<% hijack_logo_title() %>
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. (for the Americas) or NETGEAR International Limited (for all
other territories including but not limited to Europe, Middle East, Africa,
Asia Pacific, Australia and New Zealand) 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.
ADDITIONAL SUBSCRIPTION TERMS
FOR NETGEAR ARMOR
ADDITIONAL SUBSCRIPTION TERMS
FOR NETGEAR PROSUPPORT FOR HOME
ADDITIONAL SUBSCRIPTION TERMS
FOR NETGEAR GEARHEAD FOR HOME
ADDITIONAL SUBSCRIPTION TERMS
FOR NETGEAR MEURAL CANVAS EXTENDED WARRANTY
ADDITIONAL TERMS FOR NETGEAR
E-STORE
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. §§ 1 et 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 AND REFURBISHED PRODUCT WARRANTY FOR REGISTERED
PRODUCTS
24.1 Registration.
Notwithstanding other provisions in this Agreement, NETGEAR warrants to the
original purchaser that if You register Your new 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 Refurbished Product Warranty. Not withstanding
other provisions in this Agreement, NETGEAR warrants to the purchaser of a
refurbished product purchased from www.netgear.com or an
authorized reseller that if You register Your refurbished device online with
NETGEAR, the device will be free from defects in materials and workmanship
under normal use for a period of ninety (90) days from the date of purchase
(“Refurbished Product Warranty”).
24.3 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. The Limited Device Warranty
and Refurbished Product Warranty are valid only in the jurisdictions where the
devices are sold through www.netgear.com or 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.
24.4 Instructions. To
obtain service under the Limited Device Warranty or Refurbished Product
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.
24.5 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.
24.6 TO THE EXTENT PERMITTED BY LAW, THE LIMITED DEVICE WARRANTY
AND REFURBISHED PRODUCT 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 OR
REFURBISHED PRODUCT 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.
24.7 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.
Extended Warranty also extends your Refurbished Product Warranty
for a supported and refurbished product purchased from www.netgear.com or an
authorized reseller (“Supported Product”). You must purchase Extended Warranty
within 90 (ninety) days from the date of Your purchase of thea supported and
refurbished 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 entitles 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 on www.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 for new products are eligible for refund if You request a
refund and return the item(s) to us within 30 days from Your original purchase
date. Refurbished products purchased from netgear.com come with a 90-day
warranty and are eligible for refund if You request a refund and return the
item(s) to us within 90 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.
© 2020 NETGEAR, Inc. All Rights Reserved.
Revision Effective: May 13, 2020