Dealer Program Agreement

TRAIL’D “BUILT FOR BEYOND” DEALER AGREEMENT

THESE TERMS AND CONDITIONS FOR DEALER AGREEMENTS ARE INCORPORATED BY REFERENCE INTO EACH DEALER AGREEMENT AND CONSTITUTE A PART OF EACH DEALER AGREEMENT AS A BINDING LEGAL AGREEMENT ENTERED INTO BY AND BETWEEN DEALER AND TRAILED, LLC (“TRAIL’D”). EACH PARTY IS SOMETIMES ALSO REFERRED TO AS “PARTY” AND COLLECTIVELY AS “PARTIES”. THESE STANDARD TERMS AND CONDITIONS ARE LOCATED AT HTTPS://WWW.TRAILEDONLINE.COM AS MAY BE MODIFIED OR AMENDED BY TRAILED AT ANY TIME AND FROM TIME TO TIME IN TRAIL’D SOLE DISCRETION. ANY MODIFICATIONS OR AMENDMENTS TO THESE STANDARD TERMS AND CONDITIONS WILL BE EFFECTIVE THIRTY (30) DAYS AFTER POSTING TO THE EXTRANET AT THE ABOVE-INDICATED URL. TRAIL’D WILL PROVIDE DEALERS WITH NOT LESS THAN THIRTY (30) DAYS NOTICE OF THE EFFECTIVE DATE OF ANY SUCH MODIFICATIONS OR AMENDMENTS THAT WOULD CHANGE THE TERMS AND CONDITIONS OF DEALER’S PARTICIPATION IN ANY PROGRAM IN WHICH DEALER PARTICIPATES AT THE TIME A MODIFICATION OR AMENDMENT IS POSTED.

OVERVIEW

Trail’d is engaged in the manufacture, sale and distribution of certain overlanding products and desires to establish a business relationship with a party (“Dealer”) to further the sale of certain overlanding products in the territory defined herein; and Dealer desires to sell certain overlanding products as defined herein.

1. DEFINITIONS

“Dealer Program” means the then-current, applicable Dealer Program, executed by both Parties, that sets forth the specifications and requirements for Dealers to participate in the Trail’d dealership program.

“Intellectual Property Right(s)” means all present and future worldwide rights in any copyrights, trademarks, trade secrets, patents, patent applications, and any mask work rights, moral rights, contract rights, and other proprietary rights recognized by the laws of any country.

“Orders” means purchase orders for Product submitted by Dealer to Trail’d under the terms of this Agreement.

“Products” means Trail’d products authorized for resale, as identified in the Dealer Program.

“Territory” means the geographical area specified in the Dealer Program, within which the Dealer is authorized to sell Products.

“Trail’d Marks” means the trademarks, trade names, and logos of Trail’d, as provided to Dealer by Trail’d in connection with Dealer’s use and promotion of the Products hereunder.

2. APPOINTMENT

Trail’d hereby appoints Dealer as a non-exclusive Dealer in the territory for the sale of products as further defined in the Dealer Program. Dealer hereby accepts such appointment in accordance with the terms and conditions set forth in this Agreement.

3. TRAIL’D RESPONSIBILITIES

3.1 Trail’d will sell Products to the Dealer, and the Dealer will purchase Products from Trail’d, according to the terms and conditions of this Agreement and at the price set forth in this Agreement; provided, however, that nothing in this Agreement will be interpreted as imposing an obligation on Trail’d to accept any given Order from Dealer.

3.2 Trail’d reserves the right to appoint other dealers in the Territory for the Products.

3.3 Trail’d reserves the right to sell and deliver Products directly to any party in the Territory.

4. DEALER RESPONSIBILITIES

Dealer, in its own name and on its own account, will use all reasonable means to effectively promote the sale of the Products in the Territory. These means include, but are not limited to:

4.1 Diligently and faithfully solicitating orders for the Products within the Territory.

4.2 Purchasing from Trail’d all requirements for Products.

4.3 Participating by mutual agreement in any advertising program.

4.4 Complying with all applicable laws and regulations and refraining from any unethical conduct or any other conduct that may damage the reputation of Trail’d.

4.5 Complying at all times with the Trail’d Minimum Advertised Price Policy.

4.6 Complying at all times with the Dealer Program.

4.7 Not appointing any sub-dealers, agents, and/or sales representatives in the Territory to sell Products, without the prior written consent of Trail’d.

4.8 Maintaining commercial property, casualty, and liability insurance in amounts customary for businesses operating in Dealer’s industry.

5. PAYMENT

5.1 Fees. Dealer shall be responsible for collecting payment for each sale made by Dealer to a party. Dealer shall pay Trail’d in accordance with the terms set forth in the Dealer Program.

6. CONFIDENTIALITY

6.1 Confidential Information. Each party (the “Disclosing Party”) may from time to time during the term of this Agreement disclose to the other party (the “Receiving Party”) certain information regarding the Disclosing Party’s business, including technical, marketing, financial, employee, planning, and other confidential or proprietary information (“Confidential Information”). The Disclosing Party will mark all Confidential Information in tangible form as “confidential” or “proprietary” or with a similar legend. The Disclosing Party will identify all Confidential Information disclosed orally as confidential at the time of disclosure. Regardless of whether so marked or identified, however, any information that the Receiving Party knew or should have known, under the circumstances, was considered confidential or proprietary by the Disclosing Party, will be considered Confidential Information of the Disclosing Party.

6.2 Protection of Confidential Information. The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care.

6.3 Exceptions. The Receiving Party’s obligations under the subsection titled Protection of Confidential Information with respect to any Confidential Information of the Disclosing Party will terminate if the Receiving Party can document that such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) was disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) was independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order or a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure.

