Terms Of Use

THESE TERMS OF USE GOVERN YOUR USE OF TheUpTrend.com. By accessing THIS site, you are indicating your acknowledgment and acceptance of these terms OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY THEUPTREND.COM AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To This Site

To access this site or its resources, you may be asked to provide certain details or other information. It is a condition of your use of this site that all the information you provide will be correct, current and complete.

Restrictions On Use

You may use this site only for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without TheUpTrend.com’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of TheUpTrend.com. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute this site or content accessible within this site.

Proprietary Information

The material and content accessible from this site (the “Content”) is the proprietary information of TheUpTrend.com or the party that provided the Content to TheUpTrend.com. TheUpTrend.com or the party that provided the Content to TheUpTrend.com retains all right, title and interest in and to the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of TheUpTrend.com, except that you may print a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content, except as expressly provided in these Terms of Use, violates TheUpTrend.com’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by accessing this site.

Links

This site may be linked to other sites, which are not maintained by, or related to, TheUpTrend.com. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site. TheUpTrend.com has not reviewed these sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and TheUpTrend.com makes no representations or warranties about the content, completeness or accuracy of these links or the sites linked to this site. Further, the inclusion of any link to a third-party site does not necessarily imply endorsement by TheUpTrend.com of that site.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. THEUPTREND.COM disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. THEUPTREND.COM does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. THEUPTREND.COM does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and THEUPTREND.COM may make changes or improvements at any time. You, and not THEUPTREND.COM, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. THEUPTREND.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation On Liability

TheUpTrend.com, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THEUPTREND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold TheUpTrend.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks and logos appearing in this site are the property of TheUpTrend.com or the party that provided the trademarks, service marks and logos to TheUpTrend.com. TheUpTrend.com and any party that provided trademarks, service marks and logos to TheUpTrend.com retain all rights in and to any of their respective trademarks, service marks, and logos appearing on this site.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password. TheUpTrend.com will be entitled to monitor your password and, in its discretion, require you to change it. If you use a password that TheUpTrend.com considers not to be secure, TheUpTrend.com will be entitled to require the password to be changed.

TheUpTrend.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing TheUpTrend.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THEUPTREND.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THEUPTREND.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THEUPTREND.COMOR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the Ontario, Canada, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Ontario in connection with any dispute between you and TheUpTrend.com arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the courts located within the province of Ontario. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. TheUpTrend.com may revise these Terms of Use at any time by updating this posting.

Last updated: March 1, 2023. 

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