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1. DEFINITIONS
Rackxpress.com is the web site maintained on the World Wide Web by .
"The site" or
"site" refers to Rackxpress.com. "User,"
or collectively "Users," refers to any party who
accesses the site. "RackXpress" refers to "Rackxpress.com."
"Access" means viewing or
otherwise obtaining information located on Rackxpress.com. "Agreement"
refers to these Terms
of Use and any subsequent modification.
2. ACCEPTANCE OF TERMS
By accessing the site via the World Wide Web or any other medium, User accepts
and agrees to
all conditions imposed in this Terms of Use Agreement.
RackXpress reserves the right to modify these Terms of Use at any time without
notice to
User, including imposing a fee to access certain materials contained on the site.
Any change in
these Terms of Use is effective immediately upon User's receipt of notice
from RackXpress.
Notice can be given through e-mail, posting on the site or any other means by
which User may
obtain notice. Users should periodically check these Terms of Use for changes.
Any use of the
site after changes have been made shall be deemed acceptance of those changed
Terms of Use.
RackXpress has the exclusive right to control accessibility, hours of use, features
on the site
and any other information found on the site. RackXpress can restrict access
to any or all
portions of the site or remove any information or content from the site at any
time. RackXpress
reserves the right to monitor use of the site.
User is solely responsible for providing the equipment related to accessing the
site, including all
computer, remote communications equipment, telephone or other equipment.
3. USER ACCOUNTS
If you establish an account at this site in order to purchase products or receive
information from
us, you are responsible for maintaining the confidentiality of your account and
your password.
By establishing an account, User agrees to accept responsibility for all activities
that occur at the
site under your account and password. RackXpress reserves the right, in its
sole discretion, to
refuse service, cancel orders or terminate your account.
4. COPYRIGHT AND MARKS
All content on the site (with the exception of content provided by RackXpress's
third party
content providers and materials posted by Users) are the copyrighted property
of RackXpress.
Other than the download to the viewer's computer that is inherent in viewing
a web page, site
contents may not be copied, reproduced, modified, published, uploaded, posted,
transmitted,
"framed" on another site, or distributed in any way without the prior
written consent of RackXpress.
Users must retain all copyright and other proprietary notices on any authorized
reproductions of any portion of the site. Any third party marks and content appearing
on the site
are the property of their respective owners. You are not permitted to use any
of these third party
marks or content without permission of the respective owner.
Users posting their own content on the site pursuant to the terms of this Agreement
retain the
copyright in such material, but they are deemed to have given RackXpress a license
to the
material sufficient for the purposes of operating the web site, which means RackXpress
can
copy the material for backup and archival purposes, display it on the web site,
allow viewers to
view it (including by downloading a copy to the viewer's machines) and edit
it for length or
compliance with the rules applicable to User postings on the site. This license
is perpetual,
worldwide, transferable as part of any transfer of the web site in whole or in
part, and fully-paid
up. RackXpress also has the right to remove User content from the site at any
time for any
purpose.
5. PROHIBITED CONDUCT
User expressly agrees to refrain from doing, either personally or through an agent,
any of
the following:
a) Use any device or other means to harvest information about other Users.
b) Transmit, install, upload or otherwise transfer any virus or other item or
process to the
site that in any way affects the use, enjoyment or service of the site.
c) Transmit, install, upload or otherwise transfer any virus or other item to
the site that in
any way affects the use, enjoyment or service of any User's or any RackXpress
employee's computer or other medium used to access the site.
d) Post any material on the site that is offensive to any other User. RackXpress
maintains
the exclusive right to determine what is offensive.
e) Post or store on the site any content that violates or infringes the intellectual
property
rights of others (including but not limited to copyrights, trademarks, trade secrets,
patents
and publicity rights).
f) Modify the information, including headers, found on the web site.
g) Transmit, install, upload or otherwise transfer to the site any unauthorized
advertisement
or communication.
h) Engage in any action which RackXpress determines is detrimental to the use
and
enjoyment of the site.
i) Use the site for any unlawful or defamatory means.
j) Transmit, install, upload, post or otherwise transfer any information in violation
of the
laws of the United States or post any information that could result in civil unrest.
k) Attempt to access, or access, the personal information of another User which
is stored on
this site.
l) Permit any person to access this site using the User's password.
m) Attempt to, or access, this site using another User's password.
n) Use any "deep-link", "page-scrape", "robot",
"spider" or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process,
to
access, acquire, copy or monitor any portion of the site or any content, or in
any way
reproduce or circumvent the navigational structure or presentation of the site
or any
content, to obtain or attempt to obtain any materials, documents or information
through
any means not purposely made available through the site. RackXpress reserves
the
right to bar any such activity.
o) Probe, scan or test the vulnerability of the site or any network connected
to the site, or
breach the security or authentication measures on the site or any network connected
to the
site, or reverse look-up, trace or seek to trace any information on any other
User or any
other customer of RackXpress, including any RackXpress account not owned by
you, to its source, or exploit the site or any service or information made available
or
offered by or through the site, in any way where the purpose is to reveal any
information,
including but not limited to personal identification or information, other than
your own
information, as provided for by the site.
