Last Updated: May 29, 2019
Please read these NETGEAR Terms and Conditions ("Terms and Conditions") carefully. This agreement affects your rights.
IF YOU USE THE NETGEAR PRODUCT (AS DEFINED BELOW) YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE USE AND RETURN THE PRODUCT IN GOOD CONDITION WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF ORIGINAL PURCHASE FOR A REFUND. REFER TO SECTION 7 FOR SUBSCRIPTION CANCELLATIONS.
These Terms and Conditions are between you ("You" or "User") and NETGEAR, Inc. concerning Your use of (including any access to) devices or services (including software included in Your device at the time of purchase), and other information and materials provided on or in connection with such devices or services, including firmware, documentation, graphics, illustrations, pictures, photographs, audio, and videos (individually and collectively, the "Product" or "Products") provided by NETGEAR, Inc., its subsidiaries and affiliates (collectively, "NETGEAR" or "Company"). In some instances, both these Terms and Conditions and separate terms will apply to Your use of the Product ("Additional Terms"). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
ADDITIONAL TERMS FOR NETGEAR ARMOR.
ADDITIONAL TERMS FOR NETGEAR E-STORE.
Your consent to these Terms and Conditions is required in order to use Your NETGEAR Product. If You do not accept these Terms and Conditions, You must return the Product in good condition within thirty (30) calendar days from the date of original purchase for a refund. Refer to Section 7 for Subscription Cancellations.
YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 3, TO RESOLVE ANY DISPUTES WITH NETGEAR.
IF YOU SIGN UP FOR ANY NETGEAR SUBSCRIPTION SERVICES, YOU FURTHER AGREE, as described in Section 6.4, THAT YOUR SUBSCRIPTION may AUTOMATICALLY RENEW for the same applicable term and price, until you cancel.
(a) Your subscription period is stated in Your subscription plan, and Your subscription fee will cover the Services and content covered in Your subscription plan.
(b) Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
(c) As part of Your Subscription Services, NETGEAR may offer additional content for purchase ("Purchased Content"). Except as required by law, all transactions for Purchased Content are final, and NETGEAR does not accept returns. You may cancel an order for Purchased Content within 24 hours of purchase or rental (or, for customers in the European Union, within 14 days from the date of purchase), except You may not cancel an order for Purchased Content once You have downloaded it.
(a) You further acknowledge that the amount billed may vary due to promotional offers, subscription preferences that You select, changes in applicable taxes or other charges, and You authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
(b) YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING NETGEAR WITH A VALID CREDIT CARD OR OTHER PAYMENT PROCESSING ACCOUNT DETAILS FOR PAYMENT OF ALL FEES.
(a) You will receive an e-mail confirmation of Your auto-renewal once You complete the initial payment process.
(b) You agree that NETGEAR may automatically charge the subscription fee to the credit or charge card provided and associated with Your account at the beginning of each period at the frequency You have selected unless and until You cancel the subscription option.
(c) You must cancel prior to the subscription fee being charged to the credit or charge card. If You signed up at a promotional rate any renewals past the promotional period will be charged at the then effective subscription fee. Access to Your Services will not be established until NETGEAR or its agent has verified that the credit card information is valid, accurate and that Your credit card account is in good standing.
(d) You will receive an e-mail reminder of Your auto-renewal thirty (30) days prior to any applicable renewal. You will also receive a reminder email a day before Your date of renewal reminding You that Your subscription option will be renewed for an additional period.
(a) Cancellation Procedure. You may request termination of Your account and use of the Subscription Services at any time by communicating such request to NETGEAR by visiting www.netgear.com/support.
(b) Refund Policy. Unless otherwise specified in the Additional Terms applicable to Your Products or Services, the following will apply:
Free Trial Period. If You are taking part in any trial-period offer, You must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges. If You do not cancel the trial Service(s) by the end of the trial period, NETGEAR will charge you for the Service(s).
Fixed-Term Subscription (paid monthly). If You cancel by the end of the trial period, You will not incur any new charges. If You cancel after the trial period, Your Service will continue until the end of that month's billing period, and You will be charged an early termination fee equal to your monthly subscription rate for each month remaining on your subscription.
Fixed-Term Subscription (prepaid). If You cancel by the end of the trial period, You will not incur any new charges. If You cancel after the trial period, Your payment is non-refundable and Your service will continue until the end of Your contracted term.
Month-to-month Subscription. If You cancel by the end of the trial period, You will not incur any new charges. If You cancel after the trial period, Your payment is non-refundable and Your service will continue until the end of that month's billing period.
Shipping Charges. Any shipping charges paid in connection with your Service(s) are non-refundable.
