TRENDSOFTWARE AD MANAGEMENT TOOLS PLATFORM — TERMS OF SERVICE
Thank you for your interest in TrendSoftware, Inc., dba PropertyMinder, dba MediaBoost (“TrendSoftware,” “Company,” “we,” or “us”), and the online advertising management platform services offered by Company through mediaboost.com and related domains and mobile applications, as applicable.
These Terms of Service (the “Terms”), together with any documents expressly incorporated by reference, govern your access to and use of the Service, whether as a guest or a registered User. By using the Service, you accept and agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference). As described in Section 15 (Dispute Resolution and Arbitration), you agree to binding arbitration to resolve disputes, which means you waive certain rights to litigate claims in court, including participation in a class action. If you do not agree to these Terms or the Privacy Policy, do not access or use the Service.
If you are an individual using or opening an account with TrendSoftware on behalf of an Advertiser that is a company, entity, or organization, you represent and warrant that you are an authorized representative of that Advertiser with authority to bind the Advertiser to these Terms, and you agree to these Terms on behalf of such Advertiser. In such case, references to “you” or “Advertiser,” as applicable, refer to the entity itself as well as each individual user accessing and using the Service on the Advertiser’s behalf.
1. DEFINITIONS.
1.1“Services” means the online advertising management, real estate website, and related tools provided by TrendSoftware, Inc., whether offered under the MediaBoost or PropertyMinder brands.
1.2 “Ad” means any media made available to Publisher through the Service for display on the Publisher Properties, including but not limited to online video and audio‑visual content, and which may consist of certain User Content combined with certain Company Materials to form, at Advertiser’s direction, a final Ad.
1.3 “Advertiser” means a User using the Service to purchase Publisher Inventory for Ads for the purpose of advertising such User’s own products and services. For the avoidance of doubt, Users may not use the Service to advertise third‑party products or services or to resell the Service to other advertisers (including on an agency basis).
1.4 “Advertiser Price” means the CPV‑based purchase price Advertiser will pay to TrendSoftware for the purchase of Publisher Inventory matching Advertiser’s criteria, if any, as set through the Management Console. Advertiser Price is set by TrendSoftware and includes all amounts payable to Publishers, as well as the fees for the use of the Service provided by TrendSoftware.
1.5 “Agent” means a User using the PropertyMinder Service to obtain and manage real estate websites, IDX integration, CRM, and related marketing tools for the purpose of advertising and marketing their real estate services.
1.6 “Campaign” means a set amount of Impressions on Publisher Properties of a given Ad, driven by criteria or parameters specified by Advertiser through the Management Console. The price for a Campaign is a function of the number of Impressions, the format/attributes of the Ad, and the Campaign parameters chosen.
1.7 “CPI” means the cost per Impression of an Ad.
1.8 “CPM” means cost per mille (per thousand) Impressions.
1.9 “Intellectual Property Rights” means any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right arising under the laws of any jurisdiction.
1.10 “Management Console” means the portion of the Service Users may access via a TrendSoftware‑issued login ID and password for configuring an account, creating Ads, purchasing Campaigns, and accessing Reports.
1.11 “Publisher” means an online publisher (directly or indirectly, including through a network of unaffiliated publisher properties) that publishes or facilitates the publication of online advertising, and on which the Ads may be published (such properties, the “Publisher Properties”). Campaigns are published to one or more Publisher Properties according to TrendSoftware’s automated processes; Advertiser controls only the total number of Impressions purchased and those Campaign parameters the Service enables Advertiser to control. The list of available Publisher Properties may change from time to time, including during a Campaign.
1.12 “Report” means reports made available by TrendSoftware to Users regarding the purchase of Impressions on Ads on Publisher Properties.
1.13 “Impression” means the display of an Ad on a Publisher Property, as reported by the applicable Publisher.
2. USE OF THE SERVICE.
2.1 TrendSoftware Service. Subject to ongoing compliance with these Terms and any additional usage requirements and policies TrendSoftware may provide from time to time, TrendSoftware grants Advertiser permission to access and use the Service during the Term solely for the authorized and intended purposes, for the Advertiser’s own benefit (i.e., not on behalf of any third party or on a service bureau, reseller, or similar basis), for the purpose of preparing Campaigns for publication through Publisher Properties.
