TrendSource TOS

ACCEPTANCE OF TERMS:
TrendSource provides its service to you (hereinafter the "Customer") subject to the following Terms of Service (hereinafter "TOS"), which may be updated by TrendSource from time to time without notice to Customer. Customer can review the most current version of the TOS at any time at: https://siteinspections.trendsource.com/SignUp/Default.aspx?source=Label. In addition, when using TrendSource owned or operated services, Customer and TrendSource shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. TrendSource may also offer other services that are governed by different terms of service.

PARTIES TO PURCHASE ORDER:
By confirming your acceptance of the TOS and/or submitting an order, Customer hereby enters into this Purchase Order (hereinafter “Agreement”) with TrendSource, Inc., which has its principal business located at 4891 Pacific Highway, Suite 200, San Diego, California 92110.

CUSTOMER IS ORDERING ONLINE:
Physical Site Inspections are billed at the amount of Label (subject to current promotional pricing if applicable) per inspection unless otherwise noted, and will meet the requirements of the following credit bureaus at the time of purchase: . There will be a charge for all visits that are ordered and scheduled. The Customer agrees that they are responsible to pay for all ordered and scheduled visits and are responsible to ensure only authorized personnel who have the authority to order visits are given access to the ordering website. All orders must be Pre-Paid. Orders placed On-Line or faxed must be paid by a valid credit card. Orders submitted by mail may be paid by valid credit card and/or check. Orders paid by check will processed subsequent to the check clearing.

CUSTOMER IS ORDERING VIA FAX OR MAIL:
All inspections ordered via fax and/or mail will be subject to an additional $10 processing fee. Final inspection reports will be emailed and available to the apartment association. The final reports will not be accessible to the Customer.

INSPECTION DESCRIPTION:
TrendSource will provide onsite physical business site inspections per certification standards. A TrendSource field agent will contact the company/business to be visited and schedule an inspection appointment. The field agent will visit the location at the set time, fill out the Certified Physical Inspection Checklist, and take the required photographs.

ONLINE ORDERING & REPORTING:
TrendSource will provide Customer with their own secure website for the purposes of ordering site inspections, tracking assignments and canceling requests. Website down time due to computer problems, unforeseen circumstances or server maintenance may occur from time to time and advance notice will be provided whenever feasible. Information will be exportable in MS Excel, PDF, and email. Websites and programming furnished by TrendSource are part of The Rapid Knowledge Transfer System™ and are the proprietary and intellectual property of TrendSource. Customer acknowledges and agrees that TrendSource is, and shall remain sole owner of The Rapid Knowledge Transfer System™ and associated proprietary documentation.

USE OF Customer DATA:
The Customer data and information compiled by TrendSource pursuant to this Agreement is treated as confidential information by TrendSource. TrendSource shall hold Customer’s confidential information in strict confidence, and shall limit disclosure of Customer information to only authorized third parties. By agreeing to the terms and conditions set forth within the Customer authorizes the disclosure of Customer information to Label for the purpose of meeting state and federal law, consumer credit reporting and tenant screening regulations, and the Label bylaws. TrendSource does not control the use of Customer information by authorized third parties. Customer agrees without prejudice to release TrendSource from any liability and/or claims associated with the release of Customer information to authorized third parties. TrendSource will take all reasonable precautions necessary to safeguard this data and information from unauthorized release. Customer hereby expressly understands and agrees that TrendSource can utilize any such Customer information and data, for purposes of compiling statistical industry data and other TrendSource reporting information and products, as long as TrendSource does so without specific reference to the Customer's business name.

