TERMS OF USE

Welcome to Trending Real Estate’s web site which is owned and operated by Trending Real Estate, Inc. (hereinafter “Trending” or collectively “we,” “us,” or “our”). Please read these terms of use (“Terms of Use”) carefully before using the services of this site (the “Site”). THESE TERMS SET FORTH HEREIN ARE THE LEGALLY BINDING TERMS OF USE FOR YOUR USE OF THIS SITE AND THE RELATED SERVICES, FEATURES, APPS AND CONTENT OFFERED VIA THE SITE.

These Terms of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms of Use posted on the Site at the time of use. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email.

Privacy:

We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into this Agreement, by using this Site you agree to the terms of the Privacy Policy.

General Terms and Conditions:

Unless otherwise noted, the services on the Site are intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.

Eligibility:

You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (d) that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.

Your Account:

When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event will we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.

Transmitting Materials:

You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.

You agree that you will not harvest, collect or store information about the users of the Site or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.

Intellectual Property Rights/Artwork and Image Usage:

The Site, and all of its contents, including but not limited to articles, other text, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics, button icons, artwork, photographs, digital or computer-generated media (whether low or high resolution) and/or images are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material and Artwork are owned or controlled by Trending Real Estate, Inc. or by other parties that have provided rights thereto to Trending.

Trending hereby grants to users of the Site the limited right to use Proprietary Material and Artwork inside salons only, and only for purposes of professional sales support, preparation of deal sheets, education and user’s internal company newsletters. The use of this material is only permitted in conjunction with the Trending Brand and products.

Users of the Site shall not use Proprietary Material and Artwork, including but not limited to artwork, photographs, digital or computer-generated media (whether low or high resolution) and/or images depicting hair styles, hair care products, logos, trade names and trademarks, for any illegal, inappropriate, discriminatory or offensive purposes, nor shall it use Proprietary Material and Artwork to advertise and/or to promote its own business or ventures, nor shall it use Proprietary Material and Artwork for any consumer advertising purposes whatsoever, whether in local newspapers, advertising brochures or trade publications, on the internet, on cable, satellite or local television, or through any other media directed to retail consumers. Any use of Proprietary Material and Artwork for purposes of advertising directed to consumers is expressly prohibited.

Users of the Site hereby acknowledge and agree that any and all Proprietary Material and Artwork appearing on the Site is, and shall forever remain, the sole and exclusive property of Trending, and such Proprietary Material and Artwork may only be used with permission of Trending subject to the conditions, restrictions and limitations set forth herein. Users of the Site shall not contest Trending’s ownership of the Proprietary Material and Artwork, nor shall it contest the right of Trending to sell or license the Proprietary Material and/or Artwork to any person or entity for any lawful use or publication, nor shall it contest the exclusive right of Trending to publish the Proprietary Material and/or Artwork, and to cause the Proprietary Material and/or Artwork to be published, in any form of electronic, video or print media, including, but not limited to, magazines, publications, instructional manuals, videotapes, DVDs, compact discs, streaming video, streaming audio, podcasts, cable or satellite television, internet websites and/or CD ROMs.

Trending retains the right to demand that Users of the Site, prior to any use and/or dissemination of Proprietary Material and/or Artwork, provide Trending with proofs depicting any and all proposed usage of the Proprietary Material and/or Artwork. Upon demand, and prior to its use or dissemination of any Proprietary Material and/or Artwork, user shall immediately provide to Trending for its approval any copy, mock-ups, proofs or final layout depicting user’s intended use of the Proprietary Material and/or Artwork.  Trending agrees that it shall not unreasonably withhold its approval of user’s intended use of the Proprietary Material and/or Artwork.

Users of the Site hereby agree to defend, indemnify and hold Trending and its owners, officers, agents, employees and affiliates harmless from and against any and all claims or potential claims, whether for damages or otherwise, arising from, or in any way relating to, their use of Proprietary Material and/or Artwork.

Except as otherwise provided in these Terms of Use or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material and Artwork or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

Claims Regarding Copyright Infringement:

Notice: If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • 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 information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
  • 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
  • A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is: Ellie Wieder, Esq., 2600 West Olive Ave, Suite 1020, Burbank, CA 91505. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

Account Termination:

We may, in appropriate circumstances, terminate your account for the Site and any or all affiliate websites if you are a repeat infringer. If you believe that a user is a repeat infringer, please follow the instructions above to contact our Copyright Agent and provide information sufficient for us to verify that the user is a repeat infringer.

Third Party Websites and Links:

You may be able to link to third party Websites, services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.

Advertisements, Sponsorships, Co-Promotions and Other Partnerships:

We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.

No Solicitation Intended for Properties Currently Listed by Others:

Nothing in the Site is intended as solicitation if your property is currently listed or on the market.

No Guarantee of Accuracy of Property Information:

Trending does not guarantee the accuracy of square footage, lot size or other information concerning the property on the Site provided by the seller or obtained from public records or other sources.

Events:

You may be invited or asked to attend events we sponsor or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold us, our subsidiaries, agents, distributors and affiliates, and our officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events.

Use of Software:

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer device. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

Disclaimer:

VISITORS TO THE SITE AGREE THAT THEIR USE OF, AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH, THE SITE IS AT THEIR OWN SOLE RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE ALSO MAKE NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND WE HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS. WE AND OUR AFFILIATES DO NOT ENDORSE NOR SHALL WE OR THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE SITE BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN SUCH CAPACITY.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE SITE, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE SITE. YOU (AND NOT WE OR ANY OF OUR AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSON SUBSCRIBING OR USING THE SITE. THEREFORE, WE DECLINE ALL LIABILITY WHATSOEVER FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification:

By using the Site, you agree to defend, indemnify, and hold Trending and each of their respective members, officers, directors, employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of the Site or any service available on or through the Site, infringement of any Proprietary Material, or any violation by you of these Terms of Use, our Privacy Policy or any other policy posted from time to time on the Site applicable to your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

Limitation of Liability:

REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER GOODS OR SERVICES, OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY ARISING OUT OF OR RELATED TO: (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE ANY PLATFORM APPLICATIONS OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE; OR (ii) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE OR LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE. .

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

Termination:

We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.

Governing Law; General Information:

We control and operate the Site from our offices in the State of California, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the State of California, excluding its conflict of laws rules, and these Terms of Use, our Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Site resides in the courts of the County of Los Angeles, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, State of California, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use are the entire agreement between you and us with respect to the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.

Arbitration:

By using this Site, you agree that Trending at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in Los Angeles County, California; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with purchasing a product), and participant further waives all rights to have damages multiplied or increased.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Notices:

Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Trending Customer Service, 2600 West Olive Ave, Suite 1020, Burbank, CA 91505. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S, mail to your email or mailing address as appearing in our records from time to time.