Terms of Service
General Terms & Conditions
Please read this agreement carefully, by signing up for and/or otherwise accessing any of the services or products offered by the Company you agree to be bound by the terms of this Agreement. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from the Company confirming your registration, whichever happens first. EITHER YOU OR THE COMPANY MAY TERMINATE THIS AGREEMENT AT ANY TIME, AFTER WHICH ANY AND ALL NOTIFICATIONS OR DATA ASSOCIATED WITH YOUR ACCOUNT MAY BE DELETED AT THE COMPANY’S DISCRETION. THESE TERMS & CONDITIONS REQUIRE THAT YOU SUBMIT TO THE LAW AND JURISDICTION OF STATE OF TEXAS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE COMPANY SERVICES.
For the purposes of this Agreement:
1.1. “Company,” “us,” “we,” “our” and grammatical variants thereof shall collectively refer to Association of High Performance Computing Professionals, a non-profit corporation, organized and existing under the laws of the State of Texas located at 2905 Kinloch Dr., Cedar Park, Texas 78613, U.S.A. and its assigns and successors in interest.
1.2. “Company Equipment” shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by the Company and/or the Company’s affiliates, agents, or assigns which function to provide the Company Services.
1.3. “Company Services” shall mean the products and services provided by the Company at any given time, including but not limited to agile project management, tools, notifications, alerts, e-mail, file storage, and any associated support services, which may be changed, amended, cancelled and/or otherwise altered at any time in the Company’s sole discretion.
1.4. “Company Software” shall mean any software provided by the Company at any given time, whether downloaded to your computer, phone, tablet or other mobile computing device or utilized online as part of the Company Services. The Company Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
1.5. “Fee” shall mean monies and other consideration you are obligated to pay to the Company for the right to use the Company Services and bandwidth subject to the terms and conditions of this Agreement and of the particular Company Services for which you have registered, as outlined on the then-current schedule of fees. Fees are subject to change at any time without prior notice.
1.6. “Laws” shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of your country of residence or the country in which you use or access the Company Services and the laws of any provinces, states or dependencies thereof.
1.7. “Parties” shall collectively refer to the Company and you.
1.8. “Suspend” or “Suspension” shall include the disabling of your Account and/or the cessation of transmission of data via your Services.
1.9. “Term” shall be one year or as otherwise stated in the specifications for your Services or for any renewal Term thereof.
1.10. “You,” “you,” “your” and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
2. Term and Termination
2.1. You or the Company may terminate this Agreement at any time for any reason, with or without cause. You may terminate by (a) providing written notice of termination to the Company pursuant to this Agreement, or (b) closing your accounts for all of your Services via the Company’s user interface, where the Company has made this option available to you.
2.2. You further agree that in the event that the Company believes, in its sole discretion, that you have breached any provision(s) of this Agreement, including but not limited to Section 6, the Company may, without any liability to you and in addition to any other remedies, terminate or Suspend any and all accounts registered by you or your access to your Services and your Data without prior notice to you. Premium Services accounts not restored during the Notice Period will be terminated immediately upon the expiration of same.
2.3. Immediately upon termination of this Agreement all data, including but not limited to notifications or other files associated with your Services and your Data, will be irrevocably deleted and all transmission of data will cease. The Company may, in its sole discretion, make your Data information or content available to you to the extent it has not been deleted.
Subject to and conditioned upon the Company’s retained rights and all other terms and conditions set forth in this Agreement, the Company offers the Company Services as soon as practicable after registration. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree that you will not store any sensitive data including but not limited to, medical information, social security numbers, credit card data, or any other personal identifiable information except those required to create your account. You agree to immediately notify the Company of any unauthorized uses of the account or any other breaches of security. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will the Company be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Company Services are subject to the following conditions and restrictions:
3.1.1. The Company shall provide to you a nontransferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of server space allocated to your Services for your non-exclusive use for the exclusive purpose of storing your Data and for purposes consistent with this Agreement.
