Terms of Service

Last Revised: Jan 2019

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Wheel Estate Rentals Inc. operating as Wheel Estate Rentals, (hereafter referred to as "Wheel Estate", "we", "us", or "our") provides an online platform that connects Owners (as defined below) who have Trailer (as defined below) to rent with Guests (as defined below) seeking to rent such Trailers, which platform is accessible at http://www.wheelestate.ca and any other websites through which Wheel Estate makes the platform available (collectively, the “Site”) with any other products or services made available by Wheel Estate, all of the foregoing are, collectively, the “Services”. By using the Services, you agree to comply with and be legally bound by these terms of service (the "Terms of Service"), whether or not you become a registered Member (as defined below) of the Services. These Terms of Service govern your access to and use of the Services and all Collective Content (defined below), and your participation in the Referral Program (as defined below), and constitute a binding legal agreement between you and Wheel Estate. Please read carefully these Terms of Service and Other Policies (as defined below) which are incorporated by reference into these Terms of Service. If you do not agree to these Terms of Service, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms of Service may subject you to civil and criminal penalties.

THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR TRAILERS AND GUESTS MAY LEARN ABOUT AND BOOK TRAILERS. WHEEL ESTATE HAS NO CONTROL OVER THE CONDUCT OF OWNERS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY TRAILERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD;EXCEPT IN REGARDS AS OUTLINED AND PROVIDED IN THE WHEEL ESTATE TRAILER PROTECTION POLICY AS PROVIDED IN http://wheelestate.ca/trailer protection policy

Key Terms

“Account” or “Wheel Estate Account” has the meaning prescribed to it under the heading “Account Registration” in this Terms of Service.

“Administrative Fee” has the meaning prescribed to it under the Fees and Fines Policy.

“Application” means Trailers listed on the site.

“Authorized Guest” means Guests who are valid, pre-screened, Wheel Estate Members and are authorized by Wheel Estate to enter into a Rental Agreement to tow a Trailer for the duration of a Rental, pursuant to the Guest Policy.

“Booking” means the reservation by a Guest of a Trailer via the Services.

“Booking Request” means a Guest’s request for a Booking of a Trailer via the Services.

“Claim” means claims, demands, complaints, grievances, actions, applications, suits, causes of action, Orders, charges, indictments, prosecutions, information’s or other similar processes, assessments or reassessments, judgements, debts, liabilities, expenses, costs, damages or losses, contingent or otherwise, whether contractual, legal or equitable, including loss of value, professional fees, including fees and disbursements of legal counsel on a full indemnity basis, and all costs incurred in investigation or pursuing any of the foregoing or any proceeding relation to any of the foregoing, excluding those arising from, or in connection, with Insurance.

“Cleaning Fees” has the meaning prescribed to it under the Fees and Fines Policy.

“Generator Fees” has the meaning prescribed to it under the Fees and Fines Policy.

“Owner deliver and set-up Fees” has the meaning prescribed to it under the Fees and Fines Policy.

“Collective Content” means Member Content and Wheel Estate Content.

“Confirmed Booking” means a Booking that has been accepted by the Owner via the Services and communicated to the Guest via a confirmation email from Wheel Estate. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information and any other content or materials.

“Content Provider(s)” means any person or entity causing Content to be posted, uploaded, published, submitted, transmitted, or be made available on the Site.

“Extenuating Circumstances” has the meaning prescribed to it under the Cancellation Policy.

“Fees and Fines” means any additional charges prescribed in the Fees and Fines Policy that may be added to the Total Fees owed by a Guest, withheld from a Guest’s Security Deposit, charged to the Owner, or reduced from the Trailer Fees remitted to the Owner.

“Governing Law” means the laws of the Province of Alberta.

“Governmental Authorities” means governments, regulatory authorities, governmental departments, agencies, commissions, bureaus, officials, ministers, Crown corporations, courts, bodies, boards, tribunals or dispute settlement panels or other law or regulation-making organizations or entities:

(a) having or purporting to have jurisdiction on behalf of any nation, province, territory or state or any other geographic or political subdivision of any of them; or

(b) exercising, or entitled or purporting to exercise any administrative, executive, judicial, legislative, policy, regulatory or taxing authority or power.

“Guest” means a Member who makes a Booking Request of a Trailer via the Services, or a Member who uses a Trailer and is not the Owner of such Trailer.

“Guest’s Company” means any person or persons a Guest invites to, or provides with access to, the Trailer, excluding the Authorized Guest who submits the Booking Request for the Trailer.

“Identity Information” has the meaning prescribed to it under the Privacy Policy.

“Inconvenience Fee” has the meaning prescribed to it under the Fees and Fines Policy.

“Infringing” or “Infringement” has the meaning prescribed under the Copyright Act, RSC 1985, c. C-42.

“Insurance” has the meaning prescribed to it under the Trailer Protection Policy .

“Insurance Claim” has the meaning prescribed to it under the Trailer Protection Policy .

“Insurance Providers” has the meaning prescribed to it under the Trailer Protection Policy .

“Log Data” has the meaning prescribed to it under the Privacy Policy.

