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Website Terms of Use

Last Updated: 05/13/2026

  1. Acceptance of the Terms of Use

    These terms of use are entered into by and between you and etrailer Corporation ("etrailer," "Company," "we," "us," or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of https://www.etrailer.com and any other website owned or operated by etrailer on which these Terms of Use are posted or linked (collectively, the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

    These Terms of Use govern your general access to and use of the Website. They do not govern the purchase of products or services. All purchases through the Website are governed by our separate Terms of Sale, which are hereby incorporated into these Terms of Use by reference.

    Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.etrailer.com/support/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

    This Website is offered and available to users who are at least 18 years of age or the legal age to form a binding contract in the applicable jurisdiction, whichever is older. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website.

  2. Changes to the Terms of Use

    We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter; provided, however, that any changes to the dispute resolution provisions set out in Section 22 will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

    Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  3. Accessing the Website and Account Security

    We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access, including registered user access, to some parts of the Website or the entire Website.

    You are responsible for both: (a) making all arrangements necessary for you to have access to the Website; and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

    To access the Website 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 Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  4. Intellectual Property Rights

    The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    These Terms of Use permit you to use the Website for your personal, non-commercial use only, except as expressly permitted under our Terms of Sale or any separate reseller or dealer agreement with etrailer. Except as expressly permitted in this Section 4, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

    1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
    3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
    4. If we provide social media features with certain content, you may take such actions as are enabled by such features.

    You must not: (a) modify copies of any materials from this site; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (d) access or use for any commercial purposes any part of the Website or any services or materials available through the Website, except for purchasing products through the Website in accordance with the Terms of Sale.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

    Special Notice Regarding Written Content, Images, and Videos. etrailer goes to great lengths to give customers using the Website as close as possible an in-person retail experience. To provide that experience, etrailer expends significant time and effort to produce top-quality written content, images, installation guides, and product demonstration videos regarding products available for purchase on the Website. This written content, images, and videos are proprietary to etrailer, and etrailer claims all copyright, title, and interest to those images and videos it creates. You may share direct links to etrailer's product pages and video pages using the sharing tools provided on the Website. However, you must not: (a) download, re-upload, or redistribute any etrailer written content, images, or videos to any other platform, website, or media without our prior written consent; (b) embed etrailer written content, videos, or images on any commercial website or use them in connection with the sale, resale, marketing, or promotion of any products or services; (c) modify, edit, or create derivative works from any etrailer written content, images, or videos; or (d) use etrailer written content, images, or videos in any manner that suggests etrailer's endorsement or affiliation with you, your products, or your services. UNDER NO CIRCUMSTANCES MAY ANY PERSON OR BUSINESS USE THE WRITTEN CONTENT, IMAGES, OR VIDEOS ON THE WEBSITE TO SELL, RESELL, RENT, LEASE, OR OFFER TO SELL, RESELL, RENT, OR LEASE ANY PRODUCTS OR SERVICES.

  5. Trademarks

    The etrailer name, the etrailer logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners, including the manufacturers and suppliers of products featured on the Website.

  6. Prohibited Uses

    You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

    1. 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).
    2. 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.
    3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in Section 8 of these Terms of Use.
    4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
    5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
    6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
    7. To scrape or otherwise use content on the site as training data for, or input to, any machine learning model, artificial intelligence system, or similar technology without our prior written consent.

    Additionally, you agree not to:

    1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
    2. Use any robot, spider, scraper, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website (although etrailer may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and etrailer reserves the right to revoke these exceptions either generally or in specific cases).
    3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
    4. Scrape, harvest, extract, or otherwise collect product data, pricing information, inventory or availability data, fitment or compatibility data, customer reviews, images, videos, or any other content from the Website, whether by automated means or otherwise, for any purpose, including but not limited to competitive intelligence, price monitoring, product comparison, data aggregation, or the creation of derivative databases or data sets.
    5. Use any device, software, or routine that interferes with the proper working of the Website.
    6. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    8. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    9. Use automated methods to use the Website in a manner that sends more requests to etrailer's servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
    10. Otherwise attempt to interfere with the proper working of the Website.

  7. User Contributions

    The Website may contain product review forms, question-and-answer features, video comment sections, installer request forms, chat features, contact forms, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials, including but not limited to product reviews, ratings, photographs, videos, questions, comments, and feedback (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in Section 8 of these Terms of Use.

    Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you irrevocably assign to etrailer all right, title, and interest in and to such User Contribution, including all intellectual property rights therein, and you agree that etrailer shall own such User Contribution and shall have the unrestricted right to use, reproduce, modify, perform, display, distribute, create derivative works from, and otherwise exploit and disclose to third parties any such User Contribution for any purpose whatsoever, commercial or otherwise, without restriction, attribution, or compensation to you. To the extent that any such assignment is deemed unenforceable under applicable law, you hereby grant to etrailer and its affiliates, service providers, licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), non-exclusive license to use, reproduce, modify, perform, display, distribute, create derivative works from, and otherwise exploit and disclose to third parties any such User Contribution for any purpose whatsoever. We may display advertisements in connection with your User Contributions or on pages where your User Contributions may be viewed by you or others, and we may use your User Contributions to advertise and promote etrailer, the Website, or our products and services.

