NETGEAR Terms and Conditions
These Terms and Conditions are between you (“You” or “User”) and NETGEAR International Limited, a company registered under the laws of Ireland, whose contact details are the following:
Online-Shop Nummer: +49 800 7575777
Online-Shop E-Mail: storede@netgear.com
Technical Support: +43 800 803507
Support-E-Mail: customer.service@netgear.com
These Terms and Conditions concern Your purchase and use of (including any access to) devices or services (including software included in Your device at the time of purchase), and other information and materials provided on or in connection with such devices or services, including firmware, documentation, graphics, illustrations, pictures, photographs, audio, and videos (individually and collectively, the “Product” or “Products”) provided by NETGEAR, Inc., its subsidiaries and affiliates (collectively, “NETGEAR” or “Company”). In some instances, both these Terms and Conditions and separate terms will apply to Your use of the Product (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR ARMOR
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR PROSUPPORT FOR HOME
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR GEARHEAD FOR HOME
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR MEURAL CANVAS EXTENDED WARRANTY
ADDITIONAL TERMS FOR NETGEAR E-STORE
Your consent to these Terms and Conditions is required in order to purchase Your NETGEAR Product.
IF YOU SIGN UP FOR ANY NETGEAR SUBSCRIPTION SERVICES, YOU FURTHER AGREE, AS DESCRIBED IN SECTION 6.4, THAT YOUR SUBSCRIPTION MAY AUTOMATICALLY RENEW FOR THE SAME APPLICABLE TERM AND PRICE, UNTIL YOU CANCEL.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
1.1 By using the Product, You affirm that You are of legal age to enter into these Terms and Conditions. You may not use the Product if You are a: (a) person who is not of legal age or otherwise not entitled to form a binding contract with NETGEAR, or (b) person who is barred from receiving the Product under the laws of any country including the country in which You are a resident or from which You are using the Product.
1.2 If You are an individual accessing or using the Product on behalf of, or for the benefit of, any corporation, partnership or other entity with which You are associated (an “Organization”), then You are agreeing to these Terms and Conditions on behalf of Yourself and such Organization, and You represent and warrant that You have the legal authority to bind such Organization to these Terms and Conditions. References to “You” and “Your” in these Terms and Conditions will refer to both the individual using the Services and to any such Organization.
2. INFORMAL DISPUTE RESOLUTION
2.1 NETGEAR would like an opportunity to address Your concerns without a formal legal case. Before filing a claim against NETGEAR, You may, but You are not obliged to, try to resolve the dispute informally by contacting legal@netgear.com . NETGEAR will try to resolve the dispute informally by contacting You in writing via email.
2.2 Consumer information in accordance with Regulation EU No. 524/2013: The European Commission provides an Online Dispute Resolution (ODR) platform. The platform can be found at http://ec.europa.eu/consumers/odr/.
Consumer information in accordance with the German Consumer Dispute Resolution Act: NETGEAR is not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
3. CHANGES TO THE TERMS AND CONDITIONS
3.1 NETGEAR works constantly to improve its Products. In order to do so, NETGEAR reserves the right to make any changes and improvements to these Terms and Conditions linked to technical developments of the Products. NETGEAR is committed to ensuring that this does not result in price increases, quality loss or substantial changes in performance of the Product. NETGEAR will inform You of such changes and improvements without undue delay and, in any event, before they become effective.
3.2 NETGEAR may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time, provided that each such modification will only apply to future purchases and will not affect Your ongoing use of a NETGEAR Product.
4. SUBSCRIPTION SERVICES
4.1 Subscriptions. NETGEAR offers certain Products on a subscription basis (“Subscription Services” or “Services”).
(a) Your subscription period is stated in Your subscription plan, and Your subscription fee will cover the Services and content covered in Your subscription plan. Your subscription may either be made:
• on a fixed-term basis (“Fixed-Term Subscription”): in this case, the commitment period will be specified to You before You subscribe and will in any case not exceed 24 months. The Fixed-Term Subscription may either be paid monthly or prepaid; or,
• on a monthly basis (“Month-to-month Subscription”).
(b) A welcome email confirming subscription and containing all the information concerning the details of Your subscription plan (including the duration of the commitment period, if any), as well as a copy of these Terms and Conditions, will be sent automatically at the address provided by You after validation of the subscription process.
(c) Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement, for example if You exercise Your right of withdrawal subject to the below provisions, or if You terminate the subscription due to of a breach of NETGEAR’s obligations under these Terms and Conditions.
(d) As part of Your Subscription Services, NETGEAR may offer additional digital content for purchase (“Purchased Content”). You may cancel an order for Purchased Content within 14 days from the date of purchase, except if you requested the provision of the Purchased Content to be made before the expiry of the 14-day withdrawal period and expressly waived your withdrawal right in order to download the Purchased Content, as mentioned in Section 7.
5. CHANGES IN TARIFFS OF THE SUBSCRIPTION SERVICES
5.1 In case of fixed-term subscription, in the event of an increase in the tariffs of the Services applicable at the time of tacit renewal of the fixed-term subscription, NETGEAR will notify You at the email address registered and on Your account, at least one (1) month before the renewal's due date. You will then have the possibility to refuse the renewal of the fixed-term subscription by terminating Your subscription.
5.2 In addition, in case of month-to-month subscription, NETGEAR may change the tariff applicable to the Services. Any price changes will apply to the next billing period, at least thirty (30) days following notice to You. If You do not agree with this change, You may terminate Your subscription.
6. PAYMENT AND AUTOMATIC RENEWAL
General provisions applicable to the purchase of any Product
6.1 Payment. You agree that You will pay for the Products You purchase from NETGEAR, and that NETGEAR (or its third party payment processor) may charge Your credit card or other payment processing account (as chosen by You) for those Products.
(a) The tariffs are specified (i) on the Website (ii) to You before the purchase of the Products, and (iii) after the purchase, in Your confirmation email. Tariffs are indicated inclusive of all taxes and do not include the costs of services subscribed from third parties, in particular internet service providers and/or mobile network services providers. You authorize us (or our third party payment processor) to charge your payment method for the amount corresponding to the offer you selected.
(b) YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING NETGEAR WITH A VALID CREDIT CARD OR OTHER PAYMENT PROCESSING ACCOUNT DETAILS FOR PAYMENT OF ALL FEES.
6.2 Billing Account and Payment Method. You will be asked to provide a payment method at the time You purchase a Product. You can access and change Your billing information and payment method by emailing storede@netgear.com . Additionally, You agree to permit NETGEAR to use any updated account information regarding Your selected payment method provided by Your issuing bank or the applicable payment network. If You want to designate a different payment processing account or if there is a change in Your credit card other payment processing account status, You must change Your information online or by contacting customer support, which may temporarily disrupt Your access to the Products while NETGEAR verifies Your new payment information.