“List” means the listing by an Owner of a Listing.

“Listing” or “List” means a Trailer that is listed by an Owner as available for Rental via the Services, including, which Listing may include, without limitation, the value, location, size, features, availability, pricing, related rules, financial terms, and other information which is accessible to Members and Non-registered Users.

“Maintenance” has the meaning prescribed to it under the Owner Policy.

“Member” or “Membership” means a person who completes the Wheel Estate Account registration process, including, but not limited to, Owners and Guests, as described under the heading “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.

“Member Public Profile” means a profile of a Wheel Estate Member, which may include, without limitation, the Member’s profile picture, first name and last initial, and connections with Third Party Accounts, a biography, links to the Member’s Listings, references, reviews, and other information which is accessible to Members and Non-Registered Users.

“Non-Identifying Information” has the meaning prescribed to it under the Privacy Policy.

“Non-Registered User” means a non-Member that makes use of, or engages in, Wheel Estate Services.

“Other Policies” has the meaning prescribed to it under the heading “Other Policies” in this Terms of Service.

“Owner” means a Member who creates a Trailer Listing via the Services.

“Personal Information” has the meaning prescribed to it under the Privacy Policy.

“Post-Rental Inspection” has the meaning prescribed to it under the Guest Policy.

“Pre-Rental Inspection” has the meaning prescribed to it under the Owner Policy.

“Pre-Rental Checklist” has the meaning prescribed to it under the Owner Policy.

“Post-Rental Checklist” has the meaning prescribed to it under the Owner Policy.

“Profile Information” has the meaning prescribed to it under the Privacy Policy.

“Referral Program” has the meaning prescribed to it under the heading “Referral Program” in this Terms of Service.

“Refueling Policy” has the meaning prescribed to it under theGuest Policy and Owner Policy.

“Rental” means rent of an Owner’s Trailer to a Guest, pursuant to a Rental Agreement.

“Rental Agreement” has the meaning prescribed to it under the heading “Bookings and Financial Terms for Guests” in this Terms of Service.

“Scheduled End Time” means the time stipulated in the Rental Agreement in which the Guest is to meet with the Owner to conduct a Post-Rental Inspection, return the Trailer keys to the Owner, and end the Rental period.

“Scheduled Start Time” means the time stipulated in the Rental Agreement at which the Guest is to meet with the Owner to conduct a Pre-Rental Inspection, hand over the Trailer keys to the Guest, and begin the Rental period. “Security Deposit” has the meaning prescribed to it under the Fees and Fines Policy.

“Service Fee” has the meaning prescribed to it under the Fees and Fines Policy.

“Services” means the Site and any other products or services made available by Wheel Estate to Members and Non-Registered Members.

“Site” means the online platform that connects Owners who have Trailers to rent with Guests seeking to rent such Trailers, which platform is accessible at http://www.wheelestate.ca and any other websites through which Wheel Estate makes the platform available.

“Tax” or “Taxes” means taxes, duties, fees, premiums, assessments, imposts, levies and other similar charges imposed by any Governmental Authority under applicable law, including all interest, penalties, fines, additions to tax or other additional amounts imposed by any Governmental Authority in respect thereof, and including those levied on, or measured by, or referred to as, income, gross receipts, profits, capital, transfer, land transfer, sales, goods and services, harmonized sales, use, value-added, excise, stamp, withholding, business, franchising, property, development, occupancy, employer health, payroll, employment, health, social services, education and social security taxes, all surtaxes, all customs duties and import and export taxes, countervail and anti-dumping, all license, franchise and registration fees and all employment insurance, health insurance and Canada, Québec and other government pension plan premiums or contributions.

“Trailer” means a camping trailer that is towed behind a vehicle for recreational and non-commercial purposes.

“Third Party Account(s)” has the meaning prescribed to it under the heading “Account Registration” in this Terms of Service.

“Third Party Account Content” has the meaning prescribed to it under the heading “Account Registration” in this Terms of Service.

“Total Fees” means collectively, the Trailer Fees, Service Fees and Taxes charged to a Guest by Wheel Estate for the Rental of a Trailer pursuant to a Rental Agreement.

“Transportation Limit Fee” has the meaning prescribed to it under the Guest Policy.

“Trailer Fees” has the meaning prescribed to it under the heading “Bookings and Financial Terms” in this Terms of Service.

“Wheel Estate Content” means all Content that Wheel Estate makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

“User” or “Users” means a Member or Non-Registered User that makes use of, or engages in, Wheel Estate Services.

Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and the policies posted for a specific area of the Services, the latter policies will take precedence with respect to your use of or access to that area of the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND OTHER POLICIES, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR TO PARTICIPATE IN THE REFERRAL PROGRAM.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Wheel Estate reserves the right, at its sole discretion, to modify the Services or to modify these Terms of Service, including the Service Fees, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.

Other Policies

In addition to these Terms of Service, you agree that you will comply with all written Wheel Estate terms, conditions and policies that are made available by Wheel Estate on the Services (the “Other Policies”).

