TERMS & CONDITIONS
OVERVIEW
Your use of https://toptrendiz.com, including any sub domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Top Trendiz toptrendiz.com (“Website”, “we,” “our,” “us”, “party”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – PRODUCTS SOLD FOR PERSONAL USE ONLY AND AS PART OF A HEALTHY LIFESTYLE
You agree that any products or services you purchase from Top Trendiz and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, modify, or export any product that you order from the Website.
Top Trendiz does not make any guarantee that you will accomplish your fitness, health and/or wellness goals.
All products and services are to be used as a part of a healthy lifestyle that includes appropriate nutrition, exercise, and self-care. Your results may vary depending upon a variety of factors unique to you, such as your age, health, and genetics.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS, MEDICAL ADVICE AND TIMELINESS OF INFORMATION
The material on the Website is provided for general informational purposes only and IS NOT intended as medical advice, or as a substitute for the medical advice of a physician. The statements made on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. You should consult your physician before beginning any exercise program, changing your diet, taking any dietary supplement, or using any information provided by Top Trendiz.
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of access to the Website.
SECTION 6.1 – METHOD OF PAYMENT
All charges are in U.S. Dollars. We accept credit and debit cards from Visa, MasterCard, American Express, and Discover.
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
SECTION 6.2 – SALES & USE TAXES
Top Trendiz reserves the right to collect sales tax in any jurisdictions if it believes that such collection is required by law. Top Trendiz also reserves the right to collect fees associated with tariff taxes and surcharges.
For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where Top Trendiz does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
SECTION 6.3 – RETAIL DELIVERY FEE
Several states impose a non-refundable retail delivery fee on all deliveries by motor vehicle to a location within their respective state. Although the cost of the fee varies by state, it generally applies to any delivery with at least one item of tangible personal property subject to state sales or use tax. Top Trendiz is liable to collect and remit the fee on each order in accordance with state law. The fee applies to the entire order regardless of the number of items in an order and how many shipments are needed to deliver the items ordered. The retail delivery fee is not refundable on orders that are returned for a credit or refund including sales tax.
SECTION 6.4 – ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any service or product. We reserve the right to require additional information before processing any order.
SECTION 6.5 – SHIPPING & DELIVERY CONFIRMATION
Top Trendiz ships to addresses located in the United States via USPS. Orders generally ship within 24-48 business hours of the time of placement. Domestic orders typically arrive within 5-7 business days.
Accurate shipping address and phone number are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, please contact Customer Support immediately by email support@toptrendiz.com. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we cannot guarantee that we will be able to amend your order in accordance with your instructions.
For the delivery confirmation, because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
SECTION 6.6 – PURCHASE CANCELLATIONS
All orders placed through any Top Trendiz Website are subject to Top Trendiz’s acceptance. This means that Top Trendiz may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card or payment method has already been charged for an order that is later canceled, Top Trendiz will issue you a refund.
SECTION 6.7 – RETURNS AND REFUNDS
We want you to love every Top Trendiz purchase you make, but, occasionally, a product may not meet your expectations. If you are unsatisfied with our product, or if it arrives damaged, you may return or exchange the unused portion thirty (30) days from the date that the product was originally shipped to you for a full refund according to the following terms. To obtain a refund (less shipping and handling), you must return any unused portion of your order, your return must be approved, and the return must be postmarked thirty (30) days from the date that the product was originally shipped to you. The following terms apply for all returned items:
- To return a product for an exchange or refund simply email us at support@toptrendiz.com, and you will be given a Return Merchandise Authorization (RMA) number and details for shipping.
- We cannot process or refund packages marked “Return to Sender.”
- Refunds will be issued to the same credit card or method of payment that was charged when ordering the product.
- To ensure a refund is processed for you, please send returns to the address provided along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number.
- ANY AND ALL PROMOTIONAL PRODUCTS AND/OR OFFERS DISCOUNTED AT 50% OFF OR MORE ARE FINAL SALE AND THEREFORE NOT ELIGIBLE FOR EXCHANGES OR RETURNS.
SECTION 7 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policies.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 – ELECTRONIC COMMUNICATIONS
When you use any Top Trendiz Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Top Trendiz Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – SOCIAL MEDIA PLATFORMS
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).
Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Top Trendiz. Comments that some would consider inappropriate or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 – PERSONAL INFORMATION, PRIVACY AND SECURITY DISCLOSURE
The Privacy Policy is hereby incorporated into these Terms by reference and constitute a part of these Terms. Top Trendiz reserves the right to modify the privacy policy at its sole discretion. Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://toptrendiz.com/privacy-policy.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Top Trendiz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. 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 maximum extent permitted by law.
SECTION 17 – DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
17.1 Mandatory Arbitration
By using our website and purchasing products from Top Trendiz (the “Store”), located at https://toptrendiz.com or any other platform and sites related to our Store, you agree to resolve any and all disputes, claims, or controversies arising out of or relating to your purchase and use of the services or products, including any dispute regarding the formation, performance, breach, or termination of these Terms and Conditions (the “Agreement”), through final and binding confidential arbitration in accordance with the provisions set forth below.
