Welcome, and thank you for your interest in rafa.ai, dashboard.rafa.ai (together, the "Website" or "Site") and the RAFA AI Investment Copilot mobile application (the “Application”), owned and operated by Tides.Network, Inc., and hereafter referred to in these Terms of Service as "RAFA", “rafa”, "us", "our" or "we". Unless otherwise specified, all references to our services (the “Service” or "Services") include the Application, the Website and any content, services and products available through the Website, as well as any software that RAFA provides to you that allows you to access or use the Services. The term "user", "you" or "your" refers to the user of the Service, including visitors that do not register for an account. The following Terms of Service, including the AI Risk Disclaimer, (the “Terms”) are a legally binding contract between you and RAFA regarding your use of the Services.
Please read these Terms carefully before you engage with our Services. These Terms of Service will, among other things:
Outline your legal rights regarding our Services,
Explain the rights that we have when you use our Services, and
Establish how disputes or lawsuits regarding our Services will be handled, and includes waivers and limitations regarding your ability to bring claims against us relating to our Services.
By using our Services you agree to be bound and abide by these Terms and consent to having your personal information collected and processed in accordance with our Privacy Policy, which can be found at https://rafa.ai/privacy. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.
Risk Disclaimer
The content in our Services, is intended to be used for educational, research and informational purposes only. We are an educational platform providing analytical tools for evaluating investments. We make no representations or warranties as to the accuracy, completeness, suitability or validity of any analytical tools, information or content provided in our Services.
We are not a broker/dealer or an investment advisor, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. We are not regulated by any financial services regulatory agencies.
No content within the Services constitutes, nor should it be understood as constituting, a recommendation to enter in any investment. We do not provide personalized recommendations or views as to whether an investment approach is suited to the financial needs of a specific individual, including you. It is very important to do your own analysis and due diligence before making any investment based on your own personal circumstances.
Past performance, whether actual or indicated by historical results, is no guarantee of future performance or success. There is a possibility that you may sustain a loss equal to or greater than your entire investment regardless of which asset class you invest in, therefore, you should not invest or risk money that you cannot afford to lose. Accordingly, we will not be liable, whether in contract, tort, including negligence or otherwise, in respect of any damage, expense or other loss you may suffer arising out of information, or any reliance you may place upon information, you receive from our Services.
Binding Arbitration Clause and Class Action Waiver
Please read the binding arbitration clause and class action waiver provisions in the Dispute Resolution section of these Terms. It affects how disputes are resolved. By entering into these Terms, you expressly acknowledge that you understand these Terms, including the dispute resolution, arbitration provisions and class action waiver and accept all of the terms. You may not use or access our Services if you do not agree to be bound by these Terms.
Acceptance of Our Terms
RAFA may change these Terms at any time by posting an updated Terms of Service on this Website. It is your responsibility to check the Website from time to time to identify any changes to these Terms. If any amendment to these Terms is unacceptable to you, you shall cease using our Services. All changes are effective immediately when we post them, and apply to all access to and use of our Services thereafter. If you continue using our Service, you will be deemed to have accepted the changes. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted.
In addition, certain areas of the Service may be subject to additional terms and conditions that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms and conditions applicable to such areas. In the event that any of the additional terms and conditions governing such area conflict with these Terms of Service, the additional terms and conditions will control.
Our Service
RAFA provides our users with content that is educational and informative in nature and intended to contribute to the user's understanding of various types of technical analysis regarding the financial markets. In doing so, we are not recommending the purchase, sale or any other transaction involving any investments including, without limitation, securities, stocks, options, futures, currency and cryptocurrency, or other financial instruments. Please see our Financial Disclaimer section below.
Our Services may require that you register for an account with RAFA before being given access to some features of our Service. Some of our Services are offered for free while others are offered on a limited free trial basis or as part of a paid subscription. RAFA reserves the right to update our pricing and service model. Any modifications and new features added to the Service are also subject to these Terms.
RAFA reserves the right to modify or discontinue the Service, or any feature or functionality thereof, at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to RAFA.
Financial Disclaimer
Financial investing and trading of securities, stocks, options, futures, currency and cryptocurrency markets may not be suitable for everyone and may involve the risk of losing part or all of your money. RAFA is intended to be used for educational and informational purposes only. We are not a broker/dealer or an investment advisor, and this is not a place for the giving or receiving of personalized financial advice, advice concerning investment decisions, or tax or legal advice, and in no way is RAFA holding itself out to be a financial adviser of any kind. We are not regulated by any financial services regulatory agencies. Any content or information provided through RAFA and its Services is not tailored to individual circumstances and should not be considered as personalized advice or a recommendation for any specific asset, strategy, product or service.
