Please read these NETGEAR Service Terms and Conditions (“ Terms and Conditions”)
carefully. Your use of the Services
(as defined below) indicates that You have read, accepted and agreed to
these Terms and Conditions and constitutes Your consent to this Agreement.
These Terms and Conditions are between you (“You” or “ User”)
and NETGEAR, Inc. concerning your use of (including
any access to) services provided by NETGEAR, Inc., its subsidiaries and
affiliates (collectively, “NETGEAR”) in connection with
NETGEAR devices, and the software (including software included in Your
device at the time of purchase), firmware, documentation, and other
information and materials provided on or in connection with such Services
(individually and collectively, the “Services”). If Your
device accesses the NETGEAR websites (regardless of Your payment or
subscription status) You acknowledge and agree that You are a user of the
Services and are bound by the provisions of these Terms and Conditions.
These Terms and Conditions hereby incorporate by this reference the NETGEAR
Privacy Policy [
http://www.NETGEAR.com/about/
privacy-policy/
] referred to herein, Ad & Cookie Policy
[https://www.netgear.com/about/ad-cookie-policy/] and any additional terms
and conditions posted by Company through the Services, or otherwise made
available to You by Company, including any Special Terms.
Your consent to these Terms and Conditions are required in order to use
Your NETGEAR device. If you do not accept these Terms and Conditions, you
must not attempt to access or use any such NETGEAR device.
1. Acceptance of the Terms and Conditions
1.1 These Terms and Conditions may be accepted by clicking the “I accept”
button if such button or function is available or present via the user
interface for the respective Service. You also accept the Terms and
Conditions when You access or start to use the Services or otherwise
attempt to access the systems of NETGEAR with the NETGEAR devices.
1.2 By using the Services, You affirm that You are of legal age to enter
into these Terms and Conditions. You may not use the Services if You are a:
(a) person who is not of legal age or otherwise not entitled to form a
binding contract with NETGEAR, or (b) person who is barred from receiving
the Services under the laws of any country including the country in which
You are a resident or from which You are using the Services.
1.3 If You are an individual accessing or using the Services on behalf of,
or for the benefit of, any corporation, partnership or other entity with
which You are associated (an “Organization”), then You are
agreeing to these Terms and Conditions on behalf of Yourself and such
Organization, and You represent and warrant that You have the legal
authority to bind such Organization to these Terms and Conditions.
References to “You” and “Your” in these Terms and Conditions will refer to
both the individual using the Services and to any such Organization.
1.4 You may use the Services to locate, browse and download applications,
data files, APIs, document, software, and other content or materials, some
of which may be offered by NETGEAR and some of which may be made available
by third parties that are not affiliated with NETGEAR (collectively, “ Third
Party Product”). You acknowledge and agree that
additional policies, terms, conditions and licenses (“ Special Terms”)
may govern Your use of a particular
Service or Third Party Product, in which case such Special Terms will
supplement these Terms and Conditions with respect to Your use of such
Service or Third Party Product. You agree to abide by such other Special
Terms, including where applicable representing that You are of sufficient
legal age to use such Service or Third Party Product. In the event of a
conflict or inconsistency between these Terms and Conditions and any such
Special Terms, the Special Terms will prevail with respect to Your use of
that part or feature of the particular Service or Third Party Product
giving rise to the conflict or inconsistency.
2. Changes to the Terms and Conditions
2.1 NETGEAR may at its discretion modify, update, add to, discontinue,
remove or otherwise change these Terms and Conditions at any time. Each
such modification will take immediate effect upon notification to You. In
accordance with applicable law, NETGEAR may provide You with notices,
including those regarding changes to these Terms and Conditions, by email,
regular mail, text message, postings or updates to the NETGEAR websites or
other reasonable means now known or hereinafter developed.
2.2 In addition, any changes made to the provisions of these Terms and
Conditions will be updated on the NETGEAR website. When NETGEAR amends
these Terms and Conditions, we will revise the “last updated” date located
at the top of these Terms and Conditions. We will place a notice shown when
You enter the Service, by revising the link on the homepage to read
substantially as “Updated Terms and Conditions” for a reasonable amount of
time. Your continued use of the Service following any such notifications
constitutes Your acceptance of such modifications and Your agreement to be
bound by these Terms and Conditions. If You do not agree to any
modification of these Terms and Conditions, Your sole remedy is to
discontinue Your use of the Services and/or cancel Your use of the Services
in accordance with Section 3.1 of these Terms and Conditions. The
most current version of these Terms and Conditions will be available on the
Website and supersedes previous versions.
3. Termination
3.1 Termination of Your Account by You
. You may request termination of Your account and use of the Services at
any time by communicating such request to NETGEAR as noted in the
documentation for the Services. . Upon termination of Your account, certain
information may not immediately be deleted from NETGEAR’s or its agents’
systems, including without limitation log entries, diagnostics, analytics
coming from devices tied to the User; transaction details of the account;
or information subject to search warrant, subpoenas, or other legal
process.
3.2 Termination of Your Account by NETGEAR.
(a) NETGEAR may terminate Your account and these Terms for any reason if
NETGEAR gives You at least thirty (30) days advance notice of such
termination.
(b) Without limiting the generality of the foregoing, NETGEAR retains the
absolute right to immediately disable and/or terminate Your Service at any
time (without observing any notice period) if:
(i) You are in breach of any provision of these Terms and Conditions;
(ii) Your subscription charges are refused for any reason;
(iii) You misuse the Services;
(iv) You alter Your system or use the Services or software in such a manner
as to infringe upon the intellectual property rights of NETGEAR or any
third party;
(v) Any supplier or partner of NETGEAR providing the Services to or
together with NETGEAR decide to terminate the provision of the Services or
any parts thereof (either worldwide or in the country where You are a
resident or from where You are Using the Services) or if any supplier or
partner of NETGEAR decides to terminate the entire relationship with
NETGEAR and regardless of the reason of such termination, including where
any supplier or partner of NETGEAR are of the opinion that the provision of
the Services or parts thereof to You or to NETGEAR or together with NETGEAR
are no longer commercially feasible;
(vi) NETGEAR or any supplier or partner of NETGEAR providing the Services
to or together with NETGEAR are required by applicable law to terminate the
provision of the Services or parts thereof (for example if due to changes
in applicable law or due to court rulings or judgments the Services or
parts thereof become or are considered unlawful); or
(vii) Required by law.
(c) Upon any such termination of Your account by NETGEAR, You will remain
obligated to pay all outstanding fees and charges relating to Your use of
the Services before the effective date of such termination, and NETGEAR
will give You a pro-rated refund of any of Your paid for, but unused,
Services fees that will remain unused because of NETGEAR’s termination.
Termination of the Services may result in the forfeiture and destruction of
all information associated with Your membership, including “ Content”
(i.e., all content that is made
available in the Services or accessible as part of or by the use of the
Services (including audio and sound files, data files, images, music,
photographs, software, videos and written text)).
