Terms of Use

Last updated July 2023

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and OpsLyft (“we,” “us” or “our”), concerning your access to and use of the www.opslyft.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to that.

You agree that by accessing the OpsLyft website, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the OpsLyft website, and you must discontinue use immediately.

Supplemental Terms of Use or documents posted on the OpsLyft website from time to time result from this expressly incorporated herein by reference. In our sole discretion, we reserve the right to make changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms of Use by your continued use of the OpsLyft website after the date such revised Terms of Use are posted.

The information provided on the OpsLyft website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the OpsLyft website from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

User Registration

You may be required to register with the OpsLyft website. You agree to keep your password confidential and responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Intellectual Property Rights

Unless otherwise indicated, the OpsLyft website is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the OpsLyft website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the OpsLyft website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the OpsLyft website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

User Representations

By using the OpsLyft website, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.


2. You will maintain the accuracy of such information and promptly update such registration information as necessary.


3. You have the legal capacity, and you agree to comply with these Terms of Use.


4. You are not under the age of 13.


5. Not a minor in the jurisdiction in which you reside, or if a little, you have received parental permission to use the OpsLyft website.


6. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.


7. You will not use the OpsLyft website for any illegal or unauthorized purposes.


8. Your use of the OpsLyft website will not violate any applicable law or regulation.

Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse any current or future use of the OpsLyft website (or any portion thereof).

Prohibited Activities

You may not access or use the OpsLyft website for any purpose other than that for which we make the OpsLyft website available. The OpsLyft website may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the OpsLyft website, you agree not to:

1. Stematically retrieve data or other Content from the OpsLyft website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.


2. Make any unauthorized use of the OpsLyft website, including collecting usernames and email addresses of users by electronic or other means to send unsolicited email or create user accounts by automated means or under pretenses.


3. Use a buying agent or purchasing agent to make purchases on the OpsLyft website.


4. Use the OpsLyft website for advertising or offering to sell goods and services.


5. Circumvent, disable, or otherwise interfere with security-related features of the OpsLyft website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the OpsLyft website and the Content contained therein.


6. Engage in unauthorized framing of or linking to the OpsLyft website.


7. The trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords.


8. Make improper use of our support services or submit false reports of abuse or misconduct.


9. Engage in any automated system use, such as scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.


10. Interfere with, disrupt, or create an undue burden on the OpsLyft website or the networks or services connected to the OpsLyft website.


11. Attempt to impersonate another user or person or use the username of another user.


12. Sell or otherwise transfer your profile.


13. Use any information obtained from the OpsLyft website to harass, abuse, or harm another person.


14. Use the OpsLyft website as part of any effort to compete with us or otherwise use the OpsLyft website and the Content for any revenue-generating endeavor or commercial enterprise.


15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the OpsLyft website.


16. Attempt to bypass any Site measures designed to prevent or restrict access to the OpsLyft website or any portion of the OpsLyft website.


17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing you with any portion of the OpsLyft website.


18. Delete the copyright or other proprietary rights notice from any Content.


19. Copy or adapt the OpsLyft website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.


20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the OpsLyft website or modifies, impairs, disrupts, alters, or interferes with the service, features, functions, operation, or maintenance of the OpsLyft website.


21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, transparent graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCM”).


22. Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the OpsLyft website, or using or launching any unauthorized script or other software.


23. Disparage, tarnish, or otherwise harm, in our opinion, us and the OpsLyft website.


24. Use the OpsLyft website in a manner inconsistent with any applicable laws or regulations.

Third-party Websites & Content

The OpsLyft website may contain (or you may be sent via the OpsLyft website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the OpsLyft website or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. Suppose you decide to leave the OpsLyft website and access the Third-Party Websites or to use or install any Third-Party Content. In that case, you do so at your own risk, and you should be aware that these Terms of Use no longer govern.

You should able terms olicies, including privacy and data gathering practices, of any website to which you navigate from the OpsLyft website or relating to any applications you use or install from the OpsLyft website. Any purchases you make through Third-Party Websites will be through other websites and from other companies. We take no responsibility whatsoever for such purchases exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites. You shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Site Management

We reserve the right, but not the obligation, to:

1. Monitor the OpsLyft website for violations of these Terms of Use.


2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.


3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.


4. In our sole discretion and without limitation, notice, or liability, to remove from the OpsLyft website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.


5. Otherwise, manage the OpsLyft website in a manner designed to protect our rights and property and facilitate the Site's proper functioning.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy (posted on the OpsLyft website). By using the OpsLyft website, you agree to be bound by our Privacy Policy, incorporated into these Terms of Use.

Suppose you access the OpsLyft website from the uropean Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the OpsLyft website. In that case, you are transferring your datato the United States.

You expressly consent to have your data transferred to and processed in the United States. [Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, following the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]

Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the OpsLyft website infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Under federal law, please be advised that you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the OpsLyft website infringes your copyright, you should consider first contacting an attorney.

Term & Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE OPSLYFT WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.

Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

Modifications & Interruptions

We reserve the right to change, modify, or remove the contents of the OpsLyft website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our OpsLyft website. We also reserve the right to modify or discontinue all or part of the OpsLyft website without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the OpsLyft website.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the OpsLyft website, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the OpsLyft website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the OpsLyft website during any downtime or discontinuance of the OpsLyft website.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the OpsLyft website or to supply any corrections, updates, or releases in connection therewith.

Disclaimer

THE OPSLYFT WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE OPSLYFT WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE OPSLYFT WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE OPSLYFT WEBSITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE OPSLYFT WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION AND FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE OPSLYFT WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE OPSLYFT WEBSITE BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OPSLYFT WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OPSLYFT WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE OPSLYFT WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Your Contributions.


2. Use of the OpsLyft Website.


3. Breach of these Terms of Use.


4. Any violation of your representations and warranties outlined in these Terms of Use.


5. Your violation of the rights of a third party, including but not limited to intellectual property rights.


6. Any overt harmful act toward any other site user with whom you connected via the OpsLyft Website.

Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the OpsLyft Website for the purpose of managing the OpsLyft Website, as well as data relating to your use of the OpsLyft Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the OpsLyft Website.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions & Signatures

Visiting the OpsLyft Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the OpsLyft Website satisfy any legal requirement that such communication is in writing.

YOU AT THIS MOMENT AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE OPSLYFT WEBSITE.

You at this moment waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the OpsLyft Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

Suppose any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable. In that case, that provision or portion of the condition is deemed severable from these Terms of Use. It does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us due to these Terms of Use or the use of the OpsLyft Website. You agree that these Terms of Use will not be construed against us after having drafted them.

You at this moment waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.