TruxGuard – Terms & Conditions

(For All Parking, Storage, Access & Use of Premises)

These Terms & Conditions (“Agreement”) govern all parking, storage, access, and yard-use services provided by TruxGuard Secure Parking (“TruxGuard”). By entering any TruxGuard facility, parking a vehicle, completing a reservation, or storing any property, the Customer agrees to all terms below.

This Agreement applies to all vehicles, trailers, equipment, machinery, cargo, tools, and personal property left or stored on the premises.

1. ACCEPTANCE OF TERMS

By reserving a space, entering the property, or parking or storing any vehicle or equipment, Customer agrees to:

  • These Terms & Conditions
  • All posted rules, signage, policies, and operational instructions
  • Any future updates posted online or delivered electronically

This Agreement creates a revocable license for storage use only and does not create a landlord–tenant relationship.

1A. EXCEPTION FOR COMMERCIAL LEASES

These Terms apply to standard parking and storage Customers billed on TruxGuard’s recurring 28-day billing cycle.

If Customer enters into a separate written Commercial Lease for long-term or monthly tenancy (“Commercial Lease”), the terms of that signed Commercial Lease shall govern:
(a) Billing frequency and payment amounts
(b) True monthly billing (if applicable)
(c) Duration, renewal, and notice requirements
(d) Use rights and restrictions
(e) Subleasing or client placement rights
(f) Any provisions that differ from this Agreement

In the event of conflict between these Terms and the Commercial Lease, the Commercial Lease controls.
Operational rules (access, conduct, safety, prohibited uses, etc.) still apply unless expressly modified in the Commercial Lease.

2. PAYMENT, BILLING & OVERDUE ACCOUNTS

2.1 28-Day Billing Cycle

Payments are billed on a recurring 28-day cycle (“Billing Cycle”). Payment is due in full on the date listed on the Customer’s invoice.

2.2 Access Restriction for Non-Payment

If any payment is late, TruxGuard may immediately restrict or suspend gate access until all outstanding amounts are paid. Loss of access does not limit amounts owed.

2.3 Late Fees & Daily Storage Charges

TruxGuard may assess late fees for overdue payments.
Any vehicle, trailer, or equipment remaining onsite while unpaid, unauthorized, or in violation of this Agreement may accrue $50/day storage fees, in addition to rent and enforcement costs.

2.4 Legal Abandonment Threshold (ORS 87.152–87.206)

If any balance remains unpaid for more than twenty (20) days, the property may be deemed abandoned under Oregon law.
Once abandoned, TruxGuard may initiate lien enforcement including towing, impound, certified notices, DMV lookup, auction, and disposal.

2.5 Conversion to Daily Rate

If Customer remains onsite more than three (3) days past due, monthly or cycle pricing automatically converts to TruxGuard’s posted daily rate.
Daily rate charges are in addition to late fees, storage fees, towing, and enforcement costs.

2A. SECURITY DEPOSIT

2A.1 Purpose

If required, a security deposit secures full performance of Customer obligations, including payment, cleanup, damage, and rule compliance.

2A.2 Authorized Uses

Deposit may be applied toward:

  • Unpaid rent, late fees, storage, and overstay charges
  • Towing, relocation, impound, or enforcement fees
  • Cleanup or disposal of trash, debris, pallets, tires, fluids
  • Damage to gravel, fencing, gates, containers, lighting, cameras, or infrastructure
  • Unauthorized access or code sharing
  • Chargebacks or returned payments
  • Any charges owed under this Agreement

Use of deposit does not limit Customer liability.

2A.3 Replenishment

Customer must replenish any applied deposit within five (5) days of notice.

2A.4 Deduction Statement

Itemized statements are available upon request or upon full vacate.

2A.5 Return of Deposit

Returned within 30 days after:
(a) Customer fully vacates,
(b) Access items returned,
(c) All balances paid.

2A.6 Non-Removed Property

Deposit may be applied toward lien-processing costs.