Other Policies include, without limitation:

Privacy Policy ( http://wheelestate.ca/privacy),

Owner Policy ( http://wheelestate.ca/owner policy ),

Guest Policy ( http://wheelestate.ca/guest policy ),

Fees and Fines Policy ( http://wheelestate.ca/fees fines ),

Cancellation Policy ( http://wheelestate.ca/cancellation policy )

Guest Refund Policy ( http://wheelestate.ca/guest refund policy) ,

Eligibility Policy ( http://wheelestate.ca/eligibility ),

Copyright Policy ( http://wheelestate.ca/copyright ),

Trailer Protection Policy (http://wheelestate.ca/ Trailer Protection Policy ),

Or any other terms or policies posted on the Services from time to time.

Minimum Age

The Services are intended solely for persons who are 21 or older. Any access to or use of the Services by anyone under 21 years of age is expressly prohibited. By accessing or using the Services you represent and warrant that you are 21 years of age or older.

How the Services Work

The Services can be used to facilitate the Listing and Booking of Trailers. Such Trailers are included in Listings on the Services by Owners. You may view Listings as a Non-Registered User to the Services; however, if you wish to book a Trailer or create a Listing, you must first register to create a Wheel Estate Account (defined below) and become a Member.

As stated above, Wheel Estate makes available a platform or marketplace with related technology for Guests and Owners to meet online and arrange for Bookings of Trailers. Wheel Estate is not an Owner or operator of Trailers, including, but not limited to, tent trailers, expandable trailers, conventional trailers, fifth wheel trailers, toy hauler trailers, or other Utility Trailers, nor is it a provider of Trailers, including, but not limited to, tent trailers, expandable trailers, conventional trailers, fifth wheel trailers, toy haulers trailers, or other Utility Trailers and Wheel Estate does not own, sell, resell, furnish, provide, or control trailers, including, but not limited to, tent trailers, expandable trailers, conventional trailers, fifth wheel trailers, toy hauler trailers, or other Utility Trailers, or transportation or travel services. Wheel Estate responsibilities are: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Guests on behalf of the Owner, EXCEPT in regards as outlined and provided in the Wheel Estate Trailer Protection Policy .

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF TRAILERS. AS A LIMITED AGENT, WHEEL ESTATE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TRAILERS. WHEEL ESTATE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TRAILERS. ACCORDINGLY, ANY BOOKINGS, RENTALS AND OPERATION OF TRAILERS WILL BE MADE AT THE GUEST’S AND OWNER’S OWN RISK , EXCEPT IN REGARDS AS OUTLINED AND PROVIDED IN THE WHEEL ESTATE Trailer Protection Policy .

Account Registration

In order to access certain features of the Services, and to book a Trailer or create a Listing on the site, you must register to create an account (“Wheel Estate Account” or ‘Account”) and become a Member. You may register to join the Services directly via the Services or as described in this section.

You can also register for an Account by logging into your account with certain third party social networking sites (Third Party Account”), including, but not limited to, Facebook via our Services, as described below. As part of the functionality of the Services, you may link your Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Wheel Estate through the Services; or (ii) allowing Wheel Estate to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Wheel Estate and/or grant Wheel Estate access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Wheel Estate to pay any fees or making Wheel Estate subject to any usage limitations imposed by such Third Party Account providers. By granting Wheel Estate access to any Third Party Accounts, you understand that Wheel Estate will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“Third Party Account Content”) so that it is available on and through the Services via your Account and your Member Public Profile page. Unless otherwise specified in these Terms of Service, all Third Party Account Content, if any, will be considered to be Member Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Wheel Estate access to such Third Party Account is terminated by the Third Party Account provider, then the Third Party Account Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY ACCOUNT PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY ACCOUNT PROVIDERS. Wheel Estate makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Wheel Estate is not responsible for any Third Party Account Content.

We will create your Wheel Estate Account and Member Public Profile page for your use of the Services based upon the personal information you provide to us or that we obtain via a Third Party Account as described above. You may not have more than one (1) active Wheel Estate Account at any given time. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Wheel Estate reserves the right to suspend or terminate your Wheel Estate Account and your access to the Services if you create more than one (1) Wheel Estate Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password associated with your Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Wheel Estate Account, whether or not you have authorized such activities or actions. You will immediately notify Wheel Estate of any unauthorized use of your Wheel Estate Account.

Trailer Listings

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Trailer to be listed, including, but not limited to, the value, location, size, features, availability of the Trailer, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your Trailer via the Services based upon the information provided in your Listing. You understand and agree that once a Guest places a Booking Request (as defined below) for your Trailer, the price for such Booking may not be altered without contacting Wheel Estate customer service at support@wheelestate.ca.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or Guest use of, a Trailer in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Trailer included in a Listing you post, including, but not limited to, insurance requirements, Except in regards as outlined and provided in the Wheel Estate Trailer Protection Policy, trailer regulations, zoning laws, and laws governing rentals and operation of Trailers and (b) not conflict with the rights of third parties. Please note that Wheel Estate assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. Wheel Estate reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Wheel Estate, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to the Services. In addition to the above Wheel Estate reserves the right to deny access to, disable and/or remove trailer listings who are also listed on other platforms for rental purposes. This is a conflict of interest with Wheel Estate's Insurance Policy.

