THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
These Terms govern your use of the interactive websites, mobile and connected applications, software, and other online interactive features and services, including, but not limited to, emails, newsletters, forums, communities, sweepstakes, and contests (collectively, the “Services”) operated by TrendingWoke. Additional terms and conditions of use applicable to specific areas of the Services may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to collectively as the “Agreement.”
We reserve the right, at our discretion, to change or modify all or any part of the Agreement at any time, effective immediately upon notice published on this page. Your use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications by TrendingWoke as permitted above. Please review the Agreement periodically to ensure familiarity with the most current version. If the terms and conditions of the Agreement are no longer acceptable to you at any time, you should immediately cease all use of the Services. It is your responsibility to refer to the Agreement upon accessing the Services.
COPPA: The Services are directed to teenagers and adults and are not directed to children under the age of 13. You must be 13 years or older to use the Services outside of the European Union and European Economic Area and 16 years of age or older in the European Union and European Economic Area. TrendingWoke complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. By registering for any Services, you represent and warrant that you are 13 years of age or older or, if you reside in the European Union or European Economic Area, 16 years of age or older. Additionally, you must provide true, accurate, and complete registration information to become a member of the Services (“Member”). Creating a member account if you are under the age of 13 outside of the European Union and European Economic Area or 16 in the European Union and European Economic Area, under automated means, or false or fraudulent pretenses constitutes unauthorized use of the Services, and TrendingWoke will delete such accounts.
As part of the registration process, you may be asked to select a username and password, and you will be responsible for all activities occurring under your username and keeping your password secure. We may refuse to grant you a username that impersonates someone else, violates or infringes on a third party’s trademark or proprietary rights, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password are personal to you and should not be used to provide access to the Services to any other person or entity.
By using the Services, you agree to:
- Provide accurate and complete information about yourself as prompted by the registration form for a Service (“Registration Data”),
- Maintain and promptly update the Registration Data to keep it accurate and complete, and
- Maintain the security of your password.
If you compose a profile upon registering for the Services (a “Member Profile”), such profile must describe you, a person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
For Shopping Services: Certain TrendingWoke sites allow you to purchase products (“Products”). Such Products and pricing on the sites may change at any time without prior notice to you. You agree that you will only purchase Products on the sites for your use and enjoyment or as a gift for another person, that all information you submit through the sites is complete, accurate, current, and true, and that you are not barred from receiving products under applicable law. Some Products you purchase may be used or contain used parts. Certain software or other materials that you purchase through the sites may be subjected to further export controls. You agree to comply with all applicable export and re-export restrictions, laws, and regulations and will not encourage, assist, or authorize the transfer of such products to a prohibited country in violation of law, rule, or regulation. Please be advised that an order confirmation to you does not signify acceptance of your order, nor does it constitute confirmation of an offer to sell. At any time after receipt, your order may be accepted, declined, or quantity restrictions or other limits may be placed on your order for any reason. If you are charged for an order that has been canceled, you may seek a refund for the full amount of the canceled portion of such an order. While we strive to make all site information as accurate as possible, we do not warrant that Product description or other Content is accurate, complete, or error-free. Promotions and the availability of products are subject to change.
(b) Payment Obligation and Credit Card Authorization. You are responsible for paying any charges relating to your Premium Services account, including, without limitation, periodic subscription fees (the initial fee and automatic renewals). You grant to TrendingWoke’s third-party payment processor(s) permission to charge your credit card (or other approved payment mechanism) to pay for all such charges. The Premium Service subscription fee will be billed at the beginning of your subscription and on each annual, quarterly, or monthly renewal after that, dependent on the original subscription term selected at registration unless you cancel at least ten (10) days before the renewal date under the process set forth below.
(c) Renewal and Cancellation of Your Subscription. You grant to TrendingWoke’s third-party payment processor(s) permission to automatically renew your subscription and charge your account up to seven (7) days before the day on which your subscription is scheduled to end. You acknowledge and agree that the authorization to charge your credit card or another payment mechanism for the Premium Services shall automatically transfer to any successors or assigns of the Premium Services for substantially similar services at the same property. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to subscribe to Premium Services.
