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submit or publish on the Confluent Hub, any materials you provide to be
distributed as Components, your use of the Confluent Hub.
8. No Warranty The Website is provided on an “as is” and “as available” basis.
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To the maximum extent permitted by applicable law, Confluent assumes no
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10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
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give rise to personal jurisdiction over us, either specific or general, in
jurisdictions other than California. This Agreement shall be governed by the
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conflict of laws principles. The parties acknowledge that this Agreement
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preceding sentences with respect to the substantive law, any arbitration
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Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly
excluded. You agree to submit to the personal jurisdiction of the federal and
state courts located in Santa Clara County, California for any actions for which
we retain the right to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a our copyrights, trademarks, trade secrets,
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the Arbitration provision below, including any provisional relief required to
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proceedings in the event that the arbitration provision below is found to be
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arbitrate their disputes and limits the manner in which you can seek relief from
Confluent. For any dispute with Confluent, you agree to first contact us at
contact@confluent.io and attempt to resolve the dispute with us informally. In
the unlikely event that Confluent has not been able to resolve a dispute it has
with you after sixty (60) days, we each agree to resolve any claim, dispute, or
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provided below) arising out of or in connection with or relating to this
Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by
binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures
then in effect for JAMS, except as provided herein. JAMS may be contacted at
www.jamsadr.com. The arbitration will be conducted in Santa Clara County,
California, unless you and Confluent agree otherwise. If you are using the
Website for commercial purposes, each party will be responsible for paying any
JAMS filing, administrative and arbitrator fees in accordance with JAMS rules,
and the award rendered by the arbitrator shall include costs of arbitration,
reasonable attorneys’ fees and reasonable costs for expert and other witnesses.
If you are an individual using the Website for non-commercial purposes: (i) JAMS
may require you to pay a fee for the initiation of your case, unless you apply
for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by
the arbitrator may include your costs of arbitration, your reasonable attorney’s
fees, and your reasonable costs for expert and other witnesses; and (iii) you
may sue in a small claims court of competent jurisdiction without first engaging
in arbitration, but this does not absolve you of your commitment to engage in
the informal dispute resolution process. Any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction. Nothing in
this Section shall be deemed as preventing Confluent from seeking injunctive or
other equitable relief from the courts as necessary to prevent the actual or
threatened infringement, misappropriation, or violation of our data security,
Intellectual Property Rights or other proprietary rights.
C. Class Action/Jury Trial Waiver. With respect to all persons and entities,
regardless of whether they have obtained or used the Website for personal,
commercial or other purposes, all claims must be brought in the parties’
individual capacity, and not as a plaintiff or class member in any purported
class action, collective action, private attorney general action or other
representative proceeding. This waiver applies to class arbitration, and, unless
we agree otherwise, the arbitrator may not consolidate more than one person’s
claims. You agree that, by entering into this Agreement, you and Confluent are
each waiving the right to a trial by jury or to participate in a class action,
collective action, private attorney general action, or other representative
proceeding of any kind.
11. General
A. Assignment. This Agreement, and any rights and licenses granted hereunder,
may not be transferred or assigned by you without our prior written consent, but
may be assigned by Confluent without restriction. Any attempted transfer or
assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement. Confluent may provide
notifications, whether such notifications are required by law or are for
marketing or other business related purposes, to you via email notice, written
or hard copy notice, or through posting of such notice on our Website, as
determined by Confluent in our sole discretion. Confluent reserves the right to
determine the form and means of providing notifications to our Users, provided
that you may opt out of certain means of notification as described in this
Agreement. Confluent is not responsible for any automatic filtering you or your
network provider may apply to email notifications we send to the email address
you provide us. Confluent may, in its sole discretion, modify or update this
Agreement from time to time, and so you should review this page periodically.
When we change the Agreement in a material manner, we will update the ‘last
modified’ date at the bottom of this page and notify you that material changes
have been made to the Agreement. Your continued use of the Website after any
such change constitutes your acceptance of the new Terms of Use. Any changes
will take effect 30 days after they are posted. If you do not agree to any of
these terms or any future Terms of Use, do not use or access (or continue to
access) the Website.
C. Entire Agreement/Severability. This Agreement, together with any amendments
and any additional agreements you may enter into with Confluent in connection
with the Website, shall constitute the entire agreement between you and
Confluent concerning the Website. There are no third-party beneficiaries to this
Agreement. If any provision of this Agreement is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall remain in
full force and effect, except that in the event of unenforceability of the
universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall
be unenforceable. This Agreement will be binding upon and inure to the benefit
of the parties hereto, their successors, and permitted assigns. Except set forth
in the section above entitled “Changes to Agreement”, all amendment to this
Agreement must be made in writing signed by both parties.
D. No Waiver. No waiver of any term of this Agreement shall be deemed a further
or continuing waiver of such term or any other term, and Confluent’s failure to
assert any right or provision under this Agreement shall not constitute a waiver
of such right or provision.
E. Contact. Please contact us at contact@confluent.io with any questions
regarding this Agreement.
F. California Residents. The provider of services is: Confluent, Inc., 899 W
Evelyn Avenue, Mountain View, CA 94041, phone +1 800 439 3207. If you are a
California resident, in accordance with Cal. Civ. Code §1789.3, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs by contacting them in writing
at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at
(800) 952-5210 or (916) 445-1254.
This Agreement was last modified on 7 September 2020.
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