6.4 Return of Confidential Information. The Receiving Party will return to the Disclosing Party all Confidential Information of the Disclosing Party in the Receiving Party’s possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the written request of the Disclosing Party or the expiration or termination of this Agreement, whichever comes first. At the Disclosing Party’s request, the Receiving Party will certify in writing signed by an officer of the Receiving Party that it has fully complied with its obligations under this subsection.

6.5 Confidentiality of Agreement. Neither party will disclose any terms of this Agreement to anyone other than its attorneys, accountants, and other professional advisors under a duty of confidentiality except (a) as required by law or (b) pursuant to a mutually agreeable press release or (c) in connection with a proposed merger, financing, or sale of such party’s business (provided that any third party to whom the terms of this Agreement are to be disclosed signs a confidentiality agreement with terms no less restrictive than in this Agreement).

7. TRADEMARK LICENSE

Subject to the terms and conditions of this Agreement, Trail’d grants to Dealer a non-exclusive, non-transferable (except as permitted under the subsection titled Assignment), revocable, royalty-free license (without the right to grant sublicenses) to use and reproduce the Trail’d Marks solely in connection with marketing the Products. Dealer agrees to state in appropriate places on all materials using the Trail’d Marks that the Trail’d Marks are trademarks of Trail’d and to include the symbol ^™ or ® as appropriate. Trail’d grants no rights in the Trail’d Marks other than those expressly granted in this subsection. Dealer acknowledges Trail’d is the exclusive ownership of the Trail’d Marks. Dealer agrees not to take any action inconsistent with such ownership and to cooperate, at Trail’d request and expense, in any action (including the conduct of legal proceedings) which Trail’d deems necessary or desirable to establish or preserve Trail’d exclusive rights in and to the Trail’d Marks. Dealer will not adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the Trail’d Marks or in such a way as to create combination marks with the Trail’d Marks. Dealer will provide Trail’d with samples of all products and materials that contain the Trail’d Marks prior to their use, distribution, or display for Trail’d quality assurance purposes and will obtain Trail’d written approval prior to such initial form of use, distribution, or display. At Trail’d request, Dealer will modify or discontinue any use of the Trail’d Marks if Trail’d determines that such use does not comply with Trail’d then-current trademark usage guidelines and other policies.

8. WARRANTIES

8.1 Warranties by Both Parties. Each party warrants that it has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on such party’s behalf has been duly authorized and empowered to enter into this Agreement.

8.2 Trail’d Warranty. TRAIL’D MAKES NO WARRANTY, REPRESENTATION OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS PURCHASED, INCLUDING (I) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USEFULNESS, QUALITY OR TIMELINESS AND (II) 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.

WITH RESPECT TO ANY DEFECTIVE PRODUCTS, TRAIL’D SHALL, IN ITS SOLE DISCRETION, EITHER: (I) REPAIR OR REPLACE SUCH PRODUCTS OR THE DEFECTIVE PART OR (II) CREDIT TO YOU STORE CREDIT IN THE AMOUNT PAID BY YOU FOR SUCH PRODUCTS, LESS ANY ORIGINAL SHIPPING AND HANDLING COSTS INCURRED BY US, PROVIDED THAT (I) YOU SHALL PROVIDE WRITTEN NOTICE TO US OF THE DEFECTIVE WITHIN THIRTY (30) DAYS OF DELIVERY OF THE PRODUCT AND, AT YOUR EXPENSE, RETURN SUCH PRODUCTS TO TRAIL’D; (II) TRAIL’D VERIFIES THE CLAIM THAT THE PRODUCTS ARE DEFECTIVE; AND (III) FOR PRODUCTS THAT TRAIL’D DECIDES TO REPAIR OR REPLACE, DEALER PAYS FOR ALL SHIPPING AND HANDLING CHARGES, FEES, CUSTOMS, DUTIES, TAXES AND ANY OTHER CHARGES ASSOCIATED WITH SHIPPING THE REPAIRED OR REPLACED ITEMS BACK TO DEALER.

THE REMEDIES SET FORTH IN SECTION 8.2 SHALL BE DEALER’S SOLE AND EXCLUSIVE REMEDY AND TRAIL’D ENTIRE LIABILITY.

Except as set forth in Section 8.2, Products are provided “as is” and “as available” without warranties of any kind, either express or implied.

8.3 Dealer’s Warranty. Dealer will not make or publish any false or misleading representations, warranties, or guarantees on behalf of Trail’d or its suppliers concerning the Products that are inconsistent with any warranties made by Trail’d concerning the Product.

9. INDEMNIFICATION

9.1 Indemnification by Dealer. Dealer agrees to defend, indemnify and hold harmless Trail’d from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties (including any Authorized Organization or Authorized User) resulting from or relating to:

a. any representations, warranties, guarantees, or other written or oral statements made by or on behalf of Dealer relating to the Products other than as authorized by Trail’d in writing;
b. any claim alleging that the Dealer products, Dealer trademarks or any other products or services marketed and distributed by Dealer (aside from the Trail’d Products) infringes or misappropriates any intellectual property right or other right of a third party; or
c. any claim based on the action or inaction of Dealer or any of its agents, contractors or employees in its performance under this Agreement, unless specifically authorized in this Agreement.

Dealer’s obligations under this subsection are subject to the conditions that Trail’d give Dealer prompt written notice of any such claim, allow Dealer to control the defense and settlement of the claim, and cooperate with Dealer, at Dealer’s reasonable request and expense, in defending or settling the claim.

