PLEASE READ CAREFULLY These Terms and Conditions (“Terms”) govern your access to and use of this website (“Site”), which is owned and operated by Seagate Technology LLC (“Seagate”, “we”, “us”, “our”). Please return to this Site and review these Terms from time to time, as they may be amended without notice. Any changes to these Terms will be effective immediately upon the posting of the revised Terms on this Site. Some products and services accessible through this Site are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions shall prevail. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
GENERAL Seagate does not guarantee that the contents of this Site are error-free. Information on this Site may contain technical inaccuracies and/or typographical or other types of errors and may be changed or updated at any time without notice. Seagate may also make improvements and/or changes in the products and/or programs described on this Site at any time without notice. Seagate will use reasonable efforts to place accurate and up-to-date information on this Site but makes no guarantee of its accuracy, completeness or timeliness. You acknowledge that your use of any information available through this site is at your own risk.
WARRANTY DISCLAIMER THIS SITE AND ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, SEAGATE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SEAGATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THIS SITE OR THE CONTENT OR MATERIALS ON THIS SITE OR ANY WEBSITES LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION, THAT (I) USE OF THIS SITE OR ANY CONTENT OR MATERIALS ON OR FROM THIS SITE (INCLUDING ANY SOFTWARE, PRODUCT OR SERVICE) WILL BE UNINTERRUPTED, (II) THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (III) ANY ERRORS ON THIS SITE WILL BE CORRECTED, OR (IV) THE SERVERS ON WHICH THIS SITE, CONTENT AND MATERIALS ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent prohibited.
CODE OF CONDUCT You agree that you will only use this Site (including features thereof and products or services offered thereon) for their intended purpose. You agree to limit such uses to your personal, non-commercial use. You further agree not to: (i) use this Site, any content or other materials on this Site, or any products or services included on or available through this Site for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of this Site are able to type, hacking or defacing any portion of this Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real-time exchanges; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content or other materials on this Site.
Seagate has the right to terminate your use of this Site, or any portion of this Site, with or without notice, at its sole discretion, for any reason or no reason at all, including, but not limited to, if Seagate determines (at its sole discretion) that your use of or conduct on or related to this Site (i) violates these Terms or any additional terms and conditions, (ii) is harmful to Seagate, its customers or vendors, another user or any other party, or (iii) violates applicable law.
DEALER LOCATOR DISCLAIMER. Seagate offers the Dealer Locator as an informational service only; it is not an endorsement or recommendation - implied or otherwise of any of the listed companies. Each company listed is independent from Seagate and is not under the control of Seagate. Seagate accepts no responsibility for and disclaims any liability from the actions of the listed companies. You should make your own independent evaluation before conducting business with any such company. To update any dealer information on this Site, please contact webmaster@seagate.com.
LIMITATION OF LIABILITY IN NO EVENT WILL SEAGATE, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SPONSORS OR ADVERTISERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE.
COPYRIGHT AND TRADEMARK All materials on this Site, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, the “Content”), are protected by copyrights and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. Except as stated in these Terms, none of the Content on this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Seagate or the copyright owner. You may also not, without Seagate's permission, "mirror" any Content contained on this Site on any other server. Any unauthorised use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
DOWNLOADING You may only download those materials from this Site that are expressly designated to be downloaded by users. Where a fee is required to download any materials, you may not download such materials without paying such fee. You agree not to use technical or other means to circumvent these Terms or any content protection technology used on this Site. Any unauthorised use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited.
There are inherent dangers in the use of any software available for downloading on the Internet, and Seagate cautions you to make sure that you completely understand the potential risks before downloading any of the software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software and assume all risks associated with any downloaded software.
SUBMISSION OF INFORMATION OR MATERIALS You may be required to provide us with information about yourself in order to enjoy certain features of this Site, such as setting up an account and purchasing downloads. If you choose to provide us with such information, you agree: (i) to provide true, accurate, current and complete information about yourself (and your company if you are opening an account or making a purchase on behalf of your company) as prompted by this Site, and (ii) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of this Site. Any information you provide to us is subject to our Privacy Policy.
Seagate does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Seagate, you agree that the idea becomes and remains the sole and exclusive property of Seagate without further liability or compensation to you. Except for the details of your registration and product orders, you agree that any information or materials that you submit to Seagate via this Site or any email links provided on this Site will not be considered confidential or proprietary. All such materials shall be deemed the property of Seagate, and your submission of information shall constitute an assignment to Seagate of all worldwide rights, titles and interests in such information. Seagate will not be liable for any use or disclosure of such information. Seagate will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose, distribute, publicly perform and transmit such information to others without limitation or compensation. Seagate will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.
PASSWORD AND USERNAME Access to some Content and other materials offered on this Site is password controlled and is accessible to registered users only. You certify that all information provided in the registration process is accurate and correct. If you are registering or making a purchase or conducting other transactions on behalf of your company, you represent and certify that you are an authorised representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password-controlled content). You are solely responsible for maintaining the confidentiality of your account information, including, without limitation, your username and password. You are solely responsible for all activities that occur under your username and password. You agree to notify Seagate immediately of any unauthorised use of your username, password or account or any other breach of security. Seagate will not be liable for any loss that you may incur as a result of someone else using your username, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Seagate as a result of the misuse of your username, password or account.
