, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

26. Inquiries. BY USING THE SERVICES OF CARGO TRAILER GUIDE, LLC OR ACCESSING THE CARGOTRAILERGUIDE.COM SITE, YOU ACKNOWLEDGE AND ACCEPT THAT BY SUBMITTING YOUR TELEPHONE NUMBER TO CARGOTRAILERGUIDE.COM VIA OUR SITE CONSTITUTES AN INQUIRY TO CARGOTRAILERGUIDE.COM, AND THAT CARGO TRAILER GUIDE, LLC AND CARGOTRAILERGUIDE.COM MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS.

27. Acknowledgement. BY USING CARGO TRAILER GUIDE, LLC ‘S SERVICES OR ACCESSING THE CARGOTRAILERGUIDE.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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