2A.7 Non-Refundable Fees

Administrative, setup, and reservation fees are non-refundable.

2A.8 Fee Schedule

Customer agrees to all charges listed in TruxGuard’s published Fee Schedule.

3. NATURE OF FACILITY – UNATTENDED, OUTDOOR, AT YOUR OWN RISK

TruxGuard facilities are unattended outdoor yards.
Customer stores all property entirely at their own risk.

TruxGuard is not liable for loss or damage not caused solely by TruxGuard’s proven gross negligence, including:

  • Theft, vandalism, catalytic converter theft
  • Weather, storms, wind, ice, flooding
  • Rodents, animals, natural conditions
  • Third-party acts, trespassers
  • Damage from gravel, terrain, mud, soft ground
  • Cargo tampering or missing tools

3.1 No Duty to Warn

TruxGuard has no duty to warn of crime, weather, natural hazards, or third-party acts.
TruxGuard provides no security personnel.

4. NO BAILMENT CREATED

No custody, control, or possession is assumed by TruxGuard.
Customer is solely responsible for securing vehicles, trailers, locks, cargo, and valuables.

5. ACCESS CODES, SECURITY & SURVEILLANCE

5.1 Gate Codes

Gate codes:

  • Must not be shared
  • Are tied to Customer’s account
  • Misuse may result in immediate termination

Customer is responsible for all activity performed using their assigned code.

5.2 Cameras

Security cameras (if present):

  • Are not monitored
  • Provide no protection or duty of surveillance
  • May not record, store, or retain footage
  • TruxGuard is not obligated to retrieve or preserve footage

Nothing prevents TruxGuard from complying with lawful subpoenas or law enforcement requests.

6. PROHIBITED USES

Customer may not:

  • Live in vehicles
  • Perform repairs or fueling
  • Store hazardous or illegal materials
  • Block aisles or drive lanes
  • Bring firearms or explosives
  • Share access codes or tailgate
  • Conduct business operations other than normal parking/staging

Violations may result in termination and removal.

7. CARGO, CONTENTS & STORAGE LIMITATIONS

TruxGuard assumes no responsibility for cargo, freight, tools, pallets, or materials stored in or on vehicles.
Customer accepts all risk of cargo theft or loss.

8. INSURANCE REQUIREMENTS

Customer must maintain insurance covering liability, physical damage, theft, weather, and cargo.

8.1 Waiver of Subrogation

Customer and insurers waive all subrogation rights against TruxGuard.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by Oregon law:

  • TruxGuard disclaims liability for ordinary negligence
  • Liability is limited to the total 28-day fees paid for the affected space
  • Customer agrees to indemnify and hold TruxGuard harmless

This indemnity survives termination.

10. RIGHT TO ENTER, MOVE, OR TOW VEHICLES

TruxGuard may enter, relocate, secure, or tow any vehicle when:

  • Necessary for safety
  • Required for maintenance or lot organization
  • Blocking aisles or creating hazards
  • Customer violates these Terms
  • An emergency exists
  • The account is delinquent

Customer waives all claims for incidental damage unless caused by TruxGuard’s proven gross negligence.

10A. RELOCATION REQUESTS & FAILURE TO MOVE VEHICLES

(a) TruxGuard may require temporary relocation for operational, safety, or maintenance needs.
(b) Customer must relocate the vehicle within the notice period (minimum 24 hours, unless emergency).
(c) If not relocated, TruxGuard may move the vehicle using personnel or third-party providers.
(d) Customer agrees to pay a Relocation Fee and any towing or labor charges.
(e) Customer waives claims for incidental damage unless caused by TruxGuard’s proven gross negligence.

11A. CANCELLATION OF MONTHLY AGREEMENTS – 28-DAY NOTICE REQUIRED

(a) Customer may cancel with written or electronic notice.
(b) Cancellation takes effect at the end of the next full 28-day Billing Cycle following notice.
(c) No prorated refunds.
(d) Customer owes charges through the final cycle.
(e) Access remains active through paid period unless restricted.