You understand and agree that Wheel Estate does not act as an insurer or as a contracting agent for you as an Owner. If a Guest requests a Booking Request for your Trailer and uses your Trailer, any agreement you enter into with such Guest is between you and the Guest and Wheel Estate is not a party thereto. Except in regards as outlined and provided in the Wheel Estate Trailer Protection Policy as provided in http://wheelestate.ca/Trailer Protection Policy. Notwithstanding the foregoing, Wheel Estate serves as the limited agent of the Owner for the purpose of accepting payments from Guests on behalf of the Owner and is responsible for transmitting such payments to the Owner.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to create a Booking Request of your Trailer, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book a Trailer. Any Member wishing to book Trailers included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information. More information on how to set such requirements is available via the “Owners” section of the Services.

If you are an Owner, Wheel Estate makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for Booking for your Trailer. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions in this regard.

Trailer Advertising

Wheel Estate at its sole discretion, may promote from time to time any trailer listed on the Wheel Estate Marketplace on other platforms without prior notice to any such trailer owner. Marketing efforts of such trailers, paid or otherwise, may include but are not limited to, Facebook Marketplace, Facebook Groups, Instagram, Youtube, Linkedin, Twitter Kijiji, Craigslist, traditional media, online and offline print and any other channels Wheel Estate sees fit.

No Endorsement

Wheel Estate does not endorse any Members or any Trailers. In addition, although these Terms of Service require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided by the Wheel Estate Terms of Service, we will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Wheel Estate with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Wheel Estate regarding the remittance of payments received from a Guest by Wheel Estate on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms

If you are an Owner and a Guest requests a Booking for your Trailer via the Services (the “Booking Request”) you may be required to either confirm or reject the Booking Request within 24 hours of the Booking Request (as determined by Wheel Estate in its sole discretion) or the Booking Request may be automatically cancelled. When a Booking is requested via the Services, we will share with you (i) the first and last name of the Guest who has requested the Booking, and, (ii) a link to the Guest’s Public Profile page, so that you can view such information before confirming or rejecting the Booking Request. If you do not confirm or decide to reject a Booking Request of a Trailer within the 24 hour period, any amounts collected by Wheel Estate for the requested booking may be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released (as determined by Wheel Estate in its sole discretion). When you confirm a Booking Requested by a Guest, Wheel Estate will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.

The fees displayed in each Listing are comprised of the Trailer Fees (as defined below), and any extra fees submitted by the Owner and purchased by the Guest. Where applicable, Taxes may be charged in addition to the Trailer Fees. The Trailer Fees, and applicable Taxes are collectively referred to in these Terms of Service and Other Policies as the “Total Fees”. The amounts due and payable by a Guest solely relating to an Owner’s Trailer which are actually collected by Wheel Estate are the “Trailer Fees”. Please note that it is the Owner and not Wheel Estate which determines the Trailer Fees. The Trailer Fees may include but not limited to Cleaning Fees, Generator Fees, Propane Fees or other Fees and Fines as prescribed in the Fees and Fines Policy, at the Owner’s discretion.

Appointment of Wheel Estate as Payment Agent for Owner

Each Owner hereby appoints Wheel Estate as the Owner’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Owner. Each Owner agrees that payment of Trailer fees made by a Guest to Wheel Estate shall be considered the same as a payment made directly to the Owner and the Owner will make the Trailer available to Guest in the agreed upon manner as if the Owner has received the Trailer Fees. Each Owner agrees that Wheel Estate may, in accordance with the Cancellation and Guest Refund Policy selected by the Owner and reflected in the relevant Listing, (i) permit the Guest to cancel the Confirmed Booking and (ii) refund to the Guest that portion of the Trailer Fees specified in the applicable Cancellation and Guest Refund Policy. In accepting appointment as the limited agent of the Owner, Wheel Estate assumes no liability for any acts or omissions of the Owner.

Please note that Wheel Estate does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Wheel Estate reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings, or for other features of the Services. Please note that Wheel Estate will provide reasonable notice of any such additional fees via the Services, prior to implementing such fees.

Bookings and Financial Terms for Guests

The Owners, not Wheel Estate, are solely responsible for honoring any Confirmed Bookings and making available any Trailers reserved through the Services. If you, as a Guest, choose to enter into a transaction with an Owner for the Booking of a Trailer, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Trailers imposed by the Owner (the “Rental Agreement(s)”. You acknowledge and agree that you, and not Wheel Estate, will be responsible for performing the obligations of any such Rental Agreements, and that Wheel Estate is not a party to such Rental Agreements, and that, with the exception of its obligations hereunder to pay Trailer Fees to the applicable Owner, Wheel Estate disclaims all liability arising from or related to any such Rental Agreements. You acknowledge and agree that, notwithstanding the fact that Wheel Estate is not a party to the Rental Agreement between the Guest and the Owner, Wheel Estate acts as the Owner’s payment agent for the limited purpose of accepting payments from the Guest on behalf of the Owner. Upon the Guest’s payment of amounts to Wheel Estate which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and Wheel Estate is responsible for remitting such amounts, less Wheel Estate Service Fees and Taxes, to the Owner. In the event that Wheel Estate does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against Wheel Estate.

