Terms of Service for Sourcegraph.com

Last modified: April 22, 2019

Thank you for using Sourcegraph! This page lays out the basic terms and conditions that apply to your use of the applications, software, products, and services we make available at Sourcegraph.com.

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  • Sourcegraph.com: You're in the right place! Read on.

  • A private or self-hosted Sourcegraph instance: If you’d like to use a private or self-hosted Sourcegraph instance (e.g. one deployed via the docker run command in our Quickstart) to search, navigate, and analyze your private code, rather than the public Sourcegraph.com instance, or if you’d like to use any products (e.g. browser or editor extensions) developed and distributed by us for use with your private or self-hosted instance, please see our terms and conditions at https://about.sourcegraph.com/terms-private.

  • Sourcegraph OSS: It is possible to run a version of Sourcegraph without some Enterprise features from our open source code available at https://github.com/sourcegraph/sourcegraph. If you want to follow the instructions there to build and run Sourcegraph OSS from source, please see the open source license (Apache 2.0) at https://github.com/sourcegraph/sourcegraph/blob/master/LICENSE.apache.

  • Sourcegraph extensions: If you’d like to use any extensions made available via our Extension Registry, please understand that extensions made available by third-parties are not provided by us and are generally governed by separate terms and conditions. Extensions that are developed and distributed by us are governed by these terms and conditions.

  • Government: Certain features of our software may have their own terms and conditions that you must agree to when you sign up for that particular feature. As an example, if you’re using our software as an employee or contractor of the U.S. Government, our Supplemental Terms for U.S. Government Users at https://about.sourcegraph.com/terms-gov apply. Those terms and conditions supplement these terms and conditions.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE YOUR UNDERSTANDING OF EACH PROVISION. THE AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

0. Table of contents

Section Description
1. Definitions Definitions of specific terms used on this page
2. Account terms Your responsibilities to use Sourcegraph.com
3. Proprietary rights and licenses Your rights and ours when you use Sourcegraph.com
4. Usage data Data we collect on Sourcegraph.com
5. Privacy and security Our policies for protecting your data
6. Termination When and how your account can be terminated
7. No fees Sourcegraph.com is free
8. Third party services and software Our use of third party services and software
9. Copyright infringement and DMCA policy How we handle IP infringment
10. No warranties; disclaimer We make no warranties about Sourcegraph.com
11. Limitation of liability Our liabilities are limited
12. Indemnification Your usage of Sourcegraph.com is at your own risk
13. Location of the Services; export controls Usage restrictions in embargoed locations
14. Governing law; arbitration; and class action/jury trial waiver Where and how disputes would be handled
15. Miscellaneous Miscellaneous topics

1. Definitions

As used on this page, the following terms have the following specific meanings:

1.1 “Account” means the account you’ve created via the Site in order to use the Services.

1.2 “Agreement” means, collectively, the terms and conditions laid out on this page (these “Terms”), and all other applicable rules, policies, and procedures that we may publish from time to time on the Site, including but not limited to our Privacy Policy.

1.3 “Content” means any content displayed on the Site or made available through the Services, including but not limited to text (including Documentation), data (including Public Code Data), articles, images, photographs, videos, applications, software (including source code), and other materials, as well as the Services themselves (with respect to us).

1.4 “Documentation” means the documentation regarding the Services that we make available for use at https://docs.sourcegraph.com.

1.5 “Public Code” means the publicly available open source code that we analyze in order to provide you Public Code Data via the Services.

1.6 “Public Code Data” means the results of our analysis of Public Code, which we may provide to you from time to time via the Services.

1.7 “Services” means, collectively, the applications, software, products, and services provided by us on or for use exclusively in connection with the Site, including but not limited to our browser and editor extensions (to the extent exclusively connected to the Site and not a self-hosted instance).

1.8 “Site” means our website located at sourcegraph.com, and all content, services, and products provided by us at or through the Site (or any subdomain or successor site).

1.9 “Sourcegraph”, “we”, or “us” refers to Sourcegraph, Inc., as well as its affiliates.