3.1.2. The Company, either directly or through its assignee or licensee, shall provide such support as is outlined in the specifications for your Services or as otherwise shown on the Company website. The Company is not obligated to provide any customer service or technical support except as specified in this Section 3, and cannot guarantee that your questions will be answered in a timely fashion or otherwise. Notwithstanding the foregoing, the Company at its sole discretion may at any time alter or cease providing the support provided pursuant to this Agreement without any liability to the Company.
3.1.4. The Company reserves the right to alter, amend, or discontinue the provision of some or all of the Company Services, including but not limited to the provision of certain Company Services to International Customers in a particular market, at any time in the Company’s sole discretion.
4. No Warranties by the Company
THE COMPANY SERVICES AND THE COMPANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE COMPANY SERVICES IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE COMPANY SERVICES. NO WARRANTY IS MADE BY THE COMPANY REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE COMPANY SERVICES WILL BE FREE OF VIRUSES, “WORMS,” “TROJAN HORSES,” OR OTHER HARMFUL COMPONENTS.
5. Company’s Limited Liability
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE COMPANY SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE COMPANY SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF THE COMPANY FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO TEN DOLLARS ($10).
6. Your Additional Obligations and Warranties
6.1. You acknowledge that only you may use your account and you agree and warrant that you shall not permit anyone else to use your account or authorize any third party to access your account on your behalf. You are responsible for all activity that takes place with respect to your account, and you agree that in the event the Company believes or has reason to believe, in its sole discretion, that you have breached this Agreement or any of the warranties in this Section 6, the Company may, without prior notice to you and in the Company’s sole and exclusive discretion, suspend the provision of the Company Services and/or terminate this Agreement, without any liability of any kind. As more completely set forth in Sections 5, 6 and 9, you waive any and all claims you may have, now and forever, against the Company relating to any action taken under this Section 6.1, and agree to indemnify and hold harmless the Company from and against any claims brought by third parties as a result of your Data or your use of the Company Services.
6.2. You agree and warrant that you shall not send mass unsolicited or unwanted communications or solicitations; that you shall not use your account for impermissible or abusive postings or excessive or repeated off-topic or commercial communications; that you will not send any form of junk mail communication; and that you shall not engage in any other form of spamming, spoofing, phishing, or bombing. The Company reserves the right to block communications from any source, including outgoing communication from or ingoing communication to your Account, which the Company believes, in its sole discretion, is being used to send such unsolicited communication. While the Company continues to actively review and implement new technology to ensure that its customers neither send nor receive unsolicited communication, there is no currently available technology that will totally prevent the sending and receiving of unsolicited communication.
6.3. You agree and warrant that your use of the Company Services and the Company Equipment, and all sales, distributions, advertisement, or promotion which are in any way associated with your use of the Company Services or the Company Equipment, shall at all times comply with your warranties under this Section 6 as well as all relevant laws, including but not limited to CAN-SPAM.
6.4. You agree and warrant that your Data shall be transmitted exclusively to consenting adults and only to places in which such materials comply with contemporary community standards.
6.5. You agree and warrant that your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography or other content deemed objectionable by the Company, in its sole discretion.
6.6. You agree and warrant that you will not use the Company Services to transmit messages which: display, contain or link to any harmful matter or indecent materials or communications which are available to, or accessible by, minors; display or contain any material that consists of pornography, child pornography, or other obscene content, including but not limited to content involving or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age or which could otherwise result in harm to minors, all as determined in the Company’s sole discretion.
6.7. You agree and warrant that you shall not damage, disable, overburden, or impair the Company Services; interfere with anyone else’s use or enjoyment of the Company Services; or interfere with, defame, or abuse the Company or its officers, employees, or agents.
6.8. You affirmatively represent, agree and warrant that your Data and the use or distribution of your Data does not infringe the intellectual property rights of others, including, but not limited to, copyrights, trademark and service mark rights, patent rights and rights of publicity, both in the United States and throughout the world.
6.9. You agree and warrant that your Data shall not constitute or contain or link to material: which is libelous, slanderous, or defamatory; which violates the right of publicity or privacy of any party; or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.
