mesosphere-icons-connected-carmesosphere-icons-connected-homemesosphere-icons-credit-cardmesosphere-icons-cursormesosphere-icons-shopping-bag-gearsmesosphere-icons-toolsArtboardmesosphere-icons-medium-cloud-serversmesosphere-icons-medium-database-gearmesosphere-icons-medium-graph-moneymesosphere-icons-medium-shield }}

Terms of Use (Effective: January, 2017)

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE FEATURES AND CONTENT OFFERED BY MESOSPHERE, INC. (“MESOSPHERE”). BY VISITING THE WEBSITE IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS. IF A SEPARATE WRITTEN AGREEMENT WITH RESPECT MESOSPHERE PRODUCTS OR SERVICES EXISTS BETWEEN YOU AND MESOSPHERE, THE TERMS OF THAT WRITTEN AGREEMENT (EXCLUDING THE PRE-PRINTED TERMS OF ANY PURCHASE ORDER, CONFIRMATION OR SIMILAR DOCUMENT, WHICH WILL HAVE NO EFFECT AND WILL NOT BE CONSIDERED AGREED TO BY MESOSPHERE UNLESS MUTUALLY EXECUTED) SHALL TAKE PRECEDENCE OVER THESE TERMS, AND YOU ACKNOWLEDGE THAT YOU ARE BOUND BY THE TERMS OF THAT WRITTEN AGREEMENT. IF THE TERMS OF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS, YOU HAVE NO RIGHT TO USE THE WEBSITE. USE OF MESOSPHERE’S WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS.

Use of Mesosphere Enterprise DC/OS, or any other of Mesosphere’s commercial products or services offered on the Website, are subject to a separate written agreement between you and Mesosphere. Customer’s use of open source DC/OS is be governed solely by (and nothing herein shall limit any of your rights under) the Apache Software License, v. 2.0.

Access.

The http://mesosphere.com and http://dcos.io websites and domain name and all other websites and domain names affiliated with Mesosphere, and any other linked pages, features, or content offered from time to time by Mesosphere in connection therewith (collectively, the “Website”) are owned and operated by Mesosphere.

Mesosphere may change, suspend or discontinue the Website at any time, including the availability of any feature or content. Mesosphere may also impose limits on certain features and content or restrict your access to parts or all of the Website without notice or liability.

Mesosphere reserves the right, in its sole discretion, to modify these Terms at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Website following such notification constitutes your acceptance of the terms and conditions of these Terms as modified.

Mesosphere does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Website or to be contacted by our team. If you are under 18, please do not attempt to sign up to be contacted by us or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Mesosphere. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us contact@mesosphere.com.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Website and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use the Website in a manner that complies with all laws that apply to you. If your use of the Website is prohibited by applicable laws, then you aren’t authorized to use the Website. We can’t and won’t be responsible for your use of the Website in a way that breaks the law. These Terms are void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.

Website Content.

The Website and its contents are intended solely for the personal use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website that are created and/or provided by Mesosphere (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices and obligations, trademark rules, information, and restrictions contained in or implied by any Content accessed through the Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, or materials in whole or in part.

You may download or copy the Content (and other items displayed on the Website for download) for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Mesosphere or from the copyright holder identified in such Content’s copyright notice.

Under no circumstances will Mesosphere be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Website.

Your Warranty.

You warrant, represent and agree that you will not use the Website or any Mesosphere products in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Mesosphere’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Mesosphere; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Mesosphere reserves the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. You, not Mesosphere, remain solely responsible for any submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Website, and you warrant that you possess all rights necessary to provide such content to Mesosphere and to grant Mesosphere the rights to use such information in connection with the Website and Mesosphere’s products or services and as otherwise provided herein.

Restrictions.

You are responsible for all of your activity in connection with the Website. The use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Website or any Mesosphere product. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Website.

Warranty Disclaimer.

Mesosphere has no special relationship with or fiduciary duty to you. You acknowledge that Mesosphere 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 Mesosphere 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. Mesosphere makes no representations concerning any content contained in or accessed through the Website, and Mesosphere 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 MESOSPHERE 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.

Privacy Policy.

For information regarding Mesosphere’s treatment of personally identifiable information, please review Mesosphere’s current Privacy Policy at https://www.mesosphere.com/privacy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Mesosphere’s Privacy Policy.

Indemnity.

You will indemnify and hold Mesosphere, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Website , use of any software, your violation of these Terms, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Limitation of Liability.

IN NO EVENT SHALL MESOSPHERE 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 MESOSPHERE’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.

Third Party Websites.

The Website may contain links to third party websites that are not owned or controlled by Mesosphere. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Website and that you will act in accordance with those policies, in addition to your obligations under these Terms. Mesosphere has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Mesosphere will not and cannot monitor, verify, censor or edit the content of any third party site.

By using the Website, you expressly relieve and hold harmless Mesosphere from any and all liability arising from your use of any third party website.

Termination.

This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website at any time. Mesosphere may also terminate or suspend any and all Website and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement, or without reason. Any fees paid hereunder are nonrefundable. Upon termination of your account, your right to access the Website and any Content will immediately cease. All provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Miscellaneous.

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Mesosphere shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Mesosphere’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable OR transferable by you except with Mesosphere’s prior written consent. Mesosphere may transfer, assign or delegate these Terms and its rights and obligations without consent. These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. 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. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Mesosphere in any respect whatsoever.

Contact.

If you have any questions, complaints, or claims with respect to the Website, you may contact us at contact@mesosphere.com.

Effective: January, 2017