TRAIL’S END TERMS OF USE
Updated: December 26, 2023
These Terms of Use ("Terms") govern your access to and use of Weaver Fundraising, LLC, d/b/a Trail’s End Popcorn Company's (“Trail’s End,” “we,” “our,” or “us”) websites, prize programs, promotions, and other services ("Services"). “You,” and “your” refers to the users of our Services. By accessing or using our Services, you agree and acknowledge that Trails End has the right to modify these Terms and the Trail’s End Privacy Policy, for any or no reason, from time to time, in the sole discretion of Trail’s End. Any changes or modification will be effective immediately upon posting of the revisions on the Services. Your continued use of the Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review these Terms. If you do not agree to these Terms at any time, you must stop using the Services. If you do not agree to be bound by these Terms, in their present form or as modified from time to time, do not use our Services. If you have any questions about these Terms, please contact us at support@trails-end.com.
In order to use the Services, you must be (i) 18 or older, or if you are younger than 18, your parent or legal guardian must consent to the Terms on your behalf; (ii) have the power to enter a binding contract with Trail’s End; and (iii) not be prohibited from doing so under any applicable laws.
These Terms do not apply to your use of any other third-party websites or services that you may access via links provided by our Services. We may provide links to third-party sites to you as a convenience. We do not verify, make any representations or take responsibility for such third-party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed, and/or any other activities conducted on or through such third-party sites.
Trail’s End or its licensors own all rights, title and interest in and to all intellectual property (including, but not limited to, trademark, copyright, patent, and similar rights and property) included in the Services, and your access to the Services does not convey any ownership rights in such intellectual property. Trail’s End grants you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to access and use the Services and the relevant intellectual property contained therein (which does not include the duplication, modification, public display or creation of derivative works based upon the Services) for your personal use and, if applicable, for your fundraising efforts, in all cases only as contemplated by these Terms and our Privacy Policy (and, if you are a Scout, by other Trail’s End materials that may be distributed to you by councils and/or troops). Use of the Services and the intellectual property contained in the Services beyond this scope is strictly prohibited.
Except as expressly stated herein, none of the trademarks, service marks, texts, graphics, pictures, video, information, software, other files, and the selection and arrangement thereof used by Trail’s End in association with the Services (collectively, the “Site Materials”) may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means without the prior written permission of Trail’s End or the copyright owner. Any permission(s) given to you terminates automatically if you breach any of the Terms or for any other reason determined by Trail’s End. Upon termination, you must immediately destroy any downloaded or printed Site Materials. You may not, absent Trail’s End’s express permission, “mirror” any material contained on the Services on any other server. Any unauthorized use of any Site Material may violate applicable law.
1. User Accounts.
You must register an account and provide certain information about yourself to fully utilize the capabilities and features that are offered on portal.trails-end.com. You are responsible for maintaining the confidentiality of your account’s password. You are also responsible for all activities that occur in connection with your account whether performed by you or any other person using your account credentials. You must notify us immediately of any unauthorized use of your account. We reserve the absolute right to deactivate your account at any time for any or no reason.
You represent that any information that you provide when creating your Trail’s End account is accurate. We encourage you to provide complete information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself (or your Scout), provide an email address other than your own, or create multiple accounts.
Any information, ideas or opinions posted by users of Trails-End.com do not necessarily reflect Trail’s End’s views. Trail’s End does not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. When posting any information, materials or content or otherwise accessing or engaging with the Services, you will not:
i. Harass, defame, intimidate or threaten another user;
ii. Interfere with another user’s rights to privacy;
iii. Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
iv. Post any material that is obscene, offensive or indecent;
v. Post any trademarks, logos, copyrighted material or other intellectual property without the express authorization of the owner;
vi. Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
vii. Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);
viii. Use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Sites (although Trail’s End does allow operators of public search engines to use spiders to index materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Trail’s End reserves the right to revoke these exceptions either generally or in specific cases);
ix. Recruit or otherwise solicit any user to join third party services or websites that are competitive to Trail’s End or the Services, without Trail’s End’s prior written approval;
x. Use, display, mirror, or frame the Services or any individual element within the Services, Trail’s End’s name, any Trail’s End trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Trail’s End’s express written consent;
xi. Access, tamper with, or use non-public areas of the Services, Trail’s End’s computer systems, or the technical delivery systems of Trail’s End’s providers;
xii. Attempt to probe, scan, or test the vulnerability of any Trail’s End system or network or breach any security or authentication measures;
xiii. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Trail’s End or any of Trail’s End’s providers or any other third party (including another user) to protect the Services; or
xiv. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
You must at all times use the Services in a responsible and legal manner. In particular (but not exclusively), you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; or interfere with or disrupt the service or services or networks connected to the Services; collect or store personal data about other users including email addresses without consent. You will comply with all applicable local, state and federal laws, statutes and regulations regarding use of the Services.
Trail’s End will investigate and prosecute violations of any of the above to the fullest extent of the law. Trail’s End may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.
