Terms and Conditions

Please read these Terms and Conditions of Use carefully before using the Rachacha.com Web Site (hereinafter referred to as the "Web Site"). By using the Web Site you indicate your agreement to these Terms and Conditions of Use (which include by reference the Rachacha Privacy Policy and Community Standards Policy). If you do not agree to these terms and conditions, please do not use the Web Site.

Copyright and Proprietary Rights

This Web Site is the property of Rachacha and its licensors and is protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Web Site and in the information, documents, products, services, logos, graphics, software, design elements, sounds, images and all other materials originated or used by Rachacha at its site (the "Site Information") are reserved to Rachacha and its licensors.

You may not copy, reproduce, distribute, upload, download, display, transmit, or exploit in any way any part of Rachacha's Information or information accessed at other sites through links made at the Web Site ("Other Sites"), or use such content to construct any kind of database, other than printing out or downloading portions of the text and images for your own personal, non-commercial use.

You may not modify the Web Site, Other Sites, or any material residing on such sites and

you shall observe copyright and other restrictions imposed by Other Sites. You may not use the Web Site or Other Sites in any manner that infringes upon the rights of any person or entity.

Legal Notice and Disclaimer

Rachacha makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using Site Information or information from Other Sites. Neither Rachacha nor its licensors and affiliates shall be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in Rachacha's Information or any damages resulting therefrom. In addition Rachacha does not warrant that the Web Site will meet your requirements, be uninterrupted, or error free. We expressly exclude and disclaim all express and implied warranties of merchantability and fitness for a particular purpose. We shall not be responsible for any damage or loss of any kind arising out of or related to your use of the Web Site, including without limitation data loss or corruption, regardless of whether such liability is based in tort, contract, or otherwise.

Links to Other Sites

This Web Site may contain links to web sites controlled by third-parties other than Rachacha. Rachacha is not responsible for and does not endorse or accept any responsibility for the contents or use of these Other Sites or any transactions completed through such sites. Rachacha is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rachacha of the linked site. If you decide to access linked third-party web sites, you do so at your own risk and your use of these Other Sites is subject to the terms and conditions of use for those sites.

Endorsement

Unless specifically stated otherwise, Rachacha does not endorse any third-parties that may appear, advertise on, or otherwise link to the Web Site, and makes no representation or warranties as to the content and accuracy of information, products, or services they may provide therein.

Payment Obligations

You agree to pay all fees incurred from your purchase of products and use of services offered through the Web Site including any sales, property, value-added, and other taxes that may be assessed in conjunction with those fees. You also agree to provide Rachacha with complete and accurate billing information when required by Rachacha including your name, address, telephone number, facsimile number, e-mail address, and credit card information if appropriate. By providing your credit card number you authorize Rachacha to bill charges to your credit card. Monthly subscriber fees and all setup charges including taxes will be automatically billed to your credit card each month while you are a subscriber of any of our services. Monthly account statements will be sent by U.S. mail or e-mail describing fees and charges billed to your credit card. Any discrepancies or billing errors must be reported in writing to Rachacha within 60 days of the account statement date.

Licenses

In the event you download software from the Web Site, the software, including any materials and documentation, and data accompanying the software (collectively, the "Software") are licensed to you by Rachacha. Rachacha does not transfer title to the software to you and you have no rights other than as a non-exclusive licensee under the terms of any associated service agreement. Rachacha retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise modify the Software.

Submissions

All concepts, ideas, comments, documents, illustrations, educational course content and other materials disclosed or offered to Rachacha on or in connection with this Web Site are submitted without any restrictions or expectation of confidentiality. Unless otherwise agreed to in writing by both parties (see Submission Release Agreement), Rachacha shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. In addition, Rachacha shall have the right to use, modify, publish, reproduce, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without further notice or compensation to you.

Termination

Unless subject to the binding terms and provisions of other Rachacha service agreements, these general terms are effective until terminated by either party at which time you will destroy all materials obtained from this Web Site and all related documentation and copies and installations thereof, whether made under the term of these terms or otherwise. As such, you may terminate these terms at any time. These terms will terminate immediately without notice from Rachacha if in Rachacha's sole discretion you fail to comply with any term or provision of these terms.

Export Controls

Your use of the Web Site should comply with all applicable laws, rules and regulations that govern the export of technical data. By downloading any Site Information including software you agree that you are not in a country where such export is prohibited, that you are not a person or entity to which such export is prohibited, and that you accept full responsibility for compliance with the laws of your local jurisdiction.

Indemnity

You agree to indemnify, defend and hold harmless Rachacha, its employees, officers, directors, successors and assigns, individually and collectively, from and against all claims, demands, losses, damages, costs, judgments, liabilities and expenses (including reasonable attorney’s fees) arising out of or in connection with any and all claims of third parties, whether or not groundless, associated with use of Site Information, software, services, products or Community Forums in violation of these Terms and Conditions of Use.

Limitation of Liability

In no event shall Rachacha or its employees, agents, licensors or contractors be liable for any incidental, consequential, punitive or multiple damages of any kind that result from the use of, or the inability to use, the materials in this Web Site, even if an authorized representative of Rachacha has been advised of the possibility of such damages. In no event shall Rachacha's total liability to you for damages, losses, and causes of action whether in contract or tort (including, but not limited to, negligence) exceed the amount paid by you, if any, for accessing this Web Site.

Jurisdiction

You understand and agree that the laws of the State of New York govern these Terms and Conditions of Use and that exclusive jurisdiction for any claim or dispute with Rachacha, or relating in any way to your account or use of the Web Site, resides in the State of New York. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute, including any claim involving Rachacha or its affiliates, subsidiaries, employees, contractors, officers and directors.

Entire Agreement.

This agreement represents the complete agreement between Rachacha and yourself with regard to the subject matter of this agreement, and supercedes any other written or oral agreement. Rachacha reserves the right, at its discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check these terms and conditions periodically for changes. Your continued use of the Web Site following the posting of changes to these Terms and Conditions of Use will indicate your acceptance of those changes.