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Terms of Use

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Legal entity: [Legal entity name and state of formation pending] ("Azroth," "we," "us," or "our")
Effective date: [Effective date pending]

These Terms of Use (the "Terms") govern your access to and use of the Azroth website at www.azroth.com and any web pages, forms, content, or accounts that link to these Terms (collectively, the "Site").

By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site. If you use the Site on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

1. Purpose of the Site; No Support Contract

The Site provides general, informational material about Azroth's independent third-party maintenance, lifecycle support, environment optimization, troubleshooting, and related services. It may also allow you to request information or a Lifecycle Risk Assessment.

Using the Site, submitting a form, requesting an assessment, or communicating with Azroth does not create a support contract, service-level agreement, statement of work, or other obligation for Azroth to provide services. Any service delivery is governed only by a separate written agreement or statement of work signed by authorized representatives of Azroth and the applicable customer. If there is a conflict between these Terms and a signed services agreement, the signed services agreement controls for the covered services.

2. NetApp Non-Affiliation and Trademark Notice

Azroth is an independent third-party provider. Azroth is not affiliated with, endorsed by, sponsored by, authorized by, or acting on behalf of NetApp, Inc.

References on the Site to NetApp, AFF, FAS, ONTAP, and related product names are used solely to identify the hardware or software environments with which Azroth may provide independent services. All third-party trademarks, service marks, product names, and company names are the property of their respective owners. NetApp is a trademark of NetApp, Inc.

3. Eligibility and Accounts

The Site is intended for business use by adults. You may use the Site only in compliance with these Terms and applicable law.

If the Site offers an account, you must provide accurate information, protect your account credentials, and promptly notify us at [Contact email pending] if you believe your account has been accessed without authorization. You are responsible for activity under your account to the extent permitted by law. We may suspend or terminate an account when reasonably necessary to protect the Site, users, Azroth, or others.

4. Ownership and Permitted Use

The Site and its contents—including text, graphics, logos, layouts, designs, downloads, and other materials—are owned by Azroth or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms, Azroth grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Site for your internal, lawful business-evaluation purposes. You may not copy, reproduce, modify, distribute, publicly display, create derivative works from, sell, license, or otherwise exploit Site content without Azroth's prior written permission, except as permitted by law.

You retain ownership of information you submit to us. You grant Azroth a non-exclusive right to use that information as reasonably necessary to respond to your request, operate the Site, and provide or evaluate services, subject to our Privacy Policy and any applicable signed agreement.

5. Prohibited Uses

You may not, and may not permit another person to:

  • use the Site for an unlawful, fraudulent, misleading, infringing, or harmful purpose;
  • interfere with, disrupt, damage, or attempt to gain unauthorized access to the Site, its systems, accounts, or networks;
  • introduce malware, harmful code, or material intended to degrade or compromise the Site;
  • probe, scan, or test the vulnerability of the Site without our prior written consent;
  • use automated means to access the Site in a manner that burdens, bypasses, or interferes with its operation, except for standard search-engine indexing consistent with our robots instructions;
  • impersonate another person or organization, misrepresent your affiliation, or submit false information;
  • use Site content to build, train, or improve a competing service or database without our written permission; or
  • remove, obscure, or alter any proprietary notice on the Site.

6. Feedback

If you provide comments, suggestions, or other feedback about the Site or Azroth's services, you grant Azroth a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, and incorporate that feedback without restriction or compensation, provided that we do not identify you publicly without your permission.

7. Informational Content; No Professional Advice

Site content is provided for general information and may not be complete, current, or applicable to your environment. It is not technical, legal, financial, security, compliance, or other professional advice. You are responsible for evaluating whether any information or service is appropriate for your organization and environment.

Availability statements, assessment materials, recommendations, estimated cost-avoidance ranges, and roadmap information are subject to validation, applicable agreements, and change. They are not guarantees of outcome, availability, performance, compatibility, or savings.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." AZROTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

AZROTH DOES NOT WARRANT THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE, COMPLETE, OR CURRENT. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZROTH AND ITS FOUNDERS, MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZROTH'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID AZROTH, IF ANY, TO USE THE SITE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability that cannot lawfully be excluded or limited. The limitations in this section do not replace the liability terms in a separately signed services agreement.

10. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Azroth and its founders, members, employees, contractors, licensors, and suppliers from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your misuse of the Site, violation of these Terms, or violation of applicable law or a third party's rights.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of [Governing-law state pending], excluding its conflict-of-laws rules.

Dispute resolution: [Dispute-resolution provision (venue, arbitration/court process, informal-resolution period) pending]

12. Changes to the Site or Terms

We may modify, suspend, or discontinue any part of the Site at any time. We may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. Your continued use of the Site after the updated Terms take effect means you accept them.

13. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and Azroth concerning your use of the Site. They do not alter a separately signed services agreement.

If any provision is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; Azroth may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets. There are no third-party beneficiaries to these Terms except where expressly stated.

14. Contact Us

Questions about these Terms should be sent to:

[Legal entity name pending]
[Business mailing address pending]
Email: [Contact email pending]

Complete the legal entity, effective date, governing law, dispute-resolution provision, address, and contact email before publication. Counsel should confirm that the warranty, liability, indemnity, dispute-resolution, and assignment provisions fit Azroth's corporate structure and service agreements.