Specific provisions applicable to Subscription Services
6.3 Recurring Payments. You agree that You are authorizing recurring payments, and payments will be made to NETGEAR by the method and at the recurring intervals You have agreed to, until the subscription for that Service is terminated by You or by NETGEAR in the conditions set out in these Terms and Conditions and depending on Your subscription plan. By authorizing recurring payments, You are authorizing NETGEAR to store Your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from Your designated account (for Automated Clearing House or similar payments), or as charges to Your designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period.
6.4 Automatic Renewal and Trials . If Your account is set to automatically renew or is in a trial period, You agree that NETGEAR may charge you automatically at the end of the trial or the renewal, unless You notify NETGEAR in advance that you want to cancel or disable auto-renewal.
You will have the option to cancel your subscription during this delay.
6.5 Automatic Renewal Sign-Up. To sign up for Subscription Services with recurring payments, You must complete the required registration details, and agree that Your subscription may automatically renew for the same applicable term until You cancel:
(a) You will receive an e-mail confirmation of Your auto-renewal once You complete the initial payment process.
(b) You agree that NETGEAR may automatically charge the subscription fee to the credit or charge card provided and associated with Your account at the beginning of each period at the frequency You have selected unless and until You cancel the subscription option.
(c) You must cancel prior to the subscription fee being charged to the credit or charge card. If You signed up at a promotional rate any renewals past the promotional period will be charged at the then effective subscription fee. Access to Your Services will not be established until NETGEAR or its agent has verified that the credit card information is valid, accurate and that Your credit card account is in good standing.
(d) You will receive an e-mail reminder of Your auto-renewal one (1) month prior to any applicable renewal. In case of monthly fixed-term subscription, this email will be sent to you one (1) week prior to any applicable renewal. You will also receive a reminder email a day before Your date of renewal reminding You that Your subscription option will be renewed for an additional period.
6.6 Late Payments. NETGEAR may suspend or terminate Your Services upon rejection of any credit card charges or if Your card issuer (or its agent or affiliate) seeks the return of payments previously made to NETGEAR for the Subscription Services. You agree NETGEAR may charge interest on all amounts due that remain unpaid for thirty (30) days or more. The monthly interest will equal up to one point five percent (1.5%) of the past due amount or the highest rate allowed by law, whichever is less, until the past due amount and interest is paid. Such rights are in addition to and not in lieu of any other legal rights or remedies available to NETGEAR. NETGEAR may refer Your account to a third party for collection in the event of ongoing default.
6.7 Hardware Equipment. If Your Subscription Service includes hardware equipment, You will be charged a non-refundable shipping cost for NETGEAR to ship the equipment to you.
6.8 Reactivation. If for any reason You need to reactivate a terminated Subscription Service, You may be charged a reactivation fee.
7. WITHDRAWAL RIGHT
In addition to your statutory right of withdrawal described in this section, NETGEAR grants you a contractual 30-day right of cancellation. This right of cancellation applies to all NETGEAR products.
In case of purchase of a NETGEAR product:
| Instructions on withdrawal Right of withdrawal |
8. CANCELLATION POLICY AND PROCEDURE
8.1 Cancellation of Your Subscription Services by You.
(a) Cancellation Procedure. You may request termination of Your account and use of the Subscription Services at any time by communicating such request to NETGEAR by emailing storede@netgear.com/.
(b) Refund Policy. Unless otherwise specified in the Additional Terms applicable to Your Services, the following will apply:
Free Trial Period. If You are taking part in any trial-period offer, You must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges. If You do not cancel the trial Service(s) by the end of the trial period, NETGEAR will charge you for the Service(s) and the following conditions will apply depending on the type of subscription.
Fixed-Term Subscription (paid monthly). If You cancel by the end of the trial period, You will not incur any new charges. If You cancel after the trial period, Your Service will continue until the end of that month’s billing period, and You will be charged an early termination fee equal to your monthly subscription rate for each month remaining on your subscription.
Fixed-Term Subscription (prepaid). If You cancel by the end of the trial period, You will not incur any new charges. If You cancel after the trial period, Your payment is non-refundable and Your service will continue until the end of Your contracted term.
Month-to-month Subscription. If You cancel by the end of the trial period, You will not incur any new charges. If You cancel after the trial period, Your payment is non-refundable and Your service will continue until the end of that month’s billing period.
Shipping Charges. Any shipping charges paid in connection with your Service(s) are non-refundable.
8.2 Termination of Your Subscription Services by NETGEAR.
(a) Without limiting the generality of the foregoing, NETGEAR retains the absolute right to immediately disable and/or terminate Your Service at any time (but no sooner than two (2) weeks following a notice addressed to You) if:
i. You are in breach of any of the following provisions of these Subscription Terms:
ii. You have demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with these Subscription Terms or NETGEAR’s Terms and Conditions;
iii. Your subscription charges are refused for any reason;
iv. You misuse the Services;
v. You alter Your system or use the Services or software in such a manner as to infringe upon the intellectual property rights of NETGEAR or any third party;
vi. Any supplier or partner of NETGEAR providing the Services to or together with NETGEAR decide to terminate the provision of the Services or any parts thereof (either worldwide or in the country where You are a resident or from where You are Using the Services) or if any supplier or partner of NETGEAR decides to terminate the entire relationship with NETGEAR and regardless of the reason of such termination, including where any supplier or partner of NETGEAR are of the opinion that the provision of the Services or parts thereof to You or to NETGEAR or together with NETGEAR are no longer commercially feasible;
vii. NETGEAR or any supplier or partner of NETGEAR providing the Services to or together with NETGEAR are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful); or
viii. Required by law.
(b) Upon any such termination of Your account by NETGEAR, You will remain obligated to pay all outstanding fees and charges relating to Your use of the Subscription Services before the effective date of such termination, and NETGEAR will give You a pro-rated refund of any of Your paid for, but unused, Services fees that will remain unused because of NETGEAR’s termination. Termination of the Services may result in the forfeiture and destruction of all information associated with Your membership, including “Content” (i.e., all content that is made available in the Services or accessible as part of or by the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text)).
(c) Hardware Equipment. If Your Subscription Service includes hardware equipment, upon cancellation or termination, you must follow NETGEAR’s instructions in returning the equipment in good condition. If you do not return the equipment within the specified time, you will be charged for the fair market value of the equipment. You may also be required to pay shipping charges associated with the return.
(d) User Content Back-Ups. You are entirely responsible for backing up Your “User Content” (i.e., any information, materials, documents, media files or other content You upload, transmit, create, post, display or otherwise provide on or through the Services) stored with NETGEAR or through the Services to another location outside the Services (e.g., by means of creating local copies or backups with specialized online backup Services) to avoid loss of Your User Content and other data. If NETGEAR disables access to Your Service, You may be prevented from accessing the Services, Your related account details or any files, User Content or products that are stored with the Services. NETGEAR may in its sole discretion, however, allow You to backup Your User Content stored with NETGEAR through the use of the Services. You understand that NETGEAR may delete Your User Content after a reasonable backup period has lapsed (“Backup Grace Period”). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content.
9. CHANGES AND ACCESS TO SUBSCRIPTION SERVICES AND PURCHASED CONTENT
9.1 Changes to Services. NETGEAR works constantly to improve its products. In order to do so, and to the extent possible under the governing law, NETGEAR may at any time and in its sole discretion without prior warning or notice:
(a) change, add, or remove features and functionality of the Services or suspend and/or cease providing the Services or any part of the Services in relation to technical development. If You are dissatisfied with any material changes to the Services during a subscription, You may immediately terminate Your use of the Services and be entitled to a pro-rated refund of any of Your paid for, but unused, subscription. NETGEAR is committed to ensuring that this does not result in price increases, quality loss or substantial changes in performance of the Products;
(b) set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and
(c) pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.
9.2 Purchased Content Back-Ups. You are entirely responsible, in accordance with these Terms and applicable law, for backing up Your Purchased Content to another location outside the Services (e.g., by means of creating local copies or backups with specialized online backup Services) to avoid loss of Your User Purchased Content and other data.
10. PRE-ORDERING NETGEAR PRODUCTS
10.1 Pre-Ordering. NETGEAR offers certain Products available for pre-order. When You pre-order a Product, You agree to pay any amounts and fees NETGEAR may charge you for the Product. Before You are required to make any payment, You will have an opportunity to review and accept the amount that will be charged to You. All payments are in euros. NETGEAR will charge the payment method You specify at the time of your pre-order. You hereby authorize NETGEAR to charge all sums described herein to such payment method. NETGEAR may change the amount required for the Product by posting the changes on the Website. Such changes are only applicable to pre-orders made after their posting.
10.2 Refunds. You can cancel your pre-order any time prior to the time NETGEAR or its affiliate ships Product(s). After the Product(s) have been shipped, NETGEAR has no obligation to provide refunds or credits, but may, grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by NETGEAR. In any case, you can exercise your withdrawal within 30 days from the day You receive the pre-ordered Product(s) in the conditions described in Section 7 above.
11. NETGEAR COMPATIBLE DEVICES
11.1 Use of some of NETGEAR’s Products may require You to use a device that meets certain system and compatibility requirements. NETGEAR reserves the right to change these requirements. Whether a device is compatible also may depend on software or systems provided or maintained by third parties. Accordingly, devices that are compatible at one time may cease to be compatible in the future.
12. ACCESS TO SERVICES.
You are not permitted to use any of the Services (including any attempts to do so) other than through the interface made available to You by NETGEAR and You will not use the Services (including any attempts to do so) through any automated tools (including software and/or hardware), functions, Services or otherwise (including scripts or web crawlers). You may access and use the Services only with a system that is authorized to communicate with the NETGEAR websites. You agree not to tamper with or otherwise modify the Services.
13. REGISTRATION AND ACCOUNT DATA
13.1 Registration. Certain Products or functionality offered on or through the Products may require You to register and open an account (including setting up a User ID and password, and the Registration Data (as described below) (collectively, “Account Data”)). To register, You may be asked to provide the following types of information without limitation (i) Your name, (ii) a system identification number (provided, for example, with certain NETGEAR hardware), if applicable, and (iii) an e-mail address (collectively “Registration Data”). You agree to (i) provide and maintain accurate, complete and up-to-date Registration Data; (ii) protect and prevent unauthorized access to Your account; (iii) not transfer or share your account with any third party; and (iv) notify NETGEAR immediately of any suspected or actual unauthorized use of Your account or breach of security. NETGEAR may terminate Your account if You fail to abide by these ongoing obligations. You agree that NETGEAR may store and use the Account Data You provide for use in maintaining and billing applicable fees to Your account. All information as to the processing of Your Account Data and Registration Data by NETGEAR is provided within NETGEAR privacy policy accessible here: www.netgear.com/at/about/privacy-policy.
13.3 Protection of Account Data.
(a) You agree to notify NETGEAR without undue delay upon becoming aware of any unauthorized use of any of Your Account Data or any other breach of security.
(b) You will keep Your Account Data safe and secure and prevent unauthorized access to Your Account Data and Your account by third parties, in particular by: (i) avoiding obvious User IDs or passwords, (ii) by changing Your password regularly, (iii) by ensuring that You do not disclose Your password(s) or grant any other user or third party access to Your Account Data or Services, and (iv) by ensuring that You exit from Your account at the end of each session.
(c) NETGEAR may regard any instructions to be from You if they are received from or issued by a user or third party using or providing Your Account Data.
(d) You agree not to use any Account Data or Services of any other user or person than Yourself without permission of the user or person holding the respective Service.
(e) You can access and change Your Account Data at any time by accessing the respective NETGEAR Service.
13.5 Data Connections. Some Products may require the use of a broadband Internet connection or a mobile data connection. You are responsible for any Service charges for Your internet connection or data plan incurred as a result of using or accessing the Services. You should be aware that Your network provider may charge You for access to its network, the duration of Your mobile phone’s/ mobile device’s connection to the network and the data volume used to use the Services or products. You are entirely responsible to check with Your network provider whether any such costs may apply before using the Services or products in this respect. You acknowledge and agree that You will be solely responsible for all disputes with any Internet Service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the NETGEAR mobile software applications may incur extra and substantial charges on devices that use a data plan. NETGEAR is not responsible for and does not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.
14. PRIVACY AND PROTECTION OF PERSONAL DATA
14.1 Privacy Policy. By creating a NETGEAR account, You understand and acknowledge NETGEAR’s collection, storage and use of Your Account Data in accordance with NETGEAR’s Privacy Policy at www.netgear.com/at/about/privacy-policy. We encourage You to review the Privacy Policy frequently.
15. CREATING A NETGEAR ACCOUNT
You must be at least eighteen (18) years of age to sign up for A NETGEAR ACCOUNT. NETGEAR does not knowingly collect or solicit personal information from anyone under the age of 18, and NETGEAR does not knowingly allow such persons to SIGN UP FOR A NETGEAR ACCOUNT. If You are under eighteen (18) years, do not attempt to CREATE A NETGEAR ACCOUNT or send any information about Yourself to us without parental consent. No one under eighteen (18) years of age may provide any personal information to NETGEAR without parental consent. If NETGEAR learns that we have collected personal information from somebody under eighteen (18) years of age without verification of parental consent, we will delete such information. If You believe that we have any information from or about a child under eighteen (18) years of age, please contact us at legal@NETGEAR.com.
