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Last updated 07/15/2024


TREND SELLERS MESSAGING TERMS & CONDITIONS

Trend Sellers LLC (hereinafter, "Trend Sellers," "We," "Us," "Our") is offering
a mobile messaging program (the "Program"), which you agree to use and
participate in subject to these Mobile Messaging Terms and Conditions and
Messaging Privacy Policy.

By opting in to or participating in any of our Programs, you accept and agree to
these terms and conditions, including, without limitation, your agreement to
resolve any disputes with us through binding, individual-only arbitration, as
detailed in the "Dispute Resolution" section below. In arbitration there is less
discovery and appellate review than in court. Please review carefully.

By opting in to or participating in any of our Programs, you represent and
warrant that you do so because of a genuine desire to receive discounts,
promotions, and other news or information from Us and not because of a desire or
intent to initiate litigation or bring legal claims against any party. If you
have requested to receive SMS with a desire to bring legal claims against Us or
any vendors acting on our behalf, then you shall immediately unsubscribe using
the instructions set forth below and agree to indemnify Us and/or those vendors
for any expenses, including attorneys' fees, associated with defending such
claims.

This Agreement is limited to the Program and is not intended to modify other
Terms and Conditions or Privacy Policy that may govern the relationship between
you and Us in other contexts (including those in the "Other Terms and Policies"
section below). Regardless of the opt-in method you utilized to join the
Program, you agree that this Agreement applies to your participation in the
Program.

1. User Opt In.

 a. Consent to Receive Recurring Automated Messages. You agree to receive
    recurring automated promotional and personalized marketing text (e.g., SMS
    and MMS) messages (e.g. cart reminders) from Trend Sellers, including text
    messages that may be sent using an automatic telephone dialing system, to
    the mobile telephone number you provided when signing up or any other number
    that you designate. By providing your phone number, you represent and
    warrant that you are providing your own phone number, and not someone
    else's, and that you are a legally-authorized user of this phone number.
    Consent to receive automated marketing text messages is not a condition of
    any purchase. While you consent to receive messages sent using an
    autodialer, the foregoing shall not be interpreted to suggest or imply that
    any or all of Our mobile messages are sent using an automatic telephone
    dialing system ("ATDS" or "autodialer"). Message and data rates may apply.
    Message frequency varies.
 b. Consent to Receipt of Electronic Information and E-Sign. Notwithstanding
    anything herein to the contrary, you understand that applicable law may
    require Us to provide certain information to you in writing in connection
    with any consent to receive advertising and telemarketing telephone calls
    and text messages. By opting-in to Our texting program, you authorize Us to
    provide this information to you electronically instead of in a separate
    paper document. You understand that you may withdraw this consent, update
    your information, or request a free paper copy of the information by
    emailing us at support@trend-sellers.com. You understand that to access and
    retain a copy of this webpage, you will need: (i) a device (such as a
    computer or mobile phone) with a web browser and Internet access; and (ii)
    available storage space on that device to download a copy of this webpage of
    a connected printer to print a copy of this webpage.
 c. Disclosure of Data to Identify Device and Prevent Fraud. Further, You
    authorize the use or disclosure of information about your account and your
    wireless device, if available, by or to your wireless carrier, Trend Sellers
    or Our service provider(s), including Stodge Inc. dba Postscript, to help
    identify you or your wireless device when you opt-in to receive text
    messages from any Postscript customer and to endeavor to detect and prevent
    fraud. See our Messaging Privacy Policy for how we treat your data.

2. User Opt Out. If you do not wish to continue participating in the Program or
no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, REVOKE,
OPT OUT, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out
of the Program. You may receive an additional mobile message confirming your
decision to opt out. To the maximum extent permitted by law, You understand and
agree that the foregoing options are the only reasonable methods of opting out.
You acknowledge that our text message platform may not recognize and respond to
unsubscribe requests that alter, change, or modify the STOP, END, CANCEL,
REVOKE, OPT OUT, UNSUBSCRIBE or QUIT keyword commands, such as the use of
different spellings or the addition of other words or phrases to the command,
and agree that Trend Sellers and its service providers will not have liability
for failing to honor requests that are designed to circumvent the automated
opt-out processes described above. You agree that other methods of opting out,
including, but not limited to, texting words other than those set forth above or
verbally requesting one of our employees to remove you from our list, may not be
deemed to be reasonable methods of opting out. Our Do Not Call Policy is
attached to these Terms of Service as Appendix A.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy,
Trend Sellers Terms of Service and Trend Sellers Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that
opt into the Program can expect to receive messages concerning the marketing,
promotion, payment, customer support, delivery (including order confirmations,
tracking information, and shipping updated via email), other
transactional-related messages and sale of goods and services. Messages may
include checkout reminders.

5. AI-Generated Message Content: You are advised that from time to time We may
utilize certain generative artificial intelligence (AI) services provided by
third-parties to develop or suggest the content of messages that we choose to
send to you. Some of these messages may be tailored to your interests based on
information available to Us. By enrolling and remaining in the program, You
agree to the use of AI and further that Our use of these AI services does not
make those third-parties either senders or initiators of the text messages or
otherwise responsible for the messages.

6. Message Frequency, Cost and Changes. Message and data rates may apply. You
agree to receive messages periodically at Our discretion. Daily, weekly, and
monthly message frequency will vary. We reserve the right to alter the frequency
of messages sent at any time, so as to increase or decrease the total number of
sent messages. We also reserve the right to change the short code or phone
number from which Our messages are sent.

7. Support Instructions. For support regarding the Program, text "HELP" to the
number you received messages from or email us at support@trend-sellers.com.
Please note that the use of this email address is not an acceptable method of
opting out of the program. Opt outs must be submitted in accordance with the
procedures set forth above.

8. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your
mobile device does not support MMS messaging.

9. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and
may not be available in all areas at all times and may not continue to work in
the event of product, software, coverage or other changes made by your wireless
carrier. We will not be liable for any delays or failures in the receipt of any
mobile messages connected with this Program. Delivery of mobile messages is
subject to effective transmission from your wireless service provider/network
operator and is outside of Our control. Carriers are not liable for delayed or
undelivered mobile messages.

10. Supported Devices. The Program is offered on an "as-is" basis. Not all
mobile devices or handsets may be supported and our messages may not be
deliverable in all areas. Trend Sellers, its service providers and the mobile
carriers supported by the program are not liable for delayed or undelivered
messages.

11. Contact. This Program is a service of Trend Sellers, located at 5721 NW
112th Ave #108, Doral FL 33178, US.

12. Age Restriction: You may not use or engage with the Platform if you are
under thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must have
your parent's or legal guardian's permission to do so. By using or engaging with
the Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and
have your parent's or legal guardian's permission to use or engage with the
Platform, or are of adult age in your jurisdiction. By using or engaging with
the Platform, you also acknowledge and agree that you are permitted by your
jurisdiction's Applicable Law to use and/or engage with the Platform.

13. Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:

 * Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or
   stalking activity;
 * Objectionable content, including profanity, obscenity, lasciviousness,
   violence, bigotry, hatred, and discrimination on the basis of race, sex,
   religion, nationality, disability, sexual orientation, or age;
 * Pirated computer programs, viruses, worms, Trojan horses, or other harmful
   code;
 * Any product, service, or promotion that is unlawful where such product,
   service, or promotion thereof is received;
 * Any content that implicates and/or references personal health information
   that is protected by the Health Insurance Portability and Accountability Act
   ("HIPAA") or the Health Information Technology for Economic and Clinical
   Health Act ("HITEC" Act); and
 * Any other content that is prohibited by Applicable Law in the jurisdiction
   from which the message is sent.

14. State Telemarketing Law - Residence: To the extent the law is relevant and
applicable to the Program, we endeavor to comply with applicable state
telemarketing laws, including, but not limited to, the Florida Telemarketing Act
and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022,
the Maryland Stop the Spam Calls Act of 2023, New Jersey's Senate Bill 921
(2023), and the Virginia Telephone Privacy Protection Act. For purposes of
compliance with these state laws, you agree that we may assume that you are a
resident of a particular state if, at the time of opt-in to the Program, the
area code for the phone number used to opt-into the Program is an area code
associated with that state. Further, You agree that You will not assert that you
are a resident of a state other than the state applicable to your area code
unless you affirmatively advise us in writing that you are a resident of a
specific state by sending written notice to us. Insofar as you are a resident of
a state with an applicable telemarketing law, you further agree that any mobile
messages sent by Us in direct response to mobile messages or requests from You
(including but are not limited to response to Keywords, opt-in, help or stop
requests and shipping notifications) shall not constitute a “commercial
telephone solicitation phone call”, “telephonic sales call”, “telemarketing
sales call”, “telephone solicitation”, or “unsolicited telemarketing sales call”
for purposes of these state laws, to the extent the law is otherwise relevant
and applicable.

15. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver).

Our Customer Service Specialists are ready to assist you and address your
concerns—email us at: support@trend-sellers.com.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT
ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF
CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND
LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS
THAT YOU OR Trend Sellers WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO
MAY NOT BE AVAILABLE IN ARBITRATION.

