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.
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
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)
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.
ATTN: Copyright Infringement
8445 Camino Santa Fe, Suite 101
By Telephone: (858) 625-0070
By Email: firstname.lastname@example.org
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 Google™ Translate. Google™ 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 Google™ Translate.
15. Other Terms