Conditions of Use

Last updated: June 6, 2016

Welcome to Rao-IT.com. Rao IT Inc., and/or its affiliates (“Rao IT”) provide website features and other products and services to you when you visit or shop at Rao-IT.com, use “Rao IT” products or services, use Rao IT applications for mobile, or use software provided by Rao IT inc., in connection with any of the foregoing (collectively, “Rao IT Services”). Rao IT inc., provides the Rao IT Services subject to the following conditions.

By using Rao IT Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Rao IT Services, and sometimes additional terms may apply. When you use a Rao IT Service you also will be subject to the guidelines, terms and agreements applicable to that Rao IT Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Rao IT Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any Rao IT Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Rao IT Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Rao IT Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Rao IT inc., or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Rao IT Service is the exclusive property of Rao IT inc., and protected by U.S. and international copyright laws.

TRADEMARKS

Rao IT inc., trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Rao IT Service are trademarks of Rao IT inc., in the U.S. and other countries. Rao IT inc.’s trademarks may not be used in connection with any product or service that is not Rao IT inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rao IT inc. All other trademarks not owned by Rao IT inc., that appear in any Rao IT Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rao IT inc.

PATENTS

One or more patents owned by Rao IT inc., apply to the Rao IT Services and to the features and services accessible via the Rao IT Services. Portions of the Rao IT Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Rao IT or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Rao IT Services. This license does not include any resale or commercial use of any Rao IT Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Rao IT Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Rao IT inc., or its licensors, suppliers, publishers, rights-holders, or other content providers. No Rao IT Service, nor any part of any Rao IT Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rao IT inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rao Group without express written consent. You may not use any meta tags or any other “hidden text” utilizing Rao IT inc.’s name or trademarks without the express written consent of Rao IT inc. You may not misuse the Rao IT Services. You may use the Rao IT Services only as permitted by law. The licenses granted by Rao IT inc., terminate if you do not comply with these Conditions of Use or any Service Terms.

Rao IT inc., reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Rao IT inc., reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Rao Inc., a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Rao IT inc., and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rao IT inc., for all claims resulting from content you supply. Rao IT inc., has the right but not the obligation to monitor and edit or remove any activity or content. Rao IT inc., takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Rao IT inc., respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, for Making Claims of Copyright Infringement. Please notify us immediately.

RISK OF LOSS

All items purchased from Rao IT inc., are made pursuant to a mutually binding agreement. This means that the risk of loss and title for such items pass to you upon our delivery.

RETURNS, REFUNDS AND TITLE

At our discretion, a refund may be issued without requiring a return. In this situation, Rao IT inc., does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Rao IT inc., attempts to be as accurate as possible. However, Rao IT inc., does not warrant that product descriptions or other content of any Rao IT Service is accurate, complete, reliable, current, or error-free. If a product offered by Rao IT inc., itself is not as described, please notify our office immediately.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products and / or services Rao IT Service represents the full in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. With respect to items and / or services sold by Rao IT inc., we cannot confirm the price of an item until you order. Despite our best efforts, some items and / or services may be mispriced. If the correct price of an item sold by Rao IT inc., is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

RAO IT inc., SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Rao IT Services (the “Rao IT Software”).

OTHER BUSINESSES

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Rao Group does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE RAO IT SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RAO IT SERVICES ARE PROVIDED BY RAO IT INC., ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RAO IT INC., MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RAO IT SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RAO IT SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RAO GROUP PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAO IT INC.,  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAO IT INC.,  DOES NOT WARRANT THAT THE RAO IT SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RAO IT SERVICES, RAO IT INC.’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RAO IT INC., ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAO IT INC., WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RAO IT SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RAO IT SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any Rao IT Service, or to any products or services sold or distributed by Rao IT inc., or through Rao-IT.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Rao IT Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Rao IT inc.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of Rao IT Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to us immediately. We respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

* A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

* A description of the copyrighted work that you claim has been infringed upon;

* A description of where the material that you claim is infringing is located on the site;

* Your address, telephone number, and e-mail address;

* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Additional Rao IT Software Terms

  1. Use of the Rao IT Software/ online services. You may use Rao IT Software solely for purposes of enabling you to use and enjoy the Rao IT Services as provided by Rao IT inc., and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Rao IT Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Rao IT Software or otherwise assign any rights to the Rao IT Software in whole or in part. You may not use the Rao IT Software for any illegal purpose. We may cease providing any Rao IT Software and we may terminate your right to use any Rao IT Software at any time. Your rights to use the Rao IT Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Rao IT Software that are specifically identified in related documentation may apply to that Rao IT Software (or software incorporated with the Rao IT Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Rao IT Service is the property of Rao IT inc., or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the Rao IT Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Rao IT Software, whether in whole or in part, or create any derivative works from or of the Rao IT Software.
  4. Updates. In order to keep the Rao IT Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Rao IT Software. If you are a U.S. Government end user, we are licensing the Rao IT Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Rao IT Software are the same as the rights we grant to all others under these Conditions of Use.