Website Terms & Conditions

1.
General
1.1.
Riverbed Technology, Inc. (herein referred to as “Riverbed”, “we”, “us” or “our”) provides and makes available this website, including without limitation, any associated web pages and forums (collectively, the “Website”). All use of the Website is subject to the terms and conditions contained in these Terms of Use (“Terms”).
1.2.
By accessing, browsing or using the Website, you acknowledge that you have read, understood and agree to abide by these Terms and comply with all applicable laws and regulations. If you do not agree to the Terms, you must not use, access or browse the Website.
1.3.
Riverbed reserves the right to modify or update these Terms, make changes to the Website, or discontinue any or all of its programs, products, materials or services without prior notice. The revised Terms will become effective at the time of posting. Any use of the Website after such date will constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing or otherwise using the Website.
2.
Use of the Website
2.1.
Riverbed’s Website contains content, including but not limited to text, graphics, logos, icons, images, podcasts and video clips (collectively, “Website Content”). The Website Content is the exclusive property of Riverbed or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Website Content is the exclusive property of Riverbed and is also protected by U.S. and international copyright laws.
2.2.
Riverbed grants you a limited, revocable, nonsublicensable right to use the Website Content for information about Riverbed, its products and services. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Website Content is strictly prohibited.
2.3.
In your access and use of the Website or Website Content, you may not (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any of the Website or any Website Content retrieved therefrom; (b) use the Website or any materials obtained from the Website to develop any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Website Content; (d) use any Website Consent in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Riverbed or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained on the Website; (f) make any portion of the Website available through any timesharing system, service bureau, the internet or any other technology now existing or developed in the future; (g) remove, decompile, dissemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information from the Website; (i) use the Website for purposes of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; or (j) use the Website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations.
2.4.
You warrant to Riverbed that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
2.5.
Your rights to access, download and/or use any Riverbed products or services made available through the Website will be subject to the terms and conditions of the agreement identified on the Website and/or in connection with such products and services applicable to each such product or service, and you agree to comply with those terms and conditions.
3.
Trademarks
3.1.
The trademarks, service marks and logos of Riverbed used and displayed on this Website are registered and unregistered trademarks or service marks of Riverbed. All other trademarks mentioned in this Website are the property of their respective owners. The trademarks and logos displayed on this Website may not be used without the prior written consent of Riverbed or their respective owners.
4.
Copyright
4.1.
Except where otherwise specified, the Website Content is copyright © 2007 – 2019 Riverbed. All rights reserved.
5.
Copyright Infringement Claims
5.1.
If you believe that material or content residing on or accessible through the website infringes a copyright, please review Riverbed’s Copyright Dispute Policy posted at https://www.riverbed.com/legal/dispute-policy.html.
6.
Community Forum
6.1.
Although some of the individuals posting to this Website, including the moderators, work for Riverbed, any opinions expressed are the personal opinions of the original authors, not of Riverbed. The content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Riverbed or any other party. Riverbed does not assume any responsibility or liability for any opinions or other commentary posted on this Website or any website linked to this Website and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the content.
7.
Your Content
7.1.
We do not claim any ownership rights in any text, files, images, photos, video, sounds, software, works of authorship, or other materials that you upload or otherwise provide to our Website (collectively, “User Content”). You grant to Riverbed a worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including rights to sublicense) right to fully exercise and exploit all intellectual property, publicity, and moral rights with respect to any User Content you provide. Riverbed may modify, display, delete, transmit or distribute User Content posted on this Website in its sole discretion and without your permission. However, Riverbed shall not be responsible for controlling or editing any User Content, nor can Riverbed ensure prompt removal of inappropriate or unlawful User Content.
7.2.
By posting you agree to be solely responsible for the User Content you contribute, link to, or otherwise upload to this Website and release Riverbed from any liability related to your use of the Website. You warrant, represent and agree that you will not contribute any User Content or otherwise use the Website in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable. Riverbed reserves the right to remove any User Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Riverbed is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
7.3.
Our Website is available to the public. No information you consider confidential should be posted to this website. If you submit User Content, you agree that Riverbed may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you.
8.
Links to Third-Party websites
8.1.
This Website may contain links to third-party websites. Access to any other Internet website linked to this Website is at your own risk and Riverbed is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Riverbed is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. Riverbed provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.
9.
Privacy
9.1.
Riverbed’s Privacy Policy posted at https://www.riverbed.com/legal/privacy-policy.html applies to use of Riverbed’s Website and is incorporated herein by reference.
10.
Disclaimer
10.1.
THIS WEBSITE IS PROVIDED BY RIVERBED ON AN "AS IS" BASIS. RIVERBED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RIVERBED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RIVERBED MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
10.2.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. RIVERBED SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10.3.
Although Riverbed has attempted to provide accurate information on this Website, Riverbed assumes no responsibility for the accuracy or completeness of the information. Riverbed may change the programs or products mentioned on this website at any time without notice, but Riverbed makes no commitment to update the programs or products mentioned on this Website in any respect. Mention of non-Riverbed products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
11.
Liability Limitation
11.1.
RIVERBED WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY RIVERBED PRODUCT OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF RIVERBED MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.
Indemnification
12.1.
You agree to indemnify, and hold Riverbed, its affiliates, and its and their respective officers, directors, agents and employees harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Website Content or Website. Riverbed shall provide notice to you of any such claim, suit, or proceeding. Riverbed reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Riverbed’s defense of such matter.
13.
Export Restrictions; Legal Compliance
13.1.
You may not access, download, use or export the Website or Website Content, software, products or services provided on the Website in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
14.
Termination
14.1.
Riverbed may terminate or suspend access to the Website immediately, without prior notice or liability, if you breach any of these Terms or for any other reason.
15.
Miscellaneous
15.1.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with Riverbed's prior written consent. These Terms shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Riverbed in any respect whatsoever.