Z-COMMUNITY TERMS OF SERVICE Last updated June 13, 2017
The Z-Community at community.zscaler.com and all associated websites in locations around the world, and all content available at or through these websites (taken together, the “Website”) are owned and operated by Zscaler, Inc. (“Zscaler”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website. If these terms and conditions are considered an offer by Zscaler, acceptance is expressly limited to these terms of service.
1. Terms and Conditions
This Agreement does not govern Zscaler products and services. Zscaler product and services are covered by the agreements pursuant to which they are provided, and nothing on this Website should be construed to modify, amend or supersede those agreements. The materials on this Website with respect to products and services may be out of date, and Zscaler makes no commitment to update the materials on the Website with respect to the products and services.
Zscaler reserves the right, at its sole discretion, to change, add, remove or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of and agreement to those changes. Zscaler may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Website is not available to minors under the age of 13 or to any users suspended or removed from the Z Community by Zscaler for any reason. You represent and warrant that you are 13 years of age or older. Minors under 13 are not permitted to create an account, even if such minor’s parents, guardian or other authorized adult has authorized such minor to do so. If you are over 13 years old but have not yet reached the age of majority, you must have your parent or guardian’s permissions to post to the Site. Zscaler may delete an account and your access may be terminated without warning if Zscaler believes that the user is underage or has been suspended or removed from the system.
4. Z-Community Accounts
You agree not to use the account, username or password of another user at any time. If you create an account on the Website, you agree to (a) provide true, accurate, current and complete information about yourself when creating an account and in any other communications or materials relating to your identification and authorization as a user (such information being “Account Information Data”), and (b) maintain and promptly update your Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Zscaler has reasonable grounds to suspect that the information you have provided is untrue, inaccurate, not current or incomplete, Zscaler may suspend or terminate your account and deny you any and all current or future use of the Website or any portion thereof. You are responsible for maintaining the confidentiality of your password and the security of your account and you are fully responsible for all activities that occur under the account. You agree to exit your account at the end of each session. You must immediately notify Zscaler of any unauthorized uses of your account or any other breaches of security. Zscaler will not be liable for any acts or omissions by you, including any damages, losses or liabilities of any kind incurred as a result of such acts or omissions. You may not transfer your account to another person or create an account on behalf of another person (other than your employer).
By creating an account and using this Website, you acknowledge that your user name will be visible to other users of this Website. If you do not wish your email address or other personal information be visible to other users, do not use such information as your user name. You also agree that Zscaler may contact you via e-mail or otherwise with information relevant to your use of the Website.
If you wish to terminate your Z-Community account and this Agreement, you may simply discontinue using the Website. Zscaler may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. This Agreement covers all of your visits to and use of the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination and remain in effect, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, even if you stop using or visiting the Website.
6. Licenses and Use Restrictions
So long as you comply with this Agreement, Zscaler grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. All Zscaler content on the Website, including but not limited to text, graphics, user interfaces, visual interfaces, code, logos, trademarks, design, structure, selection, coordination, expression, look and feel and arrangement of the Website (collectively “Zscaler Content”) is owned, controlled or licensed by or to Zscaler, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and laws. Except as set forth above, nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any intellectual property right of Zscaler or any third party. All licenses not expressly granted by Zscaler are reserved.
Note that use of the Website is not intended to be a substitute for Zscaler technical support. If you need help using Zscaler products or services, please contact your Zscaler technical support representative through applicable product or service.
In addition, Zscaler provides access to Zscaler international data and, therefore, the Z-Community may contain references or cross references to Zscaler products, programs and services that are not announced in your country. Such reference does not imply that Zscaler in your country intends to announce such products, programs or services.
