Terms of Use

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on February 29, 2008.

This Terms of Use Agreement sets forth the standards of use of the HPCwire Online Service for Registered User. By using the HPCwire.com website you (the “Registered User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the HPCwire.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Tabor Communications, Inc. and HPCwire are providing Registered User with an online portal to news, information, and community pertaining to the High Productivity Computing ecosystem. Registered User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Registered User’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties

The site is provided by Tabor Communications, Inc. and HPCwire on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Tabor Communications makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Tabor Communications shall have no liability for any interruptions in the use of this Website. Tabor Communications disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

TABOR COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TABOR COMMUNICATIONS AND HPCWIRE.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TABOR COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Registered User agrees to indemnify and hold HPCwire.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Registered User’s use of the Service, the violation of this Agreement, or infringement by Registered User, or other user of the Service using Registered User’s computer, of any intellectual property or any other right of any person or entity.

5. Registered Users Account

All Registered Users of the Service shall set a password for their registered profile. Registered Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Registered User agrees to notify HPCwire.com of any unauthorized use of Registered User’s account or any other breach of security known or should be known to the Registered User. Registered User’s right to use the Service is personal to the Registered User. Registered User agrees not to resell or make any commercial use of the Service without the express written consent of HPCwire.

6. Modifications and Interruption to Service

HPCwire reserves the right to modify or discontinue the Service with or without notice to the Registered User. HPCwire shall not be liable to Registered User or any third party should HPCwire exercise its right to modify or discontinue the Service. Registered User acknowledges and accepts that Tabor Communications and HPCwire does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Registered Users to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While HPCwire makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

HPCwire makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts (California)

Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

10. Compliance with Laws

Registered User assumes all knowledge of applicable law and is responsible for compliance with any such laws. Registered User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Registered User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 HPCwire.com, will all rights reserved, or is the property of Tabor Communications and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HPCwire is strictly prohibited. Registered Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of HPCwire.

Tabor CommunicationsTM and HPCwire.comTM are proprietary marks of TaborCommunications.com. Tabor Communications’s trademarks may not be used in connection with any product or service that is not provided by Tabor Communications, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tabor Communications.

All other trademarks displayed on Tabor Communications’ respective websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Tabor Communications.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, HPCwire.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Tabor Communications Inc.
3111 Camino Del Rio North, Suite 400
San Diego, CA 92108
By Phone: 858-625-0070
By Fax: 858-625-0088
By Email: [email protected]

13. Botnets

Tabor Communications and HPCwire retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, HPCwire reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Language Translation Disclaimer

Translations of pages on the Tabor Communications Inc. (TCI) websites are performed by Googleâ„¢ Translate. Googleâ„¢ Translate is a free online language translation service that can translate text and web pages into different languages. Computerized translations are only an approximation of the website’s original content. The translation should not be considered exact and in some cases may include incorrect or offensive language. Tabor Communications Inc. does not warrant the accuracy, reliability or timeliness of any information translated by this system. In addition, some applications, files or items cannot be translated including graphs, photos or portable document formats (pdfs).

Please be aware that when a translation is requested, you will be leaving one of the TCI websites. TCI does not endorse the use of the Google® translation site; other translation services may be used to view our site. Any person or entities that rely on information obtained from the system does so at his or her own risk. When a translation is complete, you assume the risk of any inaccuracies, errors or other problems encountered. TCI and it’s publications are not responsible for any damage or issues that may possibly result from using Googleâ„¢ Translate.

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Tabor Communications, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Registered User. Registered User agrees that by accepting this Terms of Use Agreement, Registered User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.