TRENDSET IS A DIVISION OF SHERA MARKETING INC. ("SHERPA MARKETING"). THESE WEBSITE TERMS OF USE ("Terms of Use") GOVERN USE OF THE SHERPA MARKETING ("TRENDSET") WEBSITE https://www.trendset.social (THE "TRENDSET SITE") AND YOU ARE AGREEING TO THESE TERMS OF USE BY USING THE TRENDSET SITE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE, YOU ARE PROHIBITED FROM ACCESSING AND USING THE TRENDSET SITE AND OUR TRENDSET SERVICES. YOU MUST BE AT LEAST THE AGE OF MAJORITY IN ORDER TO USE THE TRENDSET SITE AND OUR SERVICES.

  1. Modifications. It may be necessary for us to modify these Website Terms of Use from time to time. Should we modify these Terms of Use, we will update the Effective Date identified at the top of these Terms of Use and any such modifications will take effect upon posting to the TrendSET Site. Your continued use of the TrendSET Site constitutes your acceptance of the Terms of Use as modified. We urge all users to review these Terms of Use on a regular basis to ensure that you are aware of all current terms and conditions governing your use of the TrendSET Site.

  2. Services Agreement. At TrendSET, we begin each engagement by understanding your brand voice and communication strategy. We then identify content assets and stories that are required to create engagement. Once the content checklist is established, we are then accountable for delivering you the goods! The TrendSET Site contains general descriptions of the TrendSet services we offer, which will be tailored to meet each client's unique needs. Service descriptions are provided for informational purposes only – the services to be delivered to you specifically will be outlined in writing in a contract for services entered into between you and Sherpa Marketing. You are not a client of Sherpa Marketing until we contract to provide you with services. Use of the TrendSET Site does not create a client relationship with Sherpa Marketing.

  3. Privacy Statement. Our Privacy Statement https://www.sherpamarketing.ca/privacy-policy sets out the manner in which Sherpa Marking collects, uses, discloses and administers personal information. The Sherpa Marketing Privacy Statement is incorporated into and forms part of these Website Terms of Use.

    When you use the Contact Us feature of the TrendSET Site or otherwise contact us, we will use the information you submit to us to contact you and to provide services as appropriate. Your personal information will be used to communicate with you concerning our services and will also be included in our database system for future contact. Your personal information will be administered in accordance with our Privacy Statement. You may amend your consent following delivery of our services in accordance with our Privacy Statement.

  4. Results and Securing Rights. At TrendSET, we execute marketing events for clients. TrendSET has grown into a multidisciplinary media division, extending beyond its origins. TrendSET has developed an equally strong relationship with clients producing stimulating media content – from arial footage with striking cinematic authority; to retail photography and video asset packages which enhance brand awareness and consumer sales; to developing social assets for local small businesses and charities, effectively driving outreach and support. Coupled with the power of Sherpa Marketing and its wealth of knowledge behind TrendSET, we are able to provide cost-effective, measurable results – helping you strengthen your message. While we will design our services to meet your service requirements, we cannot guarantee the success of any campaign.

  5. It may be necessary to secure certain rights or permissions depending on your desired content. These will be taken into account as part of our Services Agreement.

  6. Employment Opportunities. You may choose to submit an application to TrendSET by way of email to info@sherpamarketing.ca. Any employment application emails are received at our head office in Winnipeg, Manitoba, Canada and will be administered in accordance with our obligations under Manitoba law and our employment policies as established from time to time.

  7. Site Content and Intellectual Property. The TrendSET Site may feature blog posts, whitepapers and other such content that is intended for informational purposes only. Use of any such content is at the user's sole risk; Sherpa Marketing does not guarantee results from reliance on any such content.

    Sherpa Marketing may from time to time feature or link to third party content on the TrendSET Site; this should not be characterized as and does not constitute an endorsement by Sherpa Marketing. Sherpa Marketing is not responsible or liable for third party content, including links, featured on the TrendSET Site.

    All content on the TrendSET Site is subject to intellectual property protections, including without limitation copyright and trademark rights and protectable under international conventions. These rights are enforceable by Sherpa Marketing at law. You are prohibited from removing any proprietary notices that appear on the TrendSET Site or in connection with Site content. Content on the TrendSET Site may be used by you for your personal information purposes only and may not be used for commercial purposes, copied, reproduced or distributed in any way without our prior written consent.

  8. Age of Majority. Content on the TrendSET Site is not intended for use by children. You must be the age of majority or older to use the TrendSET Site.

  9. Restrictions. Sherpa Marketing has the right, but not the obligation, to take any of the following actions in our discretion and without notice:
    1. restrict, suspend or terminate your access to the TrendSET Site or any services (in accordance with the Services Agreement entered into between you and Sherpa Marketing);
    2. change, suspend or discontinue TrendSET or any service offerings from time to time;
    3. add, change, move or remove any site content or features from the TrendSET Site;
    4. should we allow users to establish an account at any time, we reserve the right to deactivate that account and to restrict use or delete accounts in our discretion;
    5. establish use restrictions concerning user content from time to time.
  10. User Comments/Other Submissions. You have the option to submit comments through the TrendSET Site. Sherpa may also make available, from time to time, features of the TrendSET Site to receive comment, content or input from users. All user submissions shall be original and shall not violate third party rights.