LINKS TO THIRD-PARTY SITES There are links on this Site that will allow you to navigate to other third-party sites over which Seagate has no control. These links are provided for your convenience only and your use of them is at your own risk. Seagate makes no representations whatsoever about the content of any of these other websites, or about any of the links contained in the websites that you may access through this Site. Seagate does not endorse or accept any responsibility for the content, or use, of any such linked websites.
JURISDICTION AND GOVERNING LAW This Site is maintained, controlled, operated and administered by Seagate from within the United States of America ("US”). Seagate makes no representation that the Content or any other materials at this Site are appropriate for use at locations outside the US and access to this Site from countries where such Content or materials are illegal is prohibited. If you access this Site from a location outside the US, you are responsible for compliance with all local laws. The use of this Site, the Content or any other materials on this Site, and these Terms are governed by the laws of the United States and the state of California, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms, must be brought in Santa Clara, California and must be brought within one year after the claim or cause of action arises, otherwise it is barred. By using this Site, you irrevocably submit to the jurisdiction of the State and Federal courts located in Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.
INTERNATIONAL TRADE COMPLIANCE The goods licensed or sold through this Site, which may include technology and software, are subject to the customs and export control laws and regulations of the US and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Furthermore, under US law, such goods may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end user or an end user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge that it is your responsibility to comply with and abide by those laws and regulations, and that any customer or vendor that you request Seagate to route products to directly has also been made aware of the associated export controls.
CONFIDENTIAL INFORMATION You may be given access to Seagate confidential information through this site or links from this site. You may not disclose Seagate confidential information to any third party without the written consent of Seagate. You must protect Seagate confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. Seagate confidential information includes, but is not limited to, all non-public information regarding Seagate, its intellectual property or its products, quantity and prices of products purchased, design and development data, engineering details, CAD drawings, sales and marketing plans, unannounced products, any information marked "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to Seagate. You may enter into separate non-disclosure agreements with Seagate governing specific disclosures. To the extent that the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control the specific disclosure.
EMAIL FROM SEAGATE Seagate may send you email from time to time. You acknowledge that such emails are sent with your consent and permission. If you do not wish to receive any promotional email from us, follow the opt-out directions set forth in such email.
ENTIRE AGREEMENT These Terms represent the entire agreement relating to the use of the Site. Seagate's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
INDEMNITY By using this Site you agree to indemnify Seagate, and its subsidiaries, partners, affiliates, agents, consultants, sponsors, advertisers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”), and hold the Released Parties harmless from any and all claims and expenses, including lawyers’ fees, arising from your use of this Site or the Content or other materials on this Site, your breach of any term or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this Site, or your submission of information or materials to Seagate by any means or from any person’s use of any account or password you maintain with Seagate or this Site, regardless of whether such use is authorised by you. By using this Site, or submitting any ideas and/or related materials to Seagate, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this Site or to any disputes regarding use of ideas and/or related materials submitted to Seagate.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES IN A RELEVANT PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
QUESTIONS OR COMMENTS If you have any questions or comments about these Terms, please contact us at webmaster@seagate.com.
Last updated 29 March 2007
Seagate Technology LLC (“Seagate”, “we”, “our” or “us”) welcomes the opportunity to partner with the reseller community by offering a reseller partner programme to help promote Seagate products. The Seagate Partner Programme (“SPP”) offers useful tools, promotions and programmes for our resellers. Membership is open to all storage resellers, system builders, direct marketers, retailers and OEMs who purchase Seagate storage products. Some features, promotions or services may be open to only a certain category of members or members located in certain countries or territories. The following terms apply to your participation in SPP, and you will be bound by these terms when you register to become a member of SPP or participate in any SPP activities or programmes. Seagate may amend these terms at any time by posting the amended terms at partners. The amended terms will become effective upon posting. In addition, by using www.seagate.com, you are subject to, and you agree to be bound by, the Terms and Conditions and the Privacy Policy of this website. For questions, please contact partner.support@seagate.com.
Membership Registration
To become a member of SPP you must complete the registration and profile form provided on the SPP Registration Page. The person registering must be at least 18 years old and must have reached the age of majority in the country, state or province of such person’s residence. Each registrant must provide true, accurate and complete information about the registrant and his/her company, as prompted by the registration form (“Registration Data”), and must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your membership and refuse any and all current or future access to SPP (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your membership and SPP by email. You acknowledge and agree that we shall have no liability associated with, or arising from, your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about SPP.
Programmes and Eligibility
The following is a list of selected features and services offered through SPP. These features, and eligibility requirements, may vary depending on the region and are subject to modification at the discretion of Seagate.
Quarterly Evaluation Programme: This programme is only available to SPP members and may vary by region. This programme may not be offered every quarter. End users are not eligible to participate in this programme.
Quarterly Training Events: Training events may vary by region and type. Training events may consist of instructor-led training, teleconferences or net seminars. You must be an SPP member to attend. Certain events may be by invitation only.