3.3 Back-Ups. You are entirely responsible for backing up Your “ User
Content” (i.e., any information, materials,
documents, media files or other content You upload, transmit, create, post,
display or otherwise provide on or through the Services) stored with
NETGEAR or through the Services to another location outside the Services ( e.g.,
by means of creating local copies or backups with
specialized online backup Services) to avoid loss of Your User Content and
other data. If NETGEAR disables access to Your Service, You may be
prevented from accessing the Services, Your related account details or any
files, User Content or products that are stored with the Services. NETGEAR
may in its sole discretion, however, allow You to backup Your User Content
stored with NETGEAR through the use of the Services. You understand that
NETGEAR may delete Your User Content after a reasonable backup period has
lapsed (“Backup Grace Period”). Different Backup Grace
Periods may apply depending on the specific Service and the efforts
required to backup the particular User Content.
3.4 Survival. The following sections will survive any termination or
expiration of these Terms and Conditions: Sections 4.2, 9, 10, 11, 12.4,
12.5, 15, 15, 17, 18, 1, 24.2(b), and 26.
4. Provision of the Services and limitations oN usage
4.1 Services; License. The Services are provided to You by NETGEAR
for Your personal, non-commercial use only and may not be resold, in whole
or in part. Except as expressly provided in these Terms and Conditions, You
may not transfer the Services or the right to receive them. Subject to Your
compliance with these Terms and Conditions, NETGEAR grants You a personal,
non-exclusive, non-transferable, limited license to enter and use software
provided to you in connection with the Services for so long as the Service
is offered for use with the device (subject to termination as set forth in
this Section 3).
4.2 Limitations on Use.
Unless otherwise specified in these Terms and Conditions or any applicable
Special Terms, in connection with Your use of the Services, You will:
(a) Not reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purpose any of the Services or parts thereof, use of the
Services or access to the Services;
(b) Not remove any proprietary notice language corresponding to the
Services;
(c) Make no modifications to any such Services, except where such rights
cannot be excluded under applicable law;
(d) Not attempt to gain unauthorized access to any portion or feature of
the Services, or any other systems or networks connected to the Services or
to any NETGEAR server, or to any of the Services offered on or through the
Services, by hacking or any other illegitimate means;
(e) Not to use the Services to: (i) upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another’s privacy or harms minors in any way; (ii)
impersonate any person or entity; (iii) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Services; (iv) upload, post, email, transmit or
otherwise make available any Content that You do not have a right to make
available under any law or under any contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements); (v) upload, post, email, transmit or otherwise
make available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party; (vi) upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, “junk mail, “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation, except in
those areas (such as shopping) that are designated for such purpose; (vii)
interfere with or disrupt the Services or servers, networks or other
equipment connected to the Services (including without limitation
denial-of-Service attacks) or disobey any requirements, procedures,
policies or regulations of networks connected to the Services; (viii)
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ and
any regulations having the force of law; and (ix) “stalk” or otherwise
harass another person;
(f) Comply with and follow instructions made available to You by NETGEAR in
connection with the Services;
(g) At all times observe these Terms and Conditions and any applicable law
or regulation in the relevant jurisdictions including the jurisdiction
where You are a resident or from where You are using the Services.
4.3 Changes to Services. To the extent possible under the governing
law, NETGEAR may at any time and in its sole discretion:
(a) change, add, or remove features and functionality of the Services or
suspend and/or cease providing the Services or any part of the Services. If
You are dissatisfied with any material changes to the Services during a
subscription, You may immediately terminate Your use of the Services and be
entitled to a pro-rated refund of any of Your paid for, but unused,
subscription. NETGEAR is under no obligation to provide any or all features
and functionality to Your Services and may, at its discretion, discontinue
the provision of Software Updates to certain Services;
(b) disable or suspend Your use of the Services including access to Your
account(s) and any files or other content contained in Your account(s)
either temporarily or permanently (in accordance with Section 3);
(c) set a limit on the number of transmissions You may send or receive
through the Services or on the amount of storage space used for the
provision of the Services or any part of the Services to You; and
(d) pre-screen, review, flag, filter, modify, refuse, reject, block access
to or remove any or all Content from the Services.
4.4 Access to Services. You are not permitted to use any of the
Services (including any attempts to do so) other than through the interface
made available to You by NETGEAR and You will not use the Services
(including any attempts to do so) through any automated tools (including
software and/or hardware), functions, Services or otherwise (including
scripts or web crawlers).
You may access and use the Services only with a system that is authorized
to communicate with the NETGEAR websites. You agree not to tamper with or
otherwise modify the Services.
5. Consent to Electronic Communications.
5.1 By using the Services, Software, and the devices, You consent to
receiving certain electronic communications from us regarding the devices,
Software, and Services, including but not limited to (a) notices about your
use of the Products, Software, and Services including any notices
concerning violations of use, (b) Updates, and (c) where you agree in
accordance with applicable law, promotional information and materials
regarding NETGEAR’s products, Software, and Services, via electronic mail.
5.2 For further information on how we use your personal information and how
to change your preferences, and to unsubscribe from promotional materials
please see our Privacy Policy.
5.3 You agree that any notices, agreements, disclosures, or other
communications that we send to You electronically will satisfy any legal
communication requirements.
6. Advertisements
6.1 In accordance with applicable law, NETGEAR may, as part of the
Services, place or display to You advertisements, promotion materials or
other content and materials or products for promotional purposes as set out
in the Privacy Policy.
6.2 In accordance with applicable law, NETGEAR will send You marketing
emails or newsletters and will try to contact You directly by phone for
marketing purposes only in accordance with applicable laws and its Privacy
Policy, for example, when You registered for the Services.
7. Software, software Updates, and Updates to the Services
7.1 Software Updates. Services originating from NETGEAR may
communicate with NETGEAR servers from time to time to check for available
updates, such as bug fixes, patches, enhanced functions, missing plug-ins
and new versions (collectively, “Software Updates”). Such
Software Updates may be in various forms and are generally provided for the
purposes of improving the performance, security and reliability of the
Services or the applicable Third Party Product or the device used to access
the Services.
7.2 Mandatory Updates. By using the Services, You agree to receive
all software updates and upgrades that NETGEAR sends to the software
included in the Services. You specifically agree Your NETGEAR device may:
(i) communicate with NETGEAR servers from time to time to automatically
check for available updates, such as bug fixes, critical system updates,
patches, enhanced functions, upgrades, missing plug-ins and new versions
and (ii) install the Software Updates. If You disable the automatic upgrade
feature of the Services then certain functionality of the Services may be
adversely impacted. Even if You disable the automatic upgrade feature of
Your Services, NETGEAR may still implement updates for certain applications
running on ETGEAR’s back-end services.
8. Content provided in the Services and Content Rights
8.1 Content is entirely the responsibility of the originator of such
Content. The Content may include, without limitation, advertisements,
promotional material, sponsored elements or other material.
8.2 The Content may be protected by proprietary or intellectual property
rights of third parties (such as partners, advertisers and sponsors or
their agents who provide such Content to NETGEAR). You are not permitted to
modify, rent, lease, loan, sell, distribute or create derivative works
based on any Content (either in whole or in part) or to grant licenses in
the Content.
9. User Content and User Content License
9.1 By uploading, transmitting, creating, posting, displaying or otherwise
providing any User Content, You hereby grant NETGEAR a worldwide,
royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable and
transferable license to (a) use, distribute, reproduce, modify, adapt, make
derivative works of, publicly perform and publicly display such User
Content on the Services to the full extent necessary to provide the
Services, and (b) maintain a copy of the User Content (including all
related intellectual property rights) for archival and legal purposes (“ User
Content License”).
9.2 The User Content License will include a right for NETGEAR to (a)
perform steps necessary to process and prepare the User Content for use in
the Services, including any modification and/or adaption required to
provide the Services to Users and/or to transmit or distribute the User
Content over public networks and in media, and (b) make available and
sublicense the User Content to third parties for the use of the User
Content in connection with the provision of the respective Services by
these third parties. You also hereby do and shall grant each user of the
Services a non-exclusive license to access and use Your User Content
through the Services, as solely permitted through the functionality of the
Services and directed by You and under these Terms and Conditions.
9.3 NETGEAR does not claim ownership of the User Content You submit or make
available for inclusion on the Services and You will retain any copyright
and any other rights to any User Content provided by You on or through the
Services. For clarity, the foregoing User Content License grants to NETGEAR
do not affect Your ownership of or right to grant additional licenses to
the material in Your User Content, unless otherwise agreed in writing.
9.4 Any protection and enforcement of any intellectual property rights
which exist or pertain to the User Content are entirely Your responsibility
and NETGEAR is not obliged to protect and enforce the User Content on Your
behalf.
9.5 If You send or post certain specific submissions at our request ( e.g.,
via message boards or in connection with contests) or if You
send us suggestions, ideas, notes, photographs, drawings, concepts,
comments, improvements, recommendations, other feedback relating to
improving the devices or Services, or any other information (each, a “Submission”
and collectively, the “ Submissions”), the Submission will be treated
as
non-confidential in each instance. “Submissions” are separate and apart
from User Content. None of the Submissions will be subject to any
obligation of confidence on the part of NETGEAR, and NETGEAR will not be
liable for any use or disclosure of any Submissions. Any Submission may be
used by NETGEAR without restriction for any purpose whatsoever, including,
without limitation, reproduction, disclosure, transmission, publication,
broadcast or posting, and You hereby irrevocably waive, release and give up
any claim that any use of such Submission violates any of Your rights,
including, without limitation, copyrights, trademarks, moral rights,
privacy rights, proprietary or other property rights, publicity rights, or
right to credit for the material or ideas. NETGEAR will have and is
irrevocably granted the right, but not the obligation, to use and otherwise
exploit the Submission in any manner for any purpose, including but not
limited to reproduce, modify, adapt, publish, broadcast, license, perform,
post, sell, translate, incorporate, create derivative works from, or
distribute the Submission in any and all media, now known or hereafter
devised, throughout the universe, in perpetuity, without according You any
compensation or credit. By submitting a Submission to any NETGEAR Service
or NETGEAR, You represent that such Submission is original with You and
does not violate or infringe upon the rights of any third parties,
including, without limitation, any intellectual property rights and rights
of publicity and/or privacy. Submissions will not be acknowledged or
returned. You agree and understand that NETGEAR is not obligated to use any
Submission You make to any NETGEAR Service or NETGEAR and You have no right
to compel such use. You hereby acknowledge and agree that Your relationship
with NETGEAR is not a confidential, fiduciary, or other special
relationship, and that Your decision to submit any material to NETGEAR does
not place NETGEAR in a position that is any different from the position
held by members of the general public with regard to Your Submission. You
understand and acknowledge that NETGEAR has wide access to ideas, stories,
designs, and other literary materials, and that new ideas are constantly
being submitted to it or being developed by NETGEAR’s own employees. Many
ideas or stories may be competitive with, similar or identical to Your
Submission in theme, idea, plot, format or other respects. You acknowledge
and agree that You will not be entitled to any compensation as a result of
NETGEAR’s use of any such similar or identical material. Finally, You
acknowledge that, with respect to any claim You may have relating to or
arising out of a NETGEAR ‘s actual or alleged exploitation or use of any
material You submit to any NETGEAR Service and/or NETGEAR, the damage, if
any, thereby caused will not be irreparable or otherwise sufficient to
entitle You to injunctive or other equitable relief or to in any way enjoin
the production, distribution, exhibition or other exploitation of any
production based on or allegedly based on the material, and Your rights and
remedies in any such event will be strictly limited to the right to recover
damages, if any, in an action at law.
9.6 NETGEAR may from time to time request that Users voluntarily donate
their User Content for NETGEAR’s research and product development efforts
(“Donated User Content”). If You choose to donate Your User Content then
NETGEAR will make it clear that you are voluntarily doing so. For such
Donated User Content, You grant NETGEAR a worldwide, royalty-free,
nonexclusive, perpetual, irrevocable, sublicenseable and transferable
license to (a) view, use, distribute, reproduce, modify, adapt, make
derivative works of, publicly perform and publicly display the Donated User
Content (including all related intellectual property rights) to the full
extent necessary to provide, improve, and modify NETGEAR products and
services, and (b) maintain a copy of the Donated User Content for research,
product improvement, product development, archival and legal purposes. You
further agree that NETGEAR will have the right to alter, modify or combine
the Donated User Content with other works, and hereby waive any claim to
ownership of any derivative works of Donated User Content or that any
derivative works of the Donated User Content constitutes a violation of any
"moral rights" or a distortion, mutilation or disparagement or contains
unauthorized variations of Donated User Content. You further represent,
warrant and covenant that: (a) You are the sole owner, assignee and holder
of record title to the Donated User Content AND (ii) you have full power
and authority to make the present license to the Donated User Content.
10. NETGEAR Services License
10.1 Ownership.
(a) As between You and NETGEAR, NETGEAR owns all right, title and interest
in and to the Services, including without limitation all applicable
intellectual property rights or other proprietary rights in such Services
and in the associated devices, regardless of whether registered/legally
secured or not. Except for the rights expressly granted to You in these
Terms and Conditions and any Special Terms, NETGEAR retains all rights in
or pertaining to the Services.
(b) You may need to use certain software programs in Your device to use or
have full access to certain features of the Services. You are required to
accept and use the software included in the device at the time of purchase
and other software programs that may be delivered to Your device by NETGEAR
from time to time. NETGEAR and its licensors own all right, title, and
interest to such software and intellectual property rights in such
software. NETGEAR also retains ownership of all NETGEAR copyrights and
trademarks (including the NETGEAR Brands). In the case of third party
software delivered by NETGEAR to the Services, the applicable third party
retains title to and ownership of its software, copyrights and trademarks.
