YOU MUST READ CAREFULLY AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS MERAKI COMMUNITY ACCEPTABLE USE AGREEMENT ("AGREEMENT") BEFORE YOU MAY ACCESS THE MERAKI COMMUNITY. BY CHECKING THE BOX STATING "I HAVE READ AND ACCEPT THE TERMS OF SERVICE" AND BY CLICKING THE "SUBMIT" BUTTON AT THE END OF THIS AGREEMENT, YOU AGREE TO THE TERMS AND CONDITIONS BELOW, AND ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, "YOU" OR "USER") TO THIS AGREEMENT WITH CISCO SYSTEMS, INC ("WE" or "CISCO"). IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, CLICK "RESET"; AND YOU MAY CONTACT YOUR CISCO REPRESENTATIVE WITH ANY QUESTIONS OR CONCERNS.
1. Background. The Meraki Community is a web site ("Site") developed by Cisco to enable social networking opportunities, support discussion forums, electronic messaging, blogs and other collaborative tools that Cisco elects to make available in its discretion (collectively, the "Services") for users of the Site. These Services allow users to create personal profiles (each, a "Profile") that can be searched and viewed by other users. Cisco may modify, enhance, restrict or terminate the Services in its discretion at any time and without notice; and following any termination, you may be unable to access any material you may have previously provided.
You are solely responsible for your content or other information you distribute, post, include, link to or otherwise upload to the Site. You agree that Cisco is only acting as a venue and that Cisco has no liability related to the content of any forum or wiki posting or any other user-created content on its Site, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. By its very nature, the information available in the Site and related forums and blogs is changed frequently, may be offensive, harmful or inaccurate and in some cases may be mislabeled or deceptively labeled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness or completeness of such information nor do we undertake to update or correct such information. Use of such information is at your own risk. No reliance should be made by you on such information, and no warranty claim may be made against Cisco based upon the information contained on the Site. We recommend that you independently confirm all information you obtain from the Site.
2. Rules and Regulations. This Agreement sets forth the legally binding terms for the Site and the Services. This Agreement covers all of your visits to the Site and any use of the Services. If you stop visiting the Site or stop using the Services, this Agreement remains in effect.
(a) Amendments and Additional Terms. Cisco may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. Cisco will exercise commercially reasonable efforts to provide notice to you of any material changes to the Agreement. Within three (3) business days of posting changes to the Agreement, they will be binding upon you. If you do not agree with the changes, you should discontinue using the Site or any Services. If you continue using the Site or Services after such three (3) business day period, you will have accepted the changes to the terms of this Agreement. In order to participate in certain Services, you may be notified that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.
(b) Posting Content. Much of the information on the Site is posted by third party users. Please choose carefully the information you post, either in a Profile or elsewhere on the Site. The following is a partial list of what you are prohibited from posting:
Be advised that other users of the Site may violate one or more of the above prohibitions; but Cisco assumes no responsibility or liability. If you become aware of misuse of the Site or Services by any person, please contact firstname.lastname@example.org. Cisco may investigate any complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or Profiles. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Cisco be liable in any way for any data or other content on the Site, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Site. If at any time you are not happy with the Site or the Services or object to any material on the Site, your sole remedy is to cease using the Site or the Services.
(c) Monitoring. Nothing in this Agreement shall require Cisco to monitor or edit the Site for objectionable or infringing materials. If at any time Cisco chooses, in its sole discretion, to monitor or edit the Site, Cisco nonetheless assumes no responsibility for anything submitted by users, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any user. Cisco does not endorse and has no control over what users post or submit to the Site. Cisco reserves the right, in its sole discretion, to reject, refuse to post or remove any Profile, posting or other data, or to restrict, suspend, or terminate any user?s access to all or any part of the Site or Services at any time, for any or no reason, with or without prior notice, and without liability. You agree that Cisco has no liability whatsoever if Cisco refuses to post your submissions or edits, restricts or removes your submissions.
(d) Laws and Reporting. You may not use the Site or Services in any manner inconsistent with applicable law or for any illegal purpose, including but not limited to conspiring to violate laws or regulations. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct (including codes imposed by your employer) regarding online behavior and acceptable content. Additionally, you agree to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Cisco reserves the right to investigate and take appropriate action against anyone who, in Cisco?s sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities. Use of the Services is void where prohibited.
3. Eligibility. The Site and the Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Cisco for any reason. Your Profile may be deleted and your access may be terminated without warning if we believe that you are underage.
