1. ACCEPTANCE OF TERMS & INCORPORATED TERMS OF USE
By accessing, using or continuing to use the above-named Board(s) and Platform, you, the Platform user (“you” or “User(s)) agree to be bound by these Everpure User Community Group (“User Group(s)”) Terms of Service (“Terms”), provided by Everpure. You additionally agree to the Everpure, Inc. Privacy Notice (purestorage.com/privacy), End User Agreement (purestorage.com/legal/pure-end-user-agreement.html), and Everpure Code of Conduct (annually revised), which are incorporated by reference.
Everpure reserves the right to revise and update these Terms periodically, and you understand and acknowledge it is your responsibility to review them regularly. Continued use of the platform after any changes constitutes your acceptance of the new Terms.
2. USER-GENERATED CONTENT
Content which you contribute to the platform, including posts, feedback, comments, reviews, submissions and attachment uploads, constitute user-generated content (“UGC”). Users retain ownership of their UGC but grant to Everpure a perpetual, irrevocable, worldwide, sublicensable, and royalty-free right to use, modify, and display the UGC. Users represent and warrant that they have all necessary rights to grant this license.
3. CONTENT GUIDELINES AND USER CONDUCT
Everpure prohibits illegal, harmful, or offensive content on the Platform(s). Everpure reserves the right to remove any content that violates these Terms and their guidelines. Prohibited content includes, but is not limited to, content that is defamatory, obscene, infringing, or otherwise objectionable as determined solely by Everpure. Users agree not to use the Platform(s) for any unlawful purpose or in any way that violates these Terms, the Everpure End User Agreement, and the Everpure Code of Conduct.
Platform Users must only post and include content / information for which they have sufficient rights or license. Only post content for which you have sufficient access privileges. Users shall not provide links to unlawful, unlawfully obtained, or non-public content / information unless the User has relevant legal and / or contractual rights to do so.
Everpure Platform(s) - Platform Users who are also Everpure Partners must not use the Platform(s) for activities not in accordance with the mission of the User Group(s). While we encourage Partners to contribute and engage as full members of the User Group(s), these groups are not intended for Partner sales activities and use of the Platform for such activity is prohibited.
Partners additionally agree to function in the User Groups consistent with their existing Partner Agreements discussing conduct, where applicable.
Behavior and Housekeeping Guidelines – If your User Group Platform allows for the online posting of materials, the creation of threads, or the ability comment in a forum, please make every effort to post and create content in their right place.
- Do not start a topic in the wrong category.
- Do not cross-post the same information in multiple topics.
- Do not post no-content replies.
- Do not divert a topic by changing it midstream.
- Do not sign your posts, every post has your profile information attached to it.
- Do not engage in name-calling, ad hominem attacks; provide reasoned counterarguments that improve the conversation.
- Remember that User Groups are a civilized place for discussion; please treat these User Groups as a place to share skills, knowledge and, where appropriate, interests through ongoing conversation.
4. INTELLECTUAL PROPERTY
All intellectual property rights in the Platform and its content, excluding UGC as discussed herein, remain property of Everpure or its licensors, as appropriate. Users shall not use the Platform's content or intellectual property without prior written permission and a grant of rights by Everpure. Unauthorized use will result in termination from the Platform(s). Everpure reserves all rights to pursue legal action and damages resulting from violation of these Terms.
5. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
The Platform(s) are provided "as is" and "as available." Everpure and Platform providers disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Everpure and Platform providers are not liable for any indirect, incidental, special, consequential, or punitive damages arising from User engagement with the Platform(s).
Users agree to indemnify and hold Everpure and Platform providers harmless from any legal claims, damages, losses, liabilities, expenses and fees arising out of their use of the Platform or resulting from any violation of these Terms.
The Platform reserves the right to modify, suspend, or discontinue the Platform or any part thereof at any time with or without notice. Everpure and Platform providers shall not be liable to Users or any third party for any modification, suspension, or discontinuation of the Platform, which may occur at anytime without notice.
Third-Party Links and Services - The Platform(s) may contain links to third-party websites or services that are not owned or controlled by Everpure or Platform providers. Everpure and Platform providers are not responsible for the content, privacy policies, or practices of any third-party websites or services. Users access third-party websites or services at their own risk.
6. TERMINATION
Everpure may terminate or suspend a User’s access to the Platform(s) for violations of these Terms, as determined solely by Everpure. Where violations are determined, Everpure may provide a warning regarding the inappropriateness of the conduct, followed by suspension from the Platform(s). At Everpure’s sole and absolute discretion, Everpure may ban a User for conduct perceived as intentionally harmful, disruptive, wanton, or for behavior in violation of these Terms.