10.2 License Restrictions. Without limiting Section 4,
You are not permitted to:
(a) grant any other user or third party a license to use the Services or
otherwise to access Your account or the Services;
(b) use the Services to provide Services to other users or any other third
parties;
(c) otherwise assign, grant a sublicense in, or grant a security interest
in or over Your account and/or the Services or any rights under it, loan or
lease the Your account and/or the Services, or otherwise transfer the Your
account and/or the Services or any rights under it to any third party; or
(d) copy, edit, modify, alter or create a derivative work of, reverse
engineer, disassemble, decompile, create derivative works of, or otherwise
attempt to extract the source code of Services (or any part of it), unless
expressly permitted by NETGEAR in writing, or to the extent permitted under
the laws applicable to You, and You will not permit or grant a license to
any third party to do so.
10.3 Open Source Software. Certain components of the software for
the Services are subject to the GNU General Public License (“GPL”) or
other so-called open source licenses (“ Open Source Software”). Open
Source Software may not be
subject to the restrictions in Section 10 of these Terms and
Conditions. You are free to use, modify and distribute Open Source Software
that is subject to the GPL or other free or open source software licensing
model in the Software’s Documentation. so long as You comply with the terms
of the GPL (available at
www.gnu.org/copyleft/gpl.html
) or such other free or open source software licensing terms. For
clarification, these Terms and Conditions do not limit Your rights under,
or grant You rights that supersede, the license terms of any applicable
Open Source Software.
11. Trademarks
11.1 You are not entitled to use any of NETGEAR’s trade names, trademarks,
Service marks, logos, domain names, or other distinctive brand features (“ NETGEAR
Brands”) without NETGEAR’s prior written consent.
To the extent that You are entitled to use the NETGEAR Brands under a
separate written agreement with NETGEAR, such use is only permitted in
accordance with such separate agreement.
11.2 You are not permitted to remove, obscure, conceal, modify or otherwise
alter any proprietary rights notices, signs, trademarks, Service marks,
trade names, logos or other marks of NETGEAR or any third party (including
copyright and trade mark notices) which pertain to, are affixed to or which
are contained within the Services and You agree not to use any such signs,
trademarks, Service marks, trade names, logos or other marks of NETGEAR or
any third party in a way that is intended to, likely to or foreseeable to
mislead others or cause confusion about the owner, license holder or
authorized user, as the case may be, of such marks, names or logos.
12. Registration and Account Data
12.1 Registration. Certain Services or functionality offered on or
through the Services may require You to register and open an account
(including setting up a User ID and password, and the Registration Data (as
described below) (collectively, “Account Data”)). To
register, You may be asked to provide the following types of information
without limitation (i) Your name, (ii) a system identification number
(provided, for example, with certain NETGEAR hardware), if applicable, and
(iii) an e-mail address (collectively “Registration Data
”). You agree to provide and maintain accurate, complete and up-to-date
Registration Data. NETGEAR may terminate Your account if You provide
NETGEAR with inaccurate or incomplete information. You agree that NETGEAR
may store and use the Account Data You provide for use in maintaining and
billing fees to Your account.
12.2 SingleSignOn.
(a) NETGEAR may implement an integrated registration solution through a
single sign on process (“SingleSignOn”). SingleSignOn
means that once You open an account with NETGEAR You may use Your User
account and User ID for other Services of NETGEAR which eliminates the need
to maintain separate User accounts and User ID’s for each individual
Service. SingleSignOn may also allow You to sign in and sign off from
Services and through different devices at once.
(b) The SingleSignOn may offer You the possibility to connect Your Services
with Your account from third party social media sites, such as Facebook,
Twitter, and Google+ with the SingleSignOn through an application
programming interface (API) or other software. By allowing the SingleSignOn
to connect with Your accounts on such third party sites, You consent to our
accessing the information in those accounts, which information may include
personally identifiable information. Additionally, You understand that by
accessing the SingleSignOn via Your social media or other third party
account, activity You engage in through the SingleSignOn may be published
on the third party site. It is Your choice whether to use any such third
party sites. We recommend You review the privacy policies of each third
party site before You allow the SingleSignOn to connect with Your accounts
on such third party sites or share pages or information with Your friends
through those sites.
(c) You agree that You do not own Your SingleSignOn username. NETGEAR may
reclaim or use Your SingleSignOn username.
12.3 Protection of Account Data.
(a) You are entirely responsible for maintaining the confidentiality of
Your Account Data, and for the activity that occurs under Your account. You
agree to promptly notify NETGEAR about any unauthorized use of Your account
or Account Data. You will notify NETGEAR immediately upon becoming aware of
any unauthorized use of any of Your Account Data or any other breach of
security.
(b) You will keep Your Account Data safe and secure and prevent
unauthorized access to Your Account Data and Your account by third parties,
in particular by: (i) avoiding obvious User IDs or passwords, (ii) by
changing Your password regularly, (iii) by ensuring that You do not
disclose Your password(s) or grant any other user or third party access to
Your Account Data or Services, and (iv) by ensuring that You exit from Your
account at the end of each session.
(c) NETGEAR may regard any instructions to be from You if they are received
from or issued by a user or third party using or providing Your Account
Data.
(d) You agree not to use any Account Data or Services of any other user or
person than Yourself without permission of the user or person holding the
respective Service.
(e) You can access and change Your Account Data at any time by accessing
the respective NETGEAR Service.
12.4 Data Analytics.
You agree that NETGEAR may collect and use technical data and related
information, including but not limited to technical information about Your
mobile device, NETGEAR product, Third Party Product, and Service, such as
such as log entries, diagnostics, bandwidth usage, WiFi usage, performance
information, and various other analytics coming from devices tied to You or
the User. This data and related information is gathered to facilitate the
provision of Services and NETGEAR product support. NETGEAR may use this
information to improve the Services and its products or to provide
additional Services or technologies to You, but will not disclose Your
Account Data to third parties for their independent marketing or
promotional purposes unless You give consent. Without your consent, NETGEAR
does not use the collected technical data and related information to market
products or services to you or to track or collect the websites you visit
or collect the content of any traffic on your network. You have the right
to update Your Account Data at any time. Such changes can be made by
logging into Your account. Certain features of the Services may not be
available if You restrict the collection, storage, or use of Your Account
Data.
12.5 Data Connections.
Some Services may require the use of a broadband Internet connection or a
mobile data connection. You are responsible for any Service charges for
Your internet connection or data plan incurred as a result of using or
accessing the Services. You should be aware that Your network provider may
charge You for access to its network, the duration of Your mobile phone’s/
mobile device’s connection to the network and the data volume used to use
the Services or products. You are entirely responsible to check with Your
network provider whether any such costs may apply before using the Services
or products in this respect. You acknowledge and agree that You will be
solely responsible for all disputes with any Internet Service or cell phone
provider relating to same. In particular, streaming and viewing recorded
videos and the use of the NETGEAR mobile software applications may incur
extra and substantial charges on devices that use a data plan. NETGEAR is
not responsible for and does not make any assurances about the
availability, functionality, or cost of any broadband internet connection
or other data plan.
