As of August 25, 2020
1. Acceptance of Terms.
1.1. By accessing, browsing, or otherwise using the Site or any of the content on the Site you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not accept these Terms, you shall not access, browse or use the Site or any of its content.
1.4. You represent to Harness that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company or organization you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Harness are collectively referred to as the “Parties” and each is a “Party”.
2. Use of the Site
2.1. These Terms do not govern the use of any Harness product or services sold or provided by Harness. Your right to access, download, and/or use any of the Harness products or services made available through the Site or other means is governed by the applicable online software license agreement, or such other written contract as may be separately agreed and signed between you and Harness.
2.2. You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, © attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (d) delete or alter any material posted on the Site by Harness or any other person or entity, or (e) frame or link to any of the materials or information available on the Site.
2.3. You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, inaccurate, obsolete or incomplete, Harness may terminate your use of the Site.
Unless otherwise specifically agreed to by you and Harness in writing, by uploading, e-mailing, posting, submitting, publishing or otherwise transmitting information, data, event types, tags, comments, suggestions, content or other materials to the Site or Harness (each a “Contribution”), you hereby acknowledge that such Contribution is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Harness a perpetual, irrevocable, world-wide, non-exclusive, sublicensable, fully paid-up and royalty-free license to use, make, have made, copy, distribute, perform, display (whether publicly or otherwise), modify, adapt, publish, and transmit such Contributions in any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. In addition, you represent and warrant that all so-called moral rights in the content have been waived. For each Contribution, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, and that such Contribution, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations. Harness cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Harness will not pre-screen or review Contributions, but Harness reserves the right to refuse or delete any Contributions in its discretion. You acknowledge and agree that Harness reserves the right (but has no obligation) to do one or more of the following in its discretion, without notice or attribution to you:
(i) monitor Contributions as well as your access to the Site;
(ii) alter, remove, or refuse to post or allow to be posted any Contribution; and/or
(iii) disclose any Contributions, and the circumstances surrounding their transmission, to any third party in order to operate the Site, in order to protect Harness, its suppliers or licensees and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Harness disclaims any responsibility for the Contributions displayed on its Site and assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Contributions or other user information or personalization settings.
3. Rules of Conduct
3.1. While using the Site you agree to comply with all applicable laws, rules and regulations. In addition, Harness expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Site pursuant to Section 13 (Termination). You agree that you will not:
• Post, transmit, or otherwise make available, through or in connection with the Site:
o Anything that is or may be (a) threatening, harassing, degrading or hateful; (b) defamatory; © fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior written consent of the owner of such right.
o Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
o Any virus, worm, Trojan horse or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
o Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
• Use the Site for any fraudulent or unlawful purpose.
• Harvest or collect personally identifiable information about other users of the Site.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
• Use the Site to advertise or offer to sell or buy any goods or services without Harness’s express prior written consent.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site (including any Content, software and other materials available through the Site).
• Modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Site (including any Content, software and other materials available through the Site), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
• Remove any copyright, trademark or other proprietary rights notice from the Site or Content, software and other materials originating from the Site.
• Frame or mirror any part of the Site without Harness’s express prior written consent.
• Create a database by systematically downloading and storing all or any Content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Harness’s express prior, written consent.
4.Harness Content. The Site contains HTML, software, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Harness or its licensors (“Harness Content”). The Site (including the Harness Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Harness, Harness owns and retains all rights in the Site and the Harness Content. Harness grants to you a limited, revocable, non-sublicensable license to access, display and perform the Harness Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Harness in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Harness Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Harness Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Harness Content. The use or posting of any of the Content on any other Site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Harness (the “Harness Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of Harness. Other Harness, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Harness Trademarks, the “Trademarks”). Nothing on this Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of Harness specific for each such use. The Trademarks may not be used to disparage Harness or the applicable third-party, Harness’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Site is prohibited without Harness’ prior written consent. All goodwill generated from the use of any Harness Trademark shall inure to Harness’ benefit.
6.Compliance with Laws. You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and © not directly or indirectly export, re-export or otherwise deliver any Harness software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Harness software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.
7.Indemnity. You agree to defend, indemnify, and hold harmless Harness, its affiliates, and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Harness policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.
8.Disclaimers. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. HARNESS AND/OR ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES CONTAINED THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, HARNESS MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) ANY USER ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE SITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY HARNESS.
9.Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HARNESS, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (B) IN NO EVENT SHALL HARNESS’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE HARNESS PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10.Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices with respect to the Site should be sent to Harness at:
116 New Montgomery St. Suite 200
San Francisco, CA 94105
11.U.S. Government Rights. The Site is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Site. If you are using the Site on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you must immediately discontinue use of the Site. The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
12.Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Harness does not currently charge any fees for access and use of the Site. If you have a question or complaint regarding the Site, please contact Harness by writing to: Harness, Inc., Attn: Legal, 116 New Montgomery St. Suite 200, San Francisco, CA 94105, or [email protected], or by calling Harness at (855) 879-7727. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
13.Termination of the Agreement. Harness reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Sections 2 (Use of the Site), 7 (Indemnification), 8 (Disclaimers), 9 (Limitation of Liability), 13 (Termination of the Agreement), and 14 (Miscellaneous) shall survive the termination of these Terms.
14.Miscellaneous. These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of San Francisco in the State of California. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of Harness to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. As mentioned in Section 1, Harness may modify these Terms at any time by posting a revised version on the Site. By accessing, browsing, or otherwise using the Site, you agree to the latest version of these Terms. No waiver shall be effective against Harness unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Harness and you, these Terms constitute the entire agreement between you and Harness with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors and assigns. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. Harness is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
15.Contact. Please contact Harness at [email protected] with any questions regarding these Terms.