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Read Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on September 12, 2008.
This Terms of Use Agreement sets forth the standards of use of the Tabor Research
Online Service for Registered User. By using the Tabor Research.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 Tabor Research 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.
- Description of Service
Tabor Communications, Inc. and Tabor Research are providing Registered User with
an online portal to the Tabor Research HPC Productivity and Workflow Analysis Tool.
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.
- Disclaimer of Warranties
The site is provided by Tabor Communications, Inc. and Tabor Research 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.
- Limitation of Liability
TABOR COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
TABOR COMMUNICATIONS AND TABOR RESEARCH 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.
- Indemnification
Registered User agrees to indemnify and hold Tabor Research, 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.
- 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 Tabor Research 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 Tabor Research.
- Modifications and Interruption to Service
Tabor Research reserves the right to modify or discontinue the Service with or without
notice to the Registered User. Tabor Research shall not be liable to Registered
User or any third party should Tabor Research exercise its right to modify or discontinue
the Service. Registered User acknowledges and accepts that Tabor Communications
and Tabor Research 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.
- 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.
- 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 Tabor Research 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.
Tabor Research 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.
- 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.
- 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.
- 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 Tabor Research,
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 Tabor Research 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 Tabor Research.
Tabor Communications™ and Tabor Research™ are proprietary marks of TaborCommunications,
Inc. 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.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, Tabor Research.com designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Tabor Research
ATTN: Copyright Infringement
8445 Camino Santa Fe, Suite 101
By Telephone: (858) 625-0070
By Email: info@taborresearch.com
- Botnets
Tabor Communications and Tabor Research 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, Tabor Research reserves the
right to direct the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
- 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.
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