Terms of Service

ScienceLogic, Inc.

NEXUS Community

Terms of Service

 

INTRODUCTION

 

These Terms of Service (“Terms”) are a legal contract between you and ScienceLogic, Inc. (“ScienceLogic”, “we”, “us”, “our”) and govern your use of all the text, data, information, videos, software, graphics, photographs and more (collectively, “Materials”) that we may make available to you, as well as any services (“Services”) we may provide to you, through the website hosted by ScienceLogic, known as the Nexus Community, found at community.sciencelogic.com (the “Community”).

READ THESE TERMS CAREFULLY BEFORE SIGNING UP FOR AN ACCOUNT TO ACCESS AND USE THE COMMUNITY. BY CHECKING THE BOX NEXT TO THE WORDS “I HAVE READ AND AGREED TO THE TERMS OF SERVICE”, OR BY ACCESSING THE COMMUNITY, YOU INDICATE THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT ACCESS OR USE THE COMMUNITY IF YOU DO NOT ACCEPT THESE TERMS.

ACCESSING AND USING THE COMMUNITY

Thank you for visiting the Community. By accessing and using the Community, you represent, acknowledge, and agree that you are at least 18 years of age. ScienceLogic provides content through the Community and through the Services that is the intellectual property of ScienceLogic or its licensors. This Community is a resource for our users, customers and channel partners, and may be used to learn more about ScienceLogic’s products, share information and best practices for the ScienceLogic products, and to collaborate with others regarding the use of ScienceLogic products and services (the “Permitted Purposes”).

Subject to the terms and conditions of these Terms, and your compliance with these Terms, ScienceLogic hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Community for the Permitted Purposes. Except for the foregoing license, you have no other rights in the Community, or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Community or Materials in any manner, or access or use the Community or Materials for any competitive purpose. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.

You may browse the Community and access certain Materials and Services without creating an account with us. However, to take certain actions or access certain password-restricted areas of the Community (such as creating a User Submission (defined below) or joining a user group), and to use certain Services and Materials offered on and through the Community, you must successfully register for an account by following the sign-up process below.

To create an account, click “Log In/Create Account” and follow the steps. You’ll need to provide the following information:

  • A working email address with a business domain (personal e-mail accounts are not permitted)
  • First and last name;
  • Preferred username and password.

You may also provide additional, optional information so that we can provide you a more customized experience when using the Community. Once you submit the required registration information, you will receive an email either confirming your account has been registered, or, if your business domain is not already in our database, you may receive an email or similar communication indicating that you need to reach out to us to complete your registration.  If you receive such a message, please follow the instructions to activate your account. Once all steps have been completed, you will have an account with us. We reserve the right to reject your account registration for any legal reason. By registering for an account with us, you become a “Member” with access to certain password-restricted areas of the Community and to use certain Services and Materials offered on and through the Community (a “Membership”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable. You may not share your login or your membership with anyone else.

For so long as you use the account, you agree to provide true, accurate, current, and complete information. If you ever need to update your information, you can do so from your “My Account” page. If you forget your password, you can reset your password from the login screen.

You are responsible for complying with these Terms when you access the Community, whether directly or through any account that you may setup through or on the Community. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Community as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s). If you think that your password has been compromised or the Community has been breached, please notify us immediately at security@sciencelogic.com]

ELECTRONIC COMMUNICATIONS.

By using the Community and/or the Services provided on or through the Community, you consent to receiving electronic communications from us. These electronic communications may include information concerning or related to the Community and/or Services provided on or through the Community, as well as general marketing communications about ScienceLogic, ScienceLogic products, and ScienceLogic events. These electronic communications are part of your relationship with us. You acknowledge and agree that certain communications about the Community are essential to your relationship with us (such as communications about account registration, account updates, or legal notices) and you cannot opt out of such communications. You may, however, edit your notification preferences with regard to the optional Community notifications, and you may unsubscribe from general marketing communications at any time by clicking the “unsubscribe” link found in any general marketing communication. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY

We respect the information that you provide to us. Please review our Privacy Policy (“Privacy Policy”) to better understand how we use your information.

LINKS TO THIRD-PARTY SITES

The Community may sometimes provide links to third-party websites. If you use these links, you will leave the Community. We are not obligated to review any third-party websites that you access via a link from the Community, We do not control any of the third-party websites, and we are not responsible for any of the content, products, or services available through any of them. We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Community, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

SUBMISSIONS

In various parts of the Community (e.g., forums, blog posts, ideation, etc.) you are permitted to create content, provide information, feedback, share data, software and software code, messages, or other materials (any content submitted by a Member, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission once you have submitted it to the Community.