(a) Without limiting the generality of the foregoing, NETGEAR retains the absolute right to immediately disable and/or terminate Your Service at any time (without observing any notice period) if:
You are in breach of any provision of these Subscription Terms;
You have demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with these Subscription Terms or NETGEAR's Terms and Conditions;
Your subscription charges are refused for any reason;
You misuse the Services;
You alter Your system or use the Services or software in such a manner as to infringe upon the intellectual property rights of NETGEAR or any third party;
Any supplier or partner of NETGEAR providing the Services to or together with NETGEAR decide to terminate the provision of the Services or any parts thereof (either worldwide or in the country where You are a resident or from where You are Using the Services) or if any supplier or partner of NETGEAR decides to terminate the entire relationship with NETGEAR and regardless of the reason of such termination, including where any supplier or partner of NETGEAR are of the opinion that the provision of the Services or parts thereof to You or to NETGEAR or together with NETGEAR are no longer commercially feasible;
NETGEAR or any supplier or partner of NETGEAR providing the Services to or together with NETGEAR are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful); or
Required by law.
Upon any such termination of Your account by NETGEAR, You will remain obligated to pay all outstanding fees and charges relating to Your use of the Subscription Services before the effective date of such termination, and NETGEAR will give You a pro-rated refund of any of Your paid for, but unused, Services fees that will remain unused because of NETGEAR's termination. Termination of the Services may result in the forfeiture and destruction of all information associated with Your membership, including "Content" (i.e., all content that is made available in the Services or accessible as part of or by the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text)).
(b) Hardware Equipment. If Your Subscription Service includes hardware equipment, upon cancellation or termination, you must follow NETGEAR's instructions in returning the equipment in good condition. If you do not return the equipment within the specified time, you will be charged for the fair market value of the equipment. You may also be required to pay shipping charges associated with the return.
(c) User Content Back-Ups. You are entirely responsible for backing up Your "User Content" (i.e., any information, materials, documents, media files or other content You upload, transmit, create, post, display or otherwise provide on or through the Services) stored with NETGEAR or through the Services to another location outside the Services (e.g., by means of creating local copies or backups with specialized online backup Services) to avoid loss of Your User Content and other data. If NETGEAR disables access to Your Service, You may be prevented from accessing the Services, Your related account details or any files, User Content or products that are stored with the Services. NETGEAR may in its sole discretion, however, allow You to backup Your User Content stored with NETGEAR through the use of the Services. You understand that NETGEAR may delete Your User Content after a reasonable backup period has lapsed ("Backup Grace Period"). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content.
(a) change, add, or remove features and functionality of the Services or suspend and/or cease providing the Services or any part of the Services. If You are dissatisfied with any material changes to the Services during a subscription, You may immediately terminate Your use of the Services and be entitled to a pro-rated refund of any of Your paid for, but unused, subscription. NETGEAR is under no obligation to provide any or all features and functionality to Your Services and may, at its discretion, discontinue the provision of Software Updates to certain Services;
(b) disable or suspend Your use of the Services including access to Your account(s) and any files or other content contained in Your account(s) either temporarily or permanently (in accordance with Section 7);
(c) set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and
(d) pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.
(a) NETGEAR may implement an integrated registration solution through a single sign on process ("SingleSignOn"). SingleSignOn means that once You open an account with NETGEAR You may use Your User account and User ID for other Services of NETGEAR which eliminates the need to maintain separate User accounts and User ID's for each individual Service. SingleSignOn may also allow You to sign in and sign off from Services and through different devices at once.
(b) The SingleSignOn may offer You the possibility to connect Your Services with Your account from third party social media sites, such as Facebook, Twitter, and Google+ with the SingleSignOn through an application programming interface (API) or other software. By allowing the SingleSignOn to connect with Your accounts on such third party sites, You consent to our accessing the information in those accounts, which information may include personally identifiable information. Additionally, You understand that by accessing the SingleSignOn via Your social media or other third party account, activity You engage in through the SingleSignOn may be published on the third party site. It is Your choice whether to use any such third party sites. We recommend You review the privacy policies of each third party site before You allow the SingleSignOn to connect with Your accounts on such third party sites or share pages or information with Your friends through those sites.
(c) You agree that You do not own Your SingleSignOn username. NETGEAR may reclaim or use Your SingleSignOn username.
Protection of Account Data.
(a) You are entirely responsible for maintaining the confidentiality of Your Account Data, and for the activity that occurs under Your account. You agree to promptly notify NETGEAR about any unauthorized use of Your account or Account Data. You will notify NETGEAR immediately upon becoming aware of any unauthorized use of any of Your Account Data or any other breach of security.
(b) You will keep Your Account Data safe and secure and prevent unauthorized access to Your Account Data and Your account by third parties, in particular by: (i) avoiding obvious User IDs or passwords, (ii) by changing Your password regularly, (iii) by ensuring that You do not disclose Your password(s) or grant any other user or third party access to Your Account Data or Services, and (iv) by ensuring that You exit from Your account at the end of each session.
(c) NETGEAR may regard any instructions to be from You if they are received from or issued by a user or third party using or providing Your Account Data.
(d) You agree not to use any Account Data or Services of any other user or person than Yourself without permission of the user or person holding the respective Service.
(e) You can access and change Your Account Data at any time by accessing the respective NETGEAR Service.
Software Updates. By using the Product, You agree to receive all Software Updates and upgrades that NETGEAR sends to the software included in the Product. You specifically agree Your Product may: (i) communicate with NETGEAR servers from time to time to automatically check for available updates, such as bug fixes, critical system updates, patches, enhanced functions, upgrades, missing plug-ins and new versions (collectively, "Software Updates") and (ii) install the Software Updates. Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Product.
(a) Not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any of the Product or parts thereof, use of the Product or access to the Product;
(b) Not remove any proprietary notice language corresponding to the Product;
(c) Make no modifications to any such Product, except where such rights cannot be excluded under applicable law;
(d) Not attempt to gain unauthorized access to any portion or feature of the Product, or any other systems or networks connected to the Product or to any NETGEAR server, or to any of the services offered on or through the Product, by hacking or any other illegitimate means;
(e) Not to use the Product to: (i) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or harms minors in any way; (ii) impersonate any person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Product; (iv) upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; (vii) interfere with or disrupt the Products or servers, networks or other equipment connected to the Products (including without limitation denial-of-Service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Product; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ and any regulations having the force of law; and (ix) "stalk" or otherwise harass another person;
(f) Comply with and follow instructions made available to You by NETGEAR in connection with the Product;
(g) At all times observe these Terms and Conditions and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Product.
(a) As between You and NETGEAR, NETGEAR owns all right, title and interest in and to the Product, including without limitation all applicable intellectual property rights or other proprietary rights in such Products and in the associated devices, regardless of whether registered/legally secured or not. Except for the rights expressly granted to You in these Terms and Conditions and any Special Terms, NETGEAR retains all rights in or pertaining to the Product.
(b) You may need to use certain software programs to use or have full access to certain features of the Product. You are required to accept and use the software included in the Product at the time of purchase and other software programs that may be delivered to Your Product by NETGEAR from time to time. NETGEAR and its licensors own all right, title, and interest to such software and intellectual property rights in such software. NETGEAR also retains ownership of all NETGEAR copyrights and trademarks (including the NETGEAR Brands). In the case of third party software delivered by NETGEAR to the Products, the applicable third party retains title to and ownership of its software, copyrights and trademarks.
(a) grant any other user or third party a license to use the Product or otherwise to access Your account;
(b) use the Product to provide the Product or related services to other users or any other third parties;
(c) otherwise assign, grant a sublicense in, or grant a security interest in or over Your account and/or the Product or any rights under it, loan or lease the Your account and/or the Product, or otherwise transfer the Your account and/or the Product or any rights under it to any third party; or
(d) copy, edit, modify, alter or create a derivative work of, reverse engineer, disassemble, decompile, create derivative works of, or otherwise attempt to extract the source code of Product (or any part of it), unless expressly permitted by NETGEAR in writing, or to the extent permitted under the laws applicable to You, and You will not permit or grant a license to any third party to do so.
NONUSE OF NETGEAR PRODUCTS IN CERTAIN SYSTEMS. You agree that You will not use the NETGEAR Products in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems or any other such activities in which the failure of the Products could lead to death, personal injury or severe physical or environmental damage.
USER CONTENT. You are entirely responsible for the user content provided by You and for any consequences arising in connection with that user content (including any loss or damage suffered or incurred by NETGEAR, as set out in Section 24). In particular, You warrant and represent to NETGEAR that:
(a) You are the owner of all rights pertaining to the user content or otherwise authorized to grant NETGEAR the user content license;
(b) The user content will not infringe any intellectual property or other third party rights or contain any insider information;
(c) The user content will not contain any material which is harmfStyledUl, inaccurate, pornographic, abusive, obscene, threatening, defamatory, or which is otherwise illegal or which does not comply with applicable law;
(d) The user content will not contain any viruses or other harmfStyledUl software, code or similar means and devices which could damage, harm, disable or otherwise impact or limit the function and performance of the Product and/or any device accessing such user content, regardless of whether this device belongs to NETGEAR or any other user or third party including server, network nodes or any similar equipment;
(e) The user content will comply and conform to any age classification rules and requirements (including accurate and adequate classification and rating of any user content, as the case may be) under the applicable laws, including the country in which You are a resident or from which You are using the Product;
(f) The use of the user content by NETGEAR will not impose any obligation upon NETGEAR to pay any kind of monetary contribution (including license fees, dues or otherwise) to any third party (in particular collecting societies); and
(g) You will not falsely represent Yourself by impersonating other people.
(a) These Terms and Conditions; and
(b) Any applicable law or regulation in the relevant jurisdiction, including the jurisdiction where You are a resident or from where You are using the Products and for the consequences of any such breach, including any loss or damage which NETGEAR or any third party may incur or suffer.
(a) Any direct, incidental, special or consequential damages;
(b) Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect);
(c) Any damage to and/or corruption or loss of date (whether direct or indirect);
(d) Any loss or damage as a result of:
Any breach of the Terms and Conditions of this Agreement or any other agreement or contractual relationship between NETGEAR and You which is attributable to negligence on the part of NETGEAR, and its suppliers, partners and/or licensors;
Any reliance placed by You on the suitability, accuracy, completeness, reliability or existence of any (a) Products (including any software, information documents, materials made available to You as part or in course of the usage of the Products) or (b) advertising or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising (including any promotional material) is made available on or by Your use of the Products;
Any content, including, but not limited to, the loss of content, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the Products;
Any changes, modifications, extensions or limitations (including any suspension of Your use of the NETGEAR website, services, access to Your account and account data or Your registration date) to the Products, or any permanent or temporary cessation in the provision of the Products (or any part of them); or
The use of Your account data by any other person than Yourself (regardless of whether with or without Your knowledge). You are fully responsible and liable to compensate NETGEAR for any damage and/or loss incurred due to the use of Your account data by someone else.
(a) Liability for death, personal injury resulting from NETGEAR's negligence or in accordance with any product liability act; and
(b) Liability for damages or losses which may not be lawfully excluded or limited under applicable mandatory law. If the laws in the User's jurisdiction do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, only the limitations which are lawful in that jurisdiction will apply to the User and NETGEAR's liability and warranty will be limited to the maximum extent permitted by applicable law.
(a) Apple is not a party to these Terms and Conditions and does not own and is not responsible for any NETGEAR App. Apple is not providing any warranty for the NETGEAR App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the NETGEAR App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the NETGEAR App, including any third party product liability claims, claims that the NETGEAR App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the NETGEAR App, including those pertaining to intellectual property rights, must be directed to NETGEAR in accordance with Section 31 ("Contact Information").
(b) The license You have been granted in these Terms and Conditions is limited to a non-transferable license to use the NETGEAR App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by You, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, You must comply with the terms of any third party agreement applicable to You when using the NETGEAR App, such as Your wireless data Service agreement.
(c) You represent and warrant that (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.
(d) Apple and Apple's subsidiaries are third party beneficiaries of these Terms and Conditions and, upon Your acceptance of the terms and conditions of these Terms and Conditions, will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third party beneficiary thereof; notwithstanding the foregoing, NETGEAR's right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms and Conditions is not subject to the consent of any third party.
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property interest that You claim has been infringed;
(c) a description of where the material that You claim is infringing is located on the NETGEAR website;
(d) Your address, telephone number, and email address;
(e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Please mail this information to: Legal Department, NETGEAR, 350 E Plumeria Drive, San Jose, California 95134.
(a) NETGEAR may respond to notices of alleged copyright infringement or violation of other laws in accordance with applicable law and may terminate, suspend or block access (either temporary or permanently) to accounts of users who repeatedly infringe copyright laws or violate other applicable law.
(b) NETGEAR may terminate the accounts of users of any NETGEAR Product who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under U.S. law or comparable foreign laws. NETGEAR may terminate the accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.
The following NETGEAR entity is responsible for delivering the Products depending on where You are using the Products:
Thus, if You have any questions, complaints, or claims with respect to the Products, You may contact us at the following addresses (as applicable):
350 East Plumeria Drive
San Jose, CA 95134
Corporate Office Phone: 408-907-8000
Corporate Office Fax: 408-907-8097
NETGEAR International Limited
First Floor Building 3 University Technology Centre Curraheen Road
Corporate Office Phone: 353 21 2333 200
Corporate Office Fax: 353 21 2333 299
ADDITIONAL TERMS FOR NETGEAR ARMOR SUBSCRIPTION SERVICES
ADDITIONAL TERMS FOR NETGEAR E-STORE
© 2019 NETGEAR, Inc. All Rights Reserved.
Revision Effective: May. 29, 2019