These Terms of Use (“Terms”) govern the access or use by you, an individual or entity, of the applications (including mobile applications), websites, content, products, and services (collectively, the “Services”) made available worldwide by Rafu Shelf and its subsidiaries and affiliates (collectively, “Rafu Shelf Business, ”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to.” Your access and use of the Services constitute your agreement to be bound by these Terms, establishing a contractual relationship between you and Rafu Shelf. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede and replace any prior agreements or arrangements between you or any shelf vendor and Rafu Shelf, which shall not be superseded or replaced by these Terms. Rafu Shelf may, at any time for any reason, without notice to you, cease offering you access to the Services or any portion thereof or deny you access to the Services or any portion thereof. Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity, or promotion, and such supplemental terms will be disclosed to you in separate disclosures (e.g., a particular promotional webpage) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Rafu Shelf may amend these Terms from time to time. Amendments will be effective upon Rafu Shelf’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services are as provided in Rafu Shelf Notice located under the legal section.
Subject to your compliance with these Terms, Rafu Shelf grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to access and use the Services. Any rights not expressly granted herein are reserved by Rafu Shelf (and its affiliates, as applicable) and Rafu Shelf licensors.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Rafu Shelf; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or their related systems or networks.
The Services and all rights therein are and shall remain Rafu's property or the property of Rafu Shelf’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted above; or (ii) to use or reference in any manner Rafu Shelf’s company names, logos, product and service names, trademarks or services marks or those of Rafu Shelf’s licensors.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RAFU SHELF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RAFU SHELF MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
RAFU SHELF SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF RAFU SHELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAFU SHELF SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF RAFU SHELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAFU SHELF SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RAFU SHELF’S REASONABLE CONTROL. IN NO EVENT SHALL RAFU SHELF’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RAFU SHELF DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES (INCLUDING INFORMATION ON THE SERVICES PROVIDED BY). RAFU SHELF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to indemnify and hold Rafu Shelf and its affiliates and its and their respective officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; and/or (ii) your breach or violation of any of these Terms.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled