NETGEAR Terms and Conditions
Please read these NETGEAR Terms and Conditions (“Terms and Conditions”) carefully. This agreement affects your rights.
IF
YOU USE THE NETGEAR PRODUCT (AS DEFINED BELOW) YOU AGREE THAT YOU HAVE
READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS.
IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE USE AND
RETURN THE PRODUCT IN GOOD CONDITION WITHIN THIRTY (30) CALENDAR DAYS
FROM THE DATE OF ORIGINAL PURCHASE FOR A REFUND. REFER TO SECTION 7 FOR
SUBSCRIPTION CANCELLATIONS.
These Terms and Conditions are between you (“You” or “User”)
and NETGEAR, Inc. concerning Your use of (including any access to)
devices or services (including software included in Your device at the
time of purchase), and other information and materials provided on or in
connection with such devices or services, including firmware,
documentation, graphics, illustrations, pictures, photographs, audio,
and videos (individually and collectively, the “Product” or “Products”) provided by NETGEAR, Inc., its subsidiaries and affiliates (collectively, “NETGEAR” or “Company”).
In some instances, both these Terms and Conditions and separate terms
will apply to Your use of the Product (“Additional Terms”). To the
extent there is a conflict between these Terms and any applicable
Additional Terms, the Additional Terms will control unless they
expressly state otherwise.
Your
consent to these Terms and Conditions is required in order to use Your
NETGEAR Product. If You do not accept these Terms and Conditions, You
must return the Product in good condition within thirty (30) calendar
days from the date of original purchase for a refund. Refer to Section 7
for Subscription Cancellations.
YOU
AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY
TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 3, TO RESOLVE ANY
DISPUTES WITH NETGEAR.
IF YOU SIGN UP FOR ANY NETGEAR SUBSCRIPTION SERVICES, YOU FURTHER AGREE, AS DESCRIBED IN SECTION 6.4, THAT YOUR SUBSCRIPTION MAY AUTOMATICALLY RENEW FOR THE SAME APPLICABLE TERM AND PRICE, UNTIL YOU CANCEL.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
1.1 These
Terms and Conditions may be accepted by clicking the “I accept” button
or checking a checkbox if such button or function is available or
present via the user interface for the respective Product. You also
accept the Terms and Conditions when You access or start to use the
Product.
1.2 By
using the Product, You affirm that You are of legal age to enter into
these Terms and Conditions. You may not use the Product if You are a:
(a) person who is not of legal age or otherwise not entitled to form a
binding contract with NETGEAR, or (b) person who is barred from
receiving the Product under the laws of any country including the
country in which You are a resident or from which You are using the
Product.
1.3 If
You are an individual accessing or using the Product on behalf of, or
for the benefit of, any corporation, partnership or other entity with
which You are associated (an “Organization”), then You are agreeing to
these Terms and Conditions on behalf of Yourself and such Organization,
and You represent and warrant that You have the legal authority to bind
such Organization to these Terms and Conditions. References to “You” and
“Your” in these Terms and Conditions will refer to both the individual
using the Services and to any such Organization.
2. INFORMAL DISPUTE RESOLUTION
2.1 NETGEAR would like an opportunity to address Your concerns without a formal legal case. Before filing a claim against NETGEAR, You agree to try to resolve the dispute informally by contacting legal@netgear.com.
NETGEAR will try to resolve the dispute informally by contacting You in
writing via email. If a dispute is not resolved within 30 days of
submission to this email address, You or NETGEAR may bring a formal
proceeding.
3. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER
3.1 You
and NETGEAR agree to arbitrate any and all disputes or claims arising
out of, in connection with, or relating to NETGEAR’s Terms and
Conditions, Products, and relationship with You, including any claims
that may arise after the termination of this Agreement, including, but
not limited to, claims relating to advertising or efficacy of the
NETGEAR Products. All disputes concerning the arbitrability of a claim
(including disputes about the interpretation, breach, applicability,
enforceability, revocability or validity of this Agreement) shall be
decided by the arbitrator. This agreement includes any claims against
NETGEAR’s employees, agents or any subsidiaries of NETGEAR. Arbitration
is a method of claim resolution that is less formal than a traditional
court proceeding. It uses a neutral arbitrator instead of a judge or
jury and is subject to limited review by courts.
3.2 To
the extent possible under Your local law, the arbitration will take
place in Santa Clara County, California. The arbitration will be
governed and administered by the Streamlined 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 will be selected from the appropriate list of JAMS
arbitrators in accordance with the Streamlined Arbitration Rules and
Procedures of JAMS. NETGEAR’s Products and relationship with You involve
interstate commerce, and this arbitration agreement is governed by the
Federal Arbitration Act (9 U.S.C. §§ 1et seq.).
3.3 CLASS
ACTION WAIVER: YOU AND NETGEAR AGREE THAT EACH IS GIVING UP THE RIGHT
TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE
PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.
3.4 Further,
the arbitrator may not consolidate more than one person’s claims, and
may not otherwise preside over any form of a representative or class
proceeding, consolidated action or private attorney general action. This
arbitration agreement does not stop You from bringing issues to the
attention of federal, state, or local agencies, who may seek relief
against us on Your behalf. If this specific provision, known as the
“Class Action Waiver,” is found to be unenforceable, it cannot be
severed from this arbitration agreement and the entirety of this
arbitration provision shall be null and void.
3.5 Notwithstanding
any provision in this Agreement to the contrary, You agree that if
NETGEAR makes any future, material change to this arbitration provision,
You may reject any change by sending us written notice within thirty
(30) calendar days of the change to legal@netgear.com.
Your decision to reject changes in a new arbitration provision,
however, does not affect any prior arbitration provisions to which You
have already agreed, which would still remain in effect.
3.6 This
arbitration provision is optional. You may decline or opt out of this
agreement to arbitrate by sending written and signed notice to legal@netgear.com within thirty (30) calendar days of purchasing Your NETGEAR Product.
3.7 Judgment
upon the arbitration award 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.
4. CHANGES TO THE TERMS AND CONDITIONS
4.1 NETGEAR
may at its discretion modify, update, add to, discontinue, remove or
otherwise change these Terms and Conditions at any time. Each such
modification will take immediate effect upon notification to You.
NETGEAR may provide You with notices, including those regarding changes
to these Terms and Conditions, by email, regular mail, text message,
updating its website, or other reasonable means now known or hereinafter
developed.
4.2 Your
continued use of the Product following any such notifications
constitutes Your acceptance of such modifications and Your agreement to
be bound by these Terms and Conditions. If You do not agree to any
modification of these Terms and Conditions, Your sole remedy is to
discontinue Your use of the Product. The most current version of these
Terms and Conditions will be available on the NETGEAR website and
supersedes previous versions.
5. SUBSCRIPTION SERVICES
5.1 Subscriptions. NETGEAR offers certain products and services on a subscription basis (“Subscription Services” or “Services”).
(a) Your
subscription period is stated in Your subscription plan, and Your
subscription fee will cover the Services and content covered in Your
subscription plan.
(b) Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
(c) As part of Your Subscription Services, NETGEAR may offer additional content for purchase (“Purchased Content”).
Except as required by law, all transactions for Purchased Content are
final, and NETGEAR does not accept returns. You may cancel an order for
Purchased Content within 24 hours of purchase or rental (or, for
customers in the European Union, within 14 days from the date of
purchase), except You may not cancel an order for Purchased Content once
You have downloaded it.
6. PAYMENT AND AUTOMATIC RENEWAL
6.1 Payment.
You agree that You will pay for the Subscription Services and other
Purchased Content You purchase from NETGEAR, and that NETGEAR (or its
third party payment processor) may charge Your credit card or other
payment processing account (as chosen by You) for those Services and
Purchased Content.
(a) You
further acknowledge that the amount billed may vary due to promotional
offers, subscription preferences that You select, changes in applicable
taxes or other charges, and You authorize us (or our third party payment
processor) to charge your payment method for the corresponding amount.
(b) YOU
ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING
NETGEAR WITH A VALID CREDIT CARD OR OTHER PAYMENT PROCESSING ACCOUNT
DETAILS FOR PAYMENT OF ALL FEES.
6.2 Billing Account and Payment Method.
You will be asked to provide a payment method at the time you sign up
for a Service. You can access and change Your billing information and
payment method by emailing support@netgear.com.
Additionally, You agree to permit NETGEAR to use any updated account
information regarding Your selected payment method provided by Your
issuing bank or the applicable payment network. If You want to designate
a different payment processing account or if there is a change in Your
credit card other payment processing account status, You must change
Your information online or by contacting customer support, which may
temporarily disrupt Your access to the Services while NETGEAR verifies
Your new payment information.
6.3 Recurring Payments. When You purchase the Subscription Services on a recurring basis (e.g., monthly or annually), You
agree that You are authorizing recurring payments, and payments will be
made to NETGEAR by the method and at the recurring intervals You have
agreed to, until the subscription for that Service is terminated by You
or by NETGEAR. By authorizing recurring payments, You are
authorizing NETGEAR to store Your payment instrument and process such
payments as either electronic debits or fund transfers, or as electronic
drafts from Your designated account (for Automated Clearing House or
similar payments), or as charges to Your designated account (for credit
card or similar payments) (collectively, “Electronic Payments”).
Subscription fees are generally charged in advance of the applicable
subscription period.
6.4 Automatic Renewal and Trials.
If Your account is set to automatically renew or is in a trial period,
YOU AGREE THAT NETGEAR MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE
TRIAL OR THE RENEWAL, UNLESS YOU NOTIFY NETGEAR IN ADVANCE THAT YOU WANT
TO CANCEL OR DISABLE AUTO-RENEWAL. NETGEAR may revise subscription
service rates by providing You at least thirty days’ notice prior to the
next charge.
