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Site Terms of Use

Last Modified: August 19, 2017

Please read these Terms of Use carefully before you start to use this Site. By using the Site, you accept and agree to these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, do not use the Site.

We may occasionally change these Terms of Use. Any changes are effective as soon we post them and apply to all subsequent use of the Site. If you continue to use the Site, you accept and agree to the revised Terms of Use. Check this page from time to time to see if we’ve made any changes; the date of the latest revision will be posted at the top of the page.

TrendKite Inc. ("TrendKite," “we,” or “us”) operates this website ("Site") on behalf of ourselves and our subsidiaries to provide information about TrendKite and the products and services we provide. Your use of the TrendKite Service is governed by your TrendKite SaaS Agreement.

1. Your Information

We may ask you to provide information about yourself and/or your company to provide access to some features on the Site. This information should be accurate and complete. Any information you give us (including any information we collect about your use of the Site) will be governed by our Privacy Policy, which is incorporated in these Terms of Use by reference. Please read it – by giving us this information, you consent to all actions we take with respect to your information that is consistent with our Privacy Policy.

2. Using the Site

You may use the Site for your personal, non-commercial use only. You are responsible for your access the Site, including making sure that anyone who accesses the Site through your network complies with these Terms of Use. You may use the Site only for lawful purposes and in accordance with these Terms of Use and any applicable U.S. or international laws or regulations.

By accessing the Site, you agree that you will not:

  • Attempt to interfere with the proper working of the Site;
  • Attempt to gain unauthorized access to the Site or TrendKite’s network or infrastructure;
  • Impersonate TrendKite or any of our employees, providers or users;
  • Transmit any unauthorized material or any harmful or malicious code, files, scripts, agents or programs;
  • Engage in conduct that interferes with anyone’s use of the Site or that exposes TrendKite to any liability;
  • Use any automatic device, process, or means to access the Site for any purpose;
  • Manually monitor or copy any of the material on the Site without our prior written consent;
  • Delete or alter any copyright, trademark, or other proprietary rights notices; and
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so.

3. Linking and Social Media Features

We may provide you with the ability to send emails with our content or links to our Site via social media. You may use these features solely as they are provided by us and only with respect to accompanying content. You may also link to the Site on the following conditions:

  • your link is done in a way that is fair, legal and does not damage or take advantage of our reputation;
  • your link does not connect to any site that is not owned by you (except as described in this section); and
  • your link does not suggest any form of association, approval, or endorsement on our part without our express written consent.

You may not cause any part of the Site to be (or appear to be) displayed by any other site (e.g., framing, deep linking, or in-line linking). You agree to cooperate with us in causing any unauthorized framing or linking to stop. We may withdraw linking permission, disable all or any social media features, or disable any links at any time without notice.

 We may include content or links provided by third parties. These content or links are provided for your convenience only and do not necessarily reflect the opinions of TrendKite. Since we don’t have any control over this material, we can’t accept responsibility for your use of it. Your access to and use of these sites is at your own risk and may be subject to additional terms of use.

4. Changes to the Site

We may change or remove all or any part of the Site at any time without notice. If we do, we will not be liable for any reason if all or any part of the Site is unavailable for any period. Any material on the Site may be out of date at any given time, and we may not always update or correct the Site.

5. Geographic Restrictions

Access to the Site may not be legal by certain persons or in certain countries. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you are responsible for your compliance with local laws.

6. Intellectual Property Rights

The Site and everything on it (including its design)is owned by TrendKite and its licensorsand is protected by United States and international intellectual property or proprietary rights laws.No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us.

7. Marks

The TrendKite name and logo, the term Pinpoint Contacts, and all related names, logos, product and service names, designs, and slogans are trademarks of TrendKite or its affiliates or licensors. Any use requires TrendKite’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners and may be subject to additional restrictions.     

8. Disclaimers; Limitation of Liability

We make the Site available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. You are responsible for having sufficient security to protect your own materials.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRENDKITE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. NEITHER TRENDKITE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE WILL MEET YOUR NEEDS OR EXPECTATIONS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PROVIDED BY LAW, WEDISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL TRENDKITE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY SITES LINKED TO IT (INCLUDING ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL),INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Monitoring and Enforcement; Termination

We may monitor the Site and take any appropriate legal action for any illegal or unauthorized use of the Site. We may terminate or suspend your access to all or part of the Site at any time.

10. Governing Law; Jurisdiction

All matters relating to the Site and these Terms of Use will be governed by the laws of the State of Texas, excluding any choice of law principles. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Austin, Texas in the event of any dispute of any kind arising from or relating to these Terms of Use, our Privacy Policy, or your use of the Site.

11. Waiver; Severability

No waiver by TrendKite of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the provision will be modified to the minimum extent necessary to make it enforceable and disregarded only if modification is not possible or is prohibited by law. The remaining provisions of these Terms of Use will remain in effect.

12. Entire Agreement

The Terms of Use and our Privacy Policy constitute the entire agreement between you and TrendKite regarding the Site and supersede all prior and contemporaneous understandings, in any form, regarding the Site.

13. Your Comments and Concerns

Send any notices of copyright infringement claims to legal@trendkite.com or to TrendKite’s Legal Department at our Austin address. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to marketing@trendkite.com.