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.

DamnTrailers LLC acts solely as a peer-to-peer trailer-sharing facilitator and technology platform. It does not take title to, possess, garage, maintain, inspect, or control any trailer, and it is not a party to the rental agreement formed directly between an Owner and a Renter. Owners who list one or more trailers for rent through the Platform do so as participants in the business of renting or leasing their equipment.

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.

By creating an account, you consent to receive account, booking, payment, and support communications from DamnTrailers LLC by email and SMS text message at the contact details you provide. Message and data rates may apply. You can manage or turn off most SMS notifications in your account settings, and reply STOP to any text to opt out of texts; essential transactional and security messages may still be sent.

Renter driver eligibility and screening consent. To book or tow a trailer, Renters must hold a valid, current, and unsuspended driver's license appropriate for the towing vehicle and load, and must meet any minimum-age requirement stated for a given listing or trailer class. You authorize DamnTrailers LLC and its service providers to collect, verify, and screen your driver's license and motor vehicle record (MVR)—including checks of license status, validity, and history of major violations—as part of booking approval and on an ongoing basis while you use the Platform. Providing false, expired, or another person's license information, or towing while your license is suspended, revoked, or invalid, is a material breach of these Terms and grounds for immediate removal. DamnTrailers LLC may decline, suspend, or cancel any booking based on the results of such screening.

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.

Owner roadworthiness warranty. Before each rental, the Owner represents and warrants that the trailer is mechanically sound and roadworthy—including functioning lights and brakes (where equipped), adequate tire tread and inflation, intact safety chains, and a secure, undamaged coupler and hitch—and that its registration is current. The Owner is solely responsible for maintaining the trailer in safe condition and remains liable for injury or loss caused by the Owner's own negligence, including the failure to disclose a known defect. Owners agree to complete any safety checklist or condition documentation the Platform requires at the time of listing or handoff.

6. Payments & Fees

Renters are charged the listed rental rate plus a 10% platform service fee at the time of payment. No security deposit is collected; instead, the renter's payment card is retained on file and may be charged, up to the damage-coverage amount set by the owner for the listing, only for damage documented during the rental period. Owners receive 85% of the rental rate; the remaining 15% covers payment processing and platform operations.

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, provide, or carry any insurance in connection with rentals. DamnTrailers LLC holds no coverage that extends 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.

A Renter who does not hold valid, active auto insurance meeting these requirements at the time of a booking is not eligible to rent through the Platform. The Renter's personal auto liability coverage is primary for any bodily injury or property damage caused while towing and applies before any other coverage. Any optional damage-protection or waiver product that may be offered at checkout is provided by a third party, is not issued or underwritten by DamnTrailers LLC, and is governed solely by that provider's terms.

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.

Assumption of risk. Towing a trailer is an inherently hazardous activity. Each Renter voluntarily assumes all risks of personal injury, death, and property damage arising from the rental, loading, towing, use, and return of a trailer—whether to themselves, their vehicle, their cargo, or any third party.

Screening is not a guarantee. Any identity verification, driver's-license check, motor vehicle record screening, or listing review performed by DamnTrailers LLC is a limited risk-reduction measure undertaken for the Platform's own purposes. It is not a certification, guarantee, or warranty of any user's identity, fitness, or driving ability, or of any trailer's condition or safety, and no user may rely on the Platform's screening in place of their own judgment. DamnTrailers LLC does not control, and is not responsible for, the acts or omissions of any Owner or Renter.

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