16. SOFTWARE UPDATES AND UPDATES TO THE PRODUCTS
Software Updates . By using the Product, You agree to receive all Software Updates and upgrades that NETGEAR sends to the software included in the Product. You specifically agree Your Product may: (i) communicate with NETGEAR servers from time to time to automatically check for available updates, such as bug fixes, critical system updates, patches, enhanced functions, upgrades, missing plug-ins and new versions (collectively, “ Software Updates ”) and (ii) install the Software Updates. Such Software Updates may be in various forms and are provided for the purposes of ensuring the conformity of the Product. Some Software Updates may be provided to You for the purpose of improving the performance of the Product; in this case, You will not incur any fees for the implementation of such Software Updates and You have the right to refuse or uninstall them if they have a negative impact on Your access to or Your use of the Product.
17. PROVISION OF THE PRODUCT AND LIMITATIONS ON USAGE
17.1 Product; License. The Product may not be resold, in whole or in part. You may not transfer the Product or the right to receive any related services. You further agree not to misuse the Product, violate the law in connection with the Product, or help anyone else to do so. Subject to Your compliance with these Terms and Conditions, NETGEAR grants You a personal, non-exclusive, non-transferable, limited license to enter and use software provided to you in connection with the Product. Any unauthorized use of the Product for any purpose is prohibited.
17.2 Limitations on Use. Unless otherwise specified in these Terms and Conditions or any applicable Additional Terms, in connection with Your use of the Product, You will:
(a) Not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any of the Product or parts thereof, use of the Product or access to the Product;
(b) Not remove any proprietary notice language corresponding to the Product;
(c) Make no modifications to any such Product, except where such rights cannot be excluded under applicable law;
(d) Not attempt to gain unauthorized access to any portion or feature of the Product, or any other systems or networks connected to the Product or to any NETGEAR server, or to any of the services offered on or through the Product, by hacking or any other illegitimate means;
(e) Not to use the Product to: (i) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or harms minors in any way; (ii) impersonate any person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Product; (iv) upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; (vii) interfere with or disrupt the Products or servers, networks or other equipment connected to the Products (including without limitation denial-of-Service attacks) or disobey any requirements, procedures, policies or regulations of networks connected to the Product; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ and any regulations having the force of law; and (ix) “stalk” or otherwise harass another person;
(f) Comply with and follow instructions made available to You by NETGEAR in connection with the Product;
(g) At all times observe these Terms and Conditions and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Product.
18. NETGEAR PRODUCT LICENSE
18.1 Ownership.
(a) As between You and NETGEAR, NETGEAR owns all right, title and interest in and to the Product, including without limitation all applicable intellectual property rights or other proprietary rights in such Products and in the associated devices, regardless of whether registered/legally secured or not. Except for the rights expressly granted to You in these Terms and Conditions and any Special Terms, NETGEAR retains all rights in or pertaining to the Product.
(b) You may need to use certain software programs to use or have full access to certain features of the Product. You are required to accept and use the software included in the Product at the time of purchase and other software programs that may be delivered to Your Product by NETGEAR from time to time. NETGEAR and its licensors own all right, title, and interest to such software and intellectual property rights in such software. NETGEAR also retains ownership of all NETGEAR copyrights and trademarks (including the NETGEAR Brands). In the case of third-party software delivered by NETGEAR to the Products, the applicable third party retains title to and ownership of its software, copyrights and trademarks.
18.2 License Restrictions. Without limiting Section 16, You are not permitted to:
(a) grant any other user or third party a license to use the Product or otherwise to access Your account;
(b) use the Product to provide the Product or related services to other users or any other third parties;
(c) otherwise assign, grant a sublicense in, or grant a security interest in or over Your account and/or the Product or any rights under it, loan or lease the Your account and/or the Product, or otherwise transfer the Your account and/or the Product or any rights under it to any third party; or
(d) copy, edit, modify, alter or create a derivative work of, reverse engineer, disassemble, decompile, create derivative works of, or otherwise attempt to extract the source code of Product (or any part of it), unless expressly permitted by NETGEAR in writing, or to the extent permitted under the laws applicable to You, and You will not permit or grant a license to any third party to do so.
18.3 Open Source Software. Certain components of the software for the Products are subject to the GNU General Public License (“GPL”) or other so-called open source licenses (“Open Source Software”). Open Source Software may not be subject to the restrictions in Section 16 of these Terms and Conditions. You are free to use, modify and distribute Open Source Software that is subject to the GPL or other free or open source software licensing model in the Software’s Documentation. so long as You comply with the terms of the GPL (available at www.gnu.org/copyleft/gpl.html) or such other free or open source software licensing terms. For clarification, these Terms and Conditions do not limit Your rights under, or grant You rights that supersede, the license terms of any applicable Open Source Software.
19. TRADEMARKS
19.1 You are not entitled to use any of NETGEAR’s trade names, trademarks, Service marks, logos, domain names, or other distinctive brand features (“NETGEAR Brands”) without NETGEAR’s prior written consent. To the extent that You are entitled to use the NETGEAR Brands under a separate written agreement with NETGEAR, such use is only permitted in accordance with such separate agreement.
19.2 You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, Service marks, trade names, logos or other marks of NETGEAR or any third party (including copyright and trade mark notices) which pertain to, are affixed to or which are contained within the Products and You agree not to use any such signs, trademarks, Service marks, trade names, logos or other marks of NETGEAR or any third party in a way that is intended to, likely to or foreseeable to mislead others or cause confusion about the owner, license holder or authorized user, as the case may be, of such marks, names or logos.
21. CONTENT PROVIDED IN THE PRODUCT
21.1 Content is entirely the responsibility of the originator of such Content. The Content may include, without limitation, advertisements, promotional material, sponsored elements or other material.
21.2 The Content may be protected by proprietary or intellectual property rights of third parties (such as partners, advertisers and sponsors or their agents who provide such Content to NETGEAR). You are not permitted to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) or to grant licenses in the Content.
22. USER CONTENT AND USER CONTENT LICENSE
22.1 By uploading, transmitting, creating, posting, displaying or otherwise providing any User Content, You hereby grant NETGEAR a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable and transferable license to (a) use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform and publicly display such User Content to the full extent necessary for use of the Product, and (b) maintain a copy of the User Content (including all related intellectual property rights) for archival and legal purposes (“User Content License”).
22.2 NETGEAR does not claim ownership of the User Content You submit or make available for inclusion on the Products or NETGEAR account and You will retain any copyright and any other rights to any User Content provided by You on or through the Product or NETGEAR account. For clarity, the foregoing User Content License grants to NETGEAR do not affect Your ownership of or right to grant additional licenses to the material in Your User Content, unless otherwise agreed to in writing.
22.3 Any protection and enforcement of any intellectual property rights which exist or pertain to the User Content are entirely Your responsibility and NETGEAR is not obliged to protect and enforce the User Content on Your behalf.