13. Payments
13.1 Payment Processing Methods. NETGEAR may make available to You
various payment processing methods to facilitate the purchase of products
through the Services. You will be informed of such payment processing
methods, at the latest, at the start of the ordering process. You agree to
abide by any relevant Terms of Service or other legal agreement, whether
with NETGEAR or a third party, that governs Your use of a given payment
processing method. You agree that NETGEAR may add or remove payment
processing methods at its sole discretion and without notice to You.
13.2 Payment. You agree that You will pay for products You purchase
through the Services, and that NETGEAR may charge Your credit card or other
payment processing account (as chosen by You) for any purchases through the
Services. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR
PROVIDING NETGEAR WITH A VALID CREDIT CARD OR OTHER PAYMENT PROCESSING
ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. Fees will be billed to the credit
card or payment processing account You designate during the registration
process. If You want to designate a different payment processing account or
if there is a change in Your credit card other payment processing account
status, You must change Your information online, which may temporarily
disrupt Your access to the Services while NETGEAR verifies Your new payment
information.
13.3 Subscriptions.
(a) Some Services require an ongoing subscription. You agree to pay Your
subscription fee in advance. Your subscription period is stated in Your
subscription plan. Your subscription fee will cover the Services covered in
Your subscription plan. You may have a choice of subscription payment
options and may change Your selected payment option by notifying NETGEAR in
accordance with the subscription plan. If for any reason You need to
reactivate a terminated subscription You may be charged a reactivation fee.
If You register for the Services under a promotional subscription fee, some
additional restrictions may apply. Whatever Your subscription payment
option, Your subscription fee does not include any Services, features or
functionality other than the Services as defined in the plan You choose.
NETGEAR may offer multiple subscription plans with varying levels and
Services.
(b) To sign up for a subscription option with recurring payments, You must
complete the required registration details online, select Your method of
payment, check the box to “Automatically Renew my Service Plan,” and click
“Continue.” You will receive an e-mail confirmation of Your auto renewal
once You complete the initial payment process. If You choose a subscription
option with recurring payments (i.e. the monthly and annual subscriptions)
You agree that NETGEAR may automatically charge the subscription fee to the
credit or charge card provided and associated with Your account at the
beginning of each period at the frequency You have selected unless and
until You cancel the subscription option by unchecking the auto-renewal
option in Your account settings or canceling Your Services. You must cancel
prior to the subscription fee being charged to the credit or charge card.
If You signed up at a promotional rate any renewals past the promotional
period will be charged at the then effective subscription fee. Access to
Your Services will not be established until NETGEAR or its agent has
verified that the credit card information is valid, accurate and that Your
credit card account is in good standing. You will receive an e-mail
reminder of Your auto renewal prior to any applicable renewal. You will
also receive a reminder email a day before Your date of renewal reminding
You that Your subscription option will be renewed for an additional period.
13.4 Fee Adjustments.
(a) Prices for products offered via the Services may change at any time,
and the Services do not provide price protection or refunds in the event of
a price reduction or promotional offering.
(b) To the extent possible under the governing law, NETGEAR may change the
Services fees or charge additional fees for features and functionalities
that are not a part of the Services. Such fee changes and additional
charges will generally not take place until the renewal date for Your
subscription, and if You are dissatisfied with the fee changes or
additional charges, You may terminate Your use of the Services because of
the implementation of such fee changes or additional charges and be
entitled to a pro-rated refund of any of Your paid for, but unused, fees
for using the Services. NETGEAR will notify You by an email to the email
address on record for Your account in advance of any fee changes or new
fees.
13.5 Late Payments. NETGEAR may suspend or terminate Your Services
without notice upon rejection of any credit card charges or if Your card
issuer (or its agent or affiliate) seeks the return of payments previously
made to NETGEAR for Services. You agree NETGEAR may charge interest on all
amounts due that remain unpaid for thirty (30) days or more. The monthly
interest will equal up to one point five percent (1.5%) of the past due
amount or the highest rate allowed by law, whichever is less, until the
past due amount and interest is paid. Such rights are in addition to and
not in lieu of any other legal rights or remedies available to NETGEAR.
NETGEAR may refer Your account to a third party for collection in the event
of ongoing default.
13.6 Availability of Third Party Products. If a Third Party Product
becomes unavailable following a transaction but prior to download, Your
sole and exclusive remedy is a refund. If technical problems prevent or
unreasonably delay delivery of Your product, Your sole and exclusive remedy
is either replacement or refund of the price paid, as determined by
NETGEAR. Your right to claim damages in accordance with Section 1 as
well as Your right to terminate Your Account remain unaffected.
14. NETGEAR Product-Specific Terms
14.1 NETGEAR offers a number of products and Services. In addition to these
Terms and Conditions, such products and Services may have additional or
different terms and conditions. The specific terms and conditions of such
products and Services, if different than, or in addition to, these Terms
and Conditions are hereby incorporated by reference and shall prevail over
any conflicting provisions in these Terms and Conditions.
14.2 Terms Applicable to our iOS App(s).
In addition to Your agreement with these Terms and Conditions, the
following provisions apply with respect to Your use of any version of a
NETGEAR mobile software application (“App”) for iPhone
compatible with the iOS operating system of Apple Inc. (“ Apple”):
(a) Apple is not a party to these Terms and Conditions and does not own and
is not responsible for any NETGEAR App. Apple is not providing any warranty
for the NETGEAR App except, if applicable, to refund the purchase price for
it. Apple is not responsible for maintenance or other support Services for
the NETGEAR App and will not be responsible for any other claims, losses,
liabilities, damages, costs, or expenses with respect to the NETGEAR App,
including any third-party product liability claims, claims that the NETGEAR
App fails to conform to any applicable legal or regulatory requirement,
claims arising under consumer protection or similar legislation, and claims
with respect to intellectual property infringement. Any inquiries or
complaints relating to the use of the NETGEAR App, including those
pertaining to intellectual property rights, must be directed to NETGEAR in
accordance with Section 26 (“Contact”).
(b) The license You have been granted in these Terms and Conditions is
limited to a non-transferable license to use the NETGEAR App on an
Apple-branded product that runs Apple’s iOS operating system and is owned
or controlled by You, or as otherwise permitted by the Usage Rules set
forth in Apple’s App Store Terms of Service. In addition, You must comply
with the terms of any third-party agreement applicable to You when using
the NETGEAR App, such as Your wireless data Service agreement.
(c) You represent and warrant that (1) 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. Government as a “terrorist supporting” country; and (2) You are
not listed on any U.S. Government list of prohibited or restricted parties.
(d) Apple and Apple’s subsidiaries are third-party beneficiaries of these
Terms and Conditions and, upon Your acceptance of the terms and conditions
of these Terms and Conditions, will have the right (and will be deemed to
have accepted the right) to enforce these Terms and Conditions against You
as a third-party beneficiary thereof; notwithstanding the foregoing,
NETGEAR’s right to enter into, rescind or terminate any variation, waiver,
or settlement under these Terms and Conditions is not subject to the
consent of any third party.