6.5 Automatic Renewal Sign-Up.
To sign up for Subscription Services with recurring payments, You must
complete the required registration details, and agree that Your
subscription may automatically renew for the same applicable term until
You cancel:
(a) You will receive an e-mail confirmation of Your auto-renewal once You complete the initial payment process.
(b) You
agree that NETGEAR may automatically charge the subscription fee to the
credit or charge card provided and associated with Your account at the
beginning of each period at the frequency You have selected unless and
until You cancel the subscription option.
(c) You
must cancel prior to the subscription fee being charged to the credit
or charge card. If You signed up at a promotional rate any renewals past
the promotional period will be charged at the then effective
subscription fee. Access to Your Services will not be established until
NETGEAR or its agent has verified that the credit card information is
valid, accurate and that Your credit card account is in good standing.
(d) You
will receive an e-mail reminder of Your auto-renewal thirty (30) days
prior to any applicable renewal. You will also receive a reminder email a
day before Your date of renewal reminding You that Your subscription
option will be renewed for an additional period.
6.6 Late Payments.
NETGEAR may suspend or terminate Your Services without notice upon
rejection of any credit card charges or if Your card issuer (or its
agent or affiliate) seeks the return of payments previously made to
NETGEAR for the Subscription Services. You agree NETGEAR may charge
interest on all amounts due that remain unpaid for thirty (30) days or
more. The monthly interest will equal up to one point five percent
(1.5%) of the past due amount or the highest rate allowed by law,
whichever is less, until the past due amount and interest is paid. Such
rights are in addition to and not in lieu of any other legal rights or
remedies available to NETGEAR. NETGEAR may refer Your account to a third
party for collection in the event of ongoing default.
6.7 Hardware Equipment.
If Your Subscription Service includes hardware equipment, you will be
charged a non-refundable shipping cost for NETGEAR to ship the equipment
to you.
6.8 Reactivation. If for any reason You need to reactivate a terminated Subscription Service, You may be charged a reactivation fee
7. CANCELLATION POLICY AND PROCEDURE
7.1 Cancellation of Your Subscription Services by You.
(a) Cancellation Procedure.
You may request termination of Your account and use of the Subscription
Services at any time by communicating such request to NETGEAR by
emailing support@netgear.com.
(b) Refund Policy. Unless otherwise specified in the Additional Terms applicable to Your Products or Services, the following will apply:
Free Trial Period.
If You are taking part in any trial-period offer, You must cancel the
trial Service(s) by the end of the trial period to avoid incurring new
charges. If You do not cancel the trial Service(s) by the end of the
trial period, NETGEAR will charge you for the Service(s).
Fixed-Term Subscription (paid monthly).
If You cancel by the end of the trial period, You will not incur any
new charges. If You cancel after the trial period, Your Service will
continue until the end of that month’s billing period, and You will be
charged an early termination fee equal to your monthly subscription rate
for each month remaining on your subscription.
Fixed-Term Subscription (prepaid).
If You cancel by the end of the trial period, You will not incur any
new charges. If You cancel after the trial period, Your payment is
non-refundable and Your service will continue until the end of Your
contracted term.
Month-to-month Subscription.
If You cancel by the end of the trial period, You will not incur any
new charges. If You cancel after the trial period, Your payment is
non-refundable and Your service will continue until the end of that
month’s billing period.
Shipping Charges. Any shipping charges paid in connection with your Service(s) are non-refundable.
7.2 Termination of Your Subscription Services by NETGEAR.
(a) Without
limiting the generality of the foregoing, NETGEAR retains the absolute
right to immediately disable and/or terminate Your Service at any time
(without observing any notice period) if:
You are in breach of any provision of these Subscription Terms;
You
have demonstrated (regardless of whether directly or through Your
actions or statements or otherwise) that You do not intend to comply
with these Subscription Terms or NETGEAR’s Terms and Conditions;
Your subscription charges are refused for any reason;
You misuse the Services;
You
alter Your system or use the Services or software in such a manner as
to infringe upon the intellectual property rights of NETGEAR or any
third party;
Any
supplier or partner of NETGEAR providing the Services to or together
with NETGEAR decide to terminate the provision of the Services or any
parts thereof (either worldwide or in the country where You are a
resident or from where You are Using the Services) or if any supplier or
partner of NETGEAR decides to terminate the entire relationship with
NETGEAR and regardless of the reason of such termination, including
where any supplier or partner of NETGEAR are of the opinion that the
provision of the Services or parts thereof to You or to NETGEAR or
together with NETGEAR are no longer commercially feasible;
NETGEAR
or any supplier or partner of NETGEAR providing the Services to or
together with NETGEAR are required by applicable law to terminate the
provision of the Services or parts thereof (for example if due to
changes in applicable law or due to court rulings or judgments the
Services or parts thereof become or are considered unlawful); or
Required by law.
Upon
any such termination of Your account by NETGEAR, You will remain
obligated to pay all outstanding fees and charges relating to Your use
of the Subscription Services before the effective date of such
termination, and NETGEAR will give You a pro-rated refund of any of Your
paid for, but unused, Services fees that will remain unused because of
NETGEAR’s termination. Termination of the Services may result in the
forfeiture and destruction of all information associated with Your
membership, including “Content”
(i.e., all content that is made available in the Services or accessible
as part of or by the use of the Services (including audio and sound
files, data files, images, music, photographs, software, videos and
written text)).
(b) Hardware Equipment.
If Your Subscription Service includes hardware equipment, upon
cancellation or termination, you must follow NETGEAR’s instructions in
returning the equipment in good condition. If you do not return the
equipment within the specified time, you will be charged for the fair
market value of the equipment. You may also be required to pay shipping
charges associated with the return.
(c) User Content Back-Ups. You are entirely responsible for backing up Your “User Content” (i.e.,
any information, materials, documents, media files or other content You
upload, transmit, create, post, display or otherwise provide on or
through the Services) stored with NETGEAR or through the Services to
another location outside the Services (e.g., by means of creating local
copies or backups with specialized online backup Services) to avoid loss
of Your User Content and other data. If NETGEAR disables access to Your
Service, You may be prevented from accessing the Services, Your related
account details or any files, User Content or products that are stored
with the Services. NETGEAR may in its sole discretion, however, allow
You to backup Your User Content stored with NETGEAR through the use of
the Services. You understand that NETGEAR may delete Your User Content
after a reasonable backup period has lapsed (“Backup Grace Period”).
Different Backup Grace Periods may apply depending on the specific
Service and the efforts required to backup the particular User Content.
8. CHANGES AND ACCESS TO SUBSCRIPTION SERVICES
8.1 Changes
to Services. To the extent possible under the governing law, NETGEAR
may at any time and in its sole discretion without prior warning or
notice:
(a) change,
add, or remove features and functionality of the Services or suspend
and/or cease providing the Services or any part of the Services. If You
are dissatisfied with any material changes to the Services during a
subscription, You may immediately terminate Your use of the Services and
be entitled to a pro-rated refund of any of Your paid for, but unused,
subscription. NETGEAR is under no obligation to provide any or all
features and functionality to Your Services and may, at its discretion,
discontinue the provision of Software Updates to certain Services;
(b) disable
or suspend Your use of the Services including access to Your account(s)
and any files or other content contained in Your account(s) either
temporarily or permanently (in accordance with Section 7);
(c) set
a limit on the number of transmissions You may send or receive through
the Services or on the amount of storage space used for the provision of
the Services or any part of the Services to You; and
(d) pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.
8.2 Purchased
Content Back-Ups. You are entirely responsible, in accordance with
these Terms and applicable law, for backing up Your Purchased Content to
another location outside the Services (e.g., by means of creating local
copies or backups with specialized online backup Services) to avoid
loss of Your User Purchased Content and other data. NETGEAR will not be
liable if Your Purchased Content becomes unavailable for further
download or streaming.
9. PRE-ORDERING NETGEAR PRODUCTS
9.1 Pre-Ordering.
NETGEAR offers certain Products available for pre-order. By
pre-ordering a NETGEAR Product, You acknowledge and agree that You are
making a partial payment to a work-in-progress and are not making a
direct purchase (“Contribution”). In return for Your Contribution, You
will receive the number of Products You pre-ordered. If pre-order is
available, the required Contribution for each Product will be listed on
the Website. When You pre-order a Product, You agree to pay any amounts
and fees NETGEAR may charge you for the Product. Before You are required
to make any payment, You will have an opportunity to review and accept
the amount that will be charged to You. All payments are in U.S.
Dollars. NETGEAR will charge the payment method You specify at the time
of your Contribution. You hereby authorize NETGEAR to charge all sums
described herein to such payment method. NETGEAR may change the required
Contribution amount for the Product by posting the changes on the
Website.
9.2 Fulfillment.
You agree that NETGEAR may cancel or refund Your Contribution at any
time and for any reason prior to the date on which NETGEAR or its
affiliate ships the Product(s), and under such circumstances, NETGEAR is
not required to fulfill the pre-order.
9.3 Refunds.
If You cancel your pre-order any time prior to the time NETGEAR or its
affiliate ships Product(s), NETGEAR will refund to You the amount of
Your Contribution. After the Product(s) have shipped, NETGEAR has no
obligation to provide refunds or credits, but may, in its sole
discretion, grant them in extenuating circumstances, as a result of
specific refund guarantee promotions, or to correct any errors made by
NETGEAR.
9.4 Taxes.
NETGEAR’s fees are net of any applicable Sales Tax. If the Product(s)
are subject to Sales Tax in any jurisdiction and You have not remitted
the applicable Sales Tax to NETGEAR, You will be responsible for the
payment of such Sales Tax and any related penalties or interest to the
relevant tax authority and You will indemnify NETGEAR for any liability
or expense it may incur in connection with such Sales Tax. Upon
NETGEAR’s request, you will provide it with official receipts issued by
the appropriate taxing authority, or other such evidence that You have
paid all applicable taxes. For purposes of this sub-section, “Sales Tax”
shall mean any sales or use tax, and any other tax measured by sales
proceeds, that NETGEAR is permitted to pass to its customers that is the
functional equivalent of a sales tax where the applicable taxing
jurisdiction does not otherwise impose a sales or use tax.
