Terms of use and sale

Last Updated: December 14, 2021

These Terms of Use and Sale (“Terms”) apply to your use of the TexTrail, Inc. (“TexTrail” or “we”) website and your purchase of any Products or services from TexTrail. Throughout these Terms, “Products” means the goods sold by TexTrail and “Website” refers to our website at https://textrail.com/. By accessing or using our Website, including to purchase Products, you agree to these Terms on behalf of yourself and the entity you represent. If you do not agree to these Terms, do not access or use the Website to purchase Products, or for any other purpose.

We may provide different or additional terms in relation to some of our Products or services or pursuant to an agreement executed between us and the entity you represent, and those different or additional terms become part of your agreement with us if you purchase those Products or use those services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Website or updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your purchase of a Product or continued use of the Website after we provide such notice will confirm your acceptance of the changes.

If you have any questions about these Terms or our Products or services, please contact us using the contact information at the end of the Terms.

Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

Eligibility

You must be at least 18 years of age to use our Website. All references to “you” throughout these Terms will include the entity you represent. You represent that you are authorized to accept these Terms on your entity’s behalf, and in the event you or your entity violates these Terms, your entity will be responsible to us.

User Accounts and Account Security

Customers apply for accounts by filling out the application on our Website. If you are your entity's designated administrator, we will create a customer account for you based on the information you provide to us when you apply, and enable you to add additional authorized users and set their permissions, update your entity's information, and manage settings and preferences. Administrators and authorized users associated with a customer account must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. Your company may have additional requirements applicable to your account registration, and you are solely responsible for complying with your company’s policies.

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order, including any applicable Taxes (defined below) and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select to proceed with your order.

Our presentation of Products will not be considered a binding offer, but rather an invitation to place an order. When you conclude the online purchase process, we will have a binding contract of sale. You may update your cart at any time before concluding the online purchase process. We will not proceed with the delivery process until your payment has been received.

Pricing and Availability

All prices will be shown in U.S. dollars. Prices do not include applicable Taxes (defined below), shipping and handling charges, or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any Taxes, charges and other fees.

All Products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order, and discontinue sales of Products without prior notice. Prices for Products are subject to change at any time, but such changes will not affect any order for Products you have already placed.

Taxes

To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (collectively, “Taxes”) due with respect to your purchase and use of Products. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. TexTrail is not required to collect and remit sales or use taxes in all states and jurisdictions. If you do not pay such taxes or fees in connection with your purchase of a Product, you will be responsible for such taxes or fees in the event that they are later determined to be payable. TexTrail reserves the right to collect such taxes or other fees from you at any time.

Shipping; Risk of Loss

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to a Product passes to you upon delivery of the Product to your specified delivery location. If you have any questions or concerns regarding shipping, please contact us at 1-800-800-4073.

Returns and Refunds

Except as otherwise stated in the Product offer, we accept returns and issue refunds for Products that you purchase directly from us under certain conditions. In order to return a Product and receive a refund you must contact us to obtain a return authorization number. The Product must be received by us in an unopened and pristine condition within 30 days of the issuance of a return authorization number. You are solely responsible for any return shipping costs. Delivery shipping costs will only be refunded if you return all of the items in an order. Any costs associated with expedited shipping will not be refunded under any circumstances. If we, in our sole discretion, determine that you are eligible for a refund, such refund will be issued within 30 business days to your original payment method for the total amount paid for the applicable Products, less any shipping costs that are not eligible for a refund.

Warranty

When you purchase a Product on the Website, we pass through manufacturers' warranties, if any, on our Products to you. You can view warranties in the applicable Product details on the Website.

Errors

We attempt to be as accurate as possible and to eliminate errors on our Website; however, we do not represent or warrant that the descriptions, pricing or other Product-related information on our Website is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.

User Content

Our Website may allow you and other users to create, post, and share content, including product reviews (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and TexTrail.

You grant TexTrail a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Website, you understand that your User Content and any associated information (such as the nickname you choose) may be visible to others.