2.2 MediaBoost. Subject to ongoing compliance with these Terms, TrendSoftware grants Advertiser permission to access and use the MediaBoost Service solely for creating and managing advertising Campaigns for its own benefit.
2.3 PropertyMinder. Subject to ongoing compliance with these Terms, TrendSoftware grants Agents permission to access and use the PropertyMinder Service solely for creating and managing real estate websites, IDX services, CRM, and related marketing tools. Agents are responsible for the content they publish on their websites, including compliance with applicable laws, MLS/IDX rules, and data privacy regulations.
2.4 Modifications to the Service. We reserve the right to modify, suspend, or terminate the Service (including the available Publisher Properties) and any feature or material we provide on the Service (including supported parameters, layouts, media, and other attributes of Campaigns), in our sole discretion without notice. We will not be liable if all or any part of the Service is unavailable at any time or for any period. We may restrict access to some parts of the Service or the entire Service, including to registered Users.
2.5 Privacy Policy. TrendSoftware’s practices regarding the collection, use, and disclosure of personally identifiable information are described in and governed by the TrendSoftware Privacy Policy, which is incorporated by reference herein.
2.6 Ability to Opt Out from Receiving Certain Communications. You may opt out of certain marketing communications (email or text) from PropertyMinder (each a “Sender”). Marketing emails typically include an opt‑out link; you can opt out by clicking the link and indicating your decision. For marketing texts, you can opt out by following instructions in the text (e.g., replying “STOP”) or by emailing the PropertyMinder Customer Care team at
support@mediaboost.com with sufficient information to process the request (e.g., full name, complete phone number with area code, and an image or description of the marketing text received). Requests are handled promptly, but you may continue to receive messages for a reasonable time while the Sender processes your request. Opting out of marketing emails or texts does not necessarily stop non‑marketing communications (e.g., purchase or transaction‑related messages, technical, administrative, or informational notices).
Additional SMS program details: (a) Message and data rates may apply. (b) Message number and frequency vary and may be recurring for any given program. (c) Reply “STOP” to stop receiving further texts. (d) Texts may include marketing and non‑marketing messages. (e) Carriers disclaim liability for delayed or undelivered messages.
3. ADVERTISEMENTS.
3.1 Generally. Subject to ongoing compliance with these Terms and any additional usage requirements and policies TrendSoftware may provide to Advertiser from time to time, TrendSoftware grants Advertiser permission to access and use the Service during the Term solely for deploying and managing Campaigns.
3.2 Inventory Purchases. Advertiser grants TrendSoftware the right during the Term to purchase, on an automated basis through the Service, Campaigns matching Advertiser's selection criteria established through the Management Console, including the right to insert TrendSoftware's cookies in applicable Ads, to list such Ads in pitch materials to prospective Publishers and to report such Ads as part of an advertising network, and to distribute and sublicense Ads to Publishers in connection with Campaigns. Advertiser grants TrendSoftware a nonexclusive license during the Term to use Advertiser's trademarks, logos, and images of the Ads to exercise the foregoing rights. Publisher shall designate a sole point of contact for communications with TrendSoftware's account management team.
3.3
Content Standards. Advertiser's use of the Service is limited by the
Content Standards, and we reserve the right to deny the use of the Service for any Content or to any Advertiser for any or no reason. Advertiser agrees to notify TrendSoftware of any changes to Content or to Advertiser's business, products, or services that would violate the
Content Standards. Ads must conform to all applicable technical specifications and any applicable
Content Standards required by Publishers or Publisher Properties.
3.4 Advertiser Permissions. In connection with operating and providing the Service, TrendSoftware may collect data and information (including cookies and beacon data, metadata, usage data, and streaming data) regarding Ads routed and/or served in connection with Advertiser's Campaigns, and use such information for TrendSoftware's internal business purposes and disclose such information to third parties (including Publishers and other Advertisers) in connection with the operation or provision of the Service or as required by law or legal process, including in aggregate form provided that Advertiser is not readily identifiable as the source of the underlying data.
