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Terms of Use

Raptor Tech, Inc. (“RT”) maintains this website (“Website” or “Site”) to provide information to the public (“You” and “Your” in the following) about RT’s products and services. Please read the following terms and conditions carefully before You start to use the Website. They govern Your access to and define to what extent You are permitted to use the Website including the Content, functionality, and services offered on or through the Site, whether as a guest or as a customer. By using the Website, You accept and agree to be bound and abide by these terms and conditions and those within our Privacy Policy (the latter incorporated by reference) (collectively, “Terms of Use”). If You do not agree to be bound by these Terms of Use, You must not access and have no right to use the Website. RT reserves the right to revise the Terms of Use at any time and without notice to You. You understand that it is incumbent on You to check the Terms of Use each time You visit the Site.

1. Acceptance of the Terms of Use

To confirm, by accessing the Website, You agree to be bound and abide by the Terms of Use. If You do not agree to bound by and abide by the Terms of Use, You must not access and use the Website. For convenience, RT is identified in the following also as “Company”, “We”, “Us”, or “Our”.

This Website is offered and available only to users – who are 13 years of age or older – and reside in the United States or any of its territories or possessions. By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You are not permitted to access and use the Website.

2. Changes to the Terms of Use

Again, We may modify these Terms of Use at any time and in Our sole discretion. The Terms of Use become effective immediately when We post them. Your access to the Website following the posting of modified Terms of Use constitutes Your acceptance to the Terms of Use as changed.

3. Accessing the Website and Account Security

You are responsible to make all arrangements that are necessary to access the Website and to inform those who access the Website through Your connection the substance of these Terms of Use and ensure their compliance with them. To the extent that We request that You provide certain information, You agree to provide only correct, current, and complete information. The information that We obtain from or about You is governed also by the Privacy Policy. You agree that We can use that information consistent with the Terms of Use. We reserve the right to withdraw or amend this Website, and any service or material We provide on or through the Website, in Our sole discretion, and without notice to You. We will not be liable if, for any reason, any part of or all the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of, or the entire Website, to certain or all users.

We have the right to disable any username, password or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of these Terms of Use.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, DOWNLOADING OR OBTAINING INFORMATION, MATERIALS, OR DATA FROM OR THROUGH, OR OTHER USE OF THE SITE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM OR PORTABLE DEVICE OR INFORMATION HANDLING SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE CONTENT PROVIDED BY OR THROUGH IT. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT RT WILL NOT BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, ARISING FROM ANY USE OR INACCESSIBILITY OF THE SITE OR OF ANY OTHER HYPER-LINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, INFRINGEMENT, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF RT HAS EXPRESSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Intellectual Property Rights

We provide a wide range of information including but not limited to images, video, sound, and text through the Website (“Content”) in one or more distinctive arrangements and with features and functionalities including displays, transitions, or selection options.

Among the intellectual property rights that We may have in and to the Content and the arrangements, features, and functionalities (by Our ownership or through one or more licenses or other permissions) are the following:

  • Copyright in images, video, sound, text, and arrangements;
  • Trademark in the distinctive words, designs, slogans, or other distinctive symbols by which We are identified as the source of the Content and the products and services offered through the Website; and
  • Patent (design or utility) in the distinctive displays or novel features or functionalities provided through or by the Website

.

The Content may include also components that are owned by one or more third parties that appear in the Content such as under the terms of a license or otherwise (“Third Party Components”).

The entire title, ownership rights and all intellectual property rights in and to the Content, and the features and functionalities including the arrangement and selection of and the transitions within the Content are and remains with RT, or, as relevant, Our licensors or other providers. You are permitted to exercise Our intellectual property rights solely to achieve the Objectives (defined below) and within the scope of the right to use defined below (or as otherwise permitted by law).

The Content, features, and functionalities may be protected under this agreement and by the copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws of the United States or one or more foreign jurisdictions.

5. Grant

Provided You are eligible to access this Website and only as long as You continue to honor these Terms of Use, You are granted a limited, non-transferrable, non-exclusive right to access and obtain information from the Website for Your personal, non-commercial use to consider the purchase of or actually to purchase product from Us (“Objectives”).

To accomplish one or both those Objectives, You are permitted to:

  • Temporarily store copies of the some of the Content in RAM incidental to Your access to and viewing of those stored copies;
  • Store files that are automatically cached by Your Web browser for display enhancement purposes;
  • Print or download one copy of a reasonable number of pages of the Website but not for further reproduction, modification, publication, or distribution; and
  • Download a single copy of a desktop, mobile or the one or more other applications that We make available for download to Your computer or mobile device provided You agree to be bound also by the End User License Agreement that We may provide for such applications.

Other than as permitted above, the non-exclusive grant of the right to Use does not permit You to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content. More specifically, You must not:

  • Modify copies of any Content from the Website;
  • Separate any illustrations, photographs, video or audio sequences, or any graphics from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site;
  • Use any Content to prepare information that misrepresents or to offer products or service that competes with Our products or services; and
  • Create or provide information or materials for third parties or that can be linked to or framed by other websites in any way.

In addition, You agree to use the Website only for lawful purposes and in accordance with these Terms of Use and specifically agree not to:

  • Violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • Exploit, harm, or attempt or conspire to exploit or harm minors in any way by exposing them to inappropriate content or to ask them for personally identifiable information or otherwise;
  • Transmit, or procure the sending of any advertising or promotional material, without Our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • Impersonate, or attempt to impersonate RT, a RT employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
  • Disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and
  • Otherwise attempt to interfere with the proper working of the Website or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm RT or users of the Website or expose them to liability.

Additionally, You agree not to use any:

  • Robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  • Manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; and
  • Device, software or routine that interferes with the proper working of the Website.

All rights not expressly granted to You are reserved by RT. If You engage in any conduct that is not wholly within the scope of the right to use defined above, or violate any other of the Terms of Use, Your right to use the Website will cease immediately. Upon such occurrence, You must, at our option, return or destroy any copies of the materials that You have made. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and, in addition to a breach of contract, may violate copyright, trademark, trade secret, and other laws.

6. Reliance on Information Posted

THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR USE WITHIN THE SCOPE OF THE GRANT. WHILE RT STRIVES TO ENSURE THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE AND RELIABLE, RT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE WITH RESPECT TO SUCH INFORMATION, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS IN THE CONTENT OF THIS SITE. THE INFORMATION PROVIDED IN THE SITE SHOULD NOT BE CONSTRUED AS OFFERING SPECIFIC ADVICE OR PROFICIENCY FOR ANY PROFESSIONAL OR ENGINEERING DISCIPLINE OR TRADE OR TASK AREA. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF THIS INFORMATION.

YOU WAIVE AND HOLD HARMLESS RT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY YOU OR OTHERS ON YOUR BEHALF DUE TO YOUR RELIANCE ON INFORMATION PROVIDED AT THE SITE INCLUDING BY OR FROM THIRD PARTIES INCLUDING THE THIRD PARTY COMPONENTS.

7. User Suggestions, Submissions, or Contributions

We do not request or accept any idea, concept, suggestion, expression, or material from the public (“Submission”). You should not make any Submissions to Us, either to the Site or otherwise. If You do make a Submission through the Website or otherwise, despite Our request that You not do so, then such Submission will be considered non-confidential and nonproprietary and We have the right to take any action with respect to the Submission that We wish or deem necessary, including to disclose Your identity and other information about You, terminate or suspend Your access to the Website, or refer the matter to law enforcement. You grant to Us, and Our affiliates, successors, assigns, service providers, and licensees, the right to exercise all rights to and grant rights to third parties of each Submission for any purpose whatsoever without further permission from or payment to You. We shall own all improvements or modifications to or applications of the Submissions.

YOU WAIVE AND HOLD HARMLESS RT AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES DURING OR AS A RESULT OF AN INVESTIGATION CONDUCTED BY SUCH PARTIES OR OTHERWISE.

8. Information About You and Your Visits to the Website

All information that We collect on this Website is subject to our Privacy Policy. By using the Website, You consent to all actions taken by Us with respect to information from or about You in compliance with the Privacy Policy.

9. Prices, Specifications, Etc.

Prices, specifications, protocols, and other details provided on or through the Website are subject to change at any time without prior notice.

10. Linking to the Website and Social Media Features

You may link to Our homepage, provided You do so in a way that We deem is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part without our express written consent.

This Website may provide certain social media features that enable You to:

  • Link from your own or certain third-party websites to certain Content on this Website;
  • Send e-mails or other communications with certain Content or links to certain Content on this Website; and
  • Cause limited portions of the Content on this Website to be displayed or appear to be displayed on Your own or certain third-party websites.

You may use these features solely as they are provided by Us solely with respect to the Content with which they are displayed. Subject to the foregoing, You must not:

  • Establish a link from any website that is not owned by You;
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • Link to any part of the Website other than the homepage; and
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

11. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources. We accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

12. Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

13. Disclaimer of Warranties

We cannot and do not warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our site for any reconstruction of any lost data. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RT, NOR ANY PERSON ASSOCIATED WITH RT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER RT NOR ANYONE ASSOCIATED WITH RT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. RT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation on Liability

IN NO EVENT WILL RT , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You agree to defend, indemnify and hold harmless RT, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, Your Submissions, any use of the Content, services and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website.

16. Governing Law

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. YOU WAIVE ANY RIGHT TO SEEK A JURY TRIAL.

17. Arbitration

If RT wishes to resolve any claim or dispute in connection with these Terms of Use by arbitration, the controversy or claim shall be settled by arbitration under the then current Commercial Arbitration Rules of the American Arbitration Associates to be held in Chicago, Illinois, or such other location as We shall determine. We shall have the right to seek injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. We shall have the right also to, without waiving any remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the Our rights or property, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The judgment upon the arbitral award may be entered in and enforced by a court of competent jurisdiction. Notwithstanding the foregoing, We shall not be precluded from securing equitable remedies in courts of any jurisdiction, including but not limited to, temporary restraining orders and preliminary injunctions to protect or rights and interests.

18. Waiver and Severability

No waiver of by RT of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

19. Entire Agreement

The Terms of Use that includes Our Privacy Policy constitute the sole and entire agreement between You and RT with respect to your use of the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

May 9, 2019 version