terms of use
These Terms of Use (“Terms”) govern your access to and use of mouhssine.rifaki.me and its content, forms, features and services (the “Site”), operated by Rifaki Enterprises Inc. (“Rifaki Enterprises,” “we,” “us,” “our”). By accessing or using the Site you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Site. These Terms contain a mandatory binding arbitration provision and a class action waiver in Section 14 that affect your legal rights.
1. eligibility and acceptance
The Site is intended for individuals who are at least 18 years old. By using the Site you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. We may modify, suspend or discontinue the Site, in whole or in part, at any time and without notice.
2. license to use the site
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site and to share its content for lawful, non-commercial, informational purposes, with attribution and without alteration. This license does not include any right to resell or commercially exploit the Site, to frame or mirror it, or to use data mining, scraping, crawling or similar automated extraction tools except as expressly permitted in our robots directives.
3. acceptable use
You agree not to, and not to permit any third party to: (a) breach, probe, circumvent or test the security, authentication or access controls of the Site, or access any system, data or functionality you are not authorized to access; (b) disrupt or impair the Site, including by denial-of-service, injection, malware, excessive automated requests or any means that could damage, disable, overburden or impair any server, network or infrastructure; (c) scrape, harvest, collect or compile data from the Site at scale, or build a dataset, model, index, product or service from it, except as expressly permitted; (d) misrepresent your identity or affiliation, or submit false, misleading, unlawful, infringing, abusive or malicious content through any form or channel on the Site; (e) use the Site or any content obtained from it to violate any applicable law, regulation, order or the rights of any person; (f) attempt to reverse-engineer, decompile, disassemble or derive the source code or underlying algorithms of any software or technology used on the Site; or (g) remove, obscure or alter any proprietary, copyright, trademark or other legal notice on the Site. We may investigate and take appropriate action, including restricting access and reporting to law enforcement, for any violation.
4. intellectual property
The Site, including its text, design, layout, graphics, logos, images, code, research notes, figures and documents published on it, is owned by or licensed to Rifaki Enterprises Inc. and is protected by United States and international copyright, trademark, trade secret and other intellectual property laws. “Rifaki Enterprises” and the Rifaki Enterprises name and mark are trademarks of Rifaki Enterprises Inc. and may not be used without our prior written consent. All rights not expressly granted are reserved.
5. user submissions
The Site’s contact form and newsletter subscription form are for general communications. Do not submit confidential, proprietary, trade-secret or sensitive information through the Site. Except for personal information, which we handle under our Privacy Policy, any information, suggestion or feedback you send us is non-confidential, and you grant Rifaki Enterprises Inc. a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify and exploit it for any purpose without restriction or compensation. You represent that you have the right to provide what you submit.
6. newsletter
If you subscribe to our newsletter, you consent to receive periodic email communications from Rifaki Enterprises Inc. at the address you provide. You may unsubscribe at any time using the link in any newsletter email. We will process your email address in accordance with our Privacy Policy.
7. third-party links
The Site may link to third-party sites and services. We do not control and are not responsible for their content, policies or practices, and a link is not an endorsement. Your use of third-party services is governed by their own terms.
8. no professional advice; professional liability disclaimer
The content on the Site, including research notes, technical writing, publications, code, data, analyses and any other material, is provided for general information and educational purposes only. Nothing on the Site constitutes legal, financial, investment, tax, accounting, regulatory, medical, engineering, professional or any other form of advice, and you should not act or refrain from acting on the basis of anything on the Site without seeking qualified professional counsel appropriate to your specific circumstances. Rifaki Enterprises Inc. is not a licensed professional services firm and makes no representation regarding the suitability, completeness, accuracy or reliability of any content for any particular use. Any reliance you place on material on the Site is strictly at your own risk. In no event shall Rifaki Enterprises Inc. or any of its officers, directors, employees, agents or representatives be liable for any claim, damage or loss arising from your reliance on content on the Site, including claims for professional negligence, malpractice, errors, omissions or breach of fiduciary duty.
9. disclaimer of warranties
The Site is provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, timely, secure, accurate, complete or error-free, or that it is free of harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
10. limitation of liability
To the fullest extent permitted by law, Rifaki Enterprises Inc. and its officers, directors, employees, agents, representatives, successors and assigns will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, profits, revenue, business or goodwill, arising out of or relating to your access to or use of, or inability to use, the Site, whether based in contract, tort (including negligence), strict liability or any other theory, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Site will not exceed one hundred United States dollars (USD 100). Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.
11. indemnification
You agree to indemnify, defend and hold harmless Rifaki Enterprises Inc. and its officers, directors, employees, agents, representatives, successors and assigns from and against any claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to your use of the Site, your violation of these Terms, your violation of any law or the rights of a third party, or any content you submit.
12. copyright complaints
We respect intellectual property rights. If you believe content on the Site infringes your copyright, send a notice to mouhssine@rifaki.me that includes: your physical or electronic signature; identification of the copyrighted work and the allegedly infringing material and its location on the Site; your contact information; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf.
13. governing law, jurisdiction and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration under Section 14, the parties irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware, and each party waives any objection to such jurisdiction and venue, including any objection based on inconvenient forum.
14. mandatory binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
(a) Agreement to arbitrate. Any dispute, claim, controversy or cause of action arising out of or relating to these Terms, the Site or your use of the Site (each a “Dispute”), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Wilmington, Delaware. The language of arbitration shall be English. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
(b) Class action waiver. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE OR MULTI-PARTY ACTION. If this class action waiver is found unenforceable, the entirety of this arbitration provision shall be null and void.
(c) Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.
(d) Exceptions. Either party may seek injunctive or equitable relief in any court of competent jurisdiction. Claims within small claims court jurisdiction may be brought there at either party’s election.
15. statute of limitations
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to the Site or these Terms must be commenced within one (1) year after the claim or cause of action accrues. After such period, any such claim is permanently barred.
16. termination
We may suspend or terminate your access to the Site at any time, with or without cause or notice. The sections that by their nature should survive termination, including intellectual property, submissions, disclaimers, limitation of liability, indemnification, arbitration, governing law and general provisions, will survive.
17. force majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, utility or network failures, cyberattacks, power outages, equipment failures, governmental actions or acts of third parties.
18. no employment, agency or partnership
Nothing in these Terms or your use of the Site creates any employment, agency, partnership, joint venture, franchise or fiduciary relationship between you and Rifaki Enterprises Inc. You have no authority to bind Rifaki Enterprises Inc. in any manner whatsoever. Neither party may represent that it is an employee, agent, partner or representative of the other.
19. export compliance
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and the International Traffic in Arms Regulations (ITAR) maintained by the U.S. Department of State. You represent that you are not located in, and are not a national or resident of, any U.S.-embargoed country, and that you are not on any U.S. government restricted party list.
20. general
These Terms, together with the Privacy Policy, are the entire agreement regarding the Site and supersede prior understandings on that subject. If any provision is held unenforceable, the remaining provisions stay in effect and the unenforceable provision is modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely, including in connection with a merger, acquisition or sale of assets. “Including” means “including without limitation.” Headings are for convenience only. We may update these Terms from time to time. Material changes will be reflected by a new effective date at the top of this page. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
21. contact
Questions about these Terms: mouhssine@rifaki.me