Listings for Trailers will specify the Total Fees. As noted above, the Owner is required to either confirm or reject the Booking Request within 24 hours of the Booking Request (as determined by Wheel Estate in its sole discretion) or the Booking Request may be automatically cancelled. If a Booking Request is cancelled (i.e. not confirmed by the applicable Owner), any amounts collected by Wheel Estate will be refunded to such Guest, depending on the selections the Guest makes via the Services, and any pre-authorization of such Guest’s credit card will be released, if applicable.

You agree to pay Wheel Estate for the Total Fees for any Booking Request in connection with your Wheel Estate Account if the Booking Request is confirmed by the applicable Owner. In order to establish a Booking Request pending the applicable Owner’s confirmation of your Booking Request, you understand and agree that Wheel Estate, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once Wheel Estate receives Confirmed Booking (as defined below) from the applicable Owner, Wheel Estate will collect the Total Fees in accordance with these Terms of Service and the pricing terms set forth in the applicable Listing. Please note that Wheel Estate cannot control any fees that may be charged to a Guest by his or her credit card provider or financial institution related to Wheel Estate collection of the Total Fees, and Wheel Estate disclaims all liability in this regard.

In connection with your Booking Request, you will be asked to provide customary billing information such as name, billing address and credit card information either to Wheel Estate or its third party payment processor. You agree to pay Wheel Estate for any Confirmed Bookings (as defined below) made in connection with your Wheel Estate Account in accordance with these Terms of Service by one of the methods described on the Site or Application (e.g. by PayPal or credit card). You hereby authorize the collection of such amounts by charging the credit card provided as part of Booking Request, either directly by Wheel Estate or indirectly, via a third party online payment processor or by one of the payment methods described on the Services. You also authorize Wheel Estate to charge your credit card in the event of damage caused to a Trailer as contemplated under “Damage to Trailers” below and for Security Deposits (as defined below), if applicable. If you are directed to Wheel Estate third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your Booking has been accepted by the Owner and is complete you will receive a confirmation email from Wheel Estate providing confirmation of your Rental (the “Confirmed Booking”).

Security Deposits

Wheel Estate includes a security deposit in every Listing (the “Security Deposit”). For all Security Deposits included in a Listing for a Confirmed Booking of Trailer, Wheel Estate will, in its capacity as the payment agent of the Owner, use commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Scheduled Start Time of the Rental at the applicable Owner’s Trailer. Wheel Estate will also use commercially reasonable efforts to address Owners’ requests and Claims related to Security Deposits, but Wheel Estate is not responsible for administering or accepting any Claims by Owners related to Security Deposits, and disclaims any and all liability in this regard. 

Insurance Deductibles:

Wheel Estate's insurance policy has a $1,500 insurance deductible for physical damage to trailers rented on Wheel Estate, $1500 insurance deductable for acts of nature. However, in the event of damage of any kind to trailer awnings including acts of nature due to wind a $3000 insurance deductable is applied. Liability claims have a $500 deductable for each event. Wheel Estate reserves the right to use the security deposit of $1000 collected from the guest at the beginning of the reservation, to pay any deductable amount. Wheel Estate also reserves the right to charge additional money from the guests credit card to cover the difference of damage up to $1500 or $3000 depending on the nature of the claim. Guests agree by signing up to Wheel Estate and booking through the Wheel Estate Marketplace to pay for any damage up to deductable amounts above. Guests also authorize Wheel Estate to deduct such amounts from their credit cards on file or by any means necessary.

Service Fees

In consideration for providing the Services, Wheel Estate collects service fees from Owners. (the “Service Fees”). Service Fees are charged to the Owner based upon a percentage of the amount of the Trailer Fees (“Owner Fees”) as set out in the Fees and Fines Policy. Where applicable, Taxes may also be charged in addition to the Owner Fees. Service Fees are deducted from the Trailer Fees before remitting the Trailer Rental Fees to the Owner, within 48 hours of the Renter picking up the trailer and there are no known Trailer issues as defined and set out in the Guest Refund Policy.

Balances will be remitted by Wheel Estate to Owners via direct deposit or other payment methods described on the Services, and are in Canadian dollars (CAN). Except as otherwise provided herein and in Other Policies, Service Fees are non-refundable.

Wheel Estate collects service fees from Renters. Service fees are collected from the Renter at the time of booking.

Referral Program

As a Member, by referring your friends to create a Booking Request or create a Listing that receives a Confirmed Booking via the Site, you may participate in the “Referral Program”, which is a loyalty program offered to Members. If you choose to participate in the Referral Program, for each friend you refer to Wheel Estate for which a Qualifying Referral (defined below) is completed, you may be able to receive in the form of Wheel Estate credits (“Wheel Credits”). ; Wheel Credits are reward points that may be applied as credits toward future Confirmed Bookings made by Members via the Site.

