Terms of Service ("Agreement")
This Terms of Service Agreement (hereinafter "Agreement") sets forth the terms and conditions by which we, RealMetrics LLC, provide the Trendics Application Services to site visitors, users, registered members and account holders. By visiting our site, using any of the tools and services provided via our site, or registering an account, you thereby agree to be bound by each of the terms and conditions of this Agreement.
We may automatically amend this Agreement at any time by informing you of the amended terms via email to an email address you provide to us, if you are a registered account holder. Such amendments will be effective when sent to your last known email address. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. Alternatively, we may merely post the amended terms and make them available to be read by current account holders. In such cases, the modified terms and conditions of this Agreement are effective and in force when posted by us.
For those visitors to Trendics who have not registered as users, or who have let their memberships elapse, it is their responsibility to read this Terms of Service each time they access any portion of our site. Any usage of this site by you, including merely viewing our home page or any page published on our site, as an unregistered Trendics user, means that you agree to be bound by each and every one of the terms and conditions of this Terms of Service Agreement.
Alert Guarantee
We will guarantee you receive alerts when your server is down and guarantee you receive zero false alarms subject to the following conditions...- The only available recourse is a $25 service credit and the maximum service credits allowed is $25 per 7 day period
- You must have an account upgraded to a paid edition in good standing at the time of the incident to be eligible for this Alert Guarantee
- You must have setup your account appropriately to monitor your server and receive alerts at the time of the incident
- You must submit a request to within 48 hours of the incident requesting a $25 service credit because of a missed alert or false alarm
- If a missed alert is reported and RealMetrics, LLC has data indicating a notification was transmitted, no service credit will be awarded
- If a false alarm is reported and RealMetrics, LLC has data indicating the notification criteria was met, no service credit will be awarded
- RealMetrics, LLC will decide at its sole discretion if a service credit should be awarded for each incident
- Under no circumstances will RealMetrics, LLC be liable for any damages resulting from a missed alert or false alarm
Satisfaction Guarantee
We will refund 100% of your service fees if you are not 100% satisfied with the Trendics service during the first 30 days of upgrading to a paid edition subject to the following conditions...- You must submit your refund request to requesting a refund within 30 days of the initial upgrade
- Only normal service fees will be refunded - overage fees will not be refunded
Additional Terms
- We may terminate this Agreement immediately for any reason without notice to you for any violation of the RealMetrics Acceptable Use Policy, the determination of such violation being at the sole discretion of the company. Your account will be terminated if you violate any of the terms and conditions of this Agreement.
- WE PROVIDE YOUR ACCOUNT AND OUR SERVICES ON AN "AS IS" BASIS, SUBJECT TO THE LIMITED WARRANTY PROVIDED HEREIN, OUR SUPPLIERS, PARTNERS AND AFFILIATES, IF ANY, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING ALL FURTHER AND ADDITIONAL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You understand and agree that our services may be unavailable for extended periods of time, and we do not warrant or ensure the continuous availability of our services. We may discontinue any or all services provided to you at any time without notice to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control.
- IN NO EVENT SHALL OUR SUPPLIERS, PARTNERS, AFFILIATES OR WE BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
- If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, all unaffected provisions or elements shall remain in full force and effect. Any failure on our part to enforce any portion of this Agreement does not serve to waive the enforceability of the remaining portions or other breaches on your part regarding this Agreement.
- This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
- ANY DISPUTES RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER WILL BE SUBJECT TO THE JURISDICTION OF THE APPLICABLE STATE AND FEDERAL COURTS LOCATED IN WICHITA, KANSAS, AND LICENSEE AND COMPANY AGREE TO THE PERSONAL JURISDICTION OF SUCH COURTS, AND LICENSEE AND COMPANY WAIVE ANY RIGHT EITHER MAY HAVE TO MOVE OR DISMISS ANY CASE BROUGHT IN SUCH COURTS.