Terms of Use

Please read these Terms of Use (“Terms”) carefully before using the www.trailking.com website (the “Site”) operated by Trail King Industries, Inc. (“us”, “we”, or “our”).

Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site.

By accessing or using the Site you agree to be bound by these Terms and our Privacy Policy, available at www.trailking.com/privacy-policy. If you disagree with any part of these Terms or our Privacy Policy, then you do not have permission to, and you must not, access the Site.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us and our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site only for legitimate business purposes relating to being a current or potential customer, supplier dealer, or distributor of us. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download a reasonable number of copies of a reasonable number of pages of the Site for your own use and legitimate business purposes (as set forth above) and not for further reproduction, publication or distribution.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: marketing@trailking.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

The Trail King name, Trail King logo, and all related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors. You must not use such marks or trade dress without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Trail King Industries, Inc., its subsidiaries, affiliates and licensors (collectively, “Trail King”), or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of- service attack or a distributed denial-of- service attack.
• Otherwise attempt to interfere with the proper working of the Site.

Links To Other Web Sites

Our Site may contain links to third party web sites or services that are not owned or controlled by Trail King Industries, Inc.

These links are provided for your convenience only. Trail King has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites. We do not warrant the offerings of any of these entities or individuals or their websites. You acknowledge and agree that Trail King shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites that you visit, as your use of any third party website will be subject to the terms and conditions and privacy policy thereof.

Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Trail King Industries, Inc. and its licensees, licensors, subsidiaries and affiliates, and their respective employees, contractors, agents, owners, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, or b) a breach of these Terms.

The provisions of this “Indemnification” section will survive the termination of these Terms or discontinuation of the Site for any reason.

Limitation Of Liability

IN NO EVENT SHALL TRAIL KING INDUSTRIES, INC., ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OWNERS, AFFILIATES OR SERVICED PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

The provisions of this “Limitation Of Liability” section will survive the termination of these Terms or discontinuation of the Site for any reason.

Disclaimers

You understand that Trail King cannot and does not guarantee or warrant that files available for downloading from the Site or the internet will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TRAIL KING WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRAIL KING NOR ANY PERSON ASSOCIATED WITH TRAIL KING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER TRAIL KING NOR ANYONE ASSOCIATED WITH TRAIL KING REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TRAIL KING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law; Geographic Restrictions; Venue

These Terms shall be governed and construed in accordance with the laws of South Dakota, United States, without regard to its conflict of law provisions.

The owner of the Site is based in the state of South Dakota in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Dakota, in each case located in South Dakota, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The provisions of this “Governing Law; Geographic Restrictions; Venue” section will survive the termination of these Terms or discontinuation of the Site for any reason.

Changes

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree to the new terms, you are no longer authorized to use the Site.

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to- date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Waiver, Entire Agreement, Severability

Any failure by Trail King to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms constitute the entire agreement between us and you regarding our Site, and supersede and replace any and all prior agreements, representations and warranties, written or oral, between you and us with respect to regarding the Site.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms continue in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us.