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Please read this Agreement carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. Use of Our Website The Website provides a place for you to learn information about Confluent and its products. Confluent’s products and services are governed by separate commercial terms. Your participation in the Community is governed by the Confluent Code of Conduct for Community. The Confluent Hub (“Confluent Hub”) is an online listing of connectors, technical templates and more (“Components”). If you download any Components from the Confluent Hub, those Components are subject to the separate license terms made available with such Components. If you would like to purchase any products or services from Confluent, please contact us via email at email@example.com
A. Eligibility This is a contract between you and Confluent. You must read and agree to these terms before using the Website. If you do not agree, you may not use the Website and must leave the Confluent Hub. You may use the Website only if you can form a binding contract with Confluent, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Website by anyone under 13 is strictly prohibited and in violation of this Agreement. The Website is not available to any Users previously removed from the Website by Confluent.
B. Website Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website for your personal, noncommercial use only and as permitted by the features of the Website. Confluent reserves all rights not expressly granted herein in the Website and the Confluent Content (as defined below). Confluent may terminate this license at any time for any reason or no reason.
C. Website Rules You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to Confluent servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Confluent grants the operators of public search engines revocable permission to use spiders to copy publiclyvailable materials from / for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information from the Website; (viii) using the Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
Accessing any audiovisual content that may be available on the Website for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Website. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Website; stop providing the Website or features of the Website, to you or to Users generally; or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Website Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Confluent shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Your use of a Component will be governed by the terms and conditions of a license agreement between you and the provider ("Provider") of the Component (a "License"), as specified in the Component download process and/or package. Unless otherwise expressly stated in the Provider License, Provider or its licensors own all title, copyright and other intellectual property rights in the Component, and the Component is licensed to you directly by the Provider, not sold. Confluent is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data by or through third-party Components or their Providers.
Account Registration and Security. You may need to register for an account to use some features of Confluent Hub. You must provide accurate registration information when you register for an account, using a valid name and valid contact information. You may not use some else’s account without their permission. You are responsible for the security of your passwords and for any use of your account.
Reviews. The Confluent Hub allows you to review Components you have used. You may post only one review per Component, unless the later review reflects a good-faith rating change based on further evaluation. If you post a review of your own Component or the Component of a competitor, you must disclose your affiliation.
Content. The Confluent Hub may enable you to post, upload, or submit text, information, data or other content, including reviews as described above (collectively, “Content”). You are solely responsible for any Content that you post, upload, or submit to Confluent Hub.
You shall not:
If you post, upload or submit Content, you represent that you either own all such Content, or you have the right to provide such Content.
You are required to refrain from posting any illegal, abusive or other inappropriate Content.
Confluent may, but shall not be required to, monitor Content. We reserve the right, in our sole discretion and for any reason at any time, to remove any Content. You hereby grant to Confluent a nonexclusive, worldwide, irrevocable, perpetual, transferable, fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display Content that you provide and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
Component Contributions. The Confluent Hub may enable you to submit components for inclusion as Components in the Confluent Hub. You will ensure that all such components and any associated Content comply with this Agreement, including the guidelines and policies setting forth requirements for including your components in the Confluent Hub, which Confluent makes available at /hub/, and which are hereby incorporated into this Agreement.
You shall not:
For any submitted components, you hereby grant Confluent the nonexclusive, royalty‐free, worldwide right and license (i) to distribute or make available for download the components through the Confluent Hub to end users; (ii) to use, reproduce, distribute, reformat and publicly display any related Content that you provide regarding the components; and (iii) to use the components internally for testing and evaluation purposes. You acknowledge that Confluent has no obligation to distribute or list any component, or to continue to do so. You, not Confluent, license your components to end users, and you must provide or specify the applicable License. Your License must comply with the terms and conditions of this Agreement. You agree that Confluent does not and will not have any responsibility or liability related to compliance or non‐compliance by you or any end user under a License
2. Our Proprietary Rights The Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Confluent Content”), and all intellectual property rights related thereto, are the exclusive property of Confluent and its licensors.
Confluent and other marks or logos of Confluent or third parties used on the Confluent Hub are trademarks or service marks of Confluent or such third parties and may not be used in any manner without the express prior written consent of the respective owner. Confluent’s use of any third-party marks or logos does not indicate any affiliation or other relationship with such third parties.
You shall not:
Violations. We may, ourselves or through our agents, investigate any violation of this Agreement and take appropriate remedial action.
Disclaimer. Confluent is not responsible for any third-party content or Components, whether or not we reviewed or moderated such content or Components. You agree that you bear all risks associated with using or relying on any content or component on the Confluent Hub. We do not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of the content or Components on the Confluent Hub. We hereby disclaim all warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, relating to such content or Components. We shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any Content or Components on the Confluent Hub. Confluent does not provide support services of any kind for Components downloaded from the Confluent Hub, except and solely to the extent that Confluent is providing support services for such Components to you as part of a separate, purchased subscription.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Confluent Content. Use of the Confluent Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Apache Kafka, and the Apache Kafka logo are either registered trademarks or trademarks of the Apache Software Foundation in the United States and/or other countries.
You may choose to or we may invite you to submit comments or ideas, whether about the Website or anything else (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Confluent under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance or other receipt of your submission, Confluent does not waive any rights to use similar or related ideas previously known to Confluent, or developed by its employees, or obtained from sources other than you.
3. No Professional Advice If the Website provides professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained on the Website. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
4. Privacy We care about the privacy of our Users. You understand that by using the Websites and the community you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Statement, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
5. Security Confluent cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Third-Party Links and Information The Website may contain links to third-party materials that are not owned or controlled by Confluent. Confluent does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Website, you do so at your own risk, and you understand that this Agreement and Confluent’s Privacy Statement do not apply to your use of such sites. You expressly relieve Confluent from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Confluent shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
7. Indemnity You agree to defend, indemnify and hold harmless Confluent and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted by you or someone on your behalf, including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code; or (vii) arising out of Content you submit or publish on the Confluent Hub, any materials you provide to be distributed as Components, your use of the Confluent Hub.
8. No Warranty The Website is provided on an “as is” and “as available” basis. Use of the Website is at your own risk. To the maximum extent permitted by applicable law, the Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Confluent or through the Website will create any warranty not expressly stated herein. Without limiting the foregoing, Confluent, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website.
Confluent does not warrant, endorse, guarantee, or assume responsibility for any product or Website advertised or offered by a third party through the Website or any hyperlinked Website or Website, and Confluent will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
9. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Confluent, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Website. Under no circumstances will Confluent be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Website or the information contained therein.
To the maximum extent permitted by applicable law, Confluent assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Confluent, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Confluent hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Confluent has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
The Website is controlled and operated from facilities in the United States. Confluent makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in the United States.
10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
A. Governing Law. You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Confluent. For any dispute with Confluent, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Confluent has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at https://www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Confluent agree otherwise. If you are using the Website for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Confluent from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
C. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Website for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this Agreement, you and Confluent are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Confluent without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
C. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Confluent in connection with the Website, shall constitute the entire agreement between you and Confluent concerning the Website. There are no third-party beneficiaries to this Agreement. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. This Agreement will be binding upon and inure to the benefit of the parties hereto, their successors, and permitted assigns. Except set forth in the section above entitled “Changes to Agreement”, all amendment to this Agreement must be made in writing signed by both parties.
D. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Confluent’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Contact. Please contact us at email@example.com with any questions regarding this Agreement.
F. California Residents. The provider of services is: Confluent, Inc., 899 W Evelyn Avenue, Mountain View, CA 94041, phone +1 800 439 3207. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
This Agreement was last modified on 7 September 2020.