You may not create, post, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

Prohibited Conduct

When using our Website, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you agree that you are solely responsible for your conduct when using our Website, services, or any Products. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and TexTrail;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Website, except as expressly permitted by us or our licensors;
  • Modify our Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Website;
  • Use our Website other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users of the Website from fully enjoying our
  • Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
  • Use our Products other than for their intended purpose;
  • Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Website;
  • Develop or use any applications that interact with our Website without our prior written consent;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Website or any Products purchased from our Website for any illegal purpose, or engage in, encourage or promote any activity that violates these Terms.

You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Website, or may expose TexTrail or others to any harm or liability of any type.

 

Ownership; Limited License

The Website, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by TexTrail, its affiliates, or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Website are reserved by us and our affiliates, or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Website for the purposes authorized in these Terms. Any use of the Website other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and will violate our intellectual property rights.

Trademarks

“TexTrail,” “TexTrail, Inc.,” “TexTrail Trailer Parts,” and our and our affiliates’ (including American Trailer World Corp. d/b/a ATW and entities under common control with ATW) logos, our product or service names, our slogans and the look and feel of the Website are trademarks of TexTrail and its affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos featured on the Products or the Website are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

Feedback

You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about TexTrail or our Products, Website, or services (collectively, “Feedback”). You understand that we may use such Feedback, whether communicated to us directly or through any third party platforms, for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in TexTrail’s sole discretion. You understand that TexTrail may treat Feedback as nonconfidential.

Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Website (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. TexTrail does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless TexTrail and our current and any future parent company, subsidiaries, and affiliates, and each of our respective officers, directors, agents, partners and employees (together with TexTrail, the “TexTrail Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Website or Products; (b) your Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify the TexTrail Parties of any third-party Claims, cooperate with the TexTrail Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the TexTrail Parties will have control of the defense or settlement, at TexTrail’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the TexTrail Parties.

Disclaimers

Your use of our Products, Website, and any of our services, is at your sole risk. Except as otherwise provided in a writing by us, our Products and Website and any content therein, and any services we offer, are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, TexTrail does not represent or warrant that our Products, Website, or any services are accurate, complete, reliable, current or error-free. While TexTrail attempts to make your use of our Products and Website and any content therein safe, we cannot and do not represent or warrant that our Products, Website, or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Products, the Website, and any of our services.

Limitation of Liability

To the fullest extent permitted by applicable law the TexTrail Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental or special damages or lost profits, even if the TexTrail Parties have been advised of the possibility of such damages.

The total liability of the TexTrail Parties for any claim arising out of or relating to these Terms or our Products, the Website, or any of our services, regardless of the form of the action, is limited to the greater of USD$100.00 or the amount paid by you to purchase the Products or services that are the subject of the claim.

Arbitration. Any controversy arising under or related to these Terms, and any disputed claim by any party against another under these Terms, excluding any dispute relating to patent validity or infringement arising under these Terms, shall be settled by arbitration in accordance with the then existing Commercial Arbitration Rules of the International Chamber of Commerce (the “Rules”). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce. Upon request by a party, arbitration will be by a panel of three arbitrators within 30 days of such arbitration request. Each party shall select one arbitrator, and the final arbitrator shall be appointed by the arbitrators designed by each party. The arbitration shall be conducted in English. Judgment upon the award rendered by the panel shall be final and non-appealable and may be entered in any court having jurisdiction thereof. In order to conduct discovery, and in addition to the discovery provisions provided under the Rules, the parties expressly incorporate into any arbitration occurring under these Terms the discovery rules provided for in the Federal Rules of Civil Procedure of the United States of America. Any arbitration shall be held in Mt. Pleasant, Texas, unless the parties hereto mutually agree in writing to another place. Notwithstanding the foregoing, nothing in this provision shall be construed to bar a party from seeking equitable relief in order to preserve the status quo or prevent irreparable harm.

Governing Law and Venue

Any dispute arising from or related to these Terms or our Products, the Website, or our services will be governed by and construed and enforced in accordance with the laws of the State of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Texas, and specifically with respect to state courts, sitting in Titus County, Texas.

Modifying and Terminating our Services

We reserve the right to modify our Website, Products, or services or to suspend or stop providing all or portions of our Website, Products, or services at any time. You also have the right to stop using our Website or services at any time. We are not responsible for any loss or harm related to your inability to access or use our Website or any of our services.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

The failure of TexTrail to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

Address and Contact Information

TexTrail
support@textrail.com
950 I-30 East
Mount Pleasant, Texas 75455