3.5 Restrictions. Advertiser has no rights or licenses with respect to the software or technology underlying the Service or any related documentation or media content, including any stock or similar images used in Ads, or the final Ads created through the use of the Service (collectively, the “TrendSoftware Materials”) except as expressly provided in these Terms. Except as expressly provided herein, Advertiser may not: (a) copy, distribute, rent, lease, lend, sublicense, transfer, or make the TrendSoftware Materials available to any third party or use them on a service bureau basis; (b) decompile, reverse engineer, or disassemble the TrendSoftware Materials; (c) create derivative works based on the TrendSoftware Materials; or (d) modify, remove, or obscure any notices or legends that appear on the TrendSoftware Materials or during their use or operation.
4. PAYMENTS AND CANCELLATION.
4.1 Authority; No Refunds. By initiating a purchase of a ListingBoost Campaign, you authorize us (a) to submit the applicable Ad to the Publisher Properties for the fulfillment of the Impressions purchased from among the available Publisher Properties, and (b) to bill your payment instrument for the full amount of the Campaign up front. If your payment instrument does not clear, we may reject your purchase. All purchases are final and non‑refundable. Your sole remedy for any deficiency in delivered Impressions, if any, is a future makegood equal to the amount of the deficiency. You agree not to initiate any chargeback, dispute, or other process with your card issuer or payment instrument provider regarding Campaigns purchased hereunder.
4.2 One‑Time Campaigns. By initiating a purchase of a one‑time Campaign, you authorize us (a) to submit the applicable Ad to the Publisher Properties for the fulfillment of the Impressions purchased from among the available Publisher Properties, and (b) to bill your payment instrument for the full amount of the Campaign up front. If your payment instrument does not clear, we may reject your purchase. All purchases are final and non‑refundable. Your sole remedy for any deficiency in delivered Impressions, if any, is a future makegood equal to the amount of the deficiency. You agree not to initiate any chargeback, dispute, or other process with your card issuer or payment instrument provider regarding Campaigns purchased hereunder.
4.3 Monthly Subscription Campaigns. By initiating a purchase of a Monthly Subscription Campaign, you authorize us (a) to submit the applicable Ad to the Publisher Properties for the fulfillment of the Impressions purchased from among the available Publisher Properties, and (b) to bill your payment instrument for the first month up front. TrendSoftware, Inc. will bill you on the date you subscribed and will continue to bill you in accordance with your selected subscription plan. You can cancel at any time, but to avoid renewal you must cancel at least 30 days prior to the next billing date. TrendSoftware, Inc. does not provide refunds or credits for any partial subscription periods. To cancel, contact Customer Support at
support@mediaboost.com.
4.4 PropertyMinder Subscriptions. PropertyMinder websites and marketing tools are provided on a subscription basis. Subscription fees are billed according to your selected plan. To cancel your subscription, you must email cancel@propertyminder.com at least 30 days prior to the next billing cycle. No refunds are provided for partial subscription periods.
4.5 Chargeback Fee Responsibility for Stripe and PayPal Transactions. In the event of a chargeback for transactions processed through Stripe or PayPal, we will engage in the dispute process as outlined by the respective processor. The customer will be responsible for reimbursing the Company for the chargeback fee. Fees: (a) Stripe: $15 chargeback fee. (b) PayPal: $20 chargeback fee; $15 Standard Dispute fee; $30 High Volume Dispute fee. These processor‑imposed fees are separate from any disputed transaction amount. By agreeing to these Terms and completing a transaction through Stripe or PayPal, you acknowledge and agree to such fee liability when a chargeback you initiated is resolved in our favor.
4.6 Reports. Upon completion of your Campaign, we will furnish an electronic copy of the final Report solely for your internal reference. You may not reproduce, distribute, or disclose the Report or its contents without TrendSoftware’s prior written consent.