Past performance, whether actual or indicated by historical results, is no guarantee of future performance or success. Hypothetical performance results and illustrative analysis have many inherent limitations and no representation is being made that you will, or are likely, to achieve profits or losses similar to those shown in this Service. Before undertaking any trading or investment program or strategy, you should consult a qualified financial professional or registered financial advisor. Please consider carefully whether any investment or strategy is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any investment activity that you, or anyone else, engages in based upon any information or the content you receive through our Services. By using the RAFA Services, you agree to this disclaimer, and acknowledge and accept the risks involved in trading securities, stocks, options, futures, currency and cryptocurrency markets, and are also acknowledging and agreeing that i) you, and not RAFA, are solely responsible for any losses, financial or otherwise, as a result of using this Service, ii) RAFA shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within our Services, and iii) RAFA will not be held liable for data accuracy, unavailability of our Service, or any special or consequential damages that result from the use of, or the inability to use, any or all of the content included on or in our Services.
Eligibility for Our Service
By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including these Terms. Additionally, by using our Services you represent and warrant that your use of our Services is in accordance with the laws and regulations of the jurisdiction in which you access them.
RAFA reserves the right to request documented proof of your compliance with these Terms.
Accounts and Registration
To access some features of the Service, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, phone number, company name or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information")
If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity or age. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
Our collection, use and disclosure of Your Information is governed by these Terms and our Privacy Policy.
Privacy and Your Personal Information
For information about the RAFA data protection practices and privacy policies, please read our Privacy Policy here (https://www.dashboard.rafa.ai/privacy). This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with RAFA Privacy Policy.
Account Management
If you have been issued an account by RAFA in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not RAFA, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify RAFA immediately.
RAFA may send notices to the email address or text messages to your mobile phone registered with your account (additional charges may apply). You agree to receive these messages, including any charges, and must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason and at any time.
Suspension and Termination of Services
Either you or us can terminate these Terms at any time, to the extent permitted by applicable law. However, if you are a current Subscription customer of RAFA, we may terminate these Terms effective following the end of your current Billing Cycle. However, we may terminate these Terms, cancel your Subscription, suspend your account or bar your access to the Services immediately, without prior notice or liability to us: (i) if we suspect a breach of these Terms, (ii) if your use creates risk or possible legal exposure for us, or (iii) if we suspect fraud or an unauthorized or illegal transaction. If you terminate these Terms, or if we terminate these Terms as described in this Section, you shall not be entitled to any refund of pre-paid amounts for Subscriptions, whether used or unused.
The termination of the Terms for any reason shall not affect or impair any rights, obligations or liabilities of either you or us that may accrue prior to such termination or that, under these Terms, continue after termination.
Upon the effective date of the termination of these Terms for any reason: (i) your access to the Services, your Subscriptions (if any), and licenses granted to you hereunder will automatically terminate; (ii) all outstanding payment obligations for the remainder of the then current Subscription will become due and payable immediately; and (iii) you shall destroy and, shall certify upon our request, the destruction of any RAFA confidential information.
RAFA may limit or suspend or terminate the Services to you if you fail to comply with these Terms or otherwise use the Services in a way that causes legal liability to us or disrupts use of the Service by other users, or if we receive a request by law enforcement or other government agencies.
RAFA may also suspend providing the Services to you if we are investigating suspected misconduct by you. RAFA will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
Your Access and Use of our Services
Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of these Terms. Any action by you that, in our sole discretion: (i) violates the terms and conditions of these Terms; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
Except as expressly permitted in these Terms, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
Our Services may now, or in the future, have "publicly accessible areas" that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that RAFA shall not, under any circumstances, be liable in any way for any User Content.
You shall not use any communication systems provided on our Services including, without limitation email and chat, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
Our Services, including the content, data, information and materials contained therein may not be used by You for the development, training, testing, validation, improvement or deployment of any artificial intelligence tool, including any and all training, self-improving, or machine learning software, models, algorithms, hardware or other artificial intelligence tools or aids of any kind . Artificial intelligence tools include, but are not limited to, systems that characterize structured or unstructured data; generate summaries, inferences, or decisions; or generate text or images, including within any generative artificial intelligence solution.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your purchases, if any, or use of the Services.
Subscriptions
Some parts of Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan selected by you when purchasing a Subscription. All Subscriptions are subject to these Terms unless otherwise described. You are responsible for all taxes (excluding taxes on RAFA’s net income), and we will charge tax if required to do so by law.
