Access to the content on the Ivanti Technical Community (“Ivanti Technical Community” is defined as all customer forum, knowledgebase, and wiki sites available on the ivanti.com website) is governed and controlled by the same general terms and conditions of use any of Ivanti’s web sites (see https://www.ivanti.com/company/legal). Posting content to the Ivanti Technical Community, however, is prohibited until you have registered to the site and have accepted the additional terms and conditions stated in the Ivanti Technical Community Registration Agreement.
IVANTI TECHNICAL COMMUNITY REGISTRATION AGREEMENT
YOU SHOULD TAKE TIME TO CAREFULLY READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS IVANTI TECHNICAL COMMUNITY REGISTRATION AGREEMENT ("Agreement"). This Agreement provides important information about your ability to post content to the Ivanti Technical Community. If you have any questions about the Agreement, or your rights and responsibilities as a registrant, please submit your questions to Ivanti via email at firstname.lastname@example.org.
1.1. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON AND/OR BY POSTING CONTENT TO THE IVANTI TECHNICAL COMMUNITY, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1.2. MODIFICATIONS. Ivanti reserves the right to change, modify, add or remove portions of this Agreement at any time. You agree to be bound by any subsequent modifications or changes as they become available to you. If Ivanti makes such a change, Ivanti will notify registrants by posting a message to the Ivanti Technical Community indicating that a change to this Agreement has occurred and may provide a link to view the new terms and conditions. In addition, the current version of this Agreement will always be available at www.ivanti.com/support/community/terms.aspx. If this Agreement, or any future changes thereto, are unacceptable to you, or cause you no longer to be in compliance with this Agreement, you must immediately discontinue use and access to the Ivanti Technical Community.
1.3. REGISTRATION INFORMATION. You agree to (a) provide only accurate, complete and current information about yourself in the registration process, and (b) to maintain and update your information to keep it accurate and current. Registrants may maintain only one active registration to the Ivanti Technical Community. BY SUBSCRIBING, YOU WARRANT THAT YOU HAVE NO OTHER REGISTRATION(S) TO THE IVANTI TECHNICAL COMMUNITY. Ivanti reserves the right to deny to anyone access to the Ivanti Technical Community for any or no reason.
1.4. USER NAME AND PASSWORD. As part of the registration process, you will select a user name. Ivanti may, in its sole discretion, refuse to grant you or may require you to change a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right, is vulgar, offensive or objectionable, or may cause confusion. During the registration process, Ivanti will send you an activation link via email. Once you have received your activation link, you may use it to activate your account. You may then log in with your account credentials and post content to the Ivanti Technical Community.
1.5. TEMPORARY SITE. Ivanti is providing the Ivanti Technical Community on a trial and possibly temporary basis and may at any time discontinue, in whole or in part, the Ivanti Technical Community.
1.6. REGISTRANT INFORMATION. Ivanti reserves the right to access and disclose any information, including user names and e-mail addresses, necessary to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its registrants.
1.7. COOKIES. Registrants who have cookies disabled on their web browser may still browse the Ivanti Technical Community, and may even be able to register and post to the site; however, to best experience the Ivanti Technical Community, registrants should have cookies enabled.
2.1. PROPER PURPOSE. The Ivanti Technical Community is provided as an alternative and additional means of technical assistance for Ivanti’s products. The Ivanti Technical Community is NOT intended as a community chat area, for entertainment purposes, or for discussion concerning any business, investment or stock (including any discussion regarding Ivanti, the Ivanti stock, or Ivanti personnel).
