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TRAIL’S END TERMS OF USE

Updated: June 18, 2019

  

 

I.                   WEBSITE TERMS OF USE

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 and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to be bound by these Terms, do not use our Services. “You,” and “your” refers to the users of our Services.

These terms do not apply to your use of any other 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 right, 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, 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.

  1. User Accounts

You must register an account and provide certain information about yourself to use the capabilities and features that are offered on www.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. You must notify us immediately of any unauthorized use of your account. We reserve the 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 does 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 the Sites or Services, you will not:

  • Harass, defame, intimidate or threaten another user;
  • Interfere with another user’s rights to privacy;
  • Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
  • Post any material that is obscene, offensive or indecent;
  • Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
  • Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
  • Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);
  • 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 Site 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);
  • Recruit or otherwise solicit any user to join third party services or websites that are competitive to Trail’s End, without Trail’s End’s prior written approval;
  • Use, display, mirror, or frame the Sites or any individual element within the Sites or 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;
  • Access, tamper with, or use non-public areas of the Sites, Trail’s End’s computer systems, or the technical delivery systems of Trail’s End’s providers;
  • Attempt to probe, scan, or test the vulnerability of any Trail’s End system or network or breach any security or authentication measures;
  • 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 Sites or Services; or
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Sites or Services.

You must at all times use the Sites and 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 or Sites; 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 Sites and 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.

  1. 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 Site. 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, you agree to receive certain email communications in connection with your or your unit’s online fundraiser. 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 (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.

SMS (TEXT MESSAGING)

Trail’s End Marketing SMS (Text Messaging) Program:

Subscribers who have opted-in, via the www.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.

Msg&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 888.997.3897. https://www.trails-end.com/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.

 

  1. 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 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, 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 social webpages or websites.

 

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. 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 Scouts 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. Trail’s End grants to you a non-exclusive, non-transferable, 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 the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and acknowledge that these Terms will apply to all such upgrades. 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”):

  • You acknowledge that these Terms are only between you and Trail’s End, and not with Apple, Inc. (“Apple”).
  • Your use of Trail’s End’s iOS App must comply with Apple’s then-current App Store Terms of Service.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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).
  • 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”):

  • You acknowledge that these Terms are between you and Trail’s End only, and not with Google, Inc. (“Google”).
  • Your use of the Trail’s End Android App must comply with Google’s then-current Android Market Terms of Service.
  • 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.
  • You acknowledge that Google is a third-party beneficiary to the Terms as they relate to Trail’s End’s Android App.

III.             PAYMENT PROCESSING TERMS

  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 that we have entered into certain agreements, including the 2019 Executive Summary and Payment Terms Addendum, with the 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.

  1. 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 Participating Units to consumers. Participating Units will have the option to make sales through the Trail’s End mobile application (the “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”).  Council will have the sole discretion to approve Participating Units’ admission into the Trail’s End system and to accept or reject or orders for Popcorn. Participating Units and your Council shall also be responsible for maintaining your billing records.

  1. Credit Sales.
  2. The amounts received by us from Credit Sales shall be applied as credits against the amounts owed by Participating Units to their Council(s) until such obligation is paid in full. The amounts received by us and applied as credits against Participating Units’ obligations to their Council(s) shall become amounts payable by us to Council(s), and applied as credits against the amounts owed by Participating Units’ Council(s) to us until the Councils’ obligations to us are paid in full;
  3. The amounts credited for Application Sales will be equal to the full amount received by us for such Application Sale. The amounts credited for Website Sales will be equal to the commissions owed to Participating Units and their Council(s) for such Website Sale;
  4. Participating Units acknowledge that we have the right at any time to setoff any amounts it owes to Participating Units’ Council(s) against any amount payable by such Council(s) to us;
  5. After a Participating Unit’s balance in our system shows that the Participating Unit longer owes any amount to the Participating Unit’s Council, the Participating Unit, as specified by us, shall have the option to request payment of amounts received by us from Credit Sales on the 14th or 28th day of each month, or the next business day thereafter. If the Participating Unit chooses not to request such payment, we may retain funds as a credit balance until the Participating Unit (i) makes a request for payment or (ii) have, once again, a balance owing to such Participating Unit’s Council from additional Popcorn purchases.
  6. We shall not be obligated to make payment to a Participating Unit at any time our system shows an amount owing by the Participating Unit to a Council. We shall have no liability to the Participating Unit or to the Participating Unit’s Council if the relevant Council mistakenly provides information to us that the Participating Unit longer owes the relevant Council and we make a payment to the Participating Unit.
  7. Trail’s End shall be the seller of record for all Website Sales, but the Participating Unit or relevant Council shall be deemed the seller of record for all Application Sales.
  8. Cash Sales.

Participating Unit hereby acknowledges that Participating Unit’s Council will be obligated to promptly account to us for any amounts collected by Participating Unit and paid to Participating Unit’s  Councils upon the terms agreed upon by Participating Unit and the relevant Council related to any Cash Sales, and we shall include on our system the Cash Sales reported to us when calculating the amounts owed between the us, the relevant Council, and Participating Unit.

  1. Method of Payment.

      All payments made by us to Participating Units shall be in US dollars and made by check or electronic transfer.

