2. INTELLECTUAL PROPERTY RIGHTS
6. USER GENERATED CONTRIBUTIONS
12. THIRD-PARTY WEBSITE AND CONTENT
17. MODIFICATIONS AND INTERRUPTIONS
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
2. INTELLECTUAL PROPERTY RIGHTS
As a user of the Site, you agree not to: -
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- - Use any information obtained from the Site in order to harass, abuse, or harm another person.
- - Make improper use of our support services or submit false reports of abuse or misconduct.
- - Use the Site in a manner inconsistent with any applicable laws or regulations.
- - Engage in unauthorized framing of or linking to the Site.
- - Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- - Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- - Delete the copyright or other proprietary rights notice from any Content.
- - Attempt to impersonate another user or person or use the username of another user.
- - Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- - Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- - Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- - Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- - Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- - Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- - Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- - Use a buying agent or purchasing agent to make purchases on the Site.
- - Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- - Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- - Sell or otherwise transfer your profile.
- 6. USER GENERATED CONTRIBUTIONS
- The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities. It may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- - The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- - You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- - Your Contributions are not false, inaccurate, or misleading.
- - Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- - Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- - Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
- - Your Contributions do not violate any applicable law, regulation, or rule. - Your Contributions do not violate the privacy or publicity rights of any third party.
- - Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- - Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- - Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
- Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
- 7. CONTRIBUTION LICENSE
- By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
- This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted in your Contributions.
- We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- We have the right, in our sole and absolute discretion,
- (1) to edit, redact, or otherwise change any Contributions;
- (2) to re-categorize any Contributions to place them in more appropriate locations on the Site;
- and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
- 8. GUIDELINES FOR REVIEWS
- We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- (1) you should have firsthand experience with the person/entity being reviewed;
- (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability
- ; (4)
- your reviews should not contain references to illegal activity;
- (5) you should not be affiliated with competitors if posting negative reviews;
- (6) you should not make any conclusions as to the legality of conduct;
- (7) you may not post any false or misleading statements; and
- (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
- We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
- 9. MOBILE APPLICATION LICENSe
- Use Licens
- If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
- (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
- (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
- (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
- (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
- (5) use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
- (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
- (8) use the application to send automated queries to any website or to send any unsolicited commercial email;
- or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
- Apple and Android Devices
- The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
- (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
- (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
- (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
- (4) you represent and warrant that (i)
- you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and
- (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
- (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, you must not be in violation of their wireless data service agreement when using the mobile application; and
- (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
- 10. SOCIAL MEDIA
- As part of the Site's functionality, you may link your account with third-party service providers' accounts (each, a “Third-Party Account”) by either:
- (1) providing your Third-Party Account login information through the Site, or
- (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breaching any terms and conditions governing your use of the applicable Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that
- (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists, and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
- Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
- PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
- We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
- 11. SUBMISSIONS
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions and warrant that any such Submissions are original to you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- 12THIRD-PARTY WEBSITES AND CONTENT
- The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). These Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk and should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting from any Third-Party Content or any contact with Third-Party Websites.
- 13. ADVERTISERS
- We allow advertisers to display their ads and other information in designated areas of the Site, such as sidebars or banners. Advertisers are solely responsible for the content and services associated with their ads, as well as any products sold through those ads. Advertisers warrant that they have all necessary rights and authority to place advertisements on the Site, including intellectual property rights, publicity rights, and contractual rights. We merely provide the space for these advertisements and have no further relationship with advertisers.
- 14. SITE MANAGEMENT
- We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such users to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) remove from the Site or disable files and content that are excessive in size or burdensome to our systems; and (5) manage the Site to protect our rights and property and ensure its proper functioning.
- 15. PRIVACY POLICY
- We are committed to data privacy and security. Please review our Privacy Policy at: [https://trendplus.info/static/privacy](https://trendplus.info/static/privacy). By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The Site is hosted in the United States. If you access the Site from a region with laws governing personal data that differ from U.S. laws, you agree to transfer your data to and process it in the United States by continuing to use the Site.
- 16. TERM AND TERMINATION
- These Terms of Use remain in effect while you use the Site. We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason, including but not limited to breaches of these Terms of Use or applicable laws or regulations. We may terminate your use or participation on the Site or delete your account and any content you have posted at any time, without warning.
- If we terminate or suspend your account, you are prohibited from registering or creating a new account under your name, a fictitious name, or any third party’s name, even if you act on behalf of the third party. We also reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.
- 17. MODIFICATIONS AND INTERRUPTIONS
- We reserve the right to change, modify, or remove the content of the Site at any time or for any reason at our sole discretion, without notice. We are not obligated to update any information on the Site. We may also modify or discontinue all or part of the Site without notice at any time. We are not liable for any modifications, price changes, suspensions, or discontinuances of the Site.
- We cannot guarantee that the Site will be available at all times. Hardware, software, or other issues may cause interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms of Use obligates us to maintain, support, or supply corrections, updates, or releases for the Site.
- 18. GOVERNING LAW
- These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
- 19. DISPUTE RESOLUTION
- Informal Negotiations
- To expedite resolution and control costs of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt informal negotiations for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one Party to the other Party.
- Binding Arbitration
- If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those explicitly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), available at the AAA website: www.adr.org. Arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If these costs are deemed excessive by the arbitrator, we will cover all arbitration fees and expenses. Arbitration may be conducted in person, via document submission, by phone, or online. The arbitrator will issue a written decision, but need not provide reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if this is not adhered to. Arbitration will occur in New York, USA. Except as otherwise provided, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award.
- If a Dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the state and federal courts located in New York, USA. The Parties consent to and waive all defenses of lack of personal jurisdiction or forum non conveniens with respect to venue and jurisdiction in these courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply to these Terms of Use.
- Disputes related to the Site must be commenced within one (1) year after the cause of action arose. If this provision is found illegal or unenforceable, any Dispute falling within that portion will be decided by a court of competent jurisdiction in the listed courts, and the Parties agree to submit to that court’s jurisdiction.
- Restrictions
- Any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law:
- (a) no arbitration shall be joined with any other proceeding; (b)
- no Dispute may be arbitrated on a class-action basis or utilize class action procedures; and
- (c) no Dispute may be brought in a representative capacity on behalf of the general public or any other persons. *Exceptions to Informal Negotiations and Arbitration* The following Disputes are not subject to informal negotiations or arbitration: (a) Disputes seeking to enforce or protect intellectual property rights; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If this provision is found illegal or unenforceable, any Dispute in this category shall be decided by a court of competent jurisdiction, and the Parties agree to submit to that court’s jurisdiction.
- 20. CORRECTIONS
- The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update information on the Site at any time, without prior notice.
- 21. DISCLAIMER
- THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR ANY CONTENT LINKED TO THE SITE. WE ASSUME NO LIABILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, BUGS OR VIRUSES TRANSMITTED BY THIRD PARTIES, OR ERRORS OR OMISSIONS IN CONTENT AND MATERIALS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH THE SITE, ANY HYPERLINKED WEBSITES, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ADVERTISING. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN PURCHASING PRODUCTS OR SERVICES.
- 22. LIMITATIONS OF LIABILITY
- IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US DURING THE TWO (2) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION OR $20.00 USD. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- 23. INDEMNIFICATION
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from:
- (1) your Contributions;
- (2) your use of the Site;
- (3) breach of these Terms of Use;
- (4) any breach of your representations and warranties;
- (5) violation of third-party rights, including intellectual property rights; or
- (6) any harmful act toward another user of the Site. We reserve the right, at your expense, to assume exclusive defense and control of any matter you are required to indemnify us for, and you agree to cooperate with our defense of such claims.
- We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification.
- 24. USER DATA
- We will maintain certain data that you transmit to the Site for managing its performance, as well as data related to your use of the Site. While we perform regular routine backups, you are solely responsible for all data you transmit or that relates to your activities on the Site. We are not liable for any loss or corruption of such data, and you waive any right of action against us for such loss or corruption.
- 25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically via email or on the Site satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights or requirements under any laws that require an original signature or non-electronic records, or that mandate payments or credits by non-electronic means
- . 26. CALIFORNIA USERS AND RESIDENTS
- If your complaint is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
- 27. MISCELLANEOUS
- These Terms of Use and any policies or operating rules posted on or related to the Site constitute the entire agreement between you and us. Our failure to enforce any right or provision does not waive such right or provision. We may assign our rights and obligations at any time. We are not responsible for any loss, damage, delay, or failure to act due to causes beyond our reasonable control. If any provision is determined to be unlawful, void, or unenforceable, it is severable from these Terms of Use and does not affect the validity of the remaining provisions. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship. These Terms of Use will not be construed against us due to their drafting, and you waive any defenses based on their electronic form and lack of signature.
- 28. CONTACT US
- To resolve a complaint or receive further information regarding the Site, please contact us at: Trendplus Network Enterprise Africa: A3/39, Federal Housing Estate Olomore, Abeokuta Ogun State, Nigeria Phone: +234 9066851652 Email: info@trendplus.info North America: 36 Saint Johns Place, SOFU Freeport, NY 11520-4618 United States Phone: +1 651 877 6118 Email: info@trendplus.info © 2024 Trendplus an hour ago Write a message