2.2. RESPONSIBILITY. You are responsible for all statements, acts, and/or omissions occurring on your account while your password or activation code is being used. You agree not to use the service for any illegal or improper purposes or to publish or transmit material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, pornographic, tortious, improper or otherwise reasonably objectionable, or that infringes or may infringe the intellectual property or other rights of another. You also agree not to use the Ivanti Technical Community to harvest or collect or republish or further distribute information, including technical information or user names, about Ivanti Technical Community registrants for the transmission of junk mail, spam, chain letters or unsolicited distribution of e-mail. YOU AGREE TO WAIVE ANY CLAIMS DEMANDS, LIABILITIES OR DAMAGES AGAINST IVANTI RELATING TO ANY ACTION BY IVANTI WHEN INVESTIGATING A SUSPECTED
2.3. CONTENT CONTROL. You acknowledge and understand that you are accessing content over which Ivanti does not have complete or continuous control. The content on the Ivanti Technical Community is created in part by the registrants and such content is solely their respective responsibility. Consequently, the reliability, accuracy, completeness, ownership, usefulness, and truthfulness of content from a registrant are beyond the control of Ivanti, and Ivanti does NOT endorse or recommend any opinions or recommendations posted by any particular registrant. Similarly, Ivanti has no control—and will accept no responsibility—over whether content from a particular registrant is of a nature that users will find inoffensive, tasteful, helpful and otherwise acceptable. REGISTRANTS COULD PRETEND TO BE PEOPLE THAT THEY ARE NOT OR TO HAVE EXPERTISE THEY DO NOT HAVE. SOME REGISTRANTS MAY HAVE BAD INTENTIONS OR MAY SIMPLY HAVE BAD INFORMATION. YOU SHOULD EXERCISE DISCRETION AND SKEPTICISM BEFORE RELYING ON INFORMATION IN MESSAGES POSTED BY OTHER REGISTRANTS, SINCE IT MAY BE INCORRECT, MISLEADING OR INCOMPLETE. YOU SHOULD MAKE AN INDEPENDENT INVESTIGATION BEFORE MAKING ANY DECISIONS, AND IF YOU RELY ON INFORMATION POSTED BY OTHER REGISTRANTS YOU DO SO SOLELY AT YOUR OWN RISK. If posted information is incorrect, misleading or incomplete, you may make your own posting to so indicate and should notify Ivanti by email at email@example.com.
2.4. REMOVAL OF POSTED CONTENT. Ivanti in its sole discretion may at any time or times edit, delete, remove or monitor any posted content it believes necessary to ensure compliance with this Agreement. In addition, Ivanti reserves the right to refuse or delete any posted content of which it becomes aware and at its sole discretion deems inappropriate or extraneous. Ivanti cannot guarantee that monitoring, if any, of the Ivanti Technical Community will assure that the Ivanti Technical Community does not contain violations of this Agreement. Ivanti reserves the right to delete, or not delete, a user’s account at Ivanti’s sole discretion, as well as to delete, or not delete, content at Ivanti’s sole discretion. In addition, Ivanti may, in its sole discretion, and for any or no reason, terminate your right to post material on the Ivanti Technical Community.
The following actions, among others, may result in removal or editing of messages and/or termination or limitation of your registration:
2.5. COMPLIANCE WITH LAWS. Use of the Ivanti Technical Community is subject to applicable local, state, national and international laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, regulation, or rule. Any posting to the Ivanti Technical Community which constitutes a criminal offense may be reported to the proper authorities together with any information in Ivanti’s possession, use or control which may assist law enforcement authorities in their duties.
2.6. VENDORS. In order to maintain the Ivanti Technical Community as a non-sales, technical assistance environment, we ask that vendors do NOT use the Ivanti Technical Community as a means of posting information concerning non-Ivanti products.
3. PROPRIETARY RIGHTS TO CONTENT
3.1. CONTENT USE. The postings to and content available through the Ivanti Technical Community immediately becomes the property of Ivanti, or its licensors or assigns, when posted and may be protected by intellectual property or other proprietary rights and laws. Content received through the Ivanti Technical Community may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, re-post, distribute, sell, publish, broadcast, create derivative works of, perform or in any way commercially exploit any of the content on the Ivanti Technical Community. You agree not to infringe trademarks or service marks displayed or received through the Ivanti Technical Community.
3.2. PROPIETRARY INFORMATION. No confidential or proprietary information may be posted on the Ivanti Technical Community. Any information or material posted on the Ivanti Technical Community will be deemed NOT to be confidential and to not contain any trade secrets or other intellectual property. By posting any information or material, you grant Ivanti, and its successors and assigns, a non-exclusive, worldwide, fully paid-up, royalty-free, perpetual, non-revocable license to use, reproduce, display, perform, modify, transmit and distribute such information and material. You also agree that Ivanti is free to use, distribute and commercialize for any purpose any ideas, concepts, know-how or techniques that you post to the Ivanti Technical Community and to use, distribute, display, reproduce and create derivative works of such information and material in any and all media, in any manner, in whole or in part, without any duty to account to you or seek permission from you.
3.3. INFRINGEMENT. Ivanti will respond, as it deems appropriate, to claims of intellectual property infringement by any material posted on the Ivanti Technical Community. Please direct any notices of intellectual property infringement to firstname.lastname@example.org. Ivanti will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable state and national or international intellectual property laws. Ivanti may remove, limit or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, or remove, limit or disable access to any reference or link to material or activity that is claimed to be infringing.
