Terms and Conditions
TERMS AND CONDITIONS
Effective date: 1st April 2021
1. Introduction
Welcome to www.rackpath.com (“Site” or “Website”).
RackPath Network Equipment (Yunnan) Co. Ltd that is registered in China owns and operates this website. The terms "we," "us," "RackPath," and "our" apply to RackPath Network Equipment(Yunnan)Co. Ltd. on the Site.
You (“User” or “Customer”) participate in our “Service” by visiting our site and/or buying something from us, and you agree to abide by the following terms and conditions (“Terms”), including all those additional terms and policies referenced herein and/or accessible by hyperlink.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICY, YOU SHOULD NOT USE THE SERVICES.
2. General Information
· About. RackPath is a website that shows customers all the product information they might need to know including price, owner’s manual, CAD drawings, pictures, product descrptions, weight, the accessories incuded and various other services. To find out about what we do, please refer to www.rackpath.com
· Descriptions. The pictures of the products (and packaging) on our website are for illustrative purposes only. We work to ensure that colors are displayed accurately but we can’t guarantee that a device’s display of the colors exactly reflects those of our products.
· Sole discretion. We reserve the right to add/discontinue any product or service anytime at our sole discretion.
3. Eligibility
RackPath only allows persons who are legally able to enter into and form contracts on the Internet to purchase products. If you are under the age of 18, you can only use the Services with your parent's or legal guardian's permission. Please ensure that your parent or legal guardian has read and agreed to these Terms.
4. Products, Content and Specifications
All product and service features, content, requirements, items, and prices described or illustrated on this Website are subject to change at any time. Weights, measurements, and similar descriptions are given for convenience only and are approximate. We make every effort to accurately show the features and colors of our products; however, the actual color you see will be dependent on your computer system, and we cannot guarantee that your computer will accurately display those colors. The availability of any products or services on this Website at any given time does not mean or guarantee that they will be accessible at all times. It is your duty to learn about and follow all local, state, federal, and foreign laws (including minimum age requirements) that apply to the possession, use, and sale of any item purchased from this Website. By making an order, you agree that the products can only be used in legal ways. All of the items on this website are designed and offered exclusively for aftermarket use. Even if these items have brand names added, the use of such brand names is purely for the purpose of brand recognition and reference. By reference, any terms and conditions found on product details webpages on the Website, such as the terms and conditions for RackPath Gift Certificates, are integrated into this Terms and Conditions. You accept all relevant product terms and conditions by using the Website and purchasing any product or service via the Website.
5. Orders
Acceptance and availability of all orders are subject to change. You will receive an email acknowledging the specifics of your order once you have put it on the Site. This email does not mean that your order has been approved. If you cancel your order, approval of your order will be perfected when the packing of your order is done. We reserve the right to refuse to process and thus accept a transaction for any cause or to refuse service to anyone at any time. We would not be responsible to you or any third party if we withdraw a product from the Site, refuse to process a transaction, or unwind or cancel a transaction that has already begun processing.
6. Payment
Our Site accepts all major payment methods which include:
· Visa (credit and debit cards)
· MasterCard (credit and debit cards)
· American Express
· Any other payment method displayed on our Site.
We reserve the right to add or change our payment methods at sole discretion anytime.
7. Pricing Policy
For International Sales, any import duty/tax or charges on our products will be paid by the Purchaser.
Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you had placed your order for a product before the price change, the price will be as stated on our website at the time when you had placed your order.
8. Shipping
When you place an order, it will be delivered to the address you specify as long as that address is valid. As goods purchased from this Website are sent to the courier, the risk of loss and title transfer to you. You are liable for filing any damage and/or lost shipment claims with carriers.
- Returns & Exchanges
Please refer to our Returns and Exchanges policy for more information on this section.
- Permitted use
You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):
- Access any of the Services by any means other than through the interface that is provided by RackPath;
- Gain unauthorized access to RackPath’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, RackPath’s networks, and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by RackPath in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
11. Discount Codes
We may provide promotional codes offering a discount on our product. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.
12. Limited License and Site Access; Acceptable Use
You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
13. Accounts, Registrations, and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. RackPath is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of RackPath. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify RackPath immediately of any breach of security or unauthorized use of your account. RackPath cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.
14. Intellectual Property Rights
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at wlliam.jia@rackpath.com.
User published Content remains the intellectual property of the individual user. By posting Content on our Website, you grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, 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, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.
15. Trademarks
You fully understand that all trademarks, service marks, and trade names of Company (including, but not limited to, the Company name and corporate logo) are trademarks or licensed trademarks or service marks of Company or its associates, affiliates, partners, vendors, or licensors. Without Company's prior written permission, you may not use, copy, print, republish, upload, post, transmit, distribute, or alter Company trademarks in any way, including in ads or publicity relating to the distribution of materials on this web. It is not permissible to use the Company's trademarks on any other website or network computer environment. Without prior written approval from the Company, you can not use Company Marks as a "hot" link on or to any other Website (for instance, participation in our affiliate program). On the RackPath website, all brand names and trademarks are trademarks of their respective owners.
Any reference to a third-party product, operation, service, or offering by trade name, trademark, manufacturer, or otherwise is for informational purposes only and does not imply:
- RackPath's endorsement or recommendation.
- RackPath's position as an authorized dealer of such third-party
iii. RackPath's production or selling of such third-party items.
16. Monitoring Activity
RackPath has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you.
17. Digital Millennium Copyright Act
RackPath expects all users to respect the intellectual property rights of others. RackPath may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at wlliam.jia@rackpath.com. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for RackPath to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
18. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RACKPATH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
19. Limitation of Liability
You agree that in no event shall RackPath be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or RackPath' secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
20. Indemnification
You agree to indemnify and hold RackPath and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
21. Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms and Conditions shall be governed by and construed in accordance with the laws of China.
22. Children
If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.
23. Privacy & Cookies
For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.
24. Links To Other Web Sites
Our site may contain links to third-party web sites or services that are not owned or controlled by us. RackPath has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that RackPath 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 such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
25. Changes
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revized since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revized by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
26. Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
27. Severability
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
28. Assignment
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
29. Force Majeure
RackPath is not liable for any delays caused by circumstances beyond RackPath’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, RackPath shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and RackPath are entitled to terminate the purchase with immediate effect.
30. Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and RackPath concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive RackPath's right to act concerning subsequent or similar breaches.
31. Term and Termination
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to RackPath shall survive any termination.
32. Contact Us
For any questions, complaints, and queries or to report any violations, kindly send an email on wlliam.jia@rackpath.com.