Terms of Service


Disclaimer of Warranty

This site is provided on an "AS IS" basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the information is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the information is with the User.

Limitation of Liability

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall RackFoundry or any other contributor or supplier, be liable to any person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages.

Mutual Confidentiality

Both parties (RackFoundry and Customer) agree not to disclose to any third party, confidential information of RackFoundry, Customer, or anyone with a business or employment relationship with RackFoundry or Customer. Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the services.

Mutual Indemnification

Both parties (RackFoundry and Customer) shall indemnify and hold harmless the other side (RackFoundry and the Customer) and its Client, their owners, officers, directors, agents, and employees, from and against all claims, liabilities or costs (including attorney's fees and court costs), brought by any other party, including private parties or governmental entities.

Applicable Law

This Consent shall be governed by the laws of the State of California, USA, without regard to choice of law principles, regardless of where RackFoundry is performing work or providing services directly or indirectly.

These terms and condition represent the complete agreement concerning subject matter hereof. If any provision of this contract is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this terms and conditions.

Mandatory Mediation and Binding Arbitration

If differences cannot be resolved, RackFoundry and Customer agree to mandatory mediation and binding arbitration using the meditation and arbitration services of the Better Business Bureau (BBB) for all business dealings. Detailed rules and procedures for mediation and arbitration can be found on the web site of the BBB.

Approved Contact

RackFoundry is constantly striving to better its product offering and will contact Customer using the email provided after signup for these and other purposes: sending welcome emails, sending password reset information, notification of billing, follow-up on signup, and for other messaging needs.

Method of Notice

Customer irrevocably agrees to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery system at the discretion of RackFoundry for any matter or any proceeding for which notice is required. This includes updates to the terms of this agreement.

Mailing Fees

Fees charged by RackFoundry include the costs of mailing. All actual "mailing costs" charged by carriers such as the US Postal Service to deliver mail to recipients are "passed through" to Customer at the cost imposed by such delivery providers without markup. Any charges above "mailing costs" are merely RackFoundry service fees and should not be considered a resale of said delivery provider services.

RackFoundry

RackFoundry is a provider of cloud infrastructure services and security devices.

Corporate

RackFoundry, Inc. is a Delaware corporation. For any questions please contact RackFoundry by email at info@rackfoundry.com, by phone at +1 (888) 801-4478 or via postal mail below.

RackFoundry, Inc.
1900 South Norfolk Street
Suite 350
San Mateo, CA 94403
USA