4.1. EXTERNAL LINK. Information posted by registrants may contain links, Internet address, email address, or URLs (referred to herein as a “link”) to non-Ivanti Internet sites, other resources or registrants of the Ivanti Technical Community. You understand and agree that a link to any non-Ivanti web site or other resource does NOT mean that Ivanti endorses or accepts any responsibility for the availability, content or use of such web site (including any advertising, products, or other materials on such web sites) or resource. You also understand and agree that Ivanti is not responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available or not available on such web sites. Any concern regarding any external link should be directed to the respective site administrator or webmaster. You must take precautions to ensure that whatever material you select for your use from any web site is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. IN NO EVENT WILL IVANTI BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY USE OR EXISTENCE OF THE IVANTI TECHNICAL COMMUNITY, OR OF ANY HYPER- LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.2. LINKS TO THE IVANTI TECHNICAL COMMUNITY. To obtain permission to link to a Ivanti site contact email@example.com. No trademark or logo of Ivanti may be used as a "hot" link to any Ivanti or other site without the prior written approval of Ivanti.
5. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
5.1. THE IVANTI TECHNICAL COMMUNITY IS PROVIDED "AS IS" AND AS AND WHEN AVAILABLE, WITHOUT WARRANTY OF ANY KIND. USE OF THE IVANTI TECHNICAL COMMUNITY AND THE INFORMATION THEREON IS COMPLETELY AT YOUR RISK AND DISCRETION.
5.2. IVANTI EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENT AND TIMELINESS, OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH OR ON THE IVANTI TECHNICAL COMMUNITY; (B) ANY REPRESENTATION OR WARRANTY THAT THE IVANTI TECHNICAL COMMUNITY AND ITS AVAILABILITY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
5.3. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IVANTI TECHNICAL COMMUNITY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM AND PRODUCTS, INCLUDING ANY IVANTI PRODUCTS YOU USE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
5.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IVANTI OR THROUGH THE IVANTI TECHNICAL COMMUNITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5.5 IN NO EVENT SHALL IVANTI'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00.
5.6. NEITHER IVANTI, NOR ITS OFFICERS, DIRECTORS, OWNERS, AGENTS OR EMPLOYEES, SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR: (A) INJURY RESULTING FROM USE OF THE IVANTI TECHNICAL COMMUNITY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE IVANTI TECHNICAL COMMUNITY AND ANY CONTENT THROUGH THE IVANTI TECHNICAL COMMUNITY; (B) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT; (C) ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE.
5.7. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.8. IVANTI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE TERMINATION OR LIMITATION OF ACCESS TO THE IVANTI TECHNICAL COMMUNITY OR ITS CURRENT OR FORMER CONTENT OR TO ANY CLAIMS RELATED TO SUCH TERMINATION OR LIMITATIONS.
6.1. You agree to defend, indemnify and hold Ivanti, its officers, directors, owners, agents and employees, harmless from any claim, demand, liability, expenses or damages, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Ivanti Technical Community or any information obtained or posted on the Ivanti Technical Community or resulting from any violation of this Agreement by you. Additionally, you agree to indemnify and hold Ivanti harmless from any claims, demands, liabilities or damages against Ivanti relating to any material posted by you, or by use of your user name and password, to the Ivanti Technical Community. If you believe someone has used your password or account without your authorization, you must notify Ivanti immediately at firstname.lastname@example.org. Ivanti reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7.1. GROUNDS. Ivanti may, in its sole discretion, terminate, limit or suspend your access to all or any part of the Ivanti Technical Community for any or no reason, including, without limitation, breach of this Agreement or any subsequent modifications thereto, or attempted assignment of your registration by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities.
7.2. OBJECTION. If you object to any provisions of this Agreement or any subsequent changes thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use and access to the Ivanti Technical Community. Continued use or access to the Ivanti Technical Community is deemed an acceptance of the Agreement and all or any subsequent changes.
8.1. If this Agreement is with Ivanti, Inc. or Ivanti Comércio de Software Brasil Ltda, it will be governed by the laws of the State of Utah without regard to conflict of laws principles and in any dispute arising out of or in connection with the Agreement you consent to the exclusive jurisdiction and venue in the State and Federal courts within Salt Lake County, Utah. If this Agreement is with Ivanti U.K. Ltd. or Ivanti International Limited, it will be governed by the laws of England and Wales without regard to conflict of laws principles and any dispute arising out of or in connection with this Agreement you consent to the exclusive jurisdiction and venue in the courts within London, United Kingdom. If this Agreement is with Ivanti Software K.K., it will be governed by the laws of Japan without regard to conflict of laws principles and any dispute arising out of or in connection with the Agreement you consent to the exclusive jurisdiction and venue in the courts within Tokyo, Japan . If this Agreement is with Ivanti Software (Beijing) Co., Ltd., it will be governed by the laws of China without regard to conflict of laws principles and any dispute arising out of or in connection with the Agreement you consent to the exclusive jurisdiction and venue in the courts within Beijing, China. The United Nations Convention for the International Sale of Goods shall not apply to this Agreement.