Terms of Use

Last Updated:
December 8, 2024

These Website Terms of Use (the “Terms”) govern your access to and use of the website operated by Hyperscale Capital, LLC (“Hyperscale,” “we,” “us,” or “our”), including the website located at hyperscale.capital and all related websites (collectively, the “Site”). By accessing, using, or engaging with the Site, you agree to comply with these Terms. If you do not agree with any of the Terms, you are prohibited from using or accessing the Site.

Eligibility

Access to and use of the Site is limited to individuals who can form legally binding contracts under applicable law. By using the Site, you represent and warrant that you meet this eligibility requirement.

Ownership of the Site and Its Content

The content, materials, and information available on the Site are protected by intellectual property laws, including copyright, trademark, and other applicable laws. All content, related intellectual property, and other rights are the sole and exclusive property of Hyperscale, its affiliates, or its licensors, unless otherwise granted.

Hyperscale grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Site for personal and non-commercial purposes, subject to your compliance with these Terms. You may discuss information learned from the Site with your legal, financial, or tax advisors, but any further distribution, reproduction, or commercial use of the Site’s content is prohibited without prior written consent.

If you provide Hyperscale with feedback, suggestions, or recommendations regarding the Site, products, or services (collectively, “Feedback”), you represent and warrant that you have the legal right to provide such Feedback. You acknowledge that any Feedback you provide will be considered non-confidential, and by submitting Feedback, you grant Hyperscale a worldwide, irrevocable, royalty-free, perpetual license to use, modify, and distribute the Feedback as it sees fit.

Privacy Notice

Your use of the Site is also governed by our Privacy Notice, which is incorporated into these Terms by reference. Please review the Privacy Notice to understand how we collect, use, and protect your information.

Prohibited Uses

You agree to comply with all applicable laws and regulations while using the Site. In addition, you agree not to:

  • Copy, reproduce, distribute, display, rent, lease, or sublicense any part of the Site without Hyperscale’s written consent.
  • Disassemble, reverse engineer, modify, or create derivative works from the Site’s software or any part of its content.
  • Use automated means to collect or scrape data from the Site.
  • Engage in any unlawful, fraudulent, or misleading activities through the Site.
  • Transmit any viruses, malware, or other harmful code via the Site.
  • Use the Site to infringe on the intellectual property rights of any third party.
  • Attempt to disrupt or overwhelm the Site’s infrastructure or interfere with others’ access to the Site.
  • Resell or use the Site for commercial purposes without prior written approval from Hyperscale.

We reserve the right to monitor, investigate, and take appropriate actions regarding any violations of these Terms, including suspending or terminating access to the Site.

Disclaimers

Your use of the Site is at your own risk. The Site and all content are provided on an “as is” and “as available” basis, with no warranties of any kind, either express or implied, including but not limited to the accuracy, completeness, or reliability of any information provided.

Hyperscale does not guarantee the Site’s uninterrupted or error-free operation, and we are not responsible for any damages or losses resulting from the use of the Site, including but not limited to any errors or omissions in content.

Limitation of Liability

To the fullest extent permitted by law, Hyperscale, its affiliates, and its licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use the Site, including but not limited to loss of data, profits, or business opportunity.

Links to Third-Party Websites

The Site may contain links to third-party websites or services. Hyperscale does not endorse or guarantee the content, accuracy, or reliability of third-party sites. Your use of third-party websites is at your own risk and is governed by the terms and privacy policies of those websites.

Modification and Discontinuation of the Site

Hyperscale reserves the right to modify, suspend, or discontinue the Site, or any part of it, at any time and for any reason without notice. We shall not be liable to you or any third party for any modifications or discontinuation of the Site.

Indemnification

You agree to indemnify, defend, and hold harmless Hyperscale, its affiliates, employees, officers, directors, and agents from any claims, damages, losses, liabilities, or expenses arising out of your violation of these Terms, your use of the Site, or any third-party claims related to your conduct on the Site.

Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in California.

General Provisions

  • Entire Agreement: These Terms, along with our Privacy Notice and any other applicable policies, constitute the entire agreement between you and Hyperscale regarding the Site and supersede all prior or contemporaneous agreements.
  • Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms at any time without notice.
  • No Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision. All waivers must be in writing.
  • Severability: If any provision of these Terms is found to be unenforceable, the remainder of the Terms will remain in effect.

By using the Site, you acknowledge that you have read, understood, and agree to these Terms.

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