Terms of Use

These are the terms of use (“Terms”) for Trends International, LLC, Trends International Publishing Corporation, Total Retail Services, and Trend Global Mexico (collectively “Trends International,” “we,” “us,” “our”) which govern your use of our various services, including, but not limited to, when you access our websites including https://www.trendsinternational.com/, https://shoptrends.com/, https://www.gallerypops.com, https://www.trendsinternational.ca, https://shoptrends.ca, https://www.gallerypops.ca, (individually or collectively “Website”), download or access our mobile application, login to your account, shop for products on our Website, subscribe to our newsletter, submit artwork, apply for employment with us, participate in one of our training programs, access any other digital or online product, program, or service provided by us, or otherwise access, use, or purchase our goods or services (collectively, “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW. PLEASE NOTE YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

1. Your Acceptance of the Terms

Please be aware that these Terms constitute a binding legal agreement between you and Trends International outlining your legal rights, obligations, and remedies arising from your use of the Services. You agree you are responsible for your use of the Services and any consequences resulting from your use of the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Services.

You may use the Services only if you can form a binding contract with Trends International and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to these Terms. If you reside in a jurisdiction that restricts the use of the Services because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits, and you must not use the Services.

By accessing or using the Services, you, the user, represent and warrant that you have the right, authority, and capacity to enter into this agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, including the Trends International Privacy Policy, which can be accessed at https://trendsinternational.com/privacy-policy and is hereby incorporated by reference. These Terms apply to anyone who accesses or uses the Services, whether or not you have registered for an account with Trends International. By using the Services you agree you accept the terms and conditions of the Terms and Privacy Notice, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Trends International may permanently or temporarily stop providing the Services, and may not provide you with prior notice.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

2. Privacy

Trends International knows you care about your privacy. Any information you or other users provide to Trends International or which we collect about you or others is subject to our Privacy Policy. To learn more about how Trends International collects, uses, retains, and discloses your information, please review Trends International’s Privacy Policy at https://trendsinternational.com/privacy-policy.

3. Eligibility To Use The Services/Minors

The Services are intended for legal use by adults only and is not directed to and may not be used by children under the age of 16. If you are under the age of 18, or such higher age as may be required in your country to form a binding contract, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. You may not use the Services in any manner if you are under the age of 16 and any registration by anyone under 16 is void.

By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 16 years of age; (2) that you have not previously been suspended or removed from the Services; (3) that a parent or legal guardian has agreed to your use of the Services if you are less than 18 years old; and (4) that your use of the Services is in compliance with any and all applicable laws and regulations and these Terms, including our Privacy Policy.

4. Your Representations & Warranties to Trends International

By using the Services, you represent, warrant, and covenant:

You will only use the Services for lawful purposes, and you will not use the Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
You will not use the Services to cause nuisance, annoyance or inconvenience;
You will not impair the proper operation of the Services, Website or any network which is used to support or access the Services or Website;
You will not try to harm the Services in any way whatsoever;
You will not copy, or distribute the Services or other content without written permission from Trends International;
You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
You will keep secure and confidential your account password or any identification we may provide you which allows access to the Services; and
You will provide us with whatever proof of identity we may reasonably request.

5. Accounts & Registration

Registering for a Website Account: In order to use or access certain Services or features of the Website, you may be asked to register for a user account (a “Website Account”) and become a registered user of the Website (a “Registered User”). By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Website Account you register, and for any actions that arise from or take place using your Website Account, whether or not you have authorized such actions or use; and (5) immediately notify Trends International of any unauthorized use of your Website Account. Failure to abide by these Terms constitutes a breach of our agreement, which may result in immediate termination of your Website Account.

Your Website Account Information: You may not select or use a Website Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and Trends International; or (4) that, in Trends International’s sole discretion, is offensive, vulgar, or obscene. Trends International reserves the right to refuse registration of a Website Account, or cancel any account name, in its sole discretion.

Trends International Termination of Access to the Services: Trends International maintains the right to suspend or disable your access to the Services and any Website Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if Trends International otherwise determines such action is warranted. Trends International reserves the right to revoke your access to and use of the Services at any time, with or without cause, whether or not you have established a Website Account or are a Registered User.

