Terms & Conditions

TERMS OF USE
Welcome to the Rackable Systems, Inc. ("Rackable Systems") web site ("Site"). Please read the following terms and conditions regarding the use of the Site. By accessing, downloading and/or using the Site, you agree to be bound by the terms and conditions ("Terms of Use") that follow. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Rackable Systems from its offices within the United States. Rackable Systems makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you do not intend to be bound by such Terms of Use, please do not use the Site.

USE OF SITE INFORMATION
You may download, view, copy and print documents and graphics incorporated in this Site (the "Documents") subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; (b) the Documents may not be modified or altered in any way; and You may not download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the express authorization of Rackable Systems. You may not remove any copyright or other proprietary notices contained in the Documents. Rackable Systems reserves the right to revoke the authorization to view, download and print the Documents available on this Site at any time.

PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Rackable Systems immediately of any unauthorized use of your password(s).

TRADEMARK NOTICE
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Rackable Systems or other third parties. You are not permitted to use the Marks without the prior written consent of Rackable Systems or such third party which may own the Marks. Trademarks of Rackable Systems include but are not limited to "Rackable Systems", "OmniStor", "Roamer" and the Rackable Systems logo.

MONITORING
Rackable Systems, its affiliates and agents are entitled, but not obligated, to review or retain your communications while you are visiting the Site. We may monitor your communications to evaluate the quality of service you receive, the security of the service, or for other reasons. You agree that Rackable Systems's monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Rackable Systems monitors your communications. In no event will Rackable Systems be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of Rackable Systems's monitoring activities.

TERMINATION OF USE
You agree that Rackable Systems may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site.

LINKS TO OTHER WEB SITES
Rackable Systems provides links to other web sites. We do not control the other sites, and make no representations whatsoever concerning the content of those sites. The fact that Rackable Systems has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Rackable Systems cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Rackable Systems liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.

LIMITATION OF LIABILITY
IN NO EVENT SHALL RACKABLE SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY RACKABLE SYSTEMS PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF RACKABLE SYSTEMS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER
Rackable Systems assumes no responsibility for accuracy, correctness, or content of the Materials provided on this Web Site. You should not assume that the Documents on this Site are continuously updated or otherwise contain current information. THE DOCUMENTS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

MINORS USE OF SITE
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

INDEMNITY
You agree to indemnify, defend and hold Rackable Systems harmless from and against any and all claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this Site.

GENERAL
These Terms of Use contain the entire agreement between you and Rackable Systems and supercede all prior or contemporaneous communications between the parties regarding your use of the Site. The section headings of these Terms of Use are for ease of reference only and shall not be admissible in any action to alter, modify, or interpret the contents of any section. All matters relating to your access and use of this Site shall be governed by the federal laws of the United States and the laws of the State of California. The federal and state courts within Santa Clara County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of, or relating to or in any way connected with your access and/or use of this Site. A finding by a court of competent jurisdiction that a provision of these Terms of Use is invalid, illegal, or unenforceable shall not affect any other part of these Terms of Use, and such provision shall be construed by limiting it to the extent necessary so as to be enforceable or, if such provision cannot be so limited, then these Terms of Use shall be construed as if they had never contained such provision. The waiver by Rackable Systems of any provision of these Terms of Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision on any other occasion or upon any other circumstances.