Terms and Conditions

Agreement between User and www.nsfocusglobal.com

 

Welcome to www.nsfocusglobal.com. The www.nsfocusglobal.com website (the “Site”) is comprised of various web pages operated by NSFOCUS, Inc. (“NSFOCUS”). This Site is maintained as a service to our customers. By using the Site, you agree to comply with and be bound by the following terms and conditions of use (“Terms”). Please review these Terms carefully. If you do not agree to these Terms, you should not use this Site. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS SITE, OR ANY SERVICES OR CONTENT MADE AVAILABLE ON THIS SITE (COLLECTIVELY “SERVICE“), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

 

Please keep a copy of these Terms for your reference.

 

www.nsfocusglobal.com is an E-Commerce Site.   The Site is provided to offer integrated cloud and on-premises application & network security solutions powered by global threat intelligence service. In addition, when using particular Services or materials on the Site or ordering products, you may be subject to additional posted guidelines or rules applicable to such Services, materials or purchases that contain terms and conditions in addition to these Terms. All such additional guidelines or rules are hereby incorporated by reference. These Terms may be modified at any time by us upon posting of the modified Terms. Any such modifications shall be effective immediately. It is your responsibility to review the Site periodically and to be aware of any modifications.  You can view the most recent version of these Terms at any time at [www.nsfocusglobal.com] Each use by you shall constitute and be deemed your unconditional acceptance of the most current version of these Terms.

 

Privacy

 

Your use of www.nsfocusglobal.com is subject to NSFOCUS’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. In order to purchase products and receive access some of the Services on the Site, you will be required to have a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information to keep it current, complete and accurate.  You also grant us the right to disclose to third parties (including our online e-commerce platform, Woo Commerce) your Registration Data consistent with the Privacy Policy. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any communications sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

 

Electronic Communications

 

Visiting www.nsfocusglobal.com or sending emails to NSFOCUS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Children Under Thirteen

 

NSFOCUS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.nsfocusglobal.com only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

 

www.nsfocusglobal.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NSFOCUS and NSFOCUS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NSFOCUS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NSFOCUS of the site or any association with its operators. You acknowledge that NSFOCUS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is it responsible for errors or omissions in any references to other parties or their products, materials and services

 

Certain services made available via www.nsfocusglobal.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.nsfocusglobal.com domain, you hereby acknowledge and consent that NSFOCUS may share such information and data with any third party with whom NSFOCUS has a contractual relationship to provide the requested product, service or functionality on behalf of www.nsfocusglobal.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

 

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use www.nsfocusglobal.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to NSFOCUS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content made available via the Site (including as part of the Service), such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NSFOCUS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NSFOCUS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use such content solely for your personal use and will make no other use of the content without the express written permission of NSFOCUS. You agree that you do not acquire any ownership rights in any content. We do not grant you any licenses, express or implied, to the intellectual property of NSFOCUS or our licensors except as expressly authorized by these Terms.

 

Third Party Accounts

 

You will be able to connect your NSFOCUS account to third party accounts. By connecting your NSFOCUS account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.  You further agree that information provided by you is truthful and accurate to the best of your knowledge and acknowledge that you are solely responsible for the contents of your communications made via the Site and that all such communications will comply with our Privacy Policy and Acceptable Use Policy.

 

You agree that you will not use the NSFOCUS content accessed through www.nsfocusglobal.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

 

You agree to indemnify, defend and hold harmless NSFOCUS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NSFOCUS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NSFOCUS in asserting any available defenses.

 

Arbitration

 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute, including the jurisdiction of the arbitration panel and claims in tort, shall be settled by final and binding arbitration.  Arbitration shall be held in Santa Clara County, California in accordance with the Arbitration Rules of the American Arbitration Association The procedural law shall be the law of the place where arbitration is conducted.  Arbitral proceedings shall be conducted in English.  The arbitration tribunal shall not award punitive damages.  The expenses of the arbitration, including the arbitrator’s fees, expert witness fees, and attorney’s fees may be apportioned between the parties in any manner deemed appropriate by the arbitrator; however, in the absence of any formal ruling by the arbitrator, each party shall share equally in the payment of the arbitrator’s fees and bear its own costs, expert witness fees and attorney’s fees.  The arbitration award shall be the sole and exclusive remedy regarding any and all claims and counterclaims presented and may not be reviewed by or appealed to any court except for enforcement.  Notwithstanding the foregoing, nothing in this Agreement shall prohibit a party from seeking to prevent any unauthorized copying, disclosure, use, retention or distribution of its confidential information or intellectual or other property by injunctive relief or otherwise in a court of law.

 

Class Action Waiver

 

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NSFOCUS agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NSFOCUS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

THE USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ANY INFORMATION OR SERVICES PROVIDED THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NSFOCUS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NSFOCUS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NSFOCUS MAKES NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE SITE WILL BE CORRECTED.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NSFOCUS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NSFOCUS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

 

NSFOCUS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of California, excluding its conflict of laws rules and you hereby consent to the exclusive jurisdiction and venue of courts in the Northern District of California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NSFOCUS as a result of these Terms or your use of the Site. NSFOCUS’s performance is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of NSFOCUS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NSFOCUS with respect to such use. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, These Terms (including the associated policies and additional terms and conditions referenced herein) constitutes the entire agreement between the user and NSFOCUS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NSFOCUS with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

 

Changes to Terms

 

NSFOCUS reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. NSFOCUS encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

 

NSFOCUS welcomes your questions or comments regarding the Terms:

 

NSFOCUS, Inc.

3979 Freedom Circle, Suite 900

Santa Clara, California 95054

 

Email Address:

privacy@nsfocusglobal.com

 

Telephone number:

408-907-6638

 

Effective as of September 17, 2018

 

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