Terms & Conditions | Privacy Policy
Terms and Conditions
Purpose
The purpose of Escape Trailer Industries LP (referred to hereinafter as “Escape Trailer”, “us”, “we”, or “our”) is to connect you to our products and services.
Terms and Conditions (“Terms”), the Privacy Policy, and all other policies posted on our website set out the terms on which you are offered access to the use of www.escapetrailer.com, our website, services, application, and tools (collectively our “Site” or “Services”). All policies and the Privacy Policy are incorporated into these Terms. You agree to comply with the Terms and Privacy Policy when accessing or using our Services.
These Terms apply to all consumers, businesses, visitors, and others who access or use our Services (collectively “Users”). By accessing or using our Services you agree to be bound by these Terms and accept all legal consequences.
Description of Service
Escape Trailer operates www.escapetrailer.com. Escape Trailer designs and manufactures high-end 5th wheel and travel trailers from its facility in Chilliwack, British Columbia. Escape Trailer operates this Site to provide information on the nature of its business, collect information, and process secure online payments from time to time. This page informs you of our policies regarding the collection, use and disclosure of personal information we receive from the Users of the Site.
The service includes (a) the Site, (b) any other services provided to you through the Site.
Using our Services
When using our Site, you agree not to access, copy, or otherwise use our intellectual property and trademarks, except as authorized by these Terms. You agree not to use Escape Trailer to:
- Violate any laws;
- Be false, misleading, or impersonate another person;
- Infringe any third party’s intellectual property or proprietary rights;
- Distribute viruses; use any robot, spiders or other means to access, limit, interrupt, or destroy our data or Services;
- Distribute or contain spam or pyramid schemes;
- Be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
- Conduct business other than in a socially responsible and reputable manner and in compliance with all laws;
- You agree to provide truthful and accurate content;
- You will not upload invalid data, worms, viruses, or other software agents through the Service or software;
- You agree not to bully, stalk, harm, or harass, another individual who uses our Site or Services;
- You agree not to hack, phish, or spam us or other Users;
- You agree not to access the Site for the purposes of making a product using similar features, functions, ideas, interface as those found in the Site;
- Commit fraud or preform any illegal activities through your use of the Escape Trailer website or print materials.
Materials Provided to Escape Trailer
By posting, uploading, inputting, providing or submitting your submission you are granting Escape Trailer, its affiliated companies, and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. Escape Trailer is under no obligation to post or use any submission you may provide and may remove any submission at any time in Escape Trailer sole discretion.
By posting, uploading, inputting, providing, or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submission.
Fees and Services
When you pay through our “Site”, you acknowledge and agree that (a) Escape Trailer (or our third-party payment processor) is authorized to charge you in the currency you selected. You agree to make payment using the payment method you provide with your account. We reserve the right to correct or to instruct our payment processor to correct any mistakes or errors, even if payment has already been requested or received.
Our current payment processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the performance or security of the payment processor. In the event of an order cancellation, prior to build sheet confirmation, Escape Trailer will make a full refund of monies paid, less payment processor fees incurred in handling the payment and associated refund. At present, fees deducted are 150 USD. Upon build sheet confirmation, a payment to top-up the initial deposit to 10% of the product price is required by wire payment, or an alternative payment method as agreed upon by Escape Trailer. The full deposit, which constitutes both the initial deposit and the top-up payment, becomes non-refundable in the event of order cancellation after your build sheet confirmation. For trailers that contain special orders, e.g. shell colors, a payment for the amount of the special order option is payable in addition to the top-up payment.
Advertised pricing does not include applicable Provincial, State, County or Country specific taxes, nor does it include storage, shipping, freight, or processing fees unless otherwise indicated.
If you purchase any merchandise off the Escape Trailer shop https://shop.escapetrailer.com/ all sales are final. We use Shopify as our store, please see Shopify’s Terms and Conditions here.
Escape Trailer reserves the right to adjust pricing without notice prior to build sheet confirmation. In the event of major economic turmoil (such as hyperinflation) Escape Trailer reserves the right to reevaluate pricing past this point and if needed declare this contract void.
US states sales taxes and other taxes and fees
Customers with residence in the USA at the time of purchase of products and services provided by Escape Trailer: In the event that Escape Trailer does not collect and remit US taxes and fees due in a customer’s state of residence in conjunction with products and services we provided, we may require customers to provide proof that such taxes and fees have been paid in full. Typically, a copy of the registration documents showing balances paid can be considered proof and may be required to be submitted to Escape Trailer within 30 days of taking possession of our products and services. Failing to provide such proof may result in financial penalties placed on Escape Trailer. We very much appreciate your timely support in this important matter.
Intellectual Property
Our Services and all content, including but not limited to text, images, graphics or code are the property of Escape Trailer and are protected by copyright, trademarks, database and other intellectual property rights.
Waiver of Moral Rights
You waive and agree not to assert any “moral rights,” “rights of integrity,” “rights of paternity,” or similar rights to object to or prevent modification of any intellectual property, or to insist upon being identified as the creator or author of any intellectual property.
Links to Other Web Sites
Our Services may contain links to third-party web sites or services that are not owned or controlled by Escape Trailer.
We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk.
Indemnification
You agree to indemnify, defend and hold harmless Escape Trailer, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, costs, actions, or demands resulting from the use of our Services, any breach of these terms, or use of any content.
These include but are not limited to: (a) legal and accounting fees resulting from your use of our Services; (b) your breach of any of these Terms; and (c) anything you post on or upload to our Services. This includes any negligent or illegal conduct by you, any person, entity, or third-party accessing our Services, whether or not such access is obtained via fraudulent or illegal means.