22.4 If You send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if You send us suggestions, ideas, notes, photographs, drawings, concepts, comments, improvements, recommendations, other feedback relating to improving the Products, or any other information (each, a “Submission” and collectively, the “Submissions”), the Submission will be treated as non-confidential in each instance. “Submissions” are separate and apart from User Content. None of the Submissions will be subject to any obligation of confidence on the part of NETGEAR, and NETGEAR will not be liable for any use or disclosure of any Submissions. Any Submission may be used by NETGEAR without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting. NETGEAR will have and is irrevocably granted the right, but not the obligation, to use and otherwise exploit the Submission in any manner for any purpose, including but not limited to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, or distribute the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according You any compensation or credit. You further irrevocably grant NETGEAR the right, but not the obligation, to use Your name in connection with your Submissions. By submitting a Submission to NETGEAR, You represent that such Submission is original with You and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions will not be acknowledged or returned. You agree and understand that NETGEAR is not obligated to use any Submission You make to NETGEAR and You have no right to compel such use. You hereby acknowledge and agree that Your relationship with NETGEAR is not a confidential, fiduciary, or other special relationship, and that Your decision to submit any material to NETGEAR does not place NETGEAR in a position that is any different from the position held by members of the general public with regard to Your Submission. You understand and acknowledge that NETGEAR has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by NETGEAR’s own employees. Many ideas or stories may be competitive with, similar or identical to Your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that You will not be entitled to any compensation as a result of NETGEAR’s use of any such similar or identical material. NETGEAR may from time to time request that Users voluntarily donate their User Content for NETGEAR’s research and product development efforts (“Donated User Content”). If You choose to donate Your User Content then NETGEAR will make it clear that you are voluntarily doing so. For such Donated User Content, You grant NETGEAR a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicenseable and transferable license to (a) view, use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform and publicly display the Donated User Content (including all related intellectual property rights) to the full extent necessary to provide, improve, and modify NETGEAR products and services, and (b) maintain a copy of the Donated User Content for research, product improvement, product development, archival and legal purposes. You further agree that NETGEAR will have the right to alter, modify or combine the Donated User Content with other works. You further represent, warrant and covenant that: (a) You are the sole owner, assignee and holder of record title to the Donated User Content AND (ii) you have full power and authority to make the present license to the Donated User Content.
23. YOUR REPRESENTATIONS AND WARRANTIES
23.1 WARRANTY.
NONUSE OF NETGEAR PRODUCTS IN CERTAIN SYSTEMS. You agree that You will not use the NETGEAR Products in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems or any other such activities in which the failure of the Products could lead to death, personal injury or severe physical or environmental damage.
USER CONTENT. You are entirely responsible for the user content provided by You and for any consequences arising in connection with that user content (including any loss or damage suffered or incurred by NETGEAR, as set out in Section 24). In particular, You warrant and represent to NETGEAR that:
(a) You are the owner of all rights pertaining to the user content or otherwise authorized to grant NETGEAR the user content license;
(b) The user content will not infringe any intellectual property or other third party rights or contain any insider information;
(c) The user content will not contain any material which is harmful, inaccurate, pornographic, abusive, obscene, threatening, defamatory, or which is otherwise illegal or which does not comply with applicable law;
(d) The user content will not contain any viruses or other harmful software, code or similar means and devices which could damage, harm, disable or otherwise impact or limit the function and performance of the Product and/or any device accessing such user content, regardless of whether this device belongs to NETGEAR or any other user or third party including server, network nodes or any similar equipment;
(e) The user content will comply and conform to any age classification rules and requirements (including accurate and adequate classification and rating of any user content, as the case may be) under the applicable laws, including the country in which You are a resident or from which You are using the Product;
(f) The use of the user content by NETGEAR will not impose any obligation upon NETGEAR to pay any kind of monetary contribution (including license fees, dues or otherwise) to any third party (in particular collecting societies); and
(g) You will not falsely represent Yourself by impersonating other people.
23.2 INDEMNITY. You agree to defend, indemnify and hold harmless NETGEAR from and against any all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), including but not limited to, claims alleging negligence, invasion of privacy, copyright infringement and/or trademark infringement against NETGEAR, relating to or arising out of Your breach of Your representations, warranties, covenants or obligations under these Terms and Conditions, Your misuse of the Products, or Your unauthorized modification or alteration of any NETGEAR Products.
24. NETGEAR’S REPRESENTATIONS AND WARRANTIES
24.1 To the extent possible under governing law, Your use of the Product is at Your own risk.
24.2 You agree that NETGEAR is not an insurer and that NETGEAR is not providing You with insurance of any type. Any amounts that You pay NETGEAR for the Product are not insurance premiums and are not related to the value of Your property, anyone else’s property located in Your premises, or any risk of loss at Your premises. If You want insurance to protect against any risk of loss at Your premises, You will purchase it.
24.3 Access to the Services may only be interrupted due to (i) maintenance and servicing; (ii) server updates; or (iii) any power or server outages or other possible technical issues. In all cases, NETGEAR will take reasonable efforts to provide You with as much prior notice as possible and to limit the interruption to a minimum, when possible. In the event of suspension or interruption of services caused by actions of NETGEAR or one of its affiliates for more than 12 hours, You shall have the right to request a refund of your subscription fees, in proportion to the duration of the interruption or suspension. In any case, You shall not be entitled to any compensation or refund if the access's interruption or suspension is caused by Your actions.
24.4 Playback Quality, Streaming. The playback resolution and quality of any Purchased Content will depend on a number of factors, including the type of device on which You are accessing the Purchased Content and Your bandwidth, which may increase or decrease during use. If NETGEAR detects that any Purchased Content it is streaming may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, NETGEAR may decrease the resolution or file size of the streamed Purchased Content in an effort to provide an uninterrupted experience. NETGEAR does not guarantee the resolution or quality of the Purchased Content You will receive while streaming.
24.5 If You subscribe to NETGEAR’s extended warranty and support services, NETGEAR will use reasonable effort to resolve Your problem. You further agree that due to the rapidly changing nature of technology, NETGEAR cannot be held responsible for supporting every computer-related product in the market. NETGEAR will indicate which products or product lines are supported on its website. NETGEAR may, at its own sole discretion, decide to provide technical support for a product not listed on the website. In this case, NETGEAR warrants support only for the specific problem instance and does not warrant that it will continue to support such unlisted product beyond that instance.
25. ADDITIONAL DEVICE WARRANTIES AND REFURBISHED PRODUCT WARRANTY FOR REGISTERED PRODUCTS
25.1 Registration. Notwithstanding other provisions in this Agreement, NETGEAR warrants to the original purchaser that if You register Your new device online with NETGEAR, the device will be free from defects in materials and workmanship under normal use for a period of three (3) year from the date of original retail purchase (“Additional Device Warranty”). For more specific instructions on how to register Your NETGEAR device and warranty details, visit https://www.netgear.com/de/about/warranty/.
