Terms of Use | REAL Trends

REAL TRENDS TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO AND ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.

AGREEMENT TO TERMS OF USE

These Terms of Use apply to your access to and use of REAL Trends, Inc.’s (“REAL Trends”) website, www.realtrends.com, and any mobile applications, subscriptions, or other products or services provided through the REAL Trends’ website (collectively referred to as the “Website”).

Certain information that you submit through the Website is subject to REAL Trends’ Privacy Policy, the terms and conditions of which are expressly incorporated into these Terms of Use.  For more information, see our full Privacy Policy.

REAL Trends may modify these Terms of Use at any time without notice to you.  It is your responsibility to review these Terms of Use periodically.  All amendments automatically go into effect on the day after they are posted on this Website and your use of this Website thereafter constitutes your agreement to all amendments.  By accessing or using this Website, you agree to follow and be bound by these Terms of Use.  In this Agreement, “user,” “you” and “your” refer to an individual Website user or visitor and “we”, us” and “our” refer to REAL Trends.

OWNERSHIP AND USE OF CONTENT

REAL Trends and/or our respective third party licensors, authors or vendors own all right, title and interest in and to the content and materials provided on or through the Website, including but not limited to all service marks and trade names, and all text, photographs, videos, articles, music, audio clips, images, illustrations, graphics and other works of authorship displayed on this Website (“Content”).  All Content is protected by copyright, trademark and other laws.  You may not copy, publish, redistribute or sell any Content, and in no way does your access to such content allow to you acquire any right in or license to the Content.

REAL Trends grants you limited permission to view and print Content on any single, stand-alone computer solely for your personal, non-commercial use, provided that (i) you do not alter or remove any copyright or trademark notice appearing on the Content; (ii) the Content is not used on any other website, networked computer environment or as part of a service bureau; and (iii) the Content is not modified in any way.  This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use.  Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.

You agree not to modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer or sell any Content, any portion of the Website, use of the Website or access to the Website.  By using the Website, you may be exposed to Content that is objectionable.  Under no circumstances will REAL Trends be liable in any way for any such Content, including without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Website.

REAL Trends does not claim ownership of the content, photographs, videos, information or materials that you or other Website users may post or upload to the Website or through public posts (“User Content”), but you do grant REAL Trends a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers license) right and license to copy, edit, transmit, distribute, republish, publicly perform and/or display (in any media now known or not currently known) and prepare derivative works of your User Content for the purpose of (i) displaying your User Content on or in the Website, REAL Trends’ newsletters, blogs, and/or any of REAL Trends’ social media platforms such as Facebook, Twitter, or Instagram; (ii) displaying User Content on third party websites; and (iii);archiving or preserving User Content for disputes, legal proceedings, investigations, or the like.  REAL Trends has no obligation to compensate you for User Content.  REAL Trends has no obligation to post or display any of your User Content.  REAL Trends will treat any and all User Content that you transmit to the Website by electronic mail or otherwise as non-confidential and non-proprietary.  Do not submit confidential or proprietary information through the Website.

You are solely responsible for your own User Content and the consequences of posting or publishing User Content.  If you do transmit, publish, post or upload any User Content to the Website, you represent and warrant for all such User Content that: (i) you have all necessary distribution and publication rights; (ii) if any third party has any right, title or interest in such User Content, that you have either (a) received permission from such third party to make the User Content available on the Website or (b) secured from the third party a waiver as to all rights necessary in or to the User Content; (iii) you have fully complied with any third-party licenses; (iv) it does not contain or install any viruses, worms, Trojan horses or any other harmful or destructive code; (v) it is not and does not contain spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (vi) it is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (vii) is not of a pornographic or obscene nature; (viii) it does not infringe or violate any patent, copyright, trade secret, trademark or other intellectual property right of any third party; and (ix) it does not violate any applicable international, federal, state or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.

