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Terms of Sale

Website Terms of Sale

Last Revised: September 19, 2025

These Terms and Conditions of Sale (the “Terms and Conditions”) are entered into between you (“you,” or “User”) and Weaver Fundraising, LLC d/b/a Trail’s End (collectively with its subsidiaries and affiliates, “Company,” “Trail’s End,” “we,” “us,” and “our”).  These Terms and Conditions govern your access to and use of Company services offered on the website located at https://trails-end.com/ as well as any websites directly owned by the Company where these Terms and Conditions are linked (the “Website”), including any content or functionality offered on or through the Website. The Website is owned and operated by the Company.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.

By placing an order for products or by accessing, browsing, submitting information to and/or using the Website, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and Conditions and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR PLACE AN ORDER.

 

1.     OTHER TERMS

These Terms are incorporated by reference and should be read in conjunction with the Company’s (1) Terms of Use; (2) Privacy Policy; and (3) State Privacy Disclosure.

These Terms do not apply to our Scout/Unit website, portal, and mobile application. For information about our Scout/Unit website, portal, and mobile application, please see our (1) Scout Privacy Policy; (2) Scout Terms and Conditions; and (3) Scout State Privacy Disclosure.

2.     PRODUCT INFORMATION AND AVAILABILITY

Information about our products is provided on our Website for illustrative and informational purposes and despite our best efforts, occasional typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, specifications and/or availability may occur. Accordingly, we do not guarantee the accuracy or completeness of any product information on our Website. We reserve the right to correct or update our Website with respect to products at any time without prior notice (including after you have submitted an order). If you do not wish to continue your purchase after pricing or other product information has been corrected, please contact us right away.

Product availability on our Website is not guaranteed as it may be low in stock or otherwise unavailable due to reasons beyond our control. If any selected product is not available at the time your order processes, we will notify you of this.

3.     ORDER ACCEPTANCE AND CANCELLATION

Orders will be initiated when you submit an order on the Website. You agree that your order is an offer to buy, under these Terms and Conditions, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. If you wish to purchase any products available through our Website, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address and your shipping information. You represent and warrant that you have the legal right to use any payment cards or other payment methods utilized in connection with any transaction. By submitting such information, you grant Company the right to provide such information to third parties for the purposes of facilitating the order initiated by you or on your behalf. Orders are not subject to cancellation or modification, in whole or in part.

4.     PRICES AND PAYMENT TERMS

All prices posted on the Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Price increases, and any price decreases, will only apply to orders placed after such changes and will not change already placed orders. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart, including any heavy fee for items due to size or weight. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit or debit card information or other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment information for the purchase, (iii) charges incurred by you will be honored by your financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

You shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall reimburse Company for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms and Conditions or at law (which Company does not waive by the exercise of any rights hereunder), if you fail to comply with the terms of payment, Company shall be entitled to hold shipment until payment is made. You shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Company, whether relating to Company’s breach, bankruptcy or otherwise.

5.     HOW YOUR FUNDS WORK

Our website and products may make references to a return to scouting or stays local commitment (“Return to Scouting”), in some cases identifying specific figures related to purchases representing amounts that are returned to, or otherwise benefit, scouting. We calculate the Return to Scouting on a nationwide average of our operations. Amounts identified on our website and products relating to individual purchases and/or transactions as “returned to scouting”, “stays local”, or similar are illustrative of the foregoing calculation. For more information about our program and where your funds go, please visit: https://trails-end.com/pages/how-it-works.

6.     HEROES AND HELPERS

Program Overview

For over 15 years, Trail’s End has provided opportunities to send Trail’s End popcorn to United States Military Troops and Personnel under its “American Heroes” program. In addition to continuing such opportunities, Trail’s End has expanded the available scope associated with this opportunity to provide support to other deserving organizations and updated the name of its program to the “Heroes and Helpers Program”. Through this program, Trail’s End makes opportunities available to send Trail’s End popcorn to military personnel, first responders such as police officers, firefighters, medical service personnel and their families, food banks, and other organizations who provide valuable services to the communities they serve. The timing of such opportunities and the destination(s) of such Heroes and Helpers support will at all times remain in the sole discretion of Trail’s End. 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.

Purchases and Support

You may become a supporter (“Supporter”) by making a purchase for Trail’s End Heroes and Helpers Program through the shop on Trails-End.com. You acknowledge and agree that you are under no obligation to become a Supporter or to make a purchase and that you will be solely responsible for any decision to become a Supporter. You understand that your purchase is being made to Trail’s End and that Trail’s End has exclusive legal control over all purchases and support. In the event that you make a purchase, you may be required to provide credit card or other payment information at the time of the purchase. 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 purchase using the payment method provided at the time of your purchase, 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 purchase. You agree that all purchases are final and will not be returned, in whole or in part.

You may have the option to make reoccurring monthly Heroes and Helpers program purchases. The minimum monthly Heroes and Helpers program purchase amount is $5, with no set maximum. If you elect to make a recurring purchases, you will be charged the monthly Heroes and Helpers Program purchase 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 purchase is modified or cancelled by you. Cancellations and modifications of Heroes and Helpers Program purchases are only effective prior to the date such purchases are charged to your account or credit card. Heroes and Helpers Program purchases that have been charged are final and may not be refunded or terminated retroactively. In order to cancel your upcoming Heroes and Helpers Program purchases, contact us at support@trails-end.com.

