Usage Terms

These Usage Terms (the “Agreement”) is a legal agreement between you and TrendRadius Inc. (“TrendRadius”) respecting your use of TrendRadius services as described herein and on TrendRadius’s website. BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON WHEN SIGNING UP FOR THE SERVICES, OR BY OTHERWISE USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you have any questions or concerns about the terms of this agreement, please contact us at

  1. Definitions
    1. “Customer” shall mean the entity agreeing to this Agreement, on its own behalf and/or on behalf of any organization which it may represent.
    2. “Services” has the meaning set forth in Section 2 below.
    3. “Software” means the TrendRadius software platform which provides users with the ability to access, categorize and otherwise process customer feedback data and metrics, which is hosted on TrendRadius’ website and is used to obtain the Services.
  2. The Services
    1. TrendRadius will provide Customer, through the Software, with the ability to aggregate customer information from supported systems as well as capture certain customer information and access data metrics, visualizations and analytics for customer data within set parameters, in the manner described herein (the “Services”). The Services are provided subject to the terms and conditions of this agreement.
    2. In order to use the Services, Customer must:
      1. provide up-to-date, complete and accurate registration information as requested by TrendRadius on TrendRadius’ website, which may include Customer’s name, mailing address, phone number and email address;
      2. where paying by credit card, provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to Customer or Customer’s authorized representative; and
      3. be at all times in compliance with the terms and conditions of this Agreement and applicable law.
      Customer specifically agree that TrendRadius may rely on the accuracy of the information provided by Customer to TrendRadius, and that TrendRadius will have no liability whatsoever, whether to Customer or to any third party, for any claims or damages resulting from inaccurate information provided to TrendRadius.
    3. TrendRadius will provide Customer with certain information to allow Customer to use the Services, such as one or more user IDs and passwords and/or the ability to create user IDs and/or passwords (the “Access Information”). TrendRadius will store the Access Information in encrypted form. The Access Information is provided on the understanding that it is personal to Customer; Customer will not permit anyone other than Customer or its authorized representatives to obtain access to the Services using the Access Information. TrendRadius is not responsible or liable in any way for any use of the Services (authorized or unauthorized) by any party accessing the Services using Customer’s Access Information, and Customer accepts all responsibility for such use of the Services and any consequences resulting from such use of the Services.
    4. TrendRadius reserves the right to change, suspend or discontinue the Services at any time, including the availability of any feature or content, account access, or any promotion offered by TrendRadius. TrendRadius may also impose limits on the Services and/or terminate or restrict Customer’s access to parts or all of the Services without liability. Where feasible, TrendRadius will provide Customer with advance notice of such changes, limitations or discontinuance; however, Customer acknowledges that such notice may not be feasible in all circumstances, and that TrendRadius shall have no liability whatsoever for its failure to provide such notice to Customer.
    5. Use of the Services may contain references to third parties, links to third party websites or documents, and may incorporate information obtained from third parties. All such references, links and information are provided “AS IS”. Third party websites, documents, information, opinions, advice or statements (including from Customer’s customers) are not under the control of TrendRadius, and TrendRadius is not responsible or in any way liable for their contents, including without limitation their accuracy, reliability, effectiveness, standards compliance, copyright compliance, legality, decency, or any other aspect of their content. Under no circumstance will TrendRadius be liable for any loss or damage caused by Customer’s reliance on information obtained through the Services or a third party linked site (including any opinions, statements or advice. Without limiting the foregoing, TrendRadius does not assess customer data for quality or otherwise; metrics, analyses and reports generated by the Software are based solely on algorithms that are designed to detect whether certain patterns are present within the data, not as the result of any specific examination of the data by TrendRadius or its employees, or any judgment exercised by TrendRadius or its employees respecting such specific data. It is Customer’s responsibility to evaluate the accuracy, completeness or usefulness of any content and data available through the Services, including metrics and analytic results, or obtained from a third party linked site.