10. NETGEAR COMPATIBLE DEVICES
10.1 Use
of some of NETGEAR’s Products may require You to use a device that
meets certain system and compatibility requirements. NETGEAR reserves
the right to change these requirements. Whether a device is compatible
also may depend on software or systems provided or maintained by third
parties. Accordingly, devices that are compatible at one time may cease
to be compatible in the future.
11. ACCESS
TO SERVICES. YOU ARE NOT PERMITTED TO USE ANY OF THE SERVICES
(INCLUDING ANY ATTEMPTS TO DO SO) OTHER THAN THROUGH THE INTERFACE MADE
AVAILABLE TO YOU BY NETGEAR AND YOU WILL NOT USE THE SERVICES (INCLUDING
ANY ATTEMPTS TO DO SO) THROUGH ANY AUTOMATED TOOLS (INCLUDING SOFTWARE
AND/OR HARDWARE), FUNCTIONS, SERVICES OR OTHERWISE (INCLUDING SCRIPTS OR
WEB CRAWLERS). YOU MAY ACCESS AND USE THE SERVICES ONLY WITH A SYSTEM
THAT IS AUTHORIZED TO COMMUNICATE WITH THE NETGEAR WEBSITES. YOU AGREE
NOT TO TAMPER WITH OR OTHERWISE MODIFY THE SERVICES.
12. REGISTRATION AND ACCOUNT DATA
12.1 Registration.
Certain Products or functionality offered on or through the Products
may require You to register and open an account (including setting up a
User ID and password, and the Registration Data (as described below)
(collectively, “Account Data”)). To register, You may be asked to
provide the following types of information without limitation (i) Your
name, (ii) a system identification number (provided, for example, with
certain NETGEAR hardware), if applicable, and (iii) an e-mail address
(collectively “Registration Data”). You agree to (i) provide and
maintain accurate, complete and up-to-date Registration Data; (ii)
protect and prevent unauthorized access to Your account; (iii) not
transfer or share your account with any third party; and (iv) notify
NETGEAR immediately of any suspected or actual unauthorized use of Your
account or breach of security. NETGEAR may terminate Your account if You
fail to abide by these ongoing obligations. You agree that NETGEAR may
store and use the Account Data You provide for use in maintaining and
billing applicable fees to Your account.
12.2 SingleSignOn.
(a) NETGEAR
may implement an integrated registration solution through a single sign
on process (“SingleSignOn”). SingleSignOn means that once You open an
account with NETGEAR You may use Your User account and User ID for other
Services of NETGEAR which eliminates the need to maintain separate User
accounts and User ID’s for each individual Service. SingleSignOn may
also allow You to sign in and sign off from Services and through
different devices at once.
(b) The
SingleSignOn may offer You the possibility to connect Your Services
with Your account from third party social media sites, such as Facebook,
Twitter, and Google+ with the SingleSignOn through an application
programming interface (API) or other software. By allowing the
SingleSignOn to connect with Your accounts on such third party sites,
You consent to our accessing the information in those accounts, which
information may include personally identifiable information.
Additionally, You understand that by accessing the SingleSignOn via Your
social media or other third party account, activity You engage in
through the SingleSignOn may be published on the third party site. It is
Your choice whether to use any such third party sites. We recommend You
review the privacy policies of each third party site before You allow
the SingleSignOn to connect with Your accounts on such third party sites
or share pages or information with Your friends through those sites.
(c) You agree that You do not own Your SingleSignOn username. NETGEAR may reclaim or use Your SingleSignOn username.
12.3 Protection of Account Data.
(a) You
are entirely responsible for maintaining the confidentiality of Your
Account Data, and for the activity that occurs under Your account. You
agree to promptly notify NETGEAR about any unauthorized use of Your
account or Account Data. You will notify NETGEAR immediately upon
becoming aware of any unauthorized use of any of Your Account Data or
any other breach of security.
(b) You
will keep Your Account Data safe and secure and prevent unauthorized
access to Your Account Data and Your account by third parties, in
particular by: (i) avoiding obvious User IDs or passwords, (ii) by
changing Your password regularly, (iii) by ensuring that You do not
disclose Your password(s) or grant any other user or third party access
to Your Account Data or Services, and (iv) by ensuring that You exit
from Your account at the end of each session.
(c) NETGEAR
may regard any instructions to be from You if they are received from or
issued by a user or third party using or providing Your Account Data.
(d) You
agree not to use any Account Data or Services of any other user or
person than Yourself without permission of the user or person holding
the respective Service.
(e) You can access and change Your Account Data at any time by accessing the respective NETGEAR Service.
12.4 Data
Analytics. You agree that NETGEAR may collect and use technical data
and related information, including but not limited to technical
information about Your mobile device, NETGEAR Product, and Third Party
Product, such as log entries, diagnostics, bandwidth usage, WiFi usage,
performance information, application usage, and various other analytics
coming from devices and applications tied to You or the User. This data
and related information is gathered to facilitate the provision of
Product and NETGEAR product support. NETGEAR may use this information to
improve its Products or to provide additional services or technologies
to You, but will not disclose Your Account Data to third parties for
their independent marketing or promotional purposes unless You give
consent.
12.5 Data
Connections. Some Products may require the use of a broadband Internet
connection or a mobile data connection. You are responsible for any
Service charges for Your internet connection or data plan incurred as a
result of using or accessing the Services. You should be aware that Your
network provider may charge You for access to its network, the duration
of Your mobile phone’s/ mobile device’s connection to the network and
the data volume used to use the Services or products. You are entirely
responsible to check with Your network provider whether any such costs
may apply before using the Services or products in this respect. You
acknowledge and agree that You will be solely responsible for all
disputes with any Internet Service or cell phone provider relating to
same. In particular, streaming and viewing recorded videos and the use
of the NETGEAR mobile software applications may incur extra and
substantial charges on devices that use a data plan. NETGEAR is not
responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.
13. PRIVACY AND PROTECTION OF PERSONAL DATA
13.1 Privacy Policy.
By creating a NETGEAR account, You understand and consent to NETGEAR’s
collection, storage and use of Your Account Data in accordance with
NETGEAR’s Privacy Policy at http://www.NETGEAR.com/about/privacy-policy/. We encourage You to review the Privacy Policy frequently.
13.2 Compliance with Data Protection Laws.
Each party shall comply with its respective obligations under
applicable data protection laws (“DPL”). You will not perform any act
that puts NETGEAR in breach of its obligations, and nothing in this
Agreement shall be deemed to prevent any party from taking action it
reasonably deems necessary to comply with DPL. You agree that: (i) with
respect to data You collect, access or otherwise use, You alone shall
determine the purposes for which and the manner in which personal data
is, or will be, processed; (ii) You are the data controller in respect
of all personal data You may process; and (iii) You consent and, in the
event You process any third party data, have obtained the consent from
such third party, to send its personal data to NETGEAR. You warrant and
undertake that any instructions given by You to NETGEAR will at all
times be in accordance with the requirements of DPL. You expressly agree
that NETGEAR may transfer personal data outside the European Economic
Area without Your further consent in order to provide services related
to the Products. NETGEAR may comply with requests for information from
legitimate judicial, legal or regulatory authorities or pursuant to a
court order or a subpoena, discovery request or other lawful process
that NETGEAR receives. NETGEAR may comply with these subpoenas or court
orders with or without notice to You.
14. CHILDREN’S
ONLINE PRIVACY PROTECTION ACT (“COPPA”). YOU MUST BE AT LEAST EIGHTEEN
(18) YEARS OF AGE TO SIGN UP FOR A NETGEAR ACCOUNT. NETGEAR DOES NOT
KNOWINGLY COLLECT OR SOLICIT PERSONAL INFORMATION FROM ANYONE UNDER THE
AGE OF 18, AND NETGEAR DOES NOT KNOWINGLY ALLOW SUCH PERSONS TO SIGN UP
FOR A NETGEAR ACCOUNT. IF YOU ARE UNDER EIGHTEEN (18) YEARS, DO NOT
ATTEMPT TO CREATE A NETGEAR ACCOUNT OR SEND ANY INFORMATION ABOUT
YOURSELF TO US WITHOUT PARENTAL CONSENT. NO ONE UNDER EIGHTEEN (18)
YEARS OF AGE MAY PROVIDE ANY PERSONAL INFORMATION TO NETGEAR WITHOUT
PARENTAL CONSENT. IF NETGEAR LEARNS THAT WE HAVE COLLECTED PERSONAL
INFORMATION FROM SOMEBODY UNDER EIGHTEEN (18) YEARS OF AGE WITHOUT
VERIFICATION OF PARENTAL CONSENT, WE WILL DELETE SUCH INFORMATION. IF
YOU BELIEVE THAT WE HAVE ANY INFORMATION FROM OR ABOUT A CHILD UNDER
EIGHTEEN (18) YEARS OF AGE, PLEASE CONTACT US AT LEGAL@NETGEAR.COM.
15. SOFTWARE UPDATES AND UPDATES TO THE PRODUCTS
Software Updates.
By using the Product, You agree to receive all Software Updates and
upgrades that NETGEAR sends to the software included in the Product. You
specifically agree Your Product may: (i) communicate with NETGEAR
servers from time to time to automatically check for available updates,
such as bug fixes, critical system updates, patches, enhanced functions,
upgrades, missing plug-ins and new versions (collectively, “Software Updates”)
and (ii) install the Software Updates. Such Software Updates may be in
various forms and are generally provided for the purposes of improving
the performance, security and reliability of the Product.