7.     SHIPMENT; DELIVERY

The products will be delivered within a reasonable time after the receipt and acceptance by Company of your order, subject to availability of products. For any pre-ordered products, such products will be delivered within a reasonable time after the products become available on the advertised date. Such advertised date may change at the sole discretion of Company. Company shall not be liable for any delays, loss, or damage in transit. Unless otherwise agreed in writing by the parties, Company shall deliver the products to your shipping address indicated on the order (the “Delivery Point”) using Company’s standard methods for packaging and shipping such products. You shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the products at the Delivery Point. Company may, in its sole discretion, without liability or penalty, make partial shipments of products to you. If for any reason you fail to accept delivery of any of the products on the date fixed pursuant to Company’s notice that the products have been delivered at the Delivery Point, or if Company is unable to deliver the products at the Delivery Point on such date because you have not provided appropriate instructions, documents, licenses or authorizations: (a) risk of loss to the products shall pass to you; (b) the products shall be deemed to have been delivered; and (c) Company, at its option, may store the products until you pick them up, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage, and insurance).

Company shall make delivery in accordance with the terms on the face of the order. Title and risk of loss passes to you upon delivery of the products at the Delivery Point.

8.     RETURNS AND REFUNDS

Company does not offer returns or refunds for purchase products, except for limited circumstances where the purchased products are damaged. In such circumstances, Company will provide a replacement product of the same quantity that was damaged. If such product is out of stock, Company will provide a separate product of your choosing that is of equal or lesser value. If the product is out of stock and you do not wish to order a different product of equal or lesser value, Company will provide a refund of the damaged product.  

9.     LIMITED WARRANTY AND DISCLAIMERS

PRODUCTS MANUFACTURED BY A THIRD PARTY (“THIRD PARTY GOODS”) MAY CONSTITUTE, CONTAIN, BE CONTAINED IN, INCORPORATED INTO, ATTACHED TO, OR PACKAGED TOGETHER WITH, PRODUCTS OFFERED BY COMPANY. ALL PRODUCTS OFFERED BY COMPANY (INCLUDING THIRD PARTY PRODUCTS) ARE PROVIDED “AS-IS” WITHOUT ANY WARRATY WHATSOEVER.  COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ITS PRODUCTS OR ANY THIRD-PARTY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. YOU AFFIRM THAT COMPANY SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

10.  LOCATION OF SERVICES 

The Company is located in the state of Indiana in the United States. We make no claims that the Website or any of its contents are accessible or appropriate in every jurisdiction. Access to the Website may not be legal by certain persons or in certain countries.

11.  FORCE MAJEURE

Company shall not be responsible nor deemed to be in default on account of delays in performance due to causes that are beyond our Company’s control and not occasioned by Company’s fault or negligence and which make Company’s performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work provided such cause is beyond Company’s reasonable control.

12.  LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, PRODUCTS, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE WEBSITE OR PLACING AN ORDER ON THE WEBSITE SUBJECT TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”

SOME  STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 

IN ANY CASE, COMPANY’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS AND CONDITIONS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE PRODUCTS OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

13.  INDEMNITY

You agree to defend, indemnify and hold harmless the Company and its affiliates, directors, officers, employees, and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of the Company Indemnitees arising out of or relating to (i) Your Content, (ii) your violation of these Terms and Conditions, (iii) your violation of any applicable laws, rules or regulations in connection with the Website or use of the products, (iv) your negligence or more culpable act or omission in connection with the performance of these Terms and Conditions; or (vi) any bodily injury, death of any third party or damage to real or tangible personal property caused by the negligent acts or omissions of you or your employees and agents.  You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of the Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Company reserves the right to assume the exclusive defense and control of any proceeding that relates to the Company, the Website or products, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Company in our defense thereof.

14.  TERMINATION AND RESTRICTION OF ACCESS

In its sole discretion, the Company may terminate or suspend your access to the Website for breach of these Terms and Conditions or for any reason whatsoever, with or without notice. The Company shall not be liable for any losses or damages arising from any such termination of service. Moreover, in addition to any remedies that may be provided under these Terms and Conditions, Company may terminate these Terms and Conditions with immediate effect upon written notice to you, if you: (a) fail to pay any amount when due under these Terms and Conditions and such failure continues for 15 days after your receipt of written notice of nonpayment; (b) have not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (c) become insolvent, files a petition for bankruptcy, or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

15.  DISPUTE RESOLUTION AND BINDING ARBITRATION

Purchasing of Products and Services.

YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Website. At Company's sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law.

16.  LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

17.  GOVERNING LAW & JURISDICTION

All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Indianapolis, Indiana in all disputes arising out of or relating to the use of the Website or the products purchased on the Website.

18.  ASSIGNMENT

You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions. The Company may assign these Terms and Conditions, in whole or in part, at any time.

19.  NO WAIVERS

The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

20.  CHANGES TO THESE TERMS AND CONDITIONS

The Company may update or change these Terms and Conditions from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms and Conditions. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).

21.  GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms and Conditions or use of the Website. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you. The Company’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. 

If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms and Conditions shall continue in effect.  Provisions of these Terms and Conditions which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms and Conditions.

These Terms and Conditions, including the Terms of Use, Privacy Policy, and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and Conditions and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

22.  COMPANY CONTACT INFORMATION

Questions can be directed to the Company at: support@trails-end.com.