As part of the registration process, you may be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is offensive, or may cause confusion, as determined by us in Solarflare’s sole discretion. You shall be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by notifying us of the problem by emailing us at email@example.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Code of Conduct.
(collectively, the “Codes of Conduct”):
• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
• Disguise the origin of information transmitted through the Site;
• Use the Site, the products and services described on or offered through the Site, or the Materials for any unlawful purpose in any unlawful manner;
• Express or imply that any statements you make are endorsed by us, without Solarflare’s prior written consent;
• Transmit data, information or material that (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (b) violates any law, rule or regulation, or is otherwise objectionable; (c) is incomplete, fraudulent, false or misleading; (d) is non-public information about companies without the authorization to do so; or (e) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication;
• 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, sub-license, 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;
• “Frame” or “mirror” any part of the Site without Solarflare’s express 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;
• Harvest or collect information about Site visitors or members without their express consent;
• Take any action that imposes an unreasonable or disproportionately large load on Solarflare’s infrastructure;
• Access, reload or “refresh” transactional event pages, or make any other request to transactional servers, more than once during any three second interval;
• Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals; or
• Access the Site or the services offered through the Sire in any way that, in Solarflare’s judgment, adversely affects Solarflare, the Sire or the services offered through the Site.
While using the Site, the products and services described on or offered through the Site and the Materials, you shall comply with all applicable laws, ordinances, rules and regulations.
5. Compliance with Laws. You shall use the Site and the products and services described on or offered through the Site in strict compliance with all applicable laws, ordinances, rules and regulations and in a manner that does not, in the sole judgment of Solarflare, negatively reflect on the goodwill or reputation of Solarflare, or its products or services, and shall take no actions which would cause Solarflare to be in violation of any laws, ordinances, rules or regulations.
6. Information Provided by Solarflare. Although Solarflare strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Solarflare endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
In addition, portions of the Materials have been contributed to the Site by various entities and service providers. The inclusion of such information does not indicate any approval or endorsement thereof, and Solarflare expressly disclaims any liability with respect to the foregoing.
7. Submissions. Solarflare does not accept ideas, concepts, or techniques for new services or products through the Site (“Submissions”). If such Submissions are received, you acknowledge and agree that (a) such Submissions shall not be considered confidential or proprietary, and (b) Solarflare, its affiliates, licensors, suppliers, advertisers and sponsors, and Solarflare’s and their directors, officers, employees, consultants, agents and other representatives shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Submissions.
9. Inbound Links. Linking to any page of the Site other than to http://www.solarflare.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Solarflare. Any Internet web sites or other device that links to http://www.solarflare.com or any page available thereon is prohibited.
10. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998
(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 Solarflare infringe your copyright, 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 claimed to have been infringed (or if multiple copyrighted works located on the Site 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 Solarflare to locate the material on the Site; (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 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 you believe in good faith that a notice of copyright infringement has been wrongly filed by Solarflare against you, the DMCA permits you to send Solarflare a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Solarflare Communications, Inc., 9501 Jeronimo Road, Suite 100, Irvine, California 92618, USA. 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.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Solarflare, Solarflare’s licensors and suppliers, and others. The Trademarks owned by Solarflare, whether registered or unregistered, may not be used in connection with any product or service that is not Solarflare’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Solarflare Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the prior express written permission of Solarflare, Solarflare’s licensors or suppliers, or the third party owner of any such Trademarks (as applicable). Misuse of any Trademarks is prohibited, and Solarflare shall aggressively enforce its intellectual property rights in such Trademarks, including, without limitation, by instituting civil and criminal proceedings.
12. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with applicable local laws, ordinances, rules and regulations.
We reserve the right to limit the availability of the Site, the Materials and/or the provision of any product or service described thereon to any person, geographic area or jurisdiction, at any time and in Solarflare’s sole discretion, and to limit the quantities of any such product or service.
14. Disclaimers. ACCESS OR USE OF THE SITE AND ITS SERVICES ARE AT YOUR SOLE RISK. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE DESCRIBED ON OR OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOLARFLARE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, 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. SOLARFLARE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE SHALL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS SHALL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS 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 YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SOLARFLARE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOLARFLARE SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF SOLARFLARE’S SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SOLARFLARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SOLARFLARE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,(IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.
SOLARFLARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE AND SOLARFLARE SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site or Materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Materials. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at firstname.lastname@example.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see Section 10 above.
15. Limitation of Liability. NEITHER SOLARFLARE NOR ANY OF SOLARFLARE’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR SOLARFLARE’S OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, 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, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SOLARFLARE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(c) your activities in connection with the Site.
If you have a dispute with one or more third party service providers, you release Solarflare (and its affiliates, and their respective directors, officers and employees) from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive all rights under California Civil Code Section 1542, which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Solarflare Communications, Inc. 7505 Irvine Center Drive, Suite 100 Irvine, California 92618, USA USA
Phone: (949) 581-6830
Fax: (949) 727-4283
19. Notice for California Users. Under California Civil Code Section 1789.3, California Site 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.