2. Communications and Notifications.
By using the Services, you consent to receiving electronic communications from Trail’s End. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services provided on or through the Services. These electronic communications are part of your relationship with Trail’s End. You acknowledge that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By registering an account in association with the Services, you agree to receive certain email communications in connection with your or your unit’s online fundraiser(s). You will receive mandatory communications informing you of important updates to our Terms or Privacy Policy, or security issues with your account. You will also, by default, receive occasional marketing communications related to your online fundraiser(s) (orders, goal progress, products), promotions, and other helpful information. If you choose, you may opt-out of non-essential marketing communications by contacting us at support@trails-end.com or by clicking “Unsubscribe” in the footer of any email.
You may request a paper version of an electronic communication. You acknowledge that Trail’s End reserves the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications. To request a paper copy of an electronic communication, please contact us at support@trails-end.com. You have the right to withdraw your consent to receive electronic communications via your account with Trail’s End at any time. You acknowledge that Trail’s End reserves the right to restrict or terminate access to your account with us if you withdraw your consent to receive electronic communications. If you wish to withdraw your consent, please contact us at support@trails-end.com. Also, please contact us at support@trails-end.com if you wish to receive electronic communications through a different email address than the one we have on file.
You are responsible for the installation, maintenance, and operation of your computer, digital device, browser and software. We only require that you have a working email address that uses a functioning modern app or web browser (such as a recent version of Google Chrome, Mozilla Firefox, or Safari) running on an up-to-date operating system (such as Windows 10, iOS 10, etc., as applicable and updated by their various publishers). Unsupported apps or browsers may not receive full functionality of the product. Trail’s End is not responsible for errors or failures from any malfunction of your computer, device, browser, or software.
You are also responsible for the installation and updating of any antivirus software or other security tools that can protect you from malicious code or online attacks. You should protect the username and password (“credentials”) to your Trail’s End account and should not use passwords that are easy to guess or re-used across multiple sites. Trail’s End is not responsible for transactions generated by misused credentials that have been stolen from you or from other sites.
3. SMS (TEXT MESSAGING)
Trail’s End Marketing SMS (Text Messaging) Program:
Subscribers who have opted-in, via the portal.trails-end.com registration page or by texting JOIN (or another keyword) to 62771 (Trail’s End’s short-code), will receive notifications based on goals, orders, shipping confirmations, promotions, and other pertinent information.
Message frequency determined by the user. Some users may receive 4+ messages/month, depending on goal progress and orders.
MESSAGE AND DATA RATES MAY APPLY. Text “JOIN” to 62771 to opt-in. Text “STOP” to 62771 to stop receiving text messages. Text “HELP” to 62771 for help.
For more info, email support@trails-end.com or call us toll-free at 855.708.0005. https://portal.trails-end.com/legal/privacy
Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system.
Carriers that support this program: Alltell, AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, Nextel, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross/Sprocket, Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Celluar), Illinois Valley Cellular, Immix (Keystone Wireless/PC Management), Inland Cellular, iWireless, Mobi PCS, Mosaic, MTPCS/Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, Simmetry, South Canaan/CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Aliant Mobility, Bell Mobility, Fido, MTS Mobility, NorthernTel Mobility, Rogers Wireless, SaskTel Mobility, Télébec Mobilité, TELUS Mobility, Vidéotron, Virgin Mobile Canada, WIND Mobile.
T-Mobile is not liable for delayed or undelivered messages.
4. User Generated Content.
Use of Your Comments, Photos and Videos: We love to see your comments, photos, and videos. By sharing, submitting, or uploading your story, comment, photo, or video of you and/or your minor children (“Your Content”) on our social webpages or websites, you represent that you own the exclusive copyright in Your Content and you authorize Trail’s End to use, publish, reproduce, modify, display, perform and distribute Your Content with or without your name or the name of your minor children, in perpetuity, worldwide, in any and all media or formats (now known or discovered or developed in the future) for any lawful purpose, subject to the privacy rights of minors provided under California law as described above. Do not upload or post any content in which you do not own the copyright. If individuals other than you appear in Your Content, or if the trademarks and/or copyrights of a third party appear in Your Content, by sharing, submitting or uploading Your Content, you represent that you have their written permission (or their parent’s or legal guardian’s permission if a minor) to share, submit or upload such content. If you do not or cannot follow these terms and conditions, do not share, submit or upload any content to any Trail’s End Services including without limitation any Trail’s End social webpages or websites.
You represent and warrant that your use of the Services conforms to these Terms and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in any and all Your Content posted to or submitted in association with the Services, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, such user generated content in all manners contemplated by these Terms.
YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES) BY ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH OUR USE AND EXPLOITATION OF YOUR CONTENT, OR ANY OTHER ACT, RESULTING FROM YOUR BREACH OF THESE TERMS. YOU ALSO AGREE TO WAIVE AND NOT TO ENFORCE ANY MORAL RIGHTS, ANCILLARY RIGHTS OR SIMILAR RIGHTS IN OR TO ANY OF YOUR CONTENT, SUBMITTED BY YOU OR ON YOUR BEHALF, AGAINST US OR OUR LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND YOU AGREE TO PROCURE THE SAME AGREEMENT TO WAIVE AND NOT TO ENFORCE FROM OTHERS WHO MAY POSSESS SUCH RIGHTS.
5. Return to Scouting
Throughout the Services, Trail’s End makes references in various ways to its return to scouting commitment (“Return to Scouting”), in some case identifying specific figures related to purchases representing amounts that are returned to, or otherwise benefit, scouting. Trail’s End calculates the Return to Scouting on a nationwide average of its operations, taking the total benefit to scouting provided by Trail’s End divided by the retail value of all Trail’s End product sales nationwide and not on an individual sale basis. The total benefit received by scouting from the Trail’s End fundraising operations includes proceeds from Traditional Sales, Online Direct Sales, and other direct benefits, before any expenses to run the sale. Amounts identified on the Services relating to individual purchases and/or transactions as ‘returned to scouting’ or similar are illustrative of the foregoing calculation methodology.
The “Traditional Sale” is defined as sales of product that are
sold to councils by Trail’s End and distributed out to units and scouts for
resale on behalf of the councils to consumers. The Return to Scouting for the
traditional sale is calculated based on Trail’s End best pricing, which is
based on a full truckload order. If the council orders less than a full
truckload, the pricing reflects the cost of additional shipping and handling
that Trail’s End incurs.
The “Online Direct Sale” is defined as the sales of product to consumers by
Trail’s End, with commissions paid to councils and/or units at the direction
and under the authority of the applicable council. Trail’s End and Scouting
offer Free Shipping to Online Direct consumers to encourage a larger purchase
and increase the overall Return to Scouting. The commissions paid to Boy Scouts
of America councils and units for Online Direct sales are lowered to offset
these shipping costs that would normally have been paid by the consumer.
Trail’s End offers other direct benefits to councils, units and Scouts which may include but are not limited to the Trail’s End Rewards Program, credit card processing fees through the Trail’s End App, and other promotions or marketing support paid directly to councils, units, or scouts.
II. TRAIL’S END APPLICATION TERMS OF USE
These additional provisions of the Terms govern your access to and use of Trail’s End’s Application (“App”) and Services accessed via the App (all of which are incorporated into the definition of the “App”). By accessing or using our App, you are consenting to these additional provisions.
Trail’s End makes the App available as a platform for product sales by Councils who sell such product through Participating Units and Scouts who act as sales representatives on behalf of the councils and earn commission through such sales by participating in the Trail’s End fundraising program. Trail’s End does not sell product directly to consumers through the App. Use of the App requires a mobile device compatible with the mobile service; Trail’s End does not warrant that the App will be compatible with your mobile device or mobile carrier. Trail’s End grants to you a non-exclusive, non-transferable, non-sublicensable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your use as contemplated by the Trail’s End fundraising programs. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. Trail’s End may issue App upgrades from time to time, which may automatically electronically upgrade or update the version of the App that you are using on your mobile device. You consent to such automatic upgrading and updating on your mobile device, and acknowledge that these Terms will apply to all such upgrades and updates. This is a license, not a sale of the App. Trail’s End and its third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copies). Standard carrier data charges may apply to your use of the App.
The following additional terms and conditions apply with respect to any App that Trail’s end provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
i. You acknowledge that these Terms are only between you and Trail’s End, and not with Apple, Inc. (“Apple”).
ii. Your use of Trail’s End’s iOS App must comply with Apple’s then-current App Store Terms of Service.
iii. Trail’s End, and not Apple, is solely responsible for our iOS App and the Services and content available thereon. Apple has no obligation to provide maintenance and support services with respect to the Trail’s End iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Trail’s End iOS App.
iv. Trail’s End, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
v. Trail’s End, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
vi. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
vii. You shall comply with all applicable third-party terms of agreement when using our iOS App (g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
viii. Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Trail’s End iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any App that Trail’s End provides to you designed for use on an Android-powered mobile device (an “Android App”):
i. You acknowledge that these Terms are between you and Trail’s End only, and not with Google, Inc. (“Google”).
ii. Your use of the Trail’s End Android App must comply with Google’s then-current Android Market Terms of Service.
iii. Google is only a provider of the Android Market where you obtained the Android App. Trail’s End, and not Google, is solely responsible for Trail’s End’s Android App and the Services available thereon. Google has no obligation or liability to you with respect to Trail’s End’s Android App or these Terms.
iv. You acknowledge that Google is a third-party beneficiary to the Terms as they relate to Trail’s End’s Android App
1. General.
You may also be the principal or leader of a unit participating in the Trail’s End fundraising program (“Participating Unit(s)”). Participating Units acknowledge and agree that we have entered into certain agreements, including the Executive Summary and Payment Terms Addendum, with the various Councils of Boy Scouts America (collectively, the “Councils”, each, a “Council”) whereby we have agreed to a payment processing structure to facilitate payments by and between us, the Councils and Participating Units. Under all such arrangements, you hereby agree and acknowledge that the Councils are at all times the sellers of products to end consumers in association with the Services, and that Trail’s End and the Services serve only as an independent account administrator and pass-through payment processor between the accounts held by the Councils and Participating Units, as applicable. In serving such functions, Trail’s End does not independently determine amounts owed to Participating Units, but rather provides payments from Council accounts under the agreed instruction and direction of the Councils. Trail’s End is in not an agent of the Councils or Participating Units with respect to any such payments and transactions. Payment to Councils by Trail’s End for amounts related to sales of product conducted by Council’s or on Council’s behalf by its affiliated Units or Scouts shall be final settlement of all debt by Trail’s End relates to such transactions. Payments of commissions related to product Sales may be directed at the discretion of Councils (as identified herein) to Units or Scouts, as applicable under these terms. As a condition of your use of the Services, all Participating Units, must identify through their User Account the Council to which the Participating Unit is affiliated.