    You represent and warrant that: (a) you own or control all rights in and to your User Contributions and have the right to grant the assignment and license granted above; (b) all of your User Contributions do and will comply with these Terms of Use; and (c) your User Contributions do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. In addition, when you post a review or any other comment regarding a product, you agree to disclose all material connections you may have with the manufacturer of such product or a competing manufacturer. A "material connection" is one that could influence the weight or credibility another person would give to your review or comment.

    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

  8. Content Standards

    These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
    5. Be likely to deceive any person.
    6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
    9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless expressly permitted by etrailer.
    10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

  9. Monitoring and Enforcement; Termination

    We have the right to:

    1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
    2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
    3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    4. Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Website.
    5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms of Use.

    Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  10. Chat, Communications, Recording, and Automated Features

    The Website may offer live chat features, email contact forms, and other communication tools that allow you to interact with etrailer representatives and product experts. By using any chat feature or other real-time communication tool on the Website, you consent to the monitoring, recording, storage, and use of any information you provide during such communications. etrailer may use information gathered during chat sessions, phone calls, and other communications to improve customer service, enhance the user experience, train personnel, and for quality assurance and other business purposes. By calling etrailer, you acknowledge that your calls may be monitored and recorded for quality assurance and other business purposes. For more information about how we collect, use, and share information, please refer to our Privacy Policy.

    Certain features of the Website may be powered by automated systems, artificial intelligence, or other algorithmic tools, including but not limited to chatbots, product recommendation engines, and customer service tools. While we strive to provide helpful and accurate information through these features, etrailer does not guarantee the accuracy, completeness, or reliability of any response, recommendation, or output generated by automated or AI-powered systems. You should independently verify any information provided by such features before relying on it, and you should not treat automated responses as a substitute for professional advice. etrailer reserves the right to use artificial intelligence and automated tools to transcribe, analyze, and summarize communications (including chat sessions and phone calls) for quality assurance, training, and other business purposes.

  11. Product Reviews and Third-Party Content

    We make no claims or promises about the quality, accuracy, or reliability of any recommendations, reviews, comments, or other content available on or through the Website. etrailer is not liable for any loss or damage that might arise from your reliance on any recommendations or other content available on or through the Website. This Website includes content provided by third parties, including materials provided by other users, bloggers, social media influencers, content creators, third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  12. Installer Locator and Fitment Tools

    1. Installer Locator

      The Website may provide an installer locator feature that allows you to search for third-party installers or dealers in your area. Any installers or dealers listed through this feature are independent businesses and are not employees, agents, representatives, or subcontractors of etrailer. etrailer does not vet, endorse, certify, or guarantee any third-party installer or dealer listed on the Website, and the inclusion of any installer or dealer in the locator does not constitute a recommendation, referral, or warranty by etrailer regarding the quality, safety, timeliness, or competence of such installer's or dealer's services. ETRAILER IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY INSTALLER OR DEALER, REGARDLESS OF WHETHER SUCH INSTALLER OR DEALER IS LISTED ON THE WEBSITE, REFERRED BY ETRAILER, OR DESCRIBED AS AN "AUTHORIZED," "PREFERRED," "CERTIFIED," "TRUSTED," OR SIMILARLY DESIGNATED INSTALLER. Your use of the installer locator and any arrangement you make with a third-party installer or dealer is solely between you and that installer or dealer. Use of the installer locator does not create any agency, employment, joint venture, or partnership relationship between etrailer and any listed installer or dealer, or between etrailer and you with respect to such installer's or dealer's services.

    2. Fitment and Compatibility Tools

      The Website may provide interactive fitment guides, vehicle compatibility tools, product selectors, and similar features that allow you to search for products by vehicle make, model, year, or other criteria. These tools are provided as a convenience only. ETRAILER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY FITMENT GUIDE, COMPATIBILITY TOOL, PRODUCT SELECTOR, OR OTHER INTERACTIVE FEATURE ON THE WEBSITE. Vehicle specifications, product dimensions, and compatibility data may vary and may not account for all aftermarket modifications, regional variations, or other factors that could affect product fitment. You are solely responsible for verifying that any product is compatible with your vehicle or intended application before making a purchase. If you are unsure about compatibility, please contact our Customer Service team before placing your order. etrailer disclaims all liability for any damage, injury, or loss arising from your reliance on fitment or compatibility information provided through the Website.

  13. Online Purchases, Dealer Accounts, and Other Terms and Conditions

    All purchases through the Website, or other transactions for the sale of goods or services carried out through the Website or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

    Certain users may be granted access to dealer or reseller accounts on the Website, which provide access to specialized features, pricing, or functionality. Dealer and reseller accounts are subject to separate dealer or reseller terms and conditions entered into between the dealer or reseller and etrailer (the "Dealer Terms"). Use of dealer account features in violation of the Dealer Terms shall also constitute a violation of these Terms of Use. In the event of any conflict between these Terms of Use and the Dealer Terms with respect to dealer account functionality, the Dealer Terms shall control.

