TERMS OF USE
Date of Last Revision: 1/03/2024
Please read these Terms of Use carefully. These Terms of Use govern your connection and access to, and use of the site located at https://app.rakiline.com/ (“Service”) as well as the fulfillment of your clients’ orders for on demand print, embroider and sublimate products (“Products”) on the Service by Rakiline, LLC, a Florida Limited Liability Company with an address of 6180 Fort Caroline Road, Unit 6-8, Jacksonville, FL 32277 (“Rakiline”, “we”, “us” or “our”).
1. BINDING EFFECT. THIS IS A BINDING AGREEMENT BETWEEN CUSTOMER (AS DEFINED BELOW) AND RAKILINE. BY CLICKING ON THE “ACCEPT” BUTTON, AND SETTING UP AND CONNECTING YOUR ACCOUNT ON THE SERVICE TO BE ABLE TO PLACE ORDERS FOR PRODUCTS TO BE SHIPPED TO BUYERS (AS DEFINED BELOW), YOU AGREE, ON YOUR BEHALF OR ON BEHALF OF YOUR COMPANY OR ORGANIZATION, AS THE CASE MAY BE (“CUSTOMER”, “YOU”, “YOUR”), TO BECOME A PARTY TO AND TO ABIDE BY THESE TERMS OF USE (“AGREEMENT”) AND THAT THIS AGREEMENT IS THE SOLE AGREEMENT BETWEEN CUSTOMER AND RAKILINE GOVERNING YOUR PURCHASE AND RAKILINE’S FULFILMENT OF PRODUCTS THROUGH THE SERVICE. You must agree, on your behalf or on behalf of your company or organization, as applicable, to this Agreement in order to be able to connect to, access and use the Service and place orders for Products for shipment to purchasers placing orders for such Products with Customer (“Buyers”). If you are entering into this Agreement on behalf of a company or organization, you hereby represent to Rakiline that you have the authority to bind such company or organization to this Agreement, in which case the terms “Customer” or related capitalized terms herein shall refer to such company or organization. If you do not have such authority, or if you do not agree to this Agreement, please do not click on the “Accept” button and discontinue the setting up of your Account. Selecting “Accept” will be the legal equivalent of your or your company’s or organization’s, as the case may be, signature on a written contract, and equally binding. This Agreement is entered into as of the date that you accept the terms hereof and register your account to use the Service (“Effective Date”). The applicability of any terms and conditions of Customer or any third party on behalf of the Customer is expressly dismissed and shall not apply, even if Rakiline has not specifically rejected them. You must be at least 18 years old or otherwise have parent or guardian permission to use the Service. By using the Service, you represent and warrant that you are at least 18 years old or have that permission.
2. ACCOUNT. To be able to connect to and use the Service to place orders for Products for shipment to your Buyers, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form, and keep your account and other information accurate. You represent and warrant that all required information you submit is truthful and accurate and that you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. Rakiline may suspend or terminate your Account in its sole discretion and may suspend access to the Service if Rakiline suspects that you have failed to comply with this Agreement, including, but not limited to, not complying with your payment obligations hereudner. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Rakiline of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security with respect to your Account. Rakiline may, in its sole discretion, refuse to open an Account for you or limit the number of Accounts that you hold or temporarily or permanently suspend and/or terminate its service to you and/or your Account(s) at any time and for any reason, including, without limitation, your violation of this Agreement, your use of the Service for inappropriate purposes or you having engaged in undesirable activities, in each case as determined by Rakiline in its sole discretion. You agree that Rakiline shall have no liability of any kind to you or to any third party arising from such refusal, suspension or termination.
3. INTEGRATION. You will be required to connect the Service to your seller platform (i.e., Shopify, ETSY, WooCommerce, Amazon, BigCartel Wix, SquareSpace) in order to be able to place orders for Products through the Service for fulfillment to your Buyers. We will provide an API to assist you in connecting with the Service (“API”). THE API IS PROVIDED ON AN AS-IS BASIS AND RAKILINE HEREBBY DISCLAIMS ALL WARRANTIES REGARDING THE API, INCLUDING, BUT NOT LIMITED TO ANY WARRANTES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. You are solely responsible for connecting your seller platform to the Service and for any consequences of any interface or connection issues.
