Portable Restroom Trailers, LLC Terms and Conditions of Use

Portable Restroom Trailers, LLC Terms and Conditions of Use

1. INTRODUCTION AND AGREEMENT

Thank you for visiting Portable Restroom Trailers, LLC Inc (the "Site")("Portable Restroom Trailers, LLC" "Us" or "We"). The Site also includes any version of this Site that is optimized or configured for use by mobile computing devices such as smartphones and tablets, as well as mobile applications and any other websites owned or operated by Us. These Terms and Conditions of Use ("Terms and Conditions") govern access to and use of the Site and services or products provided by Portable Restroom Trailers, LLC as made available on the Site or otherwise ("Services").

By accessing and using this Site, you acknowledge you have read, understood and agree to be bound to the conditions of these Terms and Conditions. You also agree to comply with applicable laws and regulations.

BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND EXPRESSLY CONSENT TO PORTABLE RESTROOM TRAILERS, LLC PRIVACY NOTICE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS THE SITE OR USE ANY PRODUCTS.

2. HOW WE USE YOUR INFORMATION

We may collect both “non-personal” and “personal” information from you when you interact with our Site and Services.

“Non-Personal Information” refers to information that may not by itself be reasonably associated with, linked to, or used to individually identify you or someone else. For example, general, non-specific information regarding your use of the Site and Services or derived from the information that you provide to us through the Site and Services.

“Personal Information” refers to information that may be reasonably associated with, linked to, or used to individually identify you or allow you to be personally identified or contacted. For example, Personal Information may include information such as your name, email address, telephone number, address, either alone or in combination with other information.

We may use the Non-Personal Information we collect and obtain for any lawful business purpose without any duty or obligation of accounting or otherwise to you, provided that the information remains Non-Personal Information. This may include, by way of example, developing products, services, and other offerings based on the Non-Personal Information and providing those offerings to other users and third parties. We may use the Personal Information we collect about you for a variety of purposes outlined in Portable Restroom Trailers, LLC's Privacy Policy. Please note that, in most cases, the primary purposes for processing Personal Information are for the submission and transmittal of lead data and for powering targeted advertising and user experiences. Notably, Personal Information may also be used for additional, secondary purposes, which are provided in Portable Restroom Trailers, LLC's Privacy Policy.

Depending on where you reside, you may have the rights to access, correct, or delete your Personal Information, as well as opt out of the sale of your Personal Information and the processing of your Personal Information for targeted advertising. For more information about how Portable Restroom Trailers, LLC collects and processes Personal Information and how you may exercise these rights, please access the full Privacy Notice here.

3. SITE PROVISIONS AND SERVICES

Portable Restroom Trailers, LLC operates the Site as a sales and rental provider of portable restroom trailers, portable shower trailers, portable laundry trailers, restroom and shower combo trailers, and custom trailers.

4. ACCESS AND USE

Access to the Site or to portions thereof, or access to Services, may be occasionally interrupted to perform changes or necessary maintenance; or for certain types of “force majeure” events (e.g., “acts of God”, weather calamities, riots, wars, internet connectivity issues, etc.) beyond the reasonable control of Portable Restroom Trailers, LLC for which Portable Restroom Trailers, LLC shall have no liability.

By accessing this Site, you agree that you will not use any automated mechanism, which may include but is not limited to such mechanisms as web robots, crawlers or spiders to access, query or otherwise collect information or scrape data from the Site, and will not use any device or routine that would interfere with the proper working of the Site. Unless otherwise permitted by Portable Restroom Trailers, LLC, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Service in any other manner or for any other purpose constitutes an infringement of Portable Restroom Trailers, LLC’s intellectual property and other proprietary rights. Use of the Site or any portion thereof on any other website is expressly prohibited without prior written permission from Portable Restroom Trailers, LLC. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content (defined below).