2. Fundraiser.
The Councils have agreed to purchase packaged popcorn and other products (collectively, the “Popcorn”) from us for the subsequent sale of the Popcorn by Councils to be sold by Councils through Participating Units and Scouts to consumers. Participating Units and their Scouts or Scout parents, acting as sales representatives for the Councils, will have the option to make sales on behalf and for the benefit of Councils through the Trail’s End App (“Application Sales”), the Trail’s End website (“Website Sales,” together with Application Sales, the “Credit Sales”), and cash transactions. (“Cash Sales,” together with Credit Sales, the “Sales”). Scout parents will also have the option to transfer funds relating to cash sales to the applicable Participating Units through debit or credit card over the Trail’s End application (“Parent Payment”) for any Cash Sales via the Application Sales (“Wagon Sale(s)”), such transfers to the Participating Units being then allocated to the Council’s or as otherwise directed by the Councils. The Council(s), as applicable, will be the sellers of such products and have the sole discretion to approve Participating Units’ admission into the Trail’s End system and to accept or reject orders for Popcorn. Participating Units and your Council shall also be responsible for maintaining your billing records.
3. Credit Sales.
i. The amounts received by Trail’s End from Credit Sales and Parent Payments shall be credited towards the applicable corresponding Council accounts and applied to applicable Participating Unit accounts as credits for commissions on sales earned by such Participating Units from the Council against the amounts owed by such Participating Unit to such Council until such Unit’s obligation to an applicable Council is paid in full, in each case such credits and transfers being determined by adherence to the applicable objective records and under the authority and direction of the Councils. The amounts received by Trail’s End and applied as credits against a Participating Unit’s obligations to any Council shall become amounts payable by Trail’s End to Council, and, as applicable, applied as credits against the amounts owed by Council to Trail’s End until the Council’s obligation to Trail’s End is paid in full.
ii. The amounts credited for Application Sales and Parent Payments will be equal to the full amount received by Trail’s End for such Application Sale or Parent Payment. The amounts credited for Website Sales will be equal to the commissions owed to the applicable Participating Unit by its applicable Council, in an amount as specified by and paid or directed to be paid by such Council, and to each applicable Council, for such Website Sale, as set forth in the Trail’s End Executive Summary.
iii. The Parties agree that Trail’s End has the right at any time to setoff any amounts it owes to Council against any amount payable by such Council to Trail’s End.
iv. Unless otherwise set forth in the Executive Summary, Trail’s End shall pay all amounts that are due, owing, and allocable to Council (i) no later than December 15 of the applicable Sales Year, or (ii) for any Credit Sale after December 15 of the Sales Year, within 45 days after the effective date of such Credit Sale.
v. After the unit balance in an applicable Participating Unit account in the Trail’s End system shows that such Participating Unit has met its minimum sales thresholds to cover the costs of product sold on behalf of its applicable Council, and no longer shows a negative balance to its Council (and the applicable Council’s costs to Trail’s End for the product sold by such Participating Unit (who acts as a sales representative on behalf of its Council) have been satisfied), such Participating Unit, as specified by Trail’s End, shall have the option to request transfer of (a) amounts received by Trail’s End from Credit Sales, or (b) positive account balances in such Participating Unit accounts, be made either (i) directly to the Participating Unit or (ii) to Council, so long as Council provides Trail’s End with written consent to receive such transfers in a form acceptable to Trail’s End in its sole discretion. Such transfers, whether to Council or to a Participating Unit, shall be made every Friday, one week in arrears, or the next business day thereafter in the event of a bank holiday. Trail’s End reserves the right in its sole discretion to change the frequency of payments. If a Participating Unit chooses not to request such transfer, Trail’s End may retain funds as a Participating Unit credit balance until the Participating Unit (i) makes a request for transfer or (ii) once again has a balance owing to Council from additional Popcorn purchases.
vi. Notwithstanding the foregoing, if a Participating Unit does not request a transfer, as identified in subsection (v) above, and the annual popcorn sale for the year to which such funds were earned has concluded (as determined by Trail’s End in its sole discretion), Trail’s End may in its sole discretion transfer such positive account balances to the Participating Unit’s associated Council to hold as custodian for the applicable Participating Unit, so long as such Council provides Trail’s End with written consent to receive such transfers and hold them as custodian for the applicable Participating Unit in a form acceptable to Trail’s End in its sole discretion. Any funds transferred to a Council pursuant to the foregoing may be deposited by such Council into a Participating Unit’s account maintained with such Council and such funds may be applied against any amounts owed to the Council by such Participating Unit. Prior to any transfer of Participating Unit account balances from Trail’s End to any Council, Trail’s End shall send electronic notice of its intention to make such a transfer to the applicable Participating Unit(s) at least thirty (30) days prior to the transfer. In the event that a Participating Unit does not desire its account balance to be transferred to it associated Council, such Participating Unit must request the dispersal of its account balance to such Participating Unit prior to the noticed transfer date to the applicable Council.
