Elastic Path Community Site - Terms of Use

Elastic Path’s “grep” Community Site is a forum where you can access certain training and technical information about Elastic Path software and where you can post information, questions and materials related to Elastic Path software. Use of the Community Site is subject to the Terms of Use set out below.

BY ACCESSING, BROWSING OR USING THE COMMUNITY SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT USE THE COMMUNITY SITE. User ID and Password Many areas of the Community Site are available to registered users only and are password protected.

  • You agree to register for the Community Site using accurate, complete and current information.
  • You will not provide false identity information to gain access to the Community Site.
  • You will not to allow any other person to use your User ID and password.
  • You will notify Elastic Path of any unauthorized use of your User ID and password.

Use of the Community Site

Elastic Path grants you a non-exclusive and non-transferable right to access and use the Community Site and its content for your personal, non-commercial use, subject to the following:

Use of Materials:
  • You may download materials contained on the Community Site for your own personal use provided that you retain and keep intact all of Elastic Path’s copyright notices, trademark notices and other proprietary notices contained on such materials.
  • Any software, code, files, queries or other similar technology made available for downloading, access or use from the Community Site is provided “as is” without any warranties. You agree that any such technology is used by you at your own risk and that Elastic Path has no obligation to maintain or support any such technology. Elastic Path does not promise that such technology will operate or function properly with Elastic Path’s commercial software products.
Posting Materials:
  • You may post materials that you own or have a right to post, distribute or display. Elastic Path is not responsible for the content of the postings made by you or any third party and is not obliged to review, edit or filter the postings; however, Elastic Path reserves the right to modify, reject or remove any material posted on the Community Site at any time in its discretion.
  • You grant Elastic Path a royalty-free and worldwide right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, and display your posted content in any media.
  • You agree to defend Elastic Path from any third party claim that may arise as a result of material you post and you will indemnify Elastic Path from any damages and expenses that may result from such claim.

Restrictions

You agree that you will not:
  • disseminate or distribute materials from the Community Site to anyone outside the user community;
  • license, sell, distribute or otherwise commercially exploit the Community Site or any materials, information, software, code or content posted or contained in it;
  • create internet “links” to the Community Site or “frame” or “mirror” any content on any other server or wireless or internet-based device;
  • post or transmit any material that is unlawful, harmful, defamatory, obscene, indecent, profane, discriminating, harassing, threatening, infringing of intellectual property, invasive of privacy, or otherwise objectionable;
  • post or transmit any unsolicited promotional material (commercial and non-commercial), including "junk mail", "spam" and "chain letters";
  • post or transmit any material that contains viruses, corrupted files or any software or programs that may damage or interrupt the software, hardware or telecommunications equipment of others; or
  • harvest or otherwise collect information about others, including names and email addresses.

Confidentiality

The Community Site may contain Confidential Information. “Confidential Information” is anything which Elastic Path does not make generally available to the public and which it considers to be proprietary and confidential. Confidential Information includes, but is not limited to: (a) software, code or other technology; (b) material or information which, given its nature, should reasonably be considered to be confidential; and (c) material or information which is marked “confidential”.
  • You will maintain the confidentiality of all Confidential Information.
  • You will not provide Confidential Information to anyone outside the user community.
  • You will not remove any proprietary notices contained in or on any Confidential Information.

Copyright

The contents of the Community Site are protected by copyright, trademark and other intellectual property laws and international treaties. Elastic Path either owns or has obtained the rights to use such content on the Community Site. Except as expressly provided above under the heading “Use of the Community Site”, you may not copy, reproduce, republish, upload, post, transmit, distribute or create derivative works from any of the content in the Community Site without Elastic Path’s prior written consent.

Trademarks

The trademarks, logos and service marks appearing on the Community Site are the property of Elastic Path and other parties, and may not be used except with the express written permission of the owner.

Elastic PathTM and Get ElasticTM are trademarks or registered trademarks of Elastic Path Software Inc. All other trademarks are the property of their respective owners.

Disclaimer

Information and materials posted on the Community Site do not necessarily reflect the views of Elastic Path Software Inc. and are not promised or guaranteed to be correct, current or complete. The Community Site may contain technical inaccuracies or typographical errors. Elastic Path assumes no responsibility (and expressly disclaims responsibility) for updating the Community Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products, services or other matters described in the Community Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE COMMUNITY SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, TECHNOLOGY, PROGRAMS AND SERVICES ON THE COMMUNITY SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, DURABILITY OR NON-INFRINGEMENT. ELASTIC PATH DOES NOT REPRESENT OR WARRANT THAT THE COMMUNITY SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS, VIRUSES OR OTHER DEFECTS.

YOU ASSUME ALL RISKS IN THE TRANSMISSION OF ANY MATERIALS, DATA OR INFORMATION TO AND FROM ELASTIC PATH, INCLUDING ANY INTERCEPTION BY THIRD PARTIES.

Limitation of Liability

IN NO EVENT WILL ELASTIC PATH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE COMMUNITY SITE OR ANY USE OF THE COMMUNITY SITE, OR FROM OF ANY SITE OR RESOURCE LINKED TO, REFERENCED OR ACCESSED THROUGH THE COMMUNITY SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, SOFTWARE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ELASTIC PATH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORY.

Links to Other Web Sites

LINKS ON THE COMMUNITY SITE TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE ONLY. ELASTIC PATH IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE, CONTROL OR MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONTENTS, PRODUCTS AND SERVICES OFFERED FROM THIRD PARTY WEB SITES. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF THE INFORMATION CONTAINED IN THIRD PARTY WEB SITES AND FOR COMPLYING WITH THE TERMS OF USE FOR SUCH THIRD PARTY WEB SITES.

Jurisdiction

The Community Site is controlled by Elastic Path from its offices in Vancouver, B.C., Canada. All matters relating to your access to or use of the Community Site will be governed by Canadian federal law or the laws of the Province of British Columbia. You agree to submit to the jurisdiction of the courts of British Columbia. Elastic Path makes no representation that the Community Site or its contents comply with the laws of jurisdictions outside Canada.

If you have any questions regarding these Terms of Use or the Community Site, you may contact Elastic Path at:

Elastic Path Software Inc.
300 – 455 Granville Street
Vancouver, B.C.
Canada V6C 1T1
1(604) 408-8078
1(800) 942-5282 (in North America)

These Terms of Use were last revised September 18, 2012