THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND SMALLTHOUGHT. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE TRENDLY SERVICE.

By using the trendly.com web site (“Trendly”), a service of Smallthought Systems Inc., (“Smallthought”), you are agreeing to be bound by the following terms and conditions.

• In connection with your use of the service, you agree to:

  • obey the law;
  • obey any codes of conduct or other notices we provide you; and
  • promptly notify us if you learn of a security breach related to the service.

• You are solely responsible for all uses of your account under your password. You must protect your password.

• Your use of Trendly is at your sole risk. The service is provided on an “AS IS” and “as available” basis.

• Smallthought makes no express or implied warranty of the quality or suitability of Trendly for any purpose.

• We reserve the right to terminate your account for any reason at any time.

• You expressly agree that Smallthought WILL NOT be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Smallthought has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Trendly; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained through or from Trendly; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Trendly; (v) termination of your account; or (vi) any other matter relating to Trendly. If you are not satisfied with Trendly, your sole and exclusive remedy is to stop using it. IN NO EVENT WILL SMALLTHOUGHT BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT THAT YOU HAVE ACTUALLY PAID SMALLTHOUGHT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

• The disclaimers and limitations of liability set forth in these terms and conditions are an essential basis of your bargain with Smallthought for the use of Trendly.

• We reserve the right to modify the service at any time.

• You will indemnify, defend and hold Smallthought, its officers, directors, employees, affiliates and service providers from any claim or cause of action of any kind whatsoever arising out of (a) any data, information or materials of any kind that are input or uploaded to the service using your account, and (b) your use of the service.

• From time to time you may give us suggestions or feedback about Trendly. If you do so, you hereby grant us an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to use such suggestions or feedback for any purpose.

• We reserve the right to modify these terms and conditions at any time upon notice to you, which we may make either by sending you mail (written or electronic) or posting the change on our website. You agree that any subsequent use of Trendly will constitute your acceptance of those modified terms and conditions going forward.

• Smallthought will have the right to assign this Agreement to an affiliate of Smallthought at any time without notice.

• These terms and conditions are the entire agreement between you and Smallthought regarding the use of Trendly. No other communication, whether written or oral, will be deemed to supplement or supersede these terms and conditions unless made in writing and signed by both you and Smallthought.