5. TRADEMARKS AND INTELLECTUAL PROPERTY

You acknowledge that the Site includes certain trademarks and service marks owned by Portable Restroom Trailers, LLC and its affiliates and subsidiaries. You agree not to use any trademarks, service marks, names, logos, or other identifiers of Portable Restroom Trailers, LLC or its employees, affiliates, subsidiaries, independent contractors, and providers without the prior written permission of Portable Restroom Trailers, LLC, or: (i) in, as, or as part of, any third parties; (ii) to identify non-Portable Restroom Trailers, LLC products or services; or (iii) in a manner likely to cause confusion or that implies that Portable Restroom Trailers, LLC sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties. You further agree that you will not alter or remove any trademark, logos, copyright or other notice from any copies of the Content. Other marks appearing on the Site are the property of their respective owners. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to legal@portablerestroomtrailers.com or mailed to Portable Restroom Trailers, LLC LLC, 6414 W. Wilkinson Blvd. Suite 141 Belmont, NC 28012.

Certain automotive images or video contained herein are owned by Portable Restroom Trailers, LLC and are protected under United States and international copyright law. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. Portable Restroom Trailers, LLC reserves the right to pursue all legal and equitable remedies against unauthorized uses.

Please note that all software programming, including without limitation all HTML and other code contained in the Site (collectively, "Software"), is owned by Portable Restroom Trailers, LLC and its affiliates and subsidiaries and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

6. COPYRIGHT AND COPYRIGHT AGENTS

It is the policy of Portable Restroom Trailers, LLC to respond to claims of intellectual property infringement. Portable Restroom Trailers, LLC will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Site:

Portable Restroom Trailers, LLC Inc
Legal Department
4607 Charlotte Hwy, Suite 11

Lake Wylie, SC 29710 USA
Phone: 877-600-8645
Fax: 803-526-7669
Email: legal@portablerestroomtrailers.com

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. REPRESENTATION

You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Content to the Site, (b) the Content posted or submitted does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Content does not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold Portable Restroom Trailers, LLC, its affiliates and subsidiaries, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms and Conditions or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

8. THIRD PARTY SERVICE PROVIDERS

Some aspects of the Service may be dependent upon third party service providers, such as a wireless carrier or social media platform. We do not control such third-party service providers and are not responsible or liable for their acts or omissions. In addition, such third-party service provider may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using the Service through such third-party service provider.

Platform providers, such as Apple, Inc. and Google, Inc., that make our mobile applications available for download (“Platform Providers”) are not parties to these Terms of Use. Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the mobile applications. In the event of any failure of a mobile application to conform to the warranties herein, you may notify the applicable Platform Provider, and such Platform Provider may refund any purchases made through the mobile application (if applicable). To the fullest extent permitted by law, Platform Providers will have no other warranty obligation whatsoever with respect to a mobile application.

How to opt-in to our SMS Service:

When you opt-in to the SMS and MMS service (collectively the “SMS Service”), we will send you a message to confirm your signup. Message and data rates may apply. Message frequency will vary based on your use. Text 'HELP' for help. Text 'STOP' to cancel.

By responding to a text message to your mobile phone, you affirm your choice to opt-in to this SMS Service and your agreement to these Terms and Conditions. Portable Restroom Trailers, LLC reserves the right to stop offering the SMS Service at any time with or without notice.

By opting into the SMS Service, you:

authorize Portable Restroom Trailers, LLC to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in);
acknowledge that you do not have to agree to receive messages as a condition of purchase;
confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in; and
consent to the use of an electronic record to document your opt-in.

Messages You May Receive
Once you affirm your choice to opt-in to the SMS Service, your message frequency may vary. You may receive an alert when:

you are welcomed into the SMS Service
an order has been placed
an order has been delivered
general marketing or promotion

Opt-Out of Service
You can cancel the SMS Service at any time. Just text “STOP” in reply. After you send the message “STOP” to Portable Restroom Trailers, LLC, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Portable Restroom Trailers, LLC and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Portable Restroom Trailers, LLC through any other programs you have joined until you separately unsubscribe from those programs. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of the SMS Service.

Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service. Portable Restroom Trailers, LLC and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

Questions
You can text HELP in reply to one of our text messages at any time. You can also send an email to info@portablerestroomtrailers.com or call 877-600-8645 for additional assistance.
If you have any question related to Privacy, please see our Privacy Policy.