(d) Termination of Your Subscription. You acknowledge that TrendingWoke, in its sole discretion, may terminate your user I.D., password, account (or any part thereof), or use of the Premium Services for a variety of reasons, including, without limitation, if TrendingWoke believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. TrendingWoke may also, at its sole discretion, discontinue providing the Premium Services, or any part thereof, with or without notice. You agree that any termination of your access to the Premium Services under any provision of the Agreement may be affected without prior notice, and acknowledge and agree that TrendingWoke may immediately deactivate or delete your account and/or bar any further access to the Premium Services. If TrendingWoke terminates your account, it will not be automatically renewed, and access will be terminated without a refund. Further, you agree that TrendingWoke shall not be liable to you or any third party for termination of your access to the Premium Services. YOU AGREE AND ACKNOWLEDGE THAT TRENDINGWOKE SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS, OR ACCOUNT OVERSIGHTS PAST SIXTY (60) DAYS OF SUCH OCCURRENCE.
(f) Subscriber Information. You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Premium Services registration process. It would be best if you promptly informed TrendingWoke of any of the following: changes in the expiration date of any credit card used in connection with the Premium Services; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an I.D. or password. You agree to notify TrendingWoke immediately upon learning of any potential breach of your Premium Services account.
(g) Use Restrictions. The material and Content on the Premium Services are for the private, non-commercial enjoyment of Premium Services Members only. Any other use is strictly prohibited. TrendingWoke spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way publicly make any news, pictures, interviews, features, or any other information, Content, or materials from the Premium Services, without express written permission from TrendingWoke. You agree that if you do so, TrendingWoke reserves the right to cancel your subscription to Premium Services immediately without a refund. Additionally, the reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
Your Use of Content
You acknowledge that the Services contain information, software, articles, reviews, Content, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, applications and software, and other material (collectively, the “Content”) that are protected by copyright, trademark and/or other proprietary rights of TrendingWoke or third parties. Applicable copyright laws protect all Content on the Services. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Services. Users of the Services may use the Content only for their personal, non-commercial use. Businesses, organizations, or other legal entities may not become Members and are not permitted to use the Services for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means to send unsolicited email and unauthorized framing of, or link to, the Services or users on the Services.
Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, adapt, aggregate, sell, transfer or in any way exploit any of the Content, code, or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or another device to scrape, extract, retrieve or index any portion of the Services. Content consisting of downloadable or web-based software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security-related features of the Services or the Content, including features that prevent or restrict use or copying or that enforce limitations on use.
You may only post on the Services content owned by you (such as your original statements or video clips), Content for which you have received the express written permission from the owner, and Content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to TrendingWoke and its affiliates, successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), including, but not limited to, as part of the Services or in support of the Services through advertising or marketing, on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with a further right of sublicense (the “License”), without payment or compensation to you and without seeking further permission from you. You represent and warrant that you are authorized to grant all rights outlined in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the license shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including but not limited to any copyright or moral right). You agree that you are solely responsible for the material that you post on the Services or transmit to others and agree that you will not hold the company responsible or liable for any materials or Content you access or receive from other users of the Services.
You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
To the extent that you provide us with any suggestions, feedback, or other information relating to our business or the Services (including, but not limited to, suggested new products or services or improvements to existing products and services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to the Licensee (as defined above) a non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and sublicensable right and license to reproduce, display, distribute, use and fully exploit such suggestions, feedback, and information.
Rules of Conduct
TrendingWoke has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Services, and appropriate legal action may be taken, including, without limitation, civil and injunctive relief. While utilizing the Services, you may not:
- Use the Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- Post on the Services any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- Post on the Services or transmit through the Services any Material that violates or infringes another person’s intellectual property rights (including, but not limited to, third-party music, videos, photos, or other materials where you do not have written authority from the owner to post or transmit such materials);
- Post or transmit any Material that contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Reformat, frame, or mirror any portion of any web page that is part of the Service;
- Post Material containing restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- Submit any Material that impersonates a person or entity, falsely implies sponsorship or endorsement of that material by the Services, TrendingWoke, and/or any third party, falsify or delete any author attributions in any Material, or promote any information that you know is false or misleading;
- Transmit any viruses, worms, defects, Trojan horses, or other items of a contaminating or destructive nature through the Services or otherwise attempt to interfere with the proper working of the service or the use and enjoyment of the Services by other users;
- Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Submit material, or engage in any activity that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful, or violates the rights of any third party (including their rights of privacy or publicity) or that promotes or encourages illegal activity, racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual; or
- Harvest or collect other users’ email addresses or other contact information by electronic or other means.
The following additional restrictions apply to material posted by you on TrendingWoke Services. You shall not do any of the following without the prior written authorization of TrendingWoke:
- Post any inaccurate, untimely, stale, incomplete, or misleading information, including inaccurate biographical information;
- Post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that you or your company directly represents;
- Post any employment opportunities that are not healthcare-related or are outside a tech-related field or organization;
- Keycode (through overuse of a skill set, term, or definition within a job posting, profile, resume, or otherwise to gain priority placement of a posting), copy other job postings as your own, post the same position multiple times on the Services or post multiple positions within one posting;
- Place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to the TrendingWoke;
- Post any employment opportunity that does not contain a valid application method (such as company URL, email address, or “apply online”) that is connected to the “Apply” button in the job posting;
- Place any content within the job details section of a job posting that directs job seekers to apply directly via an email address or any other method that circumvents the “Apply” link;
- Resell or make available to any person not expressly licensed by TrendingWoke, whether via phone, fax, email, mail, or another medium, any of the TrendingWoke or any information obtained from that place, including, without limitation, resumes or candidate information;
- Allow job postings or employment requirements to remain posted on the TrendingWoke for more than 24 hours after they are no longer viable or valid (to the extent that a position is placed on “hold” or is otherwise not available for immediate placement, the posting should be removed until it is a viable opening);
- Respond to a job listing on behalf of anyone other than yourself;
- Delete or revise any Material posted by another person or entity; or
- Use, print, or otherwise copy any personal information of candidates for any purpose other than consideration of the candidates for potential employment by your company or a company you represent.
The above is not a complete list of the service’s illegal and/or prohibited uses.
Use of the Services is subject to existing laws and legal processes. Nothing contained in the Agreement shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
Despite our rights outlined herein, you shall remain solely responsible for all material you post. TrendingWoke has no obligation to evaluate, to pre-screen, and/or monitor the material you post. However, TrendingWoke reserves the right to edit or remove any Content or Material on the Services, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process, or governmental request or to protect the rights, property or safety of TrendingWoke, its users and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.
TrendingWoke has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, edit or remove any Material for any reason;
- Refuse, move, edit or remove any Content that is available on the Services;
- Deactivate or delete your account(s) and all related information and files in your account(s);
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their legal rights, including, but not limited to, their intellectual property rights or their rights of privacy or publicity;
- Disclose your identity or other information about you to law enforcement officials upon request if TrendingWoke determines in its sole discretion that such disclosure is in the interest of protecting its users or the public;
- Establish general practices and limits concerning the use of our sites and Services.
You agree that TrendingWoke will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements, and administrative messages from our partners or us and that these are considered part of the Services.
TRENDINGWOKE MAY RECEIVE A COMMISSION, FEE, AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH, OR LINKED FROM THE SERVICES.
THIS MEANS TRENDINGWOKE MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
TrendingWoke does not represent or endorse the accuracy or reliability of any Content or other material posted on any interactive area or elsewhere on the Services. You acknowledge that any reliance upon such Content or other material shall be at your sole risk. Any Content or other material placed on any interactive area by users represents the views of the user posting the statement and does not represent the views of TrendingWoke.
Typically, we do not directly sell, resell, or license any of the products or services we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price, and availability are believed to be accurate at the time of publication and subject to change. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage incurred as the result of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, if we sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
Please note that we may allow certain manufacturers to license, use and/or reprint a TrendingWoke trademark, logo, or a review in whole or part, in its marketing materials and advertisements in exchange for a license fee.
You agree to indemnify, defend and hold TrendingWoke and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the “TrendingWoke Parties”) harmless from and against any claims, liability, losses, damages, costs, and expenses (including attorneys’ fees) incurred by any TrendingWoke Party in connection with:
- Your use of, or connection to, our Services;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The Content, the quality, or the performance of the material that you submit;
- Your violation of the rights of any other person or entity; or
- Your violation of any applicable laws, rules, or regulations.
TrendingWoke reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TrendingWoke’s defense of such claim.
Termination of Service
TrendingWoke reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. If you would like to delete a particular account on the Services, use the contact instructions for the particular property where you wish to delete your account. Once your access terminates, you will have no right to use the Services. The terms of the Agreement shall survive any termination of your access. TrendingWoke may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
A notification of claimed infringement must include the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
(b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Services (including any additional identifying information such as URLs and post numbers to assist us in identifying the allegedly infringing material);
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
If materials you have posted on the Services have been removed due to alleged infringement of a third party’s intellectual property rights, TrendingWoke will notify you. If you believe your materials have been wrongly removed, you may file a counter-notification containing the following:
(a) an electronic or physical signature of the person authorized to act on your behalf;
(b) a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
(c) a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) your address, telephone number, and email address; and
(e) a statement that you consent to the jurisdiction of a federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Upon TrendingWoke’s receipt of such counter-notice, TrendingWoke will provide the complainant with your contact information so that you can resolve the issue. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. If the matter has been resolved or the complainant does not seek a court order within the statutory period, we generally will re-post the material.