Binding Individual Arbitration: In the event that there is a dispute, claim, or
controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript
or any other third-party service provider acting on Our behalf to transmit the
mobile messages within the scope of the Program, arising out of or relating to
federal or state statutory claims, common law claims, this Agreement, or the
breach, termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of this agreement to arbitrate
("Dispute"), such Dispute will be, to the fullest extent permitted by law and
applicable rules, determined by arbitration before one arbitrator, provided,
however, that no party shall be precluded from seeking remedies in small claims
court for disputes or claims within the scope of its jurisdiction. Whether a
Dispute falls within the jurisdictional limits of small claims court is for the
small claims court to decide. This clause shall not preclude parties from
seeking provisional remedies in aid of arbitration from a court of appropriate
jurisdiction.

Dispute will be given the broadest possible meaning permitted by law. It
includes, but is not limited to: (a) any dispute or claim that arose before the
existence of these or any prior Terms and Conditions (including, but not limited
to, claims relating to advertising); (b) any dispute or claim that is currently
the subject of a purported class action litigation in which you are not a member
of a certified class; and (c) any dispute or claim that may arise after
termination of these Terms and Conditions and our relationship with you and
Stodge Inc. d/b/a Postscript or any other third-party service provider acting on
Our behalf. Dispute, however, does not include disagreements or claims
concerning patents, copyrights, trademarks, trade secrets, or other intellectual
property, and claims of piracy or unauthorized use of intellectual property. The
arbitrator shall decide all issues that relate to the scope, validity, and
enforceability of the Agreement. You and Trend Sellers agree that these Terms
and Conditions evidence a transaction in interstate commerce and that this
arbitration agreement will be interpreted and enforced in accordance with the
Federal Arbitration Act and U.S. federal arbitration law and not state
arbitration law.

Mandatory Informal Dispute Resolution Process. If you and Trend Sellers have a
Dispute, you and Trend Sellers agree to make a good faith effort to informally
resolve it. The party initiating the Dispute must send a written notice to the
other party that describes the Dispute. The notice must include all of this
information: (a) the initiating party's contact information (including name,
address, telephone number, and email address) (with their counsel's contact
information, if represented); (b) sufficient information to enable the other
party to identify any phone number(s), transaction(s), or account(s) at issue;
and (b) a detailed description of (1) the Dispute, (2) the nature and basis of
the claims, and (3) the nature and basis of the relief sought, with a detailed
calculation for such relief. The notice must be personally signed by the party
initiating the Dispute (and their counsel, if represented).

If you have a Dispute with us, you must send this notice, including all of the
information referenced above, by email to: support@trend-sellers.com or by mail
to: 5721 NW 112th Ave #108, Doral FL 33178, US. If we have a Dispute with you,
we will send this notice, including all of the information referenced above, to
you at the most recent contact information we have on file for you or, if we do
not have a mailing address on file, you authorize us to text you at the phone
number we have available to seek your mailing address.

For a period of sixty (60) days from receipt of a completed notice (which can be
extended by agreement of the parties), you and we (and counsel, if you and we
are represented) agree to negotiate in good faith in an effort to informally
resolve the Dispute. To this end, the party receiving the notice may request a
telephone or video settlement conference to aid in the resolution of the
Dispute. If such a conference is requested, you and a Trend Sellers
representative will personally attend (with counsel, if you and we are
represented). The conference will be scheduled for a mutually convenient time,
which may be outside of the 60-day period.

If the Dispute is not resolved within sixty (60) days after receipt of a
completed notice (which period can be extended by agreement of the parties), you
or Trend Sellers may commence a formal dispute resolution proceeding consistent
with the process set forth below. Compliance with and completion of this
Mandatory Informal Dispute Resolution Process ("Process") is a condition
precedent to you or Trend Sellers commencing any formal dispute resolution
proceeding in arbitration or small claims court. All applicable limitations
periods (including statutes of limitations) will be tolled from the date of
receipt of a completed notice through the conclusion of this Process. If the
sufficiency of a notice or compliance with this Process is at issue, such issue
may be raised with and decided by a court at either party's election, and any
formal dispute resolution proceeding shall be stayed pending resolution of the
issue. A court of competent jurisdiction shall have the authority to enforce
this condition precedent to arbitration, which includes the power to enjoin the
filing or prosecution of a demand for arbitration. Nothing in this section
limits the right of a party to raise the sufficiency of a notice or compliance
with this Process or to seek damages for non-compliance with this Process in
arbitration, including with a Process Arbitrator. You or we may commence
arbitration only if the Dispute is not resolved through compliance with this
Process.