 

IV.             PRIZE PROGRAMS

  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”) and the Mount Adventure Prize Program (the “Mount Adventure Program”, collectively, with the TE Rewards Program, the “Prize Programs”). We are pleased to provide the Prize Programs to individual, participating Scouts (“Prize Program Scouts”). Scout Units and multiple Scouts who share one (1) account are not eligible to participate in the Prize Programs will be required to forfeit all prizes. This Section IV contains the Terms 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).

  1. Trail’s End Rewards Program.

The TE Rewards Program provides certain incentives related to your product sales to support Scouting. Depending on the Prize Program Scout’s council, the Prize Program Scout may eligible to participate in the TE Rewards Program once individual sales reach $350 or $1500. Prize Program Scouts will be rewarded with Amazon.com Gift Cards based on meeting certain sales levels as provided by Trail’s End. Prize Program Scouts must have a registered account with Trail’s End to redeem your Amazon.com Gift Card. In addition, Prize Program Scouts’ Units must submit the order for the Amazon.com Gift Card to confirm the relevant sales levels. The TE Rewards program is intended to incentive Scouts for individual sales. Adjusting sales from one Scout to another, or combining sales between Scouts for the purpose of maximizing the Amazon.com Gift Card value earned for a Scout is prohibited. Prize Program Scouts will have until the end of the calendar year following the Sales Year to claim 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 during the 2019 Sales Year, the Prize Program Scout will have until December 31, 2020 to redeem the Amazon.com Gift Card.

  1. Mount Adventure Online Prize Program.

The Mount Adventure Program will take place from August 5th to November 3rd of the Sales Year and provides certain incentives related to product sales to support Scouting. For every $100 a Prize Program Scout sells through the Trail’s End App or through Trails-End.com during a single week, the Prize Program Scout will receive one (1) entry to that week’s Mount Adventure Program. Trail’s End will randomly select winners from all of the Scout entries for that week’s drawing. Each week, Trail’s End will award (a) 1 Visa gift card “$2,500 Vacation Wins” and (b) 1,750 Amazon.com gift cards “$10 Instant Wins”.

  • Prize Program Scouts must have registered an account with Trail’s End to redeem an Amazon.com gift card. Prize Program Scouts will have until the end of the calendar year following the Sales Year to claim $10 Instant Wins. For the avoidance of doubt, if the Prize Program Scout’s Unit submits an order for the 2019 Sales Year, the Prize Program Scout will have until December 31, 2020 to redeem the Amazon.com gift card.
  • For $2,500 Vacation Wins, winners will be contacted by Trail’s End via the e-mail assigned to the winner’s Trail’s End Account. The winner will have twenty-four (24) hours to respond to Trail’s End. Once a response is received by Trail’s End, Trail’s End will request that the winner complete a W9, which Trail’s End needs to issue a Form 1099-MISC. The winner will have seventy-two (72) hours to complete the W9 and send it to Trail’s End. If all required information is received by Trail’s End, Trail’s End will mail the Visa gift card to winners of the $2,500 Vacation Wins. Signature will be required upon delivery.
  1. 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.

  1. 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://www.trails-end.com/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.

  1. 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.

  1. 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.

  1. Sales Year.

The Sales Year (and any subsequent Sales Year(s)) will run from January 1 through December 31 each calendar year unless otherwise changed in the sole and absolute discretion of Trail’s End.

  1. 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. 

  1. Disclaimer of Warranties.

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 the Prize Program Scout or about the Prize Program Scout 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 the Prize Program Scout will achieve successful results from following any instructions, directions or recommendations provided by us.

  1. 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) Prize Program Scout’s  use of the Prize Programs or inability to use the site; (ii) 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 Prize Programs; and (iii) damage to Prize Program Scouts’  hardware resulting from use of the services.  If a Prize Program Scout is dissatisfied with us, the services or these terms, Prize Program Scout’s sole and exclusive remedy is to discontinue participating in the Prize Programs.  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 extent permitted by law.

We are not liable for any personal injury, including death, attributable to or caused by Prize Program Scout’s use or misuse of the Prize Programs. 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.

  1. Indemnification.

Prize Program Scout shall defend, indemnify, and hold us and our employees, 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) Prize Program Scout’s your participation in or misuse of the Prize Programs; (ii) Prize Program Scout’s breach of these Terms; or (iii) Prize Program Scout’s  breach of any law or the rights of a third party.  We reserve the right, at our own expense, to (a) assume the exclusive defense and control of any matter otherwise subject to indemnification by a Prize Program Scout, or (b) participate in the defense with counsel of our own choosing and at our own expense; and in both such cases, Prize Program Scout will cooperate with us in asserting any available defenses.

  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 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 Prize Program Scout submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.  Prize Program Scout waives any objection such Prize Program Scout may now or hereafter have with respect to venue or to convenience of such forum.

  1. Integration and Severability.

The Terms constitute the entire agreement between Prize Program Scout and us with respect to the Prize Programs and supersede all prior or contemporaneous communications and proposals with respect to the Prize Programs.  If any provision of these Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

  1. 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.

  1. Termination, Program Changes.

We may terminate the Prize Programs and/or change the Prize Program’s terms and conditions at any time, in our sole discretion.

  1. Questions.

For questions related to these Terms or the Prize Programs, please email us at Support@Trails-End.com.