Last Modified: January 29, 2021
d/b/a Internetwork Engineering (“Company,”
“Our”, “We,” or
“Us”). The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively, “Terms of
Use”), govern Your access to and use of Our website, including any content,
functionality, and properties, products and services offered on or through it (the
“You” or “Your”).
incorporated herein by reference. If You do not want to agree to these Terms of
This Site is offered and available to Users who are 18 years of age or older. By using this
Site, You represent and warrant that You are 18 years of age or older. If You are not 18
years of age or older, You must not access or use the Site.
changes are effective immediately when We post them and apply to all access to and use of the
Site thereafter. However, any changes to the dispute resolution provisions set out in
Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual
notice on or before the date the change is posted on the Site.
accept and agree to the changes. You are expected to check this page from time to time so
You are aware of any changes, as they are binding on You.
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material We provide on
the Site, in Our sole discretion without notice. We will not be liable if for any reason
all or any part of the Site is unavailable at any time or for any period. From time to
time, We may restrict access to some parts of the Site, or the entire Site, to Users, including
You are responsible for both:
- Making all arrangements necessary for You to have access to the Site.
- Ensuring that all persons who access the Site through Your Internet connection are aware of
To access the Site or some of the resources it offers, You may be asked to provide certain
registration details or other information. It is a condition of Your use of the Site that
all the information You provide on the Site is correct, current, and complete. You agree
that all information You provide to register with this Site or otherwise, including, but not
If You choose, or are provided with, a username, password, or any other piece of information as
part of Our security procedures, You must treat such information as confidential, and You must
not disclose it to any other person or entity. You also acknowledge that Your account is
personal to You and agree not to provide any other person with access to this Site or portions
of it using Your username, password, or other security information. You agree to notify Us
immediately of any unauthorized access to or use of Your username or password or any other
breach of security. You also agree to ensure that You exit from Your account at the end of
each session. You should use particular caution when accessing Your account from a public
or shared computer so that others are not able to view or record Your password or other personal
We have the right to disable any username, password, or other identifier, whether chosen by You
or provided by Us, at any time if, in Our opinion, You have violated any provision of these
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by the Company, its licensors, or other providers of such
material and are protected by United States and international copyright, trademark, patent,
trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the material on this Site,
except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to Your
accessing and viewing those materials.
- You may store files that are automatically cached by Your Web browser for display
- You may print one copy of a reasonable number of pages of the Site for Your own personal,
non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately
from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of
materials from this Site.
If You wish to make any use of material on the Site other than that set out in this section,
please address Your request to firstname.lastname@example.org.
If You print, copy, modify, download, or otherwise use or provide any other person with access to
immediately and You must, at Our option, return or destroy any copies of the materials You have
made. No right, title, or interest in or to the Site or any content on the Site is
transferred to You, and all rights not expressly granted are reserved by the Company. Any
and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, product and service names,
designs, and slogans are trademarks of the Company or its affiliates or licensors. You
must not use such marks without the prior written permission of the Company. All other
names, logos, product and service names, designs, and slogans on this Site are the trademarks of
their respective owners.
Account Security and Identity Verification
User verification on the Internet is difficult and We cannot, and do not assume any
responsibility for, the confirmation of each User’s purported identity.
You agree to (i) keep Your password and username for both Your account with Us and Your email
account secure and strictly confidential, providing it only to authorized Users of Your
accounts, (ii) instruct each person to whom You give Your username and password that he or she
is not to disclose it to any unauthorized person, (iii) notify Us immediately and select a new
username and password if You believe Your password for either Your account with Us or Your email
account may have become known to an unauthorized person, and (iv) notify Us immediately if You
are contacted by anyone requesting Your username and password. Further, if We suspect any
unauthorized access to Your account, upon Our request, You agree to promptly change Your
username and password and take any other related action as We may reasonably request.
We discourage You from giving anyone access to Your username and password for Your account with
Us and Your email account. However, if You do give someone Your username and online
password, or if You fail to adequately safeguard such information, You are responsible for any
and all transactions that the person performs while using Your account with Us and/or Your email
account, even those transactions that are fraudulent or that You did not intend or want
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE COMPANY NOR ITS AFFILIATES IS OR SHALL BE
LIABLE TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S USERNAME OR
PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR USERNAME AND PASSWORD FOR YOUR ACCOUNT OR YOUR
EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE COMPANY, ITS AFFILIATES, AND/OR
Further, We may, without notice to You, suspend or cancel Your account at any time even without
receiving notice from You if We suspect, in Our sole discretion, that Your account with Us or
Your email account is being used in an unauthorized or fraudulent manner.
agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or
regulation (including, without limitation, any laws regarding the export of data or software
to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
by exposing them to inappropriate content, asking for personally identifiable information,
- To send, knowingly receive, upload, download, use, or re-use any material that does not
- To transmit, or procure the sending of, any advertising or promotional material, including
any “junk mail,” “chain letter,” “spam,” or any other
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or
any other person or entity (including, without limitation, by using email addresses or
screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of
the Site, or which, as determined by Us, may harm the Company or Users, or expose them to
- To develop competitive products or services.
Additionally, You agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or
interfere with any other party’s use of the Site, including their ability to engage in
real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for
any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Site, the server on which the Site is stored, or any server, computer, or database connected
to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
The Site may contain message boards, chat rooms, personal pages or profiles, forums, bulletin
boards, and other interactive features (collectively, “Interactive
Services”) that allow Users to post, submit, publish, display, or transmit to
other users or other persons (hereinafter, “post”) content or
materials (collectively, “User Contributions”) on or through the
below. Any User Contribution You post to the Site will be considered non-confidential and
non-proprietary. By providing any User Contribution on the Site, You grant Us and Our
affiliates and service providers, and each of their and Our respective licensees, successors,
and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise
disclose to third parties any such material according to Your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant
the license granted above to Us and Our affiliates and service providers, and each of their
and Our respective licensees, successors, and assigns.
You understand and acknowledge that You are responsible for any User Contributions You submit or
contribute, and You, not the Company, have full responsibility for such content, including its
legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User
Contributions posted by You or any other user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in Our sole
- Take any action with respect to any User Contribution that We deem necessary or appropriate
in Our sole discretion, including if We believe that such User Contribution violates the
right or other right of any person or entity, threatens the personal safety of Users or the
public, or could create liability for the Company.
- Disclose Your identity or other information about You to any third party who claims that
material posted by You violates their rights, including their intellectual property rights
or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement,
for any illegal or unauthorized use of the Site.
- Terminate or suspend Your access to all or part of the Site for any violation of these Terms
Without limiting the foregoing, We have the right to cooperate fully with any law enforcement
authorities or court order requesting or directing Us to disclose the identity or other
information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS and its and their
respective officers, directors, members, managers, shareholders, employees, contractors, agents,
licensors, suppliers, successors, and assigns FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY
THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY
EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, We do not undertake to review material before it is posted on the Site, and cannot
ensure prompt removal of objectionable material after it has been posted. Accordingly, We
assume no liability for any action or inaction regarding transmissions, communications, or
content provided by any User or third party. We have no liability or responsibility to
anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services.
User Contributions must in their entirety comply with all applicable federal, state,
local, and international laws and regulations. Without limiting the foregoing, User
Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or
other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or
contain any material that could give rise to any civil or criminal liability under
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm,
or annoy any other person.
- Impersonate any person or misrepresent Your identity or affiliation with any person or
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by Us or any other person or
entity, if this is not the case.
If You believe that any User Contributions violate Your copyright, please send an email to email@example.com. It is the policy of
the Company to terminate the User accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information
purposes. We do not warrant the accuracy, completeness, or usefulness of this information.
Any reliance You place on such information is strictly at Your own risk. We disclaim
all liability and responsibility arising from any reliance placed on such materials by You or
any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other
users, bloggers, advertisers, service providers, and third-party licensors, syndicators,
aggregators, and/or reporting services. All statements and/or opinions expressed in these
materials, and all articles and responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the opinion of the
Company. We are not responsible, or liable to You or any third party, for the content or
accuracy of any materials provided by any third parties.
Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily
complete or up to date. Any of the material on the Site may be out of date at any given
time, and We are under no obligation to update such material.
Information About You and Your Visits to the Site
All information We collect on this Site is subject to the Privacy
Policy. By using the Site, You
consent to all actions taken by Us with respect to Your information in compliance with the
Online Purchases and Sales
All purchases and sales through this Site or other transactions for the sale of products or
services formed through the Site, or resulting from visits made by You, may be processed by a
third-party payment processor or service, are subject to the provisions in the “Disclaimer
of Warranties” Section, and is also subject to any other agreement We may have with You
(e.g., Master Services Agreement, OnDemand Agreement, etc.). Subject to any other
agreement We may have with You, We reserve the right, in Our sole and absolute discretion, at
any time and from time to time to charge a fee for any and all such transactions and to modify:
(a) the amount of any such fee, (b) when any such fee is due, (c) the method by which any such
fee is payable, (d) the third party payment processor or service, or (e) any other matter
related to any and all such transactions.
Linking to the Site
You may link to this Site, provided You do so in a way that is fair and legal and does not damage
Our reputation or take advantage of it, but You must not establish a link in such a way as to
suggest any form of association, approval, or endorsement on Our part without Our express
Subject to the foregoing, You must not:
- Establish a link from any website that is not owned by You.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other
website or application, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent
The website from which You are linking, or on which You make certain content accessible, must
You agree to cooperate with Us in causing any unauthorized framing or linking immediately to
stop. We reserve the right to withdraw linking permission without notice.