Limitation of Liability
Escape Trailer, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of our Services; (ii) your inability to access or use our Services; (iii) any conduct or content of any other User or third-party on or related to our Services; (iv) any content obtained from or through our Services; (v) inaccuracies or typographical errors; and (vi) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Our Services are provided “as is” and “as available”. We cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real-time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Our Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law of Alberta shall apply to the extent necessary.
We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special indirect, or consequential damages arising out of our Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
If you breach any of these Terms and we choose not to immediately act or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license, or otherwise transfer any of your rights under these Terms.
Governing Law and Forum for Disputes
These Terms shall be governed by, interpreted, and enforced in accordance with the laws in the Province of British Columbia and the laws of Canada, as applicable therein. Any claims, legal proceeding, or litigation (collectively “Claims”) will be brought solely in Chilliwack, British Columbia, Canada and you irrevocably attorn to the exclusive jurisdiction of such courts. You are responsible for paying our legal costs on a full indemnity or solicitor and own client basis if your Claim is dismissed, withdrawn, stayed, or otherwise found to be without merit or contrary to these Terms by a court of competent jurisdiction. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements, oral or otherwise, regarding our Services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you by placing a prominent notice on our website.
Contact Us
If you have any questions about these Terms and Conditions, please contact us by submitting a form on the website.
Privacy Policy
Purpose
The following policy (“Privacy Policy”) outlines how the providers of Escape Trailer Industries. (referred to hereinafter as “Escape Trailers”, “us”, “we”, or “our”) operate our Services and how we will collect, use, protect and disclose personal information provided to us.Personal Information Collection, Use, Disclosure, and Consent
We are committed to providing our consumers, businesses, visitors, and others who access or use our Services (collectively “Users”, “you”, “your”) with exceptional service. Personal information is any information which can identify an individual or company and which is disclosed to us or which we create within the context of our relationship with an individual (“Personal Information”). Protecting your Personal Information is one of our highest priorities. We allow you to upload information, text, files, and other materials (collectively, “User Content). We take the privacy of your “User Content” and “Personal Information” serious. Our privacy policy complies with the “General Data Protection Regulation” or “GDPR”. We take appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.What Personal Information We Collect
We collect the following types of Personal Information including but not limited to:- Information that you provide to us when you inquire for a Services such as first name, last name, email, and phone number;
- Information we collect through cookies, web beacons and similar technologies;
- Additional information that you may provide to us through social media sites or third-party services;
- Information about your location and the location of your device, including your device’s unique identifier information if you have enabled this service on your mobile device;
- Information from your interaction with our Services, including but not limited to device ID, device type, log data, geo-location information, computer and connection information, statistics on page views, traffic to and from Escape Trailer Industries, referring URL, ad date, IP address and standard web log information;
- Additional information that you may provide to us through third-party services such as Facebook (name and email) or Stripe for billing;
- Additional information about you from third parties including demographic data, navigation data, additional contact data, and additional data about you from other sources, such as public authorities, to the extent permitted by law.
- Use of this website;
- Engaging in social media, or through web-advertisements;
- Subscribing;
- Opening or responding to emails;
- Contacting us;
- Filling out applications;
Use of the Personal Information We Collect
We will not use or share your Personal Information with anyone except as described in this Privacy Policy. We will only collect and use Personal Information that is necessary to fulfill the following purposes:- To verify identity;
- To identify your preferences;
- To administer, support, improve and develop our Services to ensure you receive a high standard of service;
- To provide to our third-party billing processor;
- To enable us to show you ads on our Services that are more relevant to you;
- To contact you for your views on our Services and notify you of important changes or developments to our Services;
- To understand your needs for, and determine your suitability for, products and services;
- To provide our Services to you and inform you of new products and services;
- To provide you access to our Services, feedback, and customer support and answer your questions by means of email or telephone;
- To prevent, detect, and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms;
- To comply with legal, regulatory and other obligations;
- For any other purpose of which you are notified, whether statistical or analytical.
Behavioral Remarketing
We use remarketing services to advertise on third-party web sites to you after you visited our Services. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Services. In certain circumstances, your implied consent to our accessing, using or disclosing your Personal Information may be provided if you do not instruct your web browser to refuse all cookies or to indicate when a cookie is sent, or if you do not opt-out of Google Analytics or other services, as indicated below.SMS
Transfer to Third-Parties and Service Providers
We will not sell your Personal Information to other parties unless consent has been provided or implied. There are some instances where we may need to disclose Personal Information to a third-party service provider. We may share any Personal Information we have collected about you or that you have submitted:- When you explicitly consent to the disclosure of such information to a third-party
- When connecting to a third-party service that asks you if you consent to such sharing;
- To third-party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Services’ functionality;
- To a parent company, subsidiaries, joint ventures, or other companies under common control of ours;
- If this information is not private, is aggregated or is otherwise non-personal information, such as your public user profile information and related public data;
- To submit quotes or proposals to prospective customers, clients, or investors;
- To explore and/or undertake corporate opportunities, including a merger, acquisition, amalgamation, IPO, reorganization or sale, including the due diligence process and the transfer of information through to the closing of any such transaction;
- As required by law.
Consent to Collection and Use of Personal Information
In addition to providing your consent for the purposes contained in the Terms and Privacy Policy, you provide implied consent where our purpose for collecting, using, or disclosing your Personal Information would be considered obvious or reasonable in the circumstances. Consent may also be implied where you have notice and a reasonable opportunity to opt-out of having your Personal Information used for mail-outs, marketing, or fundraising and you do not opt-out. We may collect, use, or disclose Personal Information without your consent:- When permitted or required by law;
- In an emergency that threatens an individual’s life, health, or personal security;
- When the Personal Information is available from a public source;
- When we require legal advice from a lawyer;
- For the purposes of collecting a debt or protection from fraud;
- Any other legally established reasons.