Website Terms of Service
Last updated: May 2018
1. Acceptance of Terms of Service
These D2iQ Website Terms of Service (the "Terms of Service") govern your use of the D2iQ website located at www.d2iq.com and its related websites, including but not limited to www.dcos.io website (collectively, the "Website"). The Website is the property of D2iQ, Inc. ("D2iQ") and its licensors. By using or visiting the Website, you agree to comply with, and be bound by, these Terms of Service and all applicable laws and regulations. The terms "we," "us," "our," and "ours" refer to D2iQ. The terms "you," "your," and "yours" refer to the user or viewer of the Website.
By using the Website, you represent that (1) you have read, understand, and agree to be bound by these Terms of Service, (2) you are of legal age to form a binding contract with D2iQ, (3) all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information, (4) your registration does not and will not violate any applicable law or regulation, and (5) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, "you," "your," and "yours" will refer to the entity you are representing.
The Website is not intended for use by children, and those under the age of 13 should not proceed to use the Website. We do not knowingly collect personally identifiable information from children under 13 years of age.
D2iQ reserves the right, at its sole discretion, to change, modify, add to or remove portions of these Terms of Service at any time without notice. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, D2iQ grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website as permitted by these Terms of Service.
Please review these Terms of Service carefully. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE, AND SHOULD IMMEDIATELY EXIT, THE WEBSITE.
All information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (the "Materials"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Materials (together with the Materials, collectively, the "Content"), contained on the Website, regardless of its source or creation, is owned, controlled or licensed by or to D2iQ, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and D2iQ reserves and retains all rights in and to such Content.
The name and mark "D2iQ" and any other names, marks, logos, graphics, designs, webpage designs, and icons of D2iQ used in connection with the Website are registered or unregistered trademarks, service marks, or trade dress of D2iQ (the "Marks"). You may not use the Marks other than in connection with any incidental use as necessary to view and access the Website. Without limiting the foregoing, you agree not to use any of the Marks or to use or register any other names or marks that are similar to, or likely to cause confusion with, any of the Marks.
If you register to use any interactive public areas or portions of the Website (collectively, the "Interactive Portions"), you may have access and be exposed to user community-generated content, information, data, text, software, music, sound, photographs, video, messages, tags or other materials including, without limitation, other users' contributions of any of the foregoing made available on the Website (the "Community Content").
Your rights to access, use, copy and distribute any Community Content, is subject to the relevant terms and conditions or license agreement attached to such Community Content, if any. If there are no specific terms and conditions or license agreement attached to such Community Content, the licenses and restrictions set forth in these Terms of Service will apply.
We may perform, but assume no responsibility for, pre-screening or monitoring of the Website for inappropriate Community Content or conduct of users using the Interactive Portions. If, at any time, D2iQ chooses, in its sole discretion, to monitor or moderate the Website, we nonetheless assume no responsibility for Community Content, no obligation to modify or remove any inappropriate Community Content, and no responsibility for the conduct of the user submitting any such Community Content.
D2iQ does not control the Community Content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Community Content. Views expressed by users through Community Content do not necessarily reflect D2iQ' views, and D2iQ does not endorse Community Content posted by you or others.
Despite the prohibitions and guidelines that we set out in these Terms of Service, Community Content provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service. Under no circumstances will D2iQ be liable in any way for any Community Content or your use or application thereof, including, but not limited to, liability for any errors or omissions in any Community Content or for any loss or damage of any kind incurred as a result of the use of such Community Content. You must evaluate, and bear all risks associated with, the use of such Community Content, including any reliance on its accuracy, completeness, or usefulness. By using the Website, you may be exposed to Community Content that you find to be offensive, indecent or objectionable. Your use of the Website and its content is at your own risk. If you become aware of misuse of the Website or its features by any person, please contact us at: legal@D2iQ.com. Notwithstanding anything herein to the contrary, we reserve the right, at any time and subject to applicable laws, to remove, reject or refuse to post any Community Content which we deem offensive, objectionable, illicit, indecent, false or misleading, inappropriate, illegal, or otherwise contrary to or inconsistent with the purpose of the Community Forum.
