Gigamon Community Terms of Use

By registering and participating in the Gigamon Community, you agree to abide by these Terms of Use (TOU), as well as all other terms, conditions, policies and notices displayed on the Gigamon Community The Gigamon Community consists of the Community Forum[1] and the My Gigamon portal[2] and it is operated by Gigamon Inc. (GIMO). The My Gigamon portal may be accessed only by registered customers. Throughout these TOU, the terms "we," "us" and "our" refer to GIMO, and the Gigamon Community, and “you” refers to you as an individual user of the Gigamon Community.   The Gigamon Community is intended to provide GIMO users, guests and customers knowledge to help them understand how to use, operate, and optimize GIMO products and solutions. Further, the Gigamon Community allows users and customers to collaborate with each other and with GIMO employees and partners.   

1. Accuracy, Completeness and Timeliness of Information on the Gigamon Community GIMO is not responsible if information made available on the Community is not accurate, complete or current. The material on the Community is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting other sources of information. The Community may contain certain historical information which may not be current and is provided for your reference only. We reserve the right to modify the contents of the Community at any time, but we have no obligation to update any information on the Community. You agree that it is your responsibility to monitor changes to the Community. GIMO neither warrants nor represents that your use of materials on the Community are accurate, complete or adequate or will not infringe rights of third parties not affiliated with GIMO.  

2. Accounts and Use of the Community The Community requires you to open an account. Please complete the registration process by providing us current, complete and accurate information. If you are part of an organization (or other entity), we ask that your account used for work purposes related to the email domain from your company or organization. Please do not select a Community user name or identifier that is vulgar, offensive, impersonates a third party, is illegal, or protected by proprietary rights you do not hold. We reserve the right to reject user names in our sole discretion, and to terminate your account or remove content on the Community. As the user of the Community, you are responsible for all activities that occur under your account. You must also maintain in confidence all passwords and other credentials associated with your use of the Community. Promptly notify us if you suspect that your account is or has been misused, or to report any other security incident relating to your account. If you need to delete any information in your account, send your request to: privacy@gigamon.com.

3. Submissions As used in these TOU, “submission” means information, content, code, comments, feedback, suggestions or other materials that you provide through your use of the Community. We do not claim ownership of any submission, unless otherwise agreed by you and us. However, by providing a submission, you grant GIMO and its affiliates an unrestricted, nonexclusive, royalty free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such submission throughout the world in any media. This license includes rights to grant the general public the right to use your submission in accordance with these TOU. If you provide any feedback to us concerning the functionality and performance of the Products (including identifying potential errors, enhancements and improvements) (“Feedback”), you hereby assign to us all right, title and interest in and to the Feedback. We may use the Feedback without any payment or restriction.  These rights are granted under all applicable intellectual property rights you own or control. No compensation will be paid with respect to the use of your submissions. GIMO is under no obligation to post or use any submission and may remove your submissions at any time. By providing a submission you warrant that you own or otherwise control all of the rights to your submission and that your submission is not subject to any rights of a third party (including any personality or publicity rights of any person). Your submissions must not (i) be confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable; (ii) constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You grant GIMO and its affiliates the right to use the name and email address you submit in connection with submissions (including, by way of example, responding to your posts or replies), if we so choose. Except as provided in this Section 3, all personal information provided via the Community will be handled in accordance with the GIMO Privacy Policy.

4. Use of Materials on the Community Except as provided in these TOU, all content on the Community (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by GIMO and, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You agree to follow all instructions provided herein limiting the way you may use the content. You may not use contact information provided on the Community for unauthorized purposes, including marketing. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, GIMO is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

 5. Links This Community may contain links to other Internet sites on the World Wide Web. GIMO provides such links for your convenience only and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that GIMO approves of, endorses, or recommends that website. GIMO disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website

6. DISCLAIMERS YOUR USE OF THIS COMMUNITY IS AT YOUR OWN RISK. THE  COMMUNITY (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE THROUGH THIS SITE) IS PROVIDED "AS-IS"  GIMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE  COMMUNITY ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE  COMMUNITY WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE  COMMUNITY WILL BE SECURE; THAT THE  COMMUNITY OR THE SERVER THAT MAKES THE  COMMUNITY AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE  COMMUNITY WILL BE COMPLETE, ACCURATE OR TIMELY.

7. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE COMMUNITY. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE COMMUNITY MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GIMO NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE  COMMUNITY, OR ANY OTHER  LINK YOU ACCESS THROUGH A LINK FROM THIS  COMMUNITY OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE  COMMUNITY, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE  COMMUNITY, GIMO’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS  COMMUNITY, OR OTHERWISE ARISING OUT OF THE USE OF THE COMMUNITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GIMO, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GIMO IS TO DISCONTINUE YOUR USE OF THE COMMUNITY. YOU AND GIMO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

8. Indemnification You agree to indemnify, defend and hold harmless GIMO and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Community and any violation of these TOU. If you cause a technical disruption of the Community or the systems transmitting the Community to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

9. Jurisdiction and Applicable Law The laws of the State of California govern these TOU and your use of the Community, and you irrevocably consent to the jurisdiction of the courts located in the County of Santa Clara for any action arising out of or relating to these TOU.

