Terms of Service

Welcome to www.trendspottr.com (the "Site"), which is owned and operated by ShawKing Data, Inc. ("ShawKing" "we" or "us"). BY USING THE SITE AND THE SERVICES AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SITE (THE "SERVICES"), YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (THE "TERMS OF USE"). IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE OR ANY OF THE SERVICES.

  1. Changes to the Terms of Use

    We may change the Terms of Use at any time, as we reasonably deem appropriate. Upon any change in the Terms of Use, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Site and/or the Services following our posting of such notice shall constitute your affirmative acknowledgement of the Terms of Use and its modification and agreement to abide and be bound by the Terms of Use, as amended.

  2. Changes to the Services

    From time to time, we may add new services to the Services, substitute a new service for one of the existing Services and/or discontinue or suspend one of the existing Services. Information about any new services will be included on the Site, and the users of new services will be governed by the Terms of Use. You agree that ShawKing will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

  3. User Responsibilities

    You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, computer systems or networks through hacking, password mining or any other means. You agree that you shall not (and you agree not to allow any third party to):

    • copy, modify, adapt, translate, or reverse engineer any portion of the Site and/or the Services;
    • remove any notices of any copyright, trademark or other proprietary rights contained in or on the Site and/or the Services or in any Content accessible via the Site and/or the Services;
    • use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; or
    • reformat or frame any portion of the web pages that are part of the Site and/or the Services.

    ShawKing reserves the right to take any legal action and implement any technical remedies to prevent the violation of this provision and to otherwise enforce the Terms of Use.

  4. Links to Other Sites

    The Site may contain advertisements and/or links to other websites ("Third Party Sites"). These links are provided solely for the convenience of the users. ShawKing does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on the Site, you may no longer be protected by these Terms of Use and you may be subject to the terms of use and other conditions of such Third Party Site. You should review the applicable terms and policies, including privacy and data gathering practices, of any such website to which you navigate from the Site. Concerns regarding a Third Party Website should be directed to the Third Party Site itself. ShawKing bears no responsibility for any action associated with any Third Party Site. Moreover, ShawKing does not imply an affiliation with any Third Party Site.

  5. Disclaimer of Warranties

    WE PROVIDE THE SITE AND THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, QUICKISH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. QUICKISH DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

  6. General Limitation of Liability

    SHAWKING SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, DATA, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OR ACCESS TO THE SITE, THE SERVICE OR THIS AGREEMENT, EVEN IF Context HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CONTEXT"S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED, IN AGGREGATE FOR ANY AND ALL CLAIMS ARISING OUT OF, OR RELATED TO THIS AGREEMENT, TO DIRECT DAMAGES OF $100.00 (US DOLLARS).

    YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR HAVE A TRIAL BY JURY FOR ANY MATTER, DISPUTE, PROCEEDING OR ACTION ARISING OUT OF, OR RELATED TO, THIS AGREEMENT.

  7. Indemnification

    Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) your violation of the Terms of Use of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

  8. Electronic Contracting and Notice

    Your affirmative act of using this Site and/or the Services constitutes your electronic signature to the Terms of Use and your consent to enter into agreements with us electronically.

  9. Governing Law and Forum of Disputes

    If there is any dispute between you and ShawKing about or involving the Site or the Service, by using the Site or the Service, you agree that the dispute shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts of the province of Ontario in respect to any claim, proceeding or action relating to or otherwise arising out of or related to this Agreement, the Site, or its Service howsoever arising, provided always that ShawKing may seek and obtain injunctive relief in any jurisdiction in relation to this Agreement.

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