TERMS AND CONDITIONS
This website, www.Trendiam.com, its relevant microsites and subdomains, mobile website and other Trend I Am’s tools directly connected to www.Trendiam.com (jointly referred to as the “Site”), is owned and managed by Trend I Am LLC. (“Trend I Am”), a wholly owned subsidiary of Trend I Am Corporation, as a service to customers in the best interest of all Trend I Am’s Corporation affiliates. These Terms and Conditions shall manage and govern your use of the Site.
PLEASE BE INFORMED THAT YOUR ACCESS AND USE OF THE SITE IN WHATEVER MANNER, WHETHER BY BROWSING, TAKING PART IN AN ONLINE OBLIGATION, PROMOTION OR MAKING A PURCHASE, REPRESENTS YOUR ACCEPTANCE AND APPROVAL TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS.
Trend I Am reserves the sole right to modify or update these Terms and Conditions at any time, with or without prior notification. Your access and use of the Site after such modification and update has been made constitutes your approval and acceptance of the Terms and Conditions.
Trend I Am suggests that you frequently review these Terms and Conditions.
IF AT ANY OCCASION YOU DO NOT CONSENT TO THESE TERMS AND CONDITIONS, OR CANNOT COMPLY WITH ANY STIPULATION OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT, AND ARE NOT ALLOWED TO ACCESS OR USE THIS SITE.
USE OF THIS SITE
All materials found and accessed on the Site, including but not limited to the page headers, text, images, patterns, logos, designs, illustrations, photographs, icons, programs, and audio or video clips (collectively referred to as the “Contents”) are strictly meant for personal, non-commercial purchases. You are allowed to access, view, download, print or copy the Contents and other materials published on the Site strictly for your personal use; provided, however, that you:
- retain all trademark, copyright or other proprietary rights contained on all the contents;
- do not alter or modify the Contents in any way; and
- do not make available or provide the Contents to any third party.
No title, right or interest in any viewed, downloaded or copied Content is transferred to the customer as a result of the access to and use of the Site. Trend I Am reserves all title, right or interest, and full intellectual property rights in any Content you access on this Site.
Except as detailed above, you may not download, copy, reproduce, publish, distribute, transmit, display, modify, create derivative works from, or in any way manipulate the Content or the Site without the prior written permission of Trend I Am LLC.
Trend I Am may change, terminate, suspend or discontinue your use or access to any section of the Site at any given time with or without notifying you. Trend I Am also reserves the sole right to block access to the Site to or disallow anyone from using the Site for any reason and at any time.
SITE SECURITY AND COMPLIANCE WITH LAWS
You consent to use the Site for lawful purposes only. Hence, you are strictly prohibited from breaching or attempting to violate the security set up of the Site, including, without limitation:
- accessing or viewing information not explicitly meant for the user or logging onto a server or an account which you do not have permission to access;
- attempting to investigate, scan or test the weakness of the system or network or to bypass security or authentication measures without due permission;
- attempting to disrupt the service to another user, network or host, including without limitation, through means of submitting a virus to the Site, Site overloading, “flooding,” “spamming,” “mailbombing,” or “crashing,” or
- relaying or distributing unsolicited email, including promotional messages about products or services.
Furthermore, you consent not to represent in a wrong manner your identity while using the Site or the Media channels. You also consent not to disrupt or attempt to disrupt the proper functions of the Site.
PRICING AND PRODUCT INFORMATION
While Trend I Am makes every effort to ensure the accuracy and preciseness of product and pricing information, typographical errors and unintentional pricing may occur at sometimes. Trend I Am reserves the right to correct any errors, omissions or inaccuracies and to change or modify information (including without limitation, information pertaining to text, availability, pricing and description of products) at any time and without any prior notice (including after you have submitted your order and confirmation have been subsequently received).
In a case whereby a product is listed at an incorrect price or with inaccurate product information, Trend I Am shall have the sole right in its discretion, to reject or cancel any order placed for such products. If your credit card has been billed for any order which is subsequently withdrawn, Trend I Am will refund your credit card. We at this moment apologize for any of such occurrence and for the inconvenience this may cause you.
Trend I Am strives to provide reasonably low prices on the Site and stores. Nevertheless, promotional and merchandise deals available online at Trendiam.com may vary slightly from those available at the stores. Availability of products and pricing are liable to change without prior notice. “Sale” prices and percentage savings offered by Trend I Am are discounts from the “Regular” or “Original” prices. Items on this Site could be offered at the same or lower “Sale” process during future promotional events starting on or after the last day of the publicized event.
Trend I Am makes reasonable effort to display the accurate colors of various products on the Site. However, due to screen resolution, the monitor may display varying colors. Hence, we cannot guarantee that your screen will accurately display or depict the original color of the product.
Trend I Am and its licensors and suppliers exclusively reserve all intellectual property rights in all format, content, imagery, text, products, programs, technology, processes and other materials that are contained on the Site. Access to the Site should not be interpreted or considered as transferring to anyone the license that belongs to Trend I Am or any third-party intellectual property rights.
Trend I Am welcomes your comments, reviews, and ratings of our Site and App. Nevertheless, Trend I Am does not accept any confidential, proprietary or trade secret information through the Site.
Please be informed that any feedbacks, reviews, comments, notes, messages, suggestions, ideas or other communications (jointly referred to as “Submissions”) sent to Trend I Am shall be and remain the exclusive property of Trend I Am, and you transfer all the rights you have in regard of such Submissions to Trend I Am and we shall be entitled to use, disclose, reproduce, publish, share and modify any Submissions for any purpose whatsoever as we deem it fit, including but not limited to, manufacturing, developing and marketing products using the information without any restriction or compensation in any way.
