Effective: August 20th, 2024

These Website Terms of Use (“Terms of Use”) are legally binding between you and New Relic Inc. and its affiliates and subsidiaries (“we”, “us”, “our”, “New Relic”) and apply to any area of the New Relic website located at www.newrelic.com and all associated sites of New Relic, including any AI Chatbots used on the foregoing and areas of sites that link to these Terms of Use (collectively, “Sites”). These Terms of Use do not apply to your use of the Service as defined in the New Relic terms and as otherwise made available on one.newrelic.com, Reli-birds, available at https://relibirds.newrelic-es.com/, or our community forum, Explorer’s Hub, available at https://forum.newrelic.com/s/.

1. ACCESSING AND USING OUR SITE. 

By using the Site, you agree to be bound by these Terms of Use and our Acceptable Use Policy, and represent that you are at least 18 years of age. We reserve the right to update the Terms of Use at any time without notice. Your continued access or use of the Site following updates to these Terms of Use will constitute your acceptance of any updates. We reserve the right to amend, update and withdraw the Site, and any service or content we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. 

If you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Any accounts you create are specific to the user and you must not provide any other person with access to this Site or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Except where applicable laws require us to obtain your consent in another manner, and subject to the consent preferences you communicate to us, your use of this Site signifies consent to the collection, use, transfer, share, store, and disclosure of your information as set forth in our General Data Privacy Notice. For more information about our use of cookies and other similar technologies, please review our Cookie Policy. 

2. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make non-commercial use of the Site. The licenses granted by us terminate if you do not comply with these Terms of Use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, you are prohibited from accessing the Site and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are retained by us or our licensors or other rights holders. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use. You must not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site unless authorized under these Terms of Use.

You must not use our name, marks, logos, or related names, logos, product and service names, designs, or slogans without our prior written permission and in accordance with our Trademark Guidelines.

3. USER CONTENT  

We may include features on the Site that allow you to input and share your communications, information, photos or other content (“User Content”) with us, our third party service providers, and with other users of the Site. You must not send, upload or transmit any User Content of any type that infringes or violates any rights of any party or violates these Terms of Use. By providing any User Content on the Site you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content anywhere in the world and through any media for any purpose. 

You represent and warrant that:

• You own or control all rights in and to the User Content and have the right to grant the license granted above. 
• All of your User Content does and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We assume no responsibility to monitor or filter any User Content posted, and we reserve the right to take any reasonable action we deem appropriate in regards to User Content that does not comply with these Terms of Use.

4. PROHIBITED USES

You may use the Site, only for lawful purposes and in accordance with these Terms of Use and our Acceptable Use Policy. In addition to the restrictions contained in our Acceptable Use Policy, You must not use the Site:

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.
• To express or imply that we endorse any statement or posting you make, or any products or services you may offer.
• To scrape, extract or attempt to discover or reverse engineer any underlying components, including any underlying components of any generative AI models, algorithms, and systems.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Otherwise attempt to interfere with the proper working of the Site.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
• Remove any copyright, trademark or other proprietary rights notices from the Site or from materials originating from the Site.

5. AI CHATBOT USE

Through your use of the Site, New Relic may provide you the opportunity to engage with an artificial chatbot within our Site that is provided by a third party (“AI Chatbot”). The AI chatbot is an automated system powered by a third party and is designed to answer your questions related to the service and product offerings of New Relic and to provide you information and assistance on how to learn more about and how to sign up and use the New Relic services. You are in no way obligated to use the AI Chatbot and are fully responsible for the User Content inputted into the AI Chatbot in accordance with these Terms of Use. We reserve the right to modify, add or delete individual or all AI Chatbot functionalities or to suspend or discontinue the AI Chatbot temporarily or permanently without notice. 

While we strive to provide accurate information through the AI Chatbot, we cannot guarantee the accuracy or the completeness of the information provided. You should evaluate the accuracy of any output as appropriate for your question or use case, including by using human review of the output. We reserve the right to monitor inputs and outputs to help prevent abusive or harmful uses or outputs.

6. ENFORCEMENT AND TERMINATION OF SITE USE

We have the right to remove or refuse to post any User Content for any reason at our sole discretion. In addition, we have the right to:

• Disclose your identity or other information about you (1) to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and (2) as applicable to cooperate with any law enforcement authorities or court order. 
• Take appropriate legal action for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any reason.

7. INDEMNIFICATION. 

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with the Site or any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms of Use.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.

The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, aggregators, and/or reporting services. All statements expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. 

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

TO THE FULL EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." NEW RELIC AND ITS THIRD-PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. NEW RELIC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, ACCURACY OR COMPLETENESS OF THE SITE, THAT NEW RELIC WILL CONTINUE TO OFFER THE SITE OR THAT USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS. You may have other statutory rights, in which case the disclaimers above will apply to the full extent permitted by law.

NEW RELIC’S ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). NEW RELIC WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS OR INTERRUPTION OF BUSINESS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH A CLAIM IS BROUGHT. These limitations and exclusions apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, and even if New Relic is informed of the possibility of such damages in advance. You understand that New Relic would not be able to provide the Site without the limitations and exclusions in this Section 8, which will survive and apply even if any limited remedy in these Terms of Use is found to have failed of its essential purpose.

9. GOVERNING LAW AND VENUE

These Terms of Use will be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located in San Francisco, California and both parties hereby submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, New Relic may bring a claim for equitable relief in any court with proper jurisdiction. 

10.  MISCELLANEOUS

If any provision of this Terms of Use is held invalid, illegal, or unenforceable, it will be limited to the minimum extent necessary so the rest of this Agreement remains in effect. Specific services, promotions and sections of this Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms of Use with respect to the items to which they apply. In the event of a conflict or inconsistency between these Terms of Use and any additional terms and requirements, the additional terms and requirements shall control.

The Site may include forward looking statements. Such information is provided for informational purposes only and should not be construed as an offer, commitment, promise or obligation on behalf of New Relic to sell securities or deliver any product, material, code, functionality, or other feature. 

11. ENFORCEMENT AND SEVERABILITY

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If any term or condition in these Terms of Use is deemed invalid, void, or unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

12.  CONTACT

The Site is operated by New Relic, Inc. located at 188 Spear St., Suite 1000, San Francisco, California 94105. 

All notices of copyright infringement claims should be sent pursuant to our DMCA Policy. It is our policy, in appropriate circumstances, to terminate repeat infringers.

You can report a violation of these Terms of Use to: AUP@newrelic.com. Or by mail at:

Attn: Legal

New Relic, Inc.

188 Spear Street, Suite 1200

San Francisco, CA 94105

 

Additional information on how to contact New Relic based on your question type can be found here. 

Effective Date: August 20th, 2024