4. ORDERS. All our offers and promotions are without any obligation and subject to availability and confirmation of the order. No order for the Products shall be binding upon Rakiline unless, and until, accepted by Rakiline. An agreement between Customer and Rakiline is subject to our acceptance of the order and will only be formed when Customer receives the order confirmation by email or in Customer’s Account. No order accepted by Rakiline may be cancelled or modified without Rakiline’s written consent. Rakiline reserves the right, in its sole discretion, to refuse to accept any image or other content provided by you to Rakiline or to refuse to process or fulfill any order at any time and for any reason.
5. AUTHORITY. By creating your Account and connecting your seller platform to the Service, you warrant that you have all the necessary permissions, rights and authority to place orders for fulfillment through the Service and Customer authorizes Rakiline to produce the Products on Customer’s behalf for fulfilment to Customer’s Buyer’s. Customer hereby grants Rakiline the right to copy, modify, distribute, use, create derivative works of any content uploaded by Buyers through Customer’s seller platform for the purpose of fulfilling the Product order. Moreover, Customer warrants that it has obtained all rights from its Buyers for, and has sufficient rights to permit, Rakiline to copy, distribute, use, modify, create derivative works of any uploaded content for the purpose of fulfilling such Buyers’ Product orders.
6. FULFILMENT. Prior to connection of Customer’s seller platform with the Service, Rakiline may use ShipStation or another similar service temporarily to retrieve Customer’s orders and fulfill such orders pending account migration process. Following connection of Customer’s seller platform with the Service connection of Customer’s seller platform with the Service, orders for Products that are part of Rakiline’s SKU catalog, PC54, NL3600, G2000, G5000 and T202, will generally be fulfilled within 24-72 hours of receipt of order on the Service. Orders for custom Products will generally be on an as-available basis and will take longer. Any estimated shipping dates by Rakiline are based upon conditions existing at the time the order is received. Fulfilment may be delayed due to limitations in artwork, availability, product availability, artwork placement, special handling items, color blanks where an additional “pretreat” chemical application treatment may be required, seasonal changes and any extension required for Customer to migrate accounts and complete synced produced listings and product mapping on their seller portal. Rakiline may adjust the fulfilment time as required and will provide notice to Customer of any delays.
7. SHIPMENT; RISK OF LOSS. All orders shall be shipped directly to the Buyer EXW, Rakiline’s facility. Rakiline reserves the right to require Customer to provide its own shipping postal account in the event that Customer’s seller portal does not completely map and sync with the Service or ShipStation, and/or EasyPost. Risk of damage to or loss of the Products passes from Rakiline to Customer, upon delivery by Rakiline, to the designated carrier, at Rakiline’s shipping address. . Users must allow Rakiline full user access without interruption for our team to use their accounts to ship products to their buyers/ clients
8. DELIVERY. Rakiline will deliver the Products using USPS, UPS, DHL, GLS or other similar carrier, at the address specified in the order confirmation, provided that all applicable payments have been received in full by their appropriate due date, using Rakiline´s standard methods for packaging. Any lead time given is estimated. Rakiline may, at its discretion, deliver the Products in whole or by instalments in any sequence or deliver the Products prior to the date of delivery, and in such event, the Customer must not refuse to take delivery of the Products. Where the Products are delivered in instalments or part deliveries, each instalment or part delivery shall be invoiced separately if such an invoicing process is put in place and be deemed to be a separate sale agreement between Rakiline and the Customer. Any delay in delivery or defect in an instalment or part delivery shall not entitle the Customer to cancel any other instalment or terminate the entire sale agreement. Customer shall pay for storage charges (warehouse cost per bin of Product, as more fully set forth in the Price Schedule) if Products are held by Rakiline at Customer’s request pending instruction or rescheduled delivery.
