TERMS OF USE

BEFORE USING THIS WEBSITE, PLEASE READ THESE TERMS OF USE (THE “AGREEMENT”) IN ITS ENTIRETY. BY USING THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT USE THIS WEBSITE.

This is a binding agreement. By using the Internet site located at trend-chaser.com (the “Website”), you agree to abide by these Terms of Use, as they may be amended by trend-chaser.com (“us” “our” or “we”) from time to time in our sole discretion. We will post a notice on our Website any time these Terms of Use have been materially changed. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave our Website and cease all use of our Website. YOU AGREE THAT BY USING OUR WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

If you would like to learn about how we use your information, a complete statement of our current privacy policy can be found at http://www.trend-chaser.com/privacy/.

Terms and Conditions which you must follow in order to use our Website:

1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing our Website, you agree to obey the law and to respect the intellectual property rights of others. Your use of our Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

2. PROHIBITED USES. We impose certain restrictions on your permissible use of our Website. You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human- perceivable form any of the source code used by us in providing our Website. Any violation of system or network security may subject you to civil and/or criminal liability.

3. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using our Website, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

4. ALLEGED VIOLATIONS. We reserve the right to terminate your use of our Website. To ensure that we provide a high quality experience for you and for other users of our Website, you agree that we or our representatives may access your account and records on a case-by- case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of our Website. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of these Terms of Use, furnished us with false or misleading information, or interfered with others’ use of our Website.

5. USER CONTENT. You grant us a license to use any materials you post to our Website, if applicable. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to our Website, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the internet business of us, our affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on our Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

6. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website. We have adopted a policy that provides for the immediate suspension and/or termination of any Website user who is found to have infringed on the rights of us or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material; (d) information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent by email, mail, or facsimile at:

Name of Designated Agent: Arnold Mina
Facsimile Number: 949-725-4100
Email Address: dmca@sycr.com
Mailing Address: Attn: Intellectual Property Department Stradling Yocca Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660

7. AFFILIATED WEBSITES. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose internet sites may be linked with our Website. Because neither we nor our Website has control over the content and performance of these partner and affiliate sites, we makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

8. PREDISPUTE NOTIFICATION AND MEDIATION. This Agreement provides for final, binding arbitration of all disputed claims (discussed immediately below). We and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, you shall send a notice to us briefly summarizing the claim and the request for relief to the following email address: contact@trend-chaser.com. If the dispute is not resolved within 60 days after notice is sent, you may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

9. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Except to the limited extent noted below, any controversy, claim or dispute arising out of or relating to this Agreement or your use of our Website shall be resolved by final and binding arbitration. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (collectively, the “Rules”). In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.

Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on those documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within 10 days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall any party be required to travel in order to participate in the arbitration.

If you decide to initiate arbitration, the American Arbitration Association will require you to pay an initial filing fee. Currently, this fee is $750 for claims under $75,000. If your filing fee is more than $750, we will reimburse you for any excess fee promptly after we receive notice of your arbitration. If the arbitrator ultimately rules in your favor, we will also reimburse you for the $750 initial filing fee.

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

Notwithstanding any provision in the Rules to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement of the award in any court of competent jurisdiction.

The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

Both you and we waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, mass, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, mass, consolidated, representative, collective, or private attorney general action is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Rules to the contrary: (1) The issue of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (2) Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. (3) Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

10. OPTING OUT OF THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER. You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in this Agreement by doing the following: Within 30 days of signing up for our website, or submitting information to our website, whichever occurs first, you must send a notice by email to contact@trend-chaser.com that specifies (1) your name, (2) your mailing address and email address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in this Agreement. All other terms shall continue to apply, including the requirement to pre-dispute notification and mediation. Your notice must be received by the applicable 30-day deadline to be effective.

11. NO WARRANTIES. WE DISCLAIM ALL WARRANTIES. WE ARE MAKING OUR WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED BELOW, THE TOTAL LIABILITY OF THE US AND OUR PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD).

13. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of our Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14. MISCELLANEOUS

a. No License. Nothing contained on our Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

b. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

c. United States Use Only. Our Website is controlled and operated by us from its offices in the United States. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to our Website should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any country other than the United States.

d. Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

e. Modifications. We may, in our sole discretion and without prior notice, (i) revise these Terms of Use; (ii) modify our Website; and (iii) discontinue our Website at any time. We shall post any revision to these Terms of Use to our Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on our Website periodically to be aware of any revisions. You agree that, by continuing to use or access our Website following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGEMENT. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.