I desire to access one or more colocation facilities operated by Switch (each a “Switch Facility”). As an inducement to Switch to permit my access to the Switch Facility, I, for myself and my employer, hereby expressly agree and covenant as follows:
- I will strictly abide by the safety and security policies and procedures in connection with my visit to the Switch Facility, including Switch’s current Acceptable Use Policy, available at legacy.switch.com (the “AUP”). I agree not to visit the Switch Facility under the influence of alcohol and/or any other drugs. I will comply with all lawful orders and instructions of Switch Security personnel.
- I voluntarily assume all risks involved in or related to my visit to the Switch Facility such as risk of bodily injury or property damage. I hereby release and forever discharge Switch together with its members, managers, employees, and agents, from, and covenant not to sue any of them on account of or in connection with, any claims, injuries, damages or liabilities arising out of my visit to the Switch Facility. This release is intended to be the maximum and broadest release permitted by law but does not extend to grossly negligent or willful acts by Switch or its employees.
- In the event of any accident which may require immediate medical care, I hereby authorize, but do not require, Switch to take all necessary actions related to such medical care, transportation and emergency medical services. I agree that I will be responsible for all related costs.
- During my visit to the Switch Facility and in related communications with Switch, I will be exposed to or provided with confidential and proprietary information of Switch and, potentially, certain of its customers (collectively, “Confidential Information”). Confidential Information includes, without limitation, financial data, data center designs, technical information, customer identities and all other business information. As to all Confidential Information, I, on behalf of myself and my employer, and my employer’s affiliates, covenant and agree (i) not to disclose it to any third party; (ii) to use it solely in contemplating a business relationship with Switch and for no other purpose; (iii) not to use or provide it for any third party’s benefit; and (iv) to comply with Switch’s AUP, including but not limited to the provisions related to Switch’s intellectual property.
- I may use social media (e.g. Twitter and Facebook) to make general comments about the Switch Facility and my tour, but I agree not to take, make, share, or post any images, records, or recordings, of the Switch Facility, or its employees.
- I may not use or otherwise export or re-export the Confidential Information or any other portion thereof without Switch’s prior written consent and then only as authorized or permitted under applicable laws and regulations restricting the export and re-export of commodities and technical data, including the Confidential Information. I hereby covenant and agree to Switch that I will strictly comply with all applicable export and re-export requirements and controls, including without limitation, obtaining and complying with any required written permission, approvals or licenses from the appropriate governmental authorities. Further, I agree to comply with all applicable laws, rules and regulations in its performance under this agreement.
- I understand that the terms herein are contractual and I have signed this agreement as my own free act. This agreement contains the entire agreement between myself and Switch concerning the subject matter hereof. The law of the state in which the tour occurs governs this document, without reference to its choice of law provisions. The confidentiality obligations herein are intended to provide the greatest protections possible for the Confidential Information, and are to be read to strengthen all prior and subsequent confidentiality obligations agreed to between the parties. In the event of a conflict between these obligations and the obligations of any other agreement, the obligations that provide the greatest protections to the Confidential Information, as that term is most broadly defined amongst the agreements, shall govern and control. This agreement is in the English language only, which language shall be controlling in all respects. Any versions of this agreement in any other language shall be for accommodation only and shall not be binding upon either party. All communications and documentation to be furnished under or related to the interpretation or enforcement of this agreement shall be in the English language.
Due to the current COVID-19 situation, we are taking additional precautions to help protect the health of our employees and our customers in this mission critical environment. Prior to your visit to Switch, we request that you fill out this simple questionnaire. We appreciate your help in making sure that everyone is protected to the best of our ability.