Terms of Service

1. Acceptance and eligibility

These Terms of Service (“Terms”) are a binding agreement between you and Traildek LLC (“Traildek,” “we,” “us”). By using traildek.com, creating an account, or placing an order, you agree to these Terms and our Privacy Policy.

You must be at least 18 years old to use the site. If you are using Traildek on behalf of a business, you confirm that you have authority to bind that business to these Terms.

2. Account terms

• Provide accurate, current information when you sign up.
• Keep your login credentials confidential. You are responsible for all activity under your account.
• One account per person; do not share accounts.
• Notify us promptly at support@traildek.com if you suspect unauthorized access.

3. Purchase terms

• All prices are listed in US Dollars (USD) and exclude applicable taxes.
• Sales tax is calculated and shown at checkout based on your shipping destination.
• Shipping rates and timelines are described in our Shipping & Returns policy.
• Your order is an offer to buy. We may accept or decline orders in our discretion, including if a product is out of stock, mispriced, or suspected fraudulent. Order acceptance occurs when we ship the order, not when payment is authorized.
• If we cancel an accepted order, we refund any amount charged.
• Promotional codes, gift cards, and bundle discounts have their own additional terms displayed at the time of use.

4. Returns and refunds

Our return policy — including the 30-day return window for unopened decks, the final-sale rule for opened decks, and free replacement for damaged or defective items — lives at Shipping & Returns and is incorporated into these Terms.

5. User-generated content

You may upload photos, write reviews, log trail completions, and otherwise contribute content (“User Content”) to Traildek. You keep ownership of your User Content.

The license you grant us

When you submit User Content, you grant Traildek a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to host, store, reproduce, modify (for example, to resize or compress), create derivative works of, publish, distribute, and display that content for the operation, promotion, and improvement of Traildek, including display on the site and in marketing materials, and including use of brief excerpts when answer engines and AI systems cite Traildek. This license continues for as long as is reasonably needed to operate the service even after you remove the content from your account; we will stop further public display promptly on request.

Your representations

• You own the content or have the rights necessary to grant the license above. Do not upload photos taken by someone else without permission.
• You will not upload content that is unlawful, harassing, defamatory, hateful, sexually explicit, infringing, or that contains personal information about other people without their consent.
• You are solely responsible for your User Content. Traildek is not obligated to host any specific submission.
• You can request removal of your User Content at any time by emailing support@traildek.com.

6. Acceptable use

You agree that you will not:

• Scrape, crawl, or otherwise access the site by automated means except as permitted by our robots.txt or with prior written consent.
• Create accounts by automated means or impersonate another person.
• Reverse engineer, decompile, or attempt to extract source code from the site.
• Resell, redistribute, or commercially exploit Traildek content (including imagery, trail descriptions, and card designs) without our prior written permission.
• Use the site to send spam, malware, or anything that could disrupt the service.
• Interfere with the security of the site or other users.

7. DMCA copyright policy

Traildek respects intellectual property rights. If you believe content on the site infringes your copyright, you may send a written notice to our designated agent under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3), including:

1. Your physical or electronic signature.
2. Identification of the copyrighted work claimed to be infringed.
3. Identification of the material that is claimed to be infringing and where it is on the site (URL is best).
4. Your contact information (name, address, telephone, email).
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Counter-notices may be submitted by users whose content was removed; we will follow the procedure in 17 U.S.C. § 512(g). Repeat infringers will have their accounts terminated.

8. Moderation and removal

We may, in our sole discretion, remove or refuse to display any User Content that violates these Terms, our community guidelines, or applicable law. We are not required to monitor User Content, and we maintain the protections available to service providers under 47 U.S.C. § 230 and similar laws.

9. Account termination

You may close your account at any time from your account settings or by emailing support@traildek.com.

We may suspend or terminate your account if you violate these Terms, if your activity creates risk for Traildek or other users, or to comply with law. Provisions that by their nature should survive termination (including licenses you granted us, indemnities, disclaimers, and dispute-resolution terms) will survive.

10. Disclaimers

The site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

Trail information published on Traildek — including distances, elevation, difficulty ratings, weather, and trail conditions — is provided for general informational and entertainment purposes only. It is not safety guidance. Trail conditions change. You are responsible for your own safety: consult official sources, check the weather, carry appropriate gear, and turn back when conditions warrant. Hiking, climbing, and outdoor recreation involve inherent risks, including risk of serious injury or death. You hike at your own risk.

11. Limitation of liability

To the maximum extent permitted by law, Traildek and its officers, members, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, loss of goodwill, or personal injury arising from outdoor activities, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to these Terms or the site is limited to the greater of (a) the amount you paid Traildek for the products giving rise to the claim in the twelve months before the event, or (b) one hundred US dollars (US$100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Traildek and its officers, members, employees, contractors, and affiliates from any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your use of the site, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any law or the rights of any third party.

13. Governing law and venue

These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to the arbitration clause below, exclusive venue for any dispute that is not subject to arbitration lies in the state and federal courts located in Utah County, Utah, and you consent to personal jurisdiction there.

14. Arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

You and Traildek agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the site (each, a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small-claims court for Disputes that qualify.

The arbitration will be conducted in English. If the amount in dispute is US$10,000 or less, the arbitration may proceed on documents only; otherwise, the parties may select an in-person or video hearing. Judgment on the award may be entered in any court of competent jurisdiction.

You and Traildek agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Opt-out. You may opt out of this arbitration agreement by emailing legal@traildek.com with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms. Opting out has no other effect on your relationship with Traildek.

15. Severability and entire agreement

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force. These Terms, together with our Privacy Policy, Cookie Policy, and Shipping & Returns policy, constitute the entire agreement between you and Traildek regarding the site and supersede all prior agreements. Our failure to enforce any provision is not a waiver of our right to do so later.