1. Acceptance of These Terms
These Terms of Use ("Terms") govern your access to and use of the Magic Tilt Dealer Portal (the "Portal") provided by Magic Tilt Trailers, Inc. ("Magic Tilt," "we," "us," or "our"). By accessing or using the Portal, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the Portal.
These Terms govern Portal access only. They supplement, and do not replace, any dealer agreement, credit application, purchase-order terms, pricing agreement, or product warranty between Magic Tilt and your dealership. If a separate signed agreement conflicts with these Terms regarding the underlying business relationship, that agreement controls for that subject matter.
2. Eligibility & Authorized Access
The Portal is a private, business-to-business platform offered solely to Magic Tilt's authorized dealers and their designated personnel. You may use the Portal only if you are an authorized dealer or an individual authorized by such a dealer, and only for legitimate business purposes related to your relationship with Magic Tilt. Access is granted at our discretion and may be conditioned, limited, or withdrawn at any time.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Portal for these purposes. We reserve all rights not expressly granted.
3. Accounts & Security
To use the Portal you must have an account. You agree to provide accurate and complete information and to keep it current. You are responsible for:
- Maintaining the confidentiality of your username, password, and any access credentials;
- Not sharing your login credentials with any other person — each user must have their own account;
- All activity that occurs under your account, whether or not authorized by you; and
- Notifying us promptly at customersupport@magictilt.com if you suspect any unauthorized access or security breach.
We may log and monitor account activity for security, fraud-prevention, and operational purposes. We are not liable for any loss arising from unauthorized use of your account resulting from your failure to safeguard your credentials.
4. Your Team Members
If your dealership adds team members or assigns roles within the Portal, your dealership is responsible for those users, for the roles and permissions it grants, and for promptly removing access for individuals who leave or no longer require it. Account administrators may be able to view account, order, billing, and activity information associated with your dealer account.
5. Acceptable Use
You agree not to, and not to allow others to:
- Use the Portal for any unlawful, fraudulent, or unauthorized purpose;
- Access data, accounts, or areas of the Portal you are not authorized to access, or attempt to circumvent authentication or security controls;
- Interfere with or disrupt the Portal, including by introducing malware, overloading, or probing/scanning the system;
- Scrape, harvest, or use automated means to extract data except as we expressly permit;
- Copy, resell, sublicense, or commercially exploit the Portal or its content outside your authorized dealer relationship;
- Misrepresent your identity or affiliation, or use another user's account; or
- Use the Portal in violation of any applicable law or these Terms.
6. Orders, Pricing & Payment
Orders and quotes submitted through the Portal are offers to purchase and are subject to acceptance and confirmation by Magic Tilt. We may decline, cancel, or limit any order. Pricing, availability, discounts, and lead times shown in the Portal are for convenience, may change without notice, and may not reflect final pricing; the price and terms applied to your dealership's account and order confirmation control.
We strive for accuracy, but the Portal may contain errors in pricing, descriptions, images, or availability, and we reserve the right to correct any such errors even after an order is submitted. Payment is due according to the terms applicable to your account. Payments made through the Portal are processed by our third-party payment processor and are also subject to that processor's terms. You are responsible for all applicable taxes, fees, and shipping charges. Returns, cancellations, warranties, and freight are governed by Magic Tilt's applicable policies and your dealer agreement.
7. Product Information & Availability
Product specifications, configurations (including axle and trailer configurations), drawings, brochures, and related materials are provided for general reference and may be updated, corrected, or discontinued at any time without notice. They do not constitute a warranty or guarantee. You are responsible for confirming that products meet your and your customers' requirements and for compliance with applicable laws and regulations.
8. Intellectual Property
The Portal and its content — including software, text, graphics, logos, images, product data, documents, and the "Magic Tilt" name and marks — are owned by or licensed to Magic Tilt and are protected by intellectual-property laws. Except for materials we expressly make available for dealer marketing or operational use, and then only as intended, you may not copy, modify, distribute, or create derivative works without our prior written permission. All trademarks and brand features are the property of their respective owners.
9. Confidentiality
The Portal may give you access to non-public information, including dealer pricing, account data, product information, and other business information ("Confidential Information"). You agree to keep Confidential Information confidential, to use it only for your authorized dealer purposes, and not to disclose it to any third party except as necessary to conduct business with Magic Tilt and subject to confidentiality obligations at least as protective as these Terms.
10. Third-Party Services
The Portal may integrate or link to third-party services (for example, payment processing, tax-compliance, mapping, embedded media, and product/tire registration). Those services are provided by their respective owners and may be subject to separate terms and privacy practices. We are not responsible for third-party services, and your use of them is at your own risk.
11. Disclaimers
THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Portal will be uninterrupted, secure, error-free, or that information in it is complete or accurate. Your use of the Portal is at your own risk. This section does not affect any product warranty Magic Tilt separately provides for its trailers or parts.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MAGIC TILT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE PORTAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PORTAL WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Magic Tilt and its affiliates from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your or your team members' use of the Portal, your violation of these Terms, or your violation of any law or the rights of a third party.
14. Suspension & Termination
We may suspend, restrict, or terminate your or any user's access to the Portal at any time, with or without notice, including if we believe these Terms have been violated, for security reasons, or if your dealer relationship with Magic Tilt ends. Upon termination, your right to use the Portal ceases immediately. Sections that by their nature should survive termination (including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive.
15. Governing Law & Dispute Resolution
15.1 Governing Law
These Terms, and any dispute arising out of or relating to them or the Portal, are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section.
15.2 Binding Arbitration
Except for the matters described in Section 15.4, any dispute, claim, or controversy arising out of or relating to the Portal, these Terms, or their breach, termination, enforcement, interpretation, or validity (a "Dispute") will be resolved exclusively by final and binding arbitration, rather than in court. You and Magic Tilt each waive the right to a trial by jury.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator. The seat and location of the arbitration will be Pinellas County, Florida, unless you and Magic Tilt agree otherwise. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own attorneys' fees and costs except as the AAA rules or applicable law provide otherwise, and the parties will keep the arbitration and its outcome confidential.
15.3 Class Action Waiver
All Disputes must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one party's claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) will be severed and brought in the courts identified in Section 15.4.
15.4 Exceptions & Court Proceedings
Notwithstanding the above, either party may (a) bring an individual claim in a small-claims court of competent jurisdiction, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or Confidential Information, or to compel arbitration or enforce an arbitration award. For any such court proceeding, and for any Dispute that a court or arbitrator determines is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Pinellas County, Florida, and to personal jurisdiction there.
16. Changes to These Terms
We may modify these Terms from time to time. When we do, we will update the "Last Updated" date above and, where appropriate, provide notice within the Portal. Changes are effective when posted. Your continued use of the Portal after changes take effect constitutes acceptance of the revised Terms.
17. General
These Terms, together with the Privacy Policy and any policies referenced in the Portal, are the entire agreement between you and Magic Tilt regarding Portal access. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transfer. Nothing in these Terms creates a partnership, joint venture, or agency relationship.
18. Contact Us
Questions about these Terms? Contact us at:
Magic Tilt Trailers, Inc. 4760 East Bay DriveClearwater, FL 33764
Phone: (727) 535-5561
Email: customersupport@magictilt.com