9. PRICING. Our current pricing shall be set forth in the price schedule on the Service (“Price Schedule”). Prices do not include sales, use, excise or any similar tax all of which shall be stated separately on Rakiline’s invoice to Customer, unless otherwise specified. Any tax or other government charge upon the production, sales, shipment or use of the Products which Rakiline is required to pay or collect from Customer shall be paid by Customer to Rakiline unless Customer furnishes Rakiline with a tax exemption certificate or any other document acceptable to the applicable taxing authority. Unless otherwise set forth in the Price Schedule for a specific Product, Rakiline uses tiered pricing for Product based on the number of impressions per month. Should Customer require Rakiline to inventory Product ordered by Customer, Rakiline will charge a warehouse cost per bin of Product, as more fully set forth in the Price Schedule. Prices are subject to change in each case effective upon posting changes to the Price Schedule on the Service. The Price Schedule in effect at the time you place your order for Product shall apply to your order.
10. PAYMENT TERMS. Unless otherwise agreed by Rakiline payment must be made by Customer prior to shipment, provided however, if Customer is able to demonstrate sufficient financial responsibility and Rakiline agrees to ship products prior to payment, Customer shall be permitted to make such payment no later than 15 days from invoice date. Payments may be made by wire transfer to the account provided by Rakiline, by company check mailed to Rakiline’s then current business mailing address, or by credit card. Any amount not paid when due shall be considered a late payment and shall be subject to a service charge equal to 10% of the amount due (calculated on a monthly basis) or the maximum amount allowed by law, whichever is less. Customer shall reimburse Rakiline for any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Rakiline to collect any amount that is not paid when due. All amounts paid are non-refundable. All Products purchased through the Service are non-returnable. Acceptance of any partial payment shall not constitute a waiver of Rakiline’s right to payment in full of all amounts owing from Customer to Rakiline.
11. LICENSE. Subject to all of the terms and conditions herein, Rakiline hereby grants Customer a limited, non-transferable, revocable, terminable, non-exclusive license, without the right to sublicense, to access and use the Service and the accompanying written materials we provide (“Documentation”) for Customer’s internal use to place orders for Products from Rakiline.
12. RESTRICTIONS. The Service and Documentation are copyrighted by Rakiline. Customer acknowledges that the Service (and its structure, organization, and software code) constitute valuable trade secrets of Rakiline. Accordingly, Customer shall not: (i) copy, modify, adapt, alter, translate, port or create derivative works of the Service, any contents of materials on the Service or other Rakiline materials, including Documentation; (ii) permit third parties to use the Service; (iii) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer the Service or any information therein; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for or any other proprietary information or trade secrets from the Service; (v) use the Service for any unlawful or discriminatory purpose or use the Service for any use that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable; (vi) use the Service to create, order, publish and/or distribute any Product that we determine, in our sole discretion, to contain any content that violates clause (v) above or otherwise, in our sole discretion, is materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics or circumstances; (vii) use the Service to violate any person’s right of privacy or publicity or to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity; (viii) use the Service to in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment; or in any way, that intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations; or (ix) encourage or permit any end user or other third party to engage in any of the foregoing. Customer shall be responsible for ensuring that all its end users comply with the terms of this Agreement, and Customer shall be liable for any breach by any of its end users of the restrictions or other terms of this Agreement.
13. AVAILABILITY. Rakiline shall use commercially reasonable efforts to make the Service available to Customer during Customer’s normal business hours without material interruption, except for (a) maintenance and repairs to hardware or software related to the Service; and (b) any loss or interruption due to causes beyond the control of Rakiline, including, but not limited to, third-party infrastructure failure, delay, interruption or failure of telecommunication or Internet transmission.
14. OWNERSHIP; RESERVATION OF RIGHTS. Rakiline shall own and retain all right, title, and interest to the Service and all contents therein, to all Documents, to all enhancements, improvements, and derivatives of the foregoing, and to all intellectual property rights related thereto. Rakiline on its behalf and on behalf of its licensors reserves all right, title and interest in the Service and Documentation and all associated intellectual property rights therein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Rakiline.
15. PRIVACY POