Trendexhome.com Website Terms of Use
This website is owned and operated by Sebo Media Inc. Sebo Media Inc., its subsidiaries and affiliates (collectively "SMI"), require that all the visitors to the Trendexhome.com website ("Trendexhome.com") adhere to the following terms of use ("Terms of Use"). By accessing Trendexhome.com, submitting a purchase order through Trendexhome.com and/or by clicking on the "Accept" button, you indicate your acknowledgment and acceptance of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING TRENDEXHOME.COM since both use of Trendexhome.com as well as all sale of products and services offered on Trendexhome.com are subject to the legal terms and conditions outlined below.
These Terms of Use describe your responsibilities and limitations to SMI's liability, among other things. The following Terms of Use, and those other terms incorporated by reference, constitute the entire and only agreement existing between you and SMI regarding your use of Trendexhome.com. If you agree with each term, please click on the "Accept" button below, or use such other method to indicate your agreement as may be presented. Agreement to these Terms of Use is required for usage of Trendexhome.com. If you do not agree with any of these terms, then your further use of Trendexhome.com cannot proceed since agreement to these terms by all users is integral to the operation of Trendexhome.com.
PLEASE NOTE: SMI IS AN AUTHORIZED RESELLER OF PRODUCTS MANUFACTURED AND ADVERTISED BY TRENDEX HOME DESIGNS INC. ("TRENDEX"). SMI IS NOT AN AGENT, REPRESENTATIVE, JOINT VENTURER OR PARTNER OF TRENDEX. BY ACCESSING TRENDEXHOME.COM, THE USER IS CONTRACTING ONLY WITH SMI.
1. Laws and Regulations
User access to and use of Trendexhome.com is subject to all applicable international, federal, provincial and local laws and regulations.
2. Copyright/Trade Marks
The trade marks, logos and service marks ("Marks") displayed on Trendexhome.com are the property of SMI or licensed to SMI. All users of Trendexhome.com (collectively, the "Users" and each a "User") are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of SMI or such third party which may own the Marks. All information and content, including any products or services made available, either now or in the future, on or through Trendexhome.com ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through Trendexhome.com for any purpose, except as otherwise explicitly permitted hereunder.
3. NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON TRENDEXHOME.COM, OR OBTAINED FROM A WEB SITE TO WHICH TRENDEXHOME.COM IS LINKED (A "LINKED SITE"), ARE PROVIDED TO USERS "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SMI DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR STATEMENT MADE THROUGH TRENDEXHOME.COM OR A LINKED SITE, OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM TRENDEXHOME.COM OR A LINKED SITE. UNDER NO CIRCUMSTANCES WILL SMI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH TRENDEXHOME.COM OR A LINKED SITE, OR A USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM TRENDEXHOME.COM OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR OTHER CONTENT OBTAINED FROM TRENDEXHOME.COM OR A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, MESSAGE, POSTING, PROFILE, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
4. LIMITATION OF LIABILITY FOR USE OF TRENDEXHOME.COM AND LINKED SITES
THE INFORMATION, PRODUCTS AND DESCRIPTIONS OF PRODUCTS OR SERVICES PUBLISHED ON TRENDEXHOME.COM OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SMI SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON TRENDEXHOME.COM AND LINKED SITES. SMI MAY MAKE IMPROVEMENTS OR CHANGES TO TRENDEXHOME.COM AND THE PRODUCTS AND SERVICES OFFERED BY TRENDEXHOME.COM AT ANY TIME. YOU AGREE THAT SMI, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF TRENDEXHOME.COM OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE TRENDEXHOME.COM OR A LINKED SITE, EVEN IF SMI IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. SMI CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO TRENDEXHOME.COM.
5. LIMITATION OF LIABILITY FOR PRODUCTS, SERVICES AND/OR INTERACTIONS ARRANGED THROUGH TRENDEXHOME.COM
IF SHIPPING OR DELIVERY SERVICES ARE MADE AVAILABLE BY SMI, SMI WILL ENDEAVOUR TO SHIP OR DELIVER ANY ORDERED PRODUCT AS QUICKLY AS POSSIBLE AND WITHIN ANY TIME PERIODS INDICATED. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT SMI WILL NOT BE HELD RESPONSIBLE FOR ANY DELAYS IN SHIPPING OR DELIVERY. WHERE DELIVERY IS DELAYED, SMI WILL NOTIFY YOU AS SOON AS POSSIBLE. SMI WILL NOT DELIVER PRODUCTS TO ADDRESSES LOCATED OUTSIDE OF CANADA AND CONTINENTAL UNITED STATES OF AMERICA.
SMI HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH: (I) THE USE OF TRENDEXHOME.COM BY YOU AND/OR ANY USER; (II) ANY INTERACTIONS BETWEEN USERS; AND/OR (III) ANY GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH TRENDEXHOME.COM; AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF ANY USER OR ANY CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE SMI FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Please note that although SMI attempts to display the colours of the product shown on Trendexhome.com as accurately as possible, SMI cannot guarantee that the colour displayed on User's computer monitor matches the exact product colour.
All prices listed on Trendexhom.com are subject to confirmation. SMI shall have the right to refuse or cancel any orders placed for product(s) listed at the incorrect price. SMI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and User's credit card charged. If a User's credit card has already been charged for the purchase and such order is cancelled, SMI shall immediately issue a credit to such credit card account in the amount of the incorrect price so charged.
6. Indemnity
You agree to defend, indemnify, and hold harmless SMI, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, legal and accounting fees, alleging or resulting from your use of Trendexhome.com or your breach of the terms of these Terms of Use or the documents it incorporates by reference. SMI shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
7. Confidentiality of User Communications
Except as required by law and in accordance with the Trendexhome.com Privacy Policy, SMI will maintain the confidentiality of all User communications which contain personal user information and which are transmitted directly to SMI. You acknowledge that the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. Trendexhome.com will not be responsible for any damages you, any User or third party may suffer as a result of the transmission of confidential information that you make to or through Trendexhome.com through the Internet, or that you expressly or implicitly authorize Trendexhome.com to make, or for any errors or any changes made to any transmitted information.
