Terms of Service

Terms of Service - Trailr

These Terms of Service (“Terms”) are a legal agreement between you and Trailr, LLC, an Illinois limited liability company (“Trailr,” “us” or “we”) for the access and use of the Trailr website www.trailr.com (“Site”) and the dating service offered through it and our downloadable mobile application (collectively, the “Service”). By using the Service, you agree to these Terms (including the Privacy Policy) for as long as you continue to use the Service. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SERVICE. Trailr may change these Terms at any time by updating the Terms posted on the Site, clearly showing the new version date at the top of the page. Your continued use of the Service after the new version of the Terms are posted constitutes your acceptance of the new Terms.

1. Eligibility

You must be at least 18 years old, single and a resident of the United States, Canada or Serbia to register for and use the Service. By using the Service, you represent and warrant that: (a) you are at least 18 years old; (b) you are not married; and (c) you have never been convicted of a felony or indictable offense and are not required to register as a sex offender with any government agency.

2. Service

The Service is intended for use in the United States, Canada, and Serbia. Registration for, and use of, the Service is otherwise void where prohibited. To use the Service, you must subscribe to it on the Site and create only one membership account by providing your email address, creating a password, completing the profile questionnaire, and uploading a video of yourself. You will be able to communicate with other members through the Service by sending messages but all video and communications must comply with these Terms.

3. Subscription

If you select the basic membership, your subscription is free. If you select enhanced membership which enables additional features, you will be required to pay a subscription fee to be member and to use the Service. All subscription fees listed on the Service are offered in the displayed currency and exclude applicable taxes and duties. You agree and authorize us to charge you applicable sales tax or other related taxes which may vary from time to time. Your subscription will automatically renew for consecutive terms for the same length as the original subscription duration and you will receive an email reminder of the renewal at least 30 days before the effective date of the renewal. Payment may only be made with a valid credit or debit card or PayPal account. In order to subscribe to the Service, you will be asked to provide payment information in the Service including your billing account information. You agree that all of the information you provide will be current, accurate, and complete, and that it may be stored by the payment processing service in order to facilitate your payments. Only you may use your account. You may not authorize others to use your account or assign your account to any other person or entity and so you acknowledge that we are not responsible for third party access to your account from theft or misappropriation of your username and password.

4. Your Information and Content

You are solely responsible for and assume liability for (a) the information and content that you provide and/or post and make available in the Service; (b) your interactions with other members. You represent and warrant that all the information you provide to Trailr will be truthful, accurate, complete and only submitted for lawful purposes.

5. Inappropriate Content

When accessing the Site and using any feature that allows you to post text, images and the like, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) is defamatory, intentionally inaccurate, sexually charged, or otherwise objectionable; (c) contains video, audio, photographs or images of another person; (d) promotes or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; (e) contains viruses, ransomware, worms, or any other disruptive or harmful code, components or devices, or uses scrips or bots to access the Service; (f) discloses another person’s personal information without that person’s permission; (g) impersonates or misrepresents your affiliation or association with any person or entity; (h) solicits or engages in any gambling; (i) advertises or otherwise solicits funds or is a solicitation for products or services, including SPAM email; (j) solicits or collects information about anyone under the age of 18; or (k) is used for or in connection with SPAM, phishing, trolling or similar activities. Trailr also reserves the right to delete any such content and terminate your access to the Service if you repeatedly post content that Trailr reasonably believes infringes another party’s copyright or these Terms. We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

6. Reporting Violations

You agree to properly report any violation of these Terms by others to Trailr.

7. Assumption of Risk

You assume all risk when using the Service, including but not limited to all risk associated with interactions with others, including dating. You agree to take all necessary precautions when meeting others through the Service.