6. DISCLAIMER AND LIMITATION OF LIABILITY
Although RackXpress has attempted to provide accurate information on the site,
it makes no
guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness
or
completeness of that information and assumes no responsibility for any errors
or omissions
therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY
KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY
DISCLAIMED. NEITHER RackXpress NOR ITS AFFILIATES, EMPLOYEES,
AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY
LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR
CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS,
LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING
FROM NEGLIGENCE OR OMISSION OF RackXpress, COMPUTER VIRUS OR
OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED
ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER
MEANS. RackXpress IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR
NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL RackXpress OR ANY OF ITS AFFILIATES, AGENTS,
EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE
FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL RackXpress OR ANY OF ITS AFFILIATES, AGENTS,
EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT,
HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES
IN CONNECTION WITH USE OF THE SITE.
7. THIRD PARTY CONTENT
RackXpress is not the publisher or speaker of any information on the site that
is provided by
third party content providers or by Users, and RackXpress is not liable for
any claims related
to that information. Any mention on the site of products or services provided
by third parties is
for informational purposes only and constitutes neither an endorsement nor a recommendation
by
RackXpress. RackXpress assumes no responsibility for those products or services.
Any
dealings among any User and any third parties mentioned on or found through the
site are solely
between the Users and the third parties, and are subject to any terms, conditions,
warranties or
representations associated with those dealings.
RackXpress MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE
ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF
THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT
LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT
ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE.
ADDITIONALLY, RackXpress DOES NOT WARRANT THE EXISTENCE OR
FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK
LOCATED ON THIS SITE.
8. User Content
RackXpress may from time to time and at its sole discretion post content on
the site that has
been submitted to RackXpress by User, including but not limited to product reviews
or other
comments (collectively, "User Content"). User may not use a false e-mail
address, impersonate
any person or entity, or otherwise mislead as to the origin of any User Content.
User retains the copyright in any User Content and grants RackXpress a nonexclusive,
royaltyfree,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt,
publish, translate, create derivative works from, distribute, and display, throughout
the world in
any media, any and all User Content. User also grants RackXpress the right to
use the name
submitted by User in connection with User Content, if RackXpress so chooses.
User represents
and warrants that User owns or otherwise controls all of the rights to the User
Content; that the
User Content is accurate; that use of the User Content does not violate this Agreement
and will
not cause injury to any person or entity; and that User will indemnify RackXpress
for all
claims resulting from the User Content. RackXpress has the right but not the
obligation to
monitor and edit or remove any User Content. RackXpress takes no responsibility
and
assumes no liability for any User Content.
9. INDEMNIFICATION
User agrees to defend, indemnify and otherwise hold harmless RackXpress and
its officers,
directors, agents, employees and assigns from and against any cause of action
or claim, including
legal fees, related to User's use of the site.
10. SECURITY
Users are prohibited from violating or attempting to violate the security of the
site. RackXpress
will investigate occurrences of possible violations and will cooperate with all
applicable
law enforcement authorities in prosecuting violators.
11. VIOLATION OF THESE TERMS OF USE
RackXpress may disclose any information we have about you (including your identity)
if we
determine that such disclosure is necessary in connection with any investigation
or complaint
regarding your use of the site, or to identify, contact or bring legal action
against someone who
may be causing injury to or interference with (either intentionally or unintentionally)
RackXpress
's rights or property, or the rights or property of visitors to or users of
the site, including the
RackXpress's customers. RackXpress reserves the right at all times to
disclose any information
that RackXpress deems necessary to comply with any applicable law, regulation,
legal process
or governmental request. RackXpress also may disclose your information when
RackXpress
determines that applicable law requires or permits such disclosure, including
exchanging
information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that RackXpress may preserve any transmittal or communication
by you with RackXpress through the site or any service offered on or through
the site, and may
also disclose such data if required to do so by law, or RackXpress determines
that such
preservation or disclosure is reasonably necessary to: (1) comply with legal process,
(2) enforce
these Terms of Use, (3) respond to claims that any data violates the rights of
others, or (4) protect
the rights, property or personal safety of RackXpress, its employees, users
of or visitors to the
site, and the public.