Specific Promotions: Eligibility will be determined on a programme-by-programme basis.
eTools: These online tools are designed to assist members in the development of advertisements and catalogue pages and are open to all members. Online tools may not be available in all regions.
Seagate Services: Commissions will be paid to SPP members for each qualified revenue transaction per the specified terms and conditions of each service offering.
SPP Premier Programme The SPP Premier Programme provides additional incentives and benefits for valued partners who meet membership criteria determined by Seagate. Seagate has the right to make final determination of SPP Premier status at its sole discretion. For more information regarding the SPP Premier programme, please contact your Seagate sales representative.
Advanced Replacement Option (ARO) Certain SPP members may be eligible for ARO. If you are eligible to participate in an ARO programme, you authorise Seagate to charge your credit card or debit amounts owed to you, as applicable, for products not returned within 30 days of request, or for products not otherwise returned in compliance with the ARO programme.
Additional Incentives and Programmes: Additional incentives and programmes may be available to SPP members and eligibility may vary by region. Terms and conditions for additional incentives and programmes are subject to any existing terms and conditions you may have with Seagate. Distributors, key channel integrator (KCI) customers, direct marketer (DM) customers, direct pricing programme (DPP) participants, or any other party who receives rebates through another Seagate programme may not be eligible. Eligibility will be determined at Seagate’s sole discretion. End users are not eligible.
All features, programmes and services offered through SPP are provided to members for the purpose of promoting Seagate products and fostering product growth; accordingly, such features, programmes and services, and any information and material offered in connection therewith, should only be used to promote Seagate products. Additional terms, conditions and restrictions may apply to all features, programmes and services.
Termination
We reserve the right to terminate your membership or your participation in all or some of the programmes or services of SPP for any reason without notification. We may, at our sole discretion and at any time, modify or terminate SPP or any programmes or services offered through SPP.
Intellectual Property
All right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in or practised in connection with SPP (“Seagate Intellectual Property Rights”) are owned by Seagate Technology LLC, its parent, subsidiaries or one of its affiliated companies (collectively, “Seagate Entities”), or its licensors, and you agree to make no claim of interest in or ownership of any such Seagate Intellectual Property Rights. Without limiting the generality of the foregoing, you acknowledge and agree that the trademarks, logos and service marks, whether registered or unregistered (collectively, the “Trademarks”) used in connection with SPP, including “Seagate”, “Seagate Technology” and “Seagate Partner Programme”, are Trademarks of Seagate Entities or third parties. Nothing referenced in or obtained through SPP should be construed as granting by implication, estoppel or otherwise, any licence or right to use any such Trademarks without our written consent and/or the consent of such third party that owns the Trademarks.
NO WARRANTIES
THE INFORMATION, MATERIAL AND SERVICES PROVIDED THROUGH SPP ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND COMPLETENESS IS WITH THE USERS. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, THAT ANY INFORMATION, MATERIAL OR SERVICE PROVIDED THROUGH SPP IS MERCHANTABLE, ACCURATE, COMPLETE OR ERROR-FREE, THAT SUCH INFORMATION, MATERIAL OR SERVICE WILL FULFIL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION, MATERIAL OR SERVICE DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS RELATING TO ANY INFORMATION, MATERIAL OR SERVICE PROVIDED THROUGH SPP.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER SEAGATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING SPP WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITY), HOWEVER CAUSED, ARISING OUT OF YOUR PARTICIPATION IN SPP OR YOUR USE OF, OR RELIANCE ON, ANY INFORMATION, MATERIAL OR SERVICES PROVIDED THROUGH SPP, EVEN IF SEAGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Release of Liability
You agree to release, discharge, indemnify and hold harmless the Seagate Entities and their advertising and promotions agencies, and each of their respective officers, directors, employees, representatives, contractors and agents from and against any claims, damages, expenses and liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your participation in SPP or using any features or services offered through SPP.
Governing Law/Dispute Resolution
SPP is maintained, controlled, operated and administered by Seagate from within the United States of America (USA). Seagate makes no representation that SPP or any features or services offered through SPP are appropriate for use at locations outside the USA. Participation in SPP (or in any programme or service offered through SPP) from countries where such participation is illegal is prohibited. If you participate in SPP from a location outside the USA, you are responsible for compliance with all local laws and USA export control laws. These terms and your participation in SPP are governed by the laws of the USA and the State of California, without regard to conflict of laws rules. Seagate will consider any claim or dispute regarding the application of these terms in good faith, but its determination in any such case is final, absent manifest error or bad faith. This being said, any dispute arising out of these terms will be submitted to mediation before an agreed mediator from Judicial Arbitration and Mediation Services (“JAMS”) or its successor at a JAMS facility in Santa Clara County, California, USA, to whose jurisdiction the parties consent.
General
Any failure by us to enforce any of our rights under these terms or applicable laws shall not constitute a waiver of such right. If any provision of these terms is found to be invalid, you and we shall endeavour to give effect to the intent reflected in that provision, and the remaining terms shall retain their full force and effect.
You agree to follow and comply with any applicable laws in your participation in SPP.
Last Updated: 5 December 2008
©2013 Seagate Technology LLC