6.10. You agree and warrant that your Data shall not contain or link to any material which is offensive, harmful, violent, threatening, abusive or hateful, in the Company’s sole discretion.
6.11. You agree and warrant that any and all material(s) of every kind which you store or transmit using the Company Services or the Company Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software “viruses,” “worms,” “Trojan Horses,” and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the Company Equipment or web site or another person’s web site without authorization, or use the Company Services to carry out, or assist in the carrying out of, any “denial of service” attacks on any other website or internet service.
6.12. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the Company Services or the Company Equipment.
6.13. You agree and warrant that you shall not resell or redistribute the Company Services or any part thereof, including but not limited to your Company account, notifications, alerts, or use any unauthorized means to modify or reroute the Company Services (or to attempt same).
6.14. You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the Company Services and that no taxing authorities shall have any claim against the Company or any persons affiliated therewith for the payment of such taxes.
6.15. You represent and warrant that you are over thirteen years of age and are fully competent to enter into this Agreement.
6.16. You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the “Entity List” or “Denied Persons List” maintained by the US Department of Commerce or the list of “Specially Designated Nationals and Blocked Persons” maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for the Company Services. Residents of countries which are serviced by a Company affiliate are required to contract with those Company affiliates, and you represent and warrant that you are not a resident of one of those countries.
6.17. You agree to abide by United States and other applicable export control laws and you further agree not to upload to your Company account any data or software that cannot be exported without prior written government authorization.
6.18. You agree not to use your Account for the storage of files other than in the course of normal notification and alert usage or as provided otherwise in the specifications for your Services.
6.19. You grant to the Company and to the Company’s Affiliates a perpetual, irrevocable, fully-paid up, nonexclusive, transferable, and worldwide license to use all of your Data in the performance of the Company Services and in any other manner related thereto or otherwise permitted under this agreement.
7. Confidentiality, Trademark and Copyright
7.1. “[______]” is a service mark of the Company, all rights reserved. The trademarks, logos, and service marks displayed on this web site (collectively, the “Marks”) belong to the Company and/or its affiliates or third parties which have licensed those rights to the Company (“Partners”); The Company and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner’s prior written consent. All other trademarks, product names, and company names and logos appearing on the Company’s web site are the property of their respective owners.
7.2. Unless expressly stated otherwise on the Company web site, you should assume that all content, images, and materials appearing on this web site (collectively the “Company Content”) are the sole property of the Company. Both U.S. and international copyright and other intellectual property laws and treaties protect such Company Content. You may not use, reproduce, display, or sell any Company Content without the Company’s prior written consent. You may not link to any page or frame any portion of the Company’s website in such a way as to remove, cover, alter, or obscure the Company’s trademarks or as would otherwise confuse viewers as to the origin of the content.
8. Your Indemnification of the Company
You agree that you shall fully defend and indemnify the Company, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 6 or your violation of a third party’s intellectual property rights. You further agree to defend, indemnify and hold harmless the Company, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that the Company shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
9. No Joint Venture or Partnership
Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between the Company and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between the Company and you. The Company shall have no control or ownership interests of any kind in your business. The Company shall have no direct financial or other interest in, nor in any way “own” any online venture pertaining to your use of the Company Services or the Company’s Equipment. The Company’s relationship to you shall be restricted to matters pertaining to the provision of the Company Services as set forth in this agreement.
10. Services Rendered on a Non-Exclusive Basis
Any and all services which are or may be provided to you by the Company pursuant to this Agreement, including the licensure of rights herein, are not exclusive and nothing in this Agreement shall limit or restrict the Company from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict the Company from engaging in any activities similar to yours or in competition with you.
11.1.1. comply with legal process or other legal requirements;
11.1.2. protect and defend the rights or property of the Company or its officers, agents, affiliates, licensees, and customers; or
11.1.3. carry out its obligations under or enforce this Agreement; or
11.1.4. investigate violations of this Agreement or assist with criminal or civil investigations.
