Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and DKS TRENDGOODS LLC, a company registered in the United States with its principal place of business at 2054 Michelle St, Los Banos, CA 93635-6495. By accessing our website at www.dkstrendgoods.lol or engaging our services, you agree to be bound by these terms.

If you do not agree with any part of these terms, you must not use our website or services. We reserve the right to modify these terms at any time, and your continued use of our services constitutes acceptance of any changes.

Services Description

DKS TRENDGOODS LLC provides professional services in the following areas:

• Computer integrated systems design and implementation
• Professional technical consulting services
• Scientific and technical services
• System maintenance and support services
• Related professional, scientific, and technical services

Specific service details, deliverables, timelines, and pricing are outlined in individual service agreements or statements of work executed between DKS TRENDGOODS LLC and the client.

Use of Website

Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms of Service. You agree not to:

• Use the website in any way that violates applicable laws or regulations
• Engage in any conduct that restricts or inhibits anyone's use of the website
• Attempt to gain unauthorized access to any portion of the website or related systems
• Use automated systems to access the website without our express written permission
• Introduce viruses, malware, or other harmful code
• Collect or harvest information about other users without their consent
• Impersonate or misrepresent your affiliation with any person or entity

Intellectual Property Rights

All content on this website, including text, graphics, logos, images, software, and design elements, is the property of DKS TRENDGOODS LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from our website without our express written permission.

Service Agreements

Engagement Terms

Professional services are provided pursuant to written agreements that specify the scope of work, deliverables, timelines, fees, and other relevant terms. These service agreements take precedence over these general Terms of Service in case of any conflict.

Client Responsibilities

Clients engaging our services agree to:

• Provide accurate and complete information necessary for service delivery
• Grant timely access to systems, data, and personnel as required
• Respond promptly to requests for information or decisions
• Maintain appropriate backups of critical data
• Comply with all applicable laws and regulations
• Pay fees according to agreed-upon terms

Our Responsibilities

DKS TRENDGOODS LLC commits to:

• Deliver services with professional skill and care
• Meet agreed-upon timelines and deliverables
• Maintain confidentiality of client information
• Provide qualified personnel for service delivery
• Communicate regularly regarding project status
• Address issues and concerns promptly

Fees and Payment

Service fees are specified in individual service agreements. Unless otherwise stated:

• Fees are quoted in United States Dollars (USD)
• Payment terms are net 30 days from invoice date
• Late payments may incur interest charges at the rate of 1.5% per month
• We reserve the right to suspend services for non-payment
• Clients are responsible for all taxes, except those based on our net income
• Expenses incurred on behalf of clients will be billed separately unless included in fixed-price agreements

Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of our business relationship. Confidential information includes technical data, business strategies, client lists, pricing information, and any information marked as confidential.

This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law. Confidentiality obligations survive the termination of our business relationship.

Warranties and Disclaimers

Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. If services fail to meet this warranty, we will re-perform the services at no additional charge.

Disclaimer of Other Warranties

Except as expressly stated in service agreements, our services and website are provided on an AS IS and AS AVAILABLE basis. We disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We are not responsible for delays or failures due to circumstances beyond our reasonable control.

Limitation of Liability

To the maximum extent permitted by law, DKS TRENDGOODS LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from or related to our services or website.

Our total liability for any claims arising from our services shall not exceed the fees paid by the client for the specific services giving rise to the claim during the twelve months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless DKS TRENDGOODS LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services or website
• Your violation of these Terms of Service
• Your violation of any rights of another party
• Your violation of applicable laws or regulations

Term and Termination

These Terms of Service remain in effect while you use our website or services. Service agreements may be terminated according to their specific terms.

We reserve the right to suspend or terminate your access to our website or services at any time for violation of these terms or for any other reason at our sole discretion.

Upon termination, you must cease all use of our services and website. Provisions regarding confidentiality, intellectual property, limitation of liability, and indemnification survive termination.

Dispute Resolution

Governing Law

These Terms of Service are governed by the laws of the State of California and the United States, without regard to conflict of law principles.

Arbitration

Any dispute arising from these terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Merced County, California.

Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party services or infrastructure.

Independent Contractor

DKS TRENDGOODS LLC operates as an independent contractor. Nothing in these terms creates an employment, partnership, joint venture, or agency relationship between the parties.

Entire Agreement

These Terms of Service, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and DKS TRENDGOODS LLC regarding the use of our website and services, superseding any prior agreements or understandings.

Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of DKS TRENDGOODS LLC.

Assignment

You may not assign or transfer these terms or any rights granted hereunder without our prior written consent. We may assign these terms without restriction.

Contact Information

For questions about these Terms of Service, please contact us:

Acknowledgment

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.