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Terms of Use

Welcome to OpsHub. By accessing the Service (as defined below), or by checking or selecting an “I agree” or similarly worded box or button indicating your acceptance of these Terms of Use, you agree to be bound by these Terms of Use, which constitute your agreement with OpsHub, Inc., a Delaware corporation. If you are entering into this agreement on behalf of a company or other entity, you represent that you have the authority to, and do hereby, bind such entity to this agreement, and references to “you” or “your” will refer to such entity. If you do not have such authority, or if you do not agree or cannot comply with the terms of this agreement, you must not accept this agreement and neither you nor such entity may use the Service.

The OpsHub websites together with any services provided by us through or in connection with such websites, are collectively referred to in these Terms of Use as the “Service.” References to “we,” “us,” and “our” refer to OpsHub, Inc.

THE SERVICE IS OFFERED FROM THE UNITED STATES OF AMERICA AND IS NOT CURRENTLY OFFERED TO PERSONS IN THE EUROPEAN UNION OR ITS MEMBER STATES (THE “EU”). IF YOU ARE IN THE EU, YOU MAY NOT USE THE SERVICE.

IF YOU ARE A COMPETITOR OF OPSHUB, INC., OR AN EMPLOYEE, AGENT OR OTHER REPRESENTATIVE OF SUCH A COMPETITOR, YOU MAY NOT USE THE SERVICE.

We may amend these Terms of Use at any time by posting the modified Terms of Use on the Service. The modifications shall be effective upon such posting (unless a later date is specified in the posting, in which case that date shall be the effective date of the modifications.) You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms of Use.

Access to the Service

Age Requirement; Responsibility. You represent that you are old enough to form a legally binding contract. You may not access or use the Service unless you are at least 18 years old. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device. You are responsible for your use of the Service and for all activities that occur under your account or password. You agree to notify us immediately of any known or suspected breach of these Terms of Use or unauthorized access to or use of the Service.

Registration; Account Information. You are required to maintain and promptly update all information provided during your registration process, and any other information you provide to us, so that it remains true, accurate, up-to-date and complete at all times. You represent and warrant that all such information provided by you is true, accurate and complete. The Service

may permit you to register through certain third-party services, such as Facebook Connect or Google (“Authentication Service”). By registering with or logging into the Service using an Authentication Service, you agree that we may access and use your information on the Authentication Service, including but not limited to your username, profile picture, age, date of birth, email address, and friends/contacts list. (To learn more please review our Privacy Notice) We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.

License. Subject to and in accordance with these Terms of Use and other guidelines or instructions included in the Service by us, we grant you a limited, non-exclusive license to access and use the Service. We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice. We reserve the right to revoke any particular username, or to require you to choose another username or password. We may update, upgrade or otherwise modify the Service at any time with or without notice.

Use of the Service; Prohibited Conduct

General. You may access and use the Service only in accordance with these Terms of Use and all applicable laws and regulations.

Interactions With Other Users. Your interactions with other users of the Service are entirely between you and such users. While certain portions of the Service may facilitate your communication with other users, we are not a party to these interactions or any transaction you may enter into with any other user.;

Prohibited Conduct. You agree not to:

  • use the Service to compete with us, directly or indirectly;
  • harvest or otherwise collect or disseminate information about others without their consent, or harass or “stalk” another;
  • impersonate any person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of messages, or create any user account by automated means or under false pretenses;
  • gain or attempt to gain unauthorized access to the Service, or other accounts, computer systems or networks connected to the Service, through password mining or any other means;
  • export technical data or other materials in violation of any applicable law;
  • use any automated software, device, or process (including without limitation any “web crawler” or “screen scraper”) to extract or index any data or other content from the Service (including information about users of the Service)
  • artificially generate traffic or page links to any portion of the Service;
  • use the Service in a manner that could damage, disable, overburden or impair the Service, or interfere with any other user’s ability to use the Service;
  • use the Service to solicit business for yourself or any third party;
  • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including without limitation the use of framing techniques to enclose any content, and the placement of pop-up windows over web pages;
  • authorize, aid, or encourage anyone to act in violation of these Terms of Use; or
  • upload, transmit or otherwise make available data, information or material that:
    • is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
    • infringes any intellectual property right or other right of any third party, including but not limited to any patent, trademark, service mark, trade secret or copyright;
    • constitutes the unauthorized or unlawful disclosure of confidential or other proprietary or nonpublic information;
    • constitutes unsolicited or unauthorized advertising or promotional materials, “chain letters,” “junk mail,” “spam,” “pyramid schemes” or any other form of disruptive messages;
    • contains viruses, trojan horses, worms or any other harmful or disruptive computer code, files or programs; or
    • is fraudulent, misleading or otherwise intentionally inaccurate.

Hyperlinks. You may create a hyperlink to the home page of the Service so long as the link does not portray the Service, us, or our affiliates or their services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without written permission

Privacy

Please see our Privacy Policy, which also governs your use of the Service and is hereby incorporated into these Terms of Use.

