Terms of Service
rackAIDÂ® LLC provides the following terms of service. This document outlines the terms and conditions of rackAIDÂ® LLC's services and the obligation of you (the Client) and rackAIDÂ® LLC. Please review this document carefully before requesting rackAIDÂ® LLC's services. In addition to this document, please see our Billing and Payment Terms and Follow-up Policy.
rackAIDÂ® LLC provides its computer consulting services (Service) to you, subject to the following Terms of Service ("TOS"). The TOS may be updated at any time without notice to you. You understand and agree that the Service is provided "AS-IS" and that rackAIDÂ® LLC assumes no responsibility for the errors, omissions, or other problems related to the Service. You agree that rackAIDÂ® LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through rackAIDÂ® LLC's website or services.
Duties of Client
Client must supply to rackAIDÂ® LLC at the time of entering this Agreement information required to access and complete the services in this Agreement. This includes but is not limited to, Internet Protocol (IP) address of server, completion of authorization statement, password and other information required to complete services. Client shall inform rackAIDÂ® LLC of any existing errors, previous conditions, configuration changes, non-standard software, special circumstances or other reasons why the server may not be of a standard configuration or otherwise interfere with services to be performed by rackAIDÂ® LLC.
Refusal of Service
rackAIDÂ® LLC reserves the right to refuse service for any reason. At any time, rackAIDÂ® LLC reserves the right to restrict access to any company-owned resources, including email systems, help desk, web site or other property.
rackAIDÂ® LLC will not use or disclose to others without Client's written consent Client's confidential information, except when reasonably necessary to perform the services under this Agreement. "Confidential information" includes, but is not limited to:
- the written, printed, graphic or electronically recorded materials furnished by Client for use by rackAIDÂ® LLC
- Client's business plans, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind
- any written or tangible information stamped "confidential," "proprietary" or with a similar legend, and
- any written or tangible information not marked with a confidentiality legend, or information disclosed orally to rackAIDÂ® LLC, that is treated as confidential when disclosed and later summarized sufficiently for identification purposes in a written memorandum marked "confidential" and delivered to rackAIDÂ® LLC within 30 days after the disclosure.
- rackAIDÂ® LLC shall not be restricted in the use of any material which is publicly available, already in rackAIDÂ® LLC 's possession or known to rackAIDÂ® LLC without restriction, or which is rightfully obtained by rackAIDÂ® LLC from sources other than Client.
- rackAIDÂ® LLC's obligations regarding proprietary or confidential information extend to information belonging to customers and suppliers of Client about whom rackAIDÂ® LLC may have gained knowledge as a result of rackAIDÂ® LLC's services to Client.
- rackAIDÂ® LLC will not disclose to Client information or material that is a trade secret of any third party.
- the provisions of this clause shall survive any termination of this Agreement.
- please see our privacy and non-disclosure policies for additional information.
Feedback and Marketing Information
rackAID may contact you with regards to our products and services, company news or other items relating ot your services. We try to limit such communications to within 90 days of your service date. rackAID may contract third parties to solicit feedback or information on our behalf. Your information will not be sold to these parties and they cannot contact you without our permission. By using our services, you agree to receive these email, telephone or mail notifications.
YOU UNDERSTAND AND AGREE THAT rackAIDÂ® LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF rackAIDÂ® LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Copyright, Trademarks Servicemarks
rackAIDÂ® LLC, the rackAIDÂ® LLC logo, other rackAIDÂ® LLC logos and product and service names are trademarks/servicemarks of rackAIDÂ® LLC. rackAIDÂ® LLC does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. rackAIDÂ® LLC reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
rackAIDÂ® LLC reserves all rights to work product. Work product includes, but is not limited to, the programs and documentation, including all ideas, routines, object and source codes, specifications, flow charts and other materials, in whatever form, developed solely for Client. Client agrees that rackAIDÂ® LLC shall retain any and all rights rackAIDÂ® LLC may have in the work product. Work product includes all postings in our help desk system. All content of the help desk, including client postings, are the work product of rackAIDÂ® LLC.
The use of the rackAIDÂ® LLC name, logo, or other identifying features is prohibited. If you wish to use the rackAIDÂ® LLC name or logo, please contact rackAIDÂ® LLC for permission.
THE SERVICE PROVIDED BY rackAIDÂ® LLC IS ON AN "AS IS" BASIS, AND rackAIDÂ® LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL rackAIDÂ® LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
Scope of Agreement
The TOS constitute the entire agreement between you and rackAIDÂ® LLC and governs your use of the Service, superseding any prior agreements between you and rackAIDÂ® LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and rackAIDÂ® LLC shall be governed by the laws of the State of Florida and the United States of America without regard to its conflict of law provisions. The failure of rackAIDÂ® LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the other provisions of the TOS remain in full force and effect. 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 the TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.