TRAIL SUPPLY CO. LLC
TERMS OF SERVICE
The following provisions constitute the Terms of Service (the “Terms”) of Trail Supply Co. LLC, an Oregon limited liability company (the “Company”). By accessing, using, or downloading materials from the Company’s website, mobile applications, or blogs (collectively, the “Site”), you agree to these Terms and acknowledge that they are a legal agreement between you and the Company. If you disagree with these Terms, please do not access or use the Site or the Company’s services. The Company reserves the right to change these Terms at any time without prior notice.
1. Eligibility. The Company’s services are not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent that you are 18 years of age or older.
2. Registration for an Account. To use the services available on the Site, you will need to register for an account with the Company. You agree to provide true, accurate, current and complete information about yourself as prompted in the account registration process. You also agree to update your account information as needed to keep it current. The Company will use your account information to provide the services on the Site for which you have expressed interest. By registering for an account, you consent to receive electronic communications from the Company. Those communications may be sent by email, text message, or notices posted on the Site. If you provide any account information that is not accurate or current, or the Company has reasonable grounds to suspect that any of your account information is not accurate or current, the Company may suspend or terminate your account and refuse use of the Site to you.
3. Company Services. By registering for an account with the Company, you will be able to access or use the services offered by the Company. The Company’s services consist of the following: (a) you may access the resources on the Site in order to develop a strategy for the supplies you believe you will need for an intended long-distance hike (“Hike”); (b) you may order supplies for the Hike from the Company and arrange for those supplies to be delivered to you at your desired resupply locations and delivery dates; (c) you may provide your Hike itinerary to the Company and request that the Company plan the contents, resupply location, and delivery date for each shipment of supplies needed for the Hike and then send orders to you accordingly; and (d) you may edit the contents, resupply locations, and delivery dates of each order of supplies to be delivered by the Company, subject to Section 4 below. The Company will source all supplies from third-party vendors.
4. Payment and Billing. When you order supplies for a Hike from the Company, you will be required to provide a credit card to pay for the supplies and the Company’s services. Your credit card information will be saved and stored electronically by, and your credit card payments will be processed by, a third-party payment processor https://stripe.com/us/legal. You may update credit card information as needed. You authorize the Company to charge the last known valid credit card you have provided for each order placed. You may cancel or edit an order only until the date your credit card is charged for that order. Any cancellation or any edits submitted after that date will not be effective, and your credit card will be charged for the price of the order. If the charge to your credit card is declined for a particular order, the order will be cancelled and the Company will send notice of cancellation to you.
5. Pricing and Availability. When you place each order, the Company will indicate the estimated price of the order in U.S. dollars. This estimated price will also indicate the estimated shipping and handling charges for the order. Any applicable sales taxes will be in addition to the estimated price. The estimated price will be subject to change due to changes in third-party vendors’ prices, fluctuations in shipping charges, etc. In addition, all supplies are subject to availability. On the date your credit card is charged for each order, the Company will notify you of the contents and final price of the order. Please be advised that some resupply locations may charge an additional fee for pick-up of an order. You are responsible for determining which locations charge an additional fee and for paying that fee directly.
6. Inspection of Supplies; No Warranties. You are responsible for inspecting all supplies you receive from the Company for damage or other issues. THE COMPANY DOES NOT PROVIDE ANY WARRANTY FOR THE CONTENTS OF ANY ORDERS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CONTENTS OF ITS ORDERS. If the contents of any order are damaged, or if you are dissatisfied with them, you will need to contact the third-party vendors of the contents to arrange for a replacement or refund.
7. Returns and Refunds. If an order is not delivered on time due to Company error, the Company will refund your designated credit card for the price of the order. If a shipment does not contain all items ordered, the Company will refund your credit card only for the price of the missing item(s). If you fail to pick up an order from a designated resupply location or if an order is returned to the Company, the Company will not issue a refund for the unclaimed or returned order. If an order is returned to the Company you may request to have the order shipped to another location for an additional fee.
