Terms of Service

1. Acceptance of Terms

By accessing or using DamnTrailers ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Platform.

2. Description of Service

DamnTrailers is a peer-to-peer marketplace that connects trailer owners ("Owners") with individuals seeking to rent trailers ("Renters"). DamnTrailers is not a trailer rental company and does not own, operate, or control any trailers listed on the Platform.

3. Eligibility

You must be at least 18 years old and legally capable of entering into contracts to use this Platform. By registering, you represent that you meet these requirements.

4. User Accounts & Verification

You are responsible for maintaining the confidentiality of your account credentials. To list trailers or make bookings, you must complete identity verification. You agree to provide accurate, current, and complete information.

5. Listings & Bookings

Owners are solely responsible for the accuracy of their listings, including condition, specifications, and pricing. Renters are responsible for using trailers in accordance with applicable laws and the Owner's stated terms. DamnTrailers is not liable for disputes between Owners and Renters.

6. Payments & Fees

Renters are charged the listed rental rate plus a 10% platform service fee and a refundable security deposit at the time of booking. Owners receive 85% of the rental rate; the remaining 15% covers payment processing and platform operations. Security deposits are collected and held by DamnTrailers LLC and refunded within 5 business days following the return of the trailer in acceptable condition.

7. Cancellations & Refunds

Cancellation policies are determined by the individual Owner and displayed on each listing. DamnTrailers reserves the right to issue refunds at its discretion in cases of fraud, misrepresentation, or safety concerns.

8. Insurance Requirements

DamnTrailers LLC does not sell, broker, or provide insurance of any kind. The Platform carries general liability coverage for its own business operations only. This coverage does not extend to Owners, Renters, trailers, towing vehicles, cargo, or any third party.

Owners are required to maintain their own insurance covering their trailer for physical damage and any liability arising from its use. Owners agree to provide proof of insurance to DamnTrailers LLC upon request and to keep coverage in force for the duration of every rental.

Renters are required to maintain personal auto insurance covering the towing vehicle and any liability arising from operating the rented trailer. Renters represent that such coverage is active at the time of every booking. Renter's personal insurance is the primary coverage during any rental.

Each party is solely responsible for verifying that their own coverage applies to peer-to-peer trailer rental before listing or booking on the Platform.

9. Damage & Liability

Renters are responsible for any damage to a trailer during the rental period beyond normal wear and tear. Owners are responsible for ensuring their trailer is in safe, roadworthy condition. DamnTrailers LLC is not liable for property damage, personal injury, or loss arising from trailer rentals.

10. Prohibited Conduct

You agree not to use the Platform to list or rent trailers for illegal purposes, circumvent fees, post false information, harass other users, or violate any applicable law. Off-platform transactions arranged through DamnTrailers to avoid platform fees are strictly prohibited and constitute a material breach of these Terms. See our Acceptable Use Policy for full community standards.

11. Indemnification

You agree to indemnify, defend, and hold harmless DamnTrailers LLC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) any rental transaction you participate in as an owner or renter.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMNTRAILERS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY RENTAL TRANSACTION. DAMNTRAILERS LLC'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL PLATFORM FEES PAID BY YOU TO DAMNTRAILERS LLC IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied. DamnTrailers LLC does not guarantee the accuracy of listings, the conduct of users, the condition of any trailer, or the availability of the service.

14. Taxes

Owners are solely responsible for reporting and paying all applicable federal, state, and local taxes on rental income earned through the Platform. DamnTrailers LLC may issue IRS Form 1099-K to owners who exceed applicable reporting thresholds. See our Tax Information for Owners for guidance.

15. DMCA / Copyright

DamnTrailers LLC respects intellectual property rights. If you believe content on the Platform infringes your copyright, please review our DMCA Policy and contact our designated agent. Our DMCA Registration Number is DMCA-1071589.

16. Dispute Resolution & Arbitration

Any dispute arising from these Terms or your use of the Platform shall first be submitted to DamnTrailers LLC for informal resolution. If unresolved within 30 days, disputes shall be settled by binding individual arbitration in Missouri under the rules of the American Arbitration Association. YOU AND DAMNTRAILERS LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS ARBITRATIONS. Either party may bring claims in Missouri small claims court for disputes within that court's jurisdictional limit (currently $5,000).

17. Termination

DamnTrailers LLC reserves the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion, with or without notice.

18. Governing Law

These Terms shall be governed by the laws of the State of Missouri, without regard to conflict of law provisions.

19. Severability

If any provision of these Terms is found unenforceable, that provision shall be limited to the minimum extent necessary so the remaining Terms continue in full force and effect.

20. Changes to Terms

We may update these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

21. Contact

DamnTrailers LLC · 117 S Lexington Street STE 100, Harrisonville, MO 64701 · support@damntrailers.com