10. Changes to These Terms of Use GIMO reserves the right, at its sole discretion, to change, modify, add or remove any portion of these TOU, in whole or in part, at any time, by posting revised terms on the Community. It is your responsibility to check periodically for any changes we make to the TOU. Your continued use of the Community after any changes to the TOU or other policies means you accept the changes.

11. Severability If any provision of these TOU is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

12. Entire Agreement and Admissibility These TOU and any guidelines referred to here or posted on the Community constitute the entire agreement and understanding between you and GIMO with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

13. How to Contact Us If you have any questions or comments about these TOU or the Community, please contact us by: Email:community@gigamon.com Postal mail: Gigamon Inc., 3300 Olcott Street, Santa Clara, CA 95054.

Gigamon Commuity

DCMA Notice & Takedown

Just as Gigamon Inc. (“Gigamon”) requires users of our Gigamon Community to respect our copyrights and those of our affiliates, licensors and business partners, we respect the copyrights of others. To that end, we have adopted this Copyright Policy in accordance with the Digital Millennium Copyright Act (“Copyright Act”) (17 U.S.C. 512 et seq.).

Gigamon’s designated agent for the receipt of notification of any claimed copyright infringement (the “Designated Agent”) is identified by name and contact information below. Upon Designated Agent’s receipt of proper notice of an alleged copyright infringement, or if Gigamon otherwise comes to believe in good faith that any specific content, including user generated content on the Gigamon Community, contains material that infringes copyright (“Disputed Content”), Gigamon may (1) promptly remove or block access to the Disputed Content and/or (2) deny access to the Gigamon Community to users that repeatedly violate copyright or other intellectual property rights.  Gigamon will take reasonable steps to notify a user who has uploaded Disputed Content, if that Disputed Content is subsequently removed or disabled.

Procedure for Reporting Copyright Infringement:

If you believe in good faith that your copyrighted work has been reproduced on the Gigamon Community without authorization in a way that constitutes copyright infringement, you or a person authorized to act on your behalf may notify our Designated Agent:

Anthony Kim
Legal Department
Gigamon Inc.
3300 Olcott Street
Santa Clara, CA 95054
By phone: 408-831-4000
By email: legal@gigamon.com

Pursuant to federal law, your notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that you allege is being infringed;
2. Identification of the copyrighted work you claim has been infringed, or, if multiple copyrighted works on the Gigamon Community are included in a single notification, a representative list of all those works on the Gigamon Community;
3. 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;
4. Your contact information, including address, telephone number, and, if available, email address;
5. A statement that you have 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.
6. A statement made under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right under the Copyright Act that is allegedly infringed.

Procedure for Supplying a Counter-Notice Regarding Alleged Copyright Infringement:

If you are the provider of the Disputed Content and believe a copyright infringement notice has been wrongly submitted against you as a result of a mistake or a misidentification of the claimed copyrighted material, you may send a counter-notification to our Designated Agent (whose address is included in Paragraph 1 above). The counter notification must provide the following information:

1. Physical or electronic signature of the subscriber;
2. Identification of the Disputed Content that has been removed or to which access has been disabled, and the location where the Disputed Content appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you believe in good faith that the Disputed Content was removed or disabled as a result of mistake or misidentification;
4. Your name, address, telephone number and, if available, email address; and
5. A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, or if your address is outside of the United States, for any judicial district in which Gigamon is located, and that you will accept service of process from the person who provided notification or an agent of such person.

If our Designated Agent receives a counter-notice from you, Gigamon will send a copy of it to the original complaining party informing that person or entity that Gigamon may replace the removed Disputed Content or cease disabling access to it. Please note that when we forward the counter-notice, it includes your personal information. By submitting a counter-notice, you consent to having your information revealed in this way. We will not forward the counter-notice to any party other than the complaining party.

Unless the Designated Agent receives notice from the original complaining party that the original complaining party has filed an action seeking a court order to restrain the user who posted the Disputed Content from engaging in infringing activity relating to the Disputed Content on the Gigamon Community, Gigamon will replace or restore access to the Disputed Content on the Gigamon Community or permit the user to re-post the Disputed Content.

[1] The Community Forum, includes but is not limited to, questions & answers, comments, knowledge based articles, groups, training and certification content and other member posts.

[2] The My Gigamon Portal, includes but is not limited to, case management, asset information, software downloads, product announcements, technical documentation and feature enhancements.