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Terms of Service

By using the ObservePoint.com web site (the “site”), including the use of any products and/or services offered by ObservePoint, LLC (“we”, “us”, or “ObservePoint” ) from time to time, you agree to be bound by these Terms of Use and accompanying Privacy Policy. We may update and modify these Terms of Use, including our Privacy Policy from time to time, and by continuing to use the site after posting of a modification, you accept the modification. If you object to any terms and conditions of the Terms of Use at anytime, you should immediately discontinue use of the site, including any ObservePoint products or services you may be using at the time, and contact us if you need to discontinue any services.

DESCRIPTION OF SERVICES
General: ObservePoint makes certain web analytics QA products and services available in both free and premium versions through the site. We reserve the sole right to either modify or discontinue the site or any of the products, services or features that might be available through a free or premium model, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current products or services shall also be subject to these Terms of Use.

Free Products or Services: All free products, services, browser extensions, applications, white papers, or other downloads that are made available through the site are provided on an “as-is” and “as-available” basis. ObservePoint makes no representations or warranties whatsoever about such free offerings. We do not make any guarantees about the accuracy of any information contained in, by or through any free offerings. If you choose to rely on data or information made available through any of the free offerings, you should independently validate that such information is reliable and accurate. If you choose to use any free offerings, you release, waive, and otherwise hold ObservePoint harmless from any losses or liability you incur in reliance upon such free offerings. You acknowledge and agree that ObservePoint is only able to make the free offerings available, based on your agreement that you will hold ObservePoint harmless from any liability you sustain either directly or indirectly arising from the free services, and as such you agree that if you refer to, download, or otherwise use any free services, your sole and exclusive legal remedy shall be to cease using the free offerings.

Paid Services: For complete pricing and feature details for our general services agreement, please visit our product page. For Enterprise level pricing and terms, please schedule a time to speak with our sales team. For all paid services, you agree to pay us the applicable fees as set forth on the site. We reserve the right to increase a service’s fees or institute new charges upon reasonable notice to you. Fees are due in advance of your access to the services and are offered in one-time or one-month increments, as applicable. If you sign up for a subscription based product, the subscription will automatically renew each month until you notify us of your decision to terminate your subscription. All fees are earned in full when paid and are not refundable. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities for which you shall be solely responsible to pay. We will not issue refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions to this practice will be made. You may cancel your subscription to our services as set forth in your agreements with us. You agree that the subscription fee will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us.

ACCOUNT REQUIREMENTS
To register for the site and to sign up for any free offerings or paid services, you must be 18 years or older, provide your company name and/or legal full name, a valid email address for you, a valid phone number for you, the URL(s) you would like audited and any other information requested in order to complete the signup process, and you must be a human. By submitting your information, you also grant us the right to disclose to third parties certain registration data about you. The information we obtain through your use of the site or services, including your registration data, are subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

CANCELLATION AND TERMINATION
Upon your termination of our Services, all of the content, reports, profiles, settings and other information or configuration you have created through the services (“User Content”) will be immediately deleted. This information cannot be recovered once your account is cancelled. We do not accept any liability for loss of your User Content due to cancellation of your account. If you cancel the Service before the end of your current paid up month, the services will remain available to you until the end of the current subscription period and you will not be charged again.

CONDUCT WHEN USING THE SITE, SERVICES OR PRODUCTS
You agree not to:

  • Use the site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous or otherwise objectionable.
  • Post material, non-public information about companies without authorization.
  • Submit any information the posting of which would violate the intellectual property, contractual, or fiduciary rights of any other person or entity.
  • Provide false information on your signup forms, account or impersonate someone else.
  • Use the Site for the distribution of junk mail, spam, chain letters, unsolicited mass distribution of e-mail, other commercial solicitations or any illegal and unlawful activity.
  • Post inappropriate or off-topic messages, slander or cause harm towards ObservePoint or any of its employees.
  • Violate the letter or spirit of the Terms of Use.
  • Use any ObservePoint product to improperly inflate, create, scam, game cheat or any unlawful conduct towards any other party.
  • You agree to only use any ObservePoint technology on internet properties you own, or have received permission to use any ObservePoint technology or product.

ObservePoint reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate its systems properly, to protect the property or rights of ObservePoint, or to safeguard the interests of itself or in any way it sees fit.