Except as expressly provided in this Agreement, no part of this Website and no Zscaler Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Zscaler express prior written consent. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Zscaler server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means. You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Website or any Zscaler Content, or in any way reproduce or circumvent the navigational structure or presentation of this Website or any Zscaler Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Website. Zscaler reserves the right to bar any such activity. You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Zscaler, including any Zscaler account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Zscaler systems or networks, or any systems or networks connected to the Website or to Zscaler. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other persons use of the Website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Zscaler on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website in any manner inconsistent with applicable law or for any illegal purpose, including but not limited to conspiring to violate laws or regulations. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct (including codes imposed by your employer) regarding online behavior and acceptable content. Additionally, you agree to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Zscaler reserves the right to investigate and take appropriate action against anyone who, in Zscaler’s sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities. Use of the Services is void where prohibited.
You may not use the Website to advertise, promote, endorse or market, directly or indirectly, any products, services, solutions or other technologies that, in Zscaler’s sole and absolute discretion, compete with the products, services, solutions or technologies of Zscaler.
Z-Community is designed for you to contribute content, post material to the Website, post links on the Website, and participate in discussion threads and other forums (“Contributions”). Zscaler strives to create a positive experience for all Z-Community members. We ask all members to be considerate, respectful, and productive with their Contributions as well as in their interactions with others in the community. Moreover, please resolve conflicts and differences of opinion with other members constructively. If you have questions on how to come to a resolution please flag the posting for a Zscaler moderator for guidance. You agree to use Z-Community only to send and receive information and materials that are proper and related to the content of Z-Community. Please stay on topics that are relevant to the purpose. We will edit or remove any posting we consider to be a violation of this Agreement or that we deem inappropriate.
You are solely responsible for all Contributions, whether publicly posted or privately transmitted, that you make available on the Z-Community, and for any harm resulting from your Contributions. That is the case regardless of whether the Contribution in question constitutes text, graphics, an audio file, or computer software. By making Contributions, you represent and warrant that:
- The uploading, downloading, copying and use of the Contributions do and will not infringe, misappropriate or violate the proprietary rights, including but not limited to the intellectual property, publicity or privacy rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Contributions, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Contributions;
- You have fully complied with any third-party licenses relating to the Contributions, and have done all things necessary to successfully pass through to end users any required terms;
- The Contributions do not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive code or other content, or anything that disrupts or interferes with the Website;
- The Contributions are not spam, machine- or randomly-generated, and do not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing), and they are not named in a manner that misleads your readers into thinking that you are another person or company;
- The Contributions are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- You have, in the case of Contributions that include computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Zscaler or otherwise; and
- The Contributions do not contain any content that is discriminatory or promotes discrimination or disparages or humiliates an individual or group of people on the basis of the individual’s or group’s race, ethnicity, or ethnic origin, nationality, religion, disability, age, veteran status, sexual orientation, gender identity, or other characteristic associated with systematic discrimination or marginalization, or that is gratuitously incendiary, inflammatory, or demeaning (for example, content that uses gratuitously disrespectful language that shames or insults an individual or group).
- The Contributions are not pornographic, do not contain content or images containing nudity, or materials that may be deemed obscene or lewd;
- The Contributions are not excessively violent or harassing, and do not contain threats or incite violence;
- The Contributions do not contain anything unlawful or libelous, and do not violate the privacy or publicity rights of any third party;
- The Contributions do not contain Information prohibited from disclosure under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- The Contributions do not contain any information or data that misrepresents the identity, characteristics or qualifications of you or any other person, including but not limited to the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present;
- The Contributions may not contain any unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” “pyramid schemes” or any similar form of solicitation. This prohibition includes but is not limited to (a) using invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using the Website to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and © sending messages to distribution lists, newsgroup aliases, or group aliases for purposes of spamming;
- The Contributions do not contain untrue, inaccurate, out-of-date, incomplete or misleading information;
- The Contributions do contain any other content that, in Zscaler’s sole discretion, undermines the purpose of the Website or otherwise reflects unfavorably upon Zscaler, its partners, affiliates or customers.