25.2 Refurbished Product Warranty. Notwithstanding other provisions in this Agreement, NETGEAR warrants to the purchaser of a refurbished product purchased from www.netgear.com or an authorized reseller that if You register Your refurbished device online with NETGEAR, the device will be free from defects in materials and workmanship under normal use for a period of three (3) years from the date of purchase (“Refurbished Product Warranty”).
25.3 Remedies . If during this period, such a defect arises, NETGEAR will, at its option and to the extent permitted by law, either (1) repair the device at no charge, using new or refurbished replacement parts, or (2) replace the device with a new or refurbished device. In the event of such a defect, to the extent permitted by law, these are Your sole and exclusive remedies. The Additional Device Warranty and Refurbished Product Warranty are valid only in the jurisdictions where the devices are sold through www.netgear.com or NETGEAR’s authorized resellers or agents, including Austria, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement device will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.
25.4 Instructions . To obtain service under the Additional Device Warranty or Refurbished Product Warranty, contact NETGEAR’s customer service team at customer.service@netgear.com . NETGEAR may require You to furnish proof of purchase details and/or comply with other requirements before receiving warranty service.
25.5 Exclusions and Limitations . This warranty does not apply to a device or part of a device that has been serviced, altered, refurbished, or modified by anyone who is not authorized by NETGEAR, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Additional Device Warranty does not apply to damage or defects caused by (1) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (2) normal wear and tear or aging of the device; or (3) operating the device (a) outside the permitted or intended uses described by NETGEAR, (b) not in accordance with instructions provided by NETGEAR, or (c) with improper voltage or power supply.
26. LIMITATION OF NETGEAR’S LIABILITY
26.1 NETGEAR cannot be held responsible for any unavailability of one or more Services due to factors beyond the control of NETGEAR (such as technical reasons, network congestion, failure of Internet service providers, etc.).
26.2 Also, NETGEAR cannot be responsible for any losses from the unauthorized use of Your Account resulting from YOUR own default in preserving the confidentiality and security of Your ID and password, even though NETGEAR has complied with its obligations in this regard.
26.3 In case of slight negligence NETGEAR is liable only for violations of material contractual obligations (cardinal obligations). Cardinal obligations are material contractual obligations the contract is deemed to impose on NETGEAR according to its objectives and purpose and a breach of which jeopardizes the purpose of the contract and of which are deemed to be necessary for due and careful completion of the contract and may with good reason be permanently relied on by You. This liability is limited to the typically foreseeable damage at the time of entering into the contract.
26.4 The personal liability of statutory representatives, agents and employees of NETGEAR for damages caused by slight negligence is also limited to the extent described in clause 26.3.
26.5 The limitation of liability as set out above shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent NETGEAR has assumed a guarantee.
27. TERMS APPLICABLE TO NETGEAR’S iOS APP(S)
27.1 In addition to Your agreement with these Terms and Conditions, the following provisions apply with respect to Your use of any version of a NETGEAR mobile software application (“App”) for iPhone compatible with the iOS operating system of Apple Inc. (“Apple”):
(a) Apple is not a party to these Terms and Conditions and does not own and is not responsible for any NETGEAR App. Apple is not providing any warranty for the NETGEAR App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the NETGEAR App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the NETGEAR App, including any third party product liability claims, claims that the NETGEAR App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the NETGEAR App, including those pertaining to intellectual property rights, must be directed to NETGEAR in accordance with Section 31 (“Contact Information”).
(b) The license You have been granted in these Terms and Conditions is limited to a non-transferable license to use the NETGEAR App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by You, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, You must comply with the terms of any third party agreement applicable to You when using the NETGEAR App, such as Your wireless data Service agreement.
(c) You represent and warrant that (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.
(d) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and Conditions and, upon Your acceptance of the terms and conditions of these Terms and Conditions, will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third party beneficiary thereof; notwithstanding the foregoing, NETGEAR’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms and Conditions is not subject to the consent of any third party.
28. FORCE MAJEURE
28.1 NETGEAR is not liable or responsible for any failure to perform, or delay in performance of any of NETGEAR’s obligations under these Terms and Conditions that is caused by events outside NETGEAR’s reasonable control (“Force Majeure Event”), as defined in the case law.
28.2 NETGEAR’s performance under these Terms and Conditions is deemed to be suspended for the period that Force Majeure Event continues, and NETGEAR will have an extension of time for performance for the duration of that period.
29. THIRD PARTY SITES AND OTHER CONTENT
29.1 The Products may contain content from and hyperlinks to content resources and services of third parties, including other websites and Third Party Content, and NETGEAR may also integrate third party technologies into the Products (“External Resources”). NETGEAR is not responsible for, does not endorse and has no control over the content (including advertisements, products and other materials) provided, made available and/or displayed to You under these External Resources and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on such content (including any reliance by You on the availability, accuracy, applicability or completeness of the content) which is made available to You, provided to You or displayed to You under these External Resources. If You choose to access, transact with, or otherwise interact with any such External Resources, you do so at your ow risk.
29.2 The Products may give You the ability to access media content controlled by third parties (“Third Party Content”) over which NETGEAR exercises no editorial or programming control. You understand that: (i) Third Party Content providers may restrict or revoke access to their content at any time; (ii) to the extent possible under the governing law, NETGEAR is not responsible for and has no editorial control over any Third Party Content; and (iii) NETGEAR has no control over the distribution of Third Party Content. You agree that NETGEAR will have no liability to You or anyone else who uses Your system with regard to any Third Party Content. You also agree and declare that any and all Third Party Content accessed or transferred using the Products is for personal, non-commercial use and that the Products will not be used to illegally copy, illegally display or otherwise make illegal use of Third Party Content. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third Party Content. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders’ rights. You understand that by using the Products You are exposed to the risk that You may find some Content offensive, indecent or objectionable and that any use of the Products as regards such exposure is entirely at Your own risk.
29.3 You may from time to time and as a result of or through the use of the Products purchase or avail Yourself of Third Party Products, and other Services, goods or software which is provided to You by a third party. Your use of such Third Party Products, and other services, goods or software may be subject to Special Terms and other separate terms and conditions between You and the respective third party. This Agreement does not affect Your legal relationship with that third party and NETGEAR is not liable or responsible for any Third Party Products, and other services, goods or software provided to You by any third party.
29.4 When You use a third party application, the application may ask for Your permission to access Your content and information in order for the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application’s terms of Service. Without limiting anything contained in these Terms and Conditions, You agree that NETGEAR will have no liability to You or anyone else with respect to Your agreement with the provider of that third party application.
30. CLAIMS REGARDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS
30.1 Claims. NETGEAR respects the intellectual property of others and we require our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement or Your intellectual property rights have been otherwise violated please provide NETGEAR with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property interest that You claim has been infringed;
(c) a description of where the material that You claim is infringing is located on the NETGEAR website;
(d) Your address, telephone number, and email address;
(e) a 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;
(f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Please mail this information to: Legal Department, Konrad-Zuse-Platz 1, Munchen, 81829, Germany
30.2 Remedies.
(a) NETGEAR may respond to notices of alleged copyright infringement or violation of other laws in accordance with applicable law and may terminate, suspend or block access (either temporary or permanently) to accounts of users who repeatedly infringe copyright laws or violate other applicable law.
