Terms of Use

Effective date: 1/14/2015

These Terms of Use (“Terms of Use” and/or “Terms”) contains the terms and conditions that govern the use of the LeanSentry website located at www.leansentry.com (the "Site") and the associated products, including any and all associated services, systems, software and downloadable programs for providing application monitoring functionality (collectively the “LeanSentry Product” or “Product”).

The Terms of Use is a legal agreement between the users ("User", "you", or "your") of the LeanSentry Product and Mvolo LLC d/b/a LeanSentry (hereinafter referred to as "LeanSentry", "we", "our", "us"). The Terms of Use apply to all users of the LeanSentry Product whether individuals or companies, and whether or not you have registered on the Site.

By accessing the Site, completing the registration process, logging in, downloading and/or running the LeanSentry Product, and/or maintaining installed components of the associated programs on your systems, you represent that (1) you have read, understand, and agree to be bound by the Terms, (2) you are legally able to form a binding contact with us, and (3) you have the authority to enter into the Terms personally or on behalf of each company or organization accessing the LeanSentry Product through your account. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE, AND MUST IMMEDIATELY DISCONTINUE USING OR ACCESSING THE SERVICES AND PROGRAMS OBTAINED THROUGH THE SITE.

If you have entered into an Enterprise agreement with us, then that agreement controls if it conflicts with these Terms.

1. Product

1.1 License. The LeanSentry Product is a copyrighted work owned by LeanSentry. LeanSentry owns and operates the LeanSentry Product. The documents and other information and content available on the Site (the "Site Content") are protected by copyright laws throughout the world. Subject to compliance with these Terms, LeanSentry grants to you a limited, non-transferrable, non-sublicensable, non-exclusive, revocable right to: (i) access and use the LeanSentry Product for your internal business purposes; (ii) use the Site in support of such access; and (iii) reproduce portions of the Site for the sole purpose of using the LeanSentry Product for your internal business purposes. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. LeanSentry and its suppliers reserve all rights not granted in these Terms of Use.

1.2. Ownership. LeanSentry is the sole and exclusive owner of the LeanSentry Product, as well as all intellectual property and other proprietary rights associated therewith. You may not disassemble, decompile, reverse engineer, modify, or create derivative works of the Product. You may not sell or offer to sell, license or sublicense the Product, or transfer or convey any right in the Product you obtain through the Site. The Site Content is also proprietary and is protected by the copyright laws of the United States and other countries. Portions of the Site are provided by third parties and may contain third party copyrights. The compilation of the content on the Site is the exclusive property of LeanSentry and is protected by the copyright laws of the United States and other foreign countries.

1.3. Trademarks. “LeanSentry”, and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of LeanSentry and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.

1.4 Modification. LeanSentry reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part of the LeanSentry Product with or without notice. You agree that LeanSentry will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the LeanSentry Product or parts thereof.

2. Use

2.1 Your Information. In order to obtain and use the Services, you agree to provide true, accurate, and current information about yourself (your “Information”) on the account registration (“Registration”) and activation (“Activation”) forms, including but not limited to contact and payment information. You hereby agree that:

  1. You will promptly update your Information if it changes to keep it current, accurate, and complete. This includes ensuring that your payment information is correct and can be used to by us to successfully charge you for any payments due.

  2. If your Information is found to be false or incomplete, and reasonable attempts to reach you are unsuccessful and/or you fail to correct your Information within 30 days of our initial attempt to contact you, we reserve the right to terminate your use of the LeanSentry Products with no further notice to you. In this case, you remain liable for any payments due as specified in the Termination section of the Terms.

2.2 Account Access. You are solely responsible for ensuring authorized access to your account (your "Account"). You agree to keep private your login information, and any and all passwords and keys associated with the LeanSentry Product. You are responsible for any activity originating from your account, whether this activity is authorized or sanctioned by you. You agree to notify us immediately if you discover any unauthorized access to your account.

2.3 Additional Users. You may create additional users (your “Secondary Users”) that have access to your account, including assigning certain permissions to your Secondary Users. It is your responsibility to (i) manage access for your Secondary Users and (ii) ensure that all Users associated with your account agree to and comply with these Terms.

2.4. Your Data. Your use of the LeanSentry Product may require you to transmit certain data (your “Data”).

  1. You retain all rights and ownership in your Data. You represent and warrant that you have the necessary rights and licenses to transmit your Data to us in connection with your use of the LeanSentry Product, and that by doing so you will not violate any laws, contractual obligations, confidentiality agreements, or the intellectual property rights of third parties. You shall be solely responsible for ensuring that your use of the LeanSentry Product, and the transmission, storage, and processing of your Data by us does not violate any applicable laws.