TrendingWoke reserves the right to remove any materials or Content alleged to be infringing without prior notice, at TrendingWoke’s sole discretion, and without liability to you.
In appropriate circumstances, TrendingWoke will also terminate your account if you are determined to be a repeat infringer.
Any person who knowingly misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be subject to liability.
Disclaimer of Warranties; Limitation of Liability
The Services and the Content are distributed on an “as is, as available” basis. None of TrendingWoke, third-party vendors or content providers, or their respective agents makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, concerning the Services, any Content or any products or services sold through the Services. Neither TrendingWoke nor any third-party content provider warrants that any files available for downloading through the Services will be free of viruses or similar contamination or destructive features. Neither TrendingWoke nor any third-party content provider warrants that any of the goods or services linked to or advertised in the Services comply with data protection or other relevant legislation, and TrendingWoke accepts no liability whatsoever for any claim arising from such goods or services.
You expressly agree that the entire risk as to the quality and performance of the Services and the accuracy or completeness of the Content is assumed solely by you, and TrendingWoke cannot guarantee the continued availability of any particular component of the Services. You specifically acknowledge that TrendingWoke is not responsible or liable for any unauthorized access to or alteration of your materials, data, or other transmissions entered into through the Services or for any threatening, defamatory, obscene, offensive, or illegal Content or conduct of any other party or for any infringement of another’s rights.
TRENDINGWOKE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. TRENDINGWOKE, ANY THIRD-PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, TRENDINGWOKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF TRENDINGWOKE SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES CONCERNING ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS BEFORE THE DATE OF THE INITIAL CLAIM MADE AGAINST TRENDINGWOKE, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
IF YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOU RELEASE TRENDINGWOKE FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD TRENDINGWOKE HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
Some jurisdictions do not allow the exclusion of implied warranties or certain limitations of liability, including incidental or consequential damages, punitive or exemplary damages, bodily or moral (reputational) damages, gross negligence, death or personal injury caused by negligence, personal injury, or loss of or damage to property caused by defective products, fraud and/or fraudulent misrepresentation, or recklessness, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of TrendingWoke, third-party content providers, and their respective agents shall be limited to the greatest extent permitted by applicable law.
You are solely responsible for your interactions with other Members of the Services. TrendingWoke reserves the right but has no obligation to monitor disputes between you and other Members and to take action (e.g., account deletion or removal of Content posted by a user) if TrendingWoke determines that there has been a violation of the Agreement or if such action is otherwise necessary or desirable, in its sole discretion.
We make no claims that any Material, Services, or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Services, or any Content was produced. Access to the Material, Services, or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services, or Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: (i) all local rules regarding user conduct on the Internet and acceptable Content; and (ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.
No Submission of Unsolicited Ideas
TrendingWoke does not accept unsolicited ideas of any kind, including ideas for advertising, promotions, new products, technologies, processes, materials, marketing plans, or product names. Please do not send us any such ideas or materials relating to such ideas. This is to avoid any potential misunderstanding or dispute should our products, or marketing strategies seem similar to unsolicited ideas submitted to us. If despite this request, you do send us any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary.
ARBITRATION NOTICE: Unless you opt-out by this Section, any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in New York, New York before a single arbitrator. The arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled “Binding Arbitration” shall be null and void.
YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION; YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY, AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
You may opt-out of this Agreement to arbitrate. If you opt-out of this Section, neither you nor TrendingWoke can require the other to participate in an arbitration proceeding. To opt-out, you must notify TrendingWoke in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out TrendingWoke by email: [email protected] and insert “Arbitration Use” in the subject line. You must include your name and residence address, the email address if any you use for your respective TrendingWoke account, and a clear statement that you want to opt-out of this arbitration agreement.
Limitation Period for Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our sites or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
New Jersey Residents
If, and to the extent that New Jersey law applies, concerning residents of New Jersey, the terms in Sections 6 (insofar as any claims may arise from, or relate to, consumer protection or fraud and/or misrepresentation, or result in attorney’s fees), 9 and 14 do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad as permitted by the laws of the state of your residence. Subject to the foregoing, TrendingWoke, third-party content providers, and their respective agents reserve all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial in Section 13.
Nothing in these Terms (including in Sections 6, 9, and 14) limits, excludes, or modifies any rights you may have under any law, including under the Australian Consumer Law (the “A.C.L.”) and consumer guarantees under the A.C.L., which may not be limited, excluded or modified by Agreement (including where such exclusion, restriction or modification would be illegal or void under such law).