    6. Customer acknowledges and agrees that an integral part of the Services entails the collection of information and data from its customers, and the processing of such information and data by TrendRadius. Such information and data may include personal information of such customers. Nothing herein transfers any ownership of such information and data to TrendRadius; however, Customer grants TrendRadius a license to use such information and data solely to provide Customer with the Services. CUSTOMER IS SOLELY RESPONSIBLE FOR OBTAINING ALL RELEVANT PERMISSIONS FOR TRENDRADIUS TO COLLECT SUCH INFORMATION AND DATA FROM ITS CUSTOMERS OR OTHER APPLICABLE THIRD PARTIES. TRENDRADIUS WILL HAVE NO LIABILITY WHATSOEVER RESPECTING ANY CLAIM BY CUSTOMER, ITS CUSTOMERS, OR ANY THIRD PARTY WHOSE INFORMATION AND DATA ARE COLLECTED IN CUSTOMER’S USE OF THE SERVICES, WHETHER RELATED TO PRIVACY OR OTHERWISE, IN RELATION TO TRENDRADIUS’ USE OF SUCH INFORMATION TO PROVIDE THE SERVICES, AND CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD TRENDRADIUS HARMLESS AGAINST ANY SUCH CLAIMS.
  3. Customer’s Use of the Services
    1. Customer agrees that:
      1. Customer will not permit anyone other than an authorized representative of Customer’s organization to obtain access to the Services through Customer’s TrendRadius account or otherwise using Customer’s Access Information, and will only use the Services in accordance with this Agreement and applicable law;
      2. Customer will ensure that any information that is provided to TrendRadius pursuant to this Agreement is true, accurate, current and complete;
      3. Customer will be solely responsible for all activities with respect to the Services undertaken by Customer;
      4. Customer will not use the Services to provide commercial services to, or for the benefit of, any third party;
      5. Customer represents and warrants that Customer has the right and the authority to enter into this Agreement, to use the Services, and to post or upload any content to the Software or otherwise provide such content and data to TrendRadius;
      6. Customer agrees to obtain all authorizations necessary from all third parties for Customer’s use of any third party data in conjunction with the Services, including without limitation obtaining permission and all necessary rights from its customers to use their feedback to develop Customer’s product plans;
      7. Customer will ensure that Customer’s use of the Services does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including TrendRadius and other users of the Services (including by ensuring that Customer does not upload any viruses or other harmful code in using the Services or by placing an undue burden upon the CPUs, servers or other resources used to provide the Services);
      8. Customer will not in any way use the Services to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts, including any infringement of intellectual property rights, any fraudulent activities, any deceptive impersonation, or any activities that violate any third party’s privacy rights;
      9. Customer will not interfere with or in any manner compromise any of TrendRadius’ security measures;
      10. Customer will not alter, modify, delete, or otherwise interfere with or in any manner compromise any content, data and/or features accessible through the Services or Software, including, without limitation, the content delivery and display functionality of the Services and Software.
      11. Customer will cooperate with TrendRadius and provide information requested by TrendRadius to assist TrendRadius and/or relevant authorities in investigating or determining whether there has been a breach of this Agreement or applicable law.
      Without limiting the foregoing, Customer agrees not to violate any applicable laws, the rights of others, or the operational and security mechanisms of the Services.
    2. The Services will be subject to the usage policies as provided to Customer by TrendRadius from time to time, including in electronic form by posting on TrendRadius’ website. Such policies may include limitations on data storage space, and equipment and/or software requirements. Customer is solely responsible for compliance with such policies.
    3. Customer is solely responsible for the selection, implementation, installation, maintenance and performance of any and all equipment, software and services used in conjunction with using the Services (except for TrendRadius’ computer systems and networks), including without limitation Customer’s internal network infrastructure.
    4. Customer acknowledges and agrees that TrendRadius cannot guarantee data integrity, and that it is solely Customer’s responsibility to back up any of Customer’s information and data that Customer uses in conjunction with the Services.