8. License. So long as you comply with these Terms, the Company grants you a nonexclusive, nontransferable, nonsublicensable license to access and use the Site and the Company’s services. Any use of the Site that is not authorized by these Terms is prohibited, and any such use will terminate this license. The Company may revoke this license at any time.
9. Third-Party Content; Nutrition Information. The Site may contain links to websites owned or controlled by third parties. It may also contain informational resources created by third parties that the Company is providing as a courtesy for educational purposes. The Company does not endorse or warrant the accuracy of the information contained in any such third-party websites or informational resources. The Company does not guarantee that your use of any such third-party websites or informational resources to create your own resupply strategy will be successful. The Company will not be liable for any damage or injury caused by your use of or reliance on the content contained in such third-party websites or information. The Company strongly advises you to read the terms, conditions, and privacy policies of any such third-party websites that you visit. The Site may also contain nutritional information about certain products for educational purposes. The Company does not guarantee the accuracy of any such information, as the actual nutritional specifications of these products may vary from those listed on the Site. The Company will not be liable for any damage or injury caused by your reliance on any nutritional information contained on the Site. You acknowledge that you are responsible for assuring that any food products you order from the Company comply with any dietary restrictions or food allergies that you have.
10. Gift Cards and Account Credits. The Company allows anyone to contribute to a user account in the form of an account credit. Account Credits are sometimes, but not always, displayed as and or referred to by the Company and on the Site as “Wallet Funds”, “Gift Cards”, “Account Balances” or “Contributions”. Account Credits and account balances can only be redeemed to purchase the services subject to Section 2 of these Terms and for orders placed on the Site all subject to section 5 of these Terms. ACCOUNT CREDITS CANNOT BE REDEEMED FOR CASH AND OR REFUNDED EXCEPT IN STATES WHERE REQUIRED BY LAW. Account Credits do not expire. Upon the creation of an account, anyone is able to contribute to an account. If a user does not want to receive donations to their account they must disable this feature manually on the Site.
11. Limitation of Liability. The Company will not be liable for any damage or injury you may incur as a result of the Company’s failure to deliver an order or any supplies ordered. The Company will not be liable for any damage or injury you may incur as a result of your use or reliance on the content provided by the Company on the Site. The Company will not be liable for any damage or injury to you that may result from the delivery of damaged or otherwise unusable supplies. If you plan your own resupply strategy, the Company will not be liable for any injury or harm you may incur as a result of that strategy.
12. Indemnification. To the extent permitted by law, you agree to indemnify and hold harmless the Company and its members, managers, employees, agents, and representatives from and against all claims, liabilities, damages, and costs arising from or related to: (a) your misuse of the Site or the Company’s services or (b) your violation of these Terms.
13. Copyright Infringement. The Company respects the intellectual property rights of others. Accordingly, the Company will respond to claims of copyright infringement in a timely manner. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements you believe are taking place on or through the Site using the Company’s contact form (https://www.resources.trailsupplyco.com/contact-us/) provided on the Site. On receipt of an alleged copyright infringement, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
14. Termination. You may terminate your account with the Company and cancel any pending orders (subject to Section 4) at any time by logging in to your account and following the instructions for termination. The Company may also terminate your account and any pending orders via electronic notice to you if you breach any of these Terms.
15. Governing Law; Venue. These Terms will be governed by, and will be enforced and interpreted in accordance with, Oregon law. Venue for any disputes regarding the enforceability or interpretation of these Terms will be exclusively in the state or federal courts located in Lane County, Oregon.
16. Attorneys’ Fees. If any legal proceeding is commenced to enforce or interpret any provision of these Terms, the prevailing party in the proceeding will be entitled to recover that party’s reasonable attorneys’ fees in the proceeding and on appeal, as well as the costs and disbursements allowed by law.
17. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, all other provisions will remain in full force and effect.
18. Waiver. No waiver of a right arising out of a breach of any provision of these Terms will be deemed a waiver of any right arising out of any other or subsequent breach of the same or any other provision or a waiver of the provision itself.
19. Entire Agreement. These Terms constitute the entire agreement between you and the Company with respect to the subject matter of these Terms and supersede all prior and contemporaneous agreements and understandings, written or oral, with respect to the subject matter of these Terms.