VII. RELEASE OF LIABILITY: FOLLOWING ANY ACTION BY TRAIL’S END IN ACCORDANCE WITH THESE RULES, INCLUDING WITHOUT LIMITATION ANY AND ALL TRANSFERS OF ANY ACCOUNT BALANCES FROM A UNIT ACCOUNT TO A COUNCIL OR COUNCIL ACCOUNT PURSUANT TO THESE TERMS, THE APPLIABLE COUNCIL AND PARTICIPATING UNIT HEREBY RELEASES AND FOREVER DISCHARGES TRAIL’S END AND ITS OFFICERS, OWNERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS AND LEGAL REPRESENTATIVES FROM ALL ACTIONS, CAUSES OF ACTION, SUITS, DEBTS, DUES, SUMS OF MONEY, ACCOUNTS, RECKONINGS, BONDS, BILLS, SPECIALTIES, COVENANTS, CONTRACTS, CONTROVERSIES, AGREEMENTS, PROMISES, VARIANCES, TRESPASSES, DAMAGES, JUDGMENTS, EXTENTS, EXECUTIONS, CLAIMS, DEMANDS AND/OR LIABILITIES OF ANY NATURE WHATSOEVER IN CONNECTION WITH SUCH TRANSFERRED FUNDS, WHETHER OR NOT NOW KNOWN, SUSPECTED OR CLAIMED, ARISING ON OR BEFORE THE DATE HEREOF, RELATING TO ANY MATTER WHATSOEVER, WHICH THE PARTICIPATING UNIT HAD, NOW HAS OR MAY CLAIM TO HAVE NOW AGAINST TRAIL’S END AND ITS OFFICERS, OWNERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS AND LEGAL REPRESENTATIVES.
viii. Trail’s End shall not be obligated to make transfer to any Participating Unit at any time that the Trail’s End system shows an amount owing by such Participating Unit to its applicable Council, such a scenario indicating that no commission has been earned. Trail’s End shall have no liability to any Council in the case that such Council mistakenly provides information to Trail’s End that an applicable Participating Unit no longer owes any applicable Council any funds and Trail’s End subsequently makes a transfer to such Participating Unit based on such information, whether erroneous or not.
ix. SELLER OF RECORD: Trail’s End shall be the seller of record for all Website Sales, but the relevant Council shall be deemed the seller of record for all Application Sales.
x. Parents can pay their applicable Unit through credit or debit transactions using the Trail’s End Application for Wagon Sales owed to the Participating Unit. If approved Participating Unit orders plus Participating Unit transfers are less than or equal to application credit sales plus Parent Payments, the Unit cannot process a “Unit payout available” transaction.
xi. Trail’s End reserves the right to refund sales, orders or Parent Payments that are deemed to be unrelated to Popcorn.
4. Cash Sales.
Participating Units hereby acknowledge that each Participating Unit’s Council will be obligated to promptly account to us for any amounts collected by a Participating Unit and paid to a Participating Unit’s Councils upon the terms agreed upon by such Participating Unit and the relevant Council related to any Cash Sales, and we shall include on our system and records the Cash Sales reported to us when calculating the amounts owed between us, the relevant Council, and the applicable Participating Unit.
5. Method of Payment.
All transfers made by us from Councils of commissions to any Participating Units shall be in US dollars and made by electronic transfer.
6. IRS Reporting Requirements.
The IRS requires Third Party Settlement Organizations (“TPSO”) that process payments and otherwise so qualify under Section 6050W of the Internal Revenue Code to issue IRS Forms 1099-K to “participating payees” who receive payments from the TPSO once certain payment thresholds or are met. Beginning in 2022, the payment threshold for Form 1099-K reporting is an annual amount of more than $600. A Form 1099-K is the informational return that is given to the IRS, certain state tax authorities and qualifying sellers.
Generally, the TPSO under these Terms will be Trail’s End, with Trail’s End settling payments to Councils as participating payees of the Popcorn sale and related fundraising activities for Form 1099-K purposes. Trail’s End, therefore, will annually issue IRS Forms 1099-K to each Council that meets the reporting threshold. The reporting thresholds are based on the aggregate gross credit volume processed on all accounts using the same Tax Identification Number (TIN) to a Council. If a council has multiple accounts that use the same TIN, Trail’s End will aggregate the volume for all accounts to determine if the Council qualifies for a Form 1099-K. Generally, Councils meeting the following criteria qualify for a 1099-K and must be reported to the IRS (or state) by the applicable TPSO:
i. More than $600 in gross credit sales from goods or services in the calendar year.
