TERMS & CONDITIONS
This website is operated by Trail Otter, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Trail Otter, LLC. Trail Otter, LLC offers this website, including all information, tools, services, and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and certain interactions with us, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content or comments.
Please read these Terms of Service carefully before accessing or using our website for any purpose. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of this agreement, then you may not access the website or purchase any products.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
All content included on this website, such as text, graphics, logos, button icons, images, videos, audio clips and software is the property of Trail Otter, LLC or its suppliers and is protected by U.S. and International copyright laws. All trademarks, service marks, and trade names are property of Trail Otter, LLC. All other trademarks not owned by us that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Any unauthorized use of the materials appearing on this website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. All software used on this website is the property of us or our software suppliers and is protected by U.S. and International copyright laws and may not be reproduced, modified, distributed, transmitted, or republished.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You can review the most current version of the Terms of Service at any time on this page.
Our store is hosted on Rain Retail Software Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
All products annotated as such are currently Patent Pending or under Patent. Other products offered on the website might be covered under U.S. and International patent protection. Please refer to product packaging and manufacture data for additional patent information.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. You must not transmit any worms or viruses or any code of a destructive nature. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
Certain content, products and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the website for indefinite periods of time or cancel the website at any time, without notice to you
ACCURACY AND MODIFICATION
There may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to modify any website content including photographs, videos, information, or specifications without notice at any time. Further, we reserve the right at any time to modify product or service features, materials, or capabilities, or discontinue any product or service without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products or services.
ORDER PROCESSING AND TERMS
By placing an order at our website, you warrant that you are at least 18 years old and accept these terms & conditions which shall apply to all orders placed or to be placed at our website for the sale and supply of any products or services. This website site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
As stated above, information on this website may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.
Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order (or part of your order) is cancelled, you will receive a refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and adjust your invoice accordingly. We may require additional verifications or information before accepting any order. Once you have placed an order, you have entered into a contract to purchase and your credit card will be charged immediately. Orders DO NOT always ship the same day. If you need priority delivery, please contact us for immediate attention. We make every effort to maintain the availability of our website, however, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
You represent and warrant that: (i) the credit card, shipping and contact information you supply to us is true, correct and complete at least through completion of order fulfillment; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States currency. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price (including taxes and additional charges) has been paid. Payment must be received by us prior to our acceptance of an order, unless otherwise agreed by us in writing. Prices and shipping cost are subject to change anytime because of exchange rates, changes in shipping costs, manufacturer price changes and other extenuating circumstances.
SHIPPING AND DELIVERY
At this time, we ship merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, we ship merchandise to Canada, but not to other international locations. The risk of loss and title for all merchandise ordered on this website passes to you when the merchandise is delivered to the shipping carrier.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
This website charges sales tax for merchandise ordered on this website based on the applicable state sales tax laws and rates, and the location to which the order is being shipped.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You expressly agree that your use of, or inability to use, the website is at your sole risk.
Some of the content included in this website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this website. We make no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the website or its content, or the suitability, functionality, or operation of this website or its content. By using this website, you assume the risk that the content on this website may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
The information and content on this website is provided "as is" with no warranty of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Any warranty that is provided in connection with any of the resale products or services described on this website are provided by the advertiser or manufacturer only, and not by us.
The references and descriptions of products or services within the website materials are provided "as is" without any warranty of any kind, either express or implied. We are not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this website or of any of the products or services described hereon.
For any third-party products, the descriptions of, and references to, products, services and companies on this website are the sole responsibility of the companies providing the information ("advertisers"), and not us.
The inclusion of material on this website does not imply any endorsement by us and we make no warranty of any kind with respect to the subject matter of the website materials advertised or website content.
A possibility exists that the website materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although we try to ensure the integrity and the accurateness of the website materials, we make no guarantees about their correctness or accuracy. Before relying on any representation made in any of the website materials, ensure that the information you are relying upon is correct.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
LIMITATION OF LIABILITY
In no case shall TRAIL OTTER, LLC, our members, officers, employees, affiliates, agents, contractors, interns, suppliers, landowners, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, including attorneys' fees, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Trail Otter LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
PRODUCT AND SERVICE CONDITIONS OF USE
By purchasing products or services from this site, you agree to hold harmless Trail Otter, LLC from any and all liability, lawsuits, claims, judgments, attorneys' fees and costs of every nature, including injury or death, arising out of the use of any product obtained from us, however caused, except claims or litigation arising through the sole negligence or willful misconduct of Trail Otter, LLC.
GOVERNING LAW AND STATUTE OF LIMITATIONS
This website is controlled by us from our location within the State of New York, USA. As each location has laws that may differ from those of New York, by accessing this site, both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this website and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the United States District Court Western District - Rochester NY with respect to such matters. Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
All notices from us to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices from you to us shall be made either by regular mail, sent to the address we provide on our website, or first class mail to our address at: 134 Main Street, Leicester, NY 14481, United States.
Events outside our control, which are not reasonably foreseeable, shall be considered force majeure, meaning that we are released from their obligations to fulfill contractual agreements. Examples of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market and products negatively, for example, restrictions, warnings, bans, etc.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Questions about the Terms of Service should be sent to us at email@example.com.