Last Updated: March 25, 2019
NextFitFinder, Inc. and its Affiliates (defined below) (“TrendBoard”) provide services to you on TrendBoard.app and TrendBoard mobile application subject to the terms set forth herein. When you use any of our services, you are subject to the policies, terms, and conditions applicable to that service. We reserve the right to change any of the information on TrendBoard.app and these terms and conditions at any time. By accessing or otherwise using TrendBoard.app or the TrendBoard mobile application you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully. “Affiliates” include all persons and entities directly or indirectly controlling, controlled by or under common control with NextFitFinder, Inc., where control may be by management authority, equity interest, or otherwise.
By using TrendBoard.app and the TrendBoard mobile application you represent and warrant that you are more than 18 years of age or are visiting TrendBoard.app with the permission and supervision of a parent or guardian. Subject to these Terms and Conditions, TrendBoard hereby grants you a limited, revocable, non-exclusive license to access and use the TrendBoard.app website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the TrendBoard website unless expressly permitted by TrendBoard. TrendBoard reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to TrendBoard.app.
Anything posted or otherwise submitted to TrendBoard whether on the TrendBoard.app website, through a mobile application, blog or via any form of social media, will be treated as public and nonproprietary. By submitting photographs, comments or other materials to TrendBoard, you grant TrendBoard a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions and the right to use your username, real name, image, likeness, and other personal attributes in connection with any use of such submissions. All such submissions shall automatically become TrendBoard’s sole and exclusive property. In addition, when you post photographs, reviews or comments to TrendBoard or on any of TrendBoard’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. Anything you submit must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material. You represent and warrant that you own or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to any content submitted to TrendBoard.
All graphics, images and content on the TrendBoard.app website, blog and mobile application belong exclusively to TrendBoard, or its affiliates. The use of any TrendBoard trademarks or service marks without TrendBoard’s express written consent is strictly prohibited. You may not use TrendBoard’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit TrendBoard. In addition, you may not use any of TrendBoard’s trademarks or service marks in meta tags without TrendBoard’s explicit prior consent.
Please review our Privacy Policy.
Customers who access and use the TrendBoard.app website from outside of the United States are responsible for complying with their local laws and regulations.
Occasionally a vendor requests that TrendBoard restrict the sale of their brand to certain countries. Though TrendBoard prefers not to limit the brands TrendBoard sells, TrendBoard must honor its vendor’s wishes. However, TrendBoard continually reviews such restrictions with its vendors to see if any changes can be made.
You will be alerted at checkout if an item in your cart is restricted from shipping to your country. If you put a restricted item in your cart, you will not be able to check out until that item is removed from your cart or you change your shipping address.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
NEW JERSEY RESIDENTS
No provisions in these Terms and Conditions should be construed to waive any or disclaim any established legal right of a consumer or any legal responsibility of NextFitFinder, Inc. owed to consumers. All provisions of these Terms and Conditions, including exculpatory provisions disclaiming liability for damages, including indirect, incidental, punitive, exemplary, special or consequential damages, are disclaimed with respect to New Jersey consumers only to the fullest extent permitted by New Jersey law and in no event shall the waivers, disclaimers, or limitations on NextFitFinder, Inc.’s liability exceed the limits allowable under the laws of the State of New Jersey. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
TrendBoard deeply respects the intellectual property of others. Please contact legal@TrendBoard.app if you believe that any content on TrendBoard.app constitutes an infringement of your copyrights.
The laws of the State of California will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your visit to the TrendBoard.app website or products purchased on TrendBoard.app shall be submitted to confidential arbitration in Los Angeles, California, except in regards to issues regarding violations of TrendBoard’s intellectual property rights, which we may seek relief from in any state or federal court in the State of California. By using the TrendBoard.app website, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. By using TrendBoard.app you agree that TrendBoard’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate. As such, TrendBoard shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
If any the provisions in these Terms of Use are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.
Please send any questions regarding these Terms of Use to: legal@TrendBoard.app