1.10 “You” refers to the individual person, company, or organization that has visited or is using the Site or Services, that accesses an Account, or that directs the use of the Account. If you’re entering into the Agreement on behalf of your company or organization (your “Organization”), you represent and warrant that you’re authorized to bind that company or organization to the Agreement and that you’ve read, understood, and agree to be bound by the Agreement on that company or organization’s behalf.

2. Account terms

Short version: You – or the organization you work for – is responsible for your instance and its security, as well as everything posted on it. You must be 18 or over to use our services.

2.1 Account Responsibility and Security.

  1. Generally. If you’re entering into the Agreement on behalf of your Organization, your Organization has administrative control of all Accounts tied to the Organization. Only you may use your Account, and a single Account may not be shared by multiple people. You are, or your Organization is, fully responsible for your Account and all Content posted under it.

  2. Age Limitation. In order to create an Account or use our Services, you must be at least eighteen (18) years old and, in any event, we do not permit any users under thirteen (13) years old to use our Services for any purpose. If we discover that an Account is being used by a user under thirteen (13) years old, we will terminate that Account immediately without notice to you.

  3. Security. You’re responsible for the security of your Account when using our Services. While we may offer tools to help you maintain your Account’s security, these are not guaranteed to work. Accordingly:

    (i) you’re responsible for all Content posted under your Account (even if you didn’t post it);

    (ii) you’re responsible for maintaining the security of your Account and password and we have no liability of any kind for any loss or damage from your failure to secure them; and

    (iii) you must notify us immediately on becoming aware of any unauthorized use of or access to the Services through your Account.

2.2 Required Information. In order to register for an Account, you must provide all of the information we request during the onboarding process. We may use that information in accordance with our Privacy Policy.

3. Proprietary rights and licenses

Short version: You’re allowed to use the services for any reasonable purpose (e.g. don’t use it to host illegal content). Because the services are made available on a hosted basis, we – like most sites – will collect data about your use of the services (e.g., click rates and other metadata) and can use it to run our business. If you give us a great idea about how to improve our services, we can use it.

3.1 License from Us to You.

  1. Grant. Subject to the terms and conditions of the Agreement, we hereby grant to you a limited, revocable, non-transferable, non-sublicensable (except, with respect to Organizations, to your employees and contractors performing services for you or on your behalf) license to access and use the Services in order to review Public Code Data in the manner contemplated by the Agreement and the Documentation, solely for your internal business purposes. You may only use the Documentation to support your use of the Services. All rights in the Services and Public Code Data not expressly granted herein are hereby reserved by us.

  2. Restrictions. You may not, and may not permit any third-party to redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to all or any part of the Services or Public Code Data without our prior written approval.

3.2 License Grant from You to Us.

  1. User-Generated Content. Some areas of the Services allow users to post Content such as profile information, comments, reviews, etc. (“User-Generated Content” or “UGC”) (for clarity, this does not include Public Code that comes from a public code host). WE CLAIM NO OWNERSHIP OF YOUR UGC. However, you understand that other users may view and interact with your UGC in accordance with your Account settings, and you grant us rights reasonably necessary to do so. We have the right (but not the obligation) to remove any UGC at any time and for any reason.

  2. Grant. By posting UGC on or through the Services, you grant (and you represent and warrant that you have all rights necessary to grant) to Sourcegraph a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, and publish all such UGC via the Services (including your name, voice, and/or likeness as contained in your UGC), including for marketing and promotion.

  3. Representations and Warranties Regarding UGC. In connection with your UGC, you represent, warrant, and covenant that you have the right to post it, including written consent from anyone referenced or involved, it doesn’t violate any laws (such as IP or privacy rights), and we won’t have to pay anybody else (including you) in order to host it and make it available to other users.

  4. Responsibility for UGC. We take no responsibility and assume no liability for any UGC that you or any other user or third-party posts. You’re solely responsible for your UGC and the consequences of posting it, and you agree that we’re only acting as a passive conduit for your online distribution and publication of your UGC. You understand and agree that you may be exposed to UGC that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and we’re not liable for any damages you allege to incur as a result.

