Idaptive Website Terms and Conditions of Use

IDaptive, LLC (“Idaptive” or “we”) makes information, documents, software and services available on this website ("Site") subject to the following terms and conditions. By accessing the Site, you agree to these terms and conditions of use (“Terms”) and the practices described in our Privacy Policy for information collected from the Site, and you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations. Idaptive reserves the right to change these Terms at any time without notice. Any rights not expressly granted herein are reserved by Idaptive. These Terms represent the entire understanding relating to the use of the Site and supersede any prior or contemporaneous, conflicting, or additional communications.

Notice Specific to Content Available on the Site

Permission to view, use, copy or download Material (as defined below), including white papers, press releases, data sheets, FAQs and other documents (“Documents”) from the Site is granted, provided that (1) all copyright, trademark and other proprietary notices are included, (2) use of such Material from the Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Material are made. Use for any other purpose is expressly prohibited by law.

Documents specified above do not include the design or layout of the www.idaptive.com website. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Idaptive.

Submissions

We appreciate hearing from you. However, please be aware that, apart from your personal information (which is collected and used as provided in our Privacy Statement), all communications or materials including but not limited to data, questions, comments, suggestions, and the like (“Submissions”), that you send to the Site in any manner, electronically or otherwise, such as by email or by posting on the Site or otherwise, will be treated as non-confidential and non-proprietary.

By sending a Submission to the Site, you grant us a perpetual, royalty free, sublicensable, transferable, irrevocable right and license to (a) use, reproduce, modify, adapt, translate, transmit, disclose to third parties, distribute, publish, publicly display and perform, broadcast, post, or create derivative works from, your Submissions throughout the world, in any media, now known or hereafter devised; and (b) use any ideas, concepts, techniques, or know-how contained in your Submissions for any purpose, including but not limited to developing, manufacturing, and marketing products and services. You agree never to assert against Idaptive, its successors or assigns, any rights that you may have in such Submissions.

By sending Submissions to the Site, you represent and warrant that: (i) you own the content, or have the necessary licenses, rights, consents, and permissions to post the Submissions on the Site and allow others to use such Submissions as described in these Terms; (ii) you have the written consent, release, and/or permission of each identifiable individual in any Submissions to use the name or likeness of each such person, and to enable inclusion and use of the Submission in the manner contemplated by these Terms.

Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. You will be solely responsible for your own Submissions and the consequences of posting such Submissions.

We have no obligation to post your Submissions, if any. We may exercise our rights (e.g. use, publish, delete) with respect to any of your Submissions without notice to you.

If you do not agree to these Terms, please do not provide us with any Submissions.

Prohibited Submissions

You are prohibited from uploading, posting, transmitting, or making available form the Site any Submissions that (i) may be viewed by others as inappropriate or offensive, (ii) infringes, misappropriates or violates the intellectual property or proprietary rights of any third party, (iii) violates rights of privacy, (iv) uses or encourages the use of the Site for any illegal purpose, (v) interferes with the operation of the Site, (vi) or contains viruses or other code intended to cause damage to data or systems.

Warranty Disclaimer

IDAPTIVE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS, THE SOFTWARE AND SERVICES AND OTHER MATERIAL PUBLISHED ON OR ACCESSIBLE THROUGH THE SITE FOR ANY PURPOSE. ALL SUCH MATERIAL ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IDAPTIVE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH MATERIAL, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIAL PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IDAPTIVE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIAL DESCRIBED HEREIN AT ANY TIME.

Disclaimer of Liability

IN NO EVENT SHALL IDAPTIVE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, PROFITS OR OTHER ECONOMIC ADVANTAGE) OR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR MATERIAL AVAILABLE FROM THE SITE.

Indemnification

You agree to defend and indemnify Idaptive, its affiliates, business partners and licensors, and their respective officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, in any action filed or commenced by any third party against Idaptive, its affiliates, business partners or licensors as a result of:

  1. Your breach of these Terms or the documents referenced herein;
  2. Your violation of any law or the rights of a third party;
  3. Your use of the Site; or
  4. Any matter, issue, dispute, claim, demand related to the Submissions that you post on, or upload to the Site.

Links to Third Party Sites

THE SITE CONTAINS LINKS TO THIRD-PARTY WEBSITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF IDAPTIVE AND IDAPTIVE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. IDAPTIVE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY IDAPTIVE OF THE THIRD-PARTY WEBSITE.

