**1. Introduction**
Welcome to EmptyTrailer.com ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website.
**2. User Accounts**
2.1 **Account Creation**: To use certain features of our website, you must create an account. You agree to provide accurate and complete information during the registration process and to update such information as needed.
2.2 **Account Security**: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2.3 **Eligibility**: You must be at least 18 years old to create an account and use our services.
**3. Membership Plans**
3.1 **Paid Memberships**: We offer various membership plans for users, which provide access to different features and services. Details of the membership plans, including pricing and benefits, are available on our website.
3.2 **Billing and Payment**: By subscribing to a paid membership, you agree to pay the applicable fees and charges. All payments are non-refundable, except as required by law. We may change the fees and charges for our services at any time, but we will notify you of any changes in advance.
3.3 **Renewal**: Memberships may be automatically renewed according to the terms of the specific plan. You can manage your subscription and cancel automatic renewal through your account settings.
**4. Use of the Website**
4.1 **Permitted Use**: You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use our website in any way that violates any applicable federal, state, local, or international law or regulation.
4.2 **Prohibited Use**: You agree not to:
- Use our website for any fraudulent or illegal activities.
- Engage in any activity that could harm or disrupt our website or interfere with other users' use of our website.
- Impersonate or attempt to impersonate EmptyTrailer.com, our employees, another user, or any other person or entity.
**5. Wallet Feature**
5.1 **Wallet Usage**: Users may upload money into their EmptyTrailer.com wallet ("Wallet") to facilitate transactions on the platform.
5.2 **Funding the Wallet**: You can fund your Wallet using the payment methods specified on our website. By adding funds to your Wallet, you authorize us to charge your selected payment method.
5.3 **Wallet Balance**: Funds in your Wallet can be used for various services on EmptyTrailer.com. You are responsible for ensuring that your Wallet has sufficient funds to cover your transactions. We are not responsible for any delays or failures in processing transactions due to insufficient funds in your Wallet.
5.4 **Non-Transferability**: Funds in your Wallet are non-transferable to other users or accounts.
5.5 **Refunds and Withdrawals**: All funds added to the Wallet are non-refundable, except as required by law. You may withdraw available funds from your Wallet subject to our withdrawal policies and procedures.
5.6 **Expiration and Forfeiture**: Funds in the Wallet do not expire, but we reserve the right to close your Wallet account and forfeit any remaining balance if your account remains inactive for a prolonged period as defined in our inactivity policy.
**6. Specific Conditions of Use**
As a condition of use of EmptyTrailer.com, each user of EmptyTrailer.com (“User”) recognizes and agrees as follows:
6.1 **Load Board Service**: EmptyTrailer.com is performing no service beyond that customarily associated with a “load board” and is not involved in any transaction between the party seeking transportation services (“Shipper”) and the party offering transportation services (“Carrier”) beyond facilitating the initial contact between Shipper and Carrier.
6.2 **Not a Broker**: EmptyTrailer.com is not a broker of transportation services as defined in, and as is subject to, the regulations of the Federal Motor Carrier Safety Administration in 49 C.F.R. Part 371.
6.3 **No Representations**: EmptyTrailer.com makes no representations regarding:
- The suitability of any Carrier for Shipper’s specific transportation requirements.
- The status of any Carrier’s compliance with any statutes, rules, regulations, ordinances, or standards applicable to the performance of Carrier’s services.
- The suitability or sufficiency of insurance(s), if any, maintained by either Carrier or Shipper.
- The creditworthiness of Shipper.
All conclusions reached and/or decisions made by either Shipper or Carrier with respect to such matters are based upon the independent business judgment of each, made in the exercise of their respective discretion after sufficient opportunity for independent investigation or verification, whether such opportunity is or is not acted upon.
6.4 **Indemnification**: User shall indemnify, hold harmless, and/or defend EmptyTrailer.com, and its officers, directors, members, employees, agents, and contractors, against any and all claims, of any character, asserted by any User or other third person or entity, arising out of or in any way relating to, whether in whole or in part, agreements entered into by a Shipper and a Carrier through use of EmptyTrailer.com’s service, including but not limited to such claims arising out of or relating to the performance of such agreements by either a Shipper or Carrier; provided, further, that User shall not have a duty to indemnify, hold harmless and/or defend EmptyTrailer.com or its officers, directors, members, employees, agents, and contractors to the extent to which a claim arises out of or relates to the intentional wrongful act(s) or gross negligence of EmptyTrailer.com or its officers, directors, members, employees, agents, or contractors. The obligation to indemnify, hold harmless and defend shall include reimbursement for any and all expenses and costs, including actual attorney fees, incurred by EmptyTrailer.com, or its officers, directors, members, employees, agents, and contractors as a consequence of such claims.
6.5 **Limitation of Liability**: No action shall be commenced or maintained by User against EmptyTrailer.com or any officers, directors, members, employees, agents, or contractors of EmptyTrailer.com in any court unless notice of the claim, setting forth a description of the claim in reasonable detail sufficient to permit reasonable investigation without further inquiry, was submitted to EmptyTrailer.com at info@emptytrailer.com within 30 days of the later of the date the claim arose or the date the claim was discovered. In no event shall any action against EmptyTrailer.com or any officers, directors, members, employees, agents, or contractors of EmptyTrailer.com be commenced in any court unless commenced within 1 year of the date that the claim first arose. In any action by a User against EmptyTrailer.com or any officers, directors, members, employees, agents, or contractors of EmptyTrailer.com seeking money damages, the extent of money damages recoverable shall be limited to the lesser of $500 or the amount of User’s actual damages. In no event shall there be recoverable in any action by a User against EmptyTrailer.com or any of its officers, directors, members, employees, agents, or contractors, any consequential, punitive, or exemplary damages.
6.6 **Jurisdiction**: Any action commenced by User against EmptyTrailer.com or any of its officers, directors, members, employees, agents, and contractors shall be commenced in a court of the state of Colorado. Any action commenced by User in any other court shall be either dismissed or transferred to the agreed court, User waiving any and all objections to personal jurisdiction or venue.
**7. Intellectual Property**
7.1 **Ownership**: The content, features, and functionality of our website, including but not limited to text, graphics, logos, and software, are owned by EmptyTrailer.com and are protected by copyright, trademark, and other intellectual property laws.
7.2 **License**: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for personal and commercial use in accordance with these Terms.
**8. Disclaimers and Limitation of Liability**
8.1 **Disclaimer**: Our website is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the operation or availability of our website or the information, content, or materials included on our website.
8.2 **Limitation of Liability**: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website.
**9. Indemnification**
You agree to indemnify and hold harmless EmptyTrailer.com, its affiliates, and their respective officers, directors, employees, and agents from 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 or your use of our website.
**10. Termination**
We may terminate or suspend your account and access to our website at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of our website, us, or third parties, or for any other reason.
**11. Governing Law**
These Terms shall be governed and construed in accordance with the laws of Colorado, without regard to its conflict of law provisions.
**12. Changes to Terms**
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of