Upon termination, the User's right to use the Platform(s) will immediately cease, and the Platform(s) may delete all content associated with the User. Everpure will make reasonable efforts to notify a User of any warning, suspension, or ban using email communication or through Platform communication tools. Users are responsible for ensuring email and Platform communications are routinely received.
7. CONTACT INFORMATION
For any questions regarding these Terms or regarding the Platform(s), Users may contact:
User Group Community Support
Pure Customer Community; Briana McDougall (bmcdougall@purestorage.com)
Navigators; Monica Sanders (msanders@purestorage.com)
Partner Technical Community; Sam Marraccini (smarraccini@purestorage.com)
Executive Customer Advisory Board (ECAB); Kim Tapia (ktapia@purestorage.com)
Executive Partner Advisory Board (EPAB); Ronda Noto (rnoto@purestorage.com)
Platform Support
Email: questions@khoros.com
Telephone: +1 (800) 235-0187
8. NON-DISCLOSURE AGREEMENT (NDA)
(A) Everpure Partners Users & Executive Partner Advisory Board (EPAB) Users – Everpure Partners, including EPAB members, are obligated to conduct themselves in accordance with the Partner non-disclosure agreement, where applicable. Information obtained as a result of being a Everpure Partner, including information obtained through the User Group(s), are subject to the terms of the Partner non-disclosure agreement.
(B) Navigators User Group & Executive Customer Advisory Board (ECAB) Groups – Participants in the Navigators User Group (“Navigator(s)”) and Customer Advisory Board agree to the non-disclosure requirements presented here in Section 8(B) of these Terms.
1) Confidential Information – In this Section, “Confidential Information” or “CI” of Everpure will mean any and all technical and non-technical information a participant obtains through participation in the Navigators User Group or Executive Customer Advisory Board.
2) Confidential Obligations – Subject to the Section titled exclusions, participants agree that they will (i) hold in confidence and not disclose to any third party any CI of Everpure, except as approved in writing by Everpure; (ii) protect such CI with at least the same degree of care used to protect its own CI, but in no case, less than reasonable care; (iii) use the CI for no purpose other than contribute to the purpose of the Navigators User Group and Executive Customer Advisory Board for beneficially contributing to Everpure offerings ("permitted use"); (iv) limit access to the CI to its employees, affiliates, agents, or authorized representatives having a need to know and who are also bound by confidentiality obligations no less protective than those contained in this NDA Section; and (v) immediately notify Everpure of any loss or unauthorized disclosure of its CI.
3) Exclusions – A participant has obligations under this Section with respect to Everpure’s CI except where it can demonstrate that such CI (i) is now, or hereafter becomes, part of the public domain through no fault of participant; (ii) was in its possession free of any obligation of confidence prior to disclosure; (iii) was developed by its employees or agents independently of any CI of Everpure; or (iv) was communicated by Everpure to an unaffiliated third party free of any obligation of confidence. A participant may disclose Everpure’s CI, without violating this agreement, if required by a valid order of a court or governmental body having jurisdiction, provided that reasonable prior written notice is provided to Everpure and reasonable efforts are extended to obtain, or assist Everpure in obtaining, a protective order preventing or limiting disclosure and/or requiring that CI so disclosed be used only for purposes for which the law or regulation required, or for which the order was issued
4) License Granted – Everpure’s CI is and shall remain the sole property of Everpure. This agreement shall not be construed as granting any rights, by license or otherwise, to Everpure’s CI, or to any intellectual property right, based on such CI. Neither this Section nor the related disclosure of any CI shall result in any obligation on the part of company to enter into any further agreement with the Participant. Nothing in this Section creates or shall be deemed to create any employment, joint venture, or agency between Everpure and the Participant(s).
5) Restrictions – Participant shall not reproduce CI in any form except as required for the permitted use. Any copy of CI remains the property of the Everpure.
6) Ongoing Obligations – Participant’s obligations under this Section will survive termination and will continue in full force and effect with respect to CI of Everpure for five (5) years from the date of disclosure of such CI. All tangible materials containing CI shall remain the property of the company. Upon termination of these terms or a Participant’s participation in the Navigators User Group or Executive Customer Advisory Board, the Participant will cease any use of CI. Upon written request of Everpure, a Participant will promptly return (or at Everpure’s option, destroy) all documents, including tangible materials, containing any portion of, or summarizing, Everpure’s CI. At Everpure’s request, an officer of the Participant will provide a certificate attesting to compliance with this Section.
7) DISCLAIMER – CI IS PROVIDED ON AN “AS IS” BASIS FOR USE BY PARTICIPANTS AT THEIR OWN RISK AND IN FURTHERANCE OF THE STATED PURPOSE OF THE NAVIGATORS USER GROUP AND EXECUTIVE CUSTOMER ADVISORY BOARD, EVERPURE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.