These Terms of Use (the "Terms") govern your use of the Ops Monitor website at opsmonitor.ai (the "Site"), operated by Ops Monitor, LLC ("Ops Monitor," "we," "us," or "our"). By using the Site, you agree to these Terms. If you do not agree, do not use the Site.
Important: the Site is not the Platform
These Terms cover the marketing website only. Access to and use of the Ops Monitor analytics platform (the "Platform") is governed by a separate written agreement, our Master Subscription Agreement and the applicable Order Form (together, the "MSA"). If you are a customer, the MSA governs the Platform, and the MSA controls over these Terms with respect to the Platform. Nothing on the Site or in these Terms changes, replaces, or adds to the MSA.
1. The Site is informational
The Site provides general information about Ops Monitor and the Platform. Information on the Site is provided for general purposes only, is not an offer or a binding commitment, and may change at any time. Descriptions of features, availability, and pricing on the Site are general and are not a substitute for the terms in the MSA and the applicable Order Form. If anything on the Site differs from the MSA, the MSA controls for customers.
2. Demo requests and contact forms
If you submit a demo request or contact form, you agree to provide accurate information and you authorize us to contact you about your request. Submitting a form does not create a contract, an account, or any obligation on us to provide the Platform or any service. Information you submit through the Site is handled as described in our Privacy Policy, and submitting a demo request does not give you access to the Platform unless and until we enter into a separate written agreement.
3. Acceptable use of the Site
You agree not to:
- use the Site in any way that violates applicable law or these Terms;
- scrape, crawl, harvest, or use automated means to access or collect data from the Site, except for standard search-engine indexing;
- attempt to gain unauthorized access to the Site or its underlying systems, or interfere with or disrupt the Site's operation or security;
- introduce malicious code, or probe, scan, or test the vulnerability of the Site; or
- reverse engineer, copy, or create derivative works of the Site or its content, except as allowed by law.
4. Intellectual property
The Site and its content, including text, graphics, layout, the Ops Monitor name, the Ops Monitor logo, and other marks, are owned by Ops Monitor or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive license to view the Site for your own informational and business-evaluation purposes. All other rights are reserved. All carrier and other third-party names, marks, and brands referred to on the Site are the property of their respective owners, and our use of any such name is for identification only and does not imply any affiliation or endorsement.
5. Independence
Ops Monitor is an independent third-party product built for service providers contracted with FedEx. It is not owned by, affiliated with, or sponsored by FedEx Corporation or Federal Express Corporation. We do not scrape confidential carrier systems. Any connection to your operating data runs through official, authorized channels, and your data stays yours.
6. Third-party links
The Site may link to third-party websites or services that we do not control. We provide these links for convenience only, and we are not responsible for the content, policies, or practices of any third-party site. Your use of any third-party site is at your own risk and subject to that site's terms.
7. Disclaimer
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OPS MONITOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
This Section 8 applies only to your use of the Site. It does not limit, expand, or otherwise affect any rights, obligations, or limitations of liability under the MSA, which separately governs the Platform.
9. Indemnification
You agree to indemnify and hold harmless Ops Monitor and its officers, directors, employees, and agents from any claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site in violation of these Terms or applicable law.
10. Governing law and venue
These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-laws principles. Any action or proceeding arising out of or relating to these Terms or the Site will be brought exclusively in the state courts located in Douglas County, Missouri, or in the United States District Court for the Western District of Missouri, and you consent to the personal jurisdiction of those courts and waive any objection to venue there.
11. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the "Last updated" date above. Your continued use of the Site after an update means you accept the updated Terms.
12. Contact us
If you have questions about these Terms, contact us at:
Ops Monitor, LLC
P.O. Box 26, Ava, Missouri 65608
donald@opsmonitor.ai