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Terms of Use

Last update 07/08/15

 

The following terms and conditions of use (“Terms of Use”), together with the Pulse Secure Forums Community Usage Guidelines (the "Guidelines"), apply to all visitors or users (“User,” “You,” or “Your”) of the Pulse Secure Forum websites and related forums (the "Community").  Each time You access and/or use the Community, You hereby acknowledge acceptance of, and agree to abide by, these Terms of Use and the Guidelines. These Terms of Use terms and conditions are not exhaustive. Pulse Secure, LLC ("Pulse", "We" or "Us") reserves the right to change these Terms of Use and/or the Guidelines from time to time at its sole discretion by posting an update to the Community website where such content is regularly maintained.  If You do not agree with these Terms of Use and Guidelines, You may not use nor have access to the Community.

In the case of any violation of these Terms of Use and/or Guidelines, Pulse reserves the right to suspend or terminate Your ability to access and/or use the Community. In addition, Pulse reserves the right to seek all remedies available at law and in equity for such violations. These Terms of Use apply to all Your visits to the Community, both now and in the future.

Compliance with Applicable Laws; Export Control Laws

User access to and use of the Community are governed by, and shall be subject to, all applicable national, federal, state and local laws and regulations. All information available within the Community is subject to U.S. export control laws and may also be subject to the laws of the country where You reside. User hereby agrees to comply with all applicable laws and regulations when accessing or otherwise using the Community.

Trademarks

The trademarks, logos and service marks ("Marks") displayed within the Community are the property of Pulse or other third parties. Users are not permitted to use these Marks without the prior written consent of Pulse or such third party which may own the Mark. Pulse Secure, the Pulse Secure logo and Pulse One are trademarks of Pulse.

 

Disclaimers

The Community may have forum moderators. These moderators may or may not be Pulse employees, but do not provide official Pulse content. Official Pulse content will be posted only by users identified as official Pulse Site Administrators. Pulse is not responsible for content posted by any user who is not designated as an official Pulse Site Administrator.

Although Pulse will attempt to see that accurate information is posted within the Community, Pulse assumes no responsibility for the accuracy of the information.

BY ACCESSING AND/OR USING THE COMMUNITY OR THE CONTENT THEREIN, YOU EXPRESSLY AGREE THAT THE COMMUNITY AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE FOREGOING IS AT YOUR SOLE RISK. PULSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE COMMUNITY AND THE CONTENT THEREIN, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS.

PULSE MAKES NO WARRANTY THAT THE COMMUNITY OR THE CONTENT THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THE COMMUNITY AND THE CONTENT THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PULSE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMMUNITY OR THE CONTENT THEREIN, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE COMMUNITY OR THE CONTENT THEREIN WILL MEET YOUR EXPECTATIONS. PULSE MAKES NO WARRANTY THAT DEFECTS IN ITS OR ITS THIRD PARTY VENDORS'SOFTWARE OR SERVICES WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES THE COMMUNITY AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF COMMUNITY OR THE CONTENT THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT, MATERIAL OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PULSE OR THROUGH THE COMMUNITY OR THE CONTENT THEREIN SHALL CREATE ANY WARRANTY, CONTRACT OR LEGAL OBLIGATION NOT EXPRESSLY STATED IN A SEPARATE, WRITTEN, BINDING AGREEMENT, IN THESE TERMS OF USE AND THE GUIDELINES.

IF YOU ARE DISSATISFIED WITH THE COMMUNITY, THE CONTENT THERIN, THE MATERIALS AVAILABLE ON OR THROUGH THE COMMUNITY, OR WITH ANY OF THE GUIDELINES OR TERMS OF USE APPLICABLE TO THE COMMUNITY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE COMMUNITY AND THE CONTENT THERIN.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL PULSE OR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF PULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THE COMMUNITY OR THE CONTENT THEREIN (INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN TRANSMISSION, OR ANY FAILURE OF A SERVER, OR THE INTERNET), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COMMUNITY OR THE CONTENT THERIN, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMMUNITY OR, (V) ANY OTHER MATTER RELATING TO THE COMMUNITY OR THE CONTENT THEREIN.

EXCLUSIONS AND LIMITATIONS:

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Site Content Ownership

Content included at this site and provided by or on behalf of Pulse (including but not limited to text, graphics, logos, images and forum posts) ARE the exclusive property of Pulse and its licensors. By submitting Your content to the Community (including, but not limited to sending messages through this website or through other applicable websites or posting messages to discussion boards, and chat rooms), You hereby grant to Pulse and its subsidiaries a worldwide, perpetual, irrevocable, royalty-free and fully-paid, freely transferable (including sublicense through multiple tiers), right to display, copy, publish, and exercise all copyright, publicity, and moral rights, in any media now known or not currently known, with respect to any content You provide to Us in any discussion space on this or other Community web sites or in any e-mail that You provide to us through the Community web site(s). By submitting content to the Community, You further represent and warrant to Pulse and other members of the Community that the content and act of such submission, and any subsequent access and/or use of such content by Pulse or members of the Community in accordance with these Terms of Use, does not and will not violate the terms of any agreements with or obligations to any other parties, including, without limitation, any agreements regarding confidentiality, intellectual property rights. Pulse reserves the right to add, delete, edit, modify, and take any other action Pulse deems necessary to preserve the integrity of all Community forum posts.