3.3 Ownership of the Services. The Services are owned and operated by Sourcegraph. All Content made available via the Services is owned by us or our licensors (including you, with respect to UGC) and is protected by intellectual property and other applicable laws. All of our trademarks, service marks, and trade names are proprietary to us or our affiliates.

3.4 Ideas. You may submit comments or ideas about the Services, such as how to improve it. By submitting a comment or idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the comment or idea without any additional compensation to you. By acceptance of your submission, we do not waive any rights to use similar ideas we already had or obtained from other sources.

3.5 Extensions. As described above, certain features of the Services may allow you to download software packages from the Extension Registry. These packages may be offered by us or by third-party providers. Packages made available by third-party providers are subject to separate terms and conditions and are not governed by these Terms.

4. Usage data

Short version: We have the right to collect usage data from Sourcegraph.com, as described in our Privacy Policy.

In the course of your use of the Services, we may collect certain information about your use, including aggregated data derived from you and other users’ access and use of the Services (“Usage Data”). You acknowledge and agree that Usage Data is owned solely and exclusively by us, and that we may use it for any legal purpose, including for purposes of operating, analyzing, improving, or marketing our products and services.

If we share or publicly disclose any information constituting or derived from Usage Data (e.g., in marketing materials), we will aggregate or anonymize that information to avoid identifying you or any other individual.

5. Privacy and security

Short version: Our privacy policy tells you what you need to know about how we use any personal information you provide to us. The internet is a dangerous place and, while we’ve instituted safeguards to protect your information, you understand that data breaches happen and we can’t guarantee perfect security.

User privacy is important to us. Please read our Privacy Policy carefully for details relating to how we collect, use, and disclose personal information you provide to us.

We have implemented commercially reasonable technical and organizational measures designed to secure information you provide us from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you provide any sensitive information to us at your own risk.

6. Termination

Short version: We can shut off the services or discontinue your access for any reason at any time.

You agree that we, in our sole discretion and for any or no reason, may terminate any Account (or any part of any Account) you may have. In addition, we reserve the right to discontinue any aspect of the Services at any time, including the right to discontinue the display and analysis of any Public Code Data.

You agree that any termination of your access to the Services or your Account may happen without prior notice, and you agree that we will not be liable for such termination.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.

7. No fees

Short version: The services are free.

The Services made available via the Site are provided to you at no charge, subject to the terms and conditions of the Agreement. As a result, we have no obligation to provide any of the Services to you unless we otherwise agreed in writing.

8. Third party services and software

Short version: Third party services and software may be necessary for Sourcegraph.com to work (examples include libraries Sourcegraph uses internally, code hosts, authentication providers, external code analyzers, monitoring and tracing tools, etc.). We’re not responsible for anything provided by a third party, and additional terms and conditions may apply.

The Services may call the servers of other websites or services (“Third Party Services”) in order to help you analyze Your Code. We make no warranties of any kind with regard to anything that is contained on or accessible through them. Access and use of Third Party Services is solely at your own risk.

The Services may contain copyrighted software of our licensors (“Third Party Software”). The licensors retain all right, title, and interest in and to such Third Party Software and all copies thereof. Your use of any Third Party Software is subject to the terms and conditions of this Agreement, and any other terms and conditions in any Third Party Software documentation or printed materials (including EULAs).

If there’s ever a conflict between the terms of this Agreement and the terms applicable to any Third Party Software, and the conflict relates to the use of that Third Party Software, their terms and conditions will govern the conflict.

Short version: If you think we (or a user of the services) is infringing your copyrights, let us know and we’ll handle it in compliance with law.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: 		DMCA Notice
            Sourcegraph Inc.
Address: 	142 Minna St.
            2nd Floor
Tel.        (650) 318-3480
Email:      [email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. No warranties; disclaimer

Short version: The services and public code data are provided “as is” with no guarantees of any kind (unless applicable law provides you additional mandatory rights). Please read this section carefully.