12. POSSESSORY LIEN, ABANDONMENT & SALE (ORS 87.152)

TruxGuard holds a lien for unpaid fees, storage charges, towing, notices, and enforcement costs.

12.1 Abandonment

Unpaid for more than 20 days constitutes abandonment.

12.2 Enforcement Rights

TruxGuard may:

  • Restrict access
  • Obtain DMV information
  • Send lien notices
  • Tow, impound, secure
  • Assess $50/day storage
  • Sell at public auction
  • Dispose of unsold items

Customer remains liable for deficiency.

12.3 Notice

Certified mail notices are deemed delivered whether accepted, refused, or unclaimed.

13. COMMUNICATION & CUSTOMER INFORMATION

Customer must provide and maintain accurate contact information.
Operational notices may be delivered electronically and are deemed delivered upon sending.

14. LIMITATION ON CLAIMS

Claims must be brought within six (6) months or are permanently waived.

15. DISPUTE RESOLUTION; NO JURY TRIAL; NO CLASS ACTIONS

Customer agrees to:

  • Binding arbitration in Marion County
  • Waiver of jury trial
  • Individual claims only (no class actions)

16. GOVERNING LAW

Oregon law governs this Agreement.

17. ENTIRE AGREEMENT

This Agreement is the entire understanding between the parties.
No oral statements or promises modify it.

18. NON-WAIVER

TruxGuard’s failure to enforce any provision is not a waiver of its right to enforce it later.

19. SEVERABILITY

If any provision is found invalid, the remainder of the Agreement remains in full force.

20. AUTHORITY TO BIND; DRIVER RESPONSIBILITY

Anyone accessing the facility using Customer’s gate code or credentials is deemed authorized by Customer, and Customer is responsible for their actions.

Privacy Terms for Text Message Communications

At Truxguard, we value and respect your privacy. By providing your phone number, you agree to the following terms regarding the collection, use, and protection of your information.

  1. Collection of Information
    We collect your phone number to provide text message communications, including account notifications, billing reminders, service updates, and customer support. We will only collect information that is necessary to deliver these services.
  2. Use of Information
    Your phone number will only be used for purposes related to Truxguard’s services, including reminders, account updates, and essential communications. We will not use your phone number for marketing purposes without your explicit consent.
  3. Sharing of Personal Information
    We do not share, sell, or disclose your personal information or mobile opt-in data to third parties without your explicit consent, except where required by law. Your information is kept confidential and used solely for the purposes you have agreed to. Mobile information will not be shared with or sold to third parties or affiliates for marketing and/or promotional purposes.
  4. Security
    We employ industry-standard security measures to protect your phone number and personal information from unauthorized access, misuse, or disclosure. While we work hard to ensure the safety of your data, no method of transmission over the internet or mobile networks is 100% secure.
  5. Opting Out of Text Messages
    You have the right to opt out of receiving text messages from “Insert Business name” at any time. To opt-out, you can reply “STOP” to any text message you receive from us.
  6. Data Retention
    We retain your phone number only as long as it is necessary to provide our services and to comply with legal obligations. Once it is no longer needed, we will securely delete or anonymize your information.
  7. Consent and Opt-In
    By providing your phone number and opting in to receive text messages, you consent to the collection and use of your personal information as described in this policy. We ensure that your consent is obtained explicitly and that you are informed about the types of messages you will receive.
  8. Updates to Privacy Terms
    These privacy terms may be updated periodically to reflect changes in our practices or regulatory requirements. All updates will be posted on our website, and continued use of our text messaging services after updates constitutes acceptance of the revised terms.

For questions regarding these privacy terms, please contact us at 971-314-8600

TruxGuard Parking Lot Rules

To promote safety, security, and efficient yard operations, all customers and visitors must follow the rules below. Entry to the facility confirms agreement to these rules.

1. Proper Parking

  • All vehicles must be parked fully within designated spaces.
  • Blocking aisles, stacking behind other units, or double-parking is prohibited.
  • Reserved or coned-off spaces may not be used without authorization.
  • TruxGuard may move or reposition vehicles to maintain safe access flow.