    5. Customer acknowledges and agrees that TrendRadius will exercise no control over Customer’s use of the Services, and that Customer is solely responsible for complying with the provisions of this Agreement and all applicable laws respecting Customer’s use of the Services, including, without limitation, all privacy laws applicable to Customer’s customers. Notwithstanding anything to the contrary herein, TrendRadius reserves the right to review any material stored in files or programs on TrendRadius’ servers to verify Customer’s compliance with this Agreement, and has the right to edit or remove any material that, in its sole discretion, believes may be unlawful, obscene, abusive, or otherwise objectionable. TrendRadius reserves the right to revoke service for any abusive conduct or fraudulent use of the Services and to cease the Services, temporarily or permanently, in the event that Customer’s use of the Services or the provision of the Services constitutes, in TrendRadius’ reasonable judgment, a threat to TrendRadius’ or any third party’s computer systems, networks, files, materials or other data.
    6. Customer agrees to promptly and accurately report to TrendRadius any actual or apparent errors, problems, nonconformities or other difficulties in Services, along with any other information reasonably requested by TrendRadius to aid in resolving such errors, problems, nonconformities or other difficulties, and hereby consents to the collection, processing, transmission and disclosure of such information by TrendRadius for the purposes of TrendRadius’ internal use to improve the Services or other TrendRadius products or services.
    7. Customer agrees that any suggestions, bug reports or other communications respecting the functionality of the Software or Services that Customer transmits to TrendRadius by any means (each, a "Submission"), is considered non-confidential and may be disseminated or used by TrendRadius or any third party without compensation or liability to Customer for any purpose whatsoever. By providing a Submission to TrendRadius, whether for inclusion on the Services or otherwise, Customer represents and warrants that Customer has all necessary permissions to grant the licenses below to TrendRadius. Customer hereby grants TrendRadius, its affiliates and successors a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, develop, prepare derivative works of any Submission on, through or in connection with the Service, including without limitation, for promoting, improving and developing the Services. This provision does not apply to personal information that is subject to TrendRadius’ Privacy Policy.
    8. Customer specifically acknowledges that neither the Software nor the Services are developed, or licensed for use in any inherently dangerous, time-sensitive or mission critical applications. Customer agrees that TrendRadius shall not be liable for any claims or damages arising from such use if Customer use the Software or Services for such applications. Customer agrees to hold TrendRadius harmless from any claims for losses, costs, damages, or liability arising out of or in connection with the use of the Software or Services for such applications.
  4. The Software
    1. TrendRadius hereby grants Customer a personal, non-exclusive, revocable, non-transferable license to use the Software solely as accessed through TrendRadius’ website and solely for the purposes of using the Services. This license does not imply any rights to future upgrades or updates to, or versions of, the Software. However, if TrendRadius does provide Customer with any Software upgrades, updates or versions, such updates, upgrades and versions shall be subject to the terms and conditions of this Agreement or such agreement, if any, which accompanies such upgrades, updates or versions. Such Software upgrades, updates and versions may be subject to additional payments. Customer does not have the right to obtain or use any source code for the Software.
    2. Customer shall not:
      1. copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form the Software or any part thereof;
      2. remove, deface, cover or otherwise obscure any proprietary rights notice or identification on the Software (including without limitation any copyright notice or other notice of intellectual property ownership);
      3. use the Software in any way inconsistent with the use parameters for the Services;
      4. attempt to hack the Software or any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by TrendRadius with respect to the Software and/or data and/or content transmitted, processed or stored by TrendRadius or other users of the Services;
      5. collect any information or communication about the users of the Services or Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or Services or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing
      6. use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access to the Services or any computer system or that are designed to monitor, distort, delete, damage or disassemble the Software or its ability to communicate and perform the Services; or
      7. authorize, permit or otherwise acquiesce in any other party engaging in any of the activities set forth in (a) – (f) above, or attempting to do so.
      For the purposes of this provision “copy or reproduce” shall not include copying of statements and instructions of the Software during program execution when used in accordance with and for the purposes described in the user documentation or in the course of making backups of the computer or system on which the Software is installed, in accordance with industry standard business practices.
