Last updated: May, 2018
We reserve the right at any time, with or without cause, to:
- change the terms and conditions of this Agreement, provided that notice of change shall be posted with the new terms and conditions of this Agreement;
- change the Applications, including eliminating or discontinuing any Information or Services or other feature of the Applications; and
- deny or terminate your use of and/or access to the Applications.
Any changes we make will be effective immediately upon our making such changes available on the Applications or otherwise providing notice thereof. You agree that your continued use of the Applications after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
No Use by Children Under 18
You hereby affirm that you are over the age of 18. Children under the age of 18 are not eligible to use the Applications unsupervised as the Applications are not intended for children under 18. If you are under the age of 18, then you may only use the Applications in conjunction with and under the supervision of your parents or guardians. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Permitted Use of Services and Information
The services made available on, by or through this website and Mellanox’s mobile applications, which include or may include, without limitation, registration, member-to-member messaging, Mellanox Community, and Mellanox Academy, MyMellanox, Mellanox Store or PartnerFirst (collectively, the “Services”), as well as any information provided on, by or through the Applications or as part of or in connection with the Services or otherwise, including, but not limited to, data, text, graphics, designs, logos, images, sounds, music, other audio/visual materials, links, references, artwork, and computer code (collectively, the “Information”), are provided for personal use only.
In addition to personal use, Mellanox permits limited use and reproduction of the Information solely for editorial use by industry analysts provided that (a) such use is not used to promote or sell any product or technology (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise) without prior written consent from Mellanox; (b) you retain all trademark, copyright, and other proprietary notices contained in the original materials; (c) you provide attribution to Mellanox as “Courtesy of Mellanox Technologies;” (d) you do not alter or modify the Information in whole or in party; and (e) any such copies are subject to the terms and conditions of this Agreement.
You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Mellanox promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Mellanox or others.
If and when you register with or provide information to Mellanox, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your use of the Applications.
As a registered user, you will have login information, including a username and password. Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party. You will be responsible for all activity that occurs under your access credentials; you should, therefore, preserve the confidentiality of your username and password. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party, you should immediately notify Mellanox through the form at https://mellanox.secure.force.com/inquiry. You are solely responsible for your own losses or losses incurred by Mellanox and others due to any unauthorized use of your Account. Mellanox will not be liable for any losses caused by any unauthorized use of your Account.
Some features of the Applications or Services may allow you to link your Account on the Applications or Services to your accounts on third-party services, such as social media services. If you link your Account on the Applications or Services to an account on a third-party service (such as Facebook, Google), you are authorizing Mellanox to store and use your access credentials to access your Account on your behalf as your agent and to integrate your experience with the Applications with content, information and features available through such third-party services.
Use of a third-party service through the Applications in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third-party terms.
Postings and Other Submissions
Mellanox acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to Mellanox in the paragraph above, and that no ownership of such copyrights is transferred to Mellanox under these terms.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this Agreement, from that person.
You further agree that we may use any Content that you post or provide in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such Content will not be offensive, defamatory or objectionable. You agree that Mellanox is not responsible for, and does not endorse, Content posted within the Applications. Mellanox does not have any obligation to prescreen, monitor, edit or remove any Content. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to remove or delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Applications.
You agree that we may send you communications (via email or through the Applications) regarding your use of the Applications and/or certain features of the Applications in which you may be interested. To the extent you have opted to receive communications, updates and newsletters, you hereby authorize Mellanox, or those engaged on Mellanox’s behalf, to deliver such communications to you via email or through the Applications.
Acceptable Use Policy
You agree not to use the Applications to post any Content or take any action or actions that:
- infringe, dilute, misappropriate, or otherwise violate any of our privacy, intellectual property, publicity, or other personal rights, including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names);
- express or imply that any of your statements, activities, or causes are endorsed by Mellanox, without our prior written consent in each instance;
- violate any applicable law, statute, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- are obscene, libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, or pornographic, or that advocates violence;
- transmit any trade secret or other material, non-public information about any person, company, or entity without the authorization to do so;
- bypass the measures we may use to prevent or restrict access to the Applications, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Applications or the content therein;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Applications or Information or otherwise attempt to extract the source code of the software underlying the Applications or any part thereof unless expressly permitted or required by law, and in any case, without providing prior written notice to Mellanox;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Applications;
- sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Applications, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
- copy, "frame" or "mirror" any part of the Applications without our prior written authorization;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CANSPAM Act of 2003);
- attempt to disrupt, degrade, impair or violate the integrity, functionality or security of the Applications or the computers, services, Accounts or networks of any other party (including, without limitation, "hacking," "denial of service" attacks, etc.);
- manipulate identifiers in order to disguise the origin of any submission;
- use the Applications for any commercial solicitation purposes; and/or
- harvest or collect information about any Applications visitors or members, including any personally identifiable information, without their express consent.
Improper use of the Applications may result in termination of your access to and use of the Applications, and/or civil or criminal liabilities.
