Terms and Conditions
Last updated: January 24, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear singular or plural.
Definitions
For these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Country refers to Illinois, United States.
Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Trends Tracks.
Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
Feedback means Feedback, innovations, or suggestions sent by You regarding our Service's attributes, performance, or features.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered to you on a subscription basis by the Company.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire Agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or Content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
The Website refers to Trends Tracks, accessible from https://www.trendstracks.com/.
You mean the individual accessing or using the Service, the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing this Service's use and the Agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding using the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, you may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You can legally enter into binding contracts.
Your Information
Suppose You wish to place an Order for Goods available on the Service. In that case, You may be asked to supply certain information relevant to Your Order, including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties to facilitate the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for specific reasons including but not limited to:
· Goods availability
· Errors in the description or prices for Goods
· Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned by these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods returned in the same condition as You received them. You should also include all product instructions, documents, and wrappings. Goods that are damaged or not in the same condition as You received or worn simply beyond opening the original packaging will not be refunded. You should, therefore, take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
· The supply of Goods made to Your specifications or personalized.
· The supply of Goods which, according to their nature, are not suitable to be returned, deteriorate rapidly, or where the date of expiry is over.
· The supply of Goods that are unsuitable for return due to health protection or hygiene reasons were unsealed after delivery.
· The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
· The supply of digital Content, which is not supplied on a tangible medium, if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods on Our Service may be mispriced, described inaccurately, or unavailable. We may experience delays updating information regarding our Goods on the Service and Our advertising on other websites.
We can not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and correct errors, inaccuracies, or omissions without prior notice.
Prices Policy
The Company reserves the right to revise its prices before accepting an Order.
The prices quoted may be revised by the Company after accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various available payment methods, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. We will not be liable for any delay or non-delivery of Your Order if we do not receive the required authorization.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur, the Company will issue an electronic invoice indicating that you must proceed manually within a certain deadline, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company may modify the subscription fees at its sole discretion and at any time. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to allow You to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your Agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Specific refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the Company's sole discretion.
Promotions
Any Promotions made available through the Service may be governed by rules separate from these Terms.
If You participate in any Promotions, please review the applicable rules and our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original Content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or Service without the Company's prior written consent.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. Suppose such an assignment is ineffective for any reason. In that case, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for any third-party websites or services' content, privacy policies, or practices. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the preceding and shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. Each party's liability will be limited to the greatest extent permitted by law in these states.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" with all faults and defects without warranty. To the maximum extent permitted under applicable law, the Company, on its behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking. It makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your application use may also be subject to local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to try to resolve the dispute informally by contacting the Company.
For European UE.U.on (E.U.) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the Country you reside in.
United States Federal Government End-Use, Provisions
If You U.S.E.U.a U.S. federal government end user, our Service is a "Commercial Item," as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
Suppose any provision of these Terms is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time after that, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
At Our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or part, please stop using the Website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
· By email: jnsienii@gmail.com