Terms of Use

1. YOU AGREE TO THESE TERMS BY USING SITE.
Access to and use of Verari Systems™ 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 Verari Systems 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, Verari Systems 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 Verari Systems . Except as provided below, you may not reproduce, republish, post, transmit or distribute any content on the Verari Systems 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. Verari Systems 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 Verari Systems Privacy Policy.

4. SITES LINKED FROM VERARI SYSTEMS WEB SITE.
Any sites linked from the Site are not under Verari Systems control, and Verari Systems does not assume any responsibility or liability for any communications or materials available at such linked sites. Verari Systems 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 Verari Systems Web site are provided "AS IS", without warranties of any kind. Verari Systems expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Verari Systems 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. Verari Systems 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.

Verari Systems 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. Verari Systems 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 Verari Systems 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, Verari Systems 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 Verari Systems . 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 Verari Systems .

[Verari Systems® , RackSaver®, DCIN64™, BladeRack®, BladeView™, RackView™, RackSwitch™, Quatrex™, Nice Rack™, DAW64™, HIVE™, NemeSys™, Experience Real Performance™, and Blades Without Boundaries™]

Verari Systems 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 Verari Systems to promptly locate the work (e.g. title of work, location within the Verari Systems Properties, etc.);

(D) Information reasonably sufficient to permit Verari Systems 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 Verari Systems 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© 2006 Verari Systems , Inc. All rights reserved. The content Verari Systems offers on the Site is protected by U.S. and international copyright laws.