You agree that RackXpress may, in its sole discretion and without prior notice,
terminate your
access to the site and/or block your future access to the site if we determine
that you have
violated these Terms of Use or other agreements or guidelines which may be associated
with
your use of the site. You also agree that any violation by you of these Terms
of Use will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to RackXpress,
for which monetary damages would be inadequate, and you consent to RackXpress
obtaining any injunctive or equitable relief that RackXpress deems necessary
or appropriate in
such circumstances. These remedies are in addition to any other remedies RackXpress
may
have at law or in equity.
You agree that RackXpress may, in its sole discretion and without prior notice,
terminate your
access to the site, for cause, which includes (but is not limited to): (1) requests
by law
enforcement or other government agencies, (2) a request by you (self-initiated
account
deletions), (3) discontinuance or material modification of the site or any service
offered on or
through the site, or (4) unexpected technical issues or problems.
If RackXpress does take any legal action against you as a result of your violation
of these
Terms of Use, RackXpress will be entitled to recover from you, and you agree
to pay, all
reasonable attorneys' fees and costs of such action, in addition to any other
relief granted to The
RackXpress. You agree that RackXpress will not be liable to you or to any
third party for
termination of your access to the site as a result of any violation of these Terms
of Use.
12. TERMINATION OF AGREEMENT
Either RackXpress or User may terminate this Agreement at its discretion. In
addition to The
RackXpress's other rights, RackXpress may terminate access to this site
or cancel membership
to any service that RackXpress provides on the site, if User breaches this Agreement
in any
way or engages in conduct that RackXpress deems inappropriate. In the event
of termination
of this Agreement, the provisions in this paragraph and the provisions found in
paragraphs 4, 5,
6, 7, 8, 9 and 11 shall survive.
13. LINKS
User is granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home
page of the site so long as the link does not portray RackXpress or its products
or services in a
false, misleading, derogatory, or otherwise offensive matter. User may not use
any RackXpress
logo or other proprietary graphic or trademark as part of the link without express
written
permission. RackXpress reserves the right to terminate any link found on the
site at any time.
User may not utilize framing techniques to enclose any trademark, logo, or other
RackXpress
proprietary information (including images, text, page layout, or form) or use
any meta tags or
any other "hidden text" utilizing RackXpress's name or trademarks
without RackXpress's
express written consent.
14. COPYRIGHT PROTECTION
RackXpress honors the intellectual property rights of others and asks the same
of Users of the
site. RackXpress may, in its sole discretion, terminate the accounts or access
rights of Users
whose actions infringe or otherwise violate the intellectual property rights of
others. If you
believe your work has been infringed, please provide RackXpress with the following
information:
a) A physical or electronic signature of a person authorized to act on behalf
of the owner of an
exclusive right that is allegedly infringed;
b) Identification of the copyright work claimed to have been infringed or, if
multiple
copyrighted works at a single online site are covered by a single notification,
a representative
list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the
subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit RackXpress to identify the material;
d) Information that is reasonably sufficient to permit RackXpress to contact
the complaining
party, such as address, telephone number and, if available, e-mail address;
e) A statement that the complaining party has a good faith belief that use of
the material in a
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
f) 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.
RackXpress can be contacted at:
By mail:
First Trade International, Corp.
Attn: RackXpress
554 N. Frederick Avenue
Suite 202
Gaithersburg, MD 20877
U.S.A.
By email: service@rackxpress.com
15. MISCELLANEOUS
These Terms of Use constitute the entire agreement between RackXpress and User
regarding
the subject matter hereof. Any previous agreement, whether oral or written, between
RackXpress
and User dealing with the subject matter hereof is superseded. If any portion
of this
Agreement is found to be unenforceable for any reason, such portion will be deemed
severed and
will not affect the enforceability of the remaining terms. Upon User's breach
of this Agreement,
RackXpress may pursue any legal or equitable remedy available, including but
not limited to,
direct, consequential and punitive damages and injunctive relief. RackXpress's
remedies are
cumulative and not exclusive. Failure of RackXpress to exercise any remedy or
enforce any
portion of this Agreement at any time shall not operate as a waiver of any remedy
or of the right
to enforce any portion of the Agreement at any time thereafter. User agrees that
regardless of any
statute or law to the contrary, any claim or action arising out of or regarding
this Agreement must
be filed within one (1) year after such claim or cause of action arose or be forever
barred. The
RackXpress makes no representation that the content of the site is appropriate
or available for use
in all locations. Users of this site are responsible for compliance with all applicable
local laws.
Any dispute arising out of this Agreement shall be governed by the laws of the
State of Indiana,
U.S.A, notwithstanding any conflicts of law principles. Any action relating to
this Agreement
must be filed and maintained in a state or federal court located in Montgomery
County, State of
Maryland, U.S.A., and each User consents to exclusive jurisdiction and venue in
such courts for
such purpose. |
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