These Terms of Service ("Terms") govern the use of the escrow facilitation services provided through the website and platform operated by Proven Truck & Equipment, Inc. ("Company," "we," "us," or "our"). By accessing or using our website or engaging in any escrow-enabled transaction, you ("Customer," "User," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms.
Proven Truck & Equipment, Inc. acts solely as a dealership, marketing platform, and transaction facilitator for the sale and purchase of commercial trucks, equipment, and related assets. When escrow services are utilized, all funds processing, holding, disbursement, refund determinations, and dispute outcomes are administered exclusively by Trustap.
Proven Truck & Equipment, Inc. does not act as an escrow agent, fiduciary, bank, insurer, or financial institution and does not hold, store, or control customer funds at any time.
By using the escrow function through our platform, you are entering into a direct contractual relationship with Trustap.
Your use of escrow services is governed entirely by:
You accept and agree to comply with Trustap's Terms of Service, available at: Terms of Service – Trustap
Any updates or modifications made by Trustap to its Terms of Service automatically apply to your use of Proven Truck & Equipment, Inc. without further notice from us.
All escrow disputes, investigations, refund determinations, and final outcomes are handled exclusively by Trustap in accordance with Trustap's Disputes, Refunds and Returns Policy. Proven Truck & Equipment, Inc. has no authority to override, modify, or influence Trustap's determinations.
Customer assumes full and sole responsibility for cost of transportation, shipping, and delivery of any vehicle or equipment purchased.
Risk of loss transfers to the Customer immediately upon release from the seller or yard, regardless of whether transportation is arranged by a third party.
Proven Truck & Equipment, Inc. shall not be liable for any transportation delays, damages, theft, mechanical failures, accidents, or losses occurring during transit.
All equipment, vehicles, and assets are sold on an "AS-IS, WHERE-IS" basis, with no warranties of any kind, express or implied, unless discussed prior to shipping, including but not limited to:
Customer acknowledges that they have conducted, or waived, their own inspection and due diligence prior to purchase.
To the maximum extent permitted by law, Proven Truck & Equipment, Inc. shall not be liable for any:
Our total aggregate liability under any circumstances shall not exceed the amount of any dealer service fee actually paid to Proven Truck & Equipment, Inc. for the specific transaction.
You agree to defend, indemnify, and hold harmless Proven Truck & Equipment, Inc., its owners, officers, employees, agents, and affiliates from any and all claims, damages, liabilities, losses, costs, or expenses (including attorneys' fees) arising from:
Customer's that reside outside of California is solely responsible for:
Proven Truck & Equipment, Inc. assumes no responsibility for post-sale regulatory compliance.
All listings, pricing, specifications, images, and descriptions are provided for informational purposes only and may contain inaccuracies or typographical errors. We reserve the right to correct errors and cancel transactions affected by inaccuracies at any time without liability.
These Terms shall be governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising from these Terms shall be resolved through binding arbitration in California, unless otherwise required by Trustap for escrow-related disputes.
Proven Truck & Equipment, Inc. reserves the right to update or modify these Terms at any time without prior notice. Continued use of the platform constitutes acceptance of any updated Terms.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms, together with Trustap's Terms of Service and policies, constitute the entire agreement regarding the escrow services and supersede all prior agreements or understandings.