15. Privacy and Protection of Personal Data
15.1 Privacy Policy. By completing the registration process, You
understand and consent to NETGEAR’s collection, storage and use of Your
Account Data in accordance with NETGEAR’s Privacy Policy at
http://www.NETGEAR.com/about/privacy-policy/
. We encourage You to review the Privacy Policy frequently.
15.2 Compliance with Data Protection Laws. Each party shall comply
with its respective obligations under applicable data protection laws (“ DPL”).
You will not perform any act that puts NETGEAR in
breach of its obligations, and nothing in this Agreement shall be deemed to
prevent any party from taking action it reasonably deems necessary to
comply with DPL. You
15.3 You expressly agree that NETGEAR may transfer personal data outside
the European Economic Area in order to provide the Services to
jurisdictions that may not provide the same level of data protection as
does your home jurisdiction. In this case, NETGEAR will take appropriate
steps to ensure an adequate level of protection for your personal data,
including through such measures as concluding data transfer agreements
based on EU standard model clauses, compliance with the EU-US Privacy
Shield, or other measures as provided for by applicable law.
15.4 NETGEAR may comply with requests for information from legitimate
judicial, legal or regulatory authorities or pursuant to a court order or a
subpoena, discovery request or other lawful process that NETGEAR receives.
NETGEAR may comply with these subpoenas or court orders with or without
notice to You.
16. YOUR REPRESENTATIONS AND WARRANTIES
16.1 WARRANTY.
NONUSE OF NETGEAR DEVICES AND SERVICES IN CERTAIN SYSTEMS –
YOU AGREE THAT YOU WILL NOT USE THE NETGEAR DEVICES AND SERVICES IN THE
OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY
COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL SYSTEMS OR ANY OTHER SUCH ACTIVITIES IN WHICH THE FAILURE OF THE
SERVICES COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE.
USER CONTENT -
YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR
ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING
ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY NETGEAR, AS SET OUT IN SECTION 1
BELOW). IN PARTICULAR, YOU WARRANT AND REPRESENT TO
NETGEAR THAT:
(a) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR
OTHERWISE AUTHORIZED TO GRANT NETGEAR THE USER CONTENT LICENSE;
(b) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER
THIRD PARTY RIGHTS OR CONTAIN ANY INSIDER INFORMATION;
(c) THE USER CONTENT WILL NOT CONTAIN ANY MATERIAL WHICH IS HARMFUL,
INACCURATE, PORNOGRAPHIC, ABUSIVE, OBSCENE, THREATENING, DEFAMATORY, OR
WHICH IS OTHERWISE ILLEGAL OR WHICH DOES NOT COMPLY WITH APPLICABLE LAW;
(d) THE USER CONTENT WILL NOT CONTAIN ANY VIRUSES OR OTHER HARMFUL
SOFTWARE, CODE OR SIMILAR MEANS AND DEVICES WHICH COULD DAMAGE, HARM,
DISABLE OR OTHERWISE IMPACT OR LIMIT THE FUNCTION AND PERFORMANCE OF THE
SERVICES AND/OR ANY DEVICE ACCESSING SUCH USER CONTENT, REGARDLESS OF
WHETHER THIS DEVICE BELONGS TO NETGEAR OR ANY OTHER USER OR THIRD PARTY
INCLUDING SERVER, NETWORKS NODES OR ANY SIMILAR EQUIPMENT;
(e) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION
RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND
RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER THE APPLICABLE LAWS,
INCLUDING THE COUNTRY IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU ARE
USING THE SERVICES;
(f) THE USE OF THE USER CONTENT BY NET NETGEAR GEAR WILL NOT IMPOSE ANY
OBLIGATION UPON NETGEAR TO PAY ANY KIND OF MONETARY CONTRIBUTION (INCLUDING
LICENSE FEES, DUES OR OTHERWISE) TO ANY THIRD PARTY (IN PARTICULAR
COLLECTING SOCIETIES); AND
(g) YOU WILL NOT FALSELY REPRESENT YOURSELF BY IMPERSONATING OTHER PEOPLE.
16.2 INDEMNITY.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NETGEAR FROM AND AGAINST
ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND
EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCLUDING BUT NOT LIMITED
TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT
AND/OR TRADEMARK INFRINGEMENT AGAINST NETGEAR OR THE SERVICES, RELATING TO
OR ARISING OUT OF YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES,
COVENANTS OR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, YOUR MISUSE OF
THE SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF ANY
NETGEAR PRODUCTS OR SOFTWARE.
17. NETGEAR’S REPRESENTATIONS AND WARRANTIES
17.1 TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, (OTHER THAN A SPECIFIC
LIMITED HARDWARE OR LIMITED WARRANTY PROVIDED BY NETGEAR) THE SERVICES
(INCLUDING ANY DOCUMENTS OR MATERIAL, SOFTWARE AND FIRMWARE UPDATES
DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES) ARE PROVIDED BY NETGEAR ON AN “AS IS” AN “AS AVAILABLE” BASIS AND
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NETGEAR IS NOT RESPONSIBLE
FOR ANY DAMAGE TO YOUR MOBILE PHONE OR MOBILE PHONE’S, SOFTWARE, COMPUTER
SYSTEM OR OTHER DEVICE OR DEVICE’S SOFTWARE OR ANY LOSS OF DATA THAT IS
CAUSED BY OR RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH DOCUMENTS
AND/OR MATERIAL.
17.2 NETGEAR MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; NOR DOES NETGEAR MAKE ANY WARRANTY AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES (INCLUDING
THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR
THAT THE SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR
SERVICE. FURTHER, NETGEAR DOES NOT WARRANT THAT THE SERVICES OR THE NETGEAR
SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; NETGEAR ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL
NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR
COMPUTER SOFTWARE OR OTHER HARDWARE.
17.3 WITH REGARD TO THE SOFTWARE, THE MANDATORY WARRANTY RIGHTS
REQUIRED UNDER APPLICABLE LAW SHALL APPLY.
17.4 NETGEAR HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY
CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT
MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR
NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS.
THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER
THAN AS PERMITTED BY LAW, NETGEAR DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER
RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A
SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT
THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY.
17.5 YOU AGREE THAT NETGEAR IS NOT AN INSURER AND THAT NETGEAR IS NOT
PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY NETGEAR
FOR THE SERVICES ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE
VALUE OF YOUR PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN YOUR PREMISES, OR
ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST
ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF
ANY LOSS, DAMAGE OR INJURY, YOU WILL NOT LOOK TO NETGEAR TO COMPENSATE YOU
OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL
SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST NETGEAR ARISING AS A RESULT
OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
17.6 NETGEAR’S DEVICES AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE
OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES,
FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS.
18. YOUR LIABILITY
18.1 You are entirely responsible for any breach of Your obligations under:
(a) These Terms and Conditions; and
(b) Any applicable law or regulation in the relevant jurisdiction,
including the jurisdiction where You are a resident or from where You are
using the Services and for the consequences of any such breach, including
any loss or damage which NETGEAR or any third party may incur or suffer.
NETGEAR will have no responsibility to You or to any third party with
respect to the foregoing.
19. NETGEAR’S LIABILITY
.