Proprietary Rights

All content included in the Service and originating with us, including but not limited to website design, text, photographs, graphics, sound, software and the arrangement of all content in the Service, is the property of OpsHub, Inc. or its licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by these Terms of Use or any guidelines or instructions included in the Service by us, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service, any use of the Service, or any access to the Service. You may not reverse engineer, reverse assemble, decompile or otherwise attempt to determine or derive the source code of the Service or any portion thereof.

“OpsHub” and all related logos, graphics and icons are service marks or trademarks of OpsHub, Inc. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners, and their presence in the Service does not represent an endorsement of the Service.

Third-Party Sites

The Service may provide links to third-party websites and applications (“Third-Party Sites”). The content, features, business practices and privacy policies of Third-Party Sites are not under our control. We are not responsible for the content of any Third-Party Site, and we will not be liable for any damage or loss caused by or in connection with the use of any Third-Party Site or any information, product or service available on or through any Third-Party Site. The inclusion of a link in the Service does not imply any endorsement by us or any affiliation between us and the third party.

Content Provided By You and Other Users

You are responsible for all content you post, upload or otherwise submit to the Service (“Your Content”), including any content you share with other users via the Service. You are prohibited from posting, uploading or otherwise submitting Your Content to the Service if Your Content contains personal data about any person or household other than you. You warrant that you have all rights necessary to submit Your Content to the Service, and that the public display and other use of Your Content by us in accordance with these Terms of Use will not violate the rights of any third party. We cannot guarantee that Your Content will never be lost or damaged, and you should keep your own copy of Your Content to the extent you deem necessary. We reserve the right, in our sole discretion, to remove, move or otherwise restrict any of Your Content, at any time and for any or no reason, with or without notice. We may store and process Your Content within or outside of the United States of America.

You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable license to use, reproduce, modify, translate, publicly display, perform, create derivative works of, publish and distribute Your Content.

In using the Service, you may access content submitted or otherwise made available by other users. We do not pre-screen, edit or review such content. You may be exposed to content that is

inaccurate, offensive, indecent or objectionable. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content, and we will not be liable for any damage or loss caused by or in connection with the use of such content. By using the Service, you agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content.

No Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR INCURRED IN CONNECTION WITH ANY OF THE FOLLOWING (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES): (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF US AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR

DAMAGES WITH RESPECT TO THIS AGREEMENT OR THE SERVICE (WHETHER IN CONTRACT, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE) IS LIMITED TO THE GREATER OF $100 OR THE FEES PAID BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INITIAL EVENT CAUSING OR RESULTING IN SUCH LIABILITY.

Exclusions and Limitations

THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THAT EXTENT, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Individual Actions Only

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS OR ACTIONS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER CLAIMS OR ACTIONS ARE NOT PERMITTED.

Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless us and our affiliates, officers, directors, employees, agents, partners and licensors from and against all claims, damages, liabilities, losses and expenses (including without limitation reasonable attorneys’ fees) (“Losses”) arising out of or incurred in connection with any claim by any third party where such claim is due to or arises out of your use of the Service, Your Content, or your violation of these Terms of Use, any applicable law, or the rights of any third party.

Procedure for Making Claims of Copyright Infringement

We may, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice including the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

We and our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
OpsHub, Inc.
1000 Elwell Court, Suite 101, Palo Alto, CA 94303, USA

By phone: +1 (650) 701-1800

By email: webadmin at opshub dot com

General

Notices. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Service.

Entire Agreement. These Terms of Use represent the entire agreement between you and us with regard to their subject matter, they supersede all prior agreements and representations, and they may not be modified except by us in writing (including modifications by us to this page).

Choice of Law and Forum. These Terms of Use, your use of the Service and the relationship between you and us, and any disputes, claims or causes of action related to the foregoing, shall be governed by the law of the State of California, United States, without regard to its conflict of laws principles, and any such dispute, claim or cause of action shall be brought only in federal or state court in the County of Santa Clara, California, United States, and you and we hereby generally and unconditionally submit to and accept the jurisdiction of such courts.

Assignment. These Terms of Use, including without limitation any rights or obligations provided for herein, may not be assigned, delegated or otherwise transferred by you. Any assignment, delegation or transfer attempted to be made in violation of these Terms of Use shall be null and void.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. Any provision of these Terms of Use which is held invalid or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability and without

rendering invalid or unenforceable the remaining provisions of these Terms of Use or affecting the validity or enforceability of any of the provisions of these Terms of Use in any other jurisdiction, and the court or tribunal so holding will be empowered to substitute, to the extent enforceable, provisions similar to said provision, or other provisions, so as to provide to the parties the benefits intended by said provision to the fullest extent permitted by applicable law. If any provision of these Terms of Use is so broad as to be unenforceable, the provision will be interpreted to be only so broad as is enforceable.

Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to these Terms of Use or the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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