  2. You understand and agree that we shall not have any responsibility whatsoever for ensuring error-free storage or uninterrupted access to your Data. You hereby release us from any liability in the event of the partial or complete loss of your Data. In case of termination, your Data is deleted immediately without the possibility of recovery.

2.5. Use of LeanSentry Product. By accessing the Site, downloading the Programs or accessing the Services associated with the LeanSentry Product, you agree to and will comply with the following conditions:

  1. Your use of the LeanSentry Product is at your sole risk, and LeanSentry makes no representations that the LeanSentry Product will accurately detect, diagnose, or display any or all performance problems in your application.

  2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the LeanSentry Product, use of the LeanSentry Product, or access to the LeanSentry Product without the express written permission by LeanSentry.

  3. You must be a human person. Any use of the LeanSentry product by an automated agent or “bot” is not allowed.

  4. You must be at least 13 years old. Any use of the LeanSentry Product by a person younger than 13 years of age is not allowed.

  5. You may not use the LeanSentry Product or any part thereof for any illegal or unauthorized purpose. You may not download, execute, or use the Programs, or any component thereof, for any purpose other than supporting the LeanSentry Product.

  6. You may not hack or abuse the LeanSentry Product, or access the LeanSentry Product or any part thereof in a way that can cause undesired operation of the LeanSentry Product. You must not use the LeanSentry Product to transmit any worms, viruses, or any code or content of a destructive nature.

  7. You may not disassemble, decompile, reverse engineer, modify, or use any components of the Programs.

  8. LeanSentry, in its sole discretion, has the right to suspend or terminate your access to the LeanSentry Product, or refuse any and all current or future use of the LeanSentry Product, or any other LeanSentry service, for any reason and at any time.

  9. If your access to the LeanSentry Product is terminated for any reason, you must immediately terminate the use of, uninstall, and delete any programs associated with the LeanSentry product or any components thereof.

2.6 Updates. You understand that the LeanSentry Product is evolving. As a result, we may require you to accept updates to components of the LeanSentry Product that you have installed on your computer. You acknowledge and agree that we may update the LeanSentry Product with or without notifying you. You may need to update third-party software from time to time in order to use the LeanSentry Product.

2.7. Indemnity. You agree to defend, indemnify and hold LeanSentry, its successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the LeanSentry Product, or (b) your breach or violation of these Terms of Use. LeanSentry reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LeanSentry’s defense of such Claim.

2.8. “AS-IS” AND WITHOUT WARRANTY. THE LEANSENTRY PRODUCT IS MADE AVAILABLE ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE LEANSENTRY PRODUCT IS AT YOUR OWN RISK. LEANSENTRY PROVIDES THE LEANSENTRY PRODUCT WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WITHOUT ANY ASSURANCE OR GUARANTEE THAT THE LEANSENTRY PRODUCT WILL BE AVAILABLE FOR USE AND/OR THAT ALL PRODUCTS, SERVICES, PROGRAMS, FUNCTIONS, FEATURES, AND/OR OPERATIONS WILL BE AVAILABLE AND WILL PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, LEANSENTRY IS NEITHER LIABLE NOR RESPONSIBLE IN ANY WAY FOR DAMAGE OR INJURY TO YOUR HARDWARE, SERVER(S), PRODUCTION ENVIRONMENT, OR PERFORMANCE OF YOUR SERVICE AND/OR WEBSITES, NOR IS LEANSENTRY EITHER LIABLE OR RESPONSIBLE FOR ANY MALICIOUS CODE, ERRORS, INACCURACIES, OMISSIONS OR DELAYS ARISING OUT OF YOUR USE OF the LEANSENTRY PRODUCT, NOR IS LEANSENTRY EITHER LIABLE OR RESPONSIBLE FOR CONSEQUANTIAL LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE FULL AND COMPLETE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, COMPLETENESS, CORRECTNESS, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE LEANSENTRY PRODUCT, INCLUDING, WITHOUT LIMITATION, THE SITE, SERVICES, AND PROGRAMS ASSOCIATED WITH YOUR USE OF THE LEANSENTRY PRODUCT. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

2.9. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, LEANSENTRY, ITS SUCCESSORS AND ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND, EITHER DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY CLAIM FOR LOSS OF PROFITS, LOST BUSINESS, OR LOST BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE LEANSENTRY PRODUCT OR FROM THESE TERMS OF use, EVEN IF LEANSENTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2.10 Termination.

  1. We reserve the right to suspend or cease providing the LeanSentry Product or any part thereof, at any time, with or without cause, and with or without notice to you. We may terminate your use of the LeanSentry Product if you are not in compliance with the Terms, or if your use of the LeanSentry Product may create a negative impact on the Service for other Users or our business, determined at our sole discretion.