This agreement to arbitrate applies to any dispute that cannot be resolved informally, including but not limited to contractual disputes, consumer protection claims, privacy disputes, or claims arising under federal, state, or local laws.
17.2 Informal Resolution
Before initiating formal arbitration, the party initiating the dispute must first provide the other party with a written notice of the dispute. The notice must include a description of the nature of the dispute and the relief sought. The notice should be sent to Top Trendiz by email at support@toptrendiz.com. After receiving the notice, both parties agree to attempt to resolve the dispute through informal negotiation for at least thirty (30) days before proceeding to arbitration. All proceedings and documents related to the arbitration shall be kept confidential.
17.3 Exemption from Arbitration
Notwithstanding the above, either party may file a claim in small claims court located in Philadelphia, Pennsylvania, if the claim qualifies for such court under applicable law. Further, this Agreement does not preclude either party from seeking interim or injunctive relief from a court of competent jurisdiction to protect its intellectual property rights or enforce this Agreement.
17.4 Arbitration Process
If the dispute cannot be resolved through informal negotiation within thirty (30) days from the date the notice of dispute is received, the dispute shall be resolved by arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, which are available at (www.adr.org or calling 1-800-778-7879).
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall take place in Philadelphia, Pennsylvania, unless the parties mutually agree to a different location.
The arbitration shall be conducted before a single neutral arbitrator, and the arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could grant, including the ability to issue a judgment. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. The arbitrator shall have the authority to award any relief that could be awarded by a court of competent jurisdiction.
If for any reason a dispute cannot be resolved by arbitration as outlined in this Agreement, either party may bring a lawsuit in the state or federal courts located in Philadelphia, Pennsylvania. By agreeing to these Terms, both parties consent to the exclusive jurisdiction and venue of the courts located in Philadelphia, Pennsylvania, for any legal action not subject to arbitration.
17.5 Waiver of Class Actions
The parties agree that any dispute resolution under this Agreement will be conducted solely on an individual basis, and not as a class, representative, or consolidated action. You expressly waive any right to bring or participate in a class action, class arbitration, or collective action in connection with any claim or dispute under this Agreement.
17.6 Costs of Arbitration
Each party shall bear its own costs and expenses associated with the arbitration, except that the party initiating the arbitration may be entitled to request reimbursement of reasonable costs, including attorney’s fees, if it is determined by the arbitrator that the other party acted in bad faith or violated the terms of this Agreement. If the arbitration rules or applicable law allow for the award of attorney’s fees or other costs to the prevailing party, the arbitrator may award such costs as part of the arbitration decision.
17.7 Amendment of Arbitration Agreement
Top Trendiz reserves the right to modify or amend this Legal Dispute Resolution and Arbitration Agreement at any time, and such amendments will be effective immediately upon posting on the website. You agree to be bound by any such amendments by continuing to use the Services after they are posted.
17.8 Time Limit for Claims
You agree that any claims or disputes arising out of or related to your use of our website, products, or services must be filed within one (1) year from the date the cause of action arises, or the claim will be permanently barred.
17.9 Opting Out of Arbitration
You have the right to opt-out of the arbitration agreement, If you do not wish to be subject to this Arbitration Provision, you may opt out by notifying Top Trendiz in writing of the desire to opt out of this Arbitration Provision. To be effective, the writing of your opt out must be dated, signed and submitted to Top Trendiz within 30 days from the date you purchase, use, or attempt to use a product purchased on or through the website by emailing us at support@toptrendiz.com.
FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
SECTION 18 – INDEMNITY AND RELEASE
You agree to indemnify and hold Top Trendiz and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Top Trendiz Services by you or any other person accessing the Top Trendiz Services using your Account; (b) the use of, or connection to, the Top Trendiz Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
SECTION 19 – SEVERABILITY
If any provision of this Legal Dispute Resolution and Arbitration Agreement is found to be unenforceable or invalid by an arbitrator or a court of competent jurisdiction, the remainder of the provisions shall remain in full force and effect. If the prohibition of class action or collective action is deemed unenforceable, the parties agree that arbitration shall not proceed on a class action basis.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – GOVERNING LAW
This Agreement and any dispute arising from or relating to these Terms and Conditions, the website, or the transactions between you and the Top Trendiz shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law principles.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – GENERALLY, WE USE COOKIES TO:
(1) Remind us of who you are and to access your registration preferences to deliver to you a better and more personalized service. Cookies enable us to retain our users preferences on the Website without having to re-enter information every time they access the Website.
(2) Estimate our audience size. Each browser accessing the Website is given a unique cookie which is then used to determine the extent of repeat usage and to help us communicate with you. This information collected by cookies is sometimes called “clickstream” or “click trail” and may also describe which pages you have seen.
(3) Measure certain traffic patterns, which areas of the Company web site you have visited, and your visiting patterns in the aggregate. We use this research to understand how our users’ habits are similar or different from one another so that we can make each new experience on the Website a better one. We may use this information to better present the content that users will see on our site.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@toptrendiz.com.