3. Your Use of the Website
You may use information on D2iQ products and services (such as data sheets, knowledge base articles, and similar materials) purposely and explicitly made available by D2iQ for downloading from the Website, provided that you (1) retain and do not remove proprietary notice language from any copies of such documents, (2) use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties to any other party relating to such documents.
Except solely as necessary for you to access the Website for its intended purpose, you may not copy, modify, create derivative works of, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, sublicense, transfer, dispose of, or sell the Content or any portion or components of the Website. You further agree not to reverse engineer, decompile or disassemble any portion of the Website except as, and solely to the extent, expressly authorized under applicable law overriding any of these restrictions. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied licenses or licenses granted by estoppel or otherwise.
You may not:
– use any "deep-link", "page-scrape", "robot", "spider" or other automated device, program, algorithm or methodology, or any similar or equivalent manual process (a) to access, acquire, copy, interrupt, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, or (b) to obtain or attempt to obtain any materials, documents or information through any means not purposely and explicitly made available through the Website;
– attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any D2iQ server, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
– frame or mirror any part of the Website;
– probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
– take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or D2iQ' systems or networks, or any systems or networks connected to the Website;
– use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
– forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to D2iQ on or through the Website or any Service offered on or through the Website;
– hold yourself out as, or pretend that you are or that you represent, someone else, or impersonate any other individual or entity, including, but not limited to, D2iQ and its employees; or
– use the Website or any Content, or post any messages or content, for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of D2iQ or others.
If you register to access and use Interactive Portions, we may allow you to post or upload content for display on the Website. This may be in the form of participation in support forums, responses to blog posts, or other discussion threads and through other means. If we allow you to access and use such features, please choose carefully the content and information you post on the Website, provide to other users, or otherwise make available through the Website. Your use of is subject to these Terms of Service and our Privacy Notice available at https://www.d2iq.com/privacy. By accessing Interactive Portions, you acknowledge that you are solely liable and responsible for how you use the Interactive Portions, any Community Content that you post on or through the Website, any material or information that you transmit to other users, for your interactions with other users, as well as any damages that may result from any of the foregoing.
While using the Website you must comply with all applicable laws, rules and regulations. In addition, D2iQ expects users of the Website to respect the rights and dignity of others. You agree that you will not:
– Post, transmit, or otherwise make available, through or in connection with the Website:
— Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right of another party (including, if applicable, your employer) without the express prior written consent of the owner of such right.
— Any material that would give rise to criminal or civil liability or that encourages or incites conduct that constitutes a criminal offense.
— Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
— Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation, including, but not limited to, communications in violation of the CAN-SPAM Act.
– Harvest or collect personally identifiable information or financial information about other users of the Website.
You acknowledge and agree that D2iQ reserves the right (but has no obligation) to disclose any Community Content, and the circumstances surrounding its transmission, to any third party (a) in order to operate the Website, (b) in order to protect D2iQ, its suppliers or licensees and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, and the Website's users and visitors, (c) to comply with legal obligations or governmental requests, (d) to enforce these Terms of Service, or (e) for any other reason or purpose.
D2iQ disclaims any responsibility for the Community Content displayed on its Website. D2iQ assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Community Content or other user information or personalization settings.
We reserve the right, in our sole discretion, to (a) reject, refuse to post, or remove any posting by you, including, without limitation anything you post or attempt to post in Interactive Portions ("Your Community Content"), that in the sole judgment of D2iQ violates these Terms of Service or our Privacy Notice and (b) deny, restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Website if we determine, in our sole discretion, that you have violated these Terms of Service, pose a threat to us, our suppliers or our users, or for any other purpose we determine in our sole discretion.
