Last Updated: March 20, 2025
Welcome to Kapient, a website uptime monitoring service provided by SPS Group, Inc. ("Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website and services, including any content, functionality, and services offered on or through [kapient.com] (the "Site").
By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
By using our services, you acknowledge that you have read, understood, and agree to these Terms. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Kapient provides website uptime monitoring services ("Services") that track and report on the availability of your website. These Services are designed to provide you with information regarding the uptime status of your website. These services, especially 'Fix-It' now advice, are meant to be for general guidance. YOU AGREE THAT YOU WILL NOT RELY SOLELY ON KAPIENT FOR ANY TECHNICAL MODIFICATIONS TO YOUR WEBSITE OR ANY ASPECT OF YOUR BUSINESS.
You understand and agree that our Services are provided "as-is" and "as available," without any guarantee of accuracy, availability, or timeliness. We do not warrant that the Services will be error-free, uninterrupted, or free of defects. The Company makes no warranty, express or implied, regarding the reliability, accuracy, or completeness of the Services.
Our Services are intended for informational purposes only. You acknowledge that the information provided through our Services should not be relied upon for critical systems or decision-making processes. The Company is not responsible for any damages or losses resulting from the use of or reliance on the information provided by our Services.
You agree to use our Services in compliance with all applicable laws and regulations. You must not use the Services for any unlawful or unauthorized purpose.
You agree to provide accurate and complete information when registering for our Services and to update such information as necessary to ensure its accuracy.
You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
To the fullest extent permitted by law, the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, or service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company was advised of the possibility of such damages.
The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any errors in the Services will be corrected.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms.
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We also reserve the right to modify these Terms at any time. Your continued use of the Services after such modifications will constitute your acknowledgment of the modified Terms and your agreement to abide and be bound by them.
These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in New Jersey for the purpose of litigating all such claims or disputes.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
These Terms constitute the entire agreement between you and the Company regarding the use of the Services and supersede any prior agreements between you and the Company relating to the Services.
If you have any questions about these Terms, please contact us at:
SPS Group, Inc. d/b/a Kapient
265 Hackensack Street, #1208
Wood Ridge, NJ 07075
(609) KAPIENT (609) 527-4368
Please review these Terms regularly, as they may be updated or modified without prior notice. By continuing to use the Services, you agree to be bound by the most current version of these Terms.