THE SERVICES AND PUBLIC CODE DATA, AND ANY OTHER SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES MADE AVAILABLE ON OR IN CONNECTION WITH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOURCEGRAPH DISCLAIMS, ON BEHALF OF ITSELF AND ITS LICENSORS, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT THE SERVICES OR PUBLIC CODE DATA OR ANY PART THEREOF (OR YOUR ACCESS THERETO) WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.

11. Limitation of liability

Short version: Our liability is limited to direct damages wherever possible, and to no more than $100 or the amount you paid us for access to the services. Please read this section carefully.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSSES OR LIABILITY RESULTING FROM LOSS OF DATA, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOSS OF BUSINESS OPPORTUNITY) THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SERVICES, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE OR A SOURCEGRAPH-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL OUR (OR OUR AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

You acknowledge and agree that we have offered our products and services, set our prices, and entered into the Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and us.

12. Indemnification

Short version: The services and public code data are provided at your own risk.

You agree to defend, indemnify and hold harmless Sourcegraph and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. your use of and access to the Services, including any data or work transmitted or received by you;
  2. your violation of any term of the Agreement, including without limitation, your breach of any of the representations and warranties above;
  3. your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
  4. your violation of any law, rule or regulation of the United States or any other country;
  5. any claim or damages that arise as a result of your use of the Public Code Data or any Content submitted via your account (including UGC); or
  6. any other party's access and use of the Services with your unique username, password or other appropriate security code. We will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by us. We will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.

13. Location of the Services; export controls

Short version: The services are located in the US (where we’re located). Don’t use them if you’re located in an embargoed country.

13.1 Location of the Services. The Services are controlled and operated from our facilities in the United States. We make no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S. By using the Services, you are consenting to have your personal data transferred to and processed in the United States.

13.2 Export Controls. The Services and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Services, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and you agree to comply with all export laws and other applicable laws.

14. Governing law; arbitration; and class action/jury trial waiver

Short version: We’re based in California, so the agreement is governed by California law, and all disputes must be brought there. If you have a claim against us, you’ll work with us to arbitrate it on an individual basis instead of via class action or jury trial.

14.1 Governing Law. The Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentence with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.

14.2 Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from us. For any dispute with us, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to the Agreement, or the breach or alleged breach thereof, by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless we agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights.

14.3 Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THE AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

15. Miscellaneous

15.1 Notices and Electronic Communications. We may provide you with (and you hereby consent to our provision of) notices, including those regarding changes to our terms and conditions, by email, regular mail, or postings on the Services. Notice will be deemed given twenty-four hours after email is sent, unless we’re notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Services is deemed given five (5) days following the initial posting. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in the Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

15.2 Updates and Modifications. We may, in our sole discretion, modify or update the Agreement (or any part thereof, including these Terms) from time to time, so you should review this page periodically. When we change the Agreement (or any part thereof, including these Terms) in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Services.

15.3 U.S. Government End Users. The Services were developed by private financing and constitute a "Commercial Item," as that term is defined at 48 C.F.R. § 2.101. The Services and Documentation consist of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire only those rights in the Services and the documentation that are specifically provided by this Agreement. Consistent with 48 C.F.R. § 12.211, all U.S. Government End Users acquire only technical data and the rights in that data customarily as specifically provided in this Agreement.

15.4 Waiver. Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of the Agreement will be effective only if in writing and signed by us.

15.5 Severability. If any provision of the Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions; except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

15.6 Assignment. The Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

15.7 Survival. Upon termination of the Agreement, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.

15.8 Headings. The heading references herein are for convenience only, do not constitute a part of the Agreement, and will not be deemed to limit or affect any of the provisions hereof.

15.9 Entire Agreement. This, including the agreements incorporated by reference, constitutes the entire agreement between you and us relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by us as set forth in the Agreement.

15.10 Claims. To the extent permissible under applicable law, you and we agree that any cause of action you may have arising out of or related to the Services or Public Code Data must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

15.11 Disclosures. The Services are offered by Sourcegraph, Inc., located at 142 Minna St, 2nd Floor, San Francisco, CA 94105, and can be reached via email at [email protected] or telephone at (650) 318-3480. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.