Aerospike Academy Terms of Service

Thank you for using Aerospike Academy! These Terms of Service (the “Terms”) govern your access to and use of the Aerospike Academy (“we” or “our”) website and Aerospike Academy Services (the “Services”). Please read them carefully before using the Services.

By using the Services you are agreeing to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in accordance with these Terms. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may delete any content or data from the Services to meet our regulatory obligations or protect the Services.

Your Data

In order to use our Services you must link your third-party email account to your Aerospike Academy account. This must be your personal or corporate email address. Email aliases for groups are prohibited from use. Nothing in this Agreement will restrict Aerospike Academy from collecting, using and analyzing general information and data from its customers (including you) in an aggregated manner for purposes of improving and enhancing the quality and nature of Services, or publish general information and statistics, provided that Aerospike Academy does not specifically identify you or disclose publicly any personally identifiable information in the course of collecting, using, analyzing, marketing or publishing that information or data.

Your Responsibilities

Information and content accessible through Aerospike Academy may be protected by intellectual property rights of others. You are prohibited from copying or sharing any information or content unless you have the right to do so. You, not Aerospike Academy, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Aerospike Academy.

You acknowledge that, as between you and Aerospike Academy, Aerospike Academy owns and retains all right, title and interest in the Intellectual Property Rights in the Services and Software. You own and retain all right, title, and interest in the Intellectual Property Rights in Your Data. “Intellectual Property Rights” means: (i) copyrights and other rights associated with works of authorship; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models, and other industrial property rights, and all improvements thereto; and (v) all registrations, applications, renewals, extensions, continuations, divisions, or reissues now or in the future.

If any information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, you are representing to us that you are over 18.

Account Security

You are responsible for keeping the password that you use to access the Services secure and you agree not to provide your password to any third party. You are responsible for all activity using your account, whether or not authorized by you. Accordingly, you should notify Aerospike Academy immediately of any unauthorized use of your account. You acknowledge that if you wish to protect Your Data when you are transmitting it to Aerospike Academy, it is your responsibility to use a secure encrypted connection to do so.

Feedback

While we appreciate it when users send us feedback, please be aware that we (or others we authorize) may use in any manner any feedback, comments, or suggestions you post in our forums or otherwise provide without any obligation to you.

Acceptable Use Policy

You will not, and will not attempt to, use the Services to violate any laws or any rights of Aerospike Academy or any other person or otherwise misuse or inappropriately use the Services, and will use the Services only in a manner consistent with this agreement as it may change from time to time at our discretion.

Copyright Policy

Aerospike Academy respects intellectual property rights of others and asks that you do as well. We will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us.

Other Content

The Services may contain links to websites or resources of others. We do not endorse and are not responsible or liable for their accuracy, availability, content, products, services or anything else. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that conflict with these Terms, in which case the open source provisions will apply with respect to the code to which those provisions apply.

Warranties

Aerospike Academy warrants that: (i) it will perform the Services in accordance the Support and Service Level Agreement; (ii) it will provide the Services in a professional manner, consistent with recognized industry security standards and good commercial practices; (iii) it will comply with all applicable law, and be duly licensed and otherwise authorized to provide the Services; and (iv) it has the authority and right to enter into this Agreement and to observe and perform its respective obligations contained in this Agreement.

Customer warrants that it has the authority and right to enter into this Agreement and to observe and perform its respective obligations contained in this Agreement.

WITH THE EXCEPTION OF THOSE EXPRESS WARRANTIES MADE IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTREACH DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY.

Indemnification

Your indemnity to us: You will defend and hold us and our affiliates, employees, officers, directors, agents, successors and assigns, harmless at your own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) Your Data; (ii) your violation of any third party rights (including third party intellectual property rights or privacy rights); and (iii) your use of the Services in any way contrary to the Terms.

Our indemnity to you: We will defend and hold you and your employees, officers, directors, agents, successors and assigns, harmless at our own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with any third party claims that the Services infringe or misappropriate the intellectual property rights of a third party.

The party seeking indemnification under these Terms will: (i) give the indemnifying party prompt written notice of the claim, (ii) tender to the indemnifying party control of the defense and settlement of the claim, and (iii) cooperate with the indemnifying party in defending or settling the claim. The indemnified party will have the right to participate at its own expense in any indemnification action or related settlement negotiations using counsel of its own choice. Neither party may consent to the entry of any judgment or enter into any settlement that adversely affects the rights or interests of the other party without that party’s prior written consent, which may not be unreasonably withheld.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AEROSPIKE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OUTREACH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF OUTREACH TO YOU, ANY AFFILIATE OR ANY THIRD PARTY FOR ALL CLAIMS RELATING TO THE SERVICES OR CONNECTED WITH THIS AGREEMENT, REGARDLESS OF THE DAMAGES THEORY, WILL NOT EXCEED THE FEES PAID OR OWING TO AEROSPIKE UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE. THE LIMITATION OF LIABILITY PROVIDED IN THIS PARAGRAPH WILL APPLY IN THE AGGREGATE TO YOU AND YOUR AFFILIATES AND SHALL NOT BE CUMULATIVE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PURPOSE OF THIS PARAGRAPH IS TO PROVIDE FOR THE ALLOCATION OF RISK AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES PAID, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY THAN PROVIDED FOR HEREIN.

Some states do not allow the types of limitations in this paragraph, so they may not apply to you. IN THOSE JURISDICTIONS, AEROSPIKE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

In addition, Aerospike Academy and its authorized personnel may require access to Your Data or account for the purposes of assisting you with any step of your account setup or any other troubleshooting. Neither Aerospike Academy nor any of its employees will be liable in cases where this access exposes us to your private data. By using Aerospike Academy, you agree to permit Aerospike Academy representatives these permissions only when circumstances necessitate it. We reserve the right to assist in these ways when needed and will keep information confidential.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on Aerospike Academy. We will notify you of any change (for example via email to the email address associated with your account or by a notification when you sign in or by some other method). By continuing to access or use the Services after revisions become effective, you are agreeing to be bound by the revised Terms.

Miscellaneous Legal Terms

These terms and the use of the services and software will be governed by Washington law except for its conflicts of laws principles. all claims arising out of or relating to these terms or the services or software must be litigated exclusively in the federal or state courts of Washington, and both parties consent to venue and personal jurisdiction there.

These Terms constitute the entire and exclusive agreement between you and Aerospike Academy with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Aerospike Academy’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted to reflect our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Aerospike Academy may assign its rights and obligations to any of its affiliates or subsidiaries, or to any successor in interest of any business or assets associated with the Services.