Although REAL Trends may from time to time monitor or review User Content, REAL Trends is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within any User Content.  REAL Trends does, however, reserve the right to remove any User Content if a user brings to REAL Trends’ attention the possibility that such User Content may result in REAL Trends’ liability, is an infringement of the rights of a third party or is offensive to any third party.  REAL Trends will terminate your access to the Website if REAL Trends determines, in its sole discretion, that you are a repeat infringer.

RESTRICTIONS ON USE OF WEBSITE

You are prohibited from using the Website to do any of the following:

i. upload, post, e-mail or otherwise transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

ii. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

iii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or other information transmitted through the Website;

iv. upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

v. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes;” or

vi. “stalk” or otherwise harass another Website user or collect or store personal data about other Website users.

REGISTRATION AND ACCOUNT CREATION

Some areas of this Website and some Website content may only be available to you if you have registered for the applicable and appropriate memberships or subscriptions with REAL Trends.  All REAL Trends membership and subscription fees must be paid in advance and are non-refundable.  You can find out more about registrations and subscriptions to REAL Trends publications here and here. And you can find out more about REAL Trends’ membership opportunities here and here.

When registering an account related to any of REAL Trends’ memberships or subscriptions offered through the Website (“Account”), you must provide a valid email address, postal address, password and other information to obtain a user name (“User Name”).  You agree to provide and maintain true, complete and current information for your Account. You agree to register only a single User Name in connection with the Website.  Each Account and User Name is for a single user only.  You are not allowed to share your Account or User Name or give your login credentials to anyone else.  If you need to change your password or delete your account, you can send an email request to [email protected].

User Names may not contain inappropriate or obscene words, phrases, or combinations of graphics, or any other content that reasonably would be construed as offensive, vulgar, obscene, hateful, racist, inappropriate or objectionable. REAL Trends is the sole judge of whether a User Name is inappropriate or objectionable. “Inappropriate” and “objectionable” language includes, but is not limited to, obscene, defamatory, racial or profane words, phrases or combinations of characters. Your User Name may not contain words, phrases or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any third party with which you are not, in fact, affiliated.  Although your User Name need not reveal your identity, you are required to provide truthful and complete disclosure of your name and the address and phone number where you can be reached, if requested, in connection with your Account.  Failure to provide this required information or providing false information will result in termination of your Account.

You are solely responsible for all activities that occur under your Account and ensuring that you exit or log-off from your Account at the end of each session of use. Your password is confidential and you agree not to communicate it to any third-party individual or website. You will notify REAL Trends immediately of any unauthorized use of your password or Account or any other breach of security that is known or suspected by you. You will be liable for all actions taken with your Account, as well as for any loss or liability as a result of such use.  REAL Trends will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by REAL Trends or your failure to abide by these Terms of Use.

MEMBERSHIP AGREEMENT

Upon the successful processing of a user’s initial membership payment, said user is a Network Member, and agrees to the terms set forth in this section.  Depending on the membership class (Association or Corporate), you shall pay the associated annual membership fee by way of credit card or check to REAL Trends by no later than January 31 of each year.

REAL Trends reserves the right to accept or refuse any individual’s or company’s Network Membership, in REAL Trends’ sole discretion.  REAL Trends further reserves the right to cancel an existing Network Member’s membership at any time, without prior written notification.  Should REAL Trends exercise its right to cancel service, all outstanding membership payments will remain due, and any membership payments already received by REAL Trends are non-refundable and non-transferrable.

Network Membership prices are subject to change.  In the event of an increase in membership pricing, Network Members will be notified by email at least one month prior to next annual membership payment due date, which shall provide Network Members with sufficient opportunity to accept the price change or cancel membership.

Network Members may cancel membership services at any time.  All outstanding membership payments will remain due upon a Network Member’s cancellation, and membership payments already received are non-refundable and non-transferrable.

Subject to REAL Trends’ sole discretion, Network Membership services are subject to change from time to time, without notice to you.  Your continued membership shall constitute acceptance of all such changes.  Submitting payment subsequent to REAL Trends’ notification shall act as Network Members’ acceptance of any price change indicated therein.