    3. Customer hereby represents and warrants that (i) Customer is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Customer is not listed on any U.S. Government list of prohibited or restricted parties.
  5. Support and Training
    1. Support, maintenance and training respecting the Software and Services will be provided subject to a separate written agreement between Customer and TrendRadius, and may be subject to additional fees.
  6. Fees for Services and Taxes
    1. Customer agree to pay all applicable fees in connection with the Services, as set forth in TrendRadius’ standard price list, as set forth on TrendRadius’ website or as otherwise provided to Customer.
    2. Fees are quoted and payable in Canadian dollars, and are based on Services purchased and not actual usage. Payment obligations are non-cancellable and fees paid are non-refundable. TrendRadius reserves the right to modify such fees, upon reasonable notice, upon sixty (60) days’ written notice to Customer.
    3. Where Customer pays fees by means of a credit card, Customer authorizes TrendRadius to automatically charge Customer for any and all fees incurred by Customer for Services. If Customer’s credit card is rejected for any reason, Customer will be responsible for any fees and charges associated with such rejection. The foregoing shall not limit TrendRadius’ ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and Customer shall also be responsible for paying for all reasonable fees and costs incurred by TrendRadius, including legal fees, in collecting any overdue amounts or enforcing any provision of this Agreement.
    4. In addition to any other rights and remedies available to TrendRadius, TrendRadius shall be entitled to charge interest on all outstanding amounts at the lesser of 1.5% per month or the maximum rate permitted by law, such interest commencing as of the due date for such payment.
    5. Customer is responsible for, and shall pay all taxes relating to this Agreement, excluding any taxes based on the net income of TrendRadius. Unless otherwise indicated, all amounts payable by Customer under this Agreement are exclusive of any tax, duty, levy, or similar government charge that may be assessed by any jurisdiction, whether based on gross revenue, the delivery, possession or use of the Services or Software, the execution of this Agreement or otherwise. If Customer is required to withhold any taxes from payments owed under this Agreement, the amount of payment due shall automatically be increased to offset such tax, so that the amount actually remitted to TrendRadius shall equal the amount invoiced or otherwise due. Customer shall promptly furnish TrendRadius with copies of all official receipts evidencing payment of taxes due under or in relation to this Agreement to the appropriate taxing authority.
  7. Privacy and Confidentiality
    1. Customer’s personal information will be handled in accordance with TrendRadius’ Privacy Policy. To view TrendRadius’ Privacy Policy, please visit the following link: Privacy Policy. Notwithstanding the foregoing, TrendRadius reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental authority.
    2. Additionally, by submitting personal information to TrendRadius pursuant to this Agreement, including without limitation Customer’s name, address, e-mail address and credit card or other financial information, Customer consents to the collection, processing, transmission and disclosure of such information by TrendRadius for the purposes of TrendRadius’ provision of the Services and TrendRadius’ internal use, and specifically the purposes for which such information has been requested, such as billing requirements. Customer specifically agrees that TrendRadius may disclose Customer’s name, address, e-mail address and/or account information to third party service providers to the limited extent necessary to provide Customer with the Services, and that you are also providing your express consent to communications from TrendRadius (including e-mail communications, both marketing and informational) respecting TrendRadius' products and services, including the Services and Software.
    3. Customer represents and warrants that Customer: (a) has obtained all relevant and informed consents to the inclusion of any personal information of its customers that may be provided to TrendRadius by Customer in connection with the Services, and (b) has the full right to include such personal information. Customer hereby agrees to defend, indemnify and hold TrendRadius harmless from and against any claims relating to such provision and inclusion of personal information in the Services. Without prejudice to the foregoing, TrendRadius reserves the right to delete any data containing such personal information where Customer’s customer requests such deletion.