You are responsible for the use by third parties of any personal information disclosed by you to the Z-Community Community, whether or not such use was permitted by you. You agree to indemnify, defend and hold harmless Zscaler and Zscaler’s hosted service provider from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by Zscaler and/or Civilized Discourse Construction Kit, Inc. in connection with any claim, including any liability or expense arising from all claims of every kind and nature arising out of such disclosure, solicitation, or use.
Zscaler does not endorse and has no control over what users post or submit to the Website. Zscaler has the right, but is not obligated, to monitor or review any areas of the Website where Contributions are made available. If at any time Zscaler chooses, in its sole discretion, to monitor or edit the Website, Zscaler nonetheless assumes no responsibility for anything submitted by users, no obligation to modify or remove any inappropriate materials or information and no responsibility for the conduct of any user. However, Zscaler reserves the right, in its sole discretion, to reject, refuse to post or remove any account, posting or other data, or to restrict, suspend, or terminate any user’s access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. You agree that Zscaler has no liability whatsoever if it Zscaler refuses to post your submissions or edits, restricts or removes your submissions. Zscaler reserves the right, in its sole discretion, to move, hide or remove any Contributions for any reason or no reason, including any Contributions which it considers in its absolute discretion to be objectionable, offensive, illegal or otherwise in breach of this Agreement. You understand that no copies of Contributions that are deleted will be accessible, viewable or downloadable by you or any other user following such deletion. Accordingly, you must retain a copy of any Contributions uploaded by you if you want to access or use such Contributions in the future. Zscaler shall not be required to provide any notice of any such deletion, nor be liable for any failure to do so, nor be liable in connection with any deletion of Contributions. To the fullest extent permitted by applicable law, Zscaler will have no liability or responsibility for or related to Contributions, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise, nor for any claims, damages, or losses resulting from its use, appearance on, deletion from, or other removal from any Website.
Be advised that other users may violate one or more of the above prohibitions, but Zscaler assumes no responsibility or liability. If you become aware of misuse of the Website by any person, please contact Z-Community@Zscaler.com. Zscaler may investigate any complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Zscaler be liable in any way for any Contributions on the Website, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Website. If at any time you are not happy with the Website or object to any material on the Website, your sole remedy is to cease using the Website.
8. Contributions License
Zscaler does not claim any ownership rights in any text, files, images, photos, video, sounds, works of authorship or other materials that users upload to or transmit through the Website. However, by uploading Contributions to the Website, transmitting Contributions using the Website or otherwise providing Contributions to Zscaler, you grant to Zscaler a world-wide, royalty-free, sub-licensable, perpetual, irrevocable license to reproduce, use, disclose, make available to the public, publish, publicly display and perform, modify, adapt and make derivative works of, transmit, transfer, distribute and exercise all copyright and publicity rights with respect to, your Contributions and communications through the Website. If you do not want to grant to Apple the rights set out above, do not post your Contribution to the Website. Zscaler may retain and use Contributions, comments, ideas, suggestions, data, or any other information you provide, for any purpose and without any further consent, notice, or compensation to you or to any third parties. You also agree that any other user of this Website may access, view, store or reproduce your Contributions for such user’s personal use or otherwise in connection with use of the Website and/or Services.
9. Responsibility of Website Visitors
Zscaler has not reviewed, and cannot review, all of the Contributions, including software, posted to the Website, and therefore is not responsible for a Contribution’s content, use or effects. By operating the Website, Zscaler does not represent or imply that it endorses the Contributions posted, or that such material is accurate, complete, current, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from malware, viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes, misappropriates or violates the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Zscaler disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted on the Website.
10. Content Posted on Other Websites
This Website may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our users and visitors. Such Linked Websites are not under Zscaler control, and Zscaler is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on those Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Zscaler disclaims any responsibility for any harm resulting from your use of Linked Websites and webpages.
