Terms of Service

Welcome to Elk Creek Trailers. The terms "we," "us," and "our" refer to Elk Creek Trailers. Elk Creek Trailers designs, manufactures, and sells custom-built restroom trailers and specialty trailers from our facility in Overgaard, Arizona. We operate this website and online store, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with information about our trailers and a way to inquire about or place orders (the "Services").

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

1. Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our website, submitting inquiries, or placing an order for a custom trailer, you may be asked to provide certain information, such as your email address, phone number, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

Elk Creek Trailers manufactures custom-built restroom trailers and specialty trailers. We have made every effort to provide an accurate representation of our trailers and available configurations on our website, including photographs, descriptions, floor plans, and specifications. However, please note that colors, finishes, and overall appearance may differ from how they appear on your screen due to your device type, display settings, and lighting in photographs.

Because each trailer is custom built to the customer's specifications, the final product may vary from general images or renderings shown on our website. Specific features, finishes, and configurations will be confirmed during the order process. All descriptions, specifications, and available options are subject to change at any time without notice at our sole discretion.

3. Orders and Custom Builds

When you place an order for a custom trailer, you are entering into an agreement to purchase a trailer built to your selected specifications. Elk Creek Trailers reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Elk Creek Trailers confirms acceptance and receives your deposit.

All deposits are non-refundable. Upon receipt of your deposit, construction begins immediately, including the purchase of trailer components, parts, and materials specific to your selected options. Because each trailer is made to order, deposit funds are used to initiate the custom build process and cannot be returned. Please review your order and selected specifications carefully before submitting your deposit.

If you need to make changes to your order after your deposit has been placed, please contact us as soon as possible. We will do our best to accommodate reasonable modifications depending on the stage of construction. Changes may affect pricing and delivery timelines, and any additional costs resulting from modifications will be the customer's responsibility.

For full details on deposits, cancellations, and refunds, please refer to our Refund & Cancellation Policy.

4. Prices and Billing

Prices for our trailers and available options are subject to change without notice based on material costs, labor, and market conditions. The price for your trailer will be the price agreed upon at the time your order is confirmed and your deposit is received. Unless otherwise expressly stated, quoted prices do not include taxes, delivery fees, or any applicable permit or licensing costs.

Delivery fees are calculated separately based on the distance from our manufacturing facility to your delivery location. Current delivery rates and terms are outlined in our Shipping & Delivery Policy.

The remaining balance on your trailer is due upon completion and prior to delivery or pickup. Your trailer will not be released for delivery or customer pickup until the final balance has been paid in full.

5. Shipping and Delivery

Customers may pick up their completed trailer at no additional charge from our manufacturing facility in Overgaard, Arizona. Delivery to your location is also available for an additional per-mile charge using fully insured independent professional drivers experienced in transporting new trailers.

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by driver availability, weather conditions, road conditions, or other events outside our control. Once a trailer is transferred to an independent delivery driver, risk of loss or damage during transport passes to the carrier.

Elk Creek Trailers is not responsible for damage that occurs during transport by independent delivery drivers. All delivery drivers carry their own insurance. Customers should inspect their trailer thoroughly upon delivery and document any transport damage with photographs before signing the delivery receipt. For full details, please refer to our Shipping & Delivery Policy.

6. Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video, audio, trailer designs, and floor plans, and the design, selection, and arrangement thereof, are owned by Elk Creek Trailers, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Elk Creek Trailers' names, logos, trailer model names, product and service names, designs, and slogans are trademarks of Elk Creek Trailers or its affiliates or licensors. You must not use such trademarks without the prior written permission of Elk Creek Trailers.

7. Errors, Inaccuracies, and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to trailer descriptions, specifications, pricing, promotions, offers, delivery charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

8. Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

• For any unlawful or malicious purpose;
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
• To transmit false or misleading information;
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," or "spam";
• To impersonate or attempt to impersonate any other person or entity;
• To upload or transmit viruses or any other type of malicious code;
• To collect or track the personal information of others; or
• To interfere with or circumvent the security features of the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

9. Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY ELK CREEK TRAILERS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ELK CREEK TRAILERS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

11. Indemnification

You agree to indemnify, defend, and hold harmless Elk Creek Trailers and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your access to and use of the Services.

12. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

13. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Arizona. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the federal and state courts located in Navajo County, Arizona. You and Elk Creek Trailers consent to venue and personal jurisdiction in such courts.

14. Changes to Terms of Service

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

15. Contact Information