16. PROVISION OF THE PRODUCT AND LIMITATIONS ON USAGE
16.1 Product; License.
The Product is provided to You by NETGEAR for Your personal,
non-commercial use only and may not be resold, in whole or in part.
Except as expressly provided in these Terms and Conditions, You may not
transfer the Product or the right to receive any related services. You
further agree not to misuse the Product, violate the law in connection
with the Product, or help anyone else to do so. Subject to Your
compliance with these Terms and Conditions, NETGEAR grants You a
personal, non-exclusive, non-transferable, limited license to enter and
use software provided to you in connection with the Product. Any
unauthorized use of the Product for any purpose is prohibited.
16.2 Limitations on Use.
Unless otherwise specified in these Terms and Conditions or any
applicable Additional Terms, in connection with Your use of the Product,
You will:
(a) Not
reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purpose any of the Product or parts thereof, use of the
Product or access to the Product;
(b) Not remove any proprietary notice language corresponding to the Product;
(c) Make no modifications to any such Product, except where such rights cannot be excluded under applicable law;
(d) Not
attempt to gain unauthorized access to any portion or feature of the
Product, or any other systems or networks connected to the Product or to
any NETGEAR server, or to any of the services offered on or through the
Product, by hacking or any other illegitimate means;
(e) Not
to use the Product to: (i) upload, post, email, transmit or otherwise
make available any content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or
invasive of another’s privacy or harms minors in any way; (ii)
impersonate any person or entity; (iii) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any content
transmitted through the Product; (iv) upload, post, email, transmit or
otherwise make available any content that You do not have a right to
make available under any law or under any contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements); (v) upload, post, email, transmit or
otherwise make available any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any
party; (vi) upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
“junk mail, “spam,” “chain letters,” “pyramid schemes,” or any other
form of solicitation, except in those areas (such as shopping) that are
designated for such purpose; (vii) interfere with or disrupt the
Products or servers, networks or other equipment connected to the
Products (including without limitation denial-of-Service attacks) or
disobey any requirements, procedures, policies or regulations of
networks connected to the Product; (viii) intentionally or
unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange including, without
limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ and any regulations having the force of law; and (ix) “stalk”
or otherwise harass another person;
(f) Comply with and follow instructions made available to You by NETGEAR in connection with the Product;
(g) At
all times observe these Terms and Conditions and any applicable law or
regulation in the relevant jurisdictions including the jurisdiction
where You are a resident or from where You are using the Product.
17. NETGEAR PRODUCT LICENSE
17.1 Ownership.
(a) As
between You and NETGEAR, NETGEAR owns all right, title and interest in
and to the Product, including without limitation all applicable
intellectual property rights or other proprietary rights in such
Products and in the associated devices, regardless of whether
registered/legally secured or not. Except for the rights expressly
granted to You in these Terms and Conditions and any Special Terms,
NETGEAR retains all rights in or pertaining to the Product.
(b) You
may need to use certain software programs to use or have full access to
certain features of the Product. You are required to accept and use the
software included in the Product at the time of purchase and other
software programs that may be delivered to Your Product by NETGEAR from
time to time. NETGEAR and its licensors own all right, title, and
interest to such software and intellectual property rights in such
software. NETGEAR also retains ownership of all NETGEAR copyrights and
trademarks (including the NETGEAR Brands). In the case of third party
software delivered by NETGEAR to the Products, the applicable third
party retains title to and ownership of its software, copyrights and
trademarks.
17.2 License Restrictions. Without limiting Section 16, You are not permitted to:
(a) grant any other user or third party a license to use the Product or otherwise to access Your account;
(b) use the Product to provide the Product or related services to other users or any other third parties;
(c) otherwise
assign, grant a sublicense in, or grant a security interest in or over
Your account and/or the Product or any rights under it, loan or lease
the Your account and/or the Product, or otherwise transfer the Your
account and/or the Product or any rights under it to any third party; or
(d) copy,
edit, modify, alter or create a derivative work of, reverse engineer,
disassemble, decompile, create derivative works of, or otherwise attempt
to extract the source code of Product (or any part of it), unless
expressly permitted by NETGEAR in writing, or to the extent permitted
under the laws applicable to You, and You will not permit or grant a
license to any third party to do so.
17.3 Open Source Software. Certain components of the software for the Products are subject to the GNU General Public License (“GPL”) or other so-called open source licenses (“Open Source Software”). Open Source Software may not be subject to the restrictions in Section 16
of these Terms and Conditions. You are free to use, modify and
distribute Open Source Software that is subject to the GPL or other free
or open source software licensing model in the Software’s
Documentation. so long as You comply with the terms of the GPL
(available at www.gnu.org/copyleft/gpl.html)
or such other free or open source software licensing terms. For
clarification, these Terms and Conditions do not limit Your rights
under, or grant You rights that supersede, the license terms of any
applicable Open Source Software.
18. TRADEMARKS
18.1 You
are not entitled to use any of NETGEAR’s trade names, trademarks,
Service marks, logos, domain names, or other distinctive brand features
(“NETGEAR Brands”) without
NETGEAR’s prior written consent. To the extent that You are entitled to
use the NETGEAR Brands under a separate written agreement with NETGEAR,
such use is only permitted in accordance with such separate agreement.
18.2 You
are not permitted to remove, obscure, conceal, modify or otherwise
alter any proprietary rights notices, signs, trademarks, Service marks,
trade names, logos or other marks of NETGEAR or any third party
(including copyright and trade mark notices) which pertain to, are
affixed to or which are contained within the Products and You agree not
to use any such signs, trademarks, Service marks, trade names, logos or
other marks of NETGEAR or any third party in a way that is intended to,
likely to or foreseeable to mislead others or cause confusion about the
owner, license holder or authorized user, as the case may be, of such
marks, names or logos.
19. ADVERTISEMENTS
19.1 You
agree that NETGEAR may, as part of the Product, place or display to You
advertisements, promotion materials or other content and materials or
products, or otherwise communicate with you electronically, for
promotional purposes as set out in the Privacy Policy at https://www.netgear.com/about/privacy-policy/.
19.2 NETGEAR
may send You marketing emails or newsletters and may try to contact You
directly by phone for marketing purposes only in accordance with
applicable laws and its Privacy Policy.
20. CONTENT PROVIDED IN THE PRODUCT
20.1 Content
is entirely the responsibility of the originator of such Content. The
Content may include, without limitation, advertisements, promotional
material, sponsored elements or other material.
20.2 The
Content may be protected by proprietary or intellectual property rights
of third parties (such as partners, advertisers and sponsors or their
agents who provide such Content to NETGEAR). You are not permitted to
modify, rent, lease, loan, sell, distribute or create derivative works
based on any Content (either in whole or in part) or to grant licenses
in the Content.
21. USER CONTENT AND USER CONTENT LICENSE
21.1 By
uploading, transmitting, creating, posting, displaying or otherwise
providing any User Content, You hereby grant NETGEAR a worldwide,
royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable and
transferable license to (a) use, distribute, reproduce, modify, adapt,
make derivative works of, publicly perform and publicly display such
User Content to the full extent necessary for use of the Product, and
(b) maintain a copy of the User Content (including all related
intellectual property rights) for archival and legal purposes (“User
Content License”).
21.2 NETGEAR
does not claim ownership of the User Content You submit or make
available for inclusion on the Products or NETGEAR account and You will
retain any copyright and any other rights to any User Content provided
by You on or through the Product or NETGEAR account. For clarity, the
foregoing User Content License grants to NETGEAR do not affect Your
ownership of or right to grant additional licenses to the material in
Your User Content, unless otherwise agreed to in writing.
21.3 Any
protection and enforcement of any intellectual property rights which
exist or pertain to the User Content are entirely Your responsibility
and NETGEAR is not obliged to protect and enforce the User Content on
Your behalf.
21.4 If
You send or post certain specific submissions at our request (e.g., via
message boards or in connection with contests) or if You send us
suggestions, ideas, notes, photographs, drawings, concepts, comments,
improvements, recommendations, other feedback relating to improving the
Products, or any other information (each, a “Submission” and
collectively, the “Submissions”), the Submission will be treated as
non-confidential in each instance. “Submissions” are separate and apart
from User Content. None of the Submissions will be subject to any
obligation of confidence on the part of NETGEAR, and NETGEAR will not be
liable for any use or disclosure of any Submissions. Any Submission may
be used by NETGEAR without restriction for any purpose whatsoever,
including, without limitation, reproduction, disclosure, transmission,
publication, broadcast or posting, and You hereby irrevocably waive,
release and give up any claim that any use of such Submission violates
any of Your rights, including, without limitation, copyrights,
trademarks, moral rights, privacy rights, proprietary or other property
rights, publicity rights, or right to credit for the material or ideas.