Ownership and Intellectual Property
The Applications are owned by Mellanox or Mellanox’s licensors, partners, or suppliers (as applicable), and the Applications (and any intellectual property and other rights relating thereto) are and will remain the property of Mellanox or Mellanox’s licensors, partners, or suppliers (as applicable). The Applications may be protected by U.S. and international copyright, trademark, trade dress, and other intellectual property and unfair competition laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights in the Applications by using the Applications.
Except as otherwise required by applicable law or provided in the Agreement, no part of any copyrighted material may be reproduced, modified, translated, distributed, published, or transmitted by any means, electronic or mechanical, for any purpose, without our prior, written authorization or, if owned by a third party, the prior, written authorization of such third party.
A full list of trademarks owned by Mellanox is available at www.mellanox.com/page/trademarks. All other trademarks are property of their respective owners.
Claims of Copyright and Trademark Infringement
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Mellanox infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works located on the Applications are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Mellanox to locate the material on the Applications; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If Mellanox determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Mellanox reserves the right to continue to display such materials absent a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Mellanox may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Applications must meet the then-current statutory requirements imposed by the DMCA (see https://www.copyright.gov/title17/92appb.html for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
DMCA Compliance Manager
Mellanox Technologies, Inc.
350 Oakmead Parkway, Suite 100
Sunnyvale, CA 94085
Term and Termination of Use
This Agreement is effective from the date that you first access the Applications or submit any information to Mellanox, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Mellanox may immediately terminate this Agreement, and/or your access to and use of the Applications, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Mellanox may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Applications shall immediately cease. All disclaimers and all limitations of liability and all Mellanox rights of ownership shall survive any termination. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Applications, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Mellanox to maintain and support the Applications, or any part or portion thereof, during the term of this Agreement.
Code of Ethics
Mellanox is dedicated to conducting its business consistent with the highest standards of business ethics. We have an obligation to our employees, shareholders, customers, suppliers, community representatives and other business contacts to be honest, fair and forthright in all of our business activities.
Mellanox's Code of Business Conduct and Ethics contains general guidelines for conducting the business of Mellanox consistent with the highest standards of business ethics. To the extent this Code requires a higher standard than required by commercial practice or applicable laws, rules or regulations, we adhere to these higher standards. This Code applies to all of our directors, officers and employees.
THE APPLICATIONS, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND APPLICATIONS ARE CURRENT AND/OR UP TO DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE APPLICATIONS, OR YOUR USE OF THE APPLICATIONS, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE APPLICATIONS, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE APPLICATIONS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE APPLICATIONS EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATIONS AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER MELLANOX NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE APPLICATIONS, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE APPLICATIONS, THE INFORMATION, SERVICES OR ANY LINKED WEBSITE IS TO STOP USING THE APPLICATIONS, SERVICE OR LINKED WEBSITE, AS APPLICABLE. NEITHER MELLANOX NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE APPLICATIONS BY THIRD PARTIES.
NEITHER MELLANOX, ITS AFFILIATES, LICENSORS NOR THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES NOR ALL OTHER RELATED PERSONS OR ENTITIES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APPLICATIONS, AND YOU HEREBY RELEASE THE FOREGOING PARTIES FROM ANY LIABILITY RELATED THERETO. MELLANOX, ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE APPLICATIONS.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR CONTENT) OR ANY THIRD-PARTY PROVIDER, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE MELLANOX, ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Notice for California Users
Under California Civil Code Section 1789.3, California Applications users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Mellanox makes no representation that the Applications operate (or are legally permitted to operate) in all geographic areas or that the Applications are appropriate or available for use in other locations. Accessing the Applications from territories where the Applications or any content or functionality of the Applications or portion thereof is illegal is expressly prohibited. If you choose to access the Applications, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The Applications are operated from the United States and other countries. If you are located outside of the United States and choose to use the Applications or provide your Content to us, your Content will be transferred, processed, and stored in the United States. U.S. privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement followed by your submission of your Content in connection with the Applications represents your agreement to this practice. If you do not want your Content transferred to or processed or stored in the United States, you should not use the Applications.
Dispute Resolution/Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. For any dispute you have with Mellanox, you agree to first contact us and attempt to resolve the dispute with us informally. If Mellanox has not been able to resolve the dispute with you informally, you and Mellanox agree that any controversy or claim arising out of or relating use of the Applications, or the breach thereof, will be settled by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in San Jose, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California without regard to California's conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Venue will lie exclusively in the federal and state courts of San Jose, California. For the sake of clarity, nothing in this paragraph shall affect Mellanox's ability to seek from a court injunctive or equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MELLANOX ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by Mellanox as provided herein or otherwise by written instrument signed by Mellanox. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Mellanox's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Mellanox may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
THIS WEBSITE IS OPERATED BY
Mellanox Technologies, Inc.
350 Oakmead Parkway, Suite 100
Sunnyvale, CA 94085
Copyright © 1999 - 2019 by Mellanox Technologies, Ltd. All rights reserved.