If you sign-up for a free trial for our Services, your Billing Cycle will begin at the end of the stated free-trial period and you will be automatically charged the agreed-upon Subscription fee. At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless cancelled by you or us, or modified by us as described in these Terms. You can cancel your Subscription at any time before it renews for another Billing Cycle. However, we may revise fees for our Subscriptions from time to time and will provide you with notice of any changes prior to the end of your then-current Billing Cycle. Your continued use of the Services after an alteration to the Subscription fee comes into effect in following Billing Cycle constitutes your agreement to pay the modified Subscription fee amount. You may cancel your Subscription renewal either through your online account management page or by contacting RAFA’s customer support team through the Website.
A valid payment method, such as credit card, is required to process the payment for your Subscription. You shall provide RAFA with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you authorize RAFA to charge all Subscription fees incurred through your account.
By setting up a Subscription, you represents and warrants that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Subscription; and (ii) that the information you supply to RAFA is true, correct and complete.
RAFA may employ the use of third-party services for the purpose of facilitating payment and the completion of Subscription. By submitting information, you grant RAFA the right to provide the information to these third parties for the purposes of effectuating the request to subscribe (including any renewals).
All Subscription fees are final and non-refundable except as required by law. If you terminate these Terms or cease use of our Services, you are not entitled to a refund for any unused portion of the respective Subscription period. We reserve the right to refuse, suspend, and/or cancel your Subscription at any time (without refund) if fraud or an unauthorized or illegal transaction is suspected, in the event of any suspected violation of these Terms, or if your use causes risk or possible legal exposure for RAFA.
Intellectual Property Rights
Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the "Proprietary Marks"), and are owned by RAFA. You may not use the Proprietary Marks without our prior written permission.
We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all information, research, analysis, investment summaries, reports, financial tools, newsletters, graphics, charts, pictures, photographs, images, videos, audio files, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.
We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work").
All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, listening to, or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding our Proprietary Marks, Our Content, the Collective Work, the Application, the Website or Services and/or any other harm incurred by us, or our affiliates, as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.
Proprietary Rights
As between RAFA and you, RAFA or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by RAFA or the software licensors. RAFA expressly disclaims any warranty regarding our licensors software. Please note that your use of the licensors software will be governed by the terms and conditions of use and privacy policies of the licensor providers and not by our Terms of Service or our Privacy Policy. Furthermore, our Services may include access to financial data feeds and other related tools and applications provided by third parties (“Third Party Tools”). These third parties may require you to enter into an agreement directly with them for such Third Party Tools, and you acknowledge and agree that we are not a party to such third party terms of service. Third Party Tools may collect personal information from you that is not subject to our control. To ensure protection of your privacy, always review the privacy policy of the Third Party Tools with which you engage.
Use of Our Content and Services
We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any RAFA Proprietary Marks or other proprietary notices or materials with regard to the foregoing.
RAFA Services are only intended for your own individual, personal, and non-commercial use, and not on behalf of, or for the benefit of, any third party, and as such, you herby represent and warrant that you are not acting as a professional securities trader or investment advisor to the public or any other party.
You may not sell, modify or exploit our Services, Our Content, or the Collective Work, or utilize them for any commercial purpose or any other public display, performance, sale or rental without our explicit consent; nor may you decompile, reverse engineer, or disassemble our Services, Our Content and the Collective Work, or transfer our Services, Our Content or the Collective Work to another person or entity.
Information Accuracy
We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date. RAFA cannot, and does not, represent or guarantee that any of the information available through our Services is accurate, reliable, current, complete or appropriate for your needs.
Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information without notice to you.
User Content Rights and Related Responsibilities; Your License to RAFA
"User Content" means, without limitation, any charts, reports, reviews, opinions, comments, feedback, suggestions, hyperlinks, documents, audio, video, digital files, images, photos, artwork, text, messages or any other content you upload, transmit or otherwise make available to RAFA and/or its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times.
By submitting User Content on or through the Service, you grant to RAFA, and to each of the RAFA users with whom you share your User Content, a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, broadcast, stream, download, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, edit, alter, modify, adapt, translate, create derivative works based upon and to publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to, you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised. You retain all rights in your User Content, subject to the rights you granted to us, and to our users, in these Terms.
In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content. Your acceptance of these Terms gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
You agree that any User Content you submit to our Service may be viewed or heard by other users, any person visiting or participating in the Service, and by the public in general.
RAFA expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent it's loss.
You are solely responsible for your User Content, including, without limitation, opinions, reviews, comments and feedback, and any damages suffered by RAFA resulting therefrom.
RAFA may block, remove or return any User Content at any time in our sole discretion for any reason whatsoever, or for no reason at all. You, not RAFA, is responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy or confidentiality.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that we are free to use, and disclose, the Idea on a non-confidential basis or otherwise to anyone without any additional compensation to you. You hereby assign all rights, title and interest in any inventions, concepts or proprietary information contained in your Ideas to RAFA.
