Thank you for visiting the NetQoS website. This Privacy Policy and Terms of Use is a legal agreement between you and NetQoS, Inc. You agree to abide by all of the provisions in this Privacy Policy and Terms of Use in order to be an authorized user of the website and your use of the website constitutes your agreement to abide by those provisions. NetQoS may change, in its sole discretion, this Privacy Policy and Terms of Use at any time without notice to you. Your continued use of the website indicates your consent to the Privacy Policy and the Terms of Use and any amended versions of the Privacy Policy and Terms of Use.
Your Responsibility for Use
You are solely responsible for your use of the website and for ensuring that your use complies fully with the provisions of this agreement.
Privacy Policy of NetQoS
When you visit the NetQoS website NetQoS collects personal information about you with your specific knowledge and consent. NetQoS respects your right to the privacy of the personal information you provide us on our website. The following policy is intended to explain how your personal information will be treated as you make use of the NetQoS website and its features including any social networking features NetQoS may make available from time to time. Personal information includes your name, company name, title and e-mail addresses, click-through activity and any other personal information you may provide here. For example, when you request a white paper, product demonstration, product evaluation, webinar, enter a NetQoS-sponsored contest or use the social networking features NetQoS may from time to make available to you, you will be asked to provide personal information so that NetQoS can provide you with the activity, information or service you requested. If you subscribe to our newsletters, for example, we would use the personal information you provided to send you that newsletter. If you entered a NetQoS-sponsored contest, we would use the personal information you provided to notify you if you won. NetQoS may also use the personal information you provided to NetQoS to send out emails announcing new information, new product offerings, new contests or services. In some instances, NetQoS or NetQoS' partners, distributors and/or resellers will use your information to contact you via email or regular mail to deliver promotional or informational materials. NetQoS will not otherwise use or disclose your personal information without your consent except (i) as described in this privacy policy, or (ii) as required by law, court order or as requested by other government or law enforcement authority or to enable NetQoS to comply with any other legal or regulatory process.
Non-U.S. Use
If you reside or are located outside of the United States of America, be aware that any personal information you provide to NetQoS will be transferred to the United States. When you use this website or provide any personal information to NetQoS, you consent to the transfer of such information to the United States and agree that any disputes arising out of or in connection with the NetQoS website shall be adjudicated in the federal or state courts of Texas and governed by the laws of the state of Texas and United States.
Cookies
NetQoS may use “cookies” or similar technologies to collect certain information about you such as IP addresses and domain names to enable us to know when you have visited our site, recognize you when you do visit our site, and recall certain information about you when you visit our site. We do this to enhance your use of the NetQoS site and the performance of the NetQoS site. If you do not want to enable the use of cookies, most web browsers have an option that allows you to reject or refuse cookies. If you elect to refuse cookies, it may affect or limit your use of the NetQoS site.
Data Capture and Aggregation by NetQoS
Each time you visit the NetQoS website, our server gathers basic technical information such as your domain name, and browser and platform type. NetQoS counts, tracks and aggregates visitor activity to analyze traffic flows at our website about where traffic comes from and how it moves within the NetQoS website. NetQoS may merge information about visitors and visits into group data but we will not disclose your individual identity or personally identifiable data without your permission. When we do present aggregated information to outside companies we do so only in the format of anonymous statistics, meaning that no one will ever be able to identify you or contact you.
NetQoS Email or NetQoS Email Newsletter; OPT OUT
After subscribing to receive access to certain content, you will receive emails from NetQoS containing product related information. NetQoS collects subscribers' e-mail addresses in order to distribute product newsletters and announcements and does not share subscriber's addresses with any other companies who are not NetQoS partners, distributors or resellers. You can choose to unsubscribe from NetQoS newsletters you have subscribed to at any time by following the unsubscribe instructions found in each e-mail or clicking on this link http://go.netqos.com/forms/preference and selecting the OPT OUT choice.
Content and Information Provided by NetQoS
The views and opinions on the website are not necessarily those of NetQoS, Inc. or its staff. NetQoS does not make any warranties or representations, express or implied, as to the materials which appear on the website. The NetQoS website is not intended for use by children under 18 years of age. If you use this website or provide personal information to NetQoS, you warrant and represent that you are 18 years age or older. The materials and content published are for informational purposes only and are subject to change without notice. NetQoS assumes no liability for technical, factual or editorial omissions or inaccuracies contained herein. NetQoS may compile and aggregate information submitted by visitors to share with the press, analysts and other third parties, but no personal or identifying details will be provided about specific individuals. The NetQoS website includes a combination of content that is created by NetQoS, our partners, 3rd parties and our users. All materials published on the NetQoS website are protected by our copyrights, service marks, or trademarks. Certain material published on the NetQoS website may be licensed from third parties, and the copyright, service marks and/or trademarks for such materials belong to the respective third parties. Except for limited personal use, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part.
Blogs/Forums/Social Networking
If you choose to contribute or post any material to our blogs, forums or other social networking offerings that we may offer from time to time, you will be solely responsible for all content, messages, text, information, or any other materials (collectively, “Materials”) you provide to NetQoS. You warrant and represent that all Materials you contribute or post are true, accurate, do not defame or invade the privacy of any person, and do not infringe on the proprietary rights of any person or entity. If you contribute or post Materials on the NetQoS website, you give NetQoS the right to use the Materials in any manner and in any media. NetQoS does not and cannot monitor all of the Material contributed or posted to the website and NetQoS will not be responsible for the content of any Material. NetQoS does, however, reserve the right to delete or remove any Material that NetQoS deems to be obscene, libelous, defamatory, unlawful, inaccurate or otherwise objectionable to NetQoS.
User Names/Passwords
Some areas of the NetQoS website may require you to choose a user name and password to use the service or content. You are solely responsible for maintaining the confidentiality of your user name and password. NetQoS shall not be responsible or liable for any misuse of your user name or password by any third party whether such third party was authorized by you to use the user name or password.
Links to Third Party Sites
NetQoS contains links to other internet websites. NetQoS has no control over the content or privacy policies of third party websites and NetQoS disclaims all responsibility or liability for such content or privacy practices.
Disputes
Any disputes arising out of or in connection with the NetQoS website shall be adjudicated in the federal or state courts of Texas and governed by the laws of the state of Texas and United States.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE NETQOS WEBSITE IS AT YOUR SOLE RISK. NEITHER NETQOS, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERUPTED OR ERROR FREE. NETQOS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE WEBSITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE WEBSITE, OR ANY LINKS TO OTHER WEBSITES MADE AVAILABLE ON THE NETQOS WEBSITE.
THE WEBSITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS FOUND ON THE NETQOS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NETQOS (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE WEBSITE OR THE WEBSITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NETQOS (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
Indemnity
You agree to indemnify, defend, and hold harmless NetQoS, its officers, directors, employees, agents, licensors, and any third-party information providers for the website, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of this Privacy Policy and Terms of Use.
NetQoS Trademarks
© 2001-2010 NetQoS, Inc. All rights reserved.
CA NetQoS, the CA NetQoS Logo, SuperAgent, ReporterAnalyzer, NetVoyant, and Allocate are trademarks or registered trademarks of CA NetQoS, Inc. Other product and company names mentioned herein may be the trademarks or registered trademarks of their respective organizations.
Other NetQoS Service Marks
Questions? Please send your questions, to information@netqos.com.
CA | NetQoS - Network Performance Management products and services for the world's largest networks. © 2001-2010 CA | NetQoS, Inc. All rights reserved.
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