THE LIABILITY OF NETGEAR SHALL BE UNLIMITED FOR:
19.1 LOSS OR DAMAGE CAUSED INTENTIONALLY OR BY THE GROSS NEGLIGENCE OF
NETGEAR, ITS DIRECTORS OR ITS OFFICERS OR OTHER VICARIOUS AGENTS; AND
19.2 LOSS OR DAMAGE FROM ACTS CAUSING DEATH, BODILY INJURY OR ILLNESS, OR
FROM THE ASSUMPTION OF A GUARANTEE OR A PROCUREMENT RISK, OR UNDER
APPLICABLE PRODUCT LIABILITY LEGISLATION.
19.3 NETGEAR ’S LIABILITY FOR NEGLIGENCE OTHER THAN GROSS NEGLIGENCE OF
NETGEAR, ITS DIRECTORS, OFFICERS OR OTHER VICARIOUS AGENTS IN CASE THE
DAMAGE RESULTS FROM A BREACH OF A MATERIAL CONTRACTUAL OBLIGATION SHALL IN
NO CASE EXCEED THE TYPICAL FORESEEABLE DAMAGES, WHICH SHALL BE THE LOWER OF
NETGEAR’S LIST PRICE OR THE AMOUNT(S) PAID BY YOU, FOR THE SOFTWARE AND
SERVICES GIVING RISE TO THE CAUSE OF THE ACTION (OR THE PRODUCT WITH WHICH
THE SOFTWARE AND SERVICES WAS MADE AVAILABLE).
19.4 SUBJECT TO CLAUSES 19.1 AND 19.2 ABOVE, ANY OTHER LIABILITY OF NETGEAR
IS EXCLUDED.
19.5 WHERE LIABILITY IS LIMITED IN ACCORDANCE WITH CLAUSE 19.2, NETGEAR
WILL NOT BE LIABLE FOR LOST PROFITS OR ANY OTHER INDIRECT DAMAGES.
19.6 IN THE EVENT THAT NETGEAR IS LIABLE FOR A BREACH OF THESE TERMS AND
CONDITIONS, NETGEAR’S LIABILITY SHALL BE LIMITED TO ACTUAL DAMAGES WHICH
NETGEAR MUST TYPICALLY EXPECT AT THE TIME OF THE CONCLUSION OF THIS
AGREEMENT DUE TO THE CIRCUMSTANCES KNOWN AT THE TIME. MOREOVER, IF NETGEAR
MISTAKENLY OR WRONGFULLY OVERCHARGES YOUR ACCOUNT, THIS SECTION DOES NOT
LIMIT NETGEAR’S ABILITY TO REFUND SUCH MISTAKENLY OR WRONGFULLY OVERCHARGED
AMOUNTS.
20. Force Majeure
20.1 NETGEAR is not liable or responsible for any failure to perform, or
delay in performance of any of NETGEAR’s obligations under these Terms and
Conditions that is caused by events outside NETGEAR’s reasonable control (“ Force
Majeure Event”), in particular (without limitation)
(a) unavailability of public or private telecommunication networks, (b)
acts, decrees, legislation, regulations or restrictions of any government,
or (c) strikes, lock-outs or other industrial action, civil commotion,
riot, invasion, terrorist attacks or threats of terrorist attacks, war
(whether declared or not) or any natural disaster.
20.2 NETGEAR’s performance under these Terms and Conditions is deemed to be
suspended for the period that Force Majeure Event continues, and NETGEAR
will have an extension of time for performance for the duration of that
period.
21. Third Party Sites and Other Content
21.1 The Services may contain hyperlinks to content resources and Services
of third parties, including other websites and Third Party Content (“ External
Resources”). NETGEAR is not responsible for, does
not endorse and has no control over the content (including advertisements,
products and other materials) provided, made available and/or displayed to
You under these External Resources and is not responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with Your use of or reliance on such content
(including any reliance by You on the availability, accuracy, applicability
or completeness of the content) which is made available to You, provided to
You or displayed to You under these External Resources unless Section 19
above provides otherwise.
21.2 The Services may give You the ability to access media content
controlled by third parties (“Third Party Content”) over
which NETGEAR exercises no editorial or programming control. You understand
that: (i) Third Party Content providers may restrict or revoke access to
their content at any time; (ii) to the extent possible under the governing
law, NETGEAR is not responsible for and has no editorial control over any
Third Party Content; and (iii) NETGEAR has no control over the distribution
of Third Party Content. You agree that NETGEAR will have no liability to
You or anyone else who uses Your system with regard to any Third Party
Content unless Section 19 above provides otherwise. You also agree and
declare that any and all Third Party Content accessed or transferred using
the Services is for personal, non-commercial use and that the Services will
not be used to illegally copy, illegally display or otherwise make illegal
use of Third Party Content. Generally, authorization from the appropriate
rights holder is needed prior to displaying, using, or copying Third Party
Content. Unauthorized copying or distribution of copyrighted works may
constitute an infringement of the copyright holders’ rights. You understand
that by using the Services You are exposed to the risk that You may find
some Content offensive, indecent or objectionable and that any use of the
Services as regards such exposure is entirely at Your own risk.
21.3 You may from time to time and as a result of or through the use of the
Services purchase or avail Yourself of Third Party Products, and other
Services, goods or software which is provided to You by a third party. Your
use of such Third Party Products, and other Services, goods or software may
be subject to Special Terms and other separate terms and conditions between
You and the respective third party. This Agreement does not affect Your
legal relationship with that third party and NETGEAR is not liable or
responsible for any Third Party Products, and other Services, goods or
software provided to You by any third party unless Section 19 above
provides otherwise.
21.4 When You use a third-party application, the application may ask for
Your permission to access Your content and information in order for the
application to work as intended. Your agreement with the provider of that
application will control how the application can use, store, and transfer
that content and information, so be sure to thoroughly read any such
application’s terms of Service. Without limiting anything contained in
these Terms and Conditions, You agree that NETGEAR will have no liability
to You or anyone else with respect to Your agreement with the provider of
that third-party application unless Section 19 above provides otherwise.
22. Language of the Terms and Conditions
The controlling language of these Terms and Conditions is English. NETGEAR
may provide You with a translation of the English version of these Terms
and Conditions. This translation is provided for Your convenience. In the
event of any conflict between the English language version and the
translation version of these Terms and Conditions, the English language
version takes precedence over any translation version.
23. Right of withdrawal
23.1 You have the right to withdraw from this Agreement within 14 days
without giving any reason. The withdrawal period will expire after 14 days
from the day of the conclusion of the Agreement. To exercise the right of
withdrawal, You must inform us (NETGEAR, INC., insert geographical address
and, where available, your telephone number, fax number and e-mail address)
of Your decision to withdraw from this Agreement by an unequivocal
statement (e.g. a letter sent by post, fax or e-mail). You may use the
below model withdrawal form, but it is not obligatory. To meet the
withdrawal deadline, it is sufficient for You to send Your communication
concerning Your exercise of the right of withdrawal before the withdrawal
period has expired.