Arbitration Generally; Relief Available. There is no judge or jury in
arbitration, and court review of an arbitration award is limited pursuant to the
FAA. However, an arbitrator can award on an individual basis the same damages
and relief as a court (including injunctive and declaratory relief or statutory
damages), and must follow the Terms as a court would. For the avoidance of
doubt, the arbitrator can award public injunctive relief if authorized by law
and warranted by the individual claim(s).

Arbitration Proceedings and Rules, Including Provisions Governing Mass
Arbitrations. The following rules and procedures shall apply:

 * Any arbitration will be administered by New Era ADR in accordance with their
   Virtual Expedited Arbitration Rules and Procedures, as well as any applicable
   General Rules and Procedures, except as modified by the Terms. New Era ADR's
   Virtual Expedited Arbitration Rules and Procedures and General Rules and
   Procedures are both available at www.neweraadr.com/rules-and-procedures/.
   Please review these procedures carefully because they may impact how your
   complaint is handled and these procedures differ from those that would
   otherwise apply if you elected to pursue your claim individually in small
   claims court.
 * When You initiate arbitration, the only fee You are required to pay is New
   Era's consumer filing fee, which is currently a maximum of $300 for a
   consumer. All other fees or expenses charged by New Era ADR will be paid by
   us (unless the arbitrator finds that either the substance of your claim or
   the relief sought is frivolous or brought for an improper purpose). You are
   responsible for fees and expenses owed to your legal counsel, if any, unless
   the arbitrator determines that an award of attorney's fees is warranted under
   applicable law.
 * New Era ADR's rules and procedures include unique procedures for “mass
   arbitrations,” which are situations in which five (5) or more cases are filed
   that arise out of common issues of law and fact and are brought by the same
   law firm or group of law firms. Mass arbitration procedures are designed to
   provide for a more cost-effective resolution of disputes. Those mass
   arbitration procedures call for a limited number of cases to be treated as
   “bellwether” cases to be resolved on the merits earlier than other cases. The
   outcome of bellwether cases may be treated as precedent in evaluating the
   remaining cases. You understand and agree that these Procedures for Mass
   Arbitrations will apply and that they are designed to (a) lead to the
   streamlined and cost-effective resolution of claims; (b) ensure that large
   volume filings do not impose unnecessary burdens or impediments to the
   resolution and cost-effective adjudication of similar claims; and (c)
   preserve the integrity of the arbitration process. You also understand and
   agree that by choosing to bring your Dispute as a part of a Mass Arbitration
   that the resolution of your Dispute might be delayed and ultimately proceed
   in court and not in arbitration. The parties agree that as part of these
   procedures, their counsel shall meet and confer in good faith in an effort to
   resolve the Disputes, streamline procedures, address the exchange of
   information, modify the number of Disputes to be adjudicated, and conserve
   the parties' and New Era ADR's resources.
 * If any provision of this Agreement is deemed by an arbitrator not to comply
   with the Minimum Fairness Standards published by New Era ADR and available at
   https://www.neweraadr.com/ then the Minimum Fairness Standards should be
   deemed to be incorporated by reference and any offending provision shall be
   deemed unenforceable.
 * The arbitrator shall be selected pursuant to New Era ADR's standard rank and
   strike process, as set forth in New Era ADR's General Rules and Procedures.
 * Except as otherwise provided herein, the arbitrator shall apply the
   substantive laws of the state and Federal Judicial Circuit in which Trend
   Sellers LLC's principle place of business is located, without regard to its
   conflict of laws rules.
 * By signing the demand for arbitration, a party (and their counsel, if
   represented) certifies that they have complied with (a) the Dispute
   Resolution provisions of this agreement and (b) all of the requirements of
   Federal Rule of Civil Procedure 11(b), including that the claims and relief
   sought are neither frivolous nor brought for an improper purpose. The
   arbitrator is authorized to award any relief or impose any sanctions
   available under Federal Rule of Civil Procedure 11 or applicable federal or
   state law against all represented parties and counsel as a court would.
 * The arbitrator may award any relief or remedy that would be available in a
   court of law, including attorneys' fees and punitive damages where permitted
   by statute and is permitted to apply the cost-shifting provisions of Federal
   Rule of Civil Procedure 68 after entry of an award.
 * The arbitrator shall issue a reasoned written decision sufficient to explain
   the essential findings and conclusions. In the event of a Mass Arbitration,
   the parties agree that, for the sake of efficiency, an arbitrator's written
   decision may address some or all of the cases jointly. The decision of the
   arbitrator shall be final and binding, and no party shall have rights of
   appeal except for those provided in section 10 of the FAA.
 * Except as may be required by law, neither a party nor the arbitrator may
   disclose the existence, content, or results of any arbitration without the
   prior written consent of both parties, unless to protect or pursue a legal
   right. Notwithstanding anything to the contrary in this Agreement, if Trend
   Sellers makes any future change to this arbitration provision, you may reject
   the change by sending Us written notice within 30 days of the change to 5721
   NW 112th Ave #108, Doral FL 33178, US, in which case this arbitration
   provision, as in effect immediately prior to the changes you rejected, will
   continue to govern any disputes between you and Trend Sellers.

