TrendSend Terms of Service Agreement
Welcome to TrendSend, a service of Brick River Technologies, LLC. ("Brick River" or "we"). TrendSend helps you understand and improve the performance of your business or organization by providing you with the ability to easily create and send email-based metrics collectors ("Mailings") and gather and analyze the resulting information ("Data").
By indicating your acceptance of the following terms of service agreement ("Agreement"), you agree to be bound by and comply with its terms. Accordingly, you should review this Agreement thoroughly. If you do not agree to comply with the terms of this Agreement, you should not indicate your acceptance of it. You cannot use TrendSend until you have indicated your acceptance of this Agreement. We may revise and update this Agreement from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information. Otherwise, you may view the most recent Agreement on this website.Registration
You agree to provide accurate, current, and complete information during the registration process, including payment information ("Registration Information"). You are solely responsible for maintaining the security of your Registration Information, and for any and all use of your account. We reserve the right to refuse registration for any reason at our sole discretion.You warrant that if you are a corporation or other legal entity, such entity is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement. If you are an individual, you warrant that you are of the age of majority in your place of residence.
You agree to indemnify, defend, and hold TrendSend harmless for damages or losses incurred by you or another party due to any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.
Subscriptions and Payment
Subscription levels and pricing, including fees for usage that exceeds the threshold applicable to your current subscription level ("Overages") are as published on the TrendSend website at www.trendsendapp.com/pricing. Subscription fees are subject to change at any time. We will attempt to notify registered users of changes in pricing terms via email, and will post notice of changes on the TrendSend website and/or within TrendSend itself.Subscription fees and Overage fees will be billed to the credit card you have associated with your account. Subscriptions are billed in advance, and renew automatically every 30 days unless cancelled or terminated. Renewals will be charged at the rate of the immediately preceding subscription period unless we have notified of any new rate in advance.
Subscription fees and Overage fees are non-refundable. If you cancel your subscription early, you will not be refunded for the unused portion.
Cancellation and Termination
You may cancel your account at any time by logging into TrendSend and following the steps outlined in the Account section of your dashboard. Cancellation will take effect immediately.
We reserve the right to terminate or restrict your account and/or access to TrendSend for any reason, or for no reason whatsoever, including if we in our sole discretion consider your use to be unacceptable, or in the event of any breach by you of any term of this Agreement. We may, but are under no obligation to, provide you with a warning prior to termination or restriction of your use of TrendSend. We will not be liable to you or any third party for termination or restriction of your account and/or access.
We reserve the right at any time to modify or discontinue, temporarily or permanently, TrendSend (or any part thereof) with or without notice. We will not be liable to you or to any third party for such modification or discontinuation.Conditions of Use
Conditioned on your compliance with this Agreement and fulfillment of any applicable payment obligations, we grant to you a personal, limited, nonexclusive, nontransferable license to use TrendSend. All rights not expressly granted to you are reserved by Brick River and its licensors.You agree that you shall not use TrendSend in any manner that violates any applicable law, regulation, or term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify TrendSend in any manner or form, (iii) copy, distribute, or create derivative works based on TrendSend, (iv) exploit TrendSend in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey TrendSend or any elements thereof.
You agree that you are solely responsible for all activity occurring under your account, whether authorized or unauthorized. You are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the TrendSend, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
You will not include in any Mailer any content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
Violations of these terms may result in immediate termination of your account.
Intellectual Property
Our Content
TrendSend, the TrendSend website, and all elements thereof are owned solely and exclusively by Brick River. Brick River owns and retain all rights, including the worldwide copyright, in all elements of TrendSend for the duration of the rights in each country, in all languages, and throughout the universe.TrendSend and other trademarks, service marks, graphics, and logos used in connection with TrendSend are trademarks or registered trademarks of Brick River Technologies, LLC, in the United States and/or other countries.
Your Content
We claim no ownership of any intellectual property rights to any content you include in any Mailers or any Data. To the extent that you own the rights to such content or Data, you retain those rights solely and exclusively. You hereby grant to Brick River all rights necessary to provide you with the TrendSend service, including the creation and distribution of Mailers, and the collection and display of Data.Representations And Warranties
You represent and warrant that (i) all Registration Information provided by you is correct and current, and (ii) your use of TrendSend will comply with all applicable laws, and does not violate the rights, including intellectual property rights, of any third party.Disclaimers
TrendSend IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF TrendSend IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, BRICK RIVER DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
BRICK RIVER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, TrendSend OR ANY DATA GATHERED THROUGH TrendSend.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
Brick River is not responsible for any problems or technical malfunction of any website, network, computer systems, servers, providers, computer equipment, or software, or for any failure due to technical problems or traffic congestion on the internet or the services, or combination thereof, including any injury or damage to users or to any computer or other device on or through which TrendSend is provided.
Under no circumstances will we be liable for any loss or damage, including direct, indirect, incidental, consequential, special, exemplary, and punitive damages, resulting from your use or misuse of, inability to use, or reliance upon TrendSend or Data, or from the conduct of any users of TrendSend, whether online or offline.
Brick River, its vendors, officers, directors, managers, shareholders, employees, agents, contractors, or licensors, will not be liable to you for (i) lost income, lost profits, loss of data, any direct, indirect, incidental, punitive, special or consequential damages, or claims of third parties, (ii) any loss or damage of any kind incurred as a result of the use of or reliance upon the completeness or accuracy of any Data gathered through TrendSend. These limitations of liability for such losses will apply even if we have been advised of or should have been aware of their possibility.Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Brick River and its officers, directors, agents, employees, partners, affiliates, and licensors from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of (i) your use of TrendSend, including your use or reliance upon any Data obtained through such use, or (ii) your breach of any term of this Agreement, and (iii) your use of TrendSend in violation of any applicable law, including the CAN-SPAM Act of 2003, or any rights of any third party.Governing Law
The laws of the State of New Hampshire, without regard to conflict of law provisions, govern this Agreement and your use of TrendSend. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Hampshire for any claim or dispute with Brick River or in any way relating to or arising from your use of TrendSend.General Conditions
A failure of Brick River to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and us, and governs your use of TrendSend, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement).No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