9.2 Indemnification by Trail’d. Trail’d agrees to defend, indemnify and hold harmless Dealer from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties alleging that the Products, or Trail’d Marks infringes or misappropriates any intellectual property right of a third party. The foregoing obligations are conditioned on Dealer notifying Trail’d promptly in writing of such action, Dealer giving Trail’d sole control of the defense thereof and any related settlement negotiations, and Dealer cooperating and, at Trail’d reasonable request and expense, assisting in such defense. In addition, if the Products become, or in Trail’d opinion are likely to become, the subject of an infringement claim, Trail’d may, at its option and expense, either (a) procure for Dealer the right to continue exercising the rights licensed to Dealer in this Agreement; (b) replace or modify the Products so that they become non-infringing and remain functionally equivalent; or (c) if Trail’d determines that neither of the alternatives in (a) or (b) is feasible, terminate this Agreement by written notice to Dealer, in accordance with the subsection titled Notices. Notwithstanding the foregoing, Trail’d will have no obligation under this subsection or otherwise with respect to any infringement claim based upon (i) any unauthorized use, reproduction, or distribution of the Products; (ii) any use of the Products in combination with other products or equipment not supplied by Trail’d; or (iii) any modification of the Products by any person other than Trail’d or its authorized agents or contractors. This subsection states Trail’d entire liability and Dealer’s sole and exclusive remedy for infringement claims and actions.

10. LIMITATION OF LIABILITY

In no event will either Party be liable for any consequential, indirect, exemplary, punitive, special or incidental damages, including any loss of use, revenues or profits, arising from or relating to this Agreement. Except as set forth in the subsection titled Indemnification, each Party’s total cumulative liability in connection with this Agreement and the Products, whether in contract or tort or otherwise, will not exceed the amount of fees paid to Trail’d by Dealer under this Agreement in the previous twelve (12) months.

11. OWNERSHIP

The Products, and all worldwide Intellectual Property Rights therein, are the exclusive property of Trail’d. All rights in and to the Products not expressly granted to Dealer in this Agreement are reserved by Trail’d.

12. TERM AND TERMINATION

12.1 Term. Unless earlier terminated pursuant to the subsection titled Termination, the term of this Agreement will begin on the Effective Date and will continue for the period listed below (“Initial Term”). Upon the expiration of the Initial Term, this Agreement shall automatically be renewed for additional periods listed below (each a “Renewal Term”) unless otherwise elected by either party by providing written notice in accordance with the terms of the section titled “Termination” below. The Initial Term and any Renewal Terms are collectively referred to as the “Term”.

Initial Term. The Initial Term of this Agreement Shall Be: One (1) year.

Renewal Term. Each Renewal Term of this Agreement Shall be: One (1) year.

12.2 Termination. This Agreement may be terminated (a) by either party at any time with or without cause for its convenience, effective upon sixty (60) days’ notice to the other party; or (b) by either party (the “Non-breaching Party”), effective immediately upon written notice to the other party (the “Breaching Party”), if the Breaching Party breaches any provision of this Agreement and does not cure the breach within thirty (30) days after receiving written notice thereof from the Non-breaching Party. Either party may also terminate this Agreement if the other party makes an assignment for the benefit of creditors, or if any bankruptcy, reorganization, debt arrangement or other proceeding under any bankruptcy or insolvency law is initiated by the other party, or is initiated against it and not dismissed within sixty (60) days, or if the other party ceases to be actively engaged in business.

12.3 Effects of Termination.

Upon termination or expiration of this Agreement for any reason, any amounts owed to Trail’d under this Agreement before such termination or expiration will be immediately due and payable, all licensed rights granted in this Agreement will immediately cease to exist, and Dealer must promptly discontinue all further use of the Trail’d Marks and all further use and sale of the Products.

13. GENERAL

13.1 Survival. Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees including, without limitation, Sections 5, 6, 9 through 13.

13.2 Electronic Signatures. The parties agree that electronic signatures on this Agreement and/or future agreements between the parties will be given the full legal weight of a written or signed document, including for validity, enforceability, and admissibility.

13.3 Governing Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Arizona, without giving effect to any conflicts of laws principles that require the application of the law of a different state. The UN Convention for the International Sale of Goods (CIGS), INCOTERMS, and the Uniform Computer Information Transactions Act or the documents related thereto will not apply. The Parties consent to the exclusive and sole jurisdiction of the state and federal court located in Maricopa County, Arizona with respect to all litigation Disputes among the parties. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. It is by the express intention of the parties hereto that the Agreement and all its related documents be drafted and interpreted in English. Neither Party shall be liable to the other Party for any dispute brought more than one (1) year after the delivery date of the product.

13.4 Export. Dealer agrees not to export, reexport, or transfer, directly or indirectly, any United States technical data acquired from Trail’d, or any products utilizing such data, in violation of the United States export laws or regulations.

13.5 Ethics. It is the intention of the Parties that business conducted under this Agreement will be performed in adherence to the highest ethical standards. Any deviations from such standards will be cause for immediate termination of the Agreement.

13.6 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Without limiting the generality of the foregoing, Dealer agrees that the section titled Limitation of Liability will remain in effect notwithstanding the unenforceability of any provision.

13.7 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

13.8 Remedies. Except as provided in the sections titled Warranties and Indemnification, the Parties’ rights and remedies under this Agreement are cumulative. Dealer acknowledges that the Products contain valuable trade secrets and proprietary information of Trail’d, that any actual or threatened breach of the sections and subsections titled Trademark License or Confidentiality or any other breach of its obligations with respect to Intellectual Property Rights of Trail’d will constitute immediate, irreparable harm to Trail’d for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. Trail’d may seek immediate injunctive relief without the requirement of posting bond. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive.

13.9 Assignment. This Agreement, and Dealer’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by Dealer without Trail’d’s prior written consent. Trail’d may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other transaction resulting in a change of control, without consent of Dealer. Except as permitted in this Section, any attempted assignment or delegation without the other party’s prior written consent will be void and of no effect.