NETGEAR will have and is irrevocably granted the right, but not the
obligation, to use and otherwise exploit the Submission in any manner
for any purpose, including but not limited to reproduce, modify, adapt,
publish, broadcast, license, perform, post, sell, translate,
incorporate, create derivative works from, or distribute the Submission
in any and all media, now known or hereafter devised, throughout the
universe, in perpetuity, without according You any compensation or
credit. You further irrevocably grant NETGEAR the right, but not the
obligation, to use Your name in connection with your Submissions. By
submitting a Submission to NETGEAR, You represent that such Submission
is original with You and does not violate or infringe upon the rights of
any third parties, including, without limitation, any intellectual
property rights and rights of publicity and/or privacy. Submissions will
not be acknowledged or returned. You agree and understand that NETGEAR
is not obligated to use any Submission You make to NETGEAR and You have
no right to compel such use. You hereby acknowledge and agree that Your
relationship with NETGEAR is not a confidential, fiduciary, or other
special relationship, and that Your decision to submit any material to
NETGEAR does not place NETGEAR in a position that is any different from
the position held by members of the general public with regard to Your
Submission. You understand and acknowledge that NETGEAR has wide access
to ideas, stories, designs, and other literary materials, and that new
ideas are constantly being submitted to it or being developed by
NETGEAR’s own employees. Many ideas or stories may be competitive with,
similar or identical to Your Submission in theme, idea, plot, format or
other respects. You acknowledge and agree that You will not be entitled
to any compensation as a result of NETGEAR’s use of any such similar or
identical material. Finally, You acknowledge that, with respect to any
claim You may have relating to or arising out of a NETGEAR ‘s actual or
alleged exploitation or use of any material You submit to NETGEAR, the
damage, if any, thereby caused will not be irreparable or otherwise
sufficient to entitle You to injunctive or other equitable relief or to
in any way enjoin the production, distribution, exhibition or other
exploitation of any production based on or allegedly based on the
material, and Your rights and remedies in any such event will be
strictly limited to the right to recover damages, if any, in an action
at law. NETGEAR may from time to time request that Users voluntarily
donate their User Content for NETGEAR’s research and product development
efforts (“Donated User Content”). If You choose to donate Your User
Content then NETGEAR will make it clear that you are voluntarily doing
so. For such Donated User Content, You grant NETGEAR a worldwide,
royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable and
transferable license to (a) view, use, distribute, reproduce, modify,
adapt, make derivative works of, publicly perform and publicly display
the Donated User Content (including all related intellectual property
rights) to the full extent necessary to provide, improve, and modify
NETGEAR products and services, and (b) maintain a copy of the Donated
User Content for research, product improvement, product development,
archival and legal purposes. You further agree that NETGEAR will have
the right to alter, modify or combine the Donated User Content with
other works, and hereby waive any claim to ownership of any derivative
works of Donated User Content or that any derivative works of the
Donated User Content constitutes a violation of any "moral rights" or a
distortion, mutilation or disparagement or contains unauthorized
variations of Donated User Content. You further represent, warrant and
covenant that: (a) You are the sole owner, assignee and holder of record
title to the Donated User Content AND (ii) you have full power and
authority to make the present license to the Donated User Content.
22. YOUR REPRESENTATIONS AND WARRANTIES
22.1 WARRANTY.
NONUSE OF NETGEAR PRODUCTS IN CERTAIN SYSTEMS.
You agree that You will not use the NETGEAR Products in the operation
of nuclear facilities, life support systems, emergency communications,
aircraft navigation or communication systems, air traffic control
systems or any other such activities in which the failure of the
Products could lead to death, personal injury or severe physical or
environmental damage.
USER CONTENT.
You are entirely responsible for the user content provided by You and
for any consequences arising in connection with that user content
(including any loss or damage suffered or incurred by NETGEAR, as set
out in Section 24). In particular, You warrant and represent to NETGEAR that:
(a) You
are the owner of all rights pertaining to the user content or otherwise
authorized to grant NETGEAR the user content license;
(b) The user content will not infringe any intellectual property or other third party rights or contain any insider information;
(c) The
user content will not contain any material which is harmful,
inaccurate, pornographic, abusive, obscene, threatening, defamatory, or
which is otherwise illegal or which does not comply with applicable law;
(d) The
user content will not contain any viruses or other harmful software,
code or similar means and devices which could damage, harm, disable or
otherwise impact or limit the function and performance of the Product
and/or any device accessing such user content, regardless of whether
this device belongs to NETGEAR or any other user or third party
including server, network nodes or any similar equipment;
(e) The
user content will comply and conform to any age classification rules
and requirements (including accurate and adequate classification and
rating of any user content, as the case may be) under the applicable
laws, including the country in which You are a resident or from which
You are using the Product;
(f) The
use of the user content by NETGEAR will not impose any obligation upon
NETGEAR to pay any kind of monetary contribution (including license
fees, dues or otherwise) to any third party (in particular collecting
societies); and
(g) You will not falsely represent Yourself by impersonating other people.
22.2 INDEMNITY.
You agree to defend, indemnify and hold harmless NETGEAR from and
against any all claims, proceedings, injuries, liabilities, losses,
costs and expenses (including reasonable attorneys’ fees), including but
not limited to, claims alleging negligence, invasion of privacy,
copyright infringement and/or trademark infringement against NETGEAR,
relating to or arising out of Your breach of Your representations,
warranties, covenants or obligations under these Terms and Conditions,
Your misuse of the Products, or Your unauthorized modification or
alteration of any NETGEAR Products.
23. NETGEAR’S REPRESENTATIONS AND WARRANTIES
23.1 To
the extent possible under governing law, (other than a limited hardware
or other warranty specifically provided by NETGEAR) the Products
(including any documents or material, software and firmware updates
downloaded, installed or otherwise obtained through the use of the
Products) are provided by NETGEAR on an “as is” and “as available” basis
and Your use of the Product is at Your own risk. NETGEAR is not
responsible for any damage to Your mobile phone or mobile phone’s
software, computer system or other device or device’s software or any
loss of data that is caused by or results from the download and/or use
of any such documents and/or material.
23.2 To
the extent allowed under applicable law, NETGEAR and its suppliers
disclaim all warranties of any kind, whether express, implied, or
statutory, regarding the Products, including any implied warranty of
title, merchantability, fitness for a particular purpose, or
noninfringement of third party rights. NETGEAR hereby further
expressly disclaims all liability for any claims for Product failures
that are due to normal Product wear, Product misuse, abuse, Product
modification, improper Product selection or Your non-compliance with any
and all applicable Federal, state, or local laws. This warranty and
warranty disclaimer give You specific legal rights, and You may have
other rights that vary by state, province, or country. Other than as
permitted by law, NETGEAR does not exclude, limit or suspend other
rights You have, including those that may arise from the nonconformity
of a sales contract. For a full understanding of Your rights You should
consult the laws of Your state, province, or country. [For Australian
customers: Please note that this warranty is in addition to any
statutory rights in Australia in relation to Your goods which, pursuant
to the Australian consumer law, cannot be excluded.]
NETGEAR
makes no warranty that the Product will meet Your requirements or that
use of the Product will be uninterrupted, timely, secure or error-free;
nor does NETGEAR make any warranty as to the accuracy or reliability of
any information obtained through the Product (including third party
content), that any defects in the Product will be corrected or that the
Product will be compatible with any other specific hardware or Product.
Further, NETGEAR does not warrant that the Product or the NETGEAR
servers that provide You with data and content are free of viruses or
other harmful components; NETGEAR also assumes no responsibility for and
shall not be liable for any damages caused by viruses that may infect
Your computer software or other hardware.
23.3 You
agree that NETGEAR is not an insurer and that NETGEAR is not providing
You with insurance of any type. Any amounts that You pay NETGEAR for the
Product are not insurance premiums and are not related to the value of
Your property, anyone else’s property located in Your premises, or any
risk of loss at Your premises. If You want insurance to protect against
any risk of loss at Your premises, You will purchase it. In the event of
any loss, damage or injury, You will not look to NETGEAR to compensate
You or anyone else. You release and waive for Yourself and Your insurer
all subrogation and other rights to recover against NETGEAR arising as a
result of the payment of any claim for loss, damage or injury.
23.4 NETGEAR’s
devices and services do not cause and cannot eliminate occurrences of
certain events, including but not limited to, fires, floods, burglaries,
robberies and medical problems. NETGEAR makes no guaranty or warranty,
including any implied warranty of merchantability or fitness for a
particular purpose, that the devices and services provided will detect
or avert such incidents or their consequences. NETGEAR does not
undertake any risk that You or Your property, or the person or property
of others, may be subject to injury or loss if such an event occurs. The
allocation of such risk remains with You, not NETGEAR.
23.5 NETGEAR
does not warrant that any of its services, including subscription
services, is free of errors or mistakes. NETGEAR does not warrant or
represent that defects or limitations in the service will be corrected.
Nor does NETGEAR warrant or represent that the service shall be
available continuously. Certain extenuating circumstances may cause the
service to be interrupted. NETGEAR provides no remedies for such service
interruptions. Data loss during service is always a possibility, and in
some cases, data may be unrecoverable, erased, or reformatted during
service. NETGEAR is not responsible for loss, recovery, or compromise of
data, software or programs, or loss of use of Your product or other
equipment arising out of the service. In addition, NETGEAR provides no
remedies for any loss of data resulting from use of the service.
23.6 When
You subscribe to NETGEAR’s extended warranty and support services,
NETGEAR will use reasonable effort to resolve Your problem. However, the
complexity of technology will inevitably result in NETGEAR being unable
to resolve certain customer problems. You acknowledge that You are
aware of this limitation. NETGEAR does not guarantee problem resolution
to every customer problem. NETGEAR will only exercise reasonable effort
to resolve Your technical problem. You further agree that due to the
rapidly changing nature of technology, NETGEAR cannot be held
responsible for supporting every computer-related product in the market.
NETGEAR will attempt to indicate which products or product lines are
supported on its web site. NETGEAR may, at its own sole discretion,
decide to provide technical support for a product not listed on the web
site. In this case, NETGEAR warrants support only for the specific
problem instance and does not warrant that it will continue to support
such unlisted product beyond that instance.
24. LIMITED DEVICE WARRANTIES FOR REGISTERED PRODUCTS
24.1 Registration.
Notwithstanding other provisions in this Agreement, NETGEAR warrants to
the original purchaser that if You register Your device online with
NETGEAR, the device will be free from defects in materials and
workmanship under normal use for a period of one (1) year from the date
of original retail purchase (“Limited Device Warranty”). For more
specific instructions on how to register Your NETGEAR device and
warranty details, visit https://www.netgear.com/about/warranty/.
24.2 Remedies.
If during this period, such a defect arises, NETGEAR will, at its
option and to the extent permitted by law, either (1) repair the device
at no charge, using new or refurbished replacement parts, or (2) replace
the device with a new or refurbished device. In the event of such a
defect, to the extent permitted by law, these are Your sole and
exclusive remedies. This Limited Device Warranty is valid only in the
jurisdictions where the devices are sold through NETGEAR’s authorized
resellers or agents, and is valid to the extent permitted by the
applicable laws of such jurisdictions. Any replacement device will be
warranted for the remainder of the original warranty period or thirty
(30) days, whichever is longer, or for any additional period of time
that may be required by applicable law.
24.3 Instructions. To obtain service under this Limited Device Warranty, contact NETGEAR’s customer service team at support@netgear.com.
NETGEAR may require You to furnish proof of purchase details and/or
comply with other requirements before receiving warranty service.
24.4 Exclusions and Limitations.
This warranty does not apply to a device or part of a device that has
been serviced, altered, refurbished, or modified by anyone who is not
authorized by NETGEAR, nor does it apply to any cosmetic damage such as
scratches and dents. In addition, this Limited Device Warranty does not
apply to damage or defects caused by (1) accident, abuse, misuse,
mishandling, flood, fire, earthquake or other external causes; (2)
normal wear and tear or aging of the device; or (3) operating the device
(a) outside the permitted or intended uses described by NETGEAR, (b)
not in accordance with instructions provided by NETGEAR, or (c) with
improper voltage or power supply.
24.5 TO
THE EXTENT PERMITTED BY LAW, THE LIMITED DEVICE WARRANTY AND REMEDIES
SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND
REMEDIES, AND NETGEAR SPECIFICALLY DISCLAIMS ALL STATUTORY OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR
LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED
WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES
SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED
DEVICE WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE. SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
24.6 Playback Quality; Streaming.
The playback resolution and quality of any Purchased Content will
depend on a number of factors, including the type of device on which You
are accessing the Purchased Content and Your bandwidth, which may
increase or decrease during use. If NETGEAR detects that any Purchased
Content it is streaming may be interrupted or may otherwise not play
properly due to bandwidth constraints or other factors, NETGEAR may
decrease the resolution or file size of the streamed Purchased Content
in an effort to provide an uninterrupted experience. NETGEAR does not
guarantee the resolution or quality of the Purchased Content You will
receive while streaming.
25. YOUR LIABILITY
25.1 You are entirely responsible for any breach of Your obligations under:
(a) These Terms and Conditions; and
(b) Any
applicable law or regulation in the relevant jurisdiction, including
the jurisdiction where You are a resident or from where You are using
the Products and for the consequences of any such breach, including any
loss or damage which NETGEAR or any third party may incur or suffer.
25.2 NETGEAR will have no responsibility to You or to any third party with respect to the foregoing.
26. NETGEAR’S LIABILITY
26.1 Subject to Section 24.3,
NETGEAR is not liable to You, regardless of the legal grounds, whether
in contract, tort (including negligence) or any theory of liability, and
whether or not the possibility of such damage or losses has been
notified to NETGEAR, for:
(a) Any direct, incidental, special or consequential damages;
(b) Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
(c) Any damage to and/or corruption or loss of date (whether direct or indirect);
(d) Any loss or damage as a result of:
Any
breach of the Terms and Conditions of this Agreement or any other
agreement or contractual relationship between NETGEAR and You which is
attributable to negligence on the part of NETGEAR, and its suppliers,
partners and/or licensors;
Any
reliance placed by You on the suitability, accuracy, completeness,
reliability or existence of any (a) Products (including any software,
information documents, materials made available to You as part or in
course of the usage of the Products) or (b) advertising or as a result
of any relationship or transaction between You and any advertiser or
sponsor whose advertising (including any promotional material) is made
available on or by Your use of the Products;
Any
content, including, but not limited to, the loss of content, 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 Products;
Any
changes, modifications, extensions or limitations (including any
suspension of Your use of the NETGEAR website, services, access to Your
account and account data or Your registration date) to the Products, or
any permanent or temporary cessation in the provision of the Products
(or any part of them); or
The
use of Your account data by any other person than Yourself (regardless
of whether with or without Your knowledge). You are fully responsible
and liable to compensate NETGEAR for any damage and/or loss incurred due
to the use of Your account data by someone else.
26.2 In
the event that NETGEAR is liable for a breach of these Terms and
Conditions, NETGEAR’s liability shall be limited to actual damages which
NETGEAR must typically expect at the time of the conclusion of this
Agreement due to the circumstances known at the time. Moreover, if
NETGEAR mistakenly or wrongfully overcharges Your account, this section
does not limit NETGEAR’s ability to refund such mistakenly or wrongfully
overcharged amounts.
26.3 Nothing in these terms and conditions shall exclude or limit NETGEAR’s:
(a) Liability for death, personal injury resulting from NETGEAR’s negligence or in accordance with any product liability act; and
(b) Liability
for damages or losses which may not be lawfully excluded or limited
under applicable mandatory law. If the laws in the User’s jurisdiction
do not allow the exclusion of certain warranties, terms or conditions or
the limitation or exclusion of liability for loss or damage caused by
negligence, breach of contract or breach of implied terms, or incidental
or consequential damages, only the limitations which are lawful in that
jurisdiction will apply to the User and NETGEAR’s liability and
warranty will be limited to the maximum extent permitted by applicable
law.
27. TERMS APPLICABLE TO NETGEAR’S iOS APP(S)
27.1 In
addition to Your agreement with these Terms and Conditions, the
following provisions apply with respect to Your use of any version of a
NETGEAR mobile software application (“App”) for iPhone compatible with the iOS operating system of Apple Inc. (“Apple”):
(a) Apple
is not a party to these Terms and Conditions and does not own and is
not responsible for any NETGEAR App. Apple is not providing any warranty
for the NETGEAR App except, if applicable, to refund the purchase price
for it. Apple is not responsible for maintenance or other support
services for the NETGEAR App and will not be responsible for any other
claims, losses, liabilities, damages, costs, or expenses with respect to
the NETGEAR App, including any third party product liability claims,
claims that the NETGEAR App fails to conform to any applicable legal or
regulatory requirement, claims arising under consumer protection or
similar legislation, and claims with respect to intellectual property
infringement. Any inquiries or complaints relating to the use of the
NETGEAR App, including those pertaining to intellectual property rights,
must be directed to NETGEAR in accordance with Section 31 (“Contact Information”).
(b) The
license You have been granted in these Terms and Conditions is limited
to a non-transferable license to use the NETGEAR App on an Apple-branded
product that runs Apple’s iOS operating system and is owned or
controlled by You, or as otherwise permitted by the Usage Rules set
forth in Apple’s App Store Terms of Service. In addition, You must
comply with the terms of any third party agreement applicable to You
when using the NETGEAR App, such as Your wireless data Service
agreement.
(c) You
represent and warrant that (1) You are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a “terrorist supporting” country; and (2) You are
not listed on any U.S. Government list of prohibited or restricted
parties.
(d) Apple
and Apple’s subsidiaries are third party beneficiaries of these Terms
and Conditions and, upon Your acceptance of the terms and conditions of
these Terms and Conditions, will have the right (and will be deemed to
have accepted the right) to enforce these Terms and Conditions against
You as a third party beneficiary thereof; notwithstanding the foregoing,
NETGEAR’s right to enter into, rescind or terminate any variation,
waiver, or settlement under these Terms and Conditions is not subject to
the consent of any third party.
28. FORCE MAJEURE
28.1 NETGEAR
is not liable or responsible for any failure to perform, or delay in
performance of any of NETGEAR’s obligations under these Terms and
Conditions that is caused by events outside NETGEAR’s reasonable control
(“Force Majeure Event”), in particular (without limitation) (a)
unavailability of public or private telecommunication networks, (b)
acts, decrees, legislation, regulations or restrictions of any
government, or (c) strikes, lock-outs or other industrial action, civil
commotion, riot, invasion, terrorist attacks or threats of terrorist
attacks, war (whether declared or not) or any natural disaster.
28.2 NETGEAR’s
performance under these Terms and Conditions is deemed to be suspended
for the period that Force Majeure Event continues, and NETGEAR will have
an extension of time for performance for the duration of that period.
29. THIRD PARTY SITES AND OTHER CONTENT
29.1 The
Products may contain content from and hyperlinks to content resources
and services of third parties, including other websites and Third Party
Content, and NETGEAR may also integrate third party technologies into
the Products (“External Resources”).
NETGEAR is not responsible for, does not endorse and has no control
over the content (including advertisements, products and other
materials) provided, made available and/or displayed to You under these
External Resources and is not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with Your use of or reliance on such content (including
any reliance by You on the availability, accuracy, applicability or
completeness of the content) which is made available to You, provided to
You or displayed to You under these External Resources. If You choose
to access, transact with, or otherwise interact with any such External
Resources, you do so at your ow risk.
29.2 The Products may give You the ability to access media content controlled by third parties (“Third Party Content”)
over which NETGEAR exercises no editorial or programming control. You
understand that: (i) Third Party Content providers may restrict or
revoke access to their content at any time; (ii) to the extent possible
under the governing law, NETGEAR is not responsible for and has no
editorial control over any Third Party Content; and (iii) NETGEAR has no
control over the distribution of Third Party Content. You agree that
NETGEAR will have no liability to You or anyone else who uses Your
system with regard to any Third Party Content. You also agree and
declare that any and all Third Party Content accessed or transferred
using the Products is for personal, non-commercial use and that the
Products will not be used to illegally copy, illegally display or
otherwise make illegal use of Third Party Content. Generally,
authorization from the appropriate rights holder is needed prior to
displaying, using, or copying
Third Party Content. Unauthorized copying or distribution of
copyrighted works may constitute an infringement of the copyright
holders’ rights. You understand that by using the Products You are
exposed to the risk that You may find some Content offensive, indecent
or objectionable and that any use of the Products as regards such
exposure is entirely at Your own risk.
29.3 You
may from time to time and as a result of or through the use of the
Products purchase or avail Yourself of Third Party Products, and other
Services, goods or software which is provided to You by a third party.
Your use of such Third Party Products, and other services, goods or
software may be subject to Special Terms and other separate terms and
conditions between You and the respective third party. This Agreement
does not affect Your legal relationship with that third party and
NETGEAR is not liable or responsible for any Third Party Products, and
other services, goods or software provided to You by any third party.
29.4 When
You use a third party application, the application may ask for Your
permission to access Your content and information in order for the
application to work as intended. Your agreement with the provider of
that application will control how the application can use, store, and
transfer that content and information, so be sure to thoroughly read any
such application’s terms of Service. Without limiting anything
contained in these Terms and Conditions, You agree that NETGEAR will
have no liability to You or anyone else with respect to Your agreement
with the provider of that third party application.
30. CLAIMS REGARDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS
30.1 Claims.
NETGEAR respects the intellectual property of others and we require our
users to do the same. If You believe that Your work has been copied in a
way that constitutes copyright infringement or Your intellectual
property rights have been otherwise violated please provide NETGEAR with
the following information:
(a) an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
(b) a description of the copyrighted work or other intellectual property interest that You claim has been infringed;
(c) a description of where the material that You claim is infringing is located on the NETGEAR website;
(d) Your address, telephone number, and email address;
(e) a
statement by You that You have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent or the law;
(f) a
statement by You, made under penalty of perjury, that the above
information in Your notice is accurate and that You are the copyright or
intellectual property owner or are authorized to act on the copyright
or intellectual property owner’s behalf.
Please mail this information to: Legal Department, NETGEAR, 350 E Plumeria Drive, San Jose, California 95134.
30.2 Remedies.
(a) NETGEAR
may respond to notices of alleged copyright infringement or violation
of other laws in accordance with applicable law and may terminate,
suspend or block access (either temporary or permanently) to accounts of
users who repeatedly infringe copyright laws or violate other
applicable law.
(b) NETGEAR
may terminate the accounts of users of any NETGEAR Product who infringe
the copyrights, trademarks, or intellectual property rights of others.
In addition, steps intended to defeat or bypass security measures
designed to prevent intellectual property infringement may be illegal
under U.S. law or comparable foreign laws. NETGEAR may terminate the
accounts of users who develop or use methods to defeat or bypass such
security measures and may take any other necessary or appropriate action
to prevent infringement of intellectual property holders’ rights.
31. GENERAL PROVISIONS
31.1 Entire Agreement.
These Terms and Conditions constitute the entire agreement between You
and NETGEAR and govern Your use of the Products superseding any prior
agreements between You and NETGEAR with respect to the Products. Any
representations, statements or agreements made or entered into
elsewhere, whether directly or indirectly, written or oral or in
advertising are not binding towards NETGEAR unless expressly confirmed
in writing by NETGEAR to You. You may also be subject to additional
terms and conditions that may apply when You use or purchase certain
other services, affiliate services, third party content or third party
software.
31.2 Waiver and Severability of Terms.
The failure of NETGEAR to exercise or enforce any right or provision of
these Terms and Conditions will not constitute a waiver of such right
or provision. If any provision of these Terms and Conditions is found by
a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision and the other
provisions of these Terms and Conditions remain in full force and
effect.
31.3 Third Party Beneficiaries.
Each of NETGEAR’s affiliates and subsidiaries is an intended third
party beneficiary to the provisions of these Terms and Conditions which
confer a benefit on (or rights in favor of) them. Such affiliates and
subsidiaries will be entitled to directly enforce and rely upon any
provision of these Terms and Conditions which confers a benefit on (or
rights in favor of) them. Subject to the foregoing, and except as set
forth in Section 25 regarding the Apple iOS Application, no other person will be a third party beneficiary to these Terms and Conditions.
31.4 Assignment.
You are not permitted to transfer, assign or otherwise dispose of these
Terms and Conditions which are personal to You, or any of Your rights
or obligations arising under these Terms and Conditions without the
prior written consent of NETGEAR. NETGEAR has the right to transfer,
assign or otherwise dispose of these Terms and Conditions without Your
consent.
31.5 No Right of Survivorship and Non-Transferability.
You agree that Your Products are nontransferable and any rights to Your
ID or contents within Your account terminate upon Your death. Upon
receipt of a copy of a death certificate, Your Products and related
accounts may be terminated and contents therein permanently deleted.
31.6 Choice of Law.
These Terms and the relationship between You and NETGEAR will be
governed by the laws of the State of California without regard to its
conflict of law provisions. This shall not limit the protection afforded
to You by provisions that cannot be derogated from by agreement by
virtue of applicable law.
31.7 Interpretation. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
31.8 Language of the Terms and Conditions.
The language of these Terms and Conditions is English. NETGEAR may
provide You with a translation of the English version of these Terms and
Conditions. This translation is provided for Your convenience only. In
the event of any conflict between the English language version and the
translation version of these Terms and Conditions, the English language
version takes precedence over any translation version.
31.9 Export Laws.
Recognizing the global nature of the internet, You agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, You agree to comply with all applicable laws regarding the
transmission of data exported from the United States or from the
country in which You reside. You represent and warrant that You are not
located in a country subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting”
country, and that You are not listed on any U.S. Government list of
prohibited or restricted parties. Without limiting the foregoing, You
agree that You will not use the Products in countries that are
designated under section 6(j) of the Export Administration Act.
32. SURVIVAL
32.1 The
following sections will survive any termination or expiration of these
Terms and Conditions: Sections 10.4, 10.5, 13, 16.2, 17, 18, 21, 22, 23,
24, 25, 26, 31 and 33.
33. CONTACT INFORMATION
The following NETGEAR entity is responsible for delivering the Products depending on where You are using the Products:
• The Americas: NETGEAR Inc.
• All Other International Territories
(including but not limited to Europe, Middle East, Africa, Asia
Pacific, Australia and New Zealand): NETGEAR International Limited.
Thus,
if You have any questions, complaints, or claims with respect to the
Products, You may contact us at the following addresses (as applicable):
NETGEAR, Inc.
350 East Plumeria Drive
San Jose, CA 95134
Corporate Office Phone: 408-907-8000
Corporate Office Fax: 408-907-8097
OR
NETGEAR International Limited
First Floor Building 3 University Technology Centre Curraheen Road
Cork, Ireland
Corporate Office Phone: 353 21 2333 200
Corporate Office Fax: 353 21 2333 299
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR ARMOR
1. NETGEAR
Armor (powered by Bitdefender) (“Armor”) offers an Internet control
software which, when installed on Your networking device (e.g., router,
computer, mobile, mobile computer device), intercepts Internet-bound
traffic and blocks certain unsafe applications that may attempt to
access protected resources on Your device. This may result in
applications not starting or behaving properly. You acknowledge that if
You grant access to these applications, it may result in data loss or
data theft.
2. Your
prepaid Armor Subscription may be cancelled within thirty (30) days of
purchase. If You cancel after 30 days, Your payment is non-refundable
and Your service will continue until the end of Your contracted term.
3. If
Your Armor Subscription Services were bundled with a NETGEAR Product,
Your subscription period shall begin on the earlier of 1) the date You
activate Your Armor Services, or 2) ninety (90) days from the date You
install your Product (e.g., router), and shall last for the length of
Your subscription period. Your Services will automatically be
deactivated at the end of the subscription period, and You will not be
entitled to receive any feature or content updates, unless You renew.
4. Your Armor Services may have an Anti-Theft feature available, and if installed and turned on, would allow
You to track the device location, disable access to the device,
transmit images that have been capture with the camera of Your device or
voice records that have been recorded by the recorder of Your device.
5. During
the installation process, Armor may uninstall or disable other security
products if such products or features are incompatible with Armor.
6. You
may not use Armor to gain unauthorized access, to upload, transmit, and
transfer data or information to NETGEAR, Bitdefender or third parties
by any means. You agree that Your use of Armor will be in compliance
with any laws which are applicable to You.
7. You
agree to accept, install and use any updates and upgrades to the Armor
software that are transmitted to You automatically. The functionality of
Armor can only be preserved during Your subscription if all received
updates and upgrades are installed immediately following receipt.
8. EXCEPT
AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NETGEAR AND ITS LICENSORS
DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
ARMOR SERVICE, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR
ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED.
NETGEAR HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND
CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF
DATA, DEVICE FAILURE OR MALFUNCTION, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL
CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS
WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE,
OR TRADE USAGE. The foregoing provision shall be enforceable to the
maximum extent permitted by applicable law.
9. You
agree that Your Armor Services may contain features and functionalities
that allow You to protect information on Your device(s). You may be
required to provide a password in order to encrypt and protect such
information. You are aware that the features and functionalities may
sync encrypted information across devices based on Your request. You
will not be able to recover the information You have encrypted if You
lose or forget the password. You are aware that the level of encryption
that can be used by Armor should protect Your information from the
average device user; however, You acknowledge that the encryption may be
broken. You also acknowledge that information that has been encrypted
may not be unencrypted if Your hard drive has bad sectors or fails.
NETGEAR shall not be held responsible for access to Your data, device or
system where You have provided Your password to a third party or have
failed to use reasonable efforts to protect such information, password,
answers to challenge questions, or user error. Further, NETGEAR is not
liable to You for any privacy breach or loss of data from unauthorized
access to Your data, device, or system by third parties.
10. NETGEAR
or Bitdefender may send You legal notices and other communications
regarding Your subscription and maintenance services using the
information You provide us. Such notices or communications may be sent
via in-product notices or email, or posted on the NETGEAR website.