4.7 Lead Generation Campaigns (“Lead Gen”). Lead Gen is available exclusively as an add‑on to active ListingBoost subscriptions. Each Lead Gen campaign is a paid social media advertising service. Upon agent approval, MediaBoost launches a campaign on Facebook and/or Instagram and directly incurs the advertising costs on the agent’s behalf. Payments are non‑refundable, even where limited or no leads are generated. Each Lead Gen campaign requires a separate agreement, including manual payment processing and signed consent via PandaDoc. While our goal is to generate at least one lead per campaign, MediaBoost does not guarantee lead volume or delivery. Performance depends on several factors including location, market conditions, ad content, user behavior, and platform algorithm performance. No guarantees are made regarding the quality, conversion rate, or responsiveness of any lead provided. All leads generated will be delivered to the purchasing agent only. Leads are exclusive, not shared or resold. Depending on timing and day of the week, leads may be sent individually in real time or as a batch. Agents may request edits to ad content and select preferred geographic targeting. Agents may submit content (images, text, or video), but MediaBoost is responsible for ad setup, formatting, creative assembly, and campaign execution. Submitted videos must be provided as downloadable files or links. Lead data is transferred from Facebook to the agent via email. MediaBoost does not store lead contact information. By using this service, both MediaBoost and the agent acknowledge shared responsibility for complying with Facebook’s Lead Ad Terms and applicable data privacy regulations. MediaBoost will not initiate direct communication with leads. If a lead messages the ad via Messenger, they may receive one automated response, but further follow‑up is solely the agent’s responsibility. Agents are encouraged to follow up with leads as quickly as possible. There is no limit to the number of Lead Gen campaigns an agent may run simultaneously.
5. MODIFICATIONS TO THE TERMS.
TrendSoftware may update or modify these Terms on a going‑forward basis at any time without prior notice, effective immediately upon being posted through the Service, except as set forth below. These Terms will identify the date of last update. Your continued use of the Service after changes become effective constitutes your agreement to be bound by the modified Terms. For material changes, TrendSoftware will make reasonable efforts to notify you (e.g., email, pop‑up, or similar mechanism). Material changes will be effective upon the earlier of (i) your first use of the Service with actual notice of such change, or (ii) 30 days from publication. Disputes will be resolved in accordance with the version in place at the time the dispute arose. We encourage you to review these Terms frequently.
6. ACCOUNT REGISTRATION AND SECURITY.
6.1 Registration. Certain features of the Service require account registration. You are responsible for: (a) providing complete, accurate, and up‑to‑date information upon registration and keeping such information current; (b) making all arrangements necessary for you to access the Service; and (c) ensuring that all persons who access the Service through your internet connection or using your account credentials are aware of these Terms and comply with them. You are solely responsible for all use and misuse of the Service through your account.
6.2 Access Credentials. If you choose, or are provided with, a username, password, or any other credentials as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. Your account is personal to you (or your Subscribing Organization) and you agree not to provide any other person with access to the Service using your credentials. Notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Ensure you exit from your account at the end of each session and use caution on public or shared computers.
6.3 Term and Termination. The term of our agreement commences upon your first use of the Service and continues until suspended or terminated (the “Term”). TrendSoftware may suspend or terminate your access to the Services at any time for violation of these Terms or other lawful reasons. For PropertyMinder, if your subscription is terminated or canceled, your website may be taken offline and associated data may be deleted after a reasonable period.
7. INTELLECTUAL PROPERTY RIGHTS.
7.1 Trademarks. The Company name, “TrendSoftware,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
7.2 Reservation of Rights. The Service and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Materials”) are owned by the Company, its licensors, or other providers and are protected by United States and international laws. Except as expressly provided, no rights or licenses are granted with respect to the Materials, whether by implication, estoppel, or otherwise. You may not delete or alter any proprietary notices from copies of Materials from the Service.
7.3 Limited License. Subject to your ongoing compliance with these Terms, TrendSoftware grants you a limited license to access and use features of the Service you are eligible to access based on your account permissions, solely for its intended purposes, including downloading a single copy of Materials available through the site solely in connection with such use. You may download and store a reasonable number of Reports made available through the Service solely for internal purposes and not for distribution or disclosure to any third party.
7.4 Feedback. Users may, but are not obligated to, provide suggestions, feedback, comments, ideas, or other information relating to the TrendSoftware Service or modifications or enhancements (“Feedback”). Feedback is provided on a non‑confidential basis regardless of any suggestion to the contrary, and User grants TrendSoftware a nonexclusive, worldwide, perpetual, irrevocable, sublicensable, transferable license to exploit such Feedback in any manner without compensation or liability to User.
7.5 MLS/IDX Data. For PropertyMinder, Agents are solely responsible for ensuring compliance with applicable MLS/IDX data usage rules. TrendSoftware is not responsible for errors, omissions, or interruptions in MLS/IDX feeds.