(b) NETGEAR may terminate the accounts of users of any NETGEAR Product who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under U.S. law or comparable foreign laws. NETGEAR may terminate the accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders’ rights.
31. GENERAL PROVISIONS
31.1 Entire Agreement. These Terms and Conditions constitute the entire agreement between You and NETGEAR and govern Your use of the Products superseding any prior agreements between You and NETGEAR with respect to the Products. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards NETGEAR unless expressly confirmed in writing by NETGEAR to You. You may also be subject to additional terms and conditions that may apply when You use or purchase certain other services, affiliate services, third party content or third party software.
31.2 Waiver and Severability of Terms. The failure of NETGEAR to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms and Conditions remain in full force and effect.
31.3 Third Party Beneficiaries. Each of NETGEAR’s affiliates and subsidiaries is an intended third party beneficiary to the provisions of these Terms and Conditions which confer a benefit on (or rights in favor of) them. Such affiliates and subsidiaries will be entitled to directly enforce and rely upon any provision of these Terms and Conditions which confers a benefit on (or rights in favor of) them. Subject to the foregoing, and except as set forth in Section 25 regarding the Apple iOS Application, no other person will be a third party beneficiary to these Terms and Conditions.
31.4 Assignment. You are not permitted to transfer, assign or otherwise dispose of these Terms and Conditions which are personal to You, or any of Your rights or obligations arising under these Terms and Conditions without the prior written consent of NETGEAR. NETGEAR has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent, in which case you have a right to termination with immediate effect.
31.5 No Right of Survivorship and Non-Transferability. You agree that Your Products are nontransferable and any rights to Your ID or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your Products and related accounts may be terminated and contents therein permanently deleted.
31.6 Choice of Law. These Terms and the relationship between You and NETGEAR will be governed by the laws of Austria.
31.7 Interpretation. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
31.8 Language of the Terms and Conditions. The language of these Terms and Conditions is German.
31.9 Export Laws. Recognizing the global nature of the internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of data exported from the United States or from the country in which You reside. You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties. Without limiting the foregoing, You agree that You will not use the Products in countries that are designated under section 6(j) of the Export Administration Act.
32. SURVIVAL
32.1 Any provisions of the Terms and Conditions which expressly survive expiry or termination of these Terms and Conditions of which, by its terms, requires performance after the expiry of termination of these Terms and Conditions, or has application to events that may occur after the expiry or termination of these Terms and Condition, will survive such expiry or termination, including the following sections of these Terms and Conditions to the extent relevant: Sections 2, 8.2 (b)-8.2 (c), 13.3, 17.2, 18, 19, 21, 22, 23, 24, 25, 26, 28, 29, 31, 32 and 33.
33. CONTACT INFORMATION
If You have any questions, complaints, or claims with respect to the Products, You may contact us at the following addresses (as applicable):
NETGEAR International Limited, First Floor, Block 3, University Technology Centre, Curraheen Road, Cork, Ireland;
Online-Shop Nummer: +49 800 7575777
Online-Shop Email: storede@netgear.com
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the agreement)
- To NETGEAR - Konrad-Zuse-Platz 1, Munchen, 81829, Germany email address: storede@netgear.com/
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) subscription contract for [name the service]
- subscribed on
- Name of the user(s)
- Address of the user(s)
- Signature of the user(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR ARMOR
1. NETGEAR Armor (powered by Bitdefender) (“Armor”) offers an Internet control software which, when installed on Your networking device (e.g., router, computer, mobile, mobile computer device), intercepts Internet-bound traffic and blocks certain unsafe applications that may attempt to access protected resources on Your device. This may result in applications not starting or behaving properly. You acknowledge that if You grant access to these applications, it may result in data loss or data theft.
2. Your prepaid Armor Subscription may be canceled within thirty (30) days of purchase. If You cancel after 30 days, Your payment is non-refundable and Your service will continue until the end of Your contracted term, as mentioned in Your subscription plan.
3. If Your Armor Subscription Services were bundled with a NETGEAR Product, Your subscription period shall begin on the earlier of 1) the date You activate Your Armor Services, or 2) ninety (90) days from the date You install your Product (e.g., router), and shall last for the length of Your subscription period. Your Services will automatically be deactivated at the end of the subscription period, and You will not be entitled to receive any feature or content updates, unless You renew.
4. Your Armor Services may have an Anti-Theft feature available, and if installed and turned on, would allow You to track the device location, disable access to the device, transmit images that have been capture with the camera of Your device or voice records that have been recorded by the recorder of Your device.
5. During the installation process, Armor may uninstall or disable other security products if such products or features are incompatible with Armor.
6. You may not use Armor to gain unauthorized access, to upload, transmit, and transfer data or information to NETGEAR, Bitdefender or third parties by any means. You agree that Your use of Armor will be in compliance with any laws which are applicable to You.
7. You agree that Your Armor Services may contain features and functionalities that allow You to protect information on Your device(s). You may be required to provide a password in order to encrypt and protect such information. You are aware that the features and functionalities may sync encrypted information across devices based on Your request. You will not be able to recover the information You have encrypted if You lose or forget the password. You are aware that the level of encryption that can be used by Armor should protect Your information from the average device user; however, You acknowledge that the encryption may be broken. You also acknowledge that information that has been encrypted may not be unencrypted if Your hard drive has bad sectors or fails. NETGEAR shall not be held responsible for access to Your data, device or system where You have provided Your password to a third party
8. NETGEAR or Bitdefender may send You legal notices and other communications regarding Your subscription and maintenance services using the information You provide us. Such notices or communications may be sent via in-product notices or email, or posted on the NETGEAR website.
9. You acknowledge and agree that NETGEAR or Bitdefender may collect and use certain personal and technical information, including suspect files, network and equipment information, product usage, detected malware, unwanted files, and service traffic to improve its products, provide related services, and adapt them and to prevent the unlicensed or illegal use of the product or damage resulting from the malware products. You further acknowledge and agree that the security technology used may scan Your network traffic to detect the malware and to prevent the damages resulting from the malware products. Any personal data will be collected, stored and used according to the Privacy Notice at www.netgear.com/at/about/privacy-policy/.
10. You agree to upload any executable files for the purpose of being scanned by NETGEAR or Bitdefender servers. This information from Your computer may be sent to NETGEAR or Bitdefender only with Your permission, and will not be sent automatically. The information is collected for the purpose of improving Armor performance or statistic information. This information will not be correlated with any personal data or personal identifiable information. You agree that NETGEAR may (i) use uploaded data from Your Armor Services to improve products and services; (ii) use uploaded data for analysis or reporting purposes only if any such use does not identify You or include any information that can be used to identify any individual person.
