Welcome to TrendInsight360.com (hereinafter referred to as “Site” “we,” “us,” or “our”). Before you use this website, please read these terms and conditions as they govern your use of this website (“Agreement”), and this is a legal agreement. When you use this website you agree to be bound by these terms and conditions. Your use of the website and the products and services provided through or in connection with the website (collectively, “Service”) is governed by the terms and conditions described in this Agreement. We may also offer other services that are governed by different terms and conditions. You must read and agree with all of the terms and conditions contained in this Agreement and the posted Privacy Policy then in effect (“Privacy Policy”), which is incorporated by reference before you use the Service. Do not use or access the service if you do not agree to be bound by the terms and conditions of this Agreement. You must be 18 years of age to use our Services.
We have included a binding arbitration provision and limitation of right to participate in any Class Action case that maybe brought in which we are a named party. It is important that you review these provisions and the entire agreement carefully.
1. USER AGREEMENT.
By using this website, you agree to be bound by and to comply with these Terms and Conditions and the posted Privacy Policy which is incorporated herein as though fully set forth herein. This is a marketing website, and our technology will forward you to one of our participating advertisers for further information on their products and services. When you are on their site, the terms and conditions and privacy policy will be different than ours and you should review those policies and terms as they are binding on you.
PLEASE NOTE WE ARE NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE. UPON ENTRY INTO AN PARTICIPATING ADVERTISERS’ WEBSITE LINKED THROUGH OUR WEBSITE, YOU SHOULD CAREFULLY REVIEW THE PRIVACY POLICY AND TERMS AND CONDITIONS OF USE OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION AS THOSE POLICES AND TERMS WILL DIFFER FROM THESE.
2. SERVICES.
Again, this website is an online network marketplace. You may have been referred to this website by a third party who was unable to assist you in a request, in which case we may or may not have advertisers within our network that have similar products or services. In all cases, we believe that the advertisers who participate in our Services will have products and services that may be of interest or benefit you. We are not acting as an agent of the website from which you were redirected from. In some instances, we may pay a fee for that website to direct you to ours. We do not charge you a fee to use the website. Similarly, we may redirect you to another party’s website. We receive compensation for this action. However, you agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the advertiser’s products and services.
3. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
If you don’t agree to these Terms of Use, don’t use the Service. We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms and Conditions and the posted Privacy Policy, which appear on this website at any time for any reason which change, modification or alteration is effective upon posting on the website without further notice to you. It is your responsibility to review the Terms and Conditions and the posted Privacy Policy, for changes periodically. Your continued use of the website or submission of information following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.
4. THIRD PARTY CONTENT/PROMOTIONS, PRODUCTS AND WEBSITE ACTIVITIES.
The website displays and makes available to you content, promotions, advertisements, and offers provided by third parties (“Third Party Promotions”), as well as goods and services offered by third parties (“Third Party Products”). You understand and agree that we shall not be responsible and shall have no liability for any Third-Party Promotion or Third-Party Product or for your activities on any third-party websites for whom we display offers (“Third Party website Activity”). If you choose to participate in or click on a Third-Party Promotion, purchase and/or use a Third-Party Product, or participate in a Third-Party website Activity you do so solely at your own risk.You agree that your sole remedy in connection with any Third-Party Promotion, Third Party Product or Third Party website Activity will be with the applicable Third Party offering the Third Party Promotion, Third Party Product or Third Party website Activity and that you shall have no remedy against us arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party website Activity.
5. RELATIONSHIP WITH MARKETING PROVIDERS.
This is an independent website and is not affiliated with any of the listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this website. Furthermore, participating advertisers are independent third parties and this website is not acting as a principal, agent or broker with respect to any providers. As between us and third-party participating advertisers, we are independent contractors to each other with neither having control over the other.
6. LINKED WEBSITES.
You will be able to link to third parties’ websites (“Linked websites”) from our website. Please know that any Linked websites are not, however, reviewed, controlled or examined by Site in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked websites, or any additional links contained therein. Except as otherwise noted on our website, these links do not imply Site endorsement of or association with the Linked websites. In no event shall Site be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked websites, the Linked websites themselves, your participation in activities on such Linked websites, or the information, material, products or services accessed through these Linked websites. You should direct any concerns to that website’s administrator or webmaster. We reserve the exclusive right, in our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked websites from the website and/or introduce different features or links.
7. PROHIBITED USER CONDUCT.
a. You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the website or any linked website. You are prohibited from accessing or attempting to access private areas of the website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
b. You are prohibited from using any data, content, and any information provided or used on the website, as well as your use of our website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Site; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any website content; or except as otherwise expressly permitted on the website, use any information you may obtain from the website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
8.INTELLECTUAL PROPERTY RIGHTS.
The website contains intellectual property owned by Site and other parties. As between Site and you, Site is the sole owner of the website and all materials on or available through the website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the website content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the website content solely for your personal, non-commercial use or records, provided that any Site or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the website content unless you first obtain prior written consent from Site — and from all other entities with an interest in the relevant intellectual property.
9. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, Site is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the website or by any of the equipment or programming associated with or utilized in connection with the website or the products or services provided on or through the website, or by any technical or human error which may occur in the processing of information received by Site. Site assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the website. Site is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the website or website Content.
OUR WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SITE, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SITE DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITATION OF LIABILITY.
IN NO EVENT WILL SITE, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
11. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. MONITORING WEBSITE USAGE.
You agree that we may electronically monitor the website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the website; or (iii) to protect Site rights or the rights of the users, sponsors, providers, licensors, or merchants. You further agree that we may use any technology available to us to monitor your path through the website as well as delivery from and two third party websites. Such monitoring is necessary to ensure functionality of our website and links as well as payment tracking between all parties.
13. INDEMNITY.
You agree to defend, indemnify and hold Site, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the website and or website Content, any information provided to you by the website, or any violation of these Terms and Conditions by you.
14. RELEASE.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE SITE AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
YOU ALSO AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; “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 IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15. DEALINGS WITH THIRD PARTIES.
Your interaction or business dealings with any third parties as a result of your use of this website and participation in our Service, including, but not limited to, business dealings with participating advertisers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of any link through to such third party on our website.
16. DISPUTE RESOLUTION – CLASS ACTION LIMITATION.
AS NOTED ABOVE, YOU AND WE AGREE ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH SITE.
This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Los Angeles, California. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house Provider) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, Los Angeles County, or the United States District Court for the Central District of California.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND SITE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SITE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
17.WAIVER AND SEVERABILITY OF TERMS.
The failure by Site to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
18. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and Site and governs your use of the website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Site services, affiliated services, third party content or third-party software.
19. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.