MapR Converge Community Code of Conduct and Terms of Use for Website and Community

Document created by maprcommunity Employee on Dec 29, 2015Last modified by aalvarez on Mar 29, 2017
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Welcome to the Converge Community!

Whether you are new to big data, Apache Hadoop or the MapR Converged Data Platform or are on your way to becoming an expert, we welcome your voice in the Converge Community. This community is designed to empower developers, administrators and data analysts to develop and run data applications by asking and answering questions, sharing ideas and learning together.

 

Review and follow the Code of Conduct and Terms of Use below to help make this a productive and positive place where we all treat each other fairly and with respect. We are glad that you are here and look forward to your active participation in the community.

 

The Converge Community Code of Conduct

The MapR Community is intended for business use and your use of the community is subject to this Code of Conduct and the Terms of Use listed below. Content is shared by data professionals, MapR customers, MapR Academy students, MapR employees, and MapR partners -- all are welcome. To make this a productive and supportive community, we request that members follow these guidelines:

 

1. Be professional and stay on target

All posted content should be appropriate for all users who can view it (this is a public site). We encourage all points of view and constructive debate is encouraged. Rudeness is not acceptable. We will remove any content that is derogatory, abusive, offensive, obscene, violent or inappropriate. Interact with other members respectfully, just as you would in a workplace.

 

  • Post content that is related to big data, Apache Hadoop and MapR products and services
  • Refrain from using this community for advertising or solicitation.
  • Don't abuse other's copyrights by using their material without appropriate permission and attribution.
  • Don't release confidential, personal, or private information.
  • Don't store, post, acquire or in any way use illegal or inappropriate files or information.

 

2. Give and take

Building a strong community requires that we all do our part. If someone helped you when you first joined the community, pay it forward by answering questions, marking answers as correct, linking to relevant content and generally being a good citizen.

  • Be patient and welcoming to new members.
  • Respond in a timely manner when questions are asked of you directly.
  • Participate when you have something useful to offer.
  • Support others by liking, sharing and responding to their content. Encourage positive behavior.

 

3. Be yourself

Be yourself. Don't act differently just because you are online. You are encouraged to build your profile and presence and share your photo, company, bio, skills and expertise and more. You control how much of your profile people see (profile privacy settings).

 

  • Profile photos should be business appropriate.

4. Be respectful, honest and accurate

The MapR Community is designed as a place to share accurate and useful information. You are personally responsible for your postings, so ensure they are truthful, respectful and appropriate.

 

  • Respect other members' privacy. Do not post or send a reply that includes another member's email address, phone number, or other personal information. You can@Mention members to reference them.
  • Remember that this is a global community. Members are from different companies, cultures and countries and have different practices, policies, and approaches than yourself.
  • Avoid irony and sarcasm as it can be misinterpreted in online communications.

 

We trust you will follow by these guidelines. However, if you choose to act in ways that violate the code of conduct, the Community Team reserves the right to suspend you from the community.

 

Posting Content

Most of the places in the MapR Community are public as is any content posted in those places. Exceptions to this are the Technical Partner Portal and the Channel Partner Portal which are only accessible by approved MapR Partners. The MapR Community is an open website that is indexed by search engines such as Google. Participation in the MapR Converge Community is voluntary.

 

DO NOT post or attach the following:

  • Software files (compressed or uncompressed)
  • Files that require an End User License Agreement (EULA)
  • Confidential information
  • Personal data you do not want publicly available
  • Another’s personally identifiable information
  • Copyrighted materials without the permission of the copyright owner

 

MapR Website and Community Terms of Use

 

Last Updated: February 19, 2016

 

Welcome, and thank you for your interest in MapR Technologies, Inc. a Delaware company with offices at 350 Holger Way, San Jose, CA 95134 (“MapR,” “we,” or “us”) and our website at www.mapr.com, along with our related websites, networks, applications, and other services provided by us (collectively, our “Service”). Our Service also includes the MapR developer community, which contains resources for the purpose of sharing knowledge, expertise and ideas about MapR products and related big data technologies (“MapR Community”). These Terms of Use are a legally binding contract between you and MapR regarding your use of the Service.

 

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

 

BY REGISTERING FOR AN ACCOUNT ON THE MAPR COMMUNITY OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE MAPR PRIVACY POLICY (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.

 

These Terms provide that all disputes between you and MapR will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with MapR.

 

1. MapR Community. The MapR Community is owned and operated by MapR for the purpose of sharing knowledge, expertise and ideas about MapR products and related big data technologies. The MapR Community provides MapR release and product information, training discussions, questions and answers, ideas, and MapR news for big data developers, administrators, data analysts and other IT professionals. The content in the MapR Community is not provided, reviewed, approved or endorsed by MapR and is provided solely as a convenience to the general public, customers and partners. All postings and use of the content on this site are subject to these Terms.

 

2. Eligibility. You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

 

3. Accounts and Registration.

3.1 MapR Accounts. There is no obligation to create a user account (“MapR Account”) to view content on the Service, including the MapR Community. Public content can be viewed without creating an account. In order to participate in the MapR Community, you must: (a) personally provide true, accurate, current and complete information on the MapR Account registration form; and (b) maintain and promptly update the MapR Account information as necessary to keep it true, accurate, current and complete. If, after investigation, MapR has reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, MapR may suspend or terminate your account and prohibit any and all current or future use of the MapR Community (or any portion thereof) by you other than as expressly provided herein.

 

3.2 Required Information. Each user is required to enter the following in order to create a MapR Account which grants access to the MapR Community along with other parts of the Service:

    • E-mail (must be a company e-mail in order to be granted Premium Support Customer or MapR Partner status) and partner
    • Password
    • User Name (will be displayed publicly in the community)
    • Company (can be ‘none’ if user is not employed by a company)

 

3.3 Premium Support. Premium Support customers and partners are required to provide additional information in order to gain access to private content in the MapR Community and/or the Premium Customer Support Portal. 

 

3.4 Responsibility. Upon completing the MapR Account registration process, you are wholly responsible for maintaining the confidentiality of your password and wholly liable for all activities occurring under your MapR Account. MapR cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 3.4, including any loss or damage arising from your failure to: (1) immediately notify MapR of any unauthorized use of your password or account or any other breach of security; and (2) ensure that you exit from your account at the end of each session.

 

4. User Content

4.1 User Content Generally. Certain features of the Service, including the MapR Community, may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.

 

4.2 Limited License Grant to MapR. By posting or publishing User Content, you grant MapR a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

 

4.3 Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

 

4.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:

 

a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize MapR and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by MapR, the Service, and these Terms; and

 

b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: ( i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause MapR to violate any law or regulation.

 

4.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. MapR may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against MapR with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, MapR does not permit copyright-infringing activities on the Service.

 

5. General Practices Regarding Use and Storage. MapR may establish general practices and limits concerning use of the MapR Community. While MapR will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, MapR has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the MapR Community or any other party of the Service. MapR reserves the right to mark as "inactive" and archive accounts and/or User Content that are inactive for an extended period of time. MapR reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 9.

 

6. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

6.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;

 

6.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

 

6.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

 

6.4 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

 

6.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;

 

6.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

 

6.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Material; or

 

6.8 attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.

 

7. Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting MapR here: http://info.mapr.com/ContactUs.html. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, MapR may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

 

8. Privacy Policy; Additional Terms

 

8.1 Privacy Policy. Please read the MapR Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The MapR Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

 

8.2 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 10. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

 

9. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

 

10. Ownership; Proprietary Rights. The Service is owned and operated by MapR. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by MapR are protected by intellectual property and other laws. All Materials included in the Service are the property of MapR or our third-party licensors. Except as expressly authorized by MapR, you may not make use of the Materials. MapR reserves all rights to the Materials not granted expressly in these Terms.

 

11. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant MapR an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

 

12. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify MapR and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “MapR Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

13. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MAPR ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE MAPR ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MAPR ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

14. Limitation of Liability

IN NO EVENT WILL THE MAPR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MAPR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

 

EXCEPT AS PROVIDED IN SECTION 18.4(iii), THE AGGREGATE LIABILITY OF THE MAPR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MAPR FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

15. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and MapR agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

 

16. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and MapR regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, 4, and 5 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.

 

17. Dispute Resolution and Arbitration

 

17.1 Generally. In the interest of resolving disputes between you and MapR in the most expedient and cost effective manner, you and MapR agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MAPR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

17.2 Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

 

17.3 Arbitrator. Any arbitration between you and MapR will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting MapR.

 

17.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). MapR's address for Notice is: MapR Technologies, Inc., 350 Holger Way, San Jose, CA 95134. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or MapR may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MapR must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, MapR will pay you the highest of the following: ( i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by MapR in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

 

17.5 Fees. If you commence arbitration in accordance with these Terms, MapR will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse MapR for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

17.6 No Class Actions. YOU AND MAPR AGREE THAT 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. Further, unless both you and MapR agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

17.7 Modifications to this Arbitration Provision. If MapR makes any future change to this arbitration provision, other than a change to MapR's address for Notice, you may reject the change by sending us written notice within 30 days of the change to MapR's address for Notice, in which case your account with MapR will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

 

17.8 Enforceability. If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms.

 

18. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

19. Contact Information. The Service is offered by MapR Technologies, Inc, located at 350 Holger Way, San Jose, CA 95134. You may contact us by sending correspondence to that address or by contacting us here: http://info.mapr.com/ContactUs.html

 

 

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