8. Disclaimer of Warranties

(a) There is no guarantee that you will find someone that you want to date through the Service and Trailr may not be able to provide a match for you. We do not make any guarantee, express or implied, that you will be compatible with people you meet through the Service or as to the number or frequency of matches that you receive from the Service.
(b) TO THE MAXIMUM EXTENT PERMITTED, TRAILR PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGMENT. TRAILR DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, FREE OF ERRORS, BUGS OR HARMFUL CODE OR THAT IT WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT NO SOFTWARE OR WEBSITE, INCLUDING THE SERVICE AND SITE, WILL BE FREE OF DATA BREACHES OR CYBER ATTACKS.
(c) TRAILR DOES NOT SCREEN OR OTHERWISE INDEPENDENTLY INVESTIGATE THE INFORMATION RECEIVED BY MEMBERS WHO SUBSCRIBE TO THE SERVICE OR ANY VISITORS TO THE SITE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED, TRAILR WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING DAMAGES FOR DATA LOSS OR CORRUPTION, SERVICE INTERRUPTIONS, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE SUBSCRIPTION FEES YOU HAVE PAID FOR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED, TRAILR WILL NOT BE LIABLE UNDER ANY THEORY IN CONNECTION WITH USE OF THE SITE OR SERVICES FOR MORE THAN THE SUBSCRIPTION FEES YOU HAVE PAID FOR THE SERVICE OR, IF YOU HAVE NOT PAID FOR THE SERVICE, THE AMOUNT OF $10 US.

10. Your Indemnification of Trailr

You agree to indemnify, defend and hold harmless Trailr and its affiliates and related entities, present or past, and its/their respective past, present and future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”) for any claims, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim involving your use of, or inability to use, the Service, your violation of the Terms, or your violation of applicable laws. Trailr reserves the right, at its cost, to assume exclusive control of the defense of any claim subject to your indemnification and you must fully cooperate with Trailr is asserting any available defenses. An Indemnified Party may, at its cost, participate in the defense with its own attorneys. You will not settle any claim that adversely affects or imposes any obligation on an Indemnified Party without that party’s prior written consent.
TO THE MAXIMUM EXTENT PERMITTED, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES, LOSSES, LIABILITIES, EXPENSES OF EVERY KIND, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES ABOUT THE SERVICE OR THESE TERMS.

11. Intellectual Property Ownership

You acknowledge that the intellectual property making up the Site and Service are owned or licensed by Trailr. You agree not to copy, post, transmit, publicly display, create derivative works from, distribute or make commercial use of Trailr’s confidential information, copyrighted works, service and trademarks, or other proprietary information accessible in the Service. Except as otherwise provided, no content from other members may be copied, modified, posted, publicly displayed, transmitted or distributed in any way and nothing shall be construed to confer any license from Trailr or any member to do any of these things. You agree not to, and will not assist any third party to, copy, in whole or in part, any content provided by the Service through any method, e.g., framing.

12. License to Posted/Accessed Content

By posting information or content to your member profile in the Service or public areas of the Site or making it accessible to us through a social media service link, you automatically grant Trailr and its users, the worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, perform, publicly display, modify, distribute such information and content, prepare derivative works from it, and authorize sub-licensing or these rights.

13. Linked Websites

The Site may contain links to websites controlled by third parties (each a “Linked Website”). We may work with a number of partners and affiliates whose sites are linked to our Site but we are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Linked Website, any website accessed from a Linked Website, or any changes or updates to such sites. We make no guarantee about the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Linked Website. Any Linked Website link in our Site is provided to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Website. You acknowledge that you bear all risks associated with access to and use of content provided on a Linked Website and agree that Trailr is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Linked Website if you have any concerns regarding links or content located on any such Linked Website.

14. IP Law Compliance

When using the Site, you agree to obey the law respecting the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, rights of publicity and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted with your account.

15. Communication with You

We may use the email address that you provided for your account to send you messages notifying you of changes to the Service or special offers. We may also call you if you provide use with your phone number, in order to communicate with you about the Service. If you do not want to receive email or calls, please refer to our Privacy Policy to review your options.

