Last Updated: November 23, 2015
THESE TERMS APPLY ONLY TO WEBSITE ACCESS. OUR PRODUCTS AND SERVICES ARE PROVIDED PURSUANT TO A SEPARATE AGREEMENT AVAILABLE AT TIME OF PURCHASE. YOU MUST ACCEPT THE SEPARATE AGREEMENT BEFORE YOU MAY USE ANY OF OUR PRODUCTS OR SERVICES.
- Changes to Terms. We reserve the right, at our sole discretion, to modify or replace any part of these terms. It is your responsibility to check the Website and these terms periodically for changes. Your continued use of or access to the Website following the posting of any changes is acceptance of those changes. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to these terms, as well as any separate agreements specifically governing them.
- Intellectual Property. All content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations) and all software and technology used, provided or implemented on or through the Website is the property of PagerDuty, Inc., or its suppliers and protected by United States and international copyright and other laws. You may use such materials only in connection with your access of the Website. You may not copy, distribute, scrape, disassemble, reverse engineer or otherwise appropriate or create any derivative works from any of these materials. Any trademarks, service marks, graphics and logos used in connection with the Website are either our trademarks or those of third parties. You may not use any such marks for any purpose. We retain all rights in all materials, technology and marks on the Website, and do not grant any rights other than those explicitly granted by these terms.
- Disclaimer of Warranty. THE CONTENT AND OTHER MATERIALS ON THE WEBSITE ARE SUPPLIED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE DISCLAIMED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR FREEDOM FROM ERRORS. ONLY THOSE WARRANTIES MADE AVAILABLE UNDER SEPARATE AGREEMENTS RELATING TO THE PURCHASE OF SPECIFIC PRODUCTS OR SERVICES WILL APPLY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES
- Limitation of Liability. IN NO EVENT WILL PAGERDUTY, INC. OR ANY OF ITS AGENTS OR LICENSORS BE LIABLE TO YOU IN CONNECTION WITH YOUR ACCESS OF THE WEBSITE UNDER ANY LEGAL THEORY FOR DAMAGES, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PAGERDUTY, INC. OR ANY OF ITS AGENTS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00.
- Indemnification. You will indemnify and hold harmless PagerDuty, Inc. and its agents and licensors, against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or your violation of these terms.
- Product Ideas. If you submit comments or ideas about current or future offerings, including without limitation potential improvements to our products or services you understand that any such submissions are unsolicited and we may use them without restriction and you will not be entitled to any compensation.
- Miscellaneous. If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These terms constitute the entire agreement between you and PagerDuty, Inc., regarding your access and use of the Website, and supersede all prior communications or terms, whether electronic, oral or written, between you and PagerDuty, Inc. Failure by us to enforce these terms shall not be construed as a waiver. These terms and your use of the Website shall be governed by California law.