    4. Customer acknowledges that, due to the nature of the Services, information or data uploaded to the Services may be hosted on servers residing in jurisdictions other than Canada, over which TrendRadius has no direct control. By using the Services, Customer acknowledges that its information and data may become, during the period that they are hosted on such servers, subject to the laws of the jurisdiction in which those servers reside and/or to the terms of agreements respecting the hosting of data on such servers. Although TrendRadius has made reasonable efforts to verify that its agreements with such server providers are reasonably protective of Customer’s data, Customer acknowledges that TrendRadius has no liability for any acts or omissions of third parties in relation to such servers and the data stored on them. Customer therefore hereby releases TrendRadius from all liability for any governmental or third party action taken in such jurisdictions with respect to such data (including Customer’s information, data, and any results, such as metrics and analytic reports, based on such data) and/or the servers on which such data resides, and Customer acknowledges that it retains sole responsibility to back up and retain copies of such information, data and reports.
  8. Intellectual Property Rights
    1. Customer is responsible for complying with all applicable intellectual property laws in Customer’s use of the Services, and agrees to indemnify, defend and hold TrendRadius harmless from any and all claims that arise as a result of Customer’s non-compliance with intellectual property laws and/or Customer’s infringement of any intellectual property rights, including without limitation any contravention of third party copyrights in relation to lesson plans uploaded or posted by Customer.
    2. Customer acknowledges that the Software is owned by TrendRadius, who retains all right, title and interest therein, and is protected by Canadian, U.S. and international copyright laws. In addition, other intellectual property laws (including patent laws) and treaties may protect the Software and Services. It is therefore Customer’s responsibility to fully comply with such laws in using and handling the Services and Software. Nothing herein shall be construed as constituting a sale of the Software or any portion thereof to Customer.
    3. Customer does not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Software, the Services, or any part thereof. Customer’s only rights to the Software, the Services and any part thereof shall be those rights expressly licensed or granted to Customer under this Agreement. Any rights not expressly granted under this Agreement are reserved.
  9. Disclaimer of Warranties
    1. THE SERVICES AND SOFTWARE ARE PROVIDED TO CUSTOMER "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. TRENDRADIUS ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED THROUGH THE SERVICES OR SOFTWARE. UNDER NO CIRCUMSTANCES WILL TRENDRADIUS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY CUSTOMER’S RELIANCE ON INFORMATION OBTAINED THROUGH USE OF THE SERVICES OR THE SOFTWARE. IT IS CUSTOMER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THE SERVICES AND SOFTWARE IS SOLELY AT CUSTOMER’S OWN RISK. TrendRadius has no special relationship with or fiduciary duty to Customer, and Customer acknowledges that TrendRadius has no control over, and no duty to take any action regarding any acts or omissions taken by Customer or any other user of the Services, including without limitation, how Customer or any other user may interpret or use materials accessed or developed through the Services, or what actions Customer may take as a result of having been exposed to information obtained through the Services. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to Customer.
  10. Limitation of Liability
    1. The only type of damages that can be recovered against TrendRadius arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be Customer’s direct damages, if any, arising from TrendRadius’ gross negligence, wilful misconduct or breach of this Agreement. In no event shall the aggregate liability of TrendRadius exceed the amount paid by Customer for the portion of the Services that gave rise to the claim. TRENDRADIUS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY PARTY CLAIMING BY OR THROUGH CUSTOMER FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICES. Without limiting the foregoing, Customer’s only right with respect to any problems or dissatisfaction with the Software is to discontinue the use of such Software, subject to any remedies available to Customer under Customer’s separate software license agreement, if any.
  11. Indemnification
    1. Customer agrees to indemnify, defend and hold harmless TrendRadius, its parents, subsidiaries, affiliates, officers and employees, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of: (a) Customer’s access to the Services, the Software, and any content obtained by Customer through the Services or Software, (b) Customer’s use or misuse of the Services and/or Software, (c) any breach of this Agreement by Customer, (d) the infringement by Customer, or any third party obtaining access to the Services through Customer’s Access Information, of any intellectual property or other right of any person or entity, or (e) Customer’s violation of any third-party rights or any applicable laws.
  12. Termination
    1. Either Party may terminate this Agreement for any reason upon thirty (30) days’ written notice to the other Party. Additionally, TrendRadius may terminate this Agreement and/or immediately cease to provide the Services without any liability whatsoever if TrendRadius is prevented from providing any portion or all of any Services due to the acts or omissions of Customer or any third party, or by any law, regulation, requirement or ruling issued in any form whatsoever by judicial or other governmental body. Nothing herein shall be construed to require TrendRadius to seek a waiver of any law, rule, regulation, or restriction, or seek judicial review or appeal of any court order. Upon any termination of this Agreement for any reason (whether by Customer or by TrendRadius), Customer must cease all use of the Services and Software.
    2. Without limiting other remedies, TrendRadius may limit Customer’s activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Customer’s account and refuse to provide Services to Customer if: (a) Customer breaches this Agreement or the documents it incorporates by reference; (b) TrendRadius is unable to verify or authenticate any information Customer provides; or (c) TrendRadius believes that Customer’s actions may cause financial loss or legal liability for Customer, other users or TrendRadius.
    3. TrendRadius reserves the right to investigate suspected violations of this Agreement. Customer hereby authorizes TrendRadius to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities, and other content providers in order to enforce the terms and conditions of this Agreement.
    4. The above-described actions are not TrendRadius’ exclusive remedies and TrendRadius may take any other legal, equitable or technical action it deems appropriate in the circumstances. TrendRadius will not have any liability to Customer or any third party in relation to the termination of this Agreement for any reason whatsoever.
    5. Termination of this Agreement for any reason shall not affect Customer’s payment obligation for any fees accruing hereunder or payments owing prior to the date of termination. Any provision of this Agreement which expressly states that it is to continue in effect after termination or expiration of this Agreement, or which by its nature would survive the termination or expiration of this Agreement, shall do so.
    1. Independent Contractors: Each Party shall perform its obligations hereunder as an independent contractor, and nothing contained in this Agreement shall be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the parties. Except as expressly authorized by TrendRadius in writing, Content Provider shall neither act nor purport to be acting as the legal agent of TrendRadius, nor enter into any agreement on behalf of TrendRadius or otherwise bind or purport to bind TrendRadius in any manner whatsoever.
    2. Notices: Any notices, reports or other communications required or permitted to be given under this Agreement shall be in writing and shall be sufficient if delivered by hand or sent by registered mail, courier or facsimile addressed to Customer or TrendRadius at their respective addresses as advised in writing.
    3. No Waiver: No waiver by either Party of a breach or omission by the other party under this Agreement shall be binding on the waiving Party unless it is expressly made in writing and signed by the waiving Party. Any waiver by a Party of a particular breach or omission by the other Party shall not affect or impair the rights of the waiving party in respect of any subsequent breach or omission of the same or different kind.
    4. Severability: If any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from this Agreement, in which event this Agreement shall be construed as if such provision had never been contained herein.
    5. Governing Law: This Agreement shall be governed by and construed under the laws of the Province of Ontario. Each Party hereto irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts located in the Province of Ontario. The Parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement. In construing, interpreting and enforcing this Agreement, choice of law principles shall not apply.
    6. Entire Agreement/Modification: This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings relating to the subject matter hereof. This Agreement may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both Parties.
    7. Electronic Agreement: Customer acknowledges and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by TrendRadius to show your acceptance of this Agreement and/or your agreement to use the Services), Customer is entering into a legally binding contract. Customer hereby agrees to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Software or the Services. Furthermore, Customer hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    8. English language: It is the express will of the parties that this Agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
  14. Contact
    1. Any questions regarding this Agreement, or any questions, complaints, claims or other legal concerns relating to TrendRadius or its business, should be directed to TrendRadius at:
    2. TrendRadius Inc.
      151 Charles Street West, Suite 100
      Kitchener, Ontario, N2G 1H6