Drobo, Inc. Website Terms of Use

1. ACCEPTANCE OF TERMS

   The following agreement outlines your obligations when using the our websites and domains, including www.drobo.com and any other sites on the World Wide Web owned or operated by Drobo, Inc. (collectively, the “Site”). The Site is owned and operated by Drobo, Inc. (“Drobo”), and is accessed by you under the terms of use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE YOU ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE SITE. DROBO’S ACCEPTANCE OF ANY ORDER MADE BY YOU ON OR THROUGH THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY DROBO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

   Drobo reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. Such modification or change to the Terms of Use will be posted here. Additionally, if the alterations constitute a material change to the Terms of Use, Drobo will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at Drobo’s sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such modification, and as applicable, notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. SITE USAGE RIGHTS, CONTENT OWNERSHIP AND USAGE RIGHTS

   Drobo shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, the trademarks, the “look and feel” of the Site, their color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by Drobo, or a third party who licensed the right to use such content to Drobo. Unless otherwise expressly noted in these Terms of Use or on the Site, nothing that you read or see on the Site or other site content, or any of the source code or HTML code that Drobo uses to generate the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Drobo. Unless otherwise set forth in a written agreement between you and Drobo, you may use the Site and the content and services on the Site only for your personal, non-commercial use. Use of the Drobo Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. To the extent copies are permitted, you must retain on any such copies all copyright and other proprietary notices contained in the original content. The Site is protected under United States and international copyright laws. Any unauthorized use of the Site may violate copyright, trademark, and other laws. You will not use the Site, including, without limitation, any content or services therein: (i) in a way that would violate any local, state, national, or international law, regulation, statute, treaty; (ii) to stalk or harass a person; (iii) to impersonate a person or entity, or otherwise misrepresent yourself or your affiliation with an entity; or (iv) to interfere or interrupt the operation of the Site, or the business of Drobo. You will not attempt to, through any method, gain unauthorized access to the Site or the servers that support the Site, or to the content or services therein. Drobo may terminate your right to use, or your registration to, the Site at any time without notice for any reason. Breach of any of these Terms of Use automatically terminates your right to use the Site and the content and services on this Site, and you must immediately destroy any copies of content from the Site.

4. PRIVACY POLICY

   Drobo’s current privacy policy is available at https://www.drobo.com/privacy-policy/ (the “Privacy Policy”), which is incorporated by this reference and made a part of these Terms of Use.

5. INDEMNITY

   You will indemnify and hold harmless Drobo, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the content or services available on the Site, violation of the Terms of Use by you, provision of User Information, or the infringement by you of any intellectual property or other right of any person or entity.

6. WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

   Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, Drobo makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. YOU ACCESS THIS SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER DROBO NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION BY DROBO, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. DROBO IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL DROBO OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL DROBO OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE. Drobo is not responsible for any inaccuracies, typographical errors or any other mistakes on the Site or in any content you may obtain from the Site, and reserves the right to make corrections.

7. PRICE AND AVAILABILITY

   Some of the products and services featured on the Site are displayed for promotional purposes only and may not be available for purchase through this Site. All products and services offered for purchase on this Site are subject to availability. The prices stated for such products and services are subject to change without notice. Drobo reserves the right to change prices for products displayed on the Site at any time and particularly to correct pricing errors that appear on the Site.

8. ORDER ACCEPTANCE

   We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order. For your convenience, your credit card will not be charged until your order is shipped

9. RESALE

   Purchases made on the Site are intended for end users only. Products sold through this site are not authorized for resale. Your submission of your order shall constitute your full acceptance of these restrictions on resale and these Terms of Use.

10. RISK OF LOSS

    Title and risk of loss to all products purchased from the Site will pass to you upon delivery of the products by Drobo to the carrier.

11. LINKING AND FRAMING

    Drobo does not object to links on third-party sites to the homepage of the Site in a context that is appropriate and does not have the potential to adversely affect or disparage Drobo or its offerings. However, “framing” or “mirroring” the Site or any of their content is prohibited without the prior written consent of Drobo. The Site may provide links to other sites or resources available on the Internet. Because Drobo has no control over such sites and resources, you acknowledge and agree that Drobo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Drobo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. USER SUBMISSIONS

    Some areas of the Site may permit you to submit opinions, information or feedback (“User Information”). By submitting the User Information, you represent that: (i) you are thirteen or older, (ii) you own, and have full rights to submit the User Information, (iii) the User Information is not confidential. You grant Drobo a perpetual, world-wide, transferable non-exclusive paid-up right to modify, adapt, publish, translate, sublicense through multiple tiers and otherwise use, the User Information for any purpose as determined by Drobo in its sole discretion, including commercial purposes. You are solely responsible for the User Information, and agree that Drobo is not obligated to post, acknowledge, or otherwise use the User Information.

13. TRADEMARKS AND TRADE NAMES

    Drobo, DroboElite, DroboPro, DroboShare, BeyondRAID, Smart Volumes, , Trusted Data, and Data Robotics, Drobo’s graphics, logos, designs, page headers, button icons, scripts, and other service names are the trademarks and trade names of Drobo. Except as otherwise expressly permitted on the Site, Drobo’s trademarks and trade names may not be used, copied, or imitated, in whole or in part, without the prior written permission of Drobo or the applicable trademark holder.

14. ELECTRONIC COMMUNICATIONS

    We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.

15. SECURITY

    Users of the Site are prohibited from violating or attempting to violate the security of the Site. Drobo will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

16. MISCELLANEOUS

    The Terms of Use constitutes the entire agreement between users of the Site and Drobo, and regarding the subject matter hereof. If you breach any term of the Terms of Use, Drobo may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Drobo’s remedies are cumulative and not exclusive. Failure of Drobo, to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Drobo is a United States based company, and the Site may not be appropriate for use outside of the United States. Users of this Site are responsible for compliance with all applicable regulations and laws. Any dispute arising out of the Terms of Use shall be governed by the laws of California, notwithstanding any conflicts of law principles. Any action relating to the Terms of Use must be filed and maintained in a court in the state of California, USA, and users consent to exclusive jurisdiction and venue in such courts for such purpose.