In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Wheel Estate Account on the Site and select either the “Invite Friends on Facebook” or “Invite Friends on Twitter” link; (ii) you must share the link provided with friends, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by Wheel Estate to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Wheel Estate Account and become a Member; and (iv) after becoming a Member, the friend must either create a Booking Request of a Trailer which is confirmed by the applicable Owner or create a Listing which subsequently receives a Confirmed Booking via the Services with Total Fees of at least two hundred dollars ($200 CND), that is not subsequently cancelled. Please note that the referring Member may not be the corresponding Owner or the Guest to such Booking Requests or Confirmed Bookings to receive a Referral Reward.

Upon satisfaction of a Qualifying Referral, a Referral Reward will be reflected in your Account in a commercially reasonable amount of time. The Referral Rewards you accrue will be displayed in your Account page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another person to use your Wheel Estate Account. Referral Rewards accrued in multiple Wheel Estate Accounts may not be combined into one Account. You may not earn Referral Rewards by creating multiple Accounts. By acquiring Referral Rewards, you agree and acknowledge that Wheel Estate is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or other benefits in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Accounts.

Specific Terms Regarding Wheel Estate Credits

Wheel Credits may only be redeemed for Confirmed Bookings via the Site and after you accrue Wheel Credits, such Wheel Credits will be automatically applied to your next Confirmed Booking made via the Site. You may only redeem Wheel Credits after the Wheel Credits are reflected in your Wheel Estate Account. The scope, variety, and type of services and products that you may obtain by redeeming Wheel Estate Wheel Credits can change at any time.

Wheel Credits expire one (1) year from the date that any Wheel Estate Credits are last accrued in your Wheel Estate Account. Wheel Estate will notify you at the email address you provided during Account registration within thirty (30) days of when the Wheel Estate Credits in your Wheel Estate Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Wheel Estate Credits, please contact us at support@wheelestate.ca. Wheel Estate may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Wheel Estate sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Wheel Estate Credits.

Without limiting any other terms of these Terms of Service and subject to applicable law, all Wheel Estate Credits are forfeited if your Account is terminated or suspended for any reason, in Wheel Estate sole discretion, or if Wheel Estate discontinues providing the Site or the Referral Program.

Limited Time Only

This Referral Program is offered for a limited time only. The requirements and incentives related to the Referral Program are subject to change. We reserve the right to suspend your Account and remove Referrals should we identify any activity we determine as abuse of the Referral Program.

General Booking and Financial Terms

Cancellations and Refunds

If, as a Guest, you cancel a Booking Request before such Booking Request is confirmed by an Owner, Wheel Estate will cancel any pre-authorization to your credit card and, if applicable, refund any nominal amounts charged to your credit card in connection with the Booking Requested within a commercially reasonable time. If, as a Guest, you wish to cancel a Confirmed Booking made via the Services, either prior to or after arriving at the Trailer, the Cancellation Policy and Guest Refund Policy will apply to such cancellations. Our ability to refund the Trailer Fees and other Fees and Fines charged to you will depend upon the terms of the applicable Cancellation Policy and Guest Refund Policy. Details regarding refunds and cancellation are available via the Services.

If an Owner cancels a Confirmed Booking made via the Services, (i) Wheel Estate will refund the Total Fees for such Confirmed Booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest may receive an email or other communication from Wheel Estate containing alternative Listings and other related information. If the Guest creates a Booking Request from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Guest’s Booking Request, then the Guest agrees to pay Wheel Estate the Total Fees relating to the Confirmed Booking for the Trailer in the alternative listing, in accordance with these Terms of Service. If an Owner has cancelled a Confirmed Booking and you, as a Guest, have not received notification in the form of an email or other communication from Wheel Estate, please contact Wheel Estate at support@wheelestate.ca.

Taxes

Canadian regulation, regarding Federal and Provincial tax reporting requirements, stipulates that Wheel Estate must collect information from all trailer Owners in Canada. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors.

Wheel Estate cannot and does not offer tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Owner is responsible for determining local indirect Taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in listings.

Your Province or Locality may impose a tax on the rental of trailers. In many places this is known as an occupancy tax, but may also be known as something else. We expect all owners to familiarize themselves with and follow their local laws and regulations.

Wheel Estate members may use our website as a means to collect Provincial, Federal or other taxes from their customers. As a member, it is up to you to identify which taxes you are required to collect and to determine the amounts applicable to the transaction.

You are solely responsible for all obligations associated with the calculation, collection and payment of any taxes. Wheel Estate does not undertake or accept any obligation to collect taxes from your customers and/or remit them to any government.

You acknowledge and confirm that the obligation, should any exist, to collect sales, use or other taxes from your customers is solely your obligation; and the liability for taxes, penalties or interest, should any liability exist, is your liability. You further acknowledge and confirm that Wheel Estate has no obligation in this regard.

You agree to indemnify and hold harmless Wheel Estate for any claims by a customer, government or any other person or entity related to sales, use, or other taxes including any errors or omissions in calculating, collecting, remitting or paying taxes related to your activities or transactions.