9. INDEMNIFICATION

By using the Site, you agree to indemnify, defend and hold Portable Restroom Trailers, LLC, and its officers, subsidiaries, licensors, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities (“Claims”), and all resulting losses, damages, liabilities, fees, liens, assessments, penalties, judgements, costs and expenses (including reasonable attorneys’ fees), made or initiated by any third party due to or arising out of your use of the Site, your violation of these Terms and Conditions, your violation of any rights of another, or any of your Content or your use of any Content. You agree to notify Portable Restroom Trailers, LLC within seven (7) days of the filing of any Claims, and Portable Restroom Trailers, LLC reserves, and you grant to Portable Restroom Trailers, LLC, the right to participate in or assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of these Terms and Conditions. You are responsible for maintaining the security of your password and you are responsible for all statements or reviews made and acts that occur through the use of your account.

10. SECURITY

Portable Restroom Trailers, LLC does not guarantee or warrant that the Site, Services, or any Content thereon will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can Portable Restroom Trailers, LLC provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or through use of e-mail addresses, user names or other information or Content unauthorized persons may find on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches. Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. Portable Restroom Trailers, LLC will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to Portable Restroom Trailers, LLC through the Internet, or that you expressly or implicitly authorize Portable Restroom Trailers, LLC to make, or for any errors, data corruption or any changes made to any transmitted information.

11. TERMINATION OF SERVICE

You understand and agree that in Portable Restroom Trailers, LLC's sole discretion, and without prior notice, your access to the Site or Services may be terminated or suspended, and Portable Restroom Trailers, LLC may exercise any other remedy available and remove any Content if Portable Restroom Trailers, LLC believes that your use of the Site and/or any Content you provide (a) violate (i) these Terms and Conditions, (ii) the rights of Portable Restroom Trailers, LLC, its affiliates and subsidiaries, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Portable Restroom Trailers, LLC for violations of these Terms and Conditions, and you consent to injunctive or other equitable relief for such violations without the requirement that Portable Restroom Trailers, LLC post a bond. Portable Restroom Trailers, LLC is not required to provide any refund to you if you are terminated as an authorized user of the Site because, in Portable Restroom Trailers, LLC’s sole discretion, you have violated these Terms and Conditions.

12. COMPLIANCE WITH LAWS

Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of Content and Services, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall Portable Restroom Trailers, LLC or its affiliates and subsidiaries, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, Services, and/or Content, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Site, Services, and/Content. Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.

13. PROHIBITED ACTIVITIES

The following is a partial list, in addition to other prohibited actions in these Terms and Conditions, of the kinds of activities that are prohibited on or through the Site: (a) submitting Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Content that could be harmful to minors; (c) engaging in activity or submitting Content that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to Portable Restroom Trailers, LLC users or others; (e) engaging in activity or submitting Content, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Content that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Content that displays pornographic or sexually explicit material of any kind; (h) submitting Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Content that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site's lead forms and/or toll-free numbers to advertise or promote products and services to Portable Restroom Trailers, LLC advertisers; (l) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or (m) taking any action that imposes an unreasonable or disproportionately large load on Portable Restroom Trailers, LLC's hardware and software infrastructure (collectively, "Prohibited Activities").

14. PRIVACY NOTICE

Your use of the Site and Services may involve the transmission of your personal information. Portable Restroom Trailers, LLC’s notices regarding the collection and use of personal information are governed by the Portable Restroom Trailers, LLC’s Privacy Policy, which is hereby incorporated by reference in its their entirety.

15. GOVERNING LAW; JURISDICTION

These Terms and Conditions, any transactions consummated thereunder, and any other disputes related in any way to your access to and use of this Site and/or its Services shall be governed by and construed under the laws of the United States and of the State of South Carolina, without regard to conflicts of law principles or rules thereof. Any legal action arising out of or related to these Terms and Conditions or your access to and use of this Site and/or its Services must be commenced within one year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT PORTABLE RESTROOM TRAILERS, LLC AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. Portable Restroom Trailers, LLC and you each agree to use best efforts to settle any dispute or claim arising out of, or relating to, these Terms and Conditions or your access to and use of this Site and/or its Services. If Portable Restroom Trailers, LLC and you cannot reach a written settlement agreement within thirty (30) days of the raising of the controversy or claim, Portable Restroom Trailers, LLC and you shall submit the dispute to binding arbitration to take place in the State of South Carolina, as set forth in Section 17, below. To the degree the arbitration provision is deemed unenforceable, or if any action is otherwise allowed to be maintained in a court of competent jurisdiction, you agree that such action must be commenced in a State or Federal Court within the State of South Carolina.

