Legal

Thank you for visiting the NetQoS website ("NetQoS"). This Privacy Policy and the Terms of Use is a legal agreement between you and NetQoS, Inc. You agree to abide by all of the provisions in this Agreement in order to be an authorized user of the site and your use of the site constitutes your agreement to abide by those provisions.

Your Responsibility for Use

You are solely responsible for your use of the site and for ensuring that your use complies fully with the provisions of this agreement. NetQoS may change this Terms of Use and Privacy policy without notice.

NetQoS respects your right to the privacy of the personal information you provide us on our website. The following policy is intended to explain how your personal information will be treated as you make use of our site and its features. Personal information includes your name, company name, title and e-mail addresses, click-through activity and any other personal information you may provide here. In some instances, NetQoS or NetQoS' partners, distributors and/or resellers will use your information to contact you via email or regular mail to deliver promotional or informational materials. NetQoS will not otherwise use or disclose your personal information without your consent except (i) as described in this privacy policy, or (ii) as required by law, court order or as requested by other government or law enforcement authority.

Data Capture and Aggregation by NetQoS

Each time you visit the NetQoS website, our server gathers basic technical information such as your domain name, and browser and platform type. NetQoS counts, tracks and aggregates visitor activity to analyze traffic flows at our site about where traffic comes from and how it moves with our website. NetQoS may merge information about visitors and visits into group data but we will not disclose your individual identity or personally identifiable data without your permission. When we do present aggregated information to outside companies we do so only in the format of anonymous statistics, meaning that no one will ever be able to identify you or contact you.

NetQoS Email Newsletter; Subscribe/Unsubscribe

After subscribing to receive access to certain content, users receive emails from NetQoS regarding product related information. NetQoS collects subscribers' e-mail addresses in order to distribute product newsletters and announcements and does not share subscriber's addresses with any other companies or partners. Users can choose to unsubscribe from NetQoS newsletters at any time by following the unsubscribe instructions found in each e-mail.

Content and Information Provided by NetQoS

The views and opinions on the site are not necessarily those of NetQoS, Inc. or its staff. NetQoS does not make any warranties or representations, express or implied, as to the materials which appear on the site. The materials and content published are for informational purposes only and are subject to change without notice. NetQoS assumes no liability for technical, factual or editorial omissions or inaccuracies contained herein. NetQoS may compile and aggregate information submitted by visitors to share with the press, analysts and other third parties, but no personal or identifying details will be provided about specific individuals.

The NetQoS website includes a combination of content that is created by NetQoS, our partners, 3rd parties and our users. All materials published on the NetQoS website are protected by our copyrights, service marks, or trademarks. Certain material published on the NetQoS site may be licensed from third parties, and the copyright, service marks and/or trademarks for such materials belong to the respective third parties. Except for limited personal use, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our sites in whole or in part.

Links to Third Party Sites

NetQoS contains links to other internet websites. NetQoS has no control over the content or privacy policies of third party websites and NetQoS disclaims all responsibility or liability for such content or privacy practices.

NetQoS Trademarks

NetQoS, the NetQoS logo, SuperAgent, and NetVoyant are registered trademarks of NetQoS, Inc. in the United States and in other countries. ReporterAnalyzer and Allocate are trademarks of NetQoS, Inc. Other brands, product names and trademarks are property of their respective owners.

Other NetQoS Trademarks

NetAnalyst^®
PMG NetAnalyst^®
Training and Certification

Other NetQoS Service Marks

NetQoS ClientConnection^SM
NetQoS Performance Edge^SM
Pine Mountain Group^SM
PMG^SM
Network Forensics Day^SM
SafetyNet^SM
Synergy Management Systems^SM
NetQoS DocuNet^SM
NetQoS Critical Problem Resolution^SM
NetQoS Network Health Check^SM
NetQoS Application Impact Analysis^SM
NetPerformance^SM
and NetPerformance.com^SM

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER NETQOS, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERUPTED OR ERROR FREE. NETQOS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.

THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NETQOS (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NETQOS (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

Indemnity

You agree to indemnify, defend, and hold harmless NetQoS, its officers, directors, employees, agents, licensors, and any third-party information providers for the website, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or Privacy Policy.

Questions? Please send your questions, to information@netqos.com.