Terms of Use

Last Reviewed: April 24, 2020

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE WWW.VANTAGE-DC.COM WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY VANTAGE OR ITS AFFILIATES (“WEBSITE”). USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

Copyright

The entire contents of this Website are protected by the United States copyright laws. Vantage Data Centers Management Company, LLC (“Vantage”) is the owner of the copyright. You may not modify the materials at this Website in any way or reproduce or publicly display, perform, distribute or otherwise use the materials for any purpose without the prior consent of Vantage.

Trademarks

The names, logos and taglines identifying Vantage or its products or services are proprietary marks of Vantage or its affiliates and may not be copied, used or displayed without the prior written consent of Vantage. All other trademarks and service marks are the property of their respective owners.

Submissions

Except as otherwise set forth in Vantage’s Privacy Policy posted on this Website, any materials, information or other communication that you transmit or post to this Website (“Submissions”) will be considered non-confidential and non-proprietary, and Vantage and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes.

Operation of Website

Vantage will use reasonable commercial efforts to keep this Website available for access on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. There are no assurances, however, that access will be available at all times and uninterrupted. Further, Vantage does not warrant that the operation of this Website will be error-free, that defects will be corrected or that this Website or the servers that make it available are free from viruses or other harmful components.

Website Security

You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Vantage will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Password Confidentiality

To the extent a password is provided to you for access to a portion of this Website, you agree to keep your password confidential and to notify Vantage promptly if such password is lost or stolen or if you become aware of unauthorized use of such password. You acknowledge that you are fully responsible for all activities that occur under your password.

Links to Other Websites

Links to third-party websites on this Website are provided solely as a convenience to you. If you use these links, you will leave this Website. Vantage has not reviewed these third-party websites and does not control and is not responsible for any of these websites or their content. Vantage does not endorse or make any representations about these third-party websites, or any advertising, information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.

Content and Liability Disclaimer

The factual information contained in this Website is obtained from sources believed to be reliable and accurate; however, Vantage makes no guarantee or warranty, express or implied, as to the reliability, timeliness or completeness of information and is not responsible for any errors or omissions therein, whether caused by the source of the information or by Vantage. AS A RESULT, THE MATERIALS AND SERVICES PROVIDED AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. No advice or information, whether oral or written, obtained by you from Vantage or through or from this Website shall create any warranty.

Limitation of Liability

IN NO EVENT WILL VANTAGE, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES (INCLUDING THIS WEBSITE), REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING, WITHOUT LIMITATION, LEGAL THEORIES OF WARRANTY, CONTRACT, TORT OR STRICT LIABILITY.

Governing Law / Dispute Resolution

Any claims arising out of the use of this Website shall be resolved by binding arbitration in Santa Clara County, California, in accordance with the then-current rules of the American Arbitration Association. These Terms are made under and will be governed by and construed in accordance with the laws of the State of California, United States of America (other than conflict of law rules).

Modifications

Vantage may make revisions to these Terms, the materials at this Website or to the products and services described herein, at any time without notice. By using this Website, you agree to be bound by any such revisions and therefore should visit this page periodically to determine the then-current Terms by which you are bound.

Contact Us

For further information regarding legal issues related to this Website, please feel free to contact us at [email protected].