13.10 Force Majeure. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

13.11 Independent Contractors. Dealer’s relationship to Trail’d is that of an independent contractor, and neither party is an agent or partner of the other. Dealer will not have and will not represent to any third party that it has, any authority to act on behalf of Trail’d.

13.12 Notices. Each party must deliver all notices or other communications required or permitted under this Agreement in writing to the other party at the address listed below by personal delivery, by certified or registered mail (postage prepaid and return receipt requested), or by a nationally-recognized express mail service. Notice by personal delivery will be effective upon receipt or refusal of delivery. If delivered by certified or registered mail, any such notice will be considered to have been given five (5) business days after it was mailed, as evidenced by the postmark. If delivered by courier or express mail service, any such notice shall be considered to have been given on the delivery date reflected by the courier or express mail service receipt. Each party may change its address for receipt of notice by giving notice of such change to the other party.

13.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.

13.14 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed by both parties.

By becoming an authorized Trail’d Dealer, you acknowledge that you have read and agree to these terms and conditions. If you have any questions, please don’t hesitate to contact us.

At Trailed, LLC, we strive to get your orders to you as quickly as possible. Here is an overview of our shipping policy:

Shipping Schedule

Next Business Day
Orders placed before 12 p.m. Pacific Standard Time (PST) will be shipped the next business day.

Shipping & Handling Rates

Shipping and handling rates are calculated per product quantity in your order and determined by the shipping option and destination you choose at checkout.

Contiguous US

Tanks: Free
Mounting Rings
- $9.99
- Free shipping when purchased with a tank

Alaska, US

Boondocker 14-gallon Tank: $99.00
Spare 6-gallon Tank: $75.00
Mounting Rings
- $10.99
- Free shipping when purchased with a tank

Hawaii, US

Boondocker 14-gallon Tank: $99.00
Spare 6-gallon Tank: $80.00
Mounting Rings
- $10.99
- Free shipping when purchased with a tank

Canada

Tanks: $70.00
Mounting Rings
- Free shipping when purchased with a tank
- Not deliverable if bought separately

Australia

Boondocker 14-gallon Tank: $429.00
Spare 6-gallon Tank: $275.00
Mounting Rings
- Free shipping when purchased with a tank
- Not deliverable if bought separately

United Arab Emirates

Boondocker 14-gallon Tank: $299.00
Spare 6-gallon Tank: $199.00
Mounting Rings
- Free shipping when purchased with a tank
- Not deliverable if bought separately

The Rest of the World: We are actively working to add more countries to our shipping destinations.

International Orders: Please note that international orders may be subject to additional fees, such as duties and taxes, which are the responsibility of the customer.

Delivery Times: Delivery times will vary depending on the shipping option you choose and the location of your order. For further details on delivery times, please contact us through our Customer Support page.

Tracking: Once your order has shipped, we will provide you with a tracking number. You can track your order on the carrier's website or by contacting the carrier directly.

Returns and Exchanges: If you need to return or exchange an order, please see our Returns and Exchanges policy for more information.

Need help? If you have any questions about our shipping policy, please contact us through our Customer Support page.

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To keep your Trail’d ‘Spare’ Water Tank functioning at its best, be sure to follow these safety and maintenance guidelines.

Before using your tank, make sure to rinse it thoroughly and allow it to dry fully to remove any debris.
To ensure that your tank does not leak or become loose due to vibration, be sure to check the seal and gasket regularly to make sure they are correctly installed.
Remember to vent the tank once per day if the elevation or temperature changes significantly to prevent any issues.
The weight of a stock tire hoist may not be sufficient to safely support the additional weight of our tanks. Please consult your vehicle's manual or a professional installer to ensure compatibility and safe installation.
These tanks are not certified by the EPA for fuel storage and using them for this purpose will void all warranty and return claims.
Using any liquid other than water in the tank may make it unsafe for storing drinking water. Avoid cross-contamination by using the same liquid throughout the tank's lifespan.

TRAIL’D “BUILT FOR BEYOND” DEALER AGREEMENT

OVERVIEW

1. DEFINITIONS

“Orders” means purchase orders for Product submitted by Dealer to Trail’d under the terms of this Agreement.

“Products” means Trail’d products authorized for resale, as identified in the Dealer Program.

“Territory” means the geographical area specified in the Dealer Program, within which the Dealer is authorized to sell Products.

“Trail’d Marks” means the trademarks, trade names, and logos of Trail’d, as provided to Dealer by Trail’d in connection with Dealer’s use and promotion of the Products hereunder.

2. APPOINTMENT

3. TRAIL’D RESPONSIBILITIES

3.2 Trail’d reserves the right to appoint other dealers in the Territory for the Products.

3.3 Trail’d reserves the right to sell and deliver Products directly to any party in the Territory.

4. DEALER RESPONSIBILITIES

Dealer, in its own name and on its own account, will use all reasonable means to effectively promote the sale of the Products in the Territory. These means include, but are not limited to:

4.1 Diligently and faithfully solicitating orders for the Products within the Territory.

4.2 Purchasing from Trail’d all requirements for Products.

4.3 Participating by mutual agreement in any advertising program.

4.4 Complying with all applicable laws and regulations and refraining from any unethical conduct or any other conduct that may damage the reputation of Trail’d.

4.5 Complying at all times with the Trail’d Minimum Advertised Price Policy.

4.6 Complying at all times with the Dealer Program.

4.7 Not appointing any sub-dealers, agents, and/or sales representatives in the Territory to sell Products, without the prior written consent of Trail’d.

