You (“Buyer”) agree that the drawings, designs, plans, and other information (“Drawings”) delivered to Buyer from Johnson Trailer
Parts (“JTP”) for the construction of a trailer (the “Trailer”) are for Buyer’s personal use only and may not be copied, leased, licensed,
or resold in any form without the prior written consent of JTP which, if given, is subject to the transferee’s consent to these Terms.
This is a license agreement, not a sales agreement, between Buyer and JTP. JTP grants Buyer a non-exclusive, non-transferable
license to use the Drawings for the limited purpose of constructing a Trailer, subject to these Terms. Therefore, Buyer must treat the
Drawings like any other copyrighted material and may not remove any copyright notices, labels, or marks from the Drawings. All
rights, title, interest, and all copyrights to the Drawings and any copy thereof remains with JTP. Unauthorized copying of the
Drawings, or the failure to comply with the above restrictions will result in automatic termination of this license and JTP’s ability to
seek legal remedies.
The Drawings are provided “AS IS”. JTP, for and on its own behalf and on behalf of its employees, contractors, officers, owners,
directors, and any retailer, distributor, or seller of the Drawings disclaims any and all warranties, whether written, express or implied
that may result from the use, application and/or interpretation of these Drawings and/or the construction and use of the Trailer. JTP is
not responsible for material selection, welding application, weldmet quality, or the manner of use of a Trailer. No reference to any
specific manufacturer is authorized or implied.
The Drawings are provided under the belief and understanding that: (i) Buyer intends to use only new materials and parts in the
construction of the Trailer; (ii) all required welding will be done by a certified welder following all applicable safety rules; (iii) Buyer
is aware of and will comply with all applicable federal, state and local requirements for the licensing, lighting, safety, and inspection
of the Trailer; (iv) Buyer is aware of and will follow all manufacturers requirements and instructions for the towing vehicle and hitch,
including but not limited to tow ratings, hitch ratings, and load capacity; (v) Buyer will use the Trailer, once built, for proper purposes
only; (vi) Buyer will always properly hitch the Trailer to an appropriate tow vehicle that is capable of towing the intended load, (vii)
Buyer will not overload or allow unbalanced loads in the Trailer; and (viii) Buyer will secure all property on the Trailer at all times.
IF ANY OF OUR BELIEFS AND UNDERSTANDINGS DESCRIBED ABOVE ARE NOT TRUE, PLEASE DO NOT USE THE
DRAWINGS OR CONSTRUCT A TRAILER.
Under no circumstances, including, but not limited to, its negligence, shall JTP be liable for any special or consequential damages that
result from the use of or the inability to use the Drawings even if JTP or a JTP authorized representative has been advised of the
possibility of such damages. In no event shall JTP’s total liability to Buyer for all damages, losses, and causes of action, whether in
contract or tort (including, but not limited to, negligence) exceed the amount paid by Buyer, if any, for the Drawings.
TOWING A TRAILER INCREASES THE RISK OF ACCIDENTS AND MAY RESULT IN PROPERTY DAMAGE, BODILY
INJURY, OR DEATH.
These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict-of-law principles. You agree
that resolution of any dispute or claim arising out of or related to these Terms, to the extent not subject to mandatory arbitration, shall
be subject to the exclusive jurisdiction and venue in the state and federal courts in Maricopa County, Arizona.
If Buyer believe it has a dispute or claim against us arising out of Buyer’s license of the Drawings under these Terms, Buyer agrees to
first discuss the matter informally with JTP for at least 30 days. To do that, Buyer must give JTP written notice, which will include
Buyer’s full name and contact information, the nature and basis giving rise to the dispute or claim and Buyer’s proposed resolution,
sent to 16627 N 45th Place, Phoenix AZ 85032, Attn: Aaron Johnson. If JTP is unable to resolve Buyer’s concerns informally within 30
days after our receipt of notice, Buyer may file a claim in: (i) small claims court so long as Buyer proceeds only on an individual
basis; or (ii) if a claim may not be filed in small claims court, it shall be exclusively resolved by the American Arbitration Association
(“AAA”) under the Commercial Arbitration Rules of the AAA by one (1) arbitrator located in Maricopa County, Arizona. Buyer must
file its small claims court complaint or a demand for arbitration with the AAA within ONE (1) YEAR after the date the claim arose, or
within the shortest time period permitted by applicable law. Otherwise, the claim is waived.
For the avoidance of doubt, Buyer agrees that BUYER MAY ONLY BRING CLAIMS AGAINST JTP IN BUYER’S INDIVIDUAL
CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further,
Buyer agrees that no arbitrator shall consolidate any other person’s claims with Buyer’s claims and may not otherwise preside over any
form of a multi-party or class proceeding. Buyer agree that the award of the arbitrator will be binding and may be entered as a
judgment in any court of competent jurisdiction. Buyer further agrees that JTP may seek interim or preliminary relief from a court of
competent jurisdiction in Arizona, necessary to protect its rights or property pending the completion of arbitration.