USE OF INFORMATION ON OUR SITE
ObservePoint is designed to help you acquire the information you need to help you make your own decisions. You, however, must make those decisions. You are responsible for properly analyzing and verifying any information you intend to rely upon. ObservePoint and its employees do not guarantee the accuracy, completeness, or usefulness of the information presented on our site or through any product or service. ObservePoint will not be responsible to you if you rely on information available through the site.

The site may include whitepapers, views, opinions, case studies, and recommendations of numerous individuals and organizations. ObservePoint does not endorse the views, opinions or recommendations of any third party, nor does it advocate the purchase or sale of any security, investment, or other good or service.

In order to provide you with access to quality services, ObservePoint enters into business arrangements with a variety of third parties. As a result, ObservePoint may receive compensation from or have other business arrangements with some of the businesses evaluated on the site. ObservePoint makes every effort to ensure the objectivity of its Monitoring and Reports and other evaluative information it provides on this site. ObservePoint, its employees and others who provide content to the Site may have financial interests in some of the investment vehicles and other goods and services discussed through the service. We do not require our staff or other parties who supply content to ObservePoint to disclose such interests.

RIGHTS TO CONTENT ON THE SITE
The contents of the site are protected by U.S. and international copyright and trademark laws. Visitors to and users of the ObservePoint site agree not to alter the presentation, reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information contained on the site in any manner without the express written consent of ObservePoint You agree that by posting information on the ObservePoint site, you grant and assign to ObservePoint, and its successors a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, display, reproduce and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. You also grant ObservePoint and ObservePoint the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.

TERMINATION OF ACCESS
You agree that we may terminate or suspend your access to the ObservePoint site for any reason. Any suspected fraudulent, abusive, or illegal activities are possible grounds for termination. Neither ObservePoint nor any of its employees shall be liable to you or any third party for the termination of your account or any claims related to the termination of your account.

INDEMNIFICATION
You agree to indemnify and hold ObservePoint, its officers, owners, agents and any employee harmless from any claim or demand made by any third party due to or arising out of your use of the site or any free offerings or paid services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. OBSERVEPOINT PROVIDES THE SITE'S SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. OBSERVEPOINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING STATEMENTS, OBSERVEPOINT MAKES NO WARRANTY THAT OBSERVEPOINT WILL MEET USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES OBSERVEPOINT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OBSERVEPOINT OR IN THE COURSE OF USING OBSERVEPOINT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOADING OF ANY FILES ON THE SERVICE OR ANY EXTERNAL LINKS AVAILABLE ON THE SERVICE.

LIMITATION OF LIABILITY
OBSERVEPOINT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOSS OF PROFITS, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, ANY FREE OFFERINGS, OR ANY PAID SERVICES, OR ALL REPORTS AND MESSAGES GENERATED THROUGH THE SITE OF SERVICES, INCLUDING ANY LIABILITY ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, DATA, REPORTS, CONFIGURATIONS, OR THE LIKE, EVEN IF OBSERVEPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LEGAL JURISDICTION
These Terms of Use will be governed and construed, to the extent applicable, in accordance with Utah law. The parties hereto consent to exclusive jurisdiction and venue in the courts of Utah County, State of Utah or the United States Federal District Court located in Salt Lake City. The parties further agree not to disturb such choice of forum, and if not resident in such state, waive the personal service of any and all process upon him or her, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein.

PATENTS PENDING AND NON-DISCLOSURE
By accessing this Website and/or submitting any information to ObservePoint, you agree that you are receiving confidential information and technology which is protected by intellectual property laws, current Patent Pending's and this non-disclosure. The account holder and any employees or affiliated parties are expressly prohibited from disclosing, publishing, reproducing, or transmitting, in whole or in part, in any form or by any means, verbal or written, electronic or mechanical, for any purpose, without the prior express written permission of ObservePoint.

EXTERNAL LINKS
ObservePoint’s sites may include external links to other sites and resources throughout the Internet. We are not responsible for the availability of these sites and resources, nor are we responsible or do we endorse any content, advertising, products or other materials found on external sites and resources. You are fully responsible for any loss or damages when attempting to use a hyperlink or when you successfully link to an external site.