Trail’s End does not function as a TPSO or settle payments for purchases to Participating Units as those terms are applied to any Form 1099-K obligations of Trails End. Councils agree that they have the primary obligation or assume any Form 1099 reporting obligations on payments transferred to Participating Units (e.g. commissions on sale) from the Councils through Trail’s End’s network. Councils further agree that Trails End does not exercise management or oversight of the amounts transferred to Participating Units and transfers any such funds earned as commissions or otherwise solely at Council’s direction. Councils hereby agree, and acknowledge their sole and exclusive obligation, to indemnify Trail’s End for any and all liability, of any kind, whether now known or unknown, whether now foreseeable or otherwise, arising with respect to violations of these Terms, including without limitation, obligations to issue Forms 1099, collect and properly file Forms 1099 with respect to any transfers to Units, or any other governmental reporting obligations and forms, on or relating to payments transferred via any Trail’s End platform, system, or application to Participating Units.
1. Acceptance of Terms and Conditions of Use.
You may also be a Prize Program Scout (defined below).
Thank you for participating in the Trail’s End Rewards Program (the “TE Rewards Program”). In addition to the TE Rewards Program, Trail’s End may run additional promotional programs “Other Incentive Programs” which will have their own Terms & Conditions which can be found in association with the promotional material for such programs by clicking here. The TE Rewards Program and all Other Incentive Programs (collectively “Prize Programs”) shall be governed by these Terms and any other individual terms and conditions as otherwise noticed in association with such Prize Programs, which are hereby incorporated herein. We are pleased to provide the Prize Programs to individual, qualifying, and participating Scouts (“Prize Program Scouts”). Scout units and other groups of multiple Scouts who share one (1) account are not eligible to participate in the Prize Programs and will be required to forfeit all prizes (for the avoidance of doubt, only accounts associated with only one (1) Scout shall qualify to participate in Prize Programs). This Section IV contains the terms and conditions related to the Prize Programs. Participation in the Prize Programs indicates assent to these Terms (or the assent of your parent/guardian, if the Prize Program Scout is a minor).
2. Trail’s End Rewards Program.
The TE Rewards Program provides certain incentives related to your product sales to support Scouting. Prize Program Scouts will be rewarded with Amazon.com Gift Cards based on meeting certain points levels as provided by Trail’s End and amended from time to time in the sole discretion of Trail’s End . The prizes displayed in the Trail’s End Prize Flyer, Trail’s End App, and Trail’s End Website are suggested prizes or prize ideas to be purchased on Amazon.com with your Gift Card if available. Actual costs of prizes are estimates and subject to change, and do not include applicable taxes and shipping.
Points may be earned for sales taken via storefront, wagon and online direct (Trail’s End App and Trail’s End Website) recorded in the Trail’s End App and Trail’s End website. Points may also be awarded for participating or completing various activities during the Sales Year.
A Scout will earn:
i. One and a quarter (1.25) points for each U.S. sales dollar sold online direct.
ii. One and a quarter (1.25) points for each U.S. sales dollar paid via credit card and sold at storefronts or wagon.
iii. One point (1) for each U.S. sales dollar paid via cash and sold via storefronts or wagon.
Points accumulated during the Sales Year cannot be combined with Points from other Sales Years. Points or credits earned in one Prize Programs apply only to the specific program identified and are not interchangeable with those for other Prize Programs or redeemable for a cash value, unless expressly stated otherwise in an official writing from Trail’s End. Trail’s End may add to and/or change the number of points you can earn for each sale, the number of points required to meet a points level, and the value of the Amazon.com Gift Cards awarded at each points level, ins its sole discretion. Trail’s End may also cancel the any reward or incentive program at any time for any or no reason. Payments processed using the parent payment “PAY NOW” module are not eligible to earn reward points. Points are determined on the retail sales total of products and donations, including discounts, but excluding sales tax and shipping costs passed through to the consumer.
Prize Program Scouts must have an active registered account with Trail’s End to redeem applicable Amazon.com Gift Card rewards. In addition, Prize Program Scouts’ units must submit the order for the Amazon.com Gift Card to confirm the relevant sales levels. The applicable earned Amazon.com Gift Card(s) are redeemed in each Prize Program Scout’s Trail’s End account once approved and made available according to the Trail’s End Rewards Terms of Use. Rewards levels are not cumulative. Where indicated, Scouts must reach or surpass stated points total (storefront, wagon and online direct points combined), to be eligible for the Amazon.com Gift Card amount stated at that level. The TE Rewards program is intended to incentivize Scouts for individual sales. Moving sales from one Scout to another, or combining sales between Scouts for the purpose of maximizing the reward or prize value earned for a Scout is prohibited.
Submission Timeframe Limitations:
· For the 2022 Sales Year, Prize Program Scouts will have until the end of the 2023 calendar year to claim applicable rewards and prizes, such as Amazon.com Gift Cards. For the avoidance of doubt, for the 2022 Sales Year, if the Prize Program Scout’s unit submits an order for an Amazon.com Gift Card, the Prize Program Scout will have until December 31, 2023 to redeem the Amazon.com Gift Card. Restrictions apply, see //Amazon.com/gc-legal.