16. Term and Termination

These Terms become effective as a legal agreement between you and Trailr when you accept the Terms by using the Service. That agreement remains in effect, as the term may be amended from time to time, until it is terminated according to this Section. Either you or Trailr may terminate your subscription at any time for any reason or no reason, with or without explanation, by sending written notice to the other party. Trailr may immediately terminate or suspend your access to the Service, without notice, for any reason or no reason. We also reserve the right to remove your account information and content from the Service if your account is terminated. You may terminate your subscription at any time by using the cancellation link in your member profile. Except as otherwise stated in Section 16, terminating your subscription does not affect your obligation to pay the total subscription fee that you agreed to when creating the account and your payment method will continue to be charged the scheduled payment amounts until the full balance is paid.

17. Residents of Certain States

For subscribers residing in AZ, CA, CT, IL, IA, MN, NY, NC, OH, RI or WI, you may cancel the Terms without penalty or obligation, at any time prior to midnight of the third business day following the start of your subscription. To do so, email tos@trailr.com or mail a signed and dated notice that states you are canceling your subscription to 869 E. Schaumburg Rd. Ste. 222 Schaumburg, IL 60194. Be sure to include the email address you used when creating your account. Any refunds under this Section will be made within 10 days of receiving your cancellation notice. If death or disability prevent you from receiving the benefits of being a member, you or your estate may elect to terminate your subscription.
If you reside in NY, Trailr does not guarantee any number of matchers as part of use of the Service and you will receive all of your matches upon creating your account and we will add any additional matches as they become available during your subscription. You may pause your subscription for up to one year by providing written notice to Trailr at 869 E. Schaumburg Rd. Ste. 222 Schaumburg, IL 60194 or by emailing us at tos@trailr.com. You can review the New York Dating Services Consumer Bill of Rights here.

18. DMCA Notice

If you believe that your copyright work has been copied in a way that constitutes copyright infringement and is accessible on the Service, you may seek the removal of that content by providing notice to us in accordance with the take down notice provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3)(A) to 869 E. Schaumburg Rd. Ste. 222 Schaumburg, IL 60194 or by emailing us at tos@trailr.com.

19. No Third-Party Beneficiaries

These Terms are for your sole benefit and nothing in the Site or these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

20. Assignment

Trailr may assign or otherwise transfer any or all of its rights or obligations under these Terms, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties under these Terms at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

21. Partial Invalidity

In the event that any part of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

22. Governing Law and Binding Arbitration

These Terms are governed by the laws of the State of Illinois but that does not exclude or supersede consumer rights and remedies under mandatory consumer protection laws in the jurisdiction where you reside. Subject to all applicable laws, you are agreeing to give up: (a) your right to litigate any claims that may arise under these Terms in court or before a jury; and (b) your right to consolidate any claim and/or participate in any class-action claim that may arise under these Terms in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising under these Terms which cannot be amicably resolved by us shall be solely and finally settled by arbitration before a single arbitrator administered by ADR Systems in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court with proper jurisdiction. The arbitration shall take place in Cook County, Illinois. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of its own costs; provided, however, that the prevailing party shall be entitled to reimbursement for its actual costs incurred, including reasonable attorney’s fees. This Section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms and survives the termination of your subscription to and your use of the Service

23. Before Arbitration

Before going to arbitration, you must give Trailr an opportunity to resolve any claim or dispute you may have regarding any aspect of your relationship with Trailr, under any legal theory, including your name, address, description of your dispute or claim, and description of what remedy you are seeking to 869 E. Schaumburg Rd. Ste. 222 Schaumburg, IL 60194. If Trailr does not resolve your dispute or claim within 60 days after receiving your notification, you may pursue arbitration.

24. No Waivers

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

25. Class Action Waiver

You may not participate with any other subscriber or user of the Service in a class action or consolidated proceeding.

26. Injunctive Relief

If you violate these Terms you may cause irreparable harm to Trailr and so you agree that Trailr may seek injunctive relief in court, including temporary restraining orders, preliminary injunctions, and permanent injunctions without the need to post bond or other security, in addition to any other legal remedies that Trailr may have for breach of these Terms.

27. Entire Agreement

These Terms, including the Privacy Policy, shall, collectively, be deemed a final and integrated agreement between you and us with respect to their subject matter.

Terms of service were updated on 22nd December 2020.