TERMS & CONDITIONS
Please Read This Document Carefully. It Contains Very Important Information Regarding Your Rights and Obligations, Including Limitations and Exclusions That Might Apply to You.
This website (the “Site”) is owned and operated by TrendSeeder Corp. and/or its subsidiaries or affiliates (“TrendSeeder,” "we," "our," or "us") to the person accessing this Site ("you," "your"). Any membership you may establish on the Site and/or the purchase or use of any products or services available through this Site are governed by the Terms & Conditions of Use and Service posted (“Terms & Conditions”).
All information, tools and services available on this Site, to you, the user, are conditioned upon your acceptance of these Terms & Conditions. Your continued use of this Site constitutes your agreement to these Terms & Conditions. If you do not wish to be bound by these Terms & Conditions, please do not use this Site. Your access to, and use of, this Site is subject to the Terms & Conditions and all applicable laws and regulations. By accessing, using, and/or purchasing on the Site, you accept, without limitation or qualification, these Terms & Conditions. These terms and conditions are subject to change by us without prior written notice at any time, in our sole discretion. The latest version of the Terms & Conditions will be posted on this Website, and you should review these Terms & Conditions periodically. Your continued use of the Site constitutes your acceptance of any such revisions. These Terms & Conditions are an integral part of the Site that apply generally to the use of our Site. You cannot modify these Terms & Conditions. If you do not agree and accept, without limitation or qualification, these Terms & Conditions, you must stop your use and exit the site immediately.
1. PERMITTED USE AND ACCESS
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by TrendSeeder, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.
TrendSeeder grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. TrendSeeder or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in TrendSeeder’s sole discretion. TrendSeeder strictly prohibits any other use of any content available through the Site, including but not limited to:
(a) any downloading, copying or other use of the content or the Site for purposes competitive to TrendSeeder or for the benefit of another vendor or any third party;
(b) any caching, unauthorized linking to the Site or the framing of any content available on the Site;
(c) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
(d) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
(e) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
(f) any action that imposes or may impose (in TrendSeeder’s sole discretion) an unreasonable or disproportionately large load on TrendSeeder’s infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by TrendSeeder.
TrendSeeder reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. TrendSeeder neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with TrendSeeder. Termination of your access or use will not waive or affect any other right or relief to which TrendSeeder may be entitled, at law or in equity.
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing TrendSeeder or its services and products.
This site is not directed at children and you may not use this site if you are under the age of thirteen.
You may establish membership on the TrendSeeder Site. At a minimum, enrollment requires you to (a) indicate agreement to these Terms & Conditions, (b) provide contact information and identification details, and (c) submit any other form of authentication required as part of the enrollment process, in TrendSeeder’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
You shall not use your TrendSeeder membership for any purpose competitive to TrendSeeder. You will notify TrendSeeder immediately by emailing support@TrendSeeder.com of any unauthorized use of your TrendSeeder membership or the TrendSeeder Site known to you, whether by you or a third party.
You may cancel your TrendSeeder membership at any time by contacting TrendSeeder customer support as specified on the “Contact Us” page on the TrendSeeder Site.
TrendSeeder may, without cause or prior notice, and without liability to you or any third party, immediately terminate your TrendSeeder membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms & Conditions. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies TrendSeeder may have at law or in equity.
TrendSeeder may terminate your membership and refuse any and all current or future use of the TrendSeeder Site or other services, or any portion thereof, (a) in order to comply with applicable law, (b) if you provide any information that TrendSeeder determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (c) if TrendSeeder determines, in its sole discretion, that you are using your TrendSeeder membership in a manner not permitted by these Terms & Conditions, or (d) in other circumstances, as TrendSeeder deems appropriate in its sole discretion.
Termination of your TrendSeeder membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. TrendSeeder shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
4. USER-SUBMITTED CONTENT
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:
(a) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
(b) may contain software viruses or malware;
(c) contains advertisements or solicitations of any kind, or other commercial content;
(d) is designed to impersonate others;
(e) contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
(f) contains messages by non-spokesperson employees of TrendSeeder purporting to speak on behalf of TrendSeeder or containing confidential information or expressing opinions concerning TrendSeeder;
(g) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
(h) contains multiple messages placed within individual folders by the same user restating the same point;
(i) contains chain letters of any kind; or
(j) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (1) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (2) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (3) sending messages to distribution lists, newsgroup aliases or group aliases.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TrendSeeder employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
5. INTERATION WITH OTHER USERS
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release TrendSeeder (and TrendSeeder's officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
6. ELECTRONIC COMMUNICATIONS
When you use the Site or send emails to TrendSeeder, you are communicating with TrendSeeder electronically. You consent to receive electronically any communications related to your use of this Site. TrendSeeder will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from TrendSeeder intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the TrendSeeder Site.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
7. SITE PROVIDED EMAIL AND POSTINGS
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. TrendSeeder is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. TrendSeeder, in its sole discretion, may monitor, not post or remove any such content.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with TrendSeeder. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. TrendSeeder is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, limit or cancel your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge.
