1. Acceptance of Terms
These Terms are entered into by and between Equinix and you. If you currently have in effect a separate written purchase or license agreement with Equinix for a service, that agreement shall govern the use of that service to the extent it conflicts with these Terms.
2. Disclaimer of Warranties
Although Equinix has attempted to provide accurate information on the Website, Equinix assumes no responsibility for the accuracy of the Information. As used in these Terms, “Information” refers to any articles, text, data, sound, photographs, graphics, video, or other materials provided on the Website by Equinix or by any third parties. Equinix may change the Website and Information at any time without notice. Mention of products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
THE INFORMATION IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. EQUINIX MAKES NO WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE INFORMATION, OR THAT THE WEBSITE WILL BE FREE FROM INTERRUPTION, DEFECT, OR DELAY IN OPERATION. EQUINIX MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE INFORMATION ON THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER MALICIOUS COMPONENTS. EQUINIX MAKES NO WARRANTY RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY EQUINIX OR ANY THIRD PARTY.
3. Limitation of Liability
IN THE EVENT YOU BRING ANY ACTION UNDER THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO TERMINATE USE OF THE WEBSITE. EQUINIX WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY SORT, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, ARISING OUT OF OR RELATING TO USE OF THE WEBSITE OR THE INFORMATION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, OR STRICT LIABILITY.
Because some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, Equinix’s liability in such jurisdictions shall be limited to the extent permitted by law, but the provisions of this section shall in any case be interpreted to limit our liability to the greatest extent permitted by law.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD EQUINIX HARMLESS FROM AND AGAINST, CLAIMS, LIABILITY, LOSSES, COSTS, EXPENSES, AND DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS ON APPEAL) INCURRED AS A RESULT OF, IN CONNECTION WITH, OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE
The Website and the Information may be subject to copyright protection under the laws of the United States and other countries. You acknowledge that misappropriation, misuse, or redistribution of content on the Website could cause irreparable harm to Equinix or to third parties.
Except as expressly authorized by Equinix, none of the Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form, or by any means, including electronic, mechanical, photocopying, recording, or otherwise.
No part of the Website, including logos, graphics, sounds, or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written consent of Equinix.
6. Notice of Copyright Infringement
Individuals who believe in good faith that their intellectual property rights have been infringed on the Website or by the Information, may contact Equinix in the manner set forth herein and request that the infringing material be removed or access to it be blocked. Equinix will investigate those complaints. Where Equinix is satisfied that the infringement is taking place, it will take appropriate action.
As used in these Terms, "Equinix Marks" refers to any names, marks, brands, logos, designs, slogans, trademarks, services marks, and other designations Equinix uses in connection with its products or services. The Equinix Marks displayed on the Website are the property of Equinix. Users are not permitted to copy or use the Equinix Marks without the prior written consent of Equinix.
Equinix® and IBX® are registered trademarks of Equinix, Inc. Internet Business Exchange™ is a trademark of Equinix, Inc.
You agree that we may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Website. Any notices to Equinix with respect to these Terms should be in writing and directed to Equinix, Inc., One Lagoon Drive, 4th Floor, Redwood City, California 94065, Attention: General Counsel.
9. User Submissions and Content
Policy conflicts with these Terms.
A user providing a User Submission to Equinix grants Equinix a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission and subsequent versions thereof. Users will not attempt to enforce any so-called "moral rights" with respect to a User Submission against Equinix. This license will apply to the distribution and the storage of the User Submission in any form, medium, or technology now known or later developed.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. By providing a User Submission, you affirm, represent, and warrant that (I) you have all required intellectual property rights to use such User Submission in the manner contemplated by these Terms and (II) you have permission to use the name or likeness of any identifiable individual person in your User Submission. You will not: (i) submit material unless you are the owner of such material or have permission from the rightful owner to post such material and to grant Equinix all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Equinix or any third party; (iii) post any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or material that would encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. We reserve the right to remove, modify, or not publish User Submissions without prior notice.
If you believe that any User Submission appears to violate these Terms, or if you believe any other user is engaged in illegal, harassing, or objectionable behavior, please contact Equinix in the manner provided herein.
The accuracy of User Submissions is not independently verified by Equinix. Any views expressed and materials presented represent the personal views of individual contributors and do not necessarily represent the opinion of Equinix. Equinix assumes no responsibility for the content of any User Submission. Equinix does not undertake or assume any duty to monitor the Website for inappropriate or unlawful content and assumes no responsibility or liability which may arise as a result of the content thereof, including claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
10. Links to Third Party Sites
The Website may contain links to third party sites. Access to any other site linked to this Website is at your own risk. Equinix is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Equinix provides such links merely as a convenience and the inclusion of such links does not imply an endorsement.
11. Access to Password-Protected or Secure Areas
Access to and use of password protected or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
Equinix may terminate, suspend, or limit your access to the Website, or any portion thereof, at any time and for any reason or no reason without notice to you. These Terms will survive any such termination, except that you may not be permitted to use the Website.
14. Governing Law and Integration
These Terms contain the complete agreement between the parties with respect to the subject matter hereof. All previous and collateral agreements, representations, warranties, promises, and conditions relating to the Website are hereby superseded. If any portion of these Terms is held invalid or unenforceable, any remaining portion shall continue in full force and effect. The validity, performance, and construction of these Terms shall be governed and interpreted in accordance with California law.
15. No Waiver
Equinix’s failure to exercise any of its rights under these Terms will not constitute or be deemed a waiver or forfeiture of those rights, and a waiver of any default, breach, or non-compliance under these Terms shall not be effective unless such waiver is evidenced in writing and signed by Equinix.
16. No Third Party Beneficiaries
The parties acknowledge that each is entering into these Terms solely on the basis of the terms and representations contained herein, and for its own purposes and not for the benefit of any third party. These Terms do not and are not intended to confer any rights or remedies upon any third party.
17. Relationship of the Parties; Electronic Contracting
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Equinix as a result of these Terms or your access to and use of the Website. You further agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.