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WEBSITE TERMS OF USE
The use of all pages on this website is subject to these terms and conditions.
Access to certain pages of the site, or of other Gigamon sites linked from here,
may be restricted or subject to further conditions of use as indicated.
ACCURACY
The material available on this website is designed to provide general
information only.
We strive to ensure all information on our site is accurate and up to date.
However, the contents of the site are naturally subject to change so we cannot
always guarantee the accuracy of all information on the site. You are
responsible for checking the accuracy of relevant facts and opinions given on
the site before entering into any commitment based upon them. The information
provided on this site does not constitute legal or other professional advice.
THIRD PARTY LINKS
Please note that Gigamon cannot be held responsible for the contents of any
pages referenced by an external link.
INFORMATION CONFIDENTIALITY AND SECURITY
Any information you provide will be held securely and in accordance with the
Data Protection Act 1998.
Your personal details will not normally be disclosed to third parties. In some
circumstances however we may need to disclose your personal details to a third
party so that they can provide a service you have requested, or fulfil a request
for information.
Translation available upon request to privacy@gigamon.com.
GIGAMON COMMUNITY TERMS OF USE
By registering and participating in the Gigamon Community, you agree to abide by
these Terms of Use (TOU), as well as all other terms, conditions, policies and
notices displayed on the Gigamon Community The Gigamon Community consists of the
Community Forum[1] and the My Gigamon portal[2] and it is operated by Gigamon
Inc. (GIMO). The My Gigamon portal may be accessed only by registered customers.
Throughout these TOU, the terms "we," "us" and "our" refer to GIMO, and the
Gigamon Community, and “you” refers to you as an individual user of the Gigamon
Community. The Gigamon Community is intended to provide GIMO users, guests and
customers knowledge to help them understand how to use, operate, and optimize
GIMO products and solutions. Further, the Gigamon Community allows users and
customers to collaborate with each other and with GIMO employees and partners.
1. Accuracy, Completeness and Timeliness of Information on the Gigamon Community
GIMO is not responsible if information made available on the Community is not
accurate, complete or current. The material on the Community is provided for
general information only and should not be relied upon or used as the sole basis
for making decisions without consulting other sources of information. The
Community may contain certain historical information which may not be current
and is provided for your reference only. We reserve the right to modify the
contents of the Community at any time, but we have no obligation to update any
information on the Community. You agree that it is your responsibility to
monitor changes to the Community. GIMO neither warrants nor represents that your
use of materials on the Community are accurate, complete or adequate or will not
infringe rights of third parties not affiliated with GIMO.
2. Accounts and Use of the Community The Community requires you to open an
account. Please complete the registration process by providing us current,
complete and accurate information. If you are part of an organization (or other
entity), we ask that your account used for work purposes related to the email
domain from your company or organization. Please do not select a Community user
name or identifier that is vulgar, offensive, impersonates a third party, is
illegal, or protected by proprietary rights you do not hold. We reserve the
right to reject user names in our sole discretion, and to terminate your account
or remove content on the Community. As the user of the Community, you are
responsible for all activities that occur under your account. You must also
maintain in confidence all passwords and other credentials associated with your
use of the Community. Promptly notify us if you suspect that your account is or
has been misused, or to report any other security incident relating to your
account. If you need to delete any information in your account, send your
request to: privacy@gigamon.com.
3. Submissions As used in these TOU, “submission” means information, content,
code, comments, feedback, suggestions or other materials that you provide
through your use of the Community. We do not claim ownership of any submission,
unless otherwise agreed by you and us. However, by providing a submission, you
grant GIMO and its affiliates an unrestricted, nonexclusive, royalty free,
perpetual, irrevocable and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute and display
such submission throughout the world in any media. This license includes rights
to grant the general public the right to use your submission in accordance with
these TOU. If you provide any feedback to us concerning the functionality and
performance of the Products (including identifying potential errors,
enhancements and improvements) (“Feedback”), you hereby assign to us all right,
title and interest in and to the Feedback. We may use the Feedback without any
payment or restriction. These rights are granted under all applicable
intellectual property rights you own or control. No compensation will be paid
with respect to the use of your submissions. GIMO is under no obligation to post
or use any submission and may remove your submissions at any time. By providing
a submission you warrant that you own or otherwise control all of the rights to
your submission and that your submission is not subject to any rights of a third
party (including any personality or publicity rights of any person). Your
submissions must not (i) be confidential, proprietary, false, fraudulent,
libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal or otherwise objectionable; (ii) constitute or
encourage a criminal offense, violate the rights of any party or otherwise give
rise to liability or violate any law; or (iii) contain software viruses,
political campaigning, chain letters, mass mailings, or any form of "spam." You
grant GIMO and its affiliates the right to use the name and email address you
submit in connection with submissions (including, by way of example, responding
to your posts or replies), if we so choose. Except as provided in this Section
3, all personal information provided via the Community will be handled in
accordance with the GIMO Privacy Policy.
