Terms of Use

Welcome to the Raetiabooks.com website (collectively, "Raetiabooks"), a website owned and operated by Raetia Investments, LLC. (collectively, "Raetia Investments").

The terms and conditions stated below, along with the policies and guidelines located throughout the Raetiabooks site (collectively, "Terms of Use") identify what you, as a user of the Raetiabooks site (collectively, "you" or "User") can expect from Raetiabooks, and/or persons and/or organizations who provide products or services to Raetiabooks customers either directly or through Raetiabooks ("Raetiabooks Providers") and the Raetiabooks site and what Raetiabooks in turn expects from Users. By visiting any area on the Raetiabooks site, making a purchase via the Raetiabooks site or viewing, visiting or contributing to Raetiabooks or interactive features (all of the foregoing are sometimes referred to in this document as the "Raetiabooks Services"), a User is deemed to have accepted the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Raetiabooks site immediately.

I. LICENSES AND RESTRICTIONS

Raetiabooks grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Raetiabooks.com) of the contents of the Raetiabooks site, which includes the Digital Content, as defined in Section III, ("Content"). Additional terms and conditions apply to Digital Content, as those terms are defined in Section XII below. Raetiabooks further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Raetiabooks site so long as the link does not portray Raetiabooks.com, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

The foregoing licenses do not include any rights to:

  • modify, download (other than page caching, or with respect to Digital Content as set out in Section IV below), reproduce, copy, or resell the Raetiabooks site, the Content or any portion or derivative thereof;
  • commercially use the Raetiabooks site, the Content or any portion derivative thereof (unless User has a business relationship with Raetiabooks);
  • enable high volume, automated, electronic processes that apply to the Raetiabooks site or its systems, the Content or any portion or derivative thereof;
  • use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Raetiabooks site or its systems, the Content or any portion or derivative thereof for any purpose;
  • interfere or attempt to interfere with the proper working of the Raetiabooks site;
  • bypass any Raetiabooks measures used to prevent or restrict access to any portion of the Raetiabooks site, the Content or any portion or derivative thereof;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Raetiabooks.com;
  • use Raetiabooks name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
  • compile, repackage, disseminate or otherwise use data extracted from the Raetiabooks site.
  • The foregoing are expressly prohibited; the right to do any of the foregoing shall require Raetiabooks express written consent (which may include a written agreement signed by an authorized representative of Raetiabooks). Any unauthorized use of the Raetiabooks site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Raetiabooks.

II. TRADEMARKS

Raetiabooks.com, Raetia Investments, LLC., or their respective parents, subsidiaries, or affiliates, or third parties from whom Raetiabooks has permission, own the trademarks or service marks that are used on the Raetiabooks site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Raetiabooks and its licensors may not be used without prior written consent of Raetiabooks or its licensor, as the case may be. Without limiting the foregoing, no Raetiabooks trademark or trade dress may be used in connection with any product or service that is not Raetiabooks 's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Raetiabooks .

III. CONTENT

Proprietary Rights

User acknowledges that the Raetiabooks site contains Content, including Digital Content, as that term is defined in Section XII below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the U.S. copyright laws, and Raetiabooks owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Raetiabooks site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content, protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

IV. PRODUCT DESCRIPTION

The items offered for sale on the Raetiabooks contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Raetiabooks does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM RAETIABOOKS THAT IS NOT AS DESCRIBED ON THE RAETIABOOKS SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.

V. AGE OF USERS

Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Raetiabooks websites without the supervision of a parent or legal guardian.

VI. TERMINATION OF USAGE

Raetiabooks may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Raetiabooks site including any account thereon, without notice, for any reason in Raetiabooks sole discretion, including without limitation violation of the Terms of Use, Raetiabooks belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Raetiabooks, any Raetiabooks Provider or another User.

In certain cases, in Raetiabooks sole discretion, Raetiabooks may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Raetiabooks site has been terminated including the right to use, access or create any account thereon; (ii) that Raetiabooks refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

VII. INDEMNITY

User agrees to indemnify and hold Raetiabooks and each Raetiabooks Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use of the Raetiabooks site, the Raetiabooks Services, breach of the Terms of Use or User's violation of any law or the rights of a third party.

VIII. DIGITAL CONTENT

Raetiabooks offers Users the ability to purchase or download digital content, such as eBooks, digital magazines, digital newspapers, digital journals and other periodicals, blogs, and other digital content as determined by Raetiabooks from time to time from and through the Raetiabooks site (individually and collectively, "Digital Content"). Raetiabooks grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Digital Content in accordance with these Terms of Use.