User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. SMI is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
8. Linked Internet Sites
SMI prohibits caching, unauthorized hypertext links to Trendexhome.com and the framing of any Content available through Trendexhome.com. SMI reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to Trendexhome.com. Access to any other Internet sites linked to Trendexhome.com is at the User's own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on Trendexhome.com. SMI is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
9. Transmission of Personal Data
User acknowledges and agrees that by providing SMI with any personal information through Trendexhome.com, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with SMI's standard business practices and Privacy Policy. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. SMI is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
10. Return and Exchange Policies
Users who buy products directly from Trendexhome.com may return them to SMI up to thirty (30) days after the date of purchase by the User of such product(s) for an exchange or refund as long as the item(s) has been returned in its original condition with all labels still affixed to the product. The user must include a copy of their purchase receipt with the product that they are returning. Such return or exchange does not include any shipping and handling charges, which shall be borne solely by the User. Manufacturer information is subject to change without notice.
11. Payment Terms and Orders
Payment must be received by SMI prior to SMI's acceptance of an order placed through Trendexhome.com. Payment for products will be made by credit card. Users should ensure to provide his/her exact billing address and telephone number, that is, the address and telephone number the User's credit card bank has on file for such credit card. Incorrect information may cause a delay in processing an order. SMI may invoice parts of an order separately. Orders are not binding on SMI until accepted by SMI.
12. Shipping Charges and Taxes
Separate charges for shipping and handling will be shown on SMI's invoice(s). Due to shipper restrictions, SMI cannot deliver to P.O. boxes. All shipments are subject to stock availability. The User is responsible for goods and services tax, sales and all other taxes associated with the order, however designated and/or whether or not charged by SMI on the applicable invoice. If applicable, a separate charge for taxes will be shown on SMI's invoice.
13. Products
SMI may revise and discontinue any products at any time without prior notice.
14. Changes to Terms of Use
SMI reserves the right to revise these Terms of Use at any time and Users are deemed to be apprised of and bound by any changes to these Terms of Use.
15. Violations of Terms of Use & Termination
SMI reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block a User and/or access from a particular Internet address to Trendexhome.com, and, if deemed appropriate in SMI's sole and absolute discretion, contact the appropriate law enforcement agencies. SMI may, in its sole and absolute direction, terminate or suspend a User's access to all or part of Trendexhome.com at any time, with or without notice to such User, for any reason. These Terms of Use shall survive the termination of this agreement between you and SMI, including, but not limited to, all waivers of liability and disclaimers contained herein.
16. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of Trendexhome.com that is not explicitly for User use is restricted to authorized users only. Unauthorized individuals attempting to access these areas of Trendexhome.com may be subject to prosecution.
17. Use of "Cookie" File Features
SMI reserves the right to store information on a User's computer in the form of a "cookie" or similar file for purposes of modifying Trendexhome.com to reflect Users' preferences. Trendexhome.com's Privacy Policy provides additional information regarding SMI's use of cookies as well as procedures for disabling cookies.
18. Jurisdiction/Governing Law
Trendexhome.com is operated and controlled by SMI from its offices and resides on servers located within the Province of Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing Trendexhome.com, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Use notwithstanding any conflict of laws provisions or your domicile, residence or physical location. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. All prices listed on Trendexhome.com are in Canadian dollars and all charges will be processed in Canadian dollars.
Trendexhome.com makes no warranty or representation that any or all Content and/or services provided on or through Trendexhome.com, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. You agree that if you access Trendexhome.com outside of Ontario, you are responsible for compliance with local laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms of Use (including, but not limited to, a breach thereof), your use of Trendexhome.com, and/or any other proceeding involving Trendexhome.com, either directly or indirectly.
19. General
Section headings are provided for convenience of reference and do not constitute part of these Terms of Use. Any references to a particular section of these Terms of Use shall be deemed to include reference to any and all subsections thereof. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by SMI of a breach of any provision of these Terms of Use or the documents it incorporates by reference will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of these Terms of Use shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. If any remedy set forth in these Terms of Use is determined to have failed of its essential purpose, then all other provisions of these Terms of Use, including the limitations of liability and exclusions of damages, shall remain in full force and effect. If an ambiguity or question of intent arises with respect to any provision of these Terms of Use, these Terms of Use will be construed as if drafted jointly by SMI and the User and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms of Use.
20. Consenting to Terms of Use
By clicking on the "Accept" button, you agree:
(1) That you have full power, authority, and legal capacity to enter into this agreement to comply with these Terms of Use and follow its obligations and are at least 18 years of age;
(2) To provide complete and accurate information to SMI, including, but not limited to information required to register with Trendexhome.com and all credit card information;
(3) Your credit card company will honour the charges incurred by you;
(4) That you will pay all charges that you incur at the then-current rates;
(5) That you may only purchase or order items: (i) for lawful purpose and (ii) not for resale; and any other use is not permitted;
(6) To not:
(a) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(b) delete or modify any author attributions, legal notices, or other proprietary designations or labels in any file that is uploaded; and/or
(c) incorporate any information from Trendexhome.com into any other directory, product, or service; and
(7) To provide for your own access to the Trendexhome.com, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges.
Copyright © 2008 Sebo Media Inc. All Rights Reserved. Trendexhome.com services and benefits are offered in Canada by Sebo Media Inc. Users of Trendexhome.com agree to be bound by the terms of the Trendexhome.com Terms of Use.