D2iQ does not, by virtue of these Terms of Service, claim any ownership rights in your Community Content. After posting your Community Content to the Community Forum, you continue to retain any such rights that you may have in your Community Content, subject to the licenses set forth herein. By displaying, publishing or uploading your Community Content on the Community Forum, or otherwise submitting your Community Content to us, you acknowledge that your Community Content is non-confidential and automatically grant to D2iQ and its affiliates an irrevocable, perpetual, worldwide, fully-paid up, royalty-free, non-exclusive license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, distribute, make, have made, offer for sale, sell (and to sublicense the foregoing rights through multiple tiers of licensees) your Community Content on or through the Website for any reason and in connection with creating, advertising, and promoting the Website (including, for example, through screen shots and blogs) and/or our products and services in any format and through any means now existing or developed in the future. In addition, you represent and warrant that all so-called moral rights in your Community Content have been waived.
D2iQ respects the intellectual property of others and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available through the Website any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. You represent and warrant that: (i) you own Your Community Content posted by you on or through the Website or otherwise have the right to grant the licenses set forth above, and (ii) the posting of Your Community Content on or through the Website does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity or otherwise violate any applicable laws, rules or regulations. You agree to be fully responsible for, and to pay any and all royalties, fees, damages, and any other monies owing any person or entity by reason of, any content posted by you. We reserve the right to terminate access to all or any part of the Website for anyone we suspect to be an infringer of our or any third party's intellectual property rights of any kind whatsoever.
From time to time, we may remove Content or Community Content, including Your Community Content, from the Website, permanently or temporarily, provided that even if we do remove such Content or Community Content from the Website, we shall have no obligation to cease our other uses of the Community Content as permitted above.
We have no obligation to store any of Your Community Content. We have no responsibility or liability for the deletion or failure to store, transmit or receive transmission of Your Community Content, nor do we have any responsibility for the security, privacy, storage or transmission of other communications originating with or involving use of the Website, except as may be expressly stated in these Terms of Service or our Privacy Notice.
4. Commercial Transactions
Additional terms and conditions may apply to purchases of products or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for, or applicable to, a specific portion of the Website or for any products or services offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific products or services.
D2iQ' obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements. Nothing herein shall be construed to obligate D2iQ to enter into or engage with you on any commercial transaction.
D2iQ may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and D2iQ makes no commitment to update the materials on the Website with respect to such products and services.
5. Accounts, Passwords and Security
Certain features or services offered on or through the Website may require you to register for and open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify D2iQ immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by D2iQ or any other user of, or visitor to, the Website due to someone else using your ID, password or account.
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. D2iQ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Registration for an account is void where the user lacks the eligibility for registration or such registration is otherwise prohibited. A person who is eligible and desires to create an account may, upon consenting to these Terms of Service, submit an application to register in accordance with the procedures set forth by D2iQ. D2iQ reserves the right, in its sole discretion, to deny, restrict, suspend, discontinue, or terminate your account, with or without prior notice or explanation, for any or no reason, without any liability to you.
D2iQ' Privacy Notice applies to use of the Website, and its terms are incorporated into these Terms of Service by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. By using the Website, you consent to have your personal data transferred to, and processed by, D2iQ.
7. Third Party Websites
8. Warranty Disclaimer
D2iQ has no special relationship with or fiduciary duty to you. You acknowledge that D2iQ has no control over, and no duty to take any action regarding: which users gain access to the Website; what Content you access via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release D2iQ from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. D2iQ makes no representations concerning any content contained in or accessed through the Website, and D2iQ will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM D2IQ OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT USE OF THE WEBSITE OR ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL D2IQ OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SOFTWARE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND D2IQ'S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
By submitting ideas, feedback, suggestions, documents, and/or proposals ("Contributions”) to D2iQ through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information of yourself or any third party; (b) D2iQ is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) D2iQ shall be entitled to exploit, use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) D2iQ may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of D2iQ without any obligation of D2iQ to you; and (f) you are not entitled to any compensation or reimbursement of any kind from D2iQ under any circumstances.