4.8 Maintaining commercial property, casualty, and liability insurance in amounts customary for businesses operating in Dealer’s industry.

5. PAYMENT

5.1 Fees. Dealer shall be responsible for collecting payment for each sale made by Dealer to a party. Dealer shall pay Trail’d in accordance with the terms set forth in the Dealer Program.

6. CONFIDENTIALITY

7. TRADEMARK LICENSE

8. WARRANTIES

THE REMEDIES SET FORTH IN SECTION 8.2 SHALL BE DEALER’S SOLE AND EXCLUSIVE REMEDY AND TRAIL’D ENTIRE LIABILITY.

Except as set forth in Section 8.2, Products are provided "as is" and "as available" without warranties of any kind, either express or implied.

9. INDEMNIFICATION

10. LIMITATION OF LIABILITY

11. OWNERSHIP

12. TERM AND TERMINATION

Initial Term. The Initial Term of this Agreement Shall Be: One (1) year.

Renewal Term. Each Renewal Term of this Agreement Shall be: One (1) year.

12.3 Effects of Termination.

13. GENERAL

13.7 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

13.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.

By becoming an authorized Trail’d Dealer, you acknowledge that you have read and agree to these terms and conditions. If you have any questions, please don't hesitate to contact us.

These Terms and Conditions of Sale ("Terms") apply to the purchase and sale of products and services through https://trailedonline.com (this "Website") and constitute a legal agreement and are entered into by and between customer (“you”, “your”) and Trailed, LLC ("Company", "we", "us", "our"). These Terms are subject to change by Trailed, LLC without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referred to on the Website.

You should review these Terms before purchasing any product or services that are available through the Website. Your continued use of the Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

The Terms are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Website.

I. Eligibility.

By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement and you accept and are bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind such organization or company to these Terms. You may not order or obtain products or services from this Website if you: (i) do not agree to the Terms, and Privacy Policy, (ii) are not the older of (a) at least 18 years of age or (b) legal age to form a binding contract with us, or (iii) are prohibited from accessing or using this Website or any of this Website's contents, products or services by applicable law.

II. Privacy.

We respect your privacy and will not sell or share your personal information with any third parties. Please see our Privacy Policy for more information.

III. Order placement.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. All orders placed through our website are subject to acceptance and availability. We reserve the right to refuse any order for any reason.

IV. Prices & Payment.

a) All prices, discounts and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.

b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Apple Pay, Google Pay, PayPal, American Express, Discover, MasterCard, and Visa for all purchases. You represent and warrant that (i) the credit card or PayPal information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or PayPal account for the purchase, (iii) charges incurred by you will be honored by your credit card company or PayPal, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes regardless of the amount quoted on the Website at the time of your order.

V. Shipping, Delivery, Title & Risk of Loss.

a) We will arrange for shipment of the products to you. Shipping fees will be calculated at checkout based on the shipping option you choose and the destination of your order. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays, losses or damages in shipments.

VI. Returns and Exchanges.

We accept returns and exchanges within thirty (30) days of the original purchase date. All items must be returned in their original condition, with the original packaging and tags with valid proof of purchase.

To return products, you must adhere to the Returns & Exchanges Policies posted on our website.

You are responsible for all shipping and handling charges, customs, duties, taxes and any other charges on returned items. You bear the risk of loss during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

VII. Limited Warranty.

a) WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING (I) ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USEFULNESS, QUALITY OR TIMELINESS AND (II) 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.

b) WITH RESPECT TO ANY DEFECTIVE PRODUCTS, WE SHALL, IN OUR SOLE DISCRETION, EITHER: (I) REPAIR OR REPLACE SUCH PRODUCTS OR THE DEFECTIVE PART OR (II) CREDIT TO YOU STORE CREDIT IN THE AMOUNT PAID BY YOU FOR SUCH PRODUCTS, LESS ANY ORIGINAL SHIPPING AND HANDLING COSTS INCURRED BY US, PROVIDED THAT (I) YOU SHALL PROVIDE WRITTEN NOTICE TO US OF THE DEFECTIVE WITHIN THIRTY (30) DAYS OF DELIVERY OF THE PRODUCT AND, AT YOUR EXPENSE, RETURN SUCH PRODUCTS TO US; (II) WE VERIFY YOUR CLAIM THAT THE PRODUCTS ARE DEFECTIVE; AND (III) FOR PRODUCTS THAT WE DECIDE TO REPAIR OR REPLACE, YOU PAY FOR ALL SHIPPING AND HANDLING CHARGES, FEES, CUSTOMS, DUTIES, TAXES AND ANY OTHER CHARGES ASSOCIATED WITH SHIPPING THE REPAIRED OR REPLACED ITEMS BACK TO YOU.

c) THE REMEDIES SET FORTH IN SECTION 7(b) SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY.

VIII. Disclaimer of Warranties.

Except as set forth in Section VII (Limited Warranties), our website and products or services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our website or products will be error-free or uninterrupted.

IX. Third Party Sites.

This Website may provide links to third party websites (“3P Websites”). We make no representations about any 3P Websites. If you access any 3P Websites, you do so at your own risk. We have no control over the contents of any 3P Websites. We accept no responsibility for 3P Websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of any 3P Websites.

Links to 3P Websites from the Website may include links to social media features that enable you to transmit limited content from the Website. You may only use these features when they are provided by us and solely for the content identified. Such features and links to 3P Websites are subject to any additional terms and conditions we provide.

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not suggest any form of association, approval or endorsement from us where none exists. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply with the Conditions of Use, User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

X. Limitation of Liability.

a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE AND (B) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY.

b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE WEBSITE, LESS ANY ORIGINAL SHIPPING AND HANDLING COSTS INCURRED BY US.