Once an order has been placed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
TrendSeeder attempts to provide accurate descriptions of products on the TrendSeeder Site. TrendSeeder does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the TrendSeeder Site is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.
Changes in Products and Pricing
We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice. All pricing for the Products is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.
Products featured on TrendSeeder will only be available if the minimum quantity is sold within the allotted time period. TrendSeeder cannot guarantee that any of the products will be available or that the minimum quantity will be met. In addition, TrendSeeder cannot guarantee that the designer or the manufacturer will be able to deliver the product. Should this happen, TrendSeeder will notify you via email, cancel the order and refund your purchase price for the product.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows. At the time you place your order, you will be required to pay one hundred percent (100%) of the amount due, including shipping fees and taxes. Please be aware that because of the “pre-sale” nature of the transactions on our Website, you should expect a delay of approximately eight (8) weeks between the date you place your order and the date that the Product is ready for shipment.
We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of those processors. Further, you represent and warrant that: (a) the credit card information you supply to us, our vendors, and our affiliates is true, correct, and complete; (b) charges incurred by you will be honored by your credit card company; and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Payments may be in United States dollars, British pounds or euros. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
Taxes / Duties
TrendSeeder is currently obligated to collect sales tax in New York. Each state's tax laws specify what purchases are subject to sales tax.
Important Sales Tax Information for Oklahoma, Vermont, and South Dakota Customers: TrendSeeder is not obligated to, and does not, collect Oklahoma, Vermont, or South Dakota sales tax. Your purchase is subject to Oklahoma, Vermont, and South Dakota sales tax unless it is specifically exempt from taxation. The purchase is not exempt merely because it is made over the Internet or by other remote means. The States of Oklahoma, Vermont, and South Dakota requires Oklahoma, Vermont, and South Dakota purchasers to report all purchases that were not taxed and pay tax on those purchases. The tax may be reported and paid on the individual income tax return or by filing a consumer use tax return.
If you are shipping outside the United States on a DDP (Delivery Duty Paid) basis, all relevant import taxes and duties will be charged at such time the product is purchased.
If you are shipping outside the United States on a DDU (Delivery Duty Unpaid) basis, no taxes or duties will be charged by us. As the recipient, you will be liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these amounts will be necessary to release your order from customs on arrival.
Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon delivery by manufacturer and designer and will vary depending on receipt of Product by TrendSeeder.
The shipping cost is free for most orders shipping within the contiguous United States. For international orders the shipping cost will be determined on a case by case basis. Oversized or special delivery items may be subject to a delivery charge in addition to the above standard shipping rate.
TrendSeeder uses FedEx to ship most of its orders. We are not able to reship packages that are returned to us by the carrier. All undelivered packages will be processed as a return. Please take this into consideration when selecting your shipping address for an order
These shipping terms are accepted by you by placing an order with us.
10. RETURN POLICY
We want all of our customers to be happy with purchases made through our Site. Please be aware of the following return policy.
All products are returnable. Products must be returned in unused, unworn, unwashed, unaltered, and undamaged condition, with all tags still attached. Such Products must be returned in their original packaging, including any boxes, hangers, garment bags and other signature packaging materials. Free shipping is offered on all items eligible for return within the United States. For all international returns there will be a return shipping fee charged, which will be determined on a case by case basis. Eligible Product must be returned within 14 days of receiving the item. You will be provided with a pre-paid FedEx domestic label to return the Product. Please use the return label and ship from within the contiguous United States.
If you request a refund in the original form of payment and used any TrendSeeder credits to purchase such item, those TrendSeeder credits will be reinstated in lieu receiving a refund for that portion of the purchase. If the credit card used in connection with the purchase is expired or invalid, we will issue a check to the billing address on the credit card. If any promotional discount was applied at the time of purchase, you will be refunded for the actual amount paid at time of purchase.
If the return is due to an item being delivered damaged or an incorrect item being shipped to you, you will also be refunded for the original shipping charges you paid at the time the order was placed. Please indicate if your item was damaged or incorrect while creating your return or by contacting ourCustomer Support. To initiate a return, please follow our return procedure.
11. REFERRAL CREDIT PROGRAM
TrendSeeder may offer members the ability to earn credits toward future purchases on the TrendSeeder Site when they invite friends to become members of a TrendSeeder Site and those friends make a qualifying purchase in the required timeframe. You may only earn credits via TrendSeeder’s authorized member invite mechanism. Referrals outside of TrendSeeder authorized channels will not result in any referral credit. You understand that referral credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires two (2) years after issuance. If your friend does not follow the directions in the invite email to accept the invitation, you may not receive credit, and TrendSeeder will have no liability to you for your friend’s failure to follow directions. You agree that having multiple TrendSeeder accounts is a violation of these Terms & Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent TrendSeeder’s referral program system may, without limiting any other TrendSeeder rights or remedies, result in forfeiture of your membership and all referral credits in your account. TrendSeeder reserves the right to void referrals and credits earned if it suspects that the referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms & Conditions or in a manner otherwise not intended by TrendSeeder. You must not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of TrendSeeder, including by using any trademarks of TrendSeeder.