Customers waive all claims for incidental or cosmetic damage resulting from any required repositioning or movement of vehicles unless caused solely by TruxGuard’s proven gross negligence.

2. Speed Limit & Safe Driving

  • Maximum speed: 5 MPH at all times.
  • No aggressive driving, reversing without visibility, or unsafe maneuvering.

3. No Idling / No Noise Disturbances

  • Extended idling, engine revving, late-night noise, or air brake popping is prohibited.
  • Reefer units may run only if part of authorized customer operations.

4. No Repairs or Maintenance

  • No mechanical work, welding, oil changes, fueling, tire service, jump-starting, or maintenance may be performed onsite.
  • Emergency repairs require prior approval from TruxGuard management.

5. No Dumping or Waste Disposal

Prohibited activities include:

  • Trash disposal outside designated bins
  • Dumping fluids, oil, coolant, sewage, or hazardous materials
  • Abandoning pallets, tires, scrap, or personal items

Violations may result in fines and cleanup fees.

6. No Hazardous Materials

Storing or leaving hazardous, explosive, flammable, or leaking materials onsite is prohibited.
Customers must immediately report spills or leaks.

7. No Unauthorized Personnel

  • Only authorized customers, drivers, and team members listed on the account may enter the facility.
  • Guests, ride-alongs, and non-commercial visitors are not permitted.

8. Access Codes & Gate Security

  • Gate codes may not be shared with anyone not listed on the customer account.
  • Customers are responsible for all activity associated with their assigned gate code.
  • Tailgating (following another vehicle through the gate) is prohibited.
  • Customers must ensure the gate fully closes behind them.

9. No Living or Sleeping on Premises

Sleeping in vehicles, trailers, or equipment is strictly prohibited.

10. No Alcohol or Drugs

Use, possession, or distribution of alcohol, drugs, or controlled substances is not permitted.

11. Truck Washing

  • Truck washing or equipment washing is permitted only with written management approval.
  • Unauthorized washing is prohibited.

12. No Blocking Access

  • Vehicles must not block drive lanes, gates, dumpsters, or emergency access areas.
  • TruxGuard may relocate any vehicle obstructing traffic or operations.

TruxGuard may relocate any vehicle obstructing traffic or operations, and Customers waive all claims for incidental or cosmetic damage resulting from such relocation unless caused solely by TruxGuard’s proven gross negligence.

13. Compliance With Laws

All customers must comply with applicable local, state, and federal laws, including DOT/FMCSA regulations.

14. Towing & Enforcement

TruxGuard may tow, immobilize, or remove any vehicle that:

  • Violates these rules
  • Blocks access
  • Lacks an active reservation
  • Appears abandoned or non-operational
  • Has unpaid balances or access restrictions

All towing or relocation is performed at the customer’s expense.

15. Abandoned or Inoperable Vehicles

  • Flat tires, missing parts, leaking fluids, or non-movable vehicles may be deemed inoperable.
  • Inoperable vehicles are subject to removal, towing, or lien processing under Oregon law.

16. No Expectation of Privacy

The yard is equipped with cameras for deterrence only. TruxGuard does not guarantee monitoring, recording, storage, or review of footage.

17. Rule Changes

TruxGuard may update these rules at any time. Customers are responsible for knowing and following all current rules.

Updates will be posted at the facility and/or on TruxGuard’s website. Continued use of the facility constitutes acceptance of all updated rules.

18. Consequences of Noncompliance

Violations may result in:

  • Fines
  • Cleanup charges
  • Restricted access
  • Termination of parking privileges
  • Vehicle removal at the owner’s expense
  • Lien enforcement under ORS 87.152–87.206

By entering or using any TruxGuard facility, the customer agrees to abide by all rules listed above.