Idaptive Intellectual Property Rights

The Site is owned and operated by Idaptive. All components of the Site, including, without limitation the artwork, text, graphics, photographs, videos, sounds, visual interfaces, graphics, design, logos, trademarks, services marks, trade dress, content, compilation, computer code, products, software, Documents, and other material contained or presented on the Site, the registered user login details and profile, and any combination thereof (“Material”) are protected by US and foreign copyright, trademarks, trade secrets, patents, and other intellectual property laws and other applicable laws worldwide. Any unauthorized use, reproduction or modification of the Site may violate such laws.

Idaptive, its affiliates, business partners and/or licensors own all right, title and interest, including all copyright, trademark, trade secrets, patent, and other intellectual property rights in such Material.

Copyright Notice

Copyright © 2018 IDaptive, LLC, 3300 Tannery Way, Santa Clara, CA 95054, U.S.A. All rights reserved.

Trademarks

Idaptive is a registered trademark and MFA Everywhere is a trademark of Idaptive in the United States and other countries.

Copyright Infringements

We respect the intellectual property rights of third parties and want to ensure that the Site does not contain any material that infringes the copyright of a third party. If you believe that material that violates your copyright rights is posted on the Site, please contact us. We will respond to notices of alleged infringement that comply with the requirements of the Digital Millennium Copyright Act.

Outages

We use reasonable commercial efforts to keep our Site available on a 24-hour / 7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

Termination

If you breach any of the provisions of these Terms, Idaptive, in its sole discretion, may terminate your access to the Site, and any account that you may have with the Site. We may, in our sole discretion, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. We shall not be responsible to you for such suspension or termination.

Foreign Users

If you elect to access the Site from locations outside of the United States, you are responsible for compliance with all local rules that may apply to you, such as rules about online conduct, acceptable content, the use of email, the disclosure or transfer of personal information or use of the Internet. Access to the Site, Material, Submissions, or other content posted on the Site from countries, states, or territories where this material is illegal is prohibited.

Applicable Law

These Terms and any claims relating thereto shall be governed and construed in accordance with the laws of the State of California and the United States without regard to the conflict law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waived by Idaptive at its sole discretion, the venue and jurisdiction for actions related to the subject matter hereof shall be the State of California and a state or federal court of competent jurisdiction located in the County of Santa Clara, California. Any cause of action arising out of, or related to, the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Assignment

We may assign our rights and obligations under these Terms to a third party without this assignment being deemed a change in these Terms, and without notice to you. You may not assign, delegate, or transfer your rights or obligations under these Terms.

Government Access to Data

Idaptive’s performance under these Terms is subject to existing laws and legal process. Idaptive will comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Idaptive with respect to such use.

Electronic Notifications

To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communication posted on the Site, electronic mail, or instant messaging.

Terms for Registered Users

These Terms apply to all users of the Site. If you are using certain portions of the Site (“Restricted Areas”) as a registered user, and pursuant to a separate services agreement between Idaptive and you or your employer (“Restricted Area Terms”), then your use of these Restricted Areas is subject to the Restricted Area Terms. If there is a conflict between these Terms and the Restricted Area Terms, the Restricted Areas terms will control only when applied to your use of the Restricted Area.

Registered User ID and Password

Access to certain areas of the Site is only available to registered users. To become a registered user, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. Any personal information supplied to Idaptive as part of this registration process will be collected, stored and used in accordance with our Privacy Policy.

Protect your Password

When you register on the Site to become a registered user, you will be asked to choose a password. Keep it carefully. Do not share it with others. Do not post it in a place where it can be easily found. You are solely responsible for maintaining the confidentiality of your password and your login details, and for restricting access to your computer, smart phone, tablet or other device. You will be responsible for all activities that occur within your account.

If you lose or misplace your login details, or have any other reason to believe that your account is no longer secure, you must immediately notify us. You may be liable for the losses incurred by Idaptive or others due to any unauthorized use of your account.

Your Account may be Suspended or Closed

If Idaptive has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account. Idaptive reserves the right to close accounts if you appear to be using proxy IPs in order to attempt to hide the use of multiple accounts or you disrupt the operation of the Site.

Your Commitment as a Registered User

When you register on the Site:

  1. You represent that all information that you provide during registration and at all other times, will be true, accurate, current and complete;
  2. You are 18 years of age or older;
  3. You commit to ensure that this information is kept accurate and up-to-date at all times;
  4. You agree to keep your login details (user ID and passwor confidential, and you accept full responsibility for all activities that occur under your account or password; and
  5. You represent that you are not a competitor or employed or otherwise engaged by a competitor of Idaptive.

Questions

Contact webmaster@Idaptive.com with questions or problems or write to us at:

3300 Tannery Way, Santa Clara, CA 95054, Attention: General Counsel