Credits will appear in your account within approximately 24 hours after five (5) of your friends have joined TrendSeeder. Credits earned via TrendSeeder may only be used on the TrendSeeder Site and may not be used toward the purchase of a Gift Card or on any other website affiliated with TrendSeeder.
The referral credit program is void where prohibited by law. TrendSeeder reserves the right to modify or terminate the referral credit program at any time, although credits accrued shall be valid for two (2) years from the date of posting. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the credits you have actually earned. TrendSeeder will have no liability for any errors displayed in your account.
12. CONTESTS AND PROMOTIONS
On occasion TrendSeeder issues promotional codes, site credits, coupon codes and similar “gift certificates” to members and non-members in the form of alphanumeric codes that will provide a credit towards a TrendSeeder.com purchase when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, TrendSeeder reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain financial value, generally the price of the item for which the promotional code is used. Multiple promotional codes or credits may not be used for one order transaction. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. TrendSeeder shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS & CONDITIONS, OR REQUIRED BY APPLICABLE LAW, TRENDSEEDER MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF TRENDSEEDER MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE TRENDSEEDER SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TRENDSEEDER DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE TRENDSEEDER SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRENDSEEDER. TRENDSEEDER IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE TRENDSEEDER MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE TRENDSEEDER SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER TRENDSEEDER NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“TRENDSEEDER GROUP”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR TRENDSEEDER MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS); (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE TRENDSEEDER SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRENDSEEDER GROUP HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER TRENDSEEDER NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH TRENDSEEDER IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND TRENDSEEDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless TrendSeeder from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by TrendSeeder and such parties, and shall defend TrendSeeder and such parties against any and all claims arising out of (a) your breach of these Terms & Conditions; (b) fraud you commit, or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S. of foreign law or the rights of a third party. TrendSeeder will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of TrendSeeder.
17. PASSWORD PROTECTED SITE FEATURES
Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify TrendSeeder immediately. TrendSeeder may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
18. TRADEMARKS AND COPYRIGHTS
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of TrendSeeder or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of TrendSeeder or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without TrendSeeder’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without TrendSeeder’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.
19. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
TrendSeeder respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that TrendSeeder has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or TrendSeeder members who are repeat copyright infringers. TrendSeeder may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TrendSeeder’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and, if available, email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
TrendSeeder’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent c/o TRENDSEEDER CORP
55 West 25th Street, Suite 26B
New York, New York 10010 USA
TrendSeeder may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
20. SURVIVAL OF TERMS
Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms & Conditions.
21. FORCE MAJEURE
TrendSeeder shall be excused from performance under these Terms & Conditions, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (a) weather conditions or other elements of nature or acts of God, (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (c) quarantines or embargoes, (d) labor strikes, or (e) other causes beyond the reasonable control of TrendSeeder. In the event that TrendSeeder is temporarily unable to ship to you a purchased item because of such an event, TrendSeeder will give you the option of deferring shipment or receiving a refund of your charges.
From time to time, TrendSeeder may offer special promotional offers that may or may not apply to your TrendSeeder account. You agree to be bound by any additional terms and conditions for these special offers.
If any of the provisions set forth in these Terms & Conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms & Conditions. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms & Conditions and the relationship between you and TrendSeeder will be governed by the laws of the State of New York without regard to its conflict of law provisions.
The failure of TrendSeeder to act with respect to a breach of these Terms & Conditions by you or others does not waive TrendSeeder’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
TrendSeeder does not guarantee it will take action against all breaches of these Terms & Conditions. Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.
23. CHANGES TO THESE TERMS & CONDITIONS
You acknowledge and agree that TrendSeeder may, in its sole discretion, modify, add or remove any portion of these Terms & Conditions at any time and in any manner, by posting revised Terms & Conditions. You may not amend or modify these Terms & Conditions under any circumstances. The current version of these Terms & Conditions is available atwww.trendseeder.com. It is your responsibility to check periodically for any changes we make to the Terms & Conditions. Your continued use of this Site after any changes to the Terms & Conditions means you accept the changes.
You may not assign these Terms & Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of TrendSeeder, which may be withheld at TrendSeeder’s sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void. TrendSeeder may assign these Terms & Conditions, in whole or in part, to any third party in its sole discretion.
25. Entire Agreement and Admissibility
In some instances, both of these Terms & Conditions and a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms & Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
A printed version of these Terms & Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
26. HOW TO CONTACT US
If you have any questions or comments about these Terms & Conditions or this Site, please contact us by email at support@TrendSeeder.com. You also may write to us at:
55 West 25th, Suite 26B
New York, New York 10010
Effective Date: July 4, 2012