· For the 2023 Sales Year, and each subsequent Sales Year (unless otherwise modified in updates to these Terms), Prize Program Scouts will have until June 30th of the calendar year following the applicable Sales Year to claim applicable rewards and prizes, such as Amazon.com Gift Cards. For the avoidance of doubt, if the Prize Program Scout’s unit submits an order for an Amazon.com Gift Card for the 2023 Sales Year, the Prize Program Scout will have until June 30, 2024, to redeem the Amazon.com Gift Card. Restrictions apply, see //Amazon.com/gc-legal.
3. Tax Reporting.
To receive $600 or more in Amazon.com gift cards, Visa gift cards, or otherwise under the Prize Programs in a single Sales Year, Prize Program Scouts must provide all additional information required by Trail’s End to issue a Form 1099-MISC to you. Prize Program Scouts shall not have a legal entitlement to redeem a gift card or other prize unless and until such information is provided to Trail’s End. Prize Program Scouts are responsible for any taxes due based on participation in the Program. Trail’s End will not withhold or pay any state, federal or other taxes that may be due on behalf of a Prize Program Scout.
4. Privacy Policy.
Any personal information we may collect is governed by our Privacy Policy (the “Policy”) located here. The current version of the Policy is available here for viewing or printing: https://portal.trails-end.com/legal/privacy. If we decide to change our Privacy Policy, we will post those changes to this privacy statement and other places we deem appropriate, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.
5. Intellectual Property.
Nothing under the Prize Programs grant Prize Program Scouts the right to use trademarks or other intellectual property owned by Trail’s End or Amazon.
6. Amazon Terms and Conditions of Use.
Prize Program Scouts’ use of the Amazon Dollars is governed by Amazon.com Balance and Amazon.com Gift Card Terms and Conditions, currently located here: https://www.amazon.com/gp/help/customer/display.html?ie=UTF8&nodeId=3122091 (the “Amazon.com Terms and Conditions”). Prize Program Scouts are responsible for being familiar with the current version of the Amazon.com Terms and Conditions. Nothing in these Terms should be read to supersede the Amazon.com Terms and Conditions, and in the event of a conflict, the Amazon.com Terms and Conditions shall govern.
7. Submission.
Prize Program Scouts’ Units must submit the order for the Amazon.com Gift Card to confirm the relevant sales levels. The Prize Program Scouts’ Units submission is due by March 31 of the Sales Year following the in which the qualifying sales occurred. For the avoidance of doubt, the Prize Program Scouts’ Units must submit the order for 2023 Sales Year Amazon.com Gift Cards by March 31, 2024.
8. Sales Year.
The “Sales Year” (and any subsequent Sales Year(s)) will run from December 31st, 7:00PM EST through December 31st, 6:59PM EST of the following year, each calendar year. Prize Program Scouts can elect to sell product obtained in the prior sales year through March 31 of the current sales year, and have those sales applied towards the prior sales years’ Prize Programs as long as the sales are recorded under the prior Sales Year in the Trail’s End Website. The Sales Year may be changed at any time at the sole and absolute discretion of Trail’s End.
9. Use of the Program.
Prize Program Scouts must be enrolled in an active Scouting
program through the Boy Scouts of America (“BSA”) and have a registered account
on Trails-End.com to participate in the Prize Programs. Prize Program Scouts
must provide true, accurate, current and complete information about yourself as
prompted by the registration process and that you will update that information
as necessary to maintain its accuracy. Prize Program Scouts are
responsible for maintaining the confidentiality of their accounts and passwords
and for restricting access to their computers. Prize Program Scouts
accept responsibility for all activities that occur under their accounts or
passwords and such use shall be deemed to be use by the Prize Program Scout.
Prize Program Scout will ensure that all use of Prize Program Scout’s account
fully complies with these Terms. Transfer of the account by Prize Program
Scout to any other person or entity is prohibited.
V. Warranty, Indemnity, and Liability
1. Disclaimer of Warranties.
THE SERVICES DESCRIBED HEREIN, INCLUDING WITHOUT LIMITAITON THE PRIZE PROGRAMS, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, AND IMPLIED WARRANTIES, WHICH IMPLIED WARRANTIES SHALL INCLUDE BUT NOT BE LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES OR DATA OF OR ABOUT YOU OR ANY PRIZE PROGRAM SCOUT OR OTHER PERMITTED USER OR SUBMISSION ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU OR ANY PRIZE PROGRAM SCOUT OR OTHER PERMITTED USER WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
2. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (I) THE SERVICES; (II) YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES ; (III) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SERVICES; AND (IV) DAMAGE TO ANY HARDWARE RESULTING FROM USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH US, THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES, INCLUDING WITHOUT LIMITAION ANY PRIZE PROGRAMS OR PROMOTIONS OR WEBSITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ATTRIBUTABLE TO OR CAUSED BY USE OF THE SERVICES OR PARTICIPATION IN ANY SERVICES INCLUDING WITHOUT LIMITATION ANY PRIZE PROGRAM OR YOUR, OR ANY PERMITTED USER’S USE OR MISUSE OF THE SERVICES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE THE SERVICES OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE FIRST DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.
