Use of the Tripwire Customer Center Forums (the “Forums”) establishes a binding agreement between Tripwire, Inc. (“Tripwire”) and you as the person or entity using the Forums; provided that if you are accepting these terms and conditions (“Forums Terms of Use”) on behalf of a legal entity, you represent and warrant that you have the authority to bind such entity to this Forums Terms of Use, in which case the term "You" or “Your” refers to such entity. IF YOU DO NOT HAVE SUCH AUTHORITY OR IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE FORUMS. Tripwire reserves the right to modify the Terms of Use at any time and Your continued use of the Forums is subject to such changes. If any future change is unacceptable to You, You should discontinue using the Forum.
Use of Forums
You and other third party users of the Forums may choose to post, submit, contribute, publish, display, make available or transmit to others (hereinafter, "Post") content or materials including, but not limited to data, text, files, names, likenesses, logos, artwork, graphics, images, video, audio, HTML or other code, image maps, and software applications (collectively, "User-Generated Content") on or through the Forums. The Forums cannot be used to exchange information, services, materials or software in return for payment of any kind (trade of like times, special discounts, cash, etc.), or to post advertising of any kind. Messages or User-Generated Content sent via the direct message function are intended for the recipient only and are not to be copied into the public areas of the Forums. You may not redistribute, electronic or otherwise, any User-Generated Content or information Posted by other Forums users without the express written permission of that user. You shall not claim or imply any Tripwire endorsement of Your User-Generated Content.
You are expressly prohibited from compiling and using other users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Forums, for the purpose of creating or compiling marketing and/or mailing lists and from sending other users unsolicited marketing materials, whether by facsimile, email, or other technological means. You also are expressly prohibited from distributing users' personal information to third-party parties for marketing purposes.
You understand and acknowledge that: (a) Tripwire may enforce standards for appropriate content and prohibit uses that do not support the intended community environment of the Forums; (b) Tripwire may restrict, suspend or terminate Your access to the Forums at any time and for any reason without liability; (c) opinions expressed in User-Generated Content are those of the user Posting the User-Generated Content and do not reflect the opinion of Tripwire; (c) any information You disclose in Forums can be obtained by any other registered user of that forum and due care should be taken when sharing information and User-Generated Content in the Forums; (d) Tripwire may, but is under no obligation to, monitor, delete, or censor comments made by users or User-Generated Content at any time and for any reason; (e) Tripwire will not review all material before it is Posted on the Forums nor be obligated to promptly remove material after it has been Posted for any reason; (f) You are solely responsible for any User-Generated Content that You Post, including its legality, reliability, accuracy and appropriateness; (g) You are solely responsible for implementing sufficient procedures to satisfy Your security requirements related to the download and use of User-Generated Content; and (h) Tripwire is not responsible for, and has no liability with respect to, any User-Generated Content.
License Grant to Tripwire
By using the Forums and submitting User-Generated Content, You hereby grant to Tripwire a perpetual, irrevocable, royalty free, fully paid, sublicensable, transferable, non exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User-Generated Content that You Post for any purpose. No rights are granted to You with respect to User-Generated Contents other than the limited, personal, non exclusive license to reproduce User-Generated Contents as necessary to display the User-Generated Contents on a computer that You use to interact with the Forums. All title, ownership rights and intellectual property rights in and to the Forums shall remain the exclusive property of Tripwire and its licensors
Representations and Warranties
By Posting User-Generated Content, You represent and warrant that: (a) User-Generated Content is non confidential and non proprietary information which You are authorized to Post; (b) You own or control all rights in and to the User-Generated Contents that You Post; (c) You have the right to grant Tripwire and its affiliates the license granted in these Forums Terms of Use and that all of Your User-Generated Contents do and will comply with these Forums Terms of Use; (d) User-Generated Content complies with all applicable laws, is not obscene, indecent, unsuitable for minors, excessively violent, sexually explicit, false, misleading, deceptive, fraudulent, harassing, libelous or defamatory; and (e) User-Generated Content does not contain any viruses, Trojan horses or other harmful software components, nor subjects the Forum's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Forums.
Privacy
User-Generated Content Posted to the Forum is governed by Tripwire’s current
Privacy Policy.
Links to Other Materials
User Generated Content may contain links to sites owned or operated by independent third parties. Tripwire does not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Forums offer such links should not be construed in any way as an endorsement, authorization, or sponsorship from Tripwire of that site, its content or the companies or products referenced therein, and Tripwire reserves the right to note its lack of affiliation, sponsorship, or endorsement on the Forums or remove the Post for any reason. If You decide to access any of the third-party sites linked to in the Forums, You do this entirely at Your own risk.
Disclaimer
ALL USER-GENERATED CONTENT MADE AVAILABLE BY FORUMS USERS THROUGH THE FORUMS IS PROVIDED “AS IS” WITHOUT ANY WARRANTY. TRIPWIRE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES FOR THE USER-GENERATED CONTENT, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. YOUR USE OF ANY USER-GENERATED CONTENT IS AT YOUR OWN RISK.
Indemnification
You agree to indemnify and hold harmless Tripwire, its officers, directors, employees, affiliates, and agents from and against all claims, liabilities, damages, losses or expenses, including attorneys' fees, due to or arising out of any User-Generated Content that You Post or use, Your violation of the Forums Terms of Use or any additional rules provided on or through our Forums, Your violation of state and federal law, or Your violation or infringement of any third-party right.
Limitation of Liability
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL TRIPWIRE, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FORUMS, INCLUDING THE USER-GENERATED CONTENT AND ANY THIRD PARTY WEBSITE TO WHICH A LINK IS MADE AVAILBLE IN THE FORUMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF TRIPWIRE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Terms & Conditions
Any claim relating to, and the use of, the Forums and the materials contained herein is governed by the laws of the state of Oregon without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon, for the resolution of any and all disputes arising out of or relating to Your use of the Forums. If any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect. Tripwire may terminate the Forums at any time without notice. In the event of termination, You must immediately cease accessing and using the Forums. All restrictions imposed on You, licenses granted by You and all disclaimers, indemnities and limitations of liability set out in these Forums Terms of Use will survive.
Miscellaneous
The Forums Terms of Use constitute the entire agreement between Tripwire and You concerning the subject matter hereof. If any part of the Forums Terms of Use are held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Forum Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Tripwire Contact
This is the website for Tripwire, Inc.
Our postal address is:
Tripwire Headquarters
308 SW Second Ave, Ste. 400
Portland, OR 97204