8. RESTRICTIONS.
8.1 You may use the Service only for lawful purposes and in accordance with these Terms, and your rights hereunder are expressly conditioned on compliance. You agree not to use the Service: (a) in violation of any applicable law or regulation; (b) to exploit or harm minors; (c) to post material that does not comply with the
Content Standards; (d) to transmit any solicitation material, including “junk mail,” “chain letters,” or “spam”; (e) to impersonate the Company, a Company employee, another user, or any other person or entity; (f) in a manner that infringes, misappropriates, or violates third‑party rights or obligations; or (g) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Service or may harm the Company or users or expose them to liability.
8.2 Additionally, you agree not to: (a) use the Service in a manner that could disable, overburden, damage, or impair the site or interfere with others’ use; (b) use any robot, spider, or other automatic means to access the Service; (c) use any manual process to monitor or copy material on the Service for any unauthorized purpose; (d) use any device, software, or routine that interferes with proper working of the Service; (e) introduce any malicious or harmful material; (f) attempt to gain unauthorized access to any parts of the Service or related systems; (g) attack the Service via denial‑of‑service or distributed denial‑of‑service; or (h) otherwise attempt to interfere with proper working of the Service.
9. USER CONTRIBUTIONS.
9.1 Generally. The Service may include dissemination of video and other content, including Ads, and may contain interactive features (collectively with video dissemination, “Interactive Services”) that allow users to post, submit, publish, make available, display, or transmit content or hyperlinks (“User Contributions”) on or through the Service and through our publisher network. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.
9.2 License. YOU RETAIN OWNERSHIP OF ALL PROPRIETARY RIGHTS IN AND TO YOUR USER CONTRIBUTIONS. However, to operate the Service, you grant TrendSoftware and our affiliates, service providers, and publisher network, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in connection with the provision, maintenance, support, marketing, promotion, and use of the Service. Any User Contribution you post to the Service will be considered non‑confidential.
9.3 Restrictions. All User Contributions must comply with TrendSoftware’s
Content Standards, as modified from time to time. TrendSoftware does not allow infringing content on the Service and may remove or decline to publish any User Contribution at any time and for any reason. You are responsible for any User Contributions you submit or contribute, including their legality, reliability, accuracy, and appropriateness. You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license above; and (b) all of your User Contributions comply with these Terms.
9.4 Monitoring and Enforcement; Termination. We may fully cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. We do not undertake to review material before it is posted and cannot ensure prompt removal of objectionable material after posting. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section and may (a) remove or refuse to post any User Contributions; (b) take action with respect to any User Contribution that we deem necessary or appropriate, including for violations of these Terms, infringement, safety, or liability concerns; (c) disclose your identity or other information to third parties who claim that material posted by you violates their rights; (d) take appropriate legal action for any illegal or unauthorized use of the Service; or (e) terminate or suspend your access to all or part of the Service for any or no reason.
10. COPYRIGHT INFRINGEMENT NOTICES / DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).
10.1 Copyright Owner Rights. If you are a copyright owner or an agent thereof and believe any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the DMCA by providing TrendSoftware’s Designated Copyright Agent with the information required by 17 U.S.C. § 512. It is TrendSoftware’s policy to respond to notices of alleged infringement that comply with the DMCA.
10.2 Designated Agent. TrendSoftware’s Designated Copyright Agent to receive notifications and counter‑notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, TrendSoftware, Inc., 1101 S Winchester Blvd., Ste. G‑180, San Jose, CA 95128; email: info@mediaboost.com. Only DMCA notices should go to the Designated Copyright Agent. Other communications should be directed to customer service at info@mediaboost.com. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
10.3 Repeat Infringers. TrendSoftware will promptly terminate without notice the accounts of Users that TrendSoftware determines to be “repeat infringers.” If TrendSoftware receives more than three takedown notices regarding a User’s User Contributions, that User will be considered a repeat infringer and their account will be terminated.
11. LINKS TO THIRD‑PARTY SERVICES.
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements (including banner advertisements and sponsored links). We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third‑party services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
12. DISCLAIMER OF WARRANTIES.
12.1 We cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‑OF‑SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY SERVICE LINKED TO IT.
