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liability arising from your use of any third-party website, service, or content.
Additionally, your dealings with or participation in promotions of advertisers
found on the Website, including payment and delivery of goods, and any other
terms (such as warranties) are solely between you and such advertisers. You
agree that Confluent shall not be responsible for any loss or damage of any sort
relating to your dealings with such advertisers.
7. Indemnity You agree to defend, indemnify and hold harmless Confluent and its
subsidiaries, agents, licensors, managers, and other affiliated companies, and
their employees, contractors, agents, officers and directors, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney’s fees) arising from: (i)
your use of and access to the Website, including any data or content transmitted
or received by you; (ii) your violation of any term of this Agreement, including
without limitation your breach of any of the representations and warranties
above; (iii) your violation of any third-party right, including without
limitation any right of privacy or intellectual property rights; (iv) your
violation of any applicable law, rule or regulation; (v) any content that is
submitted by you or someone on your behalf, including without limitation
misleading, false, or inaccurate information; (vi) your willful misconduct; or
(vii) any other party’s access and use of the Website with your unique username,
password or other appropriate security code; or (vii) arising out of Content you
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.
Use of the Website is at your own risk. To the maximum extent permitted by
applicable law, the Website is provided without warranties of any kind, whether
express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. No
advice or information, whether oral or written, obtained by you from Confluent
or through the Website will create any warranty not expressly stated herein.
Without limiting the foregoing, Confluent, its subsidiaries, its affiliates, and
its licensors do not warrant that the content is accurate, reliable or correct;
that the Website will meet your requirements; that the Website will be available
at any particular time or location, uninterrupted or secure; that any defects or
errors will be corrected; or that the Website is free of viruses or other
harmful components. Any content downloaded or otherwise obtained through the use
of the Website is downloaded at your own risk and you will be solely responsible
for any damage to your computer system or mobile device or loss of data that
results from such download or your use of the Website.
Confluent does not warrant, endorse, guarantee, or assume responsibility for any
product or Website advertised or offered by a third party through the Website or
any hyperlinked Website or Website, and Confluent will not be a party to or in
any way monitor any transaction between you and third-party providers of
products or services.
Federal law, some states, provinces and other jurisdictions do not allow the
exclusion and limitations of certain implied warranties, so the above exclusions
may not apply to you. This Agreement gives you specific legal rights, and you
may also have other rights which vary from state to state. The disclaimers and
exclusions under this Agreement will not apply to the extent prohibited by
applicable law.
9. Limitation of Liability To the maximum extent permitted by applicable law, in
no event shall Confluent, its affiliates, agents, directors, employees,
suppliers or licensors be liable for any indirect, punitive, incidental,
special, consequential or exemplary damages, including without limitation
damages for loss of profits, goodwill, use, data or other intangible losses,
arising out of or relating to the use of, or inability to use, this Website.
Under no circumstances will Confluent be responsible for any damage, loss or
injury resulting from hacking, tampering or other unauthorized access or use of
the Website or the information contained therein.
To the maximum extent permitted by applicable law, Confluent assumes no
liability or responsibility for any (i) errors, mistakes, or inaccuracies of
content; (ii) personal injury or property damage, of any nature whatsoever,
resulting from your access to or use of our Website; (iii) any unauthorized
access to or use of our secure servers and/or any and all personal information
stored therein; (iv) any interruption or cessation of transmission to or from
the Website; (v) any bugs, viruses, trojan horses, or the like that may be
transmitted to or through our Website by any third party; (vi) any errors or
omissions in any content or for any loss or damage incurred as a result of the
use of any content posted, emailed, transmitted, or otherwise made available
through the Website; and/or (vii) user content or the defamatory, offensive, or
illegal conduct of any third party. In no event shall Confluent, its affiliates,
agents, directors, employees, suppliers, or licensors be liable to you for any
claims, proceedings, liabilities, obligations, damages, losses or costs in an
amount exceeding the amount you paid to Confluent hereunder or $100.00,
whichever is greater.
This limitation of liability section applies whether the alleged liability is
based on contract, tort, negligence, strict liability, or any other basis, even
if Confluent has been advised of the possibility of such damage. The foregoing
limitation of liability shall apply to the fullest extent permitted by law in
the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply to
you. This Agreement gives you specific legal rights, and you may also have other
rights which vary from state to state. The disclaimers, exclusions, and
limitations of liability under this Agreement will not apply to the extent
prohibited by applicable law.
The Website is controlled and operated from facilities in the United States.
Confluent makes no representations that the Website is appropriate or available
for use in other locations. Those who access or use the Website from other
jurisdictions do so at their own volition and are entirely responsible for
compliance with all applicable United States and local laws and regulations,
including but not limited to export and import regulations. You may not use the
Website if you are a resident of a country embargoed by the United States, or
are a foreign person or entity blocked or denied by the United States
government. Unless otherwise explicitly stated, all materials found on the
Website are solely directed to individuals, companies, or other entities located
in the United States.
10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
A. Governing Law. You agree that: (i) the Website shall be deemed solely based
in California; and (ii) the Website shall be deemed a passive one that does not
give rise to personal jurisdiction over us, either specific or general, in
jurisdictions other than California. This Agreement shall be governed by the
internal substantive laws of the State of California, without respect to its
conflict of laws principles. The parties acknowledge that this Agreement
evidences a transaction involving interstate commerce. Notwithstanding the
preceding sentences with respect to the substantive law, any arbitration
conducted pursuant to the terms of this Agreement shall be governed by the
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,
patents, or other intellectual property or proprietary rights, as set forth in
the Arbitration provision below, including any provisional relief required to
prevent irreparable harm. You agree that Santa Clara County, California is the
proper forum for any appeals of an arbitration award or for trial court
proceedings in the event that the arbitration provision below is found to be
unenforceable.
B. Arbitration. Read this section carefully because it requires the parties to
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
controversy (excluding any claims for injunctive or other equitable relief as
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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