Terms of Service

By using the ObservePoint Web site and its services, you agree to be bound by the below Privacy Policy and Terms and Conditions. We may update and modify these Terms, including our Privacy Policy and Terms and Conditions 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, and contact us at webmaster@observepoint.com. Please note that special terms and conditions govern the use by customers of the ObservePoint site, as outlined below.

1) User Conduct and Responsibilities

You agree not to:

• Use the ObservePoint Web 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 ObservePoint Web 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, Inc. 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, Inc., or to safeguard the interests of itself or in any way it sees fit.

2) 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, Inc. and its employees do not guarantee the accuracy, completeness, or usefulness of the information presented on our site. The site may include views, opinions and recommendations of numerous individuals and organizations. ObservePoint, Inc. 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, Inc. enters into business arrangements with a variety of third parties. As a result, ObservePoint, Inc. may receive compensation from or have other business arrangements with some of the businesses evaluated on the site. ObservePoint, Inc. makes every effort to ensure the objectivity of its Monitoring and Reports and other evaluative information it provides on this site. ObservePoint, Inc., its employees and others who provide content to the ObservePoint Web 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.

3) Hyperlinks Within Messages

ObservePoint allows users to add external links in their messages to other sites throughout the Internet. We are not responsible for the availability of these resources, nor are we responsible or do we endorse any content, advertising, products or other materials found on external sites. You are fully responsible for any loss or damages when attempting to use a hyperlink or when you successfully link to a site.

4) Cookies

As part of offering and providing customizable and personalized services, the Company may use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. In addition, we may use pixel tags (also knows as clear gifs) to track some of the pages you visit on our website.

Generally, we use cookies to:

1. Remind us of who you are and to access your registration preferences to deliver to you a better and more personalized service. Cookies enable us to retain our users preferences on the Website without having to re-enter information every time they access the Website.
2. Estimate our audience size. Each browser accessing the Website is given a unique cookie which is then used to determine the extent of repeat usage and to help us communicate with you. This information collected by cookies is sometimes called "clickstream" or "click trail" and may also describe which pages you have seen.
3. Measure certain traffic patterns, which areas of the Company web site you have visited, and your visiting patterns in the aggregate. We use this research to understand how our users' habits are similar or different from one another so that we can make each new experience on the Website a better one. We may use this information to better present the content that users will see on our site.

5) Security

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit to us. Once we receive your transmission, we will take reasonable efforts to ensure its security on our systems.

Please keep in mind that whenever you voluntarily disclose personal information anywhere online - for example on message boards, through email, or in chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining your personal information. If you voluntarily disclose it other than in accordance with our policies, it will not be protected. Please be careful and responsible whenever you are online.

6) Wireless Policy

We may use personal information to provide the services you've requested, including services that display customized content and advertising. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. You may opt-out and remove your SMS information by sending "STOP", "END", "QUIT" to the SMS text message you have received. If you remove your SMS information from our database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you.

7) Detailed Wireless Policy

Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.

We may use personal information to provide the services you've requested, including services that display customized content and advertising. We may also use personal information for auditing, research and analysis to operate and improve our technologies and services. We may share aggregated and non personal information with third parties outside of this service. When we use third parties to assist us in processing your personal information, we require that they comply with our Privacy Policy and any other appropriate confidentiality and security measures. We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.

8) 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, Inc.

You agree that by posting information on the ObservePoint site, you grant and assign ObservePoint, Inc., ObservePoint, and their 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, Inc. and ObservePoint the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.

9) Privacy Policy

We may, from time to time, supplement the information we collect online with outside records (e.g., information from our Strategic Partners or from wireless providers) to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.

We are able to offer our services to you, in part, based on your willingness to be reached by our third party advertisers. We may sell our user information and/or join together with other businesses to bring selected opportunities to our members. By allowing us to make the information you supply available to these third parties, you are able to receive free information on products and services that may be of interest to you. We will use contact information from your registration data to send you information about our products and services and to keep you informed of our other products and services that may be of interest to you. This information may also be shared with third party advertisers who may contact you by means of e-mail, telephone or other sources of marketing. We do not control, and are not responsible for, the practices of our third-party advertisers.

By submitting your e-mail address at the Website or the website of one of our marketing partners, and/or obtaining services from us, you agree to receive e-mail or telephone calls or other marketing from us and/or our third-party advertisers notwithstanding a prior decision, made by you, to opt out of this or any other of our or a third party affiliate of ours program, pursuant to the CAN-SPAM Act, you are agreeing to opt back in and to receive marketing materials until you decide to opt-out. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, We retain the right to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website or other advertisement media made available by us (e.g., email marketing), such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR.

10) 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, Inc. 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.

11) Indemnification

You agree to indemnify and hold ObservePoint, Inc., 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 ObservePoint. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12) Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE ObservePoint WEB SITE IS SOLELY AT YOUR OWN RISK. ObservePoint, INC. 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, INC. 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, INC. 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.

13) Limitation of Liability

ObservePoint, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR MESSAGES RECEIVED OR PRODUCTS OR SERVICES PURCHASED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF ObservePoint, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14) Legal Jurisdiction

Terms and Conditions 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.

15) 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.

16) Acceptance of Policy

By accessing this Website and/or submitting any information to us, you agree to this policy. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Policy at any time. All Policy changes will take effect immediately upon their posting on the Website. Therefore, you should check this page regularly to review the in effect Policy at that time. Your continued use of the Website or acceptance of our emails following the posting of changes to this Policy will mean that you accept these changes. If you do not agree to the terms of this Policy, please do not submit any personal information on this or any Company Websites.