Terms of Service

THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND MONITOR, LLC. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE MONITOR, LLC SERVICE.

By using the service provided on the letsmonitor.com website (“Service”), a service of Monitor, LLC (“Monitor”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Use of Your Monitor Account

  1. You must use a valid email address for your Monitor account.
  2. You must not use the Service for any illegal or abusive purposes.
  3. Only one trial account per person or legal entity is allowed.
  4. You are solely responsible for the security of your account and keeping your password safe.

Payment and Billing

  1. You must provide Monitor with accurate billing information and keep this information up to date. This applies to all paid accounts, and also for trial accounts if you are using and paying for any extra services.
  2. By subscribing to the Service you give Monitor the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
  3. The Monitor Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
  4. Your Monitor account will be renewed automatically until you cancel the Service.
  5. You are responsible for all charges incurred related to your Monitor account, including any applicable taxes or extra service fees.
  6. The first 14 days of a new, trial account are free of charge and act as a free trial period.
  7. After your trial period has ended you will be required to provide a payment method to continue usage with one of the current pricing plans.

Refund Policy

  1. Our 14-day trial is free. If you choose to upgrade to a paid account you will be charged.
  2. If you cancel during the free trial, you will not be charged. If you choose to upgrade and then cancel, you will be responsible for any incurring charges, but none thereafter.
  3. You may cancel your account at any time by going to the 'My Settings' area.

Upgrading and Downgrading Accounts

  1. You can at any time upgrade or downgrade to a different Monitor paid account type inside the Monitor account settings area. The change to your account type will take effect immediately and apply to all future invoices.
  2. After an upgrade you will be billed right away for the remaining time until the next renewal (the amount will be reduced with what you have already paid).
  3. After a downgrade you will be billed at the next renewal date.

Cancellation and Termination of Service

  1. You may at any time cancel your Monitor account inside the Monitor account settings area provided that any past invoices have been paid. Monitor does not accept cancellations via email or phone.
  2. Any abuse of the Service will lead to termination of your account. Monitor reserves the right to decide what is considered abuse of the Service.

Use of Customer’s Name and Company Name

  1. Monitor reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the letsmonitor.com website and other communication with existing or potential Monitor customers.

Changes to Terms of Service

  1. These Terms of Service may be updated at any time without prior notice. The most current Terms of Service are always available at http://letsmonitor.com/terms

Disclaimer

  1. The Monitor service is provided “as is” and “as available”.
  2. Monitor reserves the right to modify the Service at any time, including but not limited to adding and removing features and package types.
  3. Monitor reserves the right to discontinue the Service at any time after a 30-day notice via email.
  4. Monitor reserves the right to change the pricing for the Service and any connected services at any time.
  5. Monitor gives no warranties regarding the accuracy of the data collected with the Service or any potential corruption or loss of such.

Limitation of Liability

  1. You expressly understand and agree that Monitor shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Monitor has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use the Monitor service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Monitor service; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the Monitor service; or 5. any other matter relating to the Monitor service.
  2. Any decisions or claims you make based on data from the Monitor Service are your sole responsibility. Monitor shall not be held liable for any such decisions or claims made.
  3. In no event shall Monitor’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Indemnification

  1. You agree to indemnify, defend and hold harmless Monitor and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Monitor service, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
  2. You agree to immediately notify Monitor of any unauthorized use of your account or any other breach of security known to you.

Other

  1. If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.

Dispute

  1. This contract shall be governed by the substantive law of the United States of America.
  2. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the District Court of Boulder in Colorado.