23.2 Effects of withdrawal. If you withdraw from this
Agreement, we shall reimburse to You all payments received from You,
including the costs of delivery (with the exception of the supplementary
costs resulting from Your choice of a type of delivery other than the least
expensive type of standard delivery offered by us), without undue delay and
in any event not later than 14 days from the day on which we are informed
about Your decision to withdraw from this Agreement. We will carry out such
reimbursement using the same means of payment as You used for the initial
transaction, unless You have expressly agreed otherwise; in any event, You
will not incur any fees as a result of such reimbursement. If You requested
to begin the performance of services during the withdrawal period, You
shall pay us an amount which is in proportion to what has been provided
until You have communicated us Your withdrawal from this Agreement, in
comparison with the full coverage of the Agreement.
23.3 Model withdrawal form. Complete and return this form
only if You wish to withdraw from the Agreement.
— To NETGEAR, INC.
350 East Plumeria Drive
San Jose, CA 95134
Corporate Office Phone: 408-907-8000
Corporate Office Fax: 408-907-8097
— I/We (*) hereby give notice that I/We (*) withdraw from my/our contract
of sale for the provision of Arlo services,
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s),
Expiry of right of withdrawal.
Please note that in the case of the supply of digital content which is not
supplied on a tangible medium, You lose your right of withdrawal if the
performance has begun with Your prior express consent and Your
acknowledgment that You thereby lose Your right of withdrawal.
You agree that in case you download or use the Arlo software before the
expiry of the right of withdrawal, you thereby lose your right of
withdrawal.
24. Claims Regarding Infringement of Intellectual Property Rights and Other
Rights
24.1 Claims. NETGEAR respects the intellectual property of others
and we require our users to do the same. If You believe that Your work has
been copied in a way that constitutes copyright infringement or Your
intellectual property rights have been otherwise violated please provide
NETGEAR with the following information:
(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
(b) a description of the copyrighted work or other intellectual property
interest that You claim has been infringed;
(c) a description of where the material that You claim is infringing is
located on the NETGEAR website;
(d) Your address, telephone number, and email address;
(e) a 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;
(f) a statement by You, made under penalty of perjury, that the above
information in Your notice is accurate and that You are the copyright or
intellectual property owner or are authorized to act on the copyright or
intellectual property owner’s behalf.
Please mail this information to: Legal Department, NETGEAR, 350 E Plumeria
Dr, San Jose, CA 95134.
24.2 Remedies.
(a) NETGEAR may respond to notices of alleged copyright infringement or
violation of other laws in accordance with applicable law and may
terminate, suspend or block access (either temporary or permanently) to
accounts of users who repeatedly infringe copyright laws or violate other
applicable law.
(b) NETGEAR may terminate the accounts of users of any NETGEAR Service or
software who infringe the copyrights, trademarks, or intellectual property
rights of others. In addition, steps intended to defeat or bypass security
measures designed to prevent intellectual property infringement may be
illegal under U.S. law or comparable foreign laws. NETGEAR may terminate
the accounts of users who develop or use methods to defeat or bypass such
security measures and may take any other necessary or appropriate action to
prevent infringement of intellectual property holders’ rights.
25. General Provisions
25.1 Entire Agreement. These Terms and Conditions constitute the
entire agreement between You and NETGEAR and govern Your use of the
Services superseding any prior agreements between You and NETGEAR with
respect to the Services. You may also be subject to additional terms and
conditions that may apply when You use or purchase certain other services,
affiliate services, third-party content or third-party software. NETGEAR
will rely only on these Terms and Conditions. Any representations,
statements or agreements made or entered into elsewhere, whether directly
or indirectly, written or oral or in advertising are not binding towards
NETGEAR unless expressly confirmed in writing by NETGEAR to You.
25.2 Notice of Changes. NETGEAR may provide You with notices
(including notices relating to changes to the Terms and Conditions or
termination of the Services or parts thereof) by email, ordinary mail, or
postings on or via the Services.
25.3 Waiver and Severability of Terms. The failure of NETGEAR to
exercise or enforce any right or provision of these Terms and Conditions
will not constitute a waiver of such right or provision. If any provision
of these Terms and Conditions is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the
provision and the other provisions of these Terms and Conditions remain in
full force and effect.
25.4 Third Party Beneficiaries. Each of NETGEAR’s affiliates and
subsidiaries is an intended third party beneficiary to the provisions of
these Terms and Conditions which confer a benefit on (or rights in favor
of) them. Such affiliates and subsidiaries will be entitled to directly
enforce and rely upon any provision of these Terms and Conditions which
confers a benefit on (or rights in favor of) them. Subject to the
foregoing, [and except as set forth in Section 14.2 regarding
the Apple Application], no other person will be a third party beneficiary
to these Terms and Conditions.
25.5 Assignment. You are not permitted to transfer, assign or
otherwise dispose of these Terms and Conditions which are personal to You,
or any of Your rights or obligations arising under these Terms and
Conditions without the prior written consent of NETGEAR. NETGEAR has the
right to transfer, assign or otherwise dispose of these Terms and
Conditions without Your consent.
25.6 Choice of Law and Forum. These Terms and the relationship
between You and NETGEAR will be governed by the laws of the State of
California without regard to its conflict of law provisions. This shall not
limit the protection afforded to You by provisions that cannot be derogated
from by agreement by virtue of applicable law.
25.7 No Right of Survivorship and Non-Transferability. You agree
that Your Services are nontransferable and any rights to Your ID or
contents within Your account terminate upon Your death. Upon receipt of a
copy of a death certificate, Your Services and related accounts may be
terminated and contents therein permanently deleted.
25.8 Interpretation. The section titles in these Terms and
Conditions are for convenience only and have no legal or contractual
effect.
25.9 Export Laws. Recognizing the global nature of the internet, You
agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, You agree to comply with all applicable
laws regarding the transmission of data exported from the United States or
from the country in which You reside. You represent and warrant that You
are not located in a country subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a “terrorist supporting”
country, and that You are not listed on any U.S. Government list of
prohibited or restricted parties. Without limiting the foregoing, You agree
that You will not use the Services in countries that are designated under
section 6(j) of the Export Administration Act.
26. Contact
The following NETGEAR entity is responsible for delivering the Services
depending on where You are using the Services:
· The Americas: NETGEAR Inc.
-
All Other International Territories
(including but not limited to Europe, Middle East, Africa, Asia
Pacific, Australia and New Zealand): NETGEAR International Limited.
Thus, if You have any questions, complaints, or claims with respect to the
Services, You may contact us at the following addresses (as applicable):
NETGEAR, Inc.
350 East Plumeria Drive
San Jose, CA 95134
Corporate Office Phone: 408-907-8000
Corporate Office Fax: 408-907-8097
OR
NETGEAR International Limited
First Floor Building 3 University Technology Centre Curraheen Road
Cork, Ireland
Corporate Office Phone: 353 21 2333 200
Corporate Office Fax: 353 21 2333 299
© 2021 NETGEAR, Inc. All Rights Reserved.