Hence, Trend I Am requests that you do not send any Submission that you do not wish to transfer to us, including any private or confidential information or any original creative materials which includes product ideas or original design and artwork.
LIMITATION OF LIABILITY
IF YOU DO NOT CONSENT WITH THESE TERMS AND CONDITIONS, AS MAY BE REVIEWED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE SOLUTION IS TO DESIST FROM USING THE SITE. YOU REPRESENT BY YOUR CONTINUED USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
UNDER NO CIRCUMTANCE WILL TREND I AM, LLC., OR THEIR PARTNERS OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL BE RESPONSIBLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, COSTS OF REPLACEMENT, BUSINESS DISRUPTIONS, LOSS OF INFORMATION OR DAMAGES AS A RESULT OF, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR DEPENDENCE ON THE INFORMATION PRESENTED THEREIN. THIS LIMITATION OF LIABILITY DECLARATION APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, DUE TO NEGLIGENCE, OR TORT, EVEN WHEN TREND I AM IS EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH OCCURRENCE. YOU SHALL DEFEND, INDEMNIFY AND HOLD TREND I AM HARMLESS AGAINST ANY OF SUCH CLAIMS FOR LOSSES OR DAMAGES.
IN SOME PROVINCES, LIMITATIONS OF LIABILITY ARE NOT ACCEPTABLE. IN SUCH JURISDICTIONS, THE PRECEDING LIMITATIONS ON LIABILITY MAY NOT BE APPLICABLE TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS CONSIDERED TO BE UNENFORCEABLE OR INVALID FOR WHATEVER REASON, THE TOTAL LIABILITY OF TREND I AM UNDER SUCH OCCURREEENNNCE DUE TO LIABILITIES THAT OTHERWISE WOULD HAVE BEEN FORESEEN SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
DISCLAIMER OF WARRANTY
TREND I AM PROVIDES ACCESS TO THIS SITE TO PROSPECTIVE CUSTOMERS ON “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, WHICH INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC USE, TITLE OR NON-VIOLATION. ALL SUCH WARRANTIES AND REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE PRECEDING, TREND I AM DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR ANY MERCHANDISE AND/OR GIFT CARD(S) USED TO PURCHASE MERCHANDISE PROVIDED ON THE SITE. THIS DISCLAIMER DOES NOT APPLICABLE TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE MERCHANDISE.
WITHOUT LIMITING THE PRECEDING, TREND I AM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS CORRECT, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT ANY INTERRUPTIONS, WITHOUT ERROR, DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL PROGRAMS.
WITHOUT LIMITING THE FOREGOING, TREND I AM FURTHER DISCLAIMS ANY OBLIGATION, RESPONSIBILITY, LIABILITY OR DAMAGE AS TO THE CORRECTNESS OR COMPLETENESS OF EACH MERCHANDISE ITEM INCLUDING, BUT NOT LIMITED TO, PRICING, QUANTITY, AND SIZES.
WITHOUT LIMITING THE PRECEDING, TREND I AM FURTHER REJECTS ANY LIABILITY, RESPONSIBILITY OR DAMAGE FOR ANY LOSS OR THEFT OF, UNAPPROVED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS SENT TO, FROM OR STORED ON THIS SITE.
Frequently, links may me be provided on the Site that leads to another external website or materials owned by third parties (the “Third Party Sites”). Trend I Am made these links available for the sake of customer’s convenience only. Furthermore, some Third Party Sites may also provide links that direct to Trendiam.com
AT NO TIME AND UNDER NO CIRCUMSTANCE SHALL SUCH LINKS BE INTERPRETED AS THE APPROVAL OR RECOMMENDATION OF THE THIRD PARTY SITE OR THE MATERIALS THEREIN. TREND I AM DOES NOT MANAGE OR CONTROL AND NEITHER ARE WE RESPONSIBLE, AND WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS CONCERNING, ANY THIRD PARTY SITE OR MATERIALS, PROMOTING, PRODUCTS OR OTHER ITEMS ON OR AVAILABLE FROM SUCH THIRD PARTY SITES. YOUR ACCESS AND USE OF THE THIRD PARTY SITES IS SOLELY AT YOUR OWN RISK, AND TREND I AM WILL ACCEPT NO LIABILITY ARISING AS A RESULT OF YOUR ACCESS OR USE OF SUCH THIRD PARTY SITE.
Without limiting the preceding, linking to our Site is strictly forbidden except after express written permission obtained exclusively from Trend I Am. Furthermore, in-line linking, framing or other connection of this Site or its contents with links, advertisements and additional information not directly from this Site is strictly prohibited.
JURISDICTION; FORCE MAJEURE
Trend I Am manages and controls this Site from its office in New York. THE USE OF THE SITE IS LIMITED TO THE CONTINENTAL BOUNDARIES OF THE UNITED STATES, HAWAII, ALASKA, AND APO/FPO MILITARY ADDRESSES. The title to and risk of loss of products shall pass to the purchaser upon product delivery.
Trend I Am does not warrant that all materials posted on this Site are appropriate for use outside the borders of the United States. Notwithstanding the preceding, if this Site is accessed from outside the United States, you do so in your discretion, and you are accountable for strict compliance with all applicable local laws. The terms of this Site shall be administered by the laws of New York, without considering its conflict of laws provisions. You consent that New York shall be the sole venue and jurisdiction for any dispute, liability, damage, claim, resolution arising from or in connection with your access to, or use of the Site.