    Additional terms and conditions may also apply to specific portions, services, or features of the Website, including the installer locator feature and dealer account program. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

  14. Linking to the Website and Social Media Features

    You may link to any publicly accessible page on our Site, 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 without our express written consent.

    This Website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on this Website; (b) send emails or other communications with certain content, or links to certain content, on this Website; or (c) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or (c) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

  15. Geographic Restrictions

    The owner of the Website is based in the State of Missouri in the United States. We provide this Website for use primarily by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  16. Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

    TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

    SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

  17. Limitation of Liability

    IN NO EVENT WILL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    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.

    TO THE EXTENT ANY CLAIM ARISING UNDER THESE TERMS OF USE ALSO ARISES OUT OF OR RELATES TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, THE LIMITATION OF LIABILITY SET FORTH IN THE TERMS OF SALE SHALL APPLY TO SUCH CLAIM IN LIEU OF THE LIMITATION SET FORTH IN THIS SECTION.

  18. Indemnification

    You agree to defend, indemnify, and hold harmless the Company, 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 your violation of these Terms of Use or your use of the Website, including but not limited to your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

  19. Governing Law and Jurisdiction

    All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

  20. DISPUTE RESOLUTION AND BINDING ARBITRATION

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    1. Incorporation of Terms of Sale Arbitration Provisions

      All Disputes (as defined below) arising out of or relating to these Terms of Use, the Website, or the relationship between you and etrailer are subject to the Dispute Resolution and Binding Arbitration provisions set forth in the Terms of Sale (as such section may be renumbered from time to time), which are incorporated herein by reference in their entirety, including all provisions regarding pre-arbitration dispute resolution, arbitration procedures, arbitration costs, the small claims court option, the class action and collective relief waiver, the waiver of jury trial, the waiver of punitive damages, opt-out rights, survival, severability, and forum selection. As used in this Section 22, "Disputes" means any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and etrailer arising from or relating in any way to these Terms of Use (including the breach, termination, or validity thereof), your access to or use of the Website, or the relationship between you and etrailer.

    2. Agreement to Arbitrate

      AS SET FORTH MORE FULLY IN THE TERMS OF SALE, YOU AND ETRAILER AGREE THAT ALL DISPUTES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY JAMS, SUBJECT TO THE PRE-ARBITRATION DISPUTE RESOLUTION, INDIVIDUAL CONFIRMATION, AND OTHER PROCEDURES SET FORTH IN THE TERMS OF SALE. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE ANY DISPUTE RESOLVED IN SMALL CLAIMS COURT RATHER THAN THROUGH ARBITRATION, PROVIDED THE DISPUTE FALLS WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT, AS MORE FULLY DESCRIBED IN THE TERMS OF SALE. THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16, GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION.

    3. Class Action Waiver

      The class action and collective relief waiver set forth in the Terms of Sale applies with equal force to all Disputes arising under these Terms of Use. If the class action waiver is found unenforceable, the entirety of this arbitration agreement (except the waiver of jury trial in subsection (d)) shall be null and void, and all Disputes arising under these Terms of Use will proceed in court.

    4. Waiver of Jury Trial

      IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ETRAILER EACH WAIVE ANY RIGHT TO A JURY TRIAL.

    5. Forum Selection

      The forum selection provisions set forth in the Terms of Sale apply to all Disputes arising under these Terms of Use. To the extent any Dispute is not subject to arbitration, such Dispute shall be brought exclusively in the state courts of St. Charles County, Missouri, or the United States District Court for the Eastern District of Missouri.

    6. Conflict

      In the event of any conflict between the dispute resolution provisions of these Terms of Use and the dispute resolution provisions of the Terms of Sale, the Terms of Sale shall control.

  21. Assignment

    You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section 23 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. We may freely assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets, or by operation of law.

  22. Waiver and Severability

    No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

  23. Survival

    The following provisions will survive the expiration or termination of these Terms of Use and your use of the Website: Section 4 (Intellectual Property Rights), Section 5 (Trademarks), Section 7 (User Contributions), Section 13 (Installer Locator and Fitment Tools), Section 18 (Disclaimer of Warranties), Section 19 (Limitation of Liability), Section 20 (Indemnification), Section 21 (Governing Law and Jurisdiction), Section 22 (Dispute Resolution and Binding Arbitration), Section 23 (Assignment), Section 24 (Waiver and Severability), this Section 25 (Survival), Section 26 (Entire Agreement), and any other provision that by its nature is intended to survive.

  24. Entire Agreement

    These Terms of Use, our Privacy Policy, and our Terms of Sale constitute the sole and entire agreement between you and etrailer Corporation regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

  25. Your Comments and Concerns

    This Website is operated by:

    Address: etrailer Corporation, 1507 Highway A, Wentzville, MO 63385 US

    All notices of copyright infringement claims should be sent to the copyright agent designated in Section 11 of these Terms of Use in the manner and by the means set out therein.

    All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:

    Customer Service: 1-636-747-0455

    Website: https://www.etrailer.com/customer-service.aspx

    Legal Inquiries: [email protected]