XI. Intellectual Property.

All rights and interest to the inventions, methods, designs (whether registered or not), information, technical data or drawings, copyrights, patent rights, trademark rights, know-how, discoveries, improvements, technology, design mask works, trade secrets, related intellectual property, intangible and proprietary rights throughout the world, relating to the Website and products or services are the exclusive property of us (“Intellectual Property”). You shall not: (i) decompile, reverse engineer, disassemble, trace or otherwise analyze the products or services, their content, operation, or functionality; (ii) modify, adapt, or translate the products or services, nor create derivative works based on the product or services; or (ii) disclose any proprietary information regarding the Intellectual Property to any other persons or companies without our prior written approval. We do not grant you any license or other right in our Intellectual Property. You agree that only we or our authorized representatives or agents are authorized to make modifications or repairs to the product.

XII. Goods Not for Resale or Export.

You represent and warrant that you are buying products or services from the Website for your own use only, and not for resale or export.

XIII. Force Majeure.

We will not be liable to you for any failure or delay in our performance under these Terms to the extent such failure or delay results from circumstances beyond our reasonable control, including without limitation acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities, terrorist threats, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

XIV. Governing Law and Venue.

The Terms and ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US, including their affiliates, contractors, and agents, and each of their respective employees, directors, and officers (a “Dispute”) will be governed by the laws of the State of Arizona, without regard to conflicts of law. The UN Convention for the International Sale of Goods (CIGS), INCOTERMS, and the Uniform Computer Information Transactions Act or the documents related thereto will not apply. The parties consent to the exclusive and sole jurisdiction of the state and federal court located in Maricopa County, Arizona with respect to all litigation Disputes among the parties. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. It is by the express intention of the parties hereto that the Terms and all its related documents be drafted and interpreted in English. Neither Party shall be liable to the other Party for any dispute brought more than one (1) year after the delivery date of the product.

XV. Assignment.

You will not assign any of your rights or obligations under these Terms without our prior written consent. Any purported assignment in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

XVI. No Waivers.

No waiver under these Terms is effective unless it is in writing and signed by us and the waiver will be limited to the specific breach waived. No failure or delay in exercising any right, remedy, power or privilege arising from these Ecommerce Terms may be construed as a waiver of such.

XVII. No Third-Party Beneficiaries.

These Terms do not confer any rights or remedies upon any person or entity other than you.

XVIII. Modifications.

We reserve the right to change these terms and conditions at any time without notice. It is your responsibility to review these terms and conditions regularly.

XIX. Severability.

If any provision in these Terms is found to be void or unenforceable, this will not affect the validity and enforceability of the remainder of these Terms of Sale.

XX. Feedback

You assign all rights, title and interest in any feedback you provide us. If for any reason such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

XXI. Entire Agreement.

The Terms, Website Terms and Conditions of Use, and Privacy Policy constitute the entire agreement between you and us regarding matters related to these Terms and supersedes all prior understandings, agreements, representations and warranties, both written and oral.

By using our website and placing an order, you acknowledge that you have read and agree to these terms and conditions. If you have any questions, please don't hesitate to contact us.

Acceptance of the Website Terms and Conditions of Use

These Website Terms and Conditions of Use, together with any additional terms expressly incorporated by reference including our Privacy Policy and the Trail’d Terms of Sale, (collectively, the "Terms of Sale") for https://trailedonline.com (the "Website") constitute a legal agreement and are entered into by and between customer (“you”, “your”) and Trailed, LLC ("Company", "we", "us", "our"). These Website Terms and Conditions of Use govern your access to and use of the Website, including any content, functionality, and services offered on it.

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY AND TERMS OF SALE, INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using the Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

I. Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update the Terms and Conditions at any time. Any modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions to be aware of any modifications and your continued use shall be your acceptance of these.

The information and material on the Website and the Website itself may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if all or any part of the Website is restricted to users or unavailable at any time or for any period.

II. Your Use of the Website and Account Set-Up and Security

Users are responsible for obtaining their own access to the Website and for the Website's availability and performance. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of the Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.

The Website may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Your provision of registration information and any submissions you make to the Website through any functionality such as e-commerce transactions, applications, chat rooms, e-mail, message boards, profiles, forums, bulletin boards and other functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any user name, password, or information chosen by you or provided to you as part of our security procedures must be treated as confidential and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any of the Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting the Website owner's ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

III. Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including copyright, trademark, patent, trade secret, and any other proprietary rights.

Trail’d, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans appearing on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium except:

your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
if social media features are provided on the Website, you may take such actions as our site permits for such features.

Users are not permitted to modify copies of any materials from this site.

If you print off, copy or download any part of our site in breach of the Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by the Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

IV. Conditions of Use, User Submissions and Site Content Standards

As a condition of your access and use you agree that you may use the Website only for lawful purposes and according to the Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any User Submission must comply with all applicable federal, provincial, local, and international laws and regulations.

You agree that your use of the Website and any User Submissions shall not:

Violate any applicable federal, provincial, local, or international law or regulation including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, or legal rights (including the rights of publicity and privacy of others).
Contain any material that could lead to any civil or criminal liability under applicable laws or regulations or that may conflict with the Terms and Conditions and our Privacy Policy.
Contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age or other prohibited ground or be otherwise objectionable.
Involve stalking, attempting to exploit any individual or harming minors in any way by exposing them to inappropriate content.
Involve false, inaccurate or misleading information.
Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Terms and Conditions.
Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
Without our prior written consent, transmit any advertisements, promotions, commercial activities or sales, including any "spam", "junk mail", "chain letter", contests, sweepstakes, other sales promotions, advertising or any other solicitation.
Restrict anyone's use or enjoyment of the Website, harm the Company or users of the Website, or expose them to liability.
Cause annoyance, inconvenience or be likely to upset any other person.
Promote or assist any illegal activity or unlawful act.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

V. User Submissions: Grant of License

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, licensees, successors, and assigns (collectively, “Affiliates”) the right to a world-wide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and to incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission

By submitting the User Submissions you warrant that you have the necessary rights to submit the User Submissions and to grant the license to us and our Affiliates. You warrant that all User Submissions comply with applicable laws and the Terms and Conditions.

You understand and agree that you, not the Company, are fully responsible and liable to any third party for any User Submissions you submit and its accuracy. We are not responsible or liable to any third party for the content or accuracy of any User Submissions from you or any other user of the Website.

VI. Site Monitoring and Enforcement, Suspension and Termination

The Company has the right, without notice, to:

Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
Take any actions in our sole discretion for violating the Website and User Submissions Site Content Standards or Terms and Conditions.
Take appropriate legal action for any illegal or unauthorized use of the Website. We have the right to disclose the identity or other information of anyone posting any materials on or through the Website if required by law.
Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of the Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION OF THE COMPANY AND ITS AFFILIATES RELATING TO ANY INVESTIGATIONS BY THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation to any party to monitor the Website or its use. We cannot review material that you or other users submit to the Website and cannot ensure prompt removal of objectionable posted material and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

VI. No Reliance

The content on the Website is provided for general information purposes only. It is not intended to be advice on which you should rely. You must obtain professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of the Website.

The Website may include content provided by third parties, including from other users and third-party licensors. All statements expressed in any third party content, other than the content provided by the Company, are solely the responsibility of the party providing those materials. The Company is not responsible or liable to you or any third party for the content or accuracy of any third party materials.

VII. Privacy

Any user information and User Submissions are deemed our property. Your submissions and use of the Website constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions according to our Privacy Policy and as we deem necessary for use of the Website.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, some areas of the Website may not function adequately.

VIII. Third Party Websites

IX. Online Purchases

All orders, purchases or transactions for the sale of goods made using the Website are subject to the Trail’d Terms of Sale that are also incorporated into the Terms and Conditions.

Additional terms and conditions may apply to parts or features of the Website and are incorporated by reference into the Terms and Conditions.

X. Disclaimer Of Warranties

THE WEBSITE,ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, TIMELINESS OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ANY AFFILIATES MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT FOR THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOU ARE ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

XI. Limitation of Liability

UNDER NO CIRCUMSTANCE WILL THE COMPANY AND ITS AFFILIATES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE ARISING FROM YOUR USE, INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION ON THESE.

IF THERE IS ANY PROBLEM WITH THE WEBSITE OR ITS CONTENTS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IF THERE IS ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR THE PRODUCT ACCORDING TO THE RETURNS & EXCHANGES POLICIES POSTED ON THE WEBSITE.

XII. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE LEGAL FEES) ARISING FROM YOUR BREACH OF THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION YOUR USER SUBMISSIONS, 3P WEBSITES, AND ANY USE OF THE WEBSITE'S CONTENT, SERVICES, AND PRODUCTS.

XIII. Governing Law and Venue

The Website and the Terms and Conditions and ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US, including their affiliates, contractors, and agents, and each of their respective employees, directors, and officers (a “Dispute”) will be governed by the laws of the State of Arizona, without regard to conflicts of law. The UN Convention for the International Sale of Goods (CIGS), INCOTERMS, and the Uniform Computer Information Transactions Act or the documents related thereto will not apply. The parties consent to the exclusive and sole jurisdiction of the state and federal court located in Maricopa County, Arizona with respect to all litigation Disputes among the parties. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

XIV. Waiver

No waiver under the Terms and Conditions is effective unless it is in writing and signed by us and the waiver will be limited to the specific breach waived. No failure or delay in exercising any right, remedy, power or privilege arising from the Terms and Conditions may be construed as a waiver of such.

XV. Severability

If any provision in the Terms and Conditions is found to be void or unenforceable, this will not affect the validity and enforceability of the remainder of the Terms and Conditions.

XVI. Entire Agreement

The Terms and Conditions, including the Privacy Policy and the Trail’d Terms of Sale, constitute the entire agreement between you and the Company regarding the Website and supersedes all prior understandings, agreements, representations and warranties, both written and oral.

TRAIL’D PRIVACY POLICY

Trailed, LLC and our affiliates and subsidiaries ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). The Privacy Policy describes how we collect, use, disclose, and protect the personal information of our customers and website users ("you", “your”), describes the types of information we may collect from you or that you may provide when you visit the website https://trailedonline.com (the "Website"), and our practices for collecting, using, maintaining, protecting, and disclosing that information. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS NOT TO USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, ACCEPT, AND CONSENT TO THE PRACTICES DESCRIBED IN THE PRIVACY POLICY. The Privacy Policy may be updated from time to time at our sole discretion. The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links may allow the third party to collect or share data about you. We do not control third parties' collection or use of your information. You should contact the third parties directly about their privacy policies.

