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Terms and conditions

Welcome to Trailerboutique.com. In order to use our Site, you must agree to our Terms of Use. –They are important and contain many legal disclosures that you should read carefully - including terms of sale that apply when you buy something through Trailer Boutique. The Terms of Use also specify the proper use of the Site. If you have any questions about these Terms of Use please email us at info@trailerboutique.com. These Terms of Use were last updated on October 7, 2016.

These Terms of Use are organized as follows:
1. Ownership of the Site
2. Your Permitted Use
3. Your Conduct on our Site
4. Security Information
5. Availability of the Site
6. Modification of this Agreement
7. Copyright and Trademarks
8. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
9. Disclaimer of Warranty
10. Limitation of Liability
11. Arbitration
12. End User Communications
13. Websites of Others
14. Public Nature of Your Statements
15. License Grant
16. Indemnification/Release
17. Termination
18. Choice of Law
19. Additional Disclosure


ACCEPTANCE OF TERMS OF USE
So Fun Media LLC dba Trailer Boutique (“Trailer Boutique” or “us” or “our”) operates this website, www.trailerboutique.com, as a dedicated place where individuals can find amazing products that we love and we hope you will love too. With a focus on small and medium-sized brands, we are traveling the world in search of great products and leveraging our platforms to help spread the word and sell amazing items. By using our Site and the services through the Site, you (“you” or, “User”) agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY Trailer Boutique SERVICE OFFERED THROUGH THE SITE.

1. Ownership of the Site
The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information or software obtained from or through the Site.

2. Your Permitted Use
The Site provides an interactive online service operated by Trailer Boutique, consisting primarily of promotion and marketing services on behalf of certain partners. Your permission to use of this Site, is conditioned upon your agreement that:
• You are over the age of 18;
• You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information or software obtained from or through the Site.

3. Your Conduct on our Site
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as determined by us in our sole and complete discretion), interferes with any other user’s use or enjoyment of the Site, we may limit your privileges on the Site and seek other remedies.

PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:
• Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
• Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
• Interfering or attempting to interfere with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Trailer Boutique;
• Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
• Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Trailer Boutique;
• Reselling or repurposing your access to the Site;
• Using the Site or any of its resources to solicit Site End Users or other business partners of Trailer Boutique to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Trailer Boutique;
• Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
• Accessing, monitoring or copying any content or information from this Site using any automated means or any manual process for any purpose without our express written permission;
• Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means) with material from other sites or on a secondary site without our express written permission;
• Acting illegally or maliciously against the business interests or reputation of Trailer Boutique or our partners; or
• Hyperlinking to the Site from any other website without our initial and ongoing consent.

4. Security of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Trailer Boutique and the Site while it is being transmitted. In addition, Trailer Boutique is not responsible for any data lost during transmission. Trailer Boutique collects information solely for distributing its electronic newsletter. For more information regarding the use of your information by Trailer Boutique please see the Privacy Statement located elsewhere on the Site.

5. Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Trailer Boutique retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

6. Modification of this Agreement
Trailer Boutique reserves the right at all times to discontinue or modify any part of this Agreement as it deems necessary or desirable. If Trailer Boutique makes changes that materially affects your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that any such changes will not apply to vouchers purchased prior to the effective date of such changes. Changes will be effective immediately for new users of our Site. We suggest that you re-visit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.

7. Copyright and Trademarks
Everything located on or in this Site is the exclusive property of Trailer Boutique or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF Trailer Boutique IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Trailer Boutique owns a copyright in selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Trailer Boutique or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trailer Boutique is a trademark of So Fun Media LLC. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Trailer Boutique shall not be deemed to be in the public domain but rather the exclusive property of Trailer Boutique, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Trailer Boutique unless otherwise stated. You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Trailer Boutique does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Trailer Boutique the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store, or reproduce the material for that End User's personal use. You also grant Trailer Boutique the right to edit, copy, publish and distribute any material that you make available on this Site.

8. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
Trailer Boutique reserves the right to terminate its agreement with you or any other user who infringes third-party copyrights. If you believe that any material has been posted to the Site that constitutes copyright infringement, you shall provide Trailer Boutique with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
(b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work;
(c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
(d) your name and contact information, including telephone number and e-mail address; and
(e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Trailer Boutique’s DMCA Agent for notice of claims of copyright infringement is: Trailer Boutique, Inc., Attn: Copyright Agent, 603 Parkcenter Drive, Suite 101, Santa Ana, CA 92705 or dmca@trailerboutique.com

9. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER Trailer Boutique, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Trailer Boutique HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability
IN NO EVENT SHALL Trailer Boutique, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED THEREIN OR THESE TERMS OF USE.

11. Arbitration
We will make every reasonable effort to resolve any disagreements that you have with Trailer Boutique. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Trailer Boutique arising out of, relating to, or connected in any way with this Agreement this Site, shall be resolved exclusively by final and binding arbitration administered by the Judicial Arbitration and Mediation Service (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. You agree further that: (a) the arbitration shall be held at a location determined by JAMS pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Trailer Boutique in Orange County, California; (b) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Trailer Boutique’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Trailer Boutique shall be entitled to arbitrate their dispute.

12. End User Communications
Trailer Boutique in some instances allows you and other Users to use the Site to express opinions and communicate through blogs, forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time. Trailer Boutique shall have the right, but not the obligation, to monitor the content of those communications at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Trailer Boutique, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Trailer Boutique shall have the right, but not the obligation, to remove any material that Trailer Boutique, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other are those of the respective author(s) or distributor(s) and not of Trailer Boutique.

13. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

14. Public Nature of Your Statements
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Trailer Boutique’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Trailer Boutique does not control or endorse any statement made by a user of the Site, and we specifically disclaim any liability concerning the statements and any actions resulting from your participation in discussions on the site, including any objectionable content. Any and all Statements you post to our Site are not confidential.

15. License Grant
By posting statements or other information on or through the Site, you grant Trailer Boutique a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

16. Indemnification/Release
You agree to defend, indemnify and hold harmless Trailer Boutique, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses - including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use by you of the Site which is in violation of these Terms. You are solely responsible for your interactions with other users of the Site. To the extent permitted under applicable laws, you hereby release Trailer Boutique from any and all claims or liability related to any conduct or speech, whether online or offline, of any other user.

17. Termination
Trailer Boutique retains the right to terminate these Terms of Use at any time. Without limiting the foregoing, Trailer Boutique has the right to immediately terminate or suspend any of your passwords or accounts in the event Trailer Boutique considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

18. Choice of Law
Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or Trailer Boutique’s services shall be governed by the laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles.

19. Additional Disclosures
No waiver by either you or Trailer Boutique of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of the Agreement shall continue in full force and effect. Trailer Boutique's mailing address is 120 Tustin Ave Suite C #1145, Newport Beach, CA 92663. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. The provisions of these Terms of Use apply equally to and are for the benefit of Trailer Boutique, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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