TruxGuard Liability Waivier & Facility Use Agreement

This Liability Waiver (“Waiver”) is entered into by the undersigned (“Customer”) in favor of TruxGuard LLC (“TruxGuard”), its owners, employees, agents, contractors, and affiliates, in consideration for the use of parking or storage facilities provided by TruxGuard.

1. Acknowledgment of Risk

Customer acknowledges that parking or storing any truck, trailer, equipment, or property at a TruxGuard facility is at the Customer’s sole risk. TruxGuard does not assume responsibility for the security, safety, protection, or condition of any vehicle, trailer, equipment, cargo, tools, or contents on the premises.

2. Waiver of Liability

Customer releases, waives, and discharges TruxGuard from any and all liability, claims, damages, or losses arising from or related to theft, vandalism, break-ins, trespassers, criminal activity, damage caused by other customers or third parties, fire, weather, wind, storms, flooding, natural conditions, and movement, jockeying, repositioning, or towing of vehicles unless caused solely by TruxGuard’s gross negligence. TruxGuard is not liable for incidental, consequential, business interruption, or cargo-related losses.

3. No Bailment

No bailment or custodial relationship is created. Customer retains full responsibility for locking, securing, and safeguarding all vehicles, trailers, equipment, and cargo.

4. Authority to Move, Reposition, or Tow Vehicles

Customer authorizes TruxGuard to enter, photograph, inspect, secure, jockey, reposition, or tow any vehicle or trailer as necessary for safety, yard layout, access, maintenance, enforcement of overdue accounts, or removal of abandoned or unauthorized vehicles. Customer waives all claims for incidental or cosmetic damage resulting from such actions unless caused solely by TruxGuard’s proven gross negligence. TruxGuard may use independent contractors to perform these services, and TruxGuard is not liable for their acts or omissions except where TruxGuard is proven grossly negligent.

5. Cameras and Surveillance

Any cameras or security systems on-site are for deterrence only. TruxGuard does not monitor cameras, guarantee recording or storage, review footage, or provide footage for claims.

6. Gate Access Responsibility

Customer is responsible for all use of their gate code, including access by employees, drivers, contractors, or any person they permit or enable to enter. Sharing gate codes voids all liability protection under this Waiver.

7. Indemnification

Customer agrees to indemnify, defend, and hold harmless TruxGuard from all claims, damages, or expenses (including attorney fees) arising out of Customer’s use of the facility, acts or omissions of Customer’s drivers, employees, or contractors, violations of facility rules, or damage caused to other customers’ property. This obligation survives termination of parking privileges.

8. Insurance Requirement

Customer is solely responsible for maintaining insurance covering their vehicle, trailer, cargo, tools, equipment, and liability, including theft, vandalism, and physical damage. Customer agrees that TruxGuard provides no insurance for Customer’s property.

9. No Duty to Warn or Notify

TruxGuard has no duty to warn Customer of suspicious activity, criminal behavior, weather events, trespassers, hazards, or natural conditions.

10. Compliance with Facility Rules

Customer agrees to comply with all posted, written, or updated rules and regulations. Failure to comply may result in immediate termination of access without refund.

11. Limitation of Liability (Damages Cap)

To the fullest extent permitted by law, TruxGuard’s maximum liability for any claim is limited to the total amount of parking fees paid by the Customer for the affected space during the 28-day billing cycle in which the event occurred. Customer waives all claims for damages exceeding this cap, including punitive, exemplary, incidental, or consequential damages. This limitation does not apply to damages caused solely by TruxGuard’s proven gross negligence.

12. Arbitration; No Jury Trial; No Class Actions

All disputes shall be resolved through binding arbitration in Marion County, Oregon. Customer waives any right to a jury trial, the right to file or join a class action, and the right to recover punitive or exemplary damages. Court proceedings are permitted only to enforce an arbitration order or award.

13. Governing Law

This Waiver is governed by the laws of the State of Oregon or the state where the facility is located.

14. Acknowledgment and Acceptance

By submitting payment, entering the facility, or parking onsite, Customer confirms they have read, understand, and voluntarily agree to all terms of this Waiver.