REAL Trends strives to keep Network Membership services up at all times, but does not guarantee an available level of website uptime.  Nothing in this Agreement shall be construed as a Service Level Agreement.

All terms of REAL Trends’ Privacy Policy shall equally apply to this Membership Agreement and REAL Trends’ collection of information required as necessary to provide Network Membership services.

ALL ORDERS AND PURCHASES

REAL Trends may make certain products and/or services available to you, for purchase through the Website (“Products”).  To buy Products from REAL Trends, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders.  You acknowledge, however, that when you provide REAL Trends with any contact information when placing any order for Products, you expressly consent to our communicating with you using the contact information you provide REAL Trends.

By purchasing any Products, you hereby represent and warrant that you are at least 18 years of age.  You hereby further warrant and represent that you have not provided any false or fraudulent information in connection with your order for Products.

By purchasing any Products, you agree to pay the full asking price of any Products purchased contemporaneously with the online purchase, either by credit/debit card or through a third-party online payment service accepted by REAL Trends, the link for which will be provided on the Website (i.e., PayPal).  You agree to pay all applicable taxes.  If payment is not processed and received by REAL Trends, you agree to pay all amounts due upon demand by REAL Trends.

Because REAL Trends process orders quickly after receipt, orders cannot be cancelled once placed.  It may take up to 7 business days to ship your order, depending on the shipping method you select.  If you are not completely satisfied with your purchase, you may exchange it for a credit or refund within 30 days of the purchase date.  The item must be unworn, in its original packaging with the original packing slip, sales order or invoice.  Shipping on all returned items is non-refundable.  All sales are final after 30 days.

TERMINATION

You agree that REAL Trends, in its sole discretion, may terminate any REAL Trends membership or subscription, any Account, and use of and access to the Website, or any part thereof, with or without notice.  You agree that any such termination may be affected without prior notice.  Further, you agree that REAL Trends shall not be liable to you or any third party for any termination of your access to the Website or other membership or subscription benefits.

THIRD-PARTY RESOURCES

The Website and Content contain hyperlinks to other resources and businesses on the Internet.  Those links are provided for your convenience to help you identify and locate other products, services and Internet resources that may be of interest, and are not intended to represent or imply that REAL Trends sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the hyperlinks.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless REAL Trends, its owners, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expense (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, trademark or privacy right.

DISCLAIMER OF WARRANTIES

REAL Trends makes no express or implied warranties, representations or endorsements whatsoever with respect to this Website or any Content.  REAL Trends expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website or any Content.  REAL Trends does not warrant that the functions performed by the Website will be uninterrupted, timely, secure or error-free, or that defects in the Website will be corrected. REAL Trends does not warrant the accuracy or completeness of the Website or Content, or that any errors in the Content will be corrected.  The Website and Content are provided on an “as is” and “as available” basis.

LIMITATION OF LIABILITY

IN NO EVENT SHALL REAL TRENDS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF REAL TRENDS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION OR CONTENT AVAILABLE FROM THE WEBSITE.

JURISDICTION

REAL Trends controls and operates the Website from Castle Rock, Colorado.  Any claim relating to the Website shall be governed by the substantive laws of the State of Colorado, without regard to its conflict of law provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Douglas County, Colorado or the United States District Court for the District of Colorado.  You agree to the exclusive jurisdiction of the federal and state courts located in the State of Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

COMPLIANCE WITH REAL TRENDS’ PRIVACY AND INTELLECTUAL PROPERTY POLICIES

As part of REAL Trends’ Terms of Use, you must also abide by REAL Trends’ Privacy Policy and Intellectual Property Policy, as well as all other operating rules, policies and procedures that REAL Trends may publish from time to time on the Website, each of which is incorporated by reference and each of which may be updated by REAL Trends from time to time without notice to you: