Netfira.com Terms of Use

Separate terms and conditions apply to participation in Netfira’s Partner Program and to the purchase and/or use of any Netfira software or other products or services, which terms and conditions will be made available at the time of registration for the Partner Program or purchase and/or use of the product or service.

1. Right to Make Changes.
We reserve the right at any time to:

• change the terms and conditions of this Agreement;
• change the Site, including eliminating or discontinuing any content on or feature of the Site; or
• change any fees or charges for use of the Site.

We reserve the right to change this Agreement from time to time by posting a revised version on the Site. Any changes we make will be effective immediately upon posting. Your continued use of the Site following such changes shall be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

2. Eligibility.
The Site is intended solely for users who are 13 years of age or older, and any registration, use or access to the Site by anyone under 13 is unauthorized and in violation of this Agreement. Netfira may prohibit you from using or accessing the Site (or any portion, aspect or feature thereof) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Site only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to abide by and comply with this Agreement.

3. Ownership of Materials and Trademarks. 
The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the "Materials"), are intended to inform you about Netfira and our products and services. Unless otherwise specified on the Site, you may download Materials displayed on the Site and may use the downloaded Materials solely for your personal, non-commercial use.  You may not remove any copyright or other proprietary notices from the Materials and may not copy, reproduce, modify, republish, upload, post, transmit, distribute or publicly display any Materials without the written consent of Netfira. The Materials remain the property of Netfira and its licensors and suppliers.

The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Netfira and its licensors and suppliers. The Trademarks owned by Netfira whether registered or unregistered, may not be used in connection with any non-Netfira product or service, in any manner that is likely to cause confusion with customers, or in any manner that disparages Netfira. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Netfira.

4. Registration.
Some areas of the Site may require you to register to use certain features. When and if you register, you agree to provide accurate, current and complete information about yourself and your organization as prompted by the applicable registration form. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.

5. Prohibited Actions.
While using the Site and Materials, you agree not to:

• restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
• use the Site or Materials for any unlawful purpose;
• express or imply that any statements you make are endorsed by us, without our prior written consent;
• transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
• engage in spamming or flooding;
• transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
• "frame" or "mirror" any part of the Site without our prior written authorization;
• use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
• harvest or collect information about Site visitors without their express consent.

While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.

6. Submissions and Postings.
We may from time to time host message boards and other forums on the Site (collectively, "Forums") on which we redistribute materials you give to us.  To do this, we require certain rights in those materials. Accordingly, by sending or transmitting to us any suggestions, ideas, notes, concepts, information, images, audio and video clips, or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Site, you grant us a worldwide, non-exclusive, sublicenseable (with the right to grant further sublicenses), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

7. Links.
As a convenience to you, the Site contains links to Internet web sites that are owned and operated by parties other than Netfira. Netfira has no control over such sites and is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Netfira offers such links does not indicate any approval or endorsement of any material contained on any linked site. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

8. Export.
We make no representation that Materials available on or through the Site are appropriate or available for use in any particular location.  Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws. You may not use, make available, export or re-export the Materials or any software in violation of this Agreement, or U.S. or other applicable export control laws or other laws.  In particular, but without limitation, the Materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Site, you represent and warrant that you are not located in any such country or on any such list. We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction, at any time and in our sole discretion.

9. Termination.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

10. Disclaimers.
THE SITE AND THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NETFIRA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

NETFIRA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF NETFIRA OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

11. Limitation of Liability.
NEITHER NETFIRA NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE OR ANY LINKED SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF NETFIRA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT PAID BY YOU TO NETFIRA IN THE PAST TWELVE (12) MONTHS.

12. Indemnification.
You agree to indemnify, defend and hold Netfira and its affiliates, licensors, suppliers, and advertisers, and their respective directors, officers, employees, consultants, agents and other representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

13. General.

Notices.  Notices by you to us hereunder shall be invalid unless made in writing and sent by certified mail, return receipt requested, to the following address: Netfira, Inc., 4900 Hopyard Road, Suite 100, Pleasanton, CA 94588. Notices by us to you may be made in any manner we deem appropriate in our sole discretion.

Assignment and Delegation. You must not assign any of your rights or delegate any of your duties under this Agreement without our prior written approval. We may freely transfer, assign or delegate this Agreement or our rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid or unenforceable to the extent of its illegality, invalidity or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give it the maximum effect intended. The illegality, invalidity or unenforceability of such provision in a particular jurisdiction shall not in any way affect the legality, validity or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction

No Waiver. Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.

Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. You consent to the jurisdiction of the state and federal courts serving Alameda County, California, for any and all disputes arising under or in connection with this Agreement.

14. Questions.
If you have any questions or comments regarding this Agreement or the Site, feel free to contact us at info@netfira.com.