BETA Terms of Service & Privacy Disclosure
Central monitor beta
Effective August 30, 2018
This is a legal agreement between the person or organization (“Participant or “you”) agreeing to these Beta Terms of Service (“Terms”) and the applicable LogMeIn Contracting Entities (“LMI,” “us,” or “we”). By accepting these Terms, you represent that you are of legal age and have the authority to bind the Participant to these Terms.
1. Acceptance of Terms. These Terms contain the additional terms and conditions that apply to you (“Participant”) and your use of the Central Monitor Beta (“Central Monitor” or the “Service”) and your participation in this beta program provided by LMI. These Terms govern your access to and use of Central Monitor. LMI reserves the right to make changes to the Terms from time to time. By accessing the Services or using any part of the site or any content or services provided here, you agree to be bound by the most current version of the Terms. If you do not agree to the Terms, then you may not access the site or use these Services. You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18 and are of the age of majority in the applicable jurisdiction from which you are using the Services or accessing this site. As long as you comply with these Terms, LMI grants you a personal, non-exclusive, non-transferable, limited right to use the Services.
2. Description of the Service. Central Monitor is a web-based console that allows IT pros to discover and manage supported devices on their network and understand whether devices are operating appropriately, in order to diagnose issues that may lead to downtime. Additional features and functionality may be made available for testing through Central Monitor. We do not make any guarantees that these services will be made generally available.
5. Use of the Services; User Accounts. Access to the Central Monitor Beta requires signing up for Central Monitor account at monitor.logmein.com. You must maintain the confidentiality of your account and password, and you agree to notify LMI promptly of any unauthorized access or of any suspected breach of your account’s security. You may be held liable for losses incurred by LMI and/or another party due to a third party using your account or password.
7. Consent to Collection of Data and Use of Analytics. You agree that LMI may collect and use technical data, usage and quality statistics and related information (collectively “Analytics”) that are gathered periodically to facilitate the provision of updates, support and other services to you related to the Services. LMI and its third party providers may monitor, use and store Analytics to improve the Services.
9. No Technical Support. LMI and its third party providers do not, and are not obligated to provide any maintenance, technical or other support for the Services. LMI strongly recommends that you back up all data and information prior to using the Services.
10. Acceptable Use Policy. You agree not to, and not to allow any of your users, including employees and third parties, to use the Services in a manner that (i) abuses or materially disrupts any aspect of the networks, security systems, Services and/or websites of LMI; (ii) interferes with the use of the Services by other users; (iii) generates or facilitates unsolicited and unauthorized advertising or marketing communications, including spam, or otherwise violates LMI’s Anti-Spam Policy; (iv) violates or facilitates the violation of the legal rights of others, and/or (v) otherwise constitutes abuse in LMI’s sole discretion. You agree not to access or attempt to access the Services by any means other than through the interface that is provided by LMI in connection with the Services. You will not use the Services for fraudulent or illegal purposes, including the storage or transmission of content infringing the intellectual property rights of others, or to communicate any message or material that is deemed harassing, threatening, indecent, obscene, slanderous, defamatory, or otherwise unlawful. You will not use the Services to intentionally distribute malware, viruses, or any other computer code, files or programs of a destructive or deceptive nature.
11. Voice and Data Transmission Charges. To the extent applicable to the Service, you are responsible for all fees and charges imposed on you by your telephone carriers, wireless providers, and other voice and/or data transmission providers for voice and data transmission used by you to access and use the Services, if any. This includes any standard text messaging rates and quota limits applicable to text messages send and/or received in connection with the Service.
12. Ownership. You hereby acknowledge that LMI (or LMI licensors or suppliers) own all legal rights, titles and interests, in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or unregistered, and wherever in the world those rights may exist). You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Services or proprietary information related thereto. You shall not use or register (or attempt to register) any trademarks (including domain names) that are derived from or confusingly similar to those of LMI.
13. Modification and Termination. You may discontinue your use of the Services at any time. Notwithstanding any provision of these Terms, LMI reserves the right to discontinue the beta program and provision of the Service at any time. LMI makes no representation that the Service will be made generally available or offered publicly outside of a beta program in the future. LMI reserves the right to modify the Service while in the beta program with no notice to you and to discontinue certain features and functionality, or restrict access at any time in its sole discretion with or without notice to you. LMI reserves the right to offer the Service and make it generally available, if at all, in any manner it sees fit, including as a feature of another service, as a paid-for product, or for free, and to change the price according to any governing contract document, if one is charged. If LMI reasonably determines that you are not using the Services, or any features or functionality within the Service, in a reasonable or ordinary manner, LMI reserves the rights to impose limits on or terminate your use of the Service. LMI may determine abnormal usage of the Service through comparison with overall customer usage patterns
14. DISCLAIMER OF WARRANTIES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED BY LMI AND ANY THIRD PARTY PROVIDERS OR LICENSORS ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, AND MAY CONTAIN BUGS, ERRORS, AND OTHER DEFECTS. YOUR ACCESS TO AND/OR USE OF THE SERVICES, LMI WEBSITES, AND/OR LINKED SITES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO YOUR USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LMI MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES LMI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. LMI MAKES NO WARRANTIES OR GUARANTEES REGARDING THE SECURITY OF THE SERVICES. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY SOFTWARE, INFORMATION, DATA OR EQUIPMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF ANY OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LMI OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. LIMITATION ON LIABILITY. IN NO EVENT SHALL LMI, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THE SERVICES, AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT LMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LMI, ITS LICENSORS AND SUPPLIERS’ ENTIRE LIABILITY HEREUNDER IS LIMITED TO THE GREATER OF $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW LIMITS THE ABOVE LIMITATIONS OF LIABILITY, THE MAXIMUM AMOUNT OF LIMITATIONS ALLOWED UNDER APPLICABLE LAW SHALL BE APPLIED. ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES AND CONFIDENTIAL COMMITMENTS SET FORTH IN THIS AGREEMENT OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THIS AGREEMENT.
16. Indemnification. You agree to hold harmless and indemnify LMI, its parent company, affiliates and subsidiaries, officers, directors, members of each and all agents, employees, advertisers, licensors, suppliers and/or partners, from and against any third party demand, claims, action, suit, or loss arising as a result of: (i) your breach of these Terms, (ii) your use of the Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services, and/or (iv) your user content or any claims related thereto, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, LMI will provide you with written notice of such claim, suit or action.
17. Compliance with Laws. You agree to comply with all applicable local, state, national and foreign laws, rules, and regulations applicable to your use of the Services, including any laws regarding recording, the export of data or software, and data sharing, data processing and data transfer laws and regulations.
18. International Use. The Central Montior service is intended for use only from within the United States. If you choose to access the Services or otherwise use the Services to interface with end-users, devices, equipment, etc. (as applicable) from or residing in locations other than the United States, you do so at your own initiative and risk and are solely responsible for compliance with all relevant laws and regulations, including those relating to privacy, export, import, use, transmission and/or communication of any user content.
19. Copyright. If you believe the Services have been used in a manner that constitutes copyright infringement, you should follow the process outlined here: https://secure.logmein.com/home/policies/dmca.
21. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, exclusive of any provisions of the United Nations Convention on Contracts for Sale of Goods, including any amendments thereto, and without regard to principles of conflicts of law. Any litigation or other dispute resolution between you and LMI arising out of or relating to these Terms or your use of the Services shall be instituted in a state or federal court in Boston, Massachusetts. You and LMI hereby consent to the personal jurisdiction of and exclusive venue of these state and federal courts with respect to any such litigation or dispute resolution.