Enforcement

Pulse reserves the right to investigate any violation of these Community Terms of Use and the Guidelines and to take appropriate action and Pulse has absolute discretion over their enforcement. Remedial action may include, but is not limited to warning users, suspending or terminating access to and/or use of the Community, deleting or editing any content. Pulse, in its sole discretion, may require that a user delete, edit, or re-submit any inappropriate content first.

To report violations, please use the Flag Abuse feature.  Please include the message board name and the link of the post in question.

Cookies

The Pulse policy on cookies is defined in Pulse’s Privacy Policy. You do not need to have cookies turned on to view Community postings. However, with cookies turned off or if You do not accept the cookie from the Community, You may not be permitted to sign onto the Community to post content or respond to postings.

International Site Use

The Community is designed for US-based customers who purchased products in the US for use in the US. All Community Forum content is in English.  The Community Forum may not be helpful or relevant to international customers. Not all products or programs mentioned will be available internationally. Please contact Your local sales representative for information as to products and services available in other countries.

Links to Third Party Sites

The Community may contain links to third party sites. Access to any other internet site linked to the Community is at the User's own risk and Pulse is not responsible for the accuracy or reliability of any information, data, security, opinions, advice or statements made on these sites. Pulse allows these links merely as a convenience and the inclusion of such links does not imply an endorsement.  Any links posted by You or by users are subject to these Terms of Use like any other type of content posted to the Community. You may not post a link in the Community that directs users to any content or information that would constitute a violation of these Terms of Use and/or the Guidelines, as determined by Pulse’s sole discretion.

General

Use of the Community is at Your own risk. Do not post any information that You do not wish to make public. Any information that You post can be obtained and used by others. You post at Your own risk. It is not possible to be certain that fellow Community users are who they say they are.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Community is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Community may be subject to prosecution.

License Rights

No license to any Pulse product, service or proprietary rights (including, but not limited to, Pulse's confidential information, copyrights, patents, trademarks or trade secrets) is granted to users by accessing or using the Community. Users are required to abide by the terms of all applicable license agreements with respect to any content, software or other materials provided to, or accessed or obtained in connection with, the Community.

Relevant and Respectful Posts

All posts to the Community shall be relevant and respectful.  Pulse, at its sole discretion, may remove any members or messages that it determines are unethical, deceptive, insulting, abusive, offensive, threatening, harassing, or acting in any similar manner, this includes users or messages that practice or involve illegal activities or those that violate or disregard the Guidelines and/or the Terms of Use.

No Commercial Activity, Advertising or Solicitation

Commercial activity is strictly prohibited in this Community. The Community may not be used to post, provide links to or discuss pricing, discounts, availability, margins or any other matters related to the purchase, sale or exchange of Pulse products or services of those of any other entity or person. You must also refrain from posting any content and/or links that would constitute advertising, junk mail, pfishing, spam, chain letters, or any other form of solicitation of vendors, customers, products, services, or personnel.

Security 

Pretending to be someone else or using another person or entity’s login credentials is prohibited.  Do not share Your User ID and password with anyone, nor allow others to log on with Your identity.  You may not post any content or link to the Community that exposes users to viruses and/or compromises cyber-security.

Keep Confidential Information Confidential

Protect Your and Your Company's, private information.  You may not use this Community to disseminate or discuss any confidential information of You, Your company, Pulse or any other person or entity. You are solely responsible to ensure that anything You post does not contain information that may be deemed confidential by You, Pulse, Your company, or a third party. This may include (but is not limited to) any proprietary information, trade secrets, and the terms or existence of Pulse related agreements, nondisclosure agreements, sales or service agreements or other information that may be deemed confidential.

You are solely responsible for Your actions and the information You share in the Community. Before submitting files, images or other documents ensure that You have removed any confidential information about You, Your company and/or third parties, including, but not limited to, individuals’ names, company name, IP addresses, etc.). 

Digital Millennium Copyright Act

Pulse respects the intellectual property of others. Pulse will respond promptly to claims of intellectual property misuse, in accordance with the Act (defined below) and, where applicable, remove the potentially infringing material.

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act ("Act"), Pulse has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If You believe Your copyrights are being infringed by a Pulse customer or other third party on the Community or through the Service, please send a Notice of Infringement to Pulse addressed to the following email:  legal@pulsesecure.net.  The Notice of Infringement must substantively comply with the safe harbor provisions of the Digital Millennium Copyright Act and must contain the following information as set forth in 17 U.S.C. § 512(c)(3)(A), which provides:

To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Please provide a separate notification of infringement each time You wish to report alleged acts of infringement and email it to the address provided.


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