3. Indemnification.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD US AND OUR EMPLOYEES, OWNERS, AGENTS, CONTRACTORS, OFFICERS AND DIRECTORS HARMLESS FROM ALL LIABILITIES, DAMAGES, EXPENSES, AND OTHER LOSSES, INCLUDING ATTORNEY’S FEES, THAT ARE BASED ON CLAIMS ARISING FROM (I) YOUR PARTICIPATION IN OR MISUSE OF SERVICES; (II) YOUR BREACH OF THESE TERMS; OR (III) YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. WITHOUT LIMITING THE FOREGOING IN ANY WAY, WE RESERVE THE RIGHT, TO (A) ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, OR (B) PARTICIPATE IN THE DEFENSE WITH COUNSEL OF OUR OWN CHOOSING; AND IN BOTH SUCH CASES, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
VI. HEROES AND HELPERS DONATION
1. Program Overview.
For over 15 years, Trail’s End has provided opportunities to send a gift of Trail’s End popcorn to United States Military Troops and Personnel under its “American Heroes” donation program. In addition to continuing such opportunities, Trail’s End has expanded the available charitable scope associated with this opportunity to provide donations to other deserving organizations and updated the name of its charitable donation program to the “Heroes and Helpers Donation” program. Beginning in 2022, under this program, Trail’s End will be making opportunities available to send a gift of Trail’s End popcorn to military personnel, first responders such as police officers, firefighters, medical service personnel and their families, food banks, and other charitable organizations who provide valuable services to the communities they serve. The timing of such opportunities and the destination(s) of such Heroes and Helpers Donation(s) will at all times remain in the sole discretion of Trail’s End. Trail’s End will require all Heroes and Helpers Donations recorded in the Trail’s End App to be ordered by individual units and councils through the traditional ordering process. System-wide orders will automatically be placed for councils on such schedule(s) as Trail’s End determines in its sole discretion during each calendar year to account for any unordered donations. Notice of such order schedule shall be provided in advanced. Participation in this program shall constitute full acceptance of all Terms which may be amended or altered by Trail’s End from time to time in its sole and exclusive discretion.
2. Donations.
You may become a donor (“Donor”) by making a donation to Trail’s End Heroes and Helpers Donation program through the shop on Trails-End.com or by clicking on “Support Heroes and Helpers” within ‘Useful Links’ at the bottom of the website. You acknowledge and agree that you are under no obligation to become a Donor or to make a donation and that you will be solely responsible for any decision to become a Donor. You understand that your contribution is being made to Trail’s End and that Trail’s End has exclusive legal control over all donations. In the event that you make a donation, you may be required to provide credit card or other payment information at the time of the donation. You represent and agree that all payment information you provide to Trail’s End or Trail’s End’s third party service providers will be true, accurate, current, and complete and that you will update such payment information as necessary to maintain such information as true, accurate, current and complete. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree that Trail’s End may make one or more additional attempts to fund your donation using the payment method provided at the time of your donation, and that if such payment method fails after one or more additional attempts you will immediately provide Trail’s End with alternative payment information to fulfill/complete your donation. You agree that all donations are final and will not be returned, in whole or in part.
You may elect to make reoccurring monthly Heroes and Helpers Donations. The minimum monthly Heroes and Helpers Donation amount is $5, with no set maximum. If a you elect to make a recurring Donation, you will be charged the monthly Heroes and Helpers Donation amount consistent with your election and as of the time of your initial pledge, and will be charged every month on/about the 25th of the month, until such reoccurring donation is modified or cancelled by you. Cancellations and modifications of Heroes and Helpers Donations are only effective prior to the date such donations are charged to your account or credit card. Heroes and Helpers Donations that have been charged are final and may not be refunded or terminated retroactively. In order to cancel your upcoming Heroes and Helpers Donations, contact us at support@trails-end.com .
VII. MISCELLANEOUS
1. Choice of Law.
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms, the App, the Services, or your participation in the Prize Programs shall be filed and venued only in the state or federal courts having subject matter jurisdiction located in the State of Indiana and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You hereby waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
2. Integration and Severability.
The Terms constitute the entire agreement between You and Trail’s End with respect to the Services and supersede all prior or contemporaneous communications and proposals with respect to such topics. If any provision of these Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
3. Waiver.
Our failure at any time to require performance of any provision of these Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
4. Termination, Program Changes.
We may terminate any or all of the Services, including without limitation the Prize Programs and/or change the terms and conditions for same at any time, in our sole discretion.
5. Copyright infringement notice.
Trail’s End respects copyright and other intellectual property rights and expects all users of the Services to do the same. If you are a copyright holder, or its agent, and believe that any copyrighted material on the Site infringes your copyrighted work, please email us at support@trails-end.com
When providing this notice, please include as much detail as possible. Trail’s End will work to identify the allegedly infringing material and, if necessary, will take reasonable steps to remove or disable access to such material. Please note that Trail’s End may provide the rights owner’s name, your email address, and the details of your report to the person who posted the reported material.
Trail’s End controls and operates the Services from the United States. Trail’s End makes no representation that materials associated with the Services are appropriate or available for use in other locations, and access to the Services from territories where its contents are illegal is prohibited. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk and are responsible for compliance with applicable local laws.
6. Questions.
For questions related to these Terms or the Prize Programs, please email us at support@trails-end.com.