11.2. INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT THE COMPANY MAY DISCLOSE PERSONAL INFORMATION ABOUT THEM AND THEIR ACCOUNT PURSUANT TO THIS SECTION, AND WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW INCLUDING BUT NOT LIMITED TO THE LAW IN THE JURISDICTION YOU RESIDE.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
13. Non-Enforcement Does Not Constitute Waiver
Failure of the Company at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of the Company.
14.1. The Company may provide notice to you via sms to the mobile phone or e-mail sent to the e-mail address associated with your Account at the time such notice is sent. Such notice is deemed effective at the date and time of transmission, whether you receive it or not, and shall be deemed written notice for the purposes of this Agreement.
14.2. You may provide notice to the Company by personal delivery; by addressing the notice as indicated below and depositing the same by registered or certified mail, postage prepaid, in the United States mail; or by Federal Express or other nationally-recognized courier. Such notice, statement or other document so delivered to the Company, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice may not be sent to the Company via e-mail.
15. Force Majeure
15.1. In the event of “force majeure” (as defined below), the Company may terminate this Agreement without liability to you. For purposes of the Agreement, “force majeure” shall mean circumstances or occurrences beyond the Company’s reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which the Company cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the Company Services are located or maintained or through which the Company Services are provided, and non-availability of any permits, licenses and/or authorizations required by governmental authority.
15.2. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice, including the right to cease all business operations in the United States or elsewhere. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
16. No Assignment by You; Assignment by the Company
This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without the Company’s prior written consent. In particular, you may not sell accounts or subaccounts to third parties. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. The Company may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion, without consent by or notice to you.
17. Jurisdiction, Venue, and Waiver of Jury Trial
17.1. YOU AGREE TO NEGOTIATE WITH THE COMPANY IN GOOD FAITH TO RESOLVE OR SETTLE ANY CLAIM OR DISPUTE IN ANY WAY RELATING TO OR CONCERNING THIS AGREEMENT.
17.2. ANY AND ALL DISPUTES WHICH ARE NOT FIRST RESOLVED INFORMALLY MUST BE BROUGHT IN EITHER THE COURT OF TRAVIS COUNTY, TEXAS OR THE UNITED STATES DISTRICT COURT IN AUSTIN, TEXAS, WHICH COURTS SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT AND/OR YOUR ACCOUNT(S) WITH THE COMPANY. You and we irrevocably consent to personal jurisdiction and venue in such courts and you waive any challenge which you have or which may hereafter arise to personal jurisdiction or venue in such courts. You further agree that the Company shall be entitled to collect its attorneys’ fees, costs and other expenses in the event that the Company acts to enforce this forum selection clause, regardless of whether the Company prevails in the underlying action.
17.3. In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND THE COMPANY THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT AND/OR YOUR ACCOUNT(S) WITH THE COMPANY, and that such waiver shall be enforceable up to and including the day that trial is to start. Should any legal fees, costs, or other expenses be incurred by the Company with regard to enforcement of this jury waiver provision, the Company shall be entitled to recover such legal fees, costs, or other expenses without regard to whether the Company prevails in the underlying case.
17.4. Neither you nor the Company may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND THE COMPANY ACKNOWLEDGE THAT THIS SECTION WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION
17.5. This Agreement shall be interpreted according to the laws of the State of Texas, without regard to conflicts of law principles.
18. Successors and Assigns
This agreement shall be binding upon and inure to the benefit of the Parties’ respective heirs, personal representatives, executors, administrators, successors and assigns.
19. Entire Agreement
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of the Company has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and you hereby acknowledge and agree that you have not executed this Agreement in reliance upon any such representation or promise. This Agreement is solely for the benefit of you and the Company.
20.1. This Agreement may be materially altered by the Company by posting the new version of the Agreement at www.hpcpros.org and if posted in this manner, shall be effective immediately upon posting such notice. You accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.
20.2. You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of the Company. No additional or conflicting term in any other document used by you will have any legal effect.
21. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
22. Contact Information
The Company is headquartered in Austin, Texas. Correspondence sent by mail, courier, or personal service should be to the following address:
Association of High Performance Computing Professionals
2905 Kinloch Dr.
Cedar Park, Texas 78613