We’re dedicated to keeping your personal information private—if at any point we’re required to share any information with your local government, you’ll be specifically notified of the needed disclosures. We expect all trailer owners to comply with the tax regulations in their area.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of our Services, you may not and you agree that you will not:

• violate any local, state, provincial, national, maritime or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and Tax regulations;
• use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
• use the Services for any commercial or other purposes that are not expressly permitted by these Terms of Service;
• copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms of Service;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the rental of Trailers or in violation of Canada’s Anti-Spam Legislation (CASL);
• "stalk" or harass any other User of our Services or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Wheel Estate Guest or Owner;
• offer, as an Owner, any Trailers that you do not yourself own or have permission to rent;
• offer, as an Owner, any Trailer that may not be rented pursuant to the terms and conditions of an agreement with a third party;
• register for more than one Wheel Estate Account on behalf of an individual other than yourself;
• contact an Owner for any purpose other than asking a question related to Booking such Owner’s Trailer or Listings;
• contact a Guest for any purpose other than asking a question related to Booking or such Guest’s use of the Site, Application and Services;
• when acting as a Guest or otherwise, recruit or otherwise solicit any Owner or other Member to join third party services or websites that are competitive to Wheel Estate, without Wheel Estate prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information or otherwise interact with the Services;
• use the Services to find an Owner or Guest and then complete a Booking of a Trailer transaction independent of the Services in order to circumvent the obligation to pay any Service Fees related to Wheel Estate provision of the Services;
• as an Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that, in Wheel Estate sole judgment: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other Content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Services, or any individual element within the Services, Wheel Estate name, any Wheel Estate trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Wheel Estate express written consent;
• access, tamper with, or use non-public areas of the Services, Wheel Estate computer systems, or the technical delivery systems of Wheel Estate providers;
• attempt to probe, scan, or test the vulnerability of any Wheel Estate system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Wheel Estate or any of Wheel Estate providers or any other third party (including another user) to protect the Services or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Wheel Estate reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wheel Estate may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service and Other Policies. You acknowledge that Wheel Estate has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wheel Estate reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Wheel Estate, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to the Services.

Privacy

See Wheel Estate Privacy Policy at http://www.wheelestate.ca/privacy for information and notices concerning Wheel Estate collection and use of your Personal information as defined in the Privacy Policy.

Ownership

The Services and Collective Content are protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights is the exclusive property of Wheel Estate and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.

Wheel Estate Content and Member Content License

Subject to your compliance with these Terms of Service, Wheel Estate grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Wheel Estate Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wheel Estate or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Wheel Estate a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. Wheel Estate does not claim any ownership rights in any such Member Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Wheel Estate the rights in such Member Content, as contemplated under these Terms of Service; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Wheel Estate use of the Member Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Wheel Estate is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wheel Estate of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Wheel Estate used herein are trademarks or registered trademarks of Wheel Estate. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at support@wheelestate.ca. You acknowledge and agree that all Feedback will be the sole and exclusive property of Wheel Estate and you hereby irrevocably assign to Wheel Estate and agree to irrevocably assign to Wheel Estate all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Wheel Estate request and expense, you will execute documents and take such further acts as Wheel Estate may reasonably request to assist Wheel Estate to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Dispute Policy

Wheel Estate respects copyright law and expects its Users to do the same. It is Wheel Estate policy to terminate in appropriate circumstances the Accounts of Members or other Account holders who infringing or are believed to be infringing the rights of copyright holders. Please see Wheel Estate Copyright Dispute Policy at http://wheelestate.ca/copyright for further information.

Termination and Wheel Estate Rentals Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms of Service or your access to our Services, and (b) deactivate or cancel your Wheel Estate Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Wheel Estate terminates these Terms of Service, or your access to our Services or deactivates or cancels your Wheel Estate Account you will remain liable for all amounts due hereunder. You may cancel your Wheel Estate Account at any time via the by sending an email to support@wheelestate.ca. Please note that if your Wheel Estate Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WHEEL ESTATE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WHEEL ESTATE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WHEEL ESTATE MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TRAILERS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WHEEL ESTATE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TRAILERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WHEEL ESTATE OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR GUESTS. YOU UNDERSTAND THAT WHEEL ESTATE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY TRAILERS. WHEEL ESTATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY WHEEL ESTATE.

NOTWITHSTANDING WHEEL ESTATE APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE OWNERS, WHEEL ESTATE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY TRAILERS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WHEEL ESTATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY TRAVELTRAILER VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WHEEL ESTATE RENTALS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL WHEEL ESTATE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY TRAILER VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY TRAILERS OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY WHEEL ESTATE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHEEL ESTATE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Wheel Estate and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services or Collective Content or your violation of these Terms of Service and Other Policies; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking or use of a Trailers, (iii) creation of a Listing or (iv) the use, condition or Rental of a Trailer by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Rental, Booking or use of a Trailer. EXCEPT IN REGARDS AS OUTLINED AND PROVIDED IN THE WHEEL ESTATE TRAILER PROTECTION POLICY, AS PROVIDED IN http://wheelestate.ca/trailer protection policy.

