Effective Date: December 8, 2025

These website Terms of Use (“Terms”) set forth a legally binding agreement between you and the DDN group of companies which includes DataDirect Networks, Inc. and its subsidiaries and affiliates, including, but not limited to, Tintri by DDN, Inc., Nexenta by DDN, Inc. and IntelliFlash by DDN, Inc. (collectively, “DDN,” “we,” “our,” or “us”). These Terms govern your access and use of our website (ddn.com) as well as all related websites, networks, applications, where a link to these Terms is displayed (collectively, our “Solutions”). If you are entering into these Terms on behalf of a company, business or other legal entity (“you” or “your”), you represent that you have the authority to bind such entity to these Term, in which case the term “you” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Solutions. The Solutions are offered to you conditioned on your acceptance of these Terms and your use of our Solutions constitutes your agreement to these Terms.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SOLUTIONS, YOU ACCEPT AND ARE BOUND BY THESE TERMS. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING DDN’S LIABILITY (Section 7) AND REQUIRING MANDATORY ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE DISPUTES (Section 8). Unless you opt out of arbitration within 30 days of the date you agree to these Terms, you agree that any dispute that cannot be informally resolved between us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit.

These Terms may change over time, in which case we will post the modified Terms on this page and change the Effective Date. Your continued use of the Solutions following a change to these Terms signals your acceptance of the modification(s).

In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Solutions (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

You agree that personal information you provide through the Solutions shall be governed by our Privacy Policy, which is hereby incorporated and made part of these Terms.

Users located outside of the United States of America (including, the EU, UK, Australia, Japan, and Canada) should refer to Section 13 for additional information. You understand that your rights related to your use of the Solutions may depend on where you reside.

1. Use of the Solutions

Content. The Solutions may contain (i) materials and other items relating to DDN and its Solutions including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Solutions; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of DDN; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Solutions and the Content is the property of DDN, our licensors, or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws, to the fullest extent possible. 

Limited License. Subject to your strict compliance with these Terms, DDN grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Solutions, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial (except as set forth in an active customer agreement) use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Solutions or any Content; and (ii) may be immediately suspended or terminated for any reason, in DDN’s sole discretion, and without advance notice or liability. Your unauthorized use of the Solutions or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  

Restrictions. You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Solutions and Content. You further agree that you will not (i) engage in any activity in connection with the Solutions or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to DDN; (ii) harvest any information from the Solutions or Content; (iii) infringe any intellectual property or other right of any third party; (iv) reverse engineer or modify the Solutions or Content (except where permitted by applicable law); (v) interfere with the proper operation of the Solutions or its security features; (vi) use the Solutions or Content in a manner that suggests an unauthorized association with DDN or any other party, or is beyond the scope of the limited license granted to you; or (vii) otherwise violate these Terms. If you access, register an account, or otherwise use the Solutions, you represent you are at least the age of majority in your jurisdiction. The Solutions are not intended for children under the age of 13 and we do not knowingly collect personal information online from individuals under the age of 13. If we become aware that we have obtained personal information from a child under the age of 13, we will delete such information in accordance with applicable law.

Requests and Notifications. You agree to cooperate with all reasonable requests from DDN and to notify DDN promptly upon learning of any actual or suspected unauthorized use or abuse of the Solutions or Content, or if you breach these Terms. 

Reservation of All Rights. All rights not expressly granted to you are reserved by DDN and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Solutions or Content for any purpose is prohibited.

2. Access to the Solutions

Accounts. In order to access and certain features of the Solutions, you may be required to register and create an account (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information about yourself and update it as necessary; (ii) maintain the security of your Account; and (iii) immediately notify us of any unauthorized use of your Account or any other breach of Account security. We reserve the right, in our sole discretion, to accept or reject your registration to create an Account or to access the Solutions.

Availability. The Solutions may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of DDN, access to the Solutions may be interrupted or suspended from time to time. DDN shall have the right at any time to change or discontinue any aspect or feature of the Solutions, including, but not limited to, Content, availability, and equipment needed for access or use.