4. Use of Materials on the Community Except as provided in these TOU, all
content on the Community (including, without limitation, text, design, graphics,
logos, icons, images, audio clips, downloads, interfaces, code and software, as
well as the selection and arrangement thereof) is the exclusive property of and
owned by GIMO and, its licensors or its content providers and is protected by
copyright, trademark and other applicable laws. You agree to follow all
instructions provided herein limiting the way you may use the content. You may
not use contact information provided on the Community for unauthorized purposes,
including marketing. There are a number of proprietary logos, service marks, and
trademarks found on this Site. By making them available on this Site, GIMO is
not granting you any license to utilize those proprietary logos, service marks,
or trademarks. Any unauthorized use of the content may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil and criminal
statutes.
5. Links This Community may contain links to other Internet sites on the World
Wide Web. GIMO provides such links for your convenience only and is not
responsible for the content of any website linked to or from this Site. Links
from this Site to any other website do not mean that GIMO approves of, endorses,
or recommends that website. GIMO disclaims all warranties, express or implied,
as to the accuracy, legality, reliability, or validity of any content on any
other website
6. DISCLAIMERS YOUR USE OF THIS COMMUNITY IS AT YOUR OWN RISK. THE COMMUNITY
(INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE THROUGH THIS SITE) IS
PROVIDED "AS-IS" GIMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT
MATERIALS ON THE COMMUNITY ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED
FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE COMMUNITY
WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE COMMUNITY WILL BE SECURE; THAT
THE COMMUNITY OR THE SERVER THAT MAKES THE COMMUNITY AVAILABLE WILL BE
VIRUS-FREE; OR THAT INFORMATION ON THE COMMUNITY WILL BE COMPLETE, ACCURATE OR
TIMELY.
7. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL
RESPONSIBILITY FOR YOUR USE OF THE COMMUNITY. YOU ACKNOWLEDGE AND AGREE THAT ANY
INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE COMMUNITY MAY NOT BE
SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE
THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GIMO NOR ITS
AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE COMMUNITY, OR ANY
OTHER LINK YOU ACCESS THROUGH A LINK FROM THIS COMMUNITY OR FROM ANY ACTIONS
WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE
DELAY OR INABILITY TO USE THE COMMUNITY, OR FOR ANY INFORMATION, PRODUCTS OR
SERVICES ADVERTISED IN OR OBTAINED THROUGH THE COMMUNITY, GIMO’S REMOVAL OR
DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS COMMUNITY, OR OTHERWISE
ARISING OUT OF THE USE OF THE COMMUNITY, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF GIMO, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE,
NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND
ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF
THE ABOVE CLAIMS OR ANY DISPUTE WITH GIMO IS TO DISCONTINUE YOUR USE OF THE
COMMUNITY. YOU AND GIMO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
8. Indemnification You agree to indemnify, defend and hold harmless GIMO and its
affiliates and their officers, directors, employees, contractors, agents,
licensors, service providers, subcontractors and suppliers from and against any
and all losses, liabilities, expenses, damages and costs, including reasonable
attorneys' fees and court costs, arising or resulting from your use of the
Community and any violation of these TOU. If you cause a technical disruption of
the Community or the systems transmitting the Community to you or others, you
agree to be responsible for any and all losses, liabilities, expenses, damages
and costs, including reasonable attorneys' fees and court costs, arising or
resulting from that disruption.
9. Jurisdiction and Applicable Law The laws of the State of California govern
these TOU and your use of the Community, and you irrevocably consent to the
jurisdiction of the courts located in the County of Santa Clara for any action
arising out of or relating to these TOU.
10. Changes to These Terms of Use GIMO reserves the right, at its sole
discretion, to change, modify, add or remove any portion of these TOU, in whole
or in part, at any time, by posting revised terms on the Community. It is your
responsibility to check periodically for any changes we make to the TOU. Your
continued use of the Community after any changes to the TOU or other policies
means you accept the changes.
11. Severability If any provision of these TOU is unlawful, void or
unenforceable, the remaining provisions of the agreement will remain in place.