You agree to indemnify, defend and hold harmless D2iQ, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any and all claims, demands, losses, damages, costs and liability, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or in connection with (a) your use of the Website, including without limitation Your Community Content or Contributions submitted through the Website, (b) your breach of these Terms of Service, including your breach of any covenant, representation, warranty, term, or condition set forth herein, including, without limitation, the obligations set out in the section "Your Use of the Website,” or (c) your violation of any law or regulation or of any third party rights, including infringement, libel, misappropriation, or other violation of any third party's intellectual property or other legal rights. D2iQ reserves the right, however, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with D2iQ's defense of such claim, and in no event may you agree to any settlement affecting D2iQ without D2iQ' written consent.
12. Suspension or Termination of Access to the Website
You agree that D2iQ may, in its sole discretion and with or without prior notice, suspend or terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Service. Additionally, D2iQ may, in its sole discretion and with or without prior notice, suspend or terminate your access to the Website for cause, including, but not limited to, the following reasons: (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Website or any Service offered on or through the Website, (3) unexpected technical issues or problems, or (4) a request by you to terminate your account.
13. DMCA Notice of Infringement
D2iQ respects the intellectual property rights of others, and we expect users of our Website do the same.
If you believe that the use or display of any Content on the Website infringes any copyright that you own or control, please contact D2iQ' designated agent for copyright claims at:
225 Bush St., Sute 700
San Francisco, CA 94104
Attn: Legal Department
When providing notification of alleged infringement of a copyright that you own or control ("DMCA Notice”), please provide D2iQ' designated agent the following information:
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
- A description of where the material that you claim is infringing is located, such as the URL where it is posted;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
14. Governing Law; Disputes
These Terms of Service and the relationship between you and D2iQ shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, not withstanding your actual place of residence. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
15. Export Control
You acknowledge and agree that products, services and technology provided by D2iQ are subject to the export control laws and regulations of the United States. You agree to comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Website or any portions or Content thereof, either directly or indirectly, to any country in violation of such laws and regulations. You may not use, export, import or transfer the the Website or any portions or Content thereof except as authorized by U.S. law, the laws of the jurisdiction in which you obtained access, and any other applicable laws. In particular, but without limitation, the the Website and any portions or Content thereof may not be exported or re-exported (a) into any United States 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's Denied Persons List or Entity List. By using the Website, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also acknowledge and agree that you may not use the Website or any portions or Content thereof for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
The Website contains forward-looking statements involving risks and uncertainties. Such forward-looking statements generally relate to future events, our ability to increase the number of support subscription customers, the growth in usage, our ability to innovate and develop the various sfotware projects that will enhance the capabilities of DC/OS and our other supported products, anticipated customer benefits and general business outlook. In some cases, you can identify forward-looking statements because they contain words such as “may,” “will,” “should,” “expects,” “plans,” “anticipates,” “could,” “intends,” “target,” “projects,” “contemplates,” “believes,” “estimates,” “predicts,” “potential” or “continue” or similar terms or expressions that concern our expectations, strategy, plans or intentions. You should not rely upon forward-looking statements as predictions of future events. We have based the forward-looking statements contained on the Website primarily on our current expectations and projections about future events and trends that we believe may affect our business, financial condition and prospects. We cannot assure you that the results, events and circumstances reflected in the forward-looking statements will be achieved or occur, and actual results, events, or circumstances could differ materially from those described in the forward-looking statements.
The forward-looking statements made on the Website relate only to events as of the date on which the information is posted, and we undertake no obligation to update any such information.
The names Apache, Apache Mesos, and Mesos, as well as the Apache project logos are either registered trademarks or trademarks of the Apache Software Foundation in the United States or other countries.