You agree not to upload or post as part of the Service any content that is false, illegal, fraudulent, offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, defamatory, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, violates the rights of any party, gives rise to liability, is politically oriented, contains corrupted data or any other harmful, disruptive, or destructive files or would constitute or encourage a criminal offense.
Third Party Links, Services and Content
The Service may contain features, services and functionalities linking you to, or providing you with access to third party services, products, advertisers, affiliates, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs and the Internet as a whole. Because we have no control over such websites and resources, we are not responsible for the availability of such external sites or resources. Furthermore we do not endorse, and are not responsible or liable for any content, products, advertising or other materials on, or available from, such websites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s terms of service and privacy policy, and you release us from any liability relating to your use of that third party’s website.
Third Party Social Networking
If you access our Services through a third party social networking website or application including, but not limited to, LinkedIn, Facebook or Twitter, you authorize RAFA to access certain information about you that is made available through that third party social networking site and further authorize us to collect, store, retain and use, your information in accordance with our Privacy Policy.
Electronic Communications
Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Additional charges from your telecommunication carrier may apply.
Security
Violating the security of our Services is prohibited and may result in criminal and civil liability. RAFA may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
A valid complaint under the DMCA must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work that you claim has been infringed.
Identification of the material that is claimed to be infringing and where it is located on the Service.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.
The above information must be submitted to RAFA’s Copyright Agent at: [email protected]
Disclaimers; No Warranties
ALL SERVICES AND PRODUCTS AVAILABLE FROM RAFA, INCLUDING THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RAFA AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “RAFA PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS AVAILABLE THROUGH THE USE OF OUR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES AND INFORMATION ON THIS SITE AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
THE RAFA PARTIES DO NOT WARRANT THAT THE SERVICES, THE CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES, OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
PRICES AND AVAILABILITY OF SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE UNLESS OTHERWISE DESCRIBED IN THESE TERMS. WE RESERVE THE RIGHT TO REVOKE ANY STATED OFFER AND TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS INCLUDING AFTER AN ORDER FOR A SUBSCRIPTION HAS BEEN SUBMITTED AND WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND YOUR PAYMENT METHOD CHARGED.
Limitation Of Liability
IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES; (II) YOUR ACCESS AND USE OF USER CONTENT PROVIDED TO YOU, OR TO OUR SERVICES, BY OTHER USERS; (III) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS; (IV) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (V) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (VI) YOUR RELIANCE UPON, OR USE OF, OUR SERVICES, OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF RAFA, AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS, IN CONNECTION WITH OR UNDER THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATED SUM OF USD $100.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree that you will be personally responsible for your use of the Service; and you further agree to defend, indemnify and hold harmless RAFA and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of, the Service or the products you purchase through the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any serious physical or emotional harm, to you or any third party resulting from your use of the Services or products purchased though the Service; or (vi) your User Content, or any damages arising from our use of your User Content.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Release
By using the Services, you release, to the maximum extent allowed by law, RAFA, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services or products purchased though the Service, including without limitation, any serious emotional or physical harm.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Interruption of Service
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
Governing Law
These Terms, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Delaware.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of Delaware. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
Our Remedies
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.
Dispute Resolution
Please read this section carefully. This section contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. This section also contains an agreement that you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
You and RAFA agree that any claim or dispute at law or equity that has arisen, or may arise, between you and RAFA (including any claim or dispute between you and a third-party agent of RAFA) that relates in any way to or arises out of this or previous versions of these Terms, your use of or access to the Services, the actions of RAFA or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and RAFA, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and RAFA are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and RAFA agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and RAFA agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s).
Pre-Arbitration Dispute Resolution
We at RAFA believe that most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to RAFA should be sent to the address provided in the Contact Us section at the end of these Terms of Service ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If RAFA and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or RAFA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by RAFA or you shall not be disclosed to the arbitrator during the arbitration proceeding.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless RAFA and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, RAFA agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Delaware. You and we agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Delaware; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Delaware.
Law Enforcement
RAFA is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If RAFA receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), RAFA may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. RAFA will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Website, or to receive further information regarding use of our Website.
Severability
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from there Terms.
No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Entire Understanding
These Terms represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
Contact Us
If you have any questions or if you would like to contact us about our processing of your personal information, including exercising your rights as outlined above, please contact us by any of the methods below. When you contact us, we will ask you to verify your identity.
Tides.Network, Inc.
Contact name: Data Protection Officer
Email: [email protected]
Our office address: 2443 Fillmore St #380-8884 San Francisco CA 94115