The Cancellation of Your Website Account or Use of the Services: You may cancel your Website Account or your access to the Services at any time by contacting Trends International using the information below. Upon cancellation of your Website Account, Trends International will use your personal information in a manner consistent with the Trends International Privacy Policy.

6. User Conduct

As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by Trends International as a typical or expected use of the Services consistent with the purposes for which the Services were created. You specifically agree you will not do any of the following:

Use the Services for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law;
Abuse, harass, threaten, impersonate, or intimidate others;
Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that Trends International or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by Trends International in its sole discretion;
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any other user of the Services;
Create or submit unwanted email (“Spam”) to any other user or any URL;
Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
Bypass any measures we may use to prevent or restrict access to the Services;
Interfere with the operation of the Services or any user’s enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about other users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
Share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your Website login information, or password, or otherwise permit any other person to access the Services using your information, login, or password.
Use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, content, code or program, available to others, in whole or part;
Interfere with security features of the Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract a source code of the Services, Website, any program, or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.

7. Content & Licenses

Content Definitions

There are various types of content involved in providing and operating the Services. Throughout the remainder of these Terms, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services. “Company Content” means Content that Trends International makes available to you through the Services, including Content owned by Trends International or licensed to Trends International from a third party. “Collective Content” collectively refers to all of the Content available through the Services.

Content Ownership

All Company Content is owned by Trends International or its third party licensing partners. Your use of the Services does not grant you any rights to the use or control of any of Company Content, except those rights expressly granted by these Terms. Any copying, republication, redistribution, or creation of derivative works based upon the Company Content, including by caching, framing or any similar means, without the prior written consent of Trends International is strictly prohibited.

The Services and the Company Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Trends International and its licensors exclusively own all right, title and interest in and to the Services and the Company Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Company Content. Trends International or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the Company Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Website, and copyrighted works associated with the Services is common law and/or registered copyrights, trademarks, and/or trade dress of Trends International.

You should assume that everything you read or see on the Website or while using the Services is copyrighted or otherwise protected and owned by Trends International, or a third party who licensed the right to use such content to Trends International. Unless otherwise expressly noted, nothing that you read or see on the Services or other Collective Content, or any of the source code or HTML code that Trends International uses to generate the Website or any other Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Trends International or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.

No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Trends International’s prior written permission. You may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.

Trends International is not the publisher or speaker of any information on the Services provided by third party content providers, and Trends International is not liable for any claims related to such information. Any mention in the Services of products or websites provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Trends International. Trends International assumes no responsibility for those products or services.

Trends International License to You

Subject to your compliance with these Terms, Trends International grants you, to the extent, it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Services and the Collective Content as intended.

You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission of Trends International, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by Trends International at any time without notice and with or without cause.

8. Third Party Advertising & Marketing

Trends International may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Services, and via other mechanisms to provide such materials to you outside of the Services such as on third party websites or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from Trends International and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. Trends International may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services. You may have additional right regarding your personal information as indicated in our Privacy Policy.

9. Intellectual Property

Trends International and its licensors and partners own all rights, titles, and interests in and to the Services, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services (collectively, the “Company IP”). The Company IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in the Company IP, including use of any the Company IP as part of third-party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.

These Terms are not a sale and does not convey to you any rights of ownership in or related to the Services, or any Company IP. The Trends International name, the Trends International logos, and designs, and the product and service names associated with the Services are trademarks of Trends International or its affiliated third parties, and no right or license is granted to you by these Terms to use the Company IP for purposes not directly related to your use of the Services.

10. Linking & Framing

Trends International grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Website, so long as the links do not portray Trends International its products or services in a false or misleading manner. You may not use any of Trends International logos or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Website or any of its content is prohibited without the prior written consent of Trends International.

The Services may contain links to third-party websites or resources, such as Instagram, LinkedIn, Pinterest, YouTube, Twitter, and Facebook. You acknowledge and agree that Trends International is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Trends International of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that Trends International shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. Email Notifications

As part of your use of the Services, you may be asked to elect to receive certain email notifications from Trends International and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Trends International related to the Services. You may opt-out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Services announcements or notifications even if you have opted-out from other messages.