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR PROSUPPORT FOR HOME
1. A NETGEAR ProSupport for Home Services subscriber, who has not used the entitled services, may choose to unsubscribe the plan and receive a full refund within the first ten (10) business days of the subscription by calling +49 800 7575777. After ten (10) business days, the subscription is NOT refundable. If the services have been used, NETGEAR will deduct an amount proportional to the usage (number of incidents multiplied by the ongoing pay per-incident rate) and refund the balance amount. Pay-per-incident services are not refundable.
2. NETGEAR ProSupport for Home offers the following warranty and support options for a period specified when You subscribe to the service: (1) Extended Warranty (2) Extended Warranty and Support (3) Support
2.1 Extended Warranty
Extended Warranty extends and enhances the Additional Hardware Warranty for a supported and new NETGEAR device for which You purchase the Extended Warranty (“Supported Product”). You can purchase Extended Warranty within 90 (ninety) days from the date of Your purchase of a supported and new NETGEAR device.
Extended Warranty also extends your Refurbished Product Warranty for a supported and refurbished device purchased from www.netgear.com or an authorized reseller (“Supported Product”). You can purchase Extended Warranty within 90 (ninety) days from the date of Your purchase of a supported and refurbished device.
While a Supported Product is under warranty, NETGEAR will repair or replace the device with the same or functionally equivalent product free of charge.
2.2 Extended Warranty and Support
Extended Warranty and Support extends and enhances Additional Hardware Warranty and Support for a Supported Product. You can purchase the Extended Warranty and Support within 90 (ninety) days from the date of Your purchase of a supported and new NETGEAR device.
While a Supported Product is under warranty, NETGEAR will repair or replace the device with the same or functionally equivalent product free of charge. Extended Warranty and Support will also entitle You to technical support free of charge by contacting NETGEAR support at +49 800 7575777.
2.3 Support
Support extends Technical Support for a Supported Product. You may purchase the Support at the time of Your purchase of a supported and new NETGEAR product from NETGEAR.com.
Support will entitle You to unlimited technical support free of charge by contacting NETGEAR support at +49 800 7575777.
3. Extended Warranty and Extended Warranty and Support include coverage due to Accidental Damage from Handling (“ADH”) (“ADH Coverage”), subject to the claim limits described below. If during the Extended Warranty period, You submit a valid claim notifying NETGEAR that the Supported Product has failed due to ADH, NETGEAR will repair or replace the Supported Product with the same or functionally equivalent product free of charge. ADH Coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional event, for example, drops and spills that arise from Your normal daily usage of the Supported Product as intended for such product. You may be required to provide an explanation of where and when the accident occurred with a detailed description of the actual event. NETGEAR may deny Your claim if You fail to provide information relating to the accident when asked. NETGEAR also reserves the right to determine the applicability of ADH Coverage based upon the condition of the Supported Product at the time of the claim.
ADDITIONAL SUBSCRIPTION TERMS FOR NETGEAR GEARHEAD FOR HOME
1. NETGEAR GearHead for Home Services provides remote technical support, where a Technical Support Engineer (TSE) may, with your permission, take over Your computer from the TSE’s remote location. Support for specific computers, peripherals, software, and any other computer-related product are generally described at http://gearhead.netgear.com/products_supported.html .
2. A subscription to NETGEAR GearHead for Home Services covers computers designated under Your NETGEAR account. The subscription covers up to three (3) computers in a home, unless You pay for additional computers to be covered under the same subscription. You may request for additional computer support by contacting NETGEAR support at +49 800 7575777.
ADDITIONAL SUBSCRIPTION TERMS FOR MEURAL CANVAS EXTENDED WARRANTY
1. A Meural Canvas Extended Warranty subscriber, who has not used the entitled services, may choose to unsubscribe the plan and receive a full refund within the first fourteen (14) business days of the subscription under the conditions described in Section 7 of the Terms and Conditions. After fourteen (14) business days, the subscription is no longer refundable. If the services have been used, NETGEAR will deduct an amount proportional to the usage (number of incidents multiplied by the ongoing pay per-incident rate) and refund the balance amount. Pay-per-incident services are NOT refundable.
2. NETGEAR Meural Canvas Extended Warranty extends and enhances the Additiona Hardware Warranty for a Meural Canvas (“Canvas”). You can purchase the Extended Warranty within 90 (ninety) days from the date of Your purchase of a new Canvas. While a Canvas is under warranty, NETGEAR will repair or replace it with the same or functionally equivalent Canvas free of charge. You may contact NETGEAR support at +49 800 7575777.
Meural Canvas Extended Warranty does not include coverage due to accidental damage, defined here as physical damage, breakage, or failure caused by an accident or a result of an unexpected and unintentional event, for example, drops, spills, breakage, or damage that arise from Your normal daily usage of the Canvas.
ADDITIONAL TERMS FOR NETGEAR E-STORE
1. Account. You may need to set up an account to make purchases on www.netgear.com (“eStore Account”) and have a valid payment method associated with it. If there is a problem charging your selected payment method, NETGEAR may charge any other valid payment method associated with your eStore Account. You are responsible for maintaining the confidentiality of Your eStore Account and password and for restricting access to Your account, and You agree to accept responsibility for all activities that occur under Your account or password. NETGEAR does not sell products for children. If You are under 18, You may not create an eStore Account and may only make purchases with a parent or guardian. NETGEAR reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. NETGEAR’s collection, storage and use of Your eStore Account data will be in accordance with NETGEAR’s Privacy Policy at https://www.netgear.com/at/about/privacy.
2. Paying for Your Order. NETGEAR will charge Your payment method for an item at the time of shipment. However, NETGEAR may pre-authorize Your order amount with Your credit card, credit account, or debit card issuer at the time You place the order. When You pre-order with a debit card, NETGEAR will debit Your card when You place the pre-order.
3. Price Matching. NETGEAR consistently works toward maintaining competitive prices on its Products and Services. NETGEAR does not offer price matching.
4. Shipping, Delivery, Title, and Risk of Loss. NETGEAR will pack and ship the Products in accordance with its standard practices. Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Products are shipped by a third party carrier pursuant to a shipment contract. Title to the Products and risk of loss will pass to You upon NETGEAR’s delivery of the Products to You or a third party designated by You.
5. Unavailability of Account; Termination; Fraud. NETGEAR may terminate or suspend Your use or access to Your account in case of a breach of these Terms and Conditions. If NETGEAR notifies You that Your access to or use of Your account is terminated, You must cease and desist from all access or use immediately. NETGEAR reserves the right to cancel, delay, refuse to ship, or recall from the shipper any order in case of fraud, without any notice to You.
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Revision Effective: 1 August 2022