11. Copyright Infringement and DMCA Policy
As Zscaler asks others to respect its intellectual property rights, it respects the intellectual property rights of others. Zscaler’s policy is to respond promptly to claims of intellectual property misuse. If you believe that material located on or linked to by community.zscaler.com violates your copyright, you are encouraged to notify Zscaler in writing. After receiving a claim of infringement, Zscaler will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Zscaler will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Zscaler will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Zscaler or others. Without limiting the foregoing, if you believe that your copyright has been infringed, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Zscaler’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Zscaler Systems, Inc., 110 Rose Orchard Way, San Jose, CA 95134; Attn: Copyright Agent; and email: DMCAagent@Zscaler.com.
12. Violation of this Agreement
You agree that Zscaler may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if Zscaler determines that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Website.
You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to Zscaler, for which monetary damages would be inadequate, and you consent to Zscaler obtaining any injunctive or equitable relief that Zscaler deems necessary or appropriate in such circumstances without requiring a bond or proof regarding the inadequacy of damages. These remedies are in addition to any other remedies Zscaler may have at law or in equity. If Zscaler does take any legal action against you as a result of your violation of this Agreement, Zscaler will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Zscaler. You agree that Zscaler will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of this Agreement.
13. Permitted Actions by Zscaler
Zscaler retains the right to take any of the following actions, in our sole discretion, at any time and for any reason without prior notice:
- Restrict, suspend, or terminate your access to all or any part of Z-Community;
- Change, suspend, or discontinue all or any part of Z-Community;
- Refuse, move, or remove any material that you submit to Z-Community for any reason;
- Refuse, move, or remove any content that is available on Z-Community;
- Establish general practices and limits concerning use of Z-Community.
Zscaler will not be liable to you or any third party for taking any of these actions.
Zscaler may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Zscaler’s rights or property, or the rights or property of visitors to or users of the Website, including Zscaler customers. Zscaler reserves the right at all times to disclose any information that Zscaler deems necessary to comply with any applicable law, regulation, legal process or governmental request. Zscaler also may disclose your information when Zscaler determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Zscaler may preserve any transmittal or communication by you with Zscaler through the Website or any service offered on or through the Website, and may also disclose such information if required to do so by law or Zscaler determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Zscaler, its employees, users of or visitors to the Website, and the public.
14. Intellectual Property
This Agreement does not transfer from Zscaler to you (or your employer, if applicable) any Zscaler or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Zscaler. Zscaler, SHIFT, Direct-to-Cloud, and ZPA and any other names or marks that are identified as owned by Zscaler are trademarks or registered trademarks of Zscaler. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Zscaler or third-party trademarks. You agree that you have no rights, title, or interest in or to the trademarks and that you will not adopt, use, or attempt to register any of the names or marks or any confusingly similar mark.
Zscaler reserves the right to display advertisements on the Website. users are not allowed to post any competitive offers or advertisements. Zscaler reserves the right to modify and/or delete any post that has such advertisements.
The Website and all content is provided “as is” and “as available” with all faults, and Zscaler shall have no responsibility for any losses, liabilities or damages resulting from use of the Website, any user content posted on or through the Website, or from the reliance or conduct of any users, whether online or offline. Zscaler and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, any warranty of noninfringement, accuracy, completeness and currency, and the implied warranties of merchantability and fitness for a particular purpose. Neither Zscaler nor its suppliers and licensors, makes any warranty that the Website will be error free or that access will be continuous or uninterrupted. Zscaler is not responsible for any third-party information or content posted on the Website. Zscaler makes no, and disclaims any, representations or warranties about (1) the suitability of the information contained on the Website for any audience or purpose; or (2) the legitimacy, legality, validity, reliability, quality, accuracy, completeness or currency of the information. Zscaler is not responsible for retention of any user information, content or communications. You understand that you use of, download from, and otherwise obtaining content or services through, the Website is at your own discretion and risk. Zscaler assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any user communication. Zscaler is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from using the Website. The Website may contain links to third party websites. Zscaler is not responsible for any content, messages or information on such websites. Third party websites are in no way investigated, monitored or checked by Zscaler. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Zscaler. When you access these third-party sites, you do so at your own risk.
