Terms of Service:

The following terms and conditions (“Terms”) govern all use of the Observery.com website and all content, services, and products available at or through the website. The Website is owned and operated by Mango, LLC. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Our Privacy Policy) and procedures that may be published from time to time by Mango, LLC (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

We refer to Mango, LLC as "Mango" or "we" or "us" throughout this agreement.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Mango, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older.

Use of our Services requires a Observery.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Observery.com.

• Your Observery.com Account. If you create an account on Observery.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Mango of any unauthorized uses of your account, or any other breaches of security. Mango will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
• License. You agree that you have the authority and grant us the right to scan any site you configure to be monitored. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store content present on the sites you've configured to be monitored, to the extent necessary to operate the service (for example, the content returned when a site experiences an outage, or for logging purposes, ...). These Terms don't give us any rights to your content beyond those we need to operate the service.
• Right to Communicate. You agree that you have the authority and grant us the right to send communications to the contacts you've configured in the system. Contacts can be email addresses or devices capable of receiving SMS messages. Communications will be sent via email or SMS, depending on contact type.

2. Fees, Payment, SMS Credits, and Renewal.

• Fees. Some of our plans are free and some have a monthly fee. Free and paid plans may have limited SMS credits included with the plan. All accounts can purchase additional SMS credits, if needed. Paid plans and purchased SMS Credits are all considered “Paid Services”. By using a Paid Service, you agree to pay the specified fees, which we'll bill or charge you for in regular intervals (such as monthly) or as needed (when SMS Credits run low), on a pre-pay basis until you cancel, which you can do at any time on the account page or by contacting us.
• Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
• SMS Credits. SMS credits included with your chosen plan do not carry over month to month (i.e. unused credits expire at plan renewal), but any SMS credits you purchase will carry over month to month. Credits included with your plan will be used prior to any credits you've purchased.
• Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period or depletion of resources (SMS Credits) below the renewal threshold, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable fee (as well as any taxes).
• Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
• Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

3. Intellectual Property.

This Agreement does not transfer from Mango to you any Mango or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Mango. Mango, Observery.com, the Observery.com logo, and all other trademarks, service marks, graphics and logos used in connection with Observery.com or our Services, are trademarks or registered trademarks of Mango or Mango's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Mango or third-party trademarks.

4. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know within your account, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

5. Termination.

Mango may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Observery.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Disclaimer of Warranties.

Our Services are provided “as is.” Mango and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mango nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

7. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Kansas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Johnson County, Kansas.

8. Arbitration Agreement.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Johnson County, Kansas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

9. Limitation of Liability.

In no event will Mango, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mango under this Agreement during the twelve (12) month period prior to the cause of action. Mango shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty.

You represent and warrant that your use of our Services:

• Will be in strict accordance with this Agreement;
• Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
• Will not infringe or misappropriate the intellectual property rights of any third party.

11. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Mango reserves the right to terminate accounts or access of those in the event of a breach of this condition.

12. Indemnification.

You agree to indemnify and hold harmless Mango, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

13. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

14. Miscellaneous.

This Agreement constitutes the entire agreement between Mango and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mango, or by the posting by Mango of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mango may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.