You represent to the Company that you are lawfully able to enter into contracts. If you are using this Website on behalf of a corporation or other entity, you represent that you have authority to bind such entity and acknowledge and agree that “you” as used herein shall include both you personally and the entity you represent.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of the Company or its affiliates or licensors. You may not use these Marks without the prior written permission of the Company.
Additionally, you agree not to:
We are not responsible for, and we do not endorse, the User Content posted on or via the Website.
We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. If your User Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that LogicMonitor has no obligation to monitor or enforce your intellectual property rights to your User Content, but have the right to protect and enforce its and its licensees’ licensed rights to your User Content.
User Content shall not:
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
LogicMonitor may, from time to time, post employment opportunities on the Website and/or invite users to submit resumes to the Company. If you choose to submit your name, contact information, resume and/or other personal information to LogicMonitor in response to such employment listings, you are authorizing the Company to use this information for all lawful and legitimate hiring, employment and other business purposes, subject to the Company’s recruiting privacy practices notice set forth in our applicant privacy practices for residents of California as well as our international locations (“Recruiting Policy”).
No link shall be made to any page of this Website, except a direct link to the top page www.logicmonitor.com without framing. In addition, any link to this Website must be immediately followed by notice to LogicMonitor via e-mail at [email protected] Moreover, in the event that Company deems your linking practices in relation to this Website to be inappropriate, the Company may provide notice to you concerning removal or modification of the inappropriate link, and your compliance with any and all requirements of the Company relating thereto. Upon notification to LogicMonitor of your link to the Website, as provided above, you may link to this Website unless and until LogicMonitor gives notice that you must discontinue linking to this Website.
If the Website 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 of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Website may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to receive messages from LogicMonitor (including, without limitation, push notifications), download applications to your mobile phone or access LogicMonitor features (collectively, the “Mobile Features”). We may charge for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. To opt-out of receiving text messages associated with a Mobile Feature text “STOP” to the applicable shortcode for the Mobile Feature.
If you have registered for Mobile Features that utilize your mobile number, you agree to notify LogicMonitor of any changes to your mobile number and update any relevant user account to reflect this change.
Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those using a LogicMonitor application acquired from the Apple App Store to access the Website on an Apple iOS device (“LogicMonitor iOS App”).
Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. LogicMonitor, not Apple, is solely responsible for the LogicMonitor iOS App and the content thereof. You further acknowledge that LogicMonitor may not be used in any manner inconsistent with the App Store Terms of Service as of the Effective Date.
Scope of License. You are granted a license to use the LogicMonitor iOS App on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the App Store Terms of Service.
Maintenance and Support. We are solely responsible for providing maintenance and support for the LogicMonitor iOS App, as specified in these Terms or as required under applicable law. You and LogicMonitor acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the LogicMonitor iOS App.
Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a LogicMonitor iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such LogicMonitor iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the LogicMonitor iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to a LogicMonitor iOS App or your possession and/or use of the LogicMonitor iOS App, including, but not limited to: (i) product-liability claims; (ii) any claim that the LogicMonitor iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.
Intellectual Property Rights. In the event of any third-party claim that a LogicMonitor iOS App or your possession and use of such LogicMonitor iOS App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
LogicMonitor controls the Website from its offices in Santa Barbara, CA. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular 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 any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, 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, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY 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 PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you believe that any material residing on or linked to from the Website infringes your copyright, please send (or have your agent send) a notice of claimed infringement to LogicMonitor at 820 State Street, Floor 5, Santa Barbara, CA 93101 (Attention: General Counsel) or by e-mail to legal[at]logicmonitor.com.
Please include the following information with such notice: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit the Company to locate the material on the Website (such as the URL(s) of the claimed infringing material); and (iii) information reasonably sufficient to permit the Company to contact you, including an address, telephone number and, if available, an email address.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info[at]logicmonitor.com.