Terms and Conditions
1. Acceptance of the Terms and Conditions
1.1. Before You are permitted to Use the Services You are required to accept the Terms and Conditions and any Special Terms, as the case may be. Terms and Conditions and any Special Terms may be accepted by clicking the "accept" button if such button or function is available or present via the user interface for the respective Service.
1.2. You also accept the Terms and Conditions or any Special Terms when You access or actually start to use the Services. In this case You understand that You are bound by and NETGEAR will treat You as being bound by the Terms and Conditions from the moment You access or start using the Services.
2. Changes to the Terms and Conditions
2.1. NETGEAR may, in its sole discretion, modify, update, add to, discontinue, remove or otherwise change any portion of these Terms and Conditions at any time.
2.2. When NETGEAR amends these Terms and Conditions, we will revise the “last updated” date located at the bottom of these Terms and Conditions. For changes that we consider to be material, we will place a notice on the Website by revising the link on the homepage to read substantially as “Updated Terms and Conditions” for a reasonable amount of time. If you provide information to us or access or use any NETGEAR Service in any way after these Terms and Conditions have been changed, you will be deemed to have consented and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions.
3.1. As long as You comply with these Terms and Conditions, NETGEAR grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Services.
3.2. You may close Your Account at any time.
3.3. You agree that NETGEAR may stop (permanently or temporarily) providing any or all of the Services (or any features within the Services) to You or to users generally at NETGEAR’s sole discretion, without prior notice to you.
3.4. Without limiting the generality of the foregoing, NETGEAR is entitled to disable your account at any time and without observing any notice period if:
a. You are in breach of these Terms and Conditions;
b. You have demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with these Terms and Conditions;
c. NETGEAR, (including NETGEAR's Subsidiaries) or 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 NETGEAR or 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; or
d. NETGEAR (including NETGEAR's Subsidiaries) 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).
3.5. You agree that if NETGEAR disables access to your account, you may be prevented from accessing the Services, your account details or any files, "User Content" (as defined herein) or products that are stored with your account. 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.
4. Provision of the Services and limitations of usage
4.1. The Services are provided to You by NETGEAR and NETGEAR's Subsidiaries.
4.2. Unless otherwise specified in these Terms and Conditions or any applicable Special Terms, You are permitted to, and You agree that You will, (1) not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof, (2) not remove any proprietary notice language corresponding to the Services, and (3) make no modifications to any such Services.
4.3. You may 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.
4.4. When You Use the Services You will 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.
4.5. NETGEAR may at any time and in its sole discretion without prior warning or notice:
a. change the Services or suspend and/or cease providing the Services or any part of the Services;
b. disable or suspend Your Use of the Services including access to Your User account(s) and any files or other content contained in Your account(s) either temporarily or permanently;
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.
4.6. 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).
4.7. You will comply with and follow all instructions made available to You by NETGEAR in connection with the Services and You will not engage in any activity that may cause interference with or disruption to the Services or any servers, networks or other equipment connected to the Services.
4.8. Some of the Services can be used or are particularly useful when used over mobile networks. 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.
5.1. You agree that NETGEAR, as part of the Services, places or displays to You advertisements, promotion materials or other content and materials or products for promotional purposes.
5.2. NETGEAR will only send You marketing emails or newsletters and will only try to contact You directly by phone for marketing purposes where you have opted to receive such information and communication, for example, when You registered for the Services.
6. Software and software updates and updates to the Services
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"). By using or installing these Services and/or products, You agree to such automatically requested and installed 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. Content provided in the Services and content rights
7.1. 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) ("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.
7.2. 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.
7.3. 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.
8. User Content and User Content License
8.1. By uploading, transmitting, creating, posting, displaying or otherwise providing any information, materials, documents, media files or other content on or through the Services ("User Content") You hereby grant NETGEAR and NETGEAR's Subsidiaries an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, digitize, publish, publicly perform and publicly display the User Content ("User Content License") to the full extent necessary to provide the Services.
8.2. The User Content License will include a right for NETGEAR and NETGEAR's Subsidiaries to (a) perform all technical 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.
8.3. NETGEAR does not claim ownership of the User Content and You will retain any copyright and any other rights to any User Content provided by You on or through the Services.
8.4. 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.
8.5. You are entirely responsible to backup Your User Content 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.
8.6. 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 creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions"), the Submission will be treated as non-confidential and non-proprietary 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 reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use 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. Solely to avoid undue repetition, references to "NETGEAR" in this subparagraph will be deemed to include NETGEAR Subsidiaries.
9. NETGEAR Services License
9.1. 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, regardless of whether registered/legally secured or not.
9.2. Except for the rights granted to You in these Terms and Conditions and any Special Terms, NETGEAR retains all rights in or pertaining to the Services.
9.3. 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 or (c) otherwise assign, grant a sublicense in, or grant a security interest in or over the NETGEAR License or any rights under it, loan or lease the Services and/or the NETGEAR License, or otherwise transfer the NETGEAR License or any rights under it to any third party.
9.4. You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of NETGEAR 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.
10.1. You are not entitled to use any of NETGEAR's (including NETGEAR's Subsidiaries) trade names, trademarks, service marks, logos, domain names, or other distinctive brand features ("NETGEAR's Brands") without NETGEAR's prior written consent. To the extent that You are entitled to use NETGEAR's Brands under a separate written agreement with NETGEAR, such use is only permitted in accordance with such separate agreement.
10.2. 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, NETGEAR's Subsidiaries 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, NETGEAR's Subsidiaries 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.
11. Registration and Account Data
11.1. 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 ["Account Data"]). You agree to provide accurate, complete and up to date information when you register ("Registration Data"). You agree that NETGEAR may store and use the registration data you provide for use in maintaining and billing fees to your account. You are entirely responsible for maintaining the confidentiality of your Account Data, and for any and all activity that occurs under your account. You
agree to promptly notify NETGEAR about any unauthorized use of your account or Account Data.
11.2. NETGEAR implemented an integrated registration solution through a single sign on process ("SingleSignOn"). SingleSignOn means that once You open a user account with NETGEAR You automatically register for all Services which, amongst others, eliminates the need to maintain separate User accounts and User ID's for each individual Service. SingleSignOn also allows You to sign in and sign off from all Services and through all devices at once.
11.3. You will keep your Account Data safe and secure at all times and prevent unauthorised access to your Account Data and your account by third parties, in particular by avoiding obvious User IDs or passwords, by changing your password regularly and by ensuring that you do not disclose your password(s) or grant any other User or third party access to your Account Data or your account.
11.4. 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.
11.5. You agree not to use any Account Data or account of any other User or person than Yourself without permission of the User or person holding the respective account.
11.6. You will notify NETGEAR immediately by email to [please provide this, Tejas] upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security.
11.7. You can access and change Your Registration Data or Account Data at any time by either accessing the respective NETGEAR account application on your device or by visiting [please provide this, Tejas].
12.1. NETGEAR may make available to you various payment processing methods to facilitate the purchase of products through the Services. 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 reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
12.2. You agree that you will pay for all products you purchase through the Services, and that NETGEAR may charge your credit card or other payment processing account for any purchases through your account. 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. All 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.
12.4. 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.
12.5. 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.
13. Privacy and protection of personal data
14. YOUR WARRANTIES AND REPRESENTATIONS
14.1. 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 AND NETGEAR'S SUBSIDIARIES). 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;
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 OR NETGEAR'S CONTENT GUIDELINES;
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 LAWS OF ANY COUNTRY, INCLUDING THE COUNTRY IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU ARE USING THE SERVICES; AND
F. THE USE OF THE USER CONTENT BY NETGEAR OR NETGEAR'S SUBSIDIARIES WILL NOT IMPOSE ANY OBLIGATION UPON NETGEAR OR NETGEAR'S SUBSIDIARIES TO PAY ANY KIND OF MONETARY CONTRIBUTION (INCLUDING LICENSE FEES, DUES OR OTHERWISE) TO ANY THIRD PARTY (IN PARTICULAR COLLECTING SOCIETIES).
14.2. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NETGEAR AND THE NETGEAR SUBSIDIARIES FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED BY NETGEAR AND THE NETGEAR SUBSIDIARIES AS A RESULT OF ANY BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
15. NETGEAR'S WARRANTIES AND REPRESENTATIONS
15.1. TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, ANY DOCUMENTS OR MATERIAL (INCLUDING ANY SOFTWARE AND FIRMWARE UPDATES) DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE PROVIDED BY NETGEAR "AS IS" AN “AS AVAILABLE” AND 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.
NETGEAR MAKES NO WARRANTY THAT THE SERIVES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERIVES 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 SERIVES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE SERIVES WILL BE CORRECTED OR THAT THE SERIVES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, NETGEAR DOES NOT WARRANT THAT THE SERIVES 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.
NETGEAR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERIVES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. 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.
16. YOUR LIABILITY
16.1. 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 JURISDICTIONS, 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 IN RESPECT OF SUCH BREACH.
17. NETGEAR'S LIABILITY
17.1. SUBJECT TO CLAUSE ?17.3, NETGEAR AND THE NETGEAR SUBSIDIARIES ARE NOT LIABLE TO YOU, REGARDLESS OF THE LEGAL GROUNDS, IN PARTICULAR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO NETGEAR, FOR:
A. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
B. ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT);
C. ANY DAMAGE TO AND/OR CORRUPTION OR LOSS OF DATA (WHETHER DIRECT OR INDIRECT);
D. ANY LOSS OR DAMAGE AS A RESULT OF:
I. ANY BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN NETGEAR AND YOU WHICH IS ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF NETGEAR, THE NETGEAR SUBSIDIARIES AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS;
II. ANY RELIANCE PLACED BY YOU ON THE SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR EXISTENCE OF ANY (A) SERVICES (INCLUDING ANY SOFTWARE, INFORMATION, DOCUMENTS, MATERIALS MADE AVAILABLE TO YOU AS PART OR IN COURSE OF THE USAGE OF THE SERVICES) OR (B) ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING (INCLUDING ANY PROMOTIONAL MATERIAL) IS MADE AVAILABLE ON OR BY YOUR USE OF THE SERVICES;
III. ANY CHANGES, MODIFICATIONS, EXTENSIONS OR LIMITATIONS (INCLUDING ANY SUSPENSION OF YOUR USE OF THE SERVICES, ACCESS TO YOUR ACCOUNT AND ACCOUNT DATA OR YOUR REGISTRATION DATA) TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM); OR
IV. THE USE OF YOUR ACCOUNT DATA BY ANY OTHER PERSON THAN YOURSELF (REGARDLESS OF WHETHER WITH OR WITHOUT YOUR KNOWLEDGE). YOU ARE FULLY RESPONSIBLE AND LIABLE TO COMPENSATE NETGEAR FOR ANY DAMAGE AND/OR LOSS INCURRED DUE TO THE USE OF YOUR ACCOUNT DATA BY SOMEONE ELSE.
17.2. IN THE EVENT THAT NETGEAR OR THE NETGEAR SUBSIDIARIES ARE 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.
17.3. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT NETGEAR'S
A. LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OR IN ACCORDANCE WITH ANY PRODUCT LIABILITY ACT; AND
B. WARRANTY OR LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE USER'S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND NETGEAR'S LIABILITY AND WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Force Majeure
18.1. NETGEAR is not liable or responsible for any failure to perform, or delay in performance of any of NETGEAR's obligations under this Agreement 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.
18.2. NETGEAR's performance under this Agreement 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.
19. Links to third party sites and other content
19.1. The Services may contain hyper links to content resources and services of third parties, including other websites ("External Resources"). NETGEAR is not responsible for 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 liable for any damage or loss incurred by You due to or as a result of the 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.
19.2. You may from time to time and as a result of or through the Use of the Services purchase or avail Yourself of services, goods or software which is provided to You by a third party. Your use of such other services, goods or software may be subject to 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 services, goods or software provided to You by any third party.
20. Language of this Agreement
NETGEAR may provide You with a translation of the English version of these Terms and Conditions. This translation is provided for Your convenience only. In the event of any conflict between the English language version and the translation version of these Terms and Conditions and to the extent permissible by applicable law, the English language version takes precedence over any translation version.
21. Claims regarding infringement of intellectual property rights and other rights
21.1. 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.
22. General provisions
22.1. NETGEAR will rely only on the written 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.
22.2. NETGEAR may provide You with notices (including notices relating to changes to the Agreement or termination of the Services or parts thereof) by email, ordinary mail, or postings on or via
22.3. 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.
22.4. 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.
22.5. Each of the NETGEAR's Subsidiaries is an intended third party beneficiary to these Terms and Conditions Agreement and will be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit on (or rights in favour of) them. Subject to the foregoing, no other person will be a third party beneficiary to these Terms and Conditions.
22.6. You are not permitted to transfer, assign or otherwise dispose of these Terms and Conditions which is personal to You, or any of Your rights or obligations arising under these Terms and Conditions without the prior written consent of NETGEAR.
22.7. Entire Agreement. These Terms 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.
22.8 Choice of Law and Forum. To the extent possible under your local law, 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. To the extent possible under your local law, any dispute arising from or relating to the subject matter of this Agreement will be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND NETGEAR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, NETGEAR will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
No Right of Survivorship and Non-Transferability. You agree that your account is 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 account may be terminated and all contents therein permanently deleted.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The following NETGEAR entity is responsible for delivering the Services depending on where you are using the Services
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:
350 East Plumeria Drive
San Jose, CA 95134
Corporate Office Phone
Corporate Office Fax
First Floor Building 3 University Technology Centre Curraheen Road
Corporate Office Phone
353 21 2333 200
Corporate Office Fax
353 21 2333 299