Export Control and Restricted Countries

By using the Services, you represent and warrant that (i) neither you nor your listed Trailer is located in a country that is subject to a Canadian Government and related measures (a current listing of sanctioned countries can be found at the Foreign Affairs, Trade and Development Canada site: ( http://www.international.gc.ca/sanctions/countries-pays/index.aspx?lang=eng ), or that has been designated by the Canadian Government as a “terrorist supporting” country and (ii) you are not listed on any Government of Canada list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by Canadian law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Wheel Estate does not permit Listings associated with certain countries due to Canadian sanctions and related measures.

Reporting Misconduct

If you interact with another user of the Services who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Wheel Estate by contacting us with your police station and report number at support@wheelestate.ca; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms of Service, together with the Other Policies, constitute the entire and exclusive understanding and agreement between Wheel Estate and you regarding the Services, Collective Content, and any Bookings or Listings of Trailers made via the Services, and these Terms of Service and Other Policies supersede and replace any and all prior oral or written understandings or agreements between Wheel Estate and you regarding the foregoing.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Wheel Estate prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Wheel Estate may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by Wheel Estate (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms of Service shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the Province of Alberta.

Any matters relating to Insurance pursuant to the Insurance Policy shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of the Province of Alberta.

All disputes arising out of, or in connection to, these Terms of Service shall be referred to binding arbitration in the Province of Alberta as outlined in the below “Dispute Resolution” section, except where such disputes relate to an Insurance Claim through an Insurance Provider, in which case the jurisdiction will revert to the courts of the Province of Alberta, and where the claim relates to the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, in which case the jurisdiction will revert to the courts of the Province of Alberta.

Dispute Resolution

You and Wheel Estate agree, by these written Terms of Service, that any dispute, claim or controversy arising out of or relating to these Terms of Service and Other Policies or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except where such Disputes relate to Insurance pursuant to the Insurance Policy or where the Disputes relate to the prevention of actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND WHEEL ESTATE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Wheel Estate otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Service and Other Policies.

Arbitration Rules and Governing Law: The arbitration will be administered by the Canadian Arbitration Association (“CAA”) in accordance with the CAA Arbitration Rules (the “CAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The CAA Rules are available at http://canadianarbitrationassociation.ca/?page_id=55 or by calling the CAA at 1-800-856-5154.) The Alberta Arbitration Act, RSA 2000, c A-43 will govern the interpretation and enforcement of this section.

Arbitration Process: A party who desires to initiate arbitration must provide the other party and the CAA with a written Notice of Arbitration as specified in the CAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in Canada and will be selected by the parties from the CAA’s roster of Panel Members ( http://canadianarbitrationassociation.ca/?page_id=61 ). If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Notice for Arbitration, then the CAA will appoint the arbitrator in accordance with section 5 of the CAA Rules.

Arbitration Location and Procedure: Unless you and Wheel Estate otherwise agree, the arbitration will be conducted in the Province of Alberta, except if the disputes relates to an Insurance Claim pursuant to the Insurance Policy, the arbitration will be conducted in the Province of Alberta. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Wheel Estate Rentals submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the CAA Rules. Subject to the CAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision: The arbitrator will render an award within twenty-five (25) business days, as specified in the CAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of council fees and expenses, to the extent provided under applicable law. Wheel Estate will not seek, and hereby waives all rights it may have under applicable law to recover, counsel fees and expenses if it prevails in arbitration.

Fees: It is your responsibility to pay any CAA filing, administrative and arbitrator fees, venue fees and other fees, as set forth in Schedule “A” of the CAA Rules.

Changes: Notwithstanding the provisions of the “Modification” section above, if Wheel Estate changes this “Dispute Resolution” section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to support@wheelestate.ca within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Wheel Estate email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Wheel Estate in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of Wheel Estate to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wheel Estate. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

Damage to Trailers

As a Guest, you are responsible for leaving the Trailer in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own and the Guest’s Company’s acts and omissions. In the event that a Trailer Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the Claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Wheel Estate Account. Wheel Estate also reserves the right to charge the credit card used or on file in your Account, or otherwise collect payment from you and pursue any avenues available to Wheel Estate in this regard, including using Security Deposits, in situations in which you have been determined, in Wheel Estate sole discretion, to have damaged the Trailer, including, but not limited to, in relation to any payment requests made by Trailer Owner, and in relation to any payments made by Wheel Estate to Trailer Owners. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Trailer to the applicable Trailer Owner or to Wheel Estate (if applicable).

Both Guest and Trailer Owner agree to cooperate with and assist Wheel Estate in good faith, and to provide Wheel Estate with such information and take such actions as may be reasonably requested by Wheel Estate, in connection with any complaints or claims made by Members relating to Trailers or any personal or other property located at a Trailer or with respect to any investigation undertaken by Wheel Estate or a representative of Wheel Estate regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Wheel Estate reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Trailer Owner, at no cost to you, which process will be conducted by Wheel Estate or a third party selected by Wheel Estate, with respect to losses for which the Trailer Owner is requesting payment from Wheel Estate under these terms of Service.

Contacting Wheel Estate

If you have any questions about these Terms of Service, please contact Wheel Estate at support@wheelestate.ca