SITE INSPECTION GUIDELINES & CANCELLATIONS:

Customer will provide to TrendSource, utilizing the online ordering system or via fax/mail order form, the following information for each location to be visited:

Site Inspections will occur as determined by the needs of the Customer. Requests for site inspections that are accepted by TrendSource to be executed will be processed and completed within ten (10) days of their receipt provided that all required information is accurate and barring any situations not in TrendSource’s or it’s authorized agent’s control. The operating standard for our turn-around time for inspections is 3-5 days except for "remote locations". Requests with incorrect address, phone or contact information or visits where the field agent is unable to perform the inspection due to the contact at the location failing to honor the set appointment time will be rescheduled beginning with new information or a new appointment time as a new site inspection. Inspections where a field agent has scheduled an appointment and the contact is not there when the field agent arrives at the appointment time will be charged as an inspection at the amount of (subject to current promotional pricing if applicable). TrendSource at their discretion may choose to start the site inspection cycle again at day one (1) of the request for delivery purposes. TrendSource reserves the right to modify the price in the future for site inspections not yet purchased.

At any time, either Customer or TrendSource may, by written notice delivered to the non-terminating party’s principal place of business, terminate this Agreement. The effective date of termination provided of this Agreement shall be as specified in such written notice and shall be no less than thirty (30) days from the date written notice is provided by the non-terminating party.

Customer shall indemnify, defend and hold harmless, TrendSource and each of its directors, shareholders, officers, directors, agents, contractors, employees, and Label from any loss, claim, lawsuit, damage, liability or expense, of any nature or kind (including any attorneys' fees incurred) arising from any claim, lawsuit or demand of any kind made by any third party, including, but not limited to, any of Customer's employees, franchisees, agents and/or representatives that in any way involves the work performed by TrendSource pursuant to this Agreement, including specifically the work described in the "Shop Description" paragraph within this Agreement. Customer's duty to indemnify, defend and hold harmless TrendSource under this paragraph specifically extends to all claims, lawsuits or demands resulting from the physical inspections, photographs, evaluations, standard products and/or completion of the inspection checklists by TrendSource, as well as any claims, lawsuits or demands resulting from any corrective action taken by Customer including the termination of its employees and/or termination of contracts that are based in whole or in part on the work performed by TrendSource for Customer pursuant to this Agreement.

All orders must be pre-paid prior to performing the Physical Site Inspection. Customer agrees to prepay for all services ordered under this Agreement by credit card or check. Customer hereby authorizes TrendSource to charge Customer's credit card in the amount due for all services ordered by Customer. Customer hereby agrees and confirms that sufficient funds will be available within Customer's credit card or bank account(s) to cover the transactions that are ordered by Customer and scheduled for payment. Customer agrees to pay a $25 fee for any payment returned due to insufficient funds. Failure to pay all order and fees will result in a lockout of service and rejecting of future orders. Any legal fees and collection costs incurred by TrendSource or its agents in collecting payment from Customer shall be paid by Customer in addition to any outstanding past due balance. Failure to pay may also result in automatic cancellation of this Agreement.

This Agreement, including the TOS, which may be updated by TrendSource from time to time without notice to Customer, shall constitute the entire understanding and Agreement between the parties as to the subject matter of this document. It is mutually agreed that for the purposes of this agreement this contract is being consummated in the State of California USA. Any other modifications to this Agreement must be agreed to in writing by both parties to this Agreement and signed by a duly authorized officer of each party.

The parties to this Agreement represent that they will both act in good faith in trying to informally resolve any disputes they have between each other regarding this Agreement, including the TOS. To the extent any dispute cannot be resolved informally, the parties to this Agreement shall submit their dispute to the American Arbitration Association (“AAA”) or another mutually agreed upon arbitrator, in San Diego, California for a binding and final arbitration and any such proceeding shall be governed by California law.

By accessing this website, you hereby acknowledge and agree that all content and the collection, arrangement and assembly of the content on this website and related systems is the property of TrendSource. Therefore, all users hereby acknowledge that all the content included on the website or otherwise made available via this system, including, but not limited to text, graphics, logos, trademarks, trade names, button icons, images, pre-design templates, sounds, software and other material, is the sole and exclusive property of TrendSource. Your use of this website and related systems is therefore non-transferable and limited and cannot be used for any other purpose without the express written consent of TrendSource. Please acknowledge your acceptance of this User Agreement by clicking on the button icon below.