11. You
acknowledge and agree that NETGEAR or Bitdefender may collect and use
certain personal and technical information, including suspect files,
network and equipment information, product usage, detected malware,
unwanted files, and service traffic to improve its products, provide
related services, and adapt them and to prevent the unlicensed or
illegal use of the product or damage resulting from the malware
products. You further acknowledge and agree that the security technology
used may scan Your network traffic to detect the malware and to prevent
the damages resulting from the malware products. Any personal data will
be collected, stored and used according to the Privacy Notice at https://www.netgear.com/about/privacy-policy/default.aspx.
12. You
agree to upload any executable files for the purpose of being scanned
by NETGEAR or Bitdefender servers. This information from Your computer
may be sent to NETGEAR or Bitdefender only with Your permission, and
will not be sent automatically. The information is collected for the
purpose of improving Armor performance or statistic information. This
information will not be correlated with any personal data or personal
identifiable information. You agree that NETGEAR may (i) use uploaded
data from Your Armor Services to improve products and services; (ii) use
uploaded data for analysis or reporting purposes only if any such use
does not identify You or include any information that can be used to
identify any individual person.
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR PROSUPPORT FOR HOME
1. A
NETGEAR ProSupport for Home Services subscriber, who has not used the
entitled services, may choose to unsubscribe the plan and receive a full
refund within the first ten (10) business days of the subscription by
calling 1-855-432-7432. After ten (10) business days, the subscription
is NOT refundable. If the services have been used, NETGEAR will deduct
an amount proportional to the usage (number of incidents multiplied by
the ongoing pay per-incident rate) and refund the balance amount.
Pay-per-incident services are NOT refundable.
2. NETGEAR
ProSupport for Home offers the following warranty and support options
for a period specified when You subscribe to the service: (1) Extended
Warranty (2) Extended Warranty and Support
2.1 Extended Warranty
Extended
Warranty extends and enhances the Limited Hardware Warranty for a
supported and new NETGEAR product for which You purchase the Extended
Warranty (“Supported Product”). You must purchase Extended Warranty
within 90 (ninety) days from the date of Your purchase of a supported
and new NETGEAR product. While a Supported Product is under warranty,
NETGEAR will repair or replace the product with the same or functionally
equivalent product free of charge.
2.2 Extended Warranty and Support
Extended
Warranty and Support extends and enhances Limited Hardware Warranty and
Support for a Supported Product. You must purchase the Extended
Warranty and Support within 90 (ninety) days from the date of Your
purchase of a supported and new NETGEAR product. While a Supported
Product is under warranty, NETGEAR will repair or replace the product
with the same or functionally equivalent product free of charge.
Extended Warranty and Support will also entitle You to technical support
free of charge by contacting NETGEAR support at 1-855-432-7432.
3. Extended
Warranty and Extended Warranty and Support include coverage due to
Accidental Damage from Handling (“ADH”) (“ADH Coverage”), subject to the
claim limits described below. If during the Extended Warranty period,
You submit a valid claim notifying NETGEAR that the Supported Product
has failed due to ADH, NETGEAR will repair or replace the Supported
Product with the same or functionally equivalent product free of charge.
ADH Coverage only applies to an operational or mechanical failure
caused by an accident from handling that is the result of an unexpected
and unintentional event, for example, drops and spills that arise from
Your normal daily usage of the Supported Product as intended for such
product. You may be required to provide an explanation of where and when
the accident occurred with a detailed description of the actual event.
NETGEAR may deny Your claim if You fail to provide information relating
to the accident when asked. NETGEAR also reserves the right to determine
the applicability of ADH Coverage based upon the condition of the
Supported Product at the time of the claim.
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR GEARHEAD FOR HOME
1. NETGEAR
GearHead for Home Services provides remote technical support, where a
Technical Support Engineer (TSE) may, with your permission, take over
Your computer from the TSE’s remote location. Support for specific
computers, peripherals, software, and any other computer-related product
are generally described at http://gearhead.netgear.com/products_supported.html.
2. A
subscription to NETGEAR GearHead for Home Services covers computers
designated under Your NETGEAR account. The subscription covers up to
three (3) computers in a home, unless You pay for additional computers
to be covered under the same subscription. You may request for
additional computer support by contacting NETGEAR support at
1-888-939-9092.
ADDITIONAL SUBSCRIPTION TERMS FOR MEURAL CANVAS EXTENDED WARRANTY
1. A
Meural Canvas Extended Warranty subscriber, who has not used the
entitled services, may choose to unsubscribe the plan and receive a full
refund within the first ten (10) business days of the subscription by
calling 1-855-432-7432. After ten (10) business days, the subscription
is NOT refundable. If the services have been used, NETGEAR will deduct
an amount proportional to the usage (number of incidents multiplied by
the ongoing pay per-incident rate) and refund the balance amount.
Pay-per-incident services are NOT refundable.
2. NETGEAR
Meural Canvas Extended Warranty extends and enhances the Limited
Hardware Warranty for a Meural Canvas (“Canvas”). You must purchase the
Extended Warranty within 90 (ninety) days from the date of Your purchase
of a new Canvas. While a Canvas is under warranty, NETGEAR will repair
or replace it with the same or functionally equivalent Canvas free of
charge. You may contact NETGEAR support at 1-855-432-7432.
Meural
Canvas Extended Warranty does not include coverage due to accidental
damage, defined here as physical damage, breakage, or failure caused by
an accident or a result of an unexpected and unintentional event, for
example, drops, spills, breakage, or damage that arise from Your normal
daily usage of the Canvas.
ADDITIONAL TERMS FOR NETGEAR E-STORE
1. Account. You may need to set up an account to make purchases onwww.netgear.com
(“eStore Account”) and have a valid payment method associated with it.
If there is a problem charging your selected payment method, NETGEAR may
charge any other valid payment method associated with your eStore
Account. You are responsible for maintaining the confidentiality of Your
eStore Account and password and for restricting access to Your account,
and You agree to accept responsibility for all activities that occur
under Your account or password. NETGEAR does not sell products for
children. If You are under 18, You may not create an eStore Account and
may only make purchases with a parent or guardian. NETGEAR reserves the
right to refuse service, terminate accounts, remove or edit content, or
cancel orders in its sole discretion. NETGEAR’s collection, storage and
use of Your eStore Account data will be in accordance with NETGEAR’s
Privacy Policy at http://www.NETGEAR.com/about/privacy-policy/.
2. Paying for Your Order.
NETGEAR will charge Your payment method for an item at the time of
shipment. However, NETGEAR may pre-authorize Your order amount with Your
credit card, credit account, or debit card issuer at the time You place
the order. When You pre-order with a debit card, NETGEAR will debit
Your card when You place the pre-order.
3. Order Confirmation.
An order confirmation to You does not signify NETGEAR’s acceptance of
Your order, nor does it constitute confirmation of NETGEAR’s offer to
sell. At any time after receipt of Your order, NETGEAR may accept,
decline, or place quantity or other limits on Your order for any reason.
NETGEAR may impose these limits on a per-person, per-household,
per-order, or any other basis. If NETGEAR cancels an order or part of an
order that NETGEAR already charged You for, NETGEAR will refund You the
full amount of the canceled portion of the order.
4. Price Matching.
NETGEAR consistently works toward maintaining competitive prices on its
Products and Services. NETGEAR does not offer price matching.
5. Returns, Refunds and Title.
Non-warranty returns are eligible for refund if You request a refund
and return the item(s) to us within 30 days from Your original purchase
date. You will be refunded to Your original form of payment at the
original purchase price plus applicable sales tax after we have
processed your return at our returns facility. Return
shipping charges (if any) will be deducted from Your refund. Refunds
will appear on Your statement within approximately 15 business days. If
You made Your purchase as part of a bundle or with a promotional offer,
Your refund may be adjusted and/or pro-rated accordingly. NETGEAR does
not take title to returned items until the item arrives at the returns
facility. Instructions for warranty return and replacement are found
here https://www.netgear.com/about/warranty/.
6. Shipping, Delivery, Title, and Risk of Loss. NETGEAR will pack and ship the Products in accordance with its standard practices. Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Products are shipped by a third party carrier pursuant to a shipment contract. As
a result, title to the Products and risk of loss will pass to You upon
NETGEAR’s delivery of the Products to the carrier. You acknowledge that
all scheduled shipment dates are estimates only. NETGEAR will make
reasonable efforts to meet the scheduled shipment dates, but in no event
will NETGEAR be liable for any loss, damage, or penalty resulting from
any delay in shipment or delivery.
7. Taxes.
NETGEAR is required by law to charge applicable sales taxes based on
state and local laws. Generally, the tax rate is based on the type of
product or service purchased and where Your purchase is shipped,
delivered, or picked up. Where
sales tax applies, the order total during Your checkout reflects the
estimated tax. The final sales tax charged on Your order will be
calculated at the time of shipment. Shipping charges may also be subject to tax in certain states.
8. Accuracy of Content.
NETGEAR will make reasonable efforts to accurately display the
attributes of the Products and Services it sells. NETGEAR does not
warrant that product descriptions or other content is accurate,
complete, or error free. Prices and promotions are subject to change.
NETGEAR cannot confirm the availability or price of an item until You
place Your order. Despite NETGEAR’s best efforts, sometimes an item may
not be available, the offer may have been misstated, or an item may be
mispriced. For any of these reasons, NETGEAR may cancel Your order or
contact You for instructions on the order. NETGEAR also reserves the
right to limit quantities and to revise, suspend, or terminate an event
or promotion at any time without notice.
9. Unavailability of Account; Termination; Fraud.
NETGEAR may, in its sole discretion, terminate or suspend Your use or
access to Your account for any reason, including without limitation,
breach of these Terms and Conditions. If NETGEAR notifies You that Your
access to or use of Your account is terminated, You must cease and
desist from all access or use immediately.
NETGEAR
reserves the right to cancel, delay, refuse to ship, or recall from the
shipper any order if fraud is suspected without any notice to You.
© 2019 NETGEAR, Inc. All Rights Reserved.
Revision Effective: September 19, 2019