4. Password(s). You are entirely responsible for maintaining the confidentiality of your password(s). You agree not to use the username or password of another user at any time or to disclose your password to any third party. You agree to notify Cisco immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your login information (username and/or password)
5. Transfers/Competitive Use. You may not trade, sell or otherwise transfer your account to any other person without Cisco's written consent. You may not use the Site or the Services to advertise, promote, endorse or market, directly or indirectly, any products, services, solutions or other technologies that, in Cisco's sole and absolute discretion, compete with the products, services, solutions or technologies of Cisco
6. Ownership and License.
(a) Cisco does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that you upload to the Site or transmit via the Services ("User Content" or "Content"). However, by uploading Content to the Site, transmitting Content using the Services, editing content on wikis or posting messages to message boards, forums, and chat rooms, or otherwise providing Content to Cisco, you grant to Cisco a worldwide, royalty-free, fully paid up, sublicensable, fully transferable, perpetual, irrevocable right and license to use, exploit, exercise, perform, display, reproduce, enhance, distribute, develop, have developed, make, have made, disclose, modify and create derivative works of, such Content, for any purpose, by any means now known or developed in the future.Cisco will treat any User Content as non-confidential and public, including any User feedback or suggestions. Please do not submit confidential or private information. You also agree that any other third party user of this Site may access, view, store or reproduce your Content for such user's personal use or otherwise in connection with use of the Site and/or Services.
(b) The Site and the Services also contain content owned by or licensed to Cisco ("Cisco Content"). Cisco owns and retains all rights in the Cisco Content and the Services, including all intellectual property rights. Cisco hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Cisco Content (excluding any software code) solely for your personal use to view the Site and otherwise as necessary to use the Services. Except as set forth above, nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Cisco or any third party. All licenses not expressly granted by Cisco are reserved.
(c) The Site and the Services may also contain Cisco-provided software, code, commands, bug-fixes, work-arounds or patches ("Cisco Software") that you can download. Cisco owns and retains all rights in the Cisco Software, including all intellectual property rights therein. Cisco hereby grants you a limited, revocable, non-sub-licensable, non-transferable license to use the Cisco Software for your internal use only. Except as set forth in this Section 6(c) , nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Cisco. All licenses not expressly granted by Cisco are reserved. THE CISCO SOFTWARE IS LICENSED TO YOU HEREUNDER ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND CISCO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, CISCO SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE CISCO SOFTWARE AND USE IS AT YOUR OWN RISK. ALL CISCO SOFTWARE IS LICENSED HEREUNDER WITHOUT TECHNICAL SUPPORT OR MAINTENANCE SERVICES.
(d) If any software, code, commands, bug-fixes, work-arounds or patches belonging to third parties are posted on the Site and made available for your use, such use is at your own risk and is made available to you on an "as is" and "as available" basis, with all faults, and Cisco expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement relating to any such third party software, code, commands, bug-fixes, work-arounds or patches.
7. Copyright. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Cisco may deny access to the Site or the Services any User who is alleged to infringe another party?s copyright. Without limiting the foregoing, if you believe that your copyright has been infringed, please provide Cisco's Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Cisco?s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134; Attn: Copyright Agent; and email: DMCAagent@cisco.com
8. User Disputes. You are solely responsible for your interactions with other users. Cisco reserves the right, but has no obligation, to monitor disputes between you and other users
9. Privacy and General Terms and Conditions. Use of the Site and Services is also subject to Cisco's Privacy Statement, Cisco's General Terms and Conditions and Khoros' Privacy Statement, located at https://www.cisco.com/c/en/us/about/legal/privacy-full.html, http://www.cisco.com/web/siteassets/legal/terms_condition.html and https://khoros.com/privacy, which are incorporated into this Agreement by this reference. Additionally, you understand and agree that Cisco may contact you via email or otherwise with information relevant to your use of the Site or Services. You also agree to have your name and/or email address listed in the header of certain communications you initiate through the Services.
10. Additional Disclaimers.
(a) Third Party Content. The Site may contain links to other websites. Cisco is not responsible for any content, messages or information on such websites. Such websites are in no way investigated, monitored or checked by Cisco. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Cisco. When you access these third party sites, you do so at your own risk. Cisco takes no responsibility for third party advertisements which may be posted on the Site or through the Services, nor does Cisco take any responsibility for the goods or services provided by any advertisers.
(b) Technical Errors. Cisco assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Content or other communication by you or any other user. Cisco is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from using the Site or the Services.
(c) TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, CISCO SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE, THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND CISCO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CISCO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. CISCO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES. USE IS AT YOUR OWN RISK.
11. Indemnity. You agree to defend, indemnify and hold Cisco, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by party arising out of or related to: (a) your use of the Services or the Site; (b) your breach of this Agreement; or (c) your Content.
12. Limitation on Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CISCO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CISCO?S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS (USD 1,000.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Disputes. If there is any dispute about or in any way involving the Site or the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions; and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Jose
14. Costs and Fees. Access to the Site and Services are provided at no charge to User; and User shall be solely responsible for any costs and expenses it incurs because of the Site or the Services. You acknowledge and agree that Cisco may later require you and other users to pay a fee to continue to use the Services or the Site
15. Trademarks. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Cisco or other third parties. You acknowledge and agree that you have no rights, title, or interest in or to the Marks and that you will not adopt, use, or attempt to register the Marks or any confusingly similar mark. Users receive no license to and are not permitted to use these Marks. Use of the Site and Services is also subject to Cisco's Trademark Policy posted at http://www.cisco.com/web/siteassets/legal/trademark.html
16. General. This Agreement constitutes the entire agreement between you and Cisco regarding the use of the Services and the Site. The failure of Cisco to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.