TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING EXPERTMONITOR SERVICES ("Service"). By using this Service, you signify your assent to these terms and conditions of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use the Service. Any claim relating to, and the use of, this Service shall be governed by the laws of the State of Texas and any action related to the Service shall be brought in Travis County, Texas.

Conditions of Use

The Service must only be used to monitor servers that you own or pay someone to host for you. This is not an end-user tool - if every user set up a ExpertMonitor account it would be an unreasonable load on all of the servers involved. You must not use this service in any way that causes an unreasonable load on the system or deviates from its intended use. You must not set up any automated programs to interact or act upon our systems without prior written consent from ExpertMonitor. You must not cause an unreasonable or unwanted load on any third party systems. Upon acceptance of these terms, you have a nonexclusive license to use the Service and any software provided in connection with the service. You agree not to modify, change, disassemble, decompile or otherwise reverse engineer any software or service provided by ExpertMonitor.

ExpertMonitor shall have the right to retain records of all data in aggregate form pertaining to your use of the Service. ExpertMonitor may disclose such data provided it does not identify an individual server or user. ExpertMonitor may terminate your use of the Service for any reason at any time.

No Warranties

ExpertMonitor acts just like a normal user in most cases. In some cases it is possible for you to receive a false alarm if we have Internet connectivity problems. You should verify problems yourself using other means before acting upon them. The Service is provided without warranty in its current "as is" condition only for purposes of using the Service to monitor your servers. EXPERTMONITOR MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

LIMITATION OF LIABILITY

In no event shall ExpertMonitor be liable under any theory of liability, whether in an equitable, legal, or common law action arising hereunder for contract, strict liability, indemnity, tort (including negligence), or otherwise, for damages which, in the aggregate, exceed ten dollars ($10). In no event shall ExpertMonitor be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages of any kind and however caused, including but not limited to business interruption or loss of profits, business opportunities, or good will even if notified of the possibility of such damage, and notwithstanding the failure of essential purpose of any remedy.

Handling Complaints

In the case of complaints, our policy is to disable the account in question and contact the account creator by email. Questions about this policy can be sent to feedback@expertmonitor.com

Miscellaneous

These Terms and Conditions of Use ("Agreement") constitute the entire agreement and understanding between the parties relating to the subject matter hereof. This Agreement may not be amended except by a written document signed by both parties. If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. If any provision of this Agreement is held to be unenforceable under present or future law, and not subject to reformation, then (i) such provision shall be fully severable; (ii) this Agreement shall be construed and enforced as if such provision was never a part of this Agreement; and (iii) the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by unenforceable provisions or by their severance.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or the breach, termination, or validity thereof, except for temporary, preliminary, or permanent injunctive relief or any other form of equitable relief, shall be settled by binding arbitration in Austin, Texas administered by the American Arbitration Association ("AAA") and conducted by a sole arbitrator in accordance with the AAA's Commercial Arbitration Rules ("Rules"). The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. Sec. 1-16, to the exclusion of state laws inconsistent therewith or that would produce a different result, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.

Questions about this policy can be sent to feedback@expertmonitor.com