    When a user submits comments, information or content to the TrendSET Site, you are granting to Sherpa Marketing an irrevocable, royalty-free, world-wide right (but not an obligation) and license to use those comments, information or content for its own purposes, without any right to compensation by you.

    In making any submission to Sherpa Marketing of any kind, you agree that you will not engage in any of the following:

    1. defamation, abuse, harassment, stalking, engaging in threats, or otherwise violate the legal rights of others;
    2. publishing, posting, uploading, emailing, distributing, displaying, promoting, disseminating or otherwise making available any material that is inappropriate (for example profane, vulgar, libelous, defamatory, obscene, racist, sexually explicit, offensive, false or unlawful);
    3. transmitting any information or materials to Sherpa Marketing that are not original or which violate third party rights, including without limitation proprietary or intellectual property rights;
    4. provide a submission that contains any virus, corrupt file, spyware, adware or any other program that may damage or adversely affect the TrendSET Site or those of other users;(v) otherwise interfere with or disrupt the use of the TrendSET Site.


    In the event that Sherpa Marketing chooses to offer features such as forums, bulletin boards, chat rooms or other interactive areas, you must follow the terms and conditions specifically established for those features. You will use these features only to communicate on the direct issues addressed thereon and not for any other purpose. Without restricting any of the foregoing, you agree that you will not at any time submit inappropriate content or content that violates third party rights to Sherpa Marketing.

    Sherpa Marketing reserves the right to suspend or terminate your account should you violate any of the foregoing, including without limitation third party rights, in submitting comments, content or input to Sherpa Marketing, in addition to other remedies available to it at law.

    Any comment, content or input from users submitted to Sherpa Marketing is the property of Sherpa Marketing and Sherpa Marketing is not required to be treated as confidential information by Sherpa Marketing and may be used or disclosed in its discretion.

    All user comments, content or input received by Sherpa Marketing from you as a user will be your sole responsibility; you and not Sherpa Marketing will be responsible for all information or materials that you upload as user comment, content or input and you indemnify Sherpa Marketing from any demand, claim, suit or proceeding concerning the violation of rights of any person in accordance with paragraph 13 below.

  11. Payment Processing. Sherpa Marketing does not process payments through the TrendSET Site. Payments will be processed in accordance with the terms of your Services Agreement with Sherpa Marketing.

  12. Jurisdiction. All services provided by Sherpa Marketing shall be deemed to be provided from Sherpa Marketing head office located in Winnipeg, Manitoba, Canada, unless otherwise specified in your Services Agreement with Sherpa Marketing.

  13. Termination. Sherpa Marketing reserves the right in its discretion to terminate your access to and use of the TrendSET Site, or any of its features at any time.

  14. Indemnification. You agree to defend, indemnify and hold harmless Sherpa Marketing, its directors, officers, employees, shareholders, contractors, and representatives from and against any and all costs, claims, demands, liabilities, losses, damages, judgments, settlements, costs and expenses arising out of your use of the TrendSET Site or any online features of the TrendSET Site, or your violation of any of your obligations under these Terms of Use. You will cooperate fully and as reasonably required by Sherpa Marketing, and at your own cost, in defense of any claim. Notwithstanding any indemnity to be provided by you, we reserve the right to assume the exclusive control of any defense and any settlement decisions concerning any claim, suit or proceeding.

  15. Disclaimer. Use of the TrendSET Site is provided on an "as is" and "as available" basis, and to the fullest extent permitted by law, Sherpa Marketing makes no representations or warranties of any kind, express or implied, concerning the TrendSET Site, and any content featured thereon, including without limitation non-infringement, merchantability or fitness for a particular purpose. If you subscribe to any fee-based services, and while we will do our utmost to ensure availability of the TrendSET Site, we cannot warrant that the TrendSET Site will be uninterrupted or error-free; no refunds will be issued for any interruption of TrendSET Site availability.

    Sherpa Marketing does not warrant that your activities or use of the TrendSET Site are lawful in your jurisdiction of use. You are responsible for compliance with all applicable laws when using the TrendSET Site.

  16. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SHERPA MARKETING BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, COST OR DAMAGE OF ANY KIND (INCLUDING WITHOUT LIMITATION FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OF THE TRENDSET SITE, ITS FEATURES OR CONTENT. YOUR ACCESS TO AND USE OF THE TRENDSET SITE IS AT YOUR OWN RISK.

  17. Governing Law. These Terms of Use are governed by and shall be construed in accordance with the laws of the Province of Manitoba, Canada. The parties irrevocably attorn to the exclusive jurisdiction of the courts of Manitoba with respect to a dispute concerning the subject matter of this Agreement.

  18. Authority. You hereby confirm to Sherpa Marketing that you have all necessary power and authority to agree to these Terms of Use.

  19. General. These Terms of Use and any documents or materials incorporated by reference herein constitute the entire agreement between the parties with respect to the subject matter hereof. There are no representations or warranties between the parties except as expressly set out herein. All notices to be provided to users generally under these Terms of Use will be featured on the TrendSET Site; if you have set up an account and have provided us with an email address, we may communicate with you through that email address and provide notice by email in our discretion. Users are responsible to ensure that their current email is on file with Sherpa Marketing. These Terms of Use may not be assigned by a user without the prior written consent of Sherpa Marketing. Any failure by Sherpa Marketing to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such rights.