12. Notices

You consent to receive from Trends International all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, “Notices”) electronically. Trends International may provide such Notices by posting them on or within the Website, by electronic mail to your email address on record in Trends International account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding Trends International and other entities by electronic means to your mobile device and that certain information about your usage of the Website may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device.

13. Termination

Trends International may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. Trends International may also impose limits on certain services, features, or Content, or restrict your access to parts or all of the Website with or without notice to you.

Trends International may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.

Trends International may also remove or disable access to any Collective Content and suspend or ban your access to the Services or any Trends International account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact Trends International using the information below. You are solely responsible for your interactions with other users of the Services. Trends International reserves the right but has no obligation, to monitor disputes between you and other users.

You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to Trends International. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of these Terms and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of these Terms, which by their nature should survive termination, shall survive the termination of this agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

14. Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

15. International Use

The Services is controlled and operated by Trends International from within the United States. Trends International makes no representations that materials contained within the Services is appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.

16. Indemnity

You shall indemnify and hold harmless Trends International its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Services, use of the Services, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.

17. Warranty Disclaimers

You acknowledge that Trends International has no control over, and no duty to take any action regarding: (1) which users gain access to the Services; (2) what effects the Content or the Services may have on you; (3) how you may interpret or use the Content or the Services; or (4) what actions you may take as a result of having been exposed to the Content or the Services.

You release Trends International from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Trends International makes no representations concerning any content contained in or accessed through the Services, and Trends International will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Trends International makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Trends International cannot guarantee that you will obtain the results you seek or warrant that the Services will be error-free. Trends International makes no representation or warranty of any kind with respect to the use of Services or the use or accuracy of the information on the Services.

USER ACCESSES THIS SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY TRENDS INTERNATIONAL ARE HEREBY DISCLAIMED. NEITHER TRENDS INTERNATIONAL NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF TRENDS INTERNATIONAL, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL TRENDS INTERNATIONAL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE SERVICES.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER TRENDS INTERNATIONAL NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THESE TERMS OR IN CONNECTION WITH USE OF THE SERVICES OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

The “Disclaimer” and “Limitation of Liability” provisions of these Terms are for the benefit of Trends International as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

19. Claims, Choice of Law and Forum, Dispute Resolution

Timing of a Claim/Banned Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned.

In any action or proceeding to enforce or interpret these Terms, each party shall bear its own costs and expenses.

Controlling Law & Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Indiana without regard to or application of its conflict of law provisions or your state or country of residence. To the extent permitted pursuant to these Terms, all claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Marion County, Indiana, United States, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and you irrevocably and unconditionally consent to the jurisdiction of and venue in such courts and waive any objection as to personal jurisdiction, inconvenient forum, or any other right you may otherwise have to cause any such claim, legal proceeding, or litigation to be brought or tried elsewhere. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to these Terms.

Good Faith Dispute Resolution

Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

Arbitration

If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Marion County, Indiana in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.

The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.

The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.

Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).

Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor Trends International will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Waiver of Jury Trial

Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.

20. General Terms

Entire Agreement

The Terms, including the incorporated Trends International Privacy Policy, and all updates thereto constitute the entire agreement between you and Trends International regarding your use of and access to the Services. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Website or other Services.

Waiver & Severability

The failure of Trends International to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then (i) that provision will be limited or eliminated to the minimum extent necessary, (ii) the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision in the context of the entire Terms, and (iii) the remaining provisions of these Terms will remain in full force and effect.

Interpretation

Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved. Where the context so permits, words used herein in the singular shall include the plural and vice versa.

Transfer & Assignment

These Terms and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of Trends International. Trends International may assign these Terms upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Website. These Terms shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

No Independent Contractor or Joint Venture

The parties shall be independent contractors under these Terms, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

21. Changes to Our Terms

Trends International may modify these Terms from time to time. The most current version of these Terms will govern your use of the Services and will be located at https://trendsinternational.com/terms-of-use. We will notify you of material changes to these Terms by posting a notice at the Website. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.

22. Contact Trends International

Trends International Publishing Corporation
2679 Bristol Circle Unit 8
Oakville, Ontario L6H 6Z8
Canada

E-Mail: [email protected]

Phone: (800) 667-8500