By submitting any User Submission, you are promising us that:

  • You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to ScienceLogic an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
  • Use (and permit others to use) your User Submission in any manner and for any purpose, including, without limitation, commercial purposes. We may also without limitation, incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service;
  • Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Community through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Community and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party without any obligation of confidentiality. We are not responsible for any User Submissions and do not guarantee the accuracy, quality, integrity, completeness, or timeliness of any User Submissions. Any actions you take based on a User Submission is at your own risk.

PROHIBITED ACTIVITIES

We authorize your use of the Community only for Permitted Purposes. Any other use of the Community beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Community. For a general list of guidelines to follow when using the community, see our Community Guidelines.

Unauthorized use of the Community may result in violation of various United States and international copyright laws. You are not authorized to use the Community in any of the following ways, unless we tell you otherwise in a separate, signed writing. These are examples only and the list below is not a complete list of everything that you are not permitted to do.

Do not access or use the Community:

  • For any public or commercial purpose which includes use of the Community on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Community;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt the Community or servers or networks connected to the Community;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Community; or
  • Attempt to gain unauthorized access to any portion of the Community or any other accounts, computer systems, or networks connected to the Community, whether through hacking, password mining, or any other means.

You agree to indemnify, and at our option, defend, us if you violate these Terms and that violation results in any claim or action against ScienceLogic, its affiliates, officers, directors, employees, or agents (or those of our affiliates). You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS

"ScienceLogic", “SL1”, “RestorePoint”, “Zebrium” are trademarks that belongs to us, along with all other trademarks that we may obtain from time to time. Other trademarks, names and logos on the Community are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials on the Community are our sole property, Copyright © 2024. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

INTELLECTUAL PROPERTY INFRINGEMENT.

We respect the intellectual property rights of others and encourage you to do the same. ScienceLogic removes User Submissions that violate intellectual property rights of others, suspends access to the Community (or any portion thereof) to any user who uses the Community in violation of someone’s intellectual property rights, and may terminate the account of any user who uses the Community in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Community, please provide written notice to us at copyright@sciencelogic.com.

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, we will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide us with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Community who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMER OF WARRANTIES

THE COMMUNITY IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COMMUNITY AND ALL MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE COMMUNITY.

SCIENCELOGIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS COMMUNITY, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, NON-INTERFERENCE, DATA ACCURACY, OR SYSTEM INTEGRATION.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE COMMUNITY WILL BE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Community will meet your requirements or that the Community will be uninterrupted, timely, secure, or error free or that defects in the Community will be corrected. We make no warranty as to the results that may be obtained from the use of the Community or as to the accuracy or reliability of any information obtained through the Community. No advice or information, whether oral or written, obtained by you through the Community, whether from us, our affiliates, or another user shall create any warranty.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY MONETARY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING OF ANY MATERIALS TO OR FROM THIS COMMUNITY OR YOUR USE OF OR ACCESS TO THE COMMUNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. EXCEPT AS OTHERWISE STATED IN THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE COMMUNITY OR THE MATERIALS OR SERVICES PROVIDED THROUGH THE COMMUNITY SHALL BE TO STOP ACCESSING AND USING THE COMMUNITY.

LOCAL LAWS; EXPORT CONTROL

We control and operate the Community from our headquarters in the United States of America and the entirety of the Community may not be appropriate or available for use in other locations. If you use the Community outside the United States of America, you are solely responsible for following applicable local laws.

FEEDBACK

Any content you share with ScienceLogic through the Community (e.g., comments, questions, suggestions, materials) (collectively, “Feedback”) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

GENERAL

We will notify you if you are not in compliance with these terms. Generally, we will give you a reasonable amount of time after the date of such notice (which we will specify in the notice) to bring your actions into compliance. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the Community without prior notice to you. The laws of the Commonwealth of Virginia and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or the Community will be heard in the state courts of the Commonwealth of Virginia or the Federal District Court for the Eastern District of Virginia. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and ScienceLogic and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and ScienceLogic about the Community. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

We may alter the Materials and Services we offer you and/or choose to modify, suspend, or discontinue the Community at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. We will inform you of any updates to these Terms by posting them on the Community at least 30 days before they go into effect.

If you do not agree with the updated Terms, your sole recourse shall be to stop accessing and using the Community. Continued use of the Community following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. These Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Community. These expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at community@sciencelogic.com.