  2. Unless otherwise agreed, you may also terminate your use of the LeanSentry Product by notifying us. Your termination will be effective with the next billing period according to your payment plan, unless otherwise specified in the payment terms associated with your plan and/or your Enterprise Agreement.

  3. In case of termination, you agree to make any payments due up to and including the last billing period prior to the termination according to your payment terms.

  4. You understand and agree that termination of your use of the LeanSentry Product may include an immediate termination of your access to the Site, the deletion of your Data, your Account and all associated information, and the removal of associated Programs from your system. We will not have any liability whatsoever to you for any suspension or termination, including the loss of your Data. All provisions of these Terms, which by nature should survive, shall survive termination of your use of the Products, including without limitation the ownership provisions, warranty disclaimers, and limitations of liability.

3. Other

3.1. Advice. From time to time, we may provide information and/or recommendations in relation to your use of the LeanSentry Product and your website performance. You agree that any and all use of such information is at your own risk, and is subject to the disclaimers of warranty and limitations of liability stated in these Terms.

3.2. Feedback. LeanSentry will treat any feedback or suggestions you provide to us as non-confidential and non-proprietary. Thus, in the absence of a separate written agreement with LeanSentry to the contrary, you agree that you will not submit to LeanSentry any information or ideas that you consider to be confidential or proprietary. You hereby grant LeanSentry a fully paid, perpetual, irrevocable, royalty-free, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, display, distribute, modify, adapt, create derivative works, and otherwise exploit your Feedback in any manner. LeanSentry shall own all improvements, modifications, inventions, and discoveries that may be conceived, developed, or reduced to practice by LeanSentry as a result of or in connection with your Feedback.

3.3. Privacy. By submitting your Information and any other personal information to the Site, you hereby authorize LeanSentry to use this information, including for the purpose of contacting you about your Account, your use of the LeanSentry Product, new products, and news. Additionally, you authorize LeanSentry to accept, store, and use any data collected by the Programs and Services for the purpose of providing Services to you. Except as expressly provided in these Terms of Use, the terms and conditions of LeanSentry's current Privacy Policy apply to your use of the Site. The Privacy Policy is set forth on the Site, currently at leansentry.com/about/privacy , and is incorporated into, and considered a part of, these Terms of Use. You are responsible for regularly reviewing the Privacy Policy, as LeanSentry may change its terms from time to time at LeanSentry's sole discretion and with or without prior notice to you.

3.4. Third Party Links. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the control of LeanSentry. LeanSentry is not responsible for the content of any third party web site or any link contained in a third party web site. LeanSentry provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.

3.5. Amendment. LeanSentry may, at any time, revise these Terms of Use by updating this posting. By accessing the Site, and/or using the LeanSentry Product or any part thereof, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Site to examine the then-current Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site. YOUR CONTINUED USE OF THE SITE OR PRODUCT 30 DAYS AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AS MODIFIED BY THE POSTED CHANGES.

3.6. Notice. LeanSentry may use email to communicate with you. You are responsible for providing us with your most current e-mail address. In the case that the e-mail address you provided to us is not valid, or for any reason you are unable to receive any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at leansentry@leansentry.com or LeanSentry, 16 E. Lancaster Ave, Ste 205, Ardmore PA 19003. Such notice shall be deemed given when received by LeanSentry by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

3.7. General Provisions. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Pennsylvania, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which LeanSentry's principal place of business is located for any lawsuit filed there against you by LeanSentry arising from or related to these Terms of Use.

3.8. Governing Law. This Agreement is deemed to have been entered into in the Commonwealth of Pennsylvania, and, except as delineated below with regard to the enforcement of any judgment, the validity, interpretation and legal effect of this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to any conflict of laws principles.

3.9. Binding Arbitration.

  1. In the event of any dispute with respect to any matter arising out of these Terms of Use, as the same may be amended or supplemented, such dispute shall be submitted to arbitration upon request of any one or more of the disputants, and the arbitration shall occur in Philadelphia, Pennsylvania in accordance with the rules of the American Arbitration Association. The decision and award of the arbitration panel shall be final and binding upon the disputants, and judgment may be entered thereon in accordance with applicable law in any court having jurisdiction thereof. The agreement herein to arbitrate shall be specifically enforceable under applicable law in any court having jurisdiction thereof. All costs of arbitration and the prevailing party’s expert and attorney’s fees shall be borne by the non-prevailing party. The parties hereby waive their right to a trial by jury.

  2. Any process in any action or proceeding commenced arising out of any such claim, dispute or disagreement, may, among other methods, be served upon any party via email or by delivering or mailing the same, via registered or certified mail, addressed to you at the address on file or such other address as you may designate. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within Philadelphia, Pennsylvania.

If you have any questions about the foregoing, please contact us at the following e-mail address: leansentry@leansentry.com.