Access. You are responsible for making any arrangements necessary for you to have access to the Solutions including any software, hardware, interconnections, fees, expenses, costs, and taxes.

Termination. These Terms commence on the day that you accept them and will continue in effect until we terminate these Terms or your Account, or you request to close and delete your Account by contacting us at legal@ddn.com with the subject line “CLOSE AND DELETE ACCOUNT.” DDN reserves the right to terminate your access or use of the Solutions at any time: (i) in its sole discretion; (ii) if you breach any provision of these Terms; or (iii) if you violate any applicable law(s). You acknowledge and agree that DDN will not be liable to you or any third party for any termination of your access or use of the Solutions or an Account. Any such termination will automatically terminate all rights and licenses granted to you under these Terms, including all rights to access or use the Solutions. In the event of any termination, all provisions of these Terms whose meaning requires them to survive will accordingly survive (including indemnity and limitation of liability, for example).

Feedback. You agree that DDN is free to use any ideas, concepts, or techniques that you send to DDN through the Solutions (collectively, “Feedback”), for any purpose, including, but not limited to, developing and marketing efforts that incorporate such Feedback. By providing any Feedback, you grant DDN and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Feedback for any purpose.

3. Digital Millenium Copyright Act

Notification Procedures.We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Solutions infringe your copyright, you may request removal of those materials (or access to them) from the Solutions by submitting written notification to the e-mail address listed in “DMCA Contact Information” below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification and description of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Solutions, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Solutions is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy to disable or terminate, in appropriate circumstances, any user’s access to the Solutions or Account in the event of repeated infringing activity, and DDN reserves such rights.

Counter-Notification Procedures. If you believe that material you posted on the Solutions was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to the e-mail address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate and current information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
• A statement by you, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Solutions may be found) and that you will accept service from the person (or an agent of that person) who provided the Solutions with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) to fourteen (14) days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Solutions was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

DMCA Contact Information. If you believe your copyright material is being used on the Solutions without permission, send DMCA Notice and Counter-Notices to our designated agent for notice of alleged copyright infringement at:

By Email: legal@ddn.com
By Mail: DDN Legal Department
Attn: General Counsel
9351 Deering Ave.
Chatsworth, CA 91311
Phone: (818) 700-4000

4. Generative Artificial Intelligence

Disclaimer. Please note that certain features on the Solutions (including our website) include AI functionality (“AI Features”), including our “Pax AI” Chatbot (“Chatbot”). By using the AI Features, you are interacting with DDN’s Generative AI platform and not a live person, and you are subject to these Terms of Use and our Privacy Policy. Do not provide confidential or proprietary information when using the Chatbot. Use of the AI Features is for general information only; please understand that information, decisions, or advice provided by the AI Features or any materials retrieved therefrom, including those to any third party, have not been reviewed for content or accuracy. Note also that some technologies used on the Solutions, including the Chatbot, allow us and our service providers to monitor and analyze how visitors use our Solutions to better understand user behavior and improve the Solutions. When you interact with us online, information related to your behavior may be collected by us and our service providers.

Generative AI Services. You agree that (i) our AI Features, including the Chatbot functionality use experimental, unsupervised technology and may sometimes provide inaccurate or offensive content that does not represent DDN’s views; (ii) information provided to our AI Features may be used to continuously train the AI Features; (iii) submission of confidential or proprietary information could be compromised if submitted to the AI Features and should not be submitted unless such use is expressly permitted; (iv) our AI Features may at times reproduce copyrighted material used as training data in response to an inquiry, and care should be taken in copying and further distributing content created by any AI Features, such as ensuring that no copyright information appears on outputted work and ensuring no other obvious signs show that the outputted work belongs to a third party; (v) if you use the AI Features, you assume all responsibilities and obligations with respect to the results, any decisions or advice made or given, and any materials retrieved therefrom, including those to any third party, for the content, accuracy, and review of such results, and you should therefore use discretion before relying on, publishing, or otherwise using content provided by the AI Features; (vi) you will not rely on the AI Features for medical, legal, financial, or other professional advice, and any content regarding those topics is unintentional, provided for informational purposes only, and is not a substitute for advice from a qualified professional; and (vii) if you have questions regarding the AI Features or if you require further information you may contact us at legal@ddn.com with the subject line “AI Features Help.”