Raetiabooks reserves the right to modify or discontinue the offering of any Digital Content at any time.

You may not (i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Raetiabooks site or Digital Content; (ii) create derivative works from or of the Raetiabooks site or Digital Content; (iii) bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Raetiabooks site or Digital Content; (iv) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content; or (v) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any third party.

IX. NOTICES

User acknowledges and agrees that any communication via e-mail, weather address to any email posted on this Raetiabooks site or any other email address from but not limited to Raetia Investments satisfies any legal requirement that such communications be made in writing.

X. DISCLAIMERS AND LIMITATION OF LIABILITY

Raetiabooks is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the Raetiabooks site or through the Raetiabooks Services, whether caused by the Raetiabooks Services or by any of the equipment or programming associated with or utilized in the Raetiabooks site or the Raetiabooks Services. Content, including Digital Content, does not necessarily reflect the opinions or policies of Raetiabooks . Raetiabooks site may contain links to other websites. Raetiabooks is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Raetiabooks . Inclusion of any linked website on the Raetiabooks Services does not imply approval or endorsement of the linked website by Raetiabooks . When you access these third party sites, you do so at your own risk. Raetiabooks takes no responsibility for third party advertisements or third party applications that are posted on or through the Raetiabooks site or the Raetiabooks Services, nor does it take any responsibility for the goods or services provided by its advertisers. Raetiabooks is not responsible for the conduct, whether online or offline, of any User of the Raetiabooks site or the Raetiabooks Services. Raetiabooks assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Raetiabooks is not responsible for any problems or technical malfunction of Raetiaboos.com Site, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Raetiabooks Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Raetiabooks site or Services. Under no circumstances shall Raetiabooks be responsible for any loss or damage, including personal injury or death, resulting from use of the Raetiabooks site or Services, from any Content, including Digital Content, posted on or through the Raetiabooks Services, or from the conduct of any Users of the Raetiabooks site or Raetiabooks Services, whether online or offline.

The Raetiabooks site are provided by Raetiabooks on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Raetiabooks provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither Raetiabooks nor any Raetiabooks Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Raetiabooks site, or the information, Content, including Digital Content, and materials or products included thereon; (ii) that the Raetiabooks site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content; or (iv) that the Raetiabooks site, its servers, Content, including Digital, or e-mails sent from or on behalf of Raetiabooks are free of viruses, scripts, trojan horses, worms or other harmful components.

Raetiabooks does not guarantee the continuous, uninterrupted or secure access to the Raetiabooks site, or any related services. The operation of the Raetiabooks site may be interfered with by numerous factors outside the control of Raetiabooks.

Under no circumstances shall Raetiabooks or any Raetiabooks Provider be liable for any damages that result from the use of or inability to use the Raetiabooks site, including but not limited to reliance by a User on any information obtained from the Raetiabooks site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Raetiabooks 's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content, and services available through the Raetiabooks site.

Neither Raetiabooks nor any Raetiabooks Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Raetiabooks site, or the purchase or download of any Content, including Digital Content, or product therefrom, even if Raetiabooks or any Raetiabooks Provider have been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.

XI. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Raetiabooks to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

XII. APPLICABLE LAW; JURISDICTION

The Raetiabooks site is created, operated and controlled by Raetia Investments, LLC. in the State of Delaware. The laws of the State of Delaware will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of Raetiabooks and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Delaware and waives any objection to the laying of venue of any litigation in said courts.

XIII. DISPUTE RESOLUTION

Any claim or controversy at law or equity that arises out of the Terms of Use, the Raetiabooks site or any Raetiabooks Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, at Raetiabooks 's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Delaware.

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

XIV. DIGITAL MILLENNIUM COPYRIGHT ACT.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Raetiabooks, including Digital Content and User Created Content, infringe your copyright, you (or your agent) may send Raetiabooks a notice requesting that the material be removed or access to it blocked. The notice must include 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 copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Raetiabooks to locate the material on the Raetiabooks site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Raetiabooks a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to Raetia Investments, LLC., the address can be requested at info@raetiabooks.com. Raetiabooks suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

XV. ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout the Raetiabooks site, the following policies are incorporated into the Terms of Use:

XVI. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Raetiabooks regarding User's relationship with Raetiabooks and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

XVII. MODIFICATION

Raetiabooks reserves the right to make changes to the Raetiabooks site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on November 14th 2012.


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