12. Entire Agreement and Admissibility These TOU and any guidelines referred to
here or posted on the Community constitute the entire agreement and
understanding between you and GIMO with respect to the subject matter thereof
and supersede all prior or contemporaneous communications and proposals, whether
oral or written, between the parties with respect to such subject matter.
13. How to Contact Us If you have any questions or comments about these TOU or
the Community, please contact us by: Email:community@gigamon.com Postal mail:
Gigamon Inc., 3300 Olcott Street, Santa Clara, CA 95054.
Gigamon Commuity
DCMA Notice & Takedown
Just as Gigamon Inc. (“Gigamon”) requires users of our Gigamon Community to
respect our copyrights and those of our affiliates, licensors and business
partners, we respect the copyrights of others. To that end, we have adopted this
Copyright Policy in accordance with the Digital Millennium Copyright Act
(“Copyright Act”) (17 U.S.C. 512 et seq.).
Gigamon’s designated agent for the receipt of notification of any claimed
copyright infringement (the “Designated Agent”) is identified by name and
contact information below. Upon Designated Agent’s receipt of proper notice of
an alleged copyright infringement, or if Gigamon otherwise comes to believe in
good faith that any specific content, including user generated content on the
Gigamon Community, contains material that infringes copyright (“Disputed
Content”), Gigamon may (1) promptly remove or block access to the Disputed
Content and/or (2) deny access to the Gigamon Community to users that repeatedly
violate copyright or other intellectual property rights. Gigamon will take
reasonable steps to notify a user who has uploaded Disputed Content, if that
Disputed Content is subsequently removed or disabled.
Procedure for Reporting Copyright Infringement:
If you believe in good faith that your copyrighted work has been reproduced on
the Gigamon Community without authorization in a way that constitutes copyright
infringement, you or a person authorized to act on your behalf may notify our
Designated Agent:
Anthony Kim
Legal Department
Gigamon Inc.
3300 Olcott Street
Santa Clara, CA 95054
By phone: 408-831-4000
By email: legal@gigamon.com
Pursuant to federal law, your notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of the copyright that you allege is being infringed;
2. Identification of the copyrighted work you claim has been infringed, or, if
multiple copyrighted works on the Gigamon Community are included in a single
notification, a representative list of all those works on the Gigamon
Community;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit the
service provider to locate the material;
4. Your contact information, including address, telephone number, and, if
available, email address;
5. A statement that you have 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.
6. A statement made under penalty of perjury that the information in the
notification is accurate and that you are authorized to act on behalf of the
owner of an exclusive right under the Copyright Act that is allegedly
infringed.
Procedure for Supplying a Counter-Notice Regarding Alleged Copyright
Infringement:
If you are the provider of the Disputed Content and believe a copyright
infringement notice has been wrongly submitted against you as a result of a
mistake or a misidentification of the claimed copyrighted material, you may send
a counter-notification to our Designated Agent (whose address is included in
Paragraph 1 above). The counter notification must provide the following
information:
1. Physical or electronic signature of the subscriber;
2. Identification of the Disputed Content that has been removed or to which
access has been disabled, and the location where the Disputed Content
appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you believe in good faith that the
Disputed Content was removed or disabled as a result of mistake or
misidentification;
4. Your name, address, telephone number and, if available, email address; and
5. A statement that you consent to the jurisdiction of the United States
District Court for the judicial district pertaining to your address, or if
your address is outside of the United States, for any judicial district in
which Gigamon is located, and that you will accept service of process from
the person who provided notification or an agent of such person.
If our Designated Agent receives a counter-notice from you, Gigamon will send a
copy of it to the original complaining party informing that person or entity
that Gigamon may replace the removed Disputed Content or cease disabling access
to it. Please note that when we forward the counter-notice, it includes your
personal information. By submitting a counter-notice, you consent to having your
information revealed in this way. We will not forward the counter-notice to any
party other than the complaining party.
Unless the Designated Agent receives notice from the original complaining party
that the original complaining party has filed an action seeking a court order to
restrain the user who posted the Disputed Content from engaging in infringing
activity relating to the Disputed Content on the Gigamon Community, Gigamon will
replace or restore access to the Disputed Content on the Gigamon Community or
permit the user to re-post the Disputed Content.
[1] The Community Forum, includes but is not limited to, questions & answers,
comments, knowledge based articles, groups, training and certification content
and other member posts.
[2] The My Gigamon Portal, includes but is not limited to, case management,
asset information, software downloads, product announcements, technical
documentation and feature enhancements.
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