Links from the Site
If the Site contains links to sites and resources provided by third parties, these links are
provided for Your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over the contents
of those sites or resources and accept no responsibility for them or for any loss or damage that
may arise from Your use of them. If You decide to access any of the third-party websites
linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions
of use for such websites.
The owner of the Site is based in the State of North Carolina in the United States. We
provide this Site for use only by persons located in the United States. We make no claims
that the Site or any of its content is accessible or appropriate outside of the United States.
Access to the Site may not be legal by certain persons or in certain countries. If
You access the Site from outside the United States, You do so on Your own initiative and are
responsible for compliance with local laws.
The Site or its underlying technology may not be downloaded to or exported or re-exported: (a)
into (or to a resident or national of) any country subject to United States embargo; (b) to
anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or
on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any
prohibited country, person, end user, or entity specified by U.S. export laws. When using
the Site, You are responsible for complying with trade regulations and both foreign and domestic
laws (e.g., You are not located in a country that is subject to a U.S. government embargo, or
that has been designated by the U.S. governing as a “terrorist supporting” county,
and You are not listed on any U.S. government list of restricted parties).
Disclaimer of Warranties
You understand that We cannot and do not guarantee or warrant that files available for
downloading from the Internet or the Site will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy Your
particular requirements for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to this Site for any reconstruction of any lost data. TO THE
FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT), AND SUBJECT
TO ANY OTHER AGREEMENT BETWEEN YOU AND US, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, AND ANY
PRODUCTS AND/OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED OR DISPOSED OF THROUGH THE SITE
IS AT YOUR OWN RISK. THE SITE, ITS CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY
CONTENT), AND SUBJECT TO ANY OTHER AGREEMENT BETWEEN YOU AND US, ALL PURCHASES, SALES AND OTHER
TRANSACTIONS, AND ANY PRODUCTS AND/OR SERVICES PURCHASED, SOLD, OR OTHERWISE OBTAINED OR
DISPOSED OF THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY
NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE
ASSOCIATED OR AFFILIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT
(INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT), AND SUBJECT TO ANY OTHER AGREEMENT BETWEEN
YOU AND US, ALL PURCHASES, SALES, AND OTHER TRANSACTIONS, OR ANY PRODUCTS OR SERVICES PURCHASED,
SOLD, OR OTHERWISE OBTAINED OR DISPOSED OF THROUGH THE SITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, ITS
CONTENT (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT), AND SUBJECT TO ANY OTHER AGREEMENT
BETWEEN YOU AND US, ANY PURCHASE, SALE, OR OTHER TRANSACTION, OR ANY PRODUCTS OR SERVICES
PURCHASED, SOLD, OR OTHERWISE OBTAINED OR DISPOSED OF THROUGH THE SITE WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTIONS TO THE
COMPANY AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY
IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND THE COMPANY OTHER THAN PURSUANT TO
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD THE COMPANY, ITS AFFILIATES, OR
ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT
LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A
PARTY TO ANY OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO
NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR
OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR
DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK
AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH WEBSITES, INCLUDING
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
The limitation of liability set out above does not apply to liability resulting from Our gross
negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
Release and Indemnification
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT
LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTIONS) OR ANY
THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE
INTERACT WITH THE SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY,
ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND
ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, LOSSES, COSTS,
AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO SUCH
DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You hereby agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors,
and service providers, and its and their respective officers, directors, members, managers,
shareholders, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 User Contributions], any use of the Site’s content, services, and products other
without limitation, personal information, personal data, and protected health information, as
all defined by applicable law) obtained from or provided to the Site or product or service
provided through the Site, and Your violation of applicable law (including without limitation,
any applicable data privacy laws). You hereby agree to cooperate as fully as reasonably
required in defense of any claim.
The Company reserves the right, at its expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by You and You shall not in any event settle any
matter without the Company’s written consent.
Governing Law and Jurisdiction
therefrom or related thereto (in each case, including non-contractual disputes or claims), shall
be governed by and construed in accordance with the internal laws of the North Carolina without
giving effect to any choice or conflict of law provision or rule (whether of the State of North
Carolina or any other jurisdiction).
Site shall be instituted solely and exclusively in the federal or state courts having
jurisdiction in Mecklenburg County, North Carolina, although We retain the right to bring any
residence or any other relevant country. You waive any and all objections to the exercise
of jurisdiction over You by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from these
interpretation, violation, invalidity, non-performance, or termination, to final and binding
arbitration under the Rules of Arbitration of the American Arbitration Association applying
North Carolina law.
Limitation on Time to File Claims
SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH
CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Company to assert a right or provision under these Terms of
Use shall not constitute a waiver of such right or provision.
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.
Internetwork Services Incorporated regarding the Site and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties, both written and
oral, regarding the Site.
Your Comments and Concerns
This Site is operated by Internetwork Services Incorporated.
All notices of copyright infringement claims should be sent to firstname.lastname@example.org.
All feedback, comments, requests for technical support, and other communications relating to the
Site should be directed to email@example.com.