Cirrascale Site Terms and Conditions

1. YOU AGREE TO THESE TERMS BY USING SITE.
Access to and use of the Cirrascale web site (the "Site") are provided subject to these terms and conditions and all applicable laws and regulations ("Terms of Use"). By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site. Any other agreement between you and Cirrascale that may govern or affect your access and use of the Site, regardless of form, is null and void.

2. OWNERSHIP AND USE OF SITE.
Unless otherwise noted, Cirrascale owns all of the contents of the Site, including all copyrights and trademarks. You may access and use the Site for personal or educational purposes only. You may not use the content for any other purpose without express written permission from Cirrascale. Except as provided below, you may not reproduce, republish, post, transmit or distribute any content on the Cirrascale Web site. You may print content from the Site for personal or educational use. However, you must include any copyright notice originally included in the content on all copies. Cirrascale has compiled the content of the Site from a variety of sources and the content is subject to change without notice.

3. PRIVACY.
Any personal data, such as your name, address, telephone number or e-mail address you transmit to the Site will be used in accordance with Cirrascale Privacy Policy. This Privacy Policy Statement sets forth the privacy policy pertaining to Cirrascale web site. By using the Site, you are agreeing to the terms set forth in this Privacy Policy.

For purposes of this Privacy Policy, "Personal Information" means any information by which you can be personally identified, and includes your name, your address, your telephone number, your e-mail address. The Site may request Personal Information in order to help Cirrascale serve you more effectively. Cirrascale will collect Personal Information only when you voluntarily submit such Personal Information to us.

For each visitor to the Site, our web server automatically recognizes only information regarding the visitor's domain name (or that of the visitor's access provider) and e-mail address. Regardless of the purpose for which it is submitted, it is Cirrascale policy to maintain all Personal Information as confidential, and to use such Personal Information only for the specific purpose for which it was volunteered (for example, to obtain additional product information or to place an order for the purchase of a product); to improve the content, appearance and utility of the Site; to track our visitors' use of the Site for internal market research; and to notify our visitors of updates to the Site.

At any time, you may obtain a summary of the Personal Information on record with Cirrascale which has been collected about you via the Site. Except for the Personal Information we need to complete your purchase of products, you may request at any time that Cirrascale dispose of any or all Personal Information about you. In addition, at any time you may request that Cirrascale correct any such Personal Information; or that such Personal Information be removed from Cirrascale marketing databases. To make any request described above, either:

Send an email to: info@cirrascale.com

or write to: Cirrascale, ATTN: Mike LaPan, 12140 Community Road, Poway, CA 92064, Phone: 858-874-3800, Fax: 858-874-3838, Toll Free: (888) 942-3800

Cirrascale reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy Statement will mean that you accept those changes.

4. SITES LINKED FROM CIRRASCALE WEB SITE.
Any sites linked from the Site are not under Cirrascale control, and Cirrascale does not assume any responsibility or liability for any communications or materials available at such linked sites. Cirrascale does not intend links on the Site to be referrals or endorsements of the linked entities; they are provided for convenience only.

5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
The services, information or data (collectively, "Information") made available at the Cirrascale Web site are provided "AS IS", without warranties of any kind. Cirrascale expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Cirrascale shall have absolutely no liability in connection with the information, including without limitation any liability for damage to your computer hardware, data, information, and business resulting from the Information or the lack of information available on the Site. Your use of the Site is at your own risk. Cirrascale shall have no liability for:

(1) Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;

(2) Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or

(3) Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.

Cirrascale makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. Cirrascale makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. Under no circumstances shall Cirrascale be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.

For purposes of this section, Cirrascale includes its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

6. TRADEMARK AND COPYRIGHT NOTICES.
The trademarks displayed on the Site, including but not limited to those listed below are trademarks or registered trademarks of Cirrascale . All other brands and product names are trademarks or registered trademarks of their respective companies as noted. Nothing contained on the Site should be construed as granting any license or right to use any trademarks displayed on the Site without the permission of Cirrascale .

[Cirrascale® , RackSaver®, Verari Systems®, Verari Technologies™, FOREST™, Vertical Cooling Technology™, BladeRack®, BladeView™, RackView™, RackSwitch™, Modular Blade Chassis™, Quatrex™, Nice Rack®, DAW64™, HIVE™, NemeSys™, Scaling the Cloud™, Experience Real Performance™, Enabling the Data Center of the Future™, and Blades Without Boundaries™]

Cirrascale complies with the provisions of the Digital Millennium Copyright Act ("DMCA"). Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:

(A) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;

(B) Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;

(C) Information related to the work(s) reasonably sufficient for Cirrascale to promptly locate the work (e.g. title of work, location within the Cirrascale Properties, etc.);

(D) Information reasonably sufficient to permit Cirrascale to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;

(E) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(F) A statement requesting that Cirrascale take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. LAW AND JURISDICTION.
These Terms of Use and use of the Site are governed by the laws of the State of California, without regard to its choice of law provisions. The courts of general jurisdiction located within San Diego County, California will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site.

Copyright 2014, Cirrascale Corporation. All rights reserved. The content Cirrascale offers on the Site is protected by U.S. and international copyright laws.

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©2014. All Rights Reserved. Cirrascale Corporation.