Cisco Webex Perks Terms of Service
These Cisco Webex Perks Terms of Service (“Terms of Service”) govern your: (i) access to and use of the Cisco Webex Perks site (“Site”), and (ii) use of the services and perks provided at Site as described in more detail below, and as changed, modified or terminated from time to time (“Perks”). By accessing and using Site and Perks, you agree to be bound by the Terms of Service with Cisco Systems, Inc. (“Cisco”). If you are accepting the Terms of Service on behalf of an entity, you represent that you have the authority to do so (either you or the entity (if you are accepting for an entity), “Participant” or “You”).
1. Perks
Site available at https://perks.webex.com is a website developed by Influitive for Cisco to provide customers of Cisco Webex (available at www.webex.com) with the Perks.
2. Eligibility
The Site and Perks are open to Participants who at the time of entry are: (1) 13 years old or older; and (2) customers of Cisco Webex. The Site and Perks are not open to: (1) employees or internally contracted vendors of Cisco or its parent/subsidiaries, agents and affiliates; (2) the immediate family members or members of the same household of any such employee or vendor; (3) anyone professionally involved in the development or administration of the Site and Perks; (4) employees or internally contracted vendors of governments and government-affiliated companies or organizations; or (5) any employee whose employer’s guidelines or regulations do not allow joining the Site or accepting the Perks. The Site and Perks are currently open only in the 50 United States and District of Columbia.
3. Joining the Site and Perks
To join the Site and Perks, visit https://perks.webex.com, accurately and truthfully complete the online registration form, agree to these Terms of Service, and follow the other instructions at the website listed above.
4. Perks
Subject to the terms and conditions of these Terms of Service, and once confirmed by Cisco, as part of the Perks provided at the Site, Participants will be able to accrue points and win prizes by completing challenges and winning contests conducted at the Site. Only Participants who are paid customers of Webex can redeem accrued points for rewards as described at the Site. No reseller of Cisco products or services can redeem accrued points for rewards as described at the Site. Rewards will be featured at various specified price points and in limited quantities as set forth at the Site.
5. Use of Data
Cisco will handle all Data (as defined below) in accordance with the Cisco Online Privacy Statement located at https://www.cisco.com/c/en/us/about/legal/privacy-full.html. “Data” means any data and content uploaded, posted, transmitted or otherwise made available by Participants via Site and Perks, including messages, files, profile information and anything else entered or uploaded into Site by a Participant.
6. Taxes
Participant is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Participant's joining the Site and using the Perks.
7. Changes to Terms of Service
Cisco may amend the Terms of Service from time to time. If You do not agree with such changes, You should discontinue using Site and Perks. Your continued use of Site and Perks will mean that You agree to such changes to the Terms of Service.
8. Your Obligations
8.1 You may not use Site and Perks to advertise, promote, endorse or market, directly or indirectly, any products, services, offerings, solutions or other technologies that, in Cisco's sole discretion, compete with the products, services, offerings, solutions or technologies of Cisco.
8.2 You may not use any Cisco Data or other Participant's Data from Site and Perks in any advertisements or for purposes of targeting advertisements.
8.3 You may not use contact information of other Participants of Site and Perks to contact such Participants outside of Site without their consent.
8.4 You acknowledge and agree that Cisco is not responsible for Your conduct or the conduct of any other Participant of Site.
8.5 You are solely responsible for Your interactions with other Participants of Site.
9. Disclaimer of Warranties
CISCO PROVIDES SITE AND PERKS ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, AND ACCURACY, ARE HEREBY EXCLUDED AND EXPRESSLY DISCLAIMED BY CISCO. NO PERKS THAT YOU RECEIVE FROM SITE SHALL CREATE ANY WARRANTY.
10. Indemnity
You agree to defend, indemnify and hold Cisco, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, action or demand (including reasonable attorneys' fees) any third party may have arising out of or related to: (i) Your use of Site and Perks; (ii) Your breach of these Terms of Service; and (iii) Your Data.
11. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CISCO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE SITE AND/OR PERKS, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CISCO’S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (USD $100.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Term and Termination
The Terms of Service start on the date You begin using Site and Perks and end when Your use of Site and Perks are discontinued. Cisco may modify or terminate the Perks or stop maintaining Site at any time and without notice. Cisco may immediately suspend or terminate Your access to Site and Perks if You violate or otherwise fail to comply with these Terms of Service. The following Sections survive any termination of these Terms of Service: 5-13.
13. General
These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, excluding its conflict of laws provisions. If any provision of these Terms of Service is judged illegal, invalid, or otherwise unenforceable, that provision shall be severed and the rest of these Terms of Service shall remain in full force and effect. No failure by Cisco to enforce any of its rights related to the Site, and/or Perks or to a breach of these Terms of Service in a particular situation will act as a waiver of such rights.