16. CLASS ACTION

PORTABLE RESTROOM TRAILERS, LLC AND YOU AGREE THAT ANY DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR YOUR ACCESS TO AND USE OF THE SITE AND/OR ITS CONTENT OR SERVICE MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND THAT CLAIMS MUST PROCEED ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS. PORTABLE RESTROOM TRAILERS, LLC AND YOU AGREE THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME CLAIM UNLESS ARISING FROM THE SAME TRANSACTION. FURTHERMORE, PORTABLE RESTROOM TRAILERS, LLC AND YOU AGREE THAT NEITHER YOUR NOR PORTABLE RESTROOM TRAILERS, LLC MAY PURSUE THE CLAIMS IN ARBITRATION AS A CLASS OR COLLECTIVE ACTION, AS A PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. CLAIMS MAY NOT BE PURSUED IN ANY COURT OTHER THAN TO ENFORCE THE ARBITRATOR’S AWARD. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD RELIEF ONLY ON AN INDIVIDUAL AND NON-CLASS AND NON-REPRESENTATIVE BASIS.

17. ARBITRATION

Portable Restroom Trailers, LLC and you agree that this Section 17 shall be construed and interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1, et. seq. Portable Restroom Trailers, LLC and you agree that any and all Claims shall be submitted to final and binding Arbitration, to take place within the State of South Carolina. Judgment may be entered on the arbitration award by a court of competent jurisdiction within the State of South Carolina. The arbitrator shall have the authority to award the same damages, including reasonable attorney’s fees, and all other relief that a court can award. You acknowledge and agree that you voluntarily and knowingly entered into these Terms and Conditions and chose to use the Site and the Services offered by it rather than companies that offer similar services and who may not have an arbitration agreement.

18. CHANGES TO THESE TERMS AND CONDITIONS

Portable Restroom Trailers, LLC reserves the right to update and periodically amend these Terms and Conditions at its discretion and at any time. If Portable Restroom Trailers, LLC makes changes to these Terms and Conditions, amendments will be posted online and the date of update will be included. Your continued use of the Site after any such update indicates your agreement to the same. If you do not agree to the modified terms for the Site or Services, you must discontinue your use of the Site and Services. Portable Restroom Trailers, LLC may modify, suspend, discontinue, or restrict the use of any portion of the Site without notice or liability.

19. MISCELLANEOUS

These Terms and Conditions supersedes all prior and contemporaneous agreements and understandings between you and Portable Restroom Trailers, LLC relating to the Site and the Services, other than any additional terms applicable to a particular Service. You may not transfer your rights or obligations under these Terms and Conditions without the prior written consent of Portable Restroom Trailers, LLC. Portable Restroom Trailers, LLC may freely do so, in whole or in part. These Terms and Conditions will be binding upon the successors and permitted assigns of you and Portable Restroom Trailers, LLC. These Terms and Conditions do not create any third party beneficiary rights. Portable Restroom Trailers, LLC’s failure or delay in exercising any right, power or privilege under these Terms and Conditions will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms and Conditions. You and Portable Restroom Trailers, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Messaging frequency varies per user. Message and data rates may apply. Text HELP for help. Text STOP to unsubscribe. Carriers are not liable for delayed or undelivered messages.

20. CONTACT INFORMATION

By providing your email address, you agree that Portable Restroom Trailers, LLC may send emails to you related to the Site and/or the Services and any account you may have. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the messages. Portable Restroom Trailers, LLC may send any legal notices to you via email, notification by a message to your account, and/or regular mail.

If you have any questions or comments about these Terms and Conditions, please contact Portable Restroom Trailers, LLC at:

Phone: 877-600-8645
Email: info@portablerestroomtrailers.com
Finally, you may also mail us at:
Portable Restroom Trailers, LLC Inc
Attn: Legal Department
6414 W. Wilkinson Blvd Suite 141

Belmont, NC 28012

Effective Date: December 12, 2023