12.2 YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR‑FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
12.3 THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
12.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITY.
13.1 IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
13.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. TO THE EXTENT APPLICABLE, THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY WILL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
14. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use or misuse of the Service, including your User Contributions, your Ads, Publisher Properties, any content, services, or products made available through the Service, or your use of any information obtained from the Service.
15. DISPUTE RESOLUTION AND ARBITRATION.
15.1 Generally. In the interest of resolving disputes between you and TrendSoftware in the most expedient and cost‑effective manner, you and TrendSoftware agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery, and is subject to limited court review. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after termination. By entering into these Terms, you and TrendSoftware waive the right to a trial by jury or to participate in a class action.
15.2 Exceptions. Nothing herein waives, precludes, or limits either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable agencies; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address intellectual property infringement claims.
15.3 Arbitrator. Any arbitration between you and TrendSoftware will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer‑Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and filing forms are available at www.adr.org, by calling 1‑800‑778‑7879, or by contacting TrendSoftware.
15.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute (“Notice”) by certified mail or Federal Express (signature required), or, if we do not have a physical address on file for you, by electronic mail. TrendSoftware’s address for Notice is: TrendSoftware, Inc., 1101 S Winchester Blvd., Ste. G‑180, San Jose, CA 95128, USA. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (the “Demand”). We will use good‑faith efforts to resolve the claim directly, but if we do not reach an agreement within 30 days after the Notice is received, either party may commence arbitration. During arbitration, the amount of any settlement offer made by either party shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award. If the dispute is finally resolved in your favor, TrendSoftware shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by TrendSoftware in settlement prior to the award.
15.5 Fees. If you commence arbitration in accordance with these Terms, TrendSoftware will reimburse your filing fee, unless your claim exceeds $10,000, in which case fees shall be decided by the AAA Rules. Any arbitration hearings will take place in San Francisco, California, unless otherwise agreed. If the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in‑person hearing as established by the AAA Rules. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, fee payment will be governed by the AAA Rules, and you agree to reimburse TrendSoftware for monies previously disbursed that are otherwise your obligation to pay. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions.
15.6 No Class Actions. YOU AND TRENDSOFTWARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any representative or class proceeding.
15.7 Modifications. If TrendSoftware makes any future change to this arbitration provision (other than a change to TrendSoftware’s address for Notice), you may reject any such change by sending written notice within 30 days of the change to TrendSoftware’s address for Notice, in which case your account with TrendSoftware shall be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you reject, shall survive.
15.8 Enforceability. If Subsection 15.6 or the entirety of Section 15 is found to be unenforceable, then the entirety of Section 15 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 shall govern any action arising out of or related to these Terms.
16. GOVERNING LAW; VENUE.
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California by California residents, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and TrendSoftware agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco, California for litigating all such claims or disputes.
17. MISCELLANEOUS.
17.1 Waiver and Severability. No waiver by TrendSoftware of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TrendSoftware to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17.2 Entire Agreement. These Terms, our Privacy Policy, our Publisher Terms, and our Advertiser Terms constitute the sole and entire agreement between you and TrendSoftware with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.
17.3 Assignment. You may not assign, delegate, or subcontract your rights or obligations under these Terms, directly or indirectly, in whole or in part, whether by sale of stock or assets, merger (regardless of which party survives), operation of law, or otherwise. TrendSoftware may assign these Terms without limitation. Any assignment attempted in violation of these Terms shall be void and of no effect.
17.4 Headings. The headings and captions in these Terms are for convenience only and are not to be considered in interpreting this Agreement.
17.5 Independent Contractors. You acknowledge and agree that you and TrendSoftware are independent contractors, and nothing herein shall be deemed to create any other relationship, including any partnership or joint venture. Without limiting the foregoing, User Contributions are submitted on a non‑confidential basis, and submission of User Contributions does not create any confidential, fiduciary, or other relationship between you and TrendSoftware.
17.6 Contacting TrendSoftware. The Service is provided by TrendSoftware, Inc., 1101 S Winchester Blvd., Ste. G‑180, San Jose, CA 95128. All notices of copyright infringement claims should be sent to info@mediaboost.com. All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to
support@mediaboost.com.