17. Limitation of Liability
In no event will Zscaler or its affiliates, its suppliers or licensors, or anyone else who has been involved in the creation, production or delivery of the Z-Community and content, or their respective directors, officers, employees, agents or representatives, be liable with respect to any subject matter of this Agreement or arising out of your use or inability to access or use this Website, under any contract, tort, negligence, strict liability or other legal or equitable theory for any: (i) incidental, consequential, special or indirect damages, including without limitation, loss revenue or anticipated profits, loss of goodwill, the cost of procurement for substitute products or services (even if advised of the possibility of such damages); or (ii) computer failure or malfunction, interruption of use or loss or corruption of data, or any other damages or losses that result from mistakes, omissions, interruptions, deletions of content, errors, defects, viruses, delays in operation or transmission or failure of performance. If, notwithstanding the other provisions of this Agreement, Zscaler is found to be liable to you for any damage or loss which arises out of or is in any way connected with this Agreement or your use of the Website or any content, Zscaler’s liability shall in no event exceed US100.00. This limitation of liability is cumulative and not per incident. In no event may an action be brought against Zscaler more than one year after the underlying events that give rise to the cause of action occur. The foregoing shall not apply to the extent prohibited by applicable law.
18. Release and Waiver
You hereby agree to release, and waive all claims against Zscaler, its affiliates, licensors, suppliers or anyone else contributing to Z-Community from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of Z-Community.
19. Representation and Warranty
You agree to indemnify and hold harmless Zscaler, its affiliates, suppliers and licensors, and their respective directors, officers, employees, agents and representatives, from and against any and all claims, damages, losses, liabilities, costs and expenses, including attorneys’ fees, arising out of your violation of this Agreement or the rights of any other person or entity, and your use of the Website, including but not limited to any content you submit, post, email or otherwise transmit to the Website. You agree to cooperate as reasonably required in the defense of any claim.
21. Dispute Resolution
Except to the extent prohibited or limited by applicable law, you agree that all matters relating to this Agreement and your access to or use of the Website, including all disputes, will be governed by the laws of the United States and the State of California, excluding and without regard to its conflicts of law provisions.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond or having to prove the inadequacy of damages), in the event of any controversy or dispute between Zscaler and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties shall submit such controversy or dispute to single-mediator mediation in San Jose, California in accordance with the Comprehensive Mediation Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) and share the costs of mediation equally.
If the dispute cannot be resolved through mediation, then the dispute shall be finally settled in accordance with the Comprehensive Arbitration Rules of JAMS by one arbitrator appointed in accordance with such rules in English in San Jose, California, and the arbitral decision may be enforced in any court. Except to the extent prohibited or limited by applicable law, you agree to the exclusive personal jurisdiction and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under this Agreement must be brought within the earlier of one (1) year after the events giving rise to the cause of action occur, or such claim or cause of action is barred. Any claim shall be arbitrated or adjudicated on an individual basis, and shall not be consolidated in any arbitration or lawsuit with any claim or controversy of any other party. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
You are solely responsible for your interactions with other users. Zscaler reserves the right, but has no obligation, to monitor and moderate disputes between you and other users.
This Agreement constitutes the entire agreement between you and Zscaler with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Zscaler with respect to such use are hereby superseded and cancelled. This Agreement may only be modified by Zscaler posting of a revised version. Zscaler shall have no liability for any failure or delay due to matters beyond its reasonable control. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the original intent, and the remaining portions will remain in full force and effect. A waiver by Zscaler of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Zscaler’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Zscaler of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Zscaler and you or any other party be deemed to modify any provision of this Agreement. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties. You may not use the Website or use or export or re-export any Content or any copy or adaptation of such Content, offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.