Website Terms of Use

Overview

The following are the terms of use between you and Gen Digital Inc. (“Gen”, “Company”, “we” or “us”). The following terms and conditions, together with any policies incorporated by reference (collectively, these "Terms of Use"), govern your access to Gendigital.com and use of, all its subdomains and all other websites or owned, operated or maintained by Gen and its affiliated companies, including any content and functionality offered thereon (collectively, the "Website"). The term “you,” as used in this these Terms of Use, means any person or entity who accesses or uses the Website.

By accessing, or using this Website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Website. Gen may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Website. Gen may also make improvements or changes in the products, services, or other content displayed in this Website at any time without notice.

For the avoidance of doubt, your use of any products or services you have selected to receive from Gen, including account information and account management; and all purchases through our Website or other transactions for the sale of products or services formed through the Website are governed by the applicable License and Services Agreement, Terms of Sale, and other applicable terms.  These Terms of Use are in addition to any such terms that may apply to you. Any conflicts between these Terms of Use and the License and Services Agreement or Terms of Sale shall be superseded and governed by the License and Services Agreement or Terms of Sale, or other applicable terms, respectively (and solely as applicable). Any claims and disputes arising under the License and Services Agreement or Terms of Sale shall be subject solely to those terms and not these Terms of Use.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. RESIDENTS – WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH GEN AND ITS AFFILIATES THROUGH SMALL CLAIMS COURTS OR THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW SECTION 14 “DISPUTES; MANDATORY ARBITRATION”, FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1. Rights to Content
The pages and content on this Website are subject to protection under applicable copyright and trademark laws, and all copyright information, trademarks and logos must remain intact. Gen grants you a non-exclusive, limited permission to access and display the pages on this Website as a current or potential customer, vendor, or business partner of Gen, or for non-commercial research purposes, provided you comply with these Terms of Use. All other uses of the Website are prohibited.

Except for the limited permission in the preceding paragraph, Gen does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror or frame any of the content from this Website on another website or in any other media. Any software, services and other materials that are made available for downloading, access, or other use from this Website with their own license or usage terms will be governed by such terms, conditions, and notices, including applicable export and re-export laws and regulations. Your failure to comply with such terms or any of the terms on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control. You may not use, reproduce, or distribute any of the copyrighted material, trademarks, logos, graphics, sounds, videos, images, or other proprietary content on this Website without the express written permission of Gen.

For further information, refer to publications concerning our Copyright Policy, Trademark Usage Guidelines, and Virtual Patent Marking.

2. Trademarks
You must not use logos, product and service names, designs, slogans and other trademarks of Gen or its affiliates without the prior written permission of Gen. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. For further information, refer to our Trademark Usage Guidelines.

3. User Contributions
Certain portions of the Website may contain bulletin boards, chat rooms, user forums, blogs, or advice columns (“Community Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Contributions") on or through the Website. By providing any User Contributions on the Website, you grant Gen and our affiliates and service providers, and each of their and our respective successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You acknowledge and agree that your conduct, and the form and content of User Contributions that you post or upload to the Website, are your sole responsibility and will comply with the following content standards and any other additional terms posted in connection with the Community Services. Consequently, you agree not to:

• Upload, post, email, transmit, or otherwise make available any User Contribution that is unlawful, harmful (including User Contributions that are harmful to Gen's reputation), threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Use the Community Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Impersonate any person or entity.
• Violate the legal rights of another party, such as by infringing another's intellectual property rights through the posting or uploading or use of User Contributions (including without limitation, photographs or images), and further including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) or any other proprietary rights unless you own or control the rights thereto or have received all necessary consent to do the same.
• Forge email headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Community Services.
• Use the Community Services to compile commercial, political, or charitable mailing lists or to facilitate the transmission of spam, junk mail, chain letters, or obscene or profane content.
• Post direct links to executable files (.exe) that are not from a Gen domain.
• Harvest or otherwise collect information about others, including e-mail addresses or “phish” for others’ personal information.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Community Services or other user or usage information or any portion thereof.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Community Services.
• Create multiple accounts on the Community Services, or create a false identity for the purpose of misleading others.
• Violate any applicable laws or regulations.
• Engage in tortious talk, harass, threaten any other individual, or engage in other disruptive conduct on the Community Services. 

Although Gen is under no obligation to review or monitor User Contributions, Gen reserves the absolute right to do so in its sole discretion. In addition, Gen reserves the right to alter, edit, refuse to post or remove any User Contributions, in whole or in part, for any reason or for no reason. Gen also reserves the right to terminate your ability to use Community Services if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Gen does not have any obligation to use or respond to any User Contributions. Gen has no control over whether such User Contributions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, Gen expressly disclaims any responsibility for User Contributions.

4. Copyright Complaints
Gen maintains a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Website infringe your copyright, you may request removal of those materials from the Website by contacting Gen’s copyright agent with a DMCA Notice. For details on submitting a Notice, please review our Copyright Policy.

5. Disclaimer of Errors
From time to time, this Website may contain technical inaccuracies or other content errors, and Gen does not warrant the accuracy of any posted information. To mitigate the risk of error, you should use only the most up-to-date webpages, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website. Gen is not responsible for the accuracy of content on any areas of the Website where users may post or transmit information including bulletin boards, chat rooms, user forums, blogs, or advice columns.

6. Confidential Information and Privacy
With the exception of credit card information for the purchase of products or services, Gen does not want to receive confidential or proprietary information from you through our Website. Other than credit card information, any information or material sent to Gen will be deemed NOT CONFIDENTIAL. By sending Gen any information or material, you hereby grant Gen an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Gen is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. Personal information that you submit to Gen for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the privacy section on this Website for information regarding Gen’s privacy policies.

7. Linking to this Website
Gen consents only to links to this Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Gen; (c) imply that Gen approves or endorses you, your website, or your service or product offerings; (d) present false or misleading information about Gen or its products or services; or (e) present false or misleading impressions about Gen or otherwise damage the goodwill associated with the Gen name or trademarks. As a further condition to being permitted to link to this Website, you agree that Gen may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of Gen trademarks.

8. Third-Party Websites
This Website may provide links to third-party websites, which are not under the control of Gen. Gen makes no representations in regard to third-party websites. When you access a non-Gen website, you do so at your own risk. Gen is not responsible for the reliability of any data, opinions, advice, or statements made on third-party websites. Gen provides these links merely as a convenience. The inclusion of such links does not imply that Gen endorses, recommends, or accepts any responsibility for the content of such websites. If you navigate to third-party websites linked from our Website, please note that those third-parties’ privacy terms (and not Gen’s) will apply to your subsequent browsing activity. Please review the applicable privacy statements on any co-branded site you visit, as they may differ from ours. In addition, Gen is not a party to or responsible for any transactions you may enter with third parties, even if you learn of such parties (or use a link to such parties) from a Gen Website. When you access a non-Gen-controlled website, even one that may contain a Gen or Gen brand logo, please understand that it is independent from Gen, and that Gen does not control the content. We advise you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

9. Product Availability
This Website may contain references or cross-references to products, services, or programs that are not announced or available in your country or region. These references do not imply that Gen intends to announce or make available such products, services, or programs in your country or region.

10. Export Control
Software downloaded from the Website is subject to applicable export laws and regulations, including, but not limited to, the U.S. Export Administration Regulations. The export or reexport of software in violation of the foregoing laws and regulations is strictly prohibited. By downloading, purchasing or using any software from this Website, you acknowledge that you have read and understood this notice and agree to comply with all applicable export laws and regulations as further detailed in the applicable license agreement.

11. Forward-looking and Cautionary Statements
Except for historical information and discussions, statements set forth throughout this Website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the U.S. Securities and Exchange Commission. Please see the Investor Relations section on the Gen Digital Website for copies of such filings.

12. DISCLAIMER OF WARRANTY
USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. GEN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, GEN MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. GEN ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR DOCUMENTS REFERENCED BY OR LINKED TO THIS SITE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GEN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF GEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

14. Disputes; Mandatory Arbitration.
Most disagreements can be resolved informally and efficiently by contacting our support teams.

If you are a U.S. visitor of the Website:

1. You and Gen agree that any dispute, claim or controversy arising out of or relating in any way to your access to and use of the Website (a “Claim”) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.
2. Small Claims Court. Either of us can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied, including any limitations on jurisdiction and the amount at issue in the dispute. Either of us may seek to have a Claim resolved in small claims court in your county of residence or in the Superior Court of California, County of Santa Clara.
3. Arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Gen are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.
4. Notice of Claim. If you elect to seek arbitration, you must first send to Gen, by certified mail, a written Notice of Your Claim ("Notice of Claim"). The Notice of Claim to Gen should be addressed to: General Counsel, Gen Inc., 60 Rio Salado Pkwy #1000, Tempe AZ 85281, and should be prominently captioned “NOTICE OF CLAIM.” The Notice of Claim should include both the mailing address and email address You would like Gen to use to contact you. If Gen elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to the address you provide to us in your Notice of Claim. A Notice of Claim, whether sent by you or by Gen, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific amount of damages or other relief sought ("Demand"); and (c) whether you reject any subsequent modification of this Section by Gen.
5. Arbitration Proceedings. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice of Claim is received, you or Gen may commence an arbitration proceeding (or, alternatively, file a claim in small claims court). You may download or copy a form of notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Consumer or Commercial Arbitration Rules, as appropriate, of the American Arbitration Association ("AAA") (collectively, the "AAA Rules"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Gen and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim. If your claim is for U.S. $10,000 or less, Gen agrees that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then We will pay you, in addition to the award, either U.S. $500 or 10% of the amount awarded, whichever is greater.
6. Injunctive and Declaratory Relief. Except as provided in Section 14(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or Gen and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Gen prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.       
7. Arbitration Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee but Gen will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeded the fee for filing a complaint in a federal or state court in your county of residence or in Santa Clara County, California. Gen will not seek to recover the administration and arbitrator fees we are responsible for paying under the AAA Rules or these Terms of Use, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
8. Class Action Waiver. YOU AND WE AGREE THAT WE EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If you have elected arbitration, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 14 (Disputes; Mandatory Arbitration) shall be null and void.
9. Changes. If we change this Section 14 after the date you first accepted these Terms, and you have not otherwise affirmatively agreed to such changes, you may reject any such change by so stating within Your Notice of Claim. By failing to reject any changes to this Section 14 in Your Notice of Claim, you agree to resolve any Claim between you and us in accordance with the terms of the dispute resolution section in effect as of the date of Your Notice of Claim.    

15. Entire Agreement and Applicable Law
Except as otherwise required herein or by law, these terms are governed by the laws of the State of California, United States of America. If any term in these Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under these Terms of Use.