No class actions or juries. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS
AGREEMENT, YOU AND Trend Sellers ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY
OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO
AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to
arbitrate solely on an individual basis, and this agreement does not permit
class arbitration or any claims brought as a plaintiff or class member in any
class or representative arbitration proceeding.

Invalidity and Survivability. If any term or provision of this Section is
invalid, illegal, or unenforceable in any jurisdiction, such invalidity,
illegality, or unenforceability shall not affect any other term or provision of
this Section or invalidate or render unenforceable such term or provision in any
other jurisdiction. If for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination of your
agreement to participate in any of our Programs.

Future Changes to Dispute Resolution Section. Notwithstanding any provision to
the contrary, you and we agree that if Trend Sellers makes any future changes to
this arbitration agreement (other than a change to the mailing or email
address), you may reject any such change by sending us written notice personally
signed by you within thirty (30) days of the change to Trend Sellers at 5721 NW
112th Ave #108, Doral FL 33178, US. The written notice must include the
following information: (a) your name, address, phone number, and email address
and (b) a statement that you wish to opt out of changes to the arbitration
agreement. Such written notice does not constitute an opt out of arbitration
altogether. By rejecting any future change to the arbitration agreement, you are
agreeing that you will arbitrate any Dispute between us in accordance with the
language of this version of the arbitration agreement.

16. Miscellaneous. You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to the terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of such
obligations will place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided for herein
will not be deemed a waiver of any further rights hereunder. If any provision of
this Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that the terms of this
Agreement will otherwise remain in full force and effect and enforceable. Any
new features, changes, updates or improvements of the Program shall be subject
to these terms unless explicitly stated otherwise in writing. We reserve the
right to change these terms from time to time. Any updates to this Agreement
shall be communicated to you. Prior to such communication, the terms of this
Agreement in effect as last made available to you immediately prior to your
receipt of the notice will continue to govern our relationship. You acknowledge
your responsibility to review this Agreement from time to time and to be aware
of any such changes. By continuing to participate in the Program after any such
changes, you accept this Agreement, as modified.

Appendix A

Trend Sellers
Do Not Call Policy: Text Messaging

Regulatory Summary Regarding The Telephone Consumer Protection Act (TCPA)

The federal Telephone Consumer Protection Act (TCPA), related FCC regulations,
and related court interpretations protect consumers from specific types of
telemarketing. Under the TCPA “telemarketing” is defined as “the initiation of a
telephone call or message for the purpose of encouraging the purchase or rental
of, or investment in, property, goods, or services, which is transmitted to any
person.” 47 C.F.R. § 64.1200(f)(13). The TCPA imposes requirements for cold
calls, prerecorded sales calls, and the use of autodialers. The TCPA also
authorized the creation of the National Do Not Call Registry as well as internal
Do Not Call lists. Various states have also adopted their own telemarketing
laws.

Trend Sellers is committed to complying with federal and state Do Not Call laws.
This policy relates specifically to our compliance with those requirements for
the purposes of sending text messages that constitute telemarketing. It is Our
policy to not send telemarketing text messages to:

 * Any telephone number for which we have not received prior express written
   consent, as defined by the Federal Communications Commission; and
 * Any telephone number on Our Internal Do Not Call List.

We will maintain an Internal Do Not Call list and will promptly honor a request
made in a reasonable manner to place your telephone number Our Do Not Call list
within a reasonable time of such request, not to exceed 10 business days from
the date of said request. To be placed on Our Do Not Call list, you may:

 * Reply STOP, END, CANCEL, REVOKE, OPT OUT, UNSUBSCRIBE, or QUIT to any mobile
   message from Us in order to opt out of the Program. Any other language used
   may not be recognized by Our system which may result in the request to
   opt-out not being processed.
 * Request to be put on Our list by contacting customer service at
   support@trend-sellers.com and providing your name and telephone number.

Your telephone number shall be retained indefinitely on Our Do Not Call list
unless you subsequently provide new prior express written consent to rejoin our
SMS list. If you change your number, you must request for the new number to be
put on Our Do Not Call list.