Information We Collect

We collect and use several types of information from and about you, which may include:

Personal information that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address, user-name or other similar identifier, billing and account information, and any other identifier we may use to contact you online or offline ("personal information").
Non-personal information that does not directly or indirectly reveal your identity, such as demographic information or statistical or aggregated information. This does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information.
Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access the Website, and usage details.
Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from the Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

How We Collect Information

We use different methods to collect your information, including through:

1. Direct interactions with you when you provide it to us. Information we collect may include:
  1. Information that you provide by filling in forms on the Website, subscribing to our services, posting material, entering a contest or promotion sponsored by us, reporting a problem with the Website, etc.
  2. Records and copies of your correspondence with us by phone, email, or otherwise.
  3. Responses to surveys.
  4. Details of transactions you carry out through the Website and of your orders. You may be required to provide financial information before placing an order through the Website.
  5. Your search queries on the Website.
2. User contributions. You may provide information for us to publish or display on public Website areas or transmit to other Website users or third parties (collectively, "User Contributions"). Your User Contributions are posted and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. We cannot and do not guarantee that unauthorized persons will not view your User Contributions.
3. Automated technologies or interactions, as you navigate through the Website. Information collected automatically may include:
  1. Usage details, such as traffic data, location data, logs.
  2. Information about your computer and Internet connection, such as IP addresses, operating system and browser type.
  3. Information collected through cookies, web beacons, and other tracking technologies.

The information we collect automatically is statistical information and may include personal information. We may associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a personalized service, including by enabling us to:

1. 1. Estimate our audience size and usage patterns.
  2. Store information about your preferences and customize the Website according to your interests.
  3. Speed up your searches.
  4. Recognize you when you return to the Website.

The technologies we use for this automatic data collection may include:

1. Cookies or browser cookies. A cookie is a small file placed on the hard drive of your computer.
2. Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Website.
3. Web Beacons. Pages of the Website and our e-mails may contain small electronic files called web beacons (also called clear gifs, pixel tags, and single-pixel gifs) that permit the Company to count users who have visited those pages or opened an email and for other related website statistics.
Third parties or publicly available sources, for example, our business partners.

Some content or applications on the Website, including advertisements, are served by third parties, who may use cookies to collect information, including personal information, about you when you use the Website. They may use this information to provide you with interest-based advertising or other targeted content.

How We Use Your Information

To present the Website and its contents to you.
To fulfill your orders and provide customer service.
To provide you with information, products, or services that you request from us.
To fulfill the purposes for which you provided the information or that were described when it was collected.
To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements.
To notify you about changes to the Website or any products or services we offer or provide though it.
To improve the Website, products or services, marketing, or customer relationships and experiences.
To allow you to participate in interactive features, social media, or similar features on the Website.
To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
To contact you about goods and services that may interest you.
To display advertisements to our advertisers' target audiences.
In any other way we may describe when you provide the information.
To send you marketing communications.
To comply with legal requirements, such as responding to a subpoena or to protect the rights, property, or safety of Trail’d, our customers, or others.
For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users. We may disclose personal information:

To our subsidiaries and affiliates.
In accordance with applicable law, to a buyer or other successor.
To contractors, service providers, and other third parties we use to support our business (such as payment processing, order fulfillment, website hosting, analytics and search engine providers that assist us with Website improvement and optimization).
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
To comply with any applicable law, including responding to any government or regulatory request.
To enforce or apply the Privacy Policy, Website Terms and Conditions of Use, Trail’d Terms and Conditions of Sale, and other agreements, including for billing and collection purposes.
If we believe disclosure is appropriate to protect the rights, property, or safety of the Company, our customers, or others.

Transferring Your Information

We may transfer personal information to contractors, service providers, and other third parties we use to support our business and who are contractually obligated to keep personal information confidential. By submitting your personal information or engaging with the Website, you consent to this transfer, storage, or processing.

Choices About How We Use and Disclose Your Information

You may control your information as follows:

Opting out of marketing communications. You can opt out of receiving marketing communications from us at any time by following the unsubscribe instructions included in the emails.
Accessing and updating your personal information. You can access and update your personal information by logging into your account on our website.
Closing your account. You can close your account by contacting us through our Customer Support page. Please note that we may retain certain information as required by law or for legitimate business purposes.

Data Retention

Except as otherwise required by applicable law, we will retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances, we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

Security

We take steps to protect your personal information from unauthorized access and use. However, no internet or email transmission is ever fully secure or error-free, so you should take special care in deciding what information you send to us.

Persons Under The Age Of 18

The Website is not intended for persons under 18 years of age. No one under the age of 18 may provide any personal information on the Website. We do not knowingly collect personal information from persons under 18. If you are under 18, do not use or interact with the Website.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will post any changes on this page, so please review it regularly.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us through our Customer Support page.

Offer Terms

Use code TANKS20 for a 20% discount on Trail'd 6-Gallon Tanks.
Offer duration Sep 19, 2023 — Sep 23, 2023 MST
Not valid if the coupon is not applied before placing the order.
Valid multiple times per user during the offer duration.
Valid only on Trail'd 6-Gallon Tanks sold on trailedonline.com.
Cannot be combined with any other offer.
Trailed, LLC has the right to cancel the order if it is found to be fraudulent.
Not valid on wholesale orders.

Shipping & Handling Rates

Shipping and handling rates are calculated per product quantity in your order and determined by the shipping option and destination you choose at checkout.

Contiguous US

Tanks: Free Shipping
Spare Mounting Rings: $9.99

Alaska, US

Adventurer Single Pack: $75.00
Overlander Double Pack: $99.00
Spare Mounting Rings: $10.99

Hawaii, US

Adventurer Single Pack: $80.00
Overlander Double Pack: $99.00
Spare Mounting Rings: $10.99

Canada

Adventurer Single Pack: $70.00
Overlander Double Pack: $70.00
Spare Mounting Rings: Not Deliverable

Australia

Adventurer Single Pack: $275.00
Overlander Double Pack: $429.00
Spare Mounting Rings: Not Deliverable

United Arab Emirates

Adventurer Single Pack: $199.00
Overlander Double Pack: $299.00
Spare Mounting Rings: Not Deliverable

The Boondocker
14-Gallon Tank

The Spare
6-Gallon Tank

Mounting Rings

Supported Vehicles

Boondocker Accessories

Become a Dealer

Ambassador Program

Legal