Conditions of Use
Last updated: June 1, 2014
Welcome to RaoStrategicSolutions.com. Rao Group Inc., and/or its affiliates (“Rao Group”) provide website features and other products and services to you when you visit or shop at RaoStrategicSolutions.com, use “Rao Group” products or services, use Rao Group applications for mobile, or use software provided by Rao Group in connection with any of the foregoing (collectively, “Rao Group Services”). Rao Group provides the Rao Group Services subject to the following conditions.
By using Rao Group Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Rao Group Services, and sometimes additional terms may apply. When you use an Rao Group Service you also will be subject to the guidelines, terms and agreements applicable to that Rao Group Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Rao Group Services, to understand our practices.
When you use any Rao Group 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 Group 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.
All content included in or made available through any Rao Group Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Rao Group 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 Group Service is the exclusive property of Rao Group and protected by U.S. and international copyright laws.
Rao Group trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Rao Group Service are trademarks of Rao Group in the U.S. and other countries. Rao Group’s trademarks may not be used in connection with any product or service that is not Rao Group’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rao Group. All other trademarks not owned by Rao Group that appear in any Rao Group Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rao Group.
One or more patents owned by Rao Group apply to the Rao Group Services and to the features and services accessible via the Rao Group Services. Portions of the Rao Group 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 Group 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 Group Services. This license does not include any resale or commercial use of any Rao Group Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Rao Group 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 Group or its licensors, suppliers, publishers, rights-holders, or other content providers. No Rao Group Service, nor any part of any Rao Group Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rao Group. 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 Group’s name or trademarks without the express written consent of Rao Group. You may not misuse the Rao Group Services. You may use the Rao Group Services only as permitted by law. The licenses granted by Rao Group terminate if you do not comply with these Conditions of Use or any Service Terms.
Rao Group 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 Group 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 Group 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 Group 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 Group for all claims resulting from content you supply. Rao Group has the right but not the obligation to monitor and edit or remove any activity or content. Rao Group takes no responsibility and assumes no liability for any content posted by you or any third party.
Rao Group 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 Group 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 Group does not take title to the refunded item.
Rao Group attempts to be as accurate as possible. However, Rao Group does not warrant that product descriptions or other content of any Rao Group Service is accurate, complete, reliable, current, or error-free. If a product offered by Rao Group itself is not as described, please notify our office immediately.
Except where noted otherwise, the List Price or Suggested Price displayed for products and / or services Rao Group 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 Group, 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 Group 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 GROUP 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 Group Services (the “Rao Group Software”).
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 GROUP SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RAO GROUP SERVICES ARE PROVIDED BY RAO GROUP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RAO GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RAO GROUP SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RAO GROUP SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RAO GROUP PRODCUTS AND SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAO GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAO GROUP DOES NOT WARRANT THAT THE RAO GROUP SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RAO GROUP SERVICES, RAO GROUP’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RAO GROUP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAO GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RAO GROUP SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RAO GROUP 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.
Any dispute or claim relating in any way to your use of any Rao Group Service, or to any products or services sold or distributed by Rao Group or through Raostrategicsolutions.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.
By using any Rao Group Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, 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 Group.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
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 Group Software Terms
1. Use of the Rao Group Software/ online services. You may use Rao Group Software solely for purposes of enabling you to use and enjoy the Rao Group Services as provided by Rao Group, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Rao Group 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 Group Software or otherwise assign any rights to the Rao Group Software in whole or in part. You may not use the Rao Group Software for any illegal purpose. We may cease providing any Rao Group Software and we may terminate your right to use any Rao Group Software at any time. Your rights to use the Rao Group 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 Group Software that are specifically identified in related documentation may apply to that Rao Group Software (or software incorporated with the Rao Group 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 Group Service is the property of Rao Group or its software suppliers and protected by United States and international copyright laws.
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 Group Software, whether in whole or in part, or create any derivative works from or of the Rao Group Software.
4. Updates. In order to keep the Rao Group 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 Group Software. If you are a U.S. Government end user, we are licensing the Rao Group 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 Group Software are the same as the rights we grant to all others under these Conditions of Use.