5. Reliance on Solutions Content and Content Accuracy

DDN will use reasonable efforts to include accurate and current information on the Content and Solutions, but there may be occasions when information on the Content or Solutions contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. DDN reserves the right to correct any errors and to update Content or the Solutions at any time.

DDN assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Solutions. Any reliance you place on such information is strictly at your own risk. DDN disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Solutions, or by anyone who may be informed of any of its Content.

The Solutions may include Content provided by third parties. All statements or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by DDN, are solely the opinions and the responsibility of the person or entity providing those materials.

6. Warranty Disclaimer

THE SOLUTIONS, THEIR CONTENT, AND THEIR LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DDN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SOLUTIONS (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Limitations on Liability and Remedies

DDN’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH DDN (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOLUTIONS OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SOLUTIONS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DDN, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SOLUTIONS, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOLUTIONS. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DDN HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DDN’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF DDN WILL BE LIMITED TO ANY AMOUNT PAID TO DDN BY YOU IN CONNECTION WITH THE PRODUCTS OR SERVICES THAT UNDERLIE THE CLAIM IN THE LAST TWELVE (12) MONTHS.

Waiver of Injunctive or Other Equitable Relief

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY DDN.

8. Dispute Resolution; Mandatory Binding Individual Arbitration; Class Action Waiver

Binding Contract. You acknowledge that these Terms are a contract between you and DDN, even though it is electronic and is not physically signed by you and DDN, and it governs your use of the Solutions.

Arbitration. Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and DDN expressly agree and intend that this section satisfies the “writing” requirement of the FAA. This section can only be amended by mutual agreement. For purposes of this section, “Claims” means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Solutions, including any and all contents, materials and software related thereto, or (ii) your use of the Solutions.

Informal Dispute Resolution. If any Claim arises out of or relates to the Solutions or these Terms, other than as may be provided herein, then you and DDN agree to send notice to the other providing a reasonable description of the Claim, along with a proposed resolution of it. DDN’s notice to you will be sent based on the most recent contact information that you provided DDN. If no such information exists or if such information is not current, DDN has no obligation under this section. During the 60 days following the date your notice of dispute is received by DDN, you and we agree to engage in good faith efforts to resolve the Claim informally and you will not initiate any legal action during this period. You and we agree to toll any statutes of limitations that may apply, along with any filing deadlines during this 60-day time period. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph.

Applicable Law. If you and DDN cannot resolve a Claim, within sixty (60) days of the receipt of the notice, then you agree that that any such Claim and all other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any argument that all or any part of these Terms is void or voidable, or whether a Claim is subject to arbitration relating to your use of the Solutions, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, you and DDN agree that California state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or disputes arising between you and DDN regarding these Terms and the Solutions, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow these Terms as a court would. THIS SECTION, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OF THESE TERMS, YOUR ACCOUNT OR THE SOLUTIONS. Notwithstanding the forgoing, these Terms shall not require arbitration of the following disputes (i) qualifying individual disputes in small claims court in the county of your or DDN’s billing address. and/or (ii) injunctive or other equitable relief in a court of competent jurisdiction in California for the alleged unlawful use of intellectual property.

Arbitration Request. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to DDN at 9351 Deering Avenue, Chatsworth, California 91311.  Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. The arbitration shall take place in Chatsworth, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and https://www.jamsadr.com. Except in the event of a Mass Arbitration (as defined below), You and DDN agree to meet and confer to select a neutral arbitrator. If we are unable to agree on an arbitrator or arbitration firm, you and DDN agree that the Claim shall be submitted to binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures as modified by these Terms, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

In the event twenty-five (25) same or more similar disputes sharing common issues of fact or law are asserted against DDN at or around the same time by the same or coordinated counsel or are otherwise consistent or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that the JAMS Mass Arbitration Procedures and Guidelines shall apply.

Further, if your dispute is part of a Mass Arbitration, you agree that DDN, in its sole discretion, may elect to opt your disputes out of arbitration and require the Dispute to proceed in a court of competent jurisdiction in Los Angeles County, California consistent with the remainder of this Agreement, including the class and collective action waiver.

CLASS AND COLLECTIVE ACTION WAIVER. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND DDN AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SOLUTIONS IS PERSONAL TO YOU AND DDN AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A COLLECTIVE ACTION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. If there is a final determination that applicable law precludes enforcement of the Class Waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

TERMINATION OF RIGHTS. ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SOLUTIONS OR CONTENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND DDN WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

30 DAY OPT-OUT RIGHT. You have the right to opt out and not be bound by the binding arbitration by sending an email to legal@ddn.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the remainder of these Terms, including Section 12 (Miscellaneous). The opt-out notice must be sent within 30 days from the date you first accepted the terms of this Section.

Nothing in these Terms (including this Section 8) shall deprive any non-US resident of: (i) the benefit of any overriding mandatory rights and protections given to them by the laws of the jurisdiction in which they are resident; or (ii) the right to bring and/or defend claims in their local courts to the extent required by local laws.

9. Indemnification

You agree to defend, indemnify, and hold harmless DDN from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Solutions; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (v) any misrepresentation made by you. DDN reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with DDN’s defense of any claim. You will not in any event settle any claim without the prior written consent of DDN.

10. Third-Party Sites and Other Information

The Solutions may contain, as a convenience to you, content, links, and other information submitted by third parties over whom DDN has no control or responsibility. DDN has no obligation to monitor, control, or restrict the use of the Solutions, or third-party websites or services accessible via links available as part of the Solutions. These other websites or services are not under DDN’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with DDN, DDN is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by DDN or any association with its operators. Further, you may not hyperlink or provide references to the Solutions without prior written consent from DDN. DDN bears no responsibility for websites that provide hyperlinks or references to the Solutions.

11. Electronic Communications

By creating an account through the Solutions, you consent to receive electronic communications from DDN (e.g., SMS or text messaging, telephone, via email, or by posting notices on our Solutions). These communications may include notices about your account (e.g., authentication, payment authorizations, password changes and other transactional information) or legal notices and are part of your relationship with us. When permitted by applicable law, we may also send you promotional communications via email, including newsletters, special offers, surveys and other information we think may be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such emails. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

12. Miscellaneous Provisions

Relationship between the Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DDN as a result of your use of the Solutions.

Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. DDN may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of DDN.

Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Solutions and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Solutions. Except as expressly set forth in these Terms, (i) no failure or delay by DDN in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by DDN.

Investigations; Cooperation with Law Enforcement. DDN reserves the right to investigate and prosecute any suspected or actual violations of these Terms. DDN may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

Governing Law. These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles and the parties agree to the exclusive jurisdiction of the state and federal courts in Los Angeles County. You hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.

13. International Users

To the extent this Section 13 is in conflict or inconsistent with other provisions contained in these Terms, this Section 13 governs.

All parts of these Terms apply to the maximum extent permitted by applicable law. However, you may have greater rights in your jurisdiction of residence. If, in any jurisdiction, any provision of these Terms or their application to any party or circumstance is restricted, prohibited, or unenforceable, that provision will, as to that jurisdiction, be ineffective only to the extent of the restriction, prohibition, or unenforceability without invalidating the remaining provisions of these Terms and without affecting the validity or enforceability of such provision in any other jurisdiction or affecting its application to other parties or circumstances.

14. Contact Information

If you have any questions regarding these Terms or the Solutions, you may contact us by email at privacy@ddn.com.