These Usage Policy and Terms of Service ("Agreement") describes the terms and conditions under which VoltDB, Inc. ("VoltDB") provides this VoltDB University website for the sole purpose of educating, evaluating and certifying VoltDB's partners, customers, and others interested parties, as part of the VoltDB University certification process (collectively, the "Service" or the "Services") to you, the users of the Service ("you" or "User"). You should read this Agreement carefully, because by indicating acceptance of this Agreement or by otherwise using the Services or this Website, you are entering into a legally binding agreement with VoltDB. If you do not agree to these terms and conditions, you must not use the Website.
In order to participate in many of the features available on the Service, you must create an account and register with us. If you register as a User or otherwise use the Services, you represent and warrant to VoltDB that: (i) you are of legal age to form a binding contract; (ii) you will provide VoltDB with accurate, current and complete registration information; and (iii) your registration and your use of the Services is not prohibited by law. You are responsible for your own registration and all use of the Services under it. Sharing passwords with any other person is not permitted.
The information and services available through the Services are intended solely as a general educational aid. The information and services are provided with the understanding that neither VoltDB nor its suppliers or Users are engaged in rendering, counseling or other professional services or advice. VoltDB and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site.
The Services and the VoltDB website and online application are the property of VoltDB. Without limitation of the foregoing, all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website (collectively, the "Site Content"), and all software embodied in the VoltDB University website ("Software") is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content (collectively, the "VoltDB Property") is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The marks VoltDB and VoltDB University are registered or unregistered trademarks of VoltDB, and they may not be used in connection with any service or products other than those provided by VoltDB, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits VoltDB. The Services may also feature the trademarks, service marks, and logos of VoltDB or third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
VoltDB authorizes you to access, view and use the Services and VoltDB Property to the extent necessary for your use of the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the VoltDB Property. Changing, copying, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the VoltDB Property, or any portion of the VoltDB Property, is strictly prohibited without the prior written permission of VoltDB, unless this Agreement otherwise expressly allows you to do so.
You warrant and agree that your use of the Services will be consistent with this Agreement and will not infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. You will comply with all applicable laws, regulations and ordinances relating to the Services, the VoltDB Property or your use of them, and in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Services.
In connection with using the Services, you may upload, post, or submit to VoltDB, or distribute using VoltDB, a variety of materials and information (collectively, "User Content"). The User Content remains your property, and VoltDB does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:
VoltDB is under no obligation to edit or control User Content that you and other users post or distribute, and will not be in any way responsible or liable for User Content. VoltDB does not vet or control the Users or other individuals that use the Services. You access and use User Content at your own risk, and VoltDB will not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content.
You agree and represents that you will not:
You will not submit, post, upload to, distribute through or otherwise use in connection with the Services any User Content that:
VoltDB reserves the right (but is not obligated) to do any or all of the following:
VoltDB has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
The VoltDB website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by VoltDB. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
VoltDB is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions for the Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of VoltDB. None of the Services Comments will be subject to any obligation of confidence on the part of VoltDB, and VoltDB will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, VoltDB will be entitled to unrestricted use of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
VoltDB may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Services. VOLTDB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES AND VOLTDB PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AND (iii) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE COPMANY PROPERTY. No advice or information, whether oral or written, obtained by you from VoltDB or through the Services will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM VOLTDB AND ITS AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR THE VOLTDB PROPERTY, EVEN IF VOLTDB HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
VOLTDB'S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE SERVICES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE AMOUNT OF $10, WHETHER THE CLAIM AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
User shall defend, indemnify and hold harmless VoltDB against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with User's use of the Services or User's breach of any provision of this Agreement. VoltDB reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with VoltDB with respect to such defense and settlement.
Without limitation of any other rights or remedies of VoltDB under this Agreement, if you breach this Agreement by conducting any marketing on the Services, including without limitation by including endorsements or advertising in any User Content, VoltDB reserves the right to collect from you, as liquidated damages and not as a penalty, a "Prohibited Advertising Charge" of $5,000 for each violation. You acknowledge that the Prohibited Advertising Charge is a reasonable pre-estimate of VoltDB's losses that has been fixed in advance due to the difficulty of calculating the actual losses to VoltDB and damage to its reputation in the event of prohibited marketing in User Content. You will pay any Prohibited Advertising Charges promptly after the receipt of an invoice from VoltDB.
VoltDB is concerned about user privacy and operates the Services under the PRIVACY STATEMENT published at http://www.VoltDB.com/privacy.php. We urge you to read this policy now and, because the privacy statement is updated from time to time, later at your convenience.
VoltDB complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services you may contact our Designated Agent at the following address:
209 Burlington Road, Suite 203
Bedford, MA 01730
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
You and VoltDB agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of The Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you gain access to the Services from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
VoltDB reserves the right to suspend your password and/or access to the Services at any time if it believes you are in breach of this Agreement. VoltDB reserves the right to terminate or modify this Agreement, terminate the Services or modify any features or aspects of the Services, or modify its policies at any time, with or without notice to you. If you use the Services, you shall be bound by the version of the Agreement in effect at the time of your use. You are under an obligation to review the current version of this Agreement and other published VoltDB policies before using the Services. Sections 2, 3, 5, 6, 10, 11-19, any accrued rights and remedies, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
In no event shall VoltDB be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside VoltDB's reasonable control.
The provisions of Sections 2, 3, 5, 6, 9 through 11 and this Section 17, of this Agreement are entered into for the benefit of VoltDB, its third party licensors, and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.
No delay or omission by VoltDB in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by VoltDB of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" and the term "partner" is used solely to denote another entity with which VoltDB has a sponsorship or similar contractual arrangement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and VoltDB regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. Your registration, this Agreement and your rights and obligations hereunder are not assignable or transferable by you to any third party without the prior written consent of VoltDB. We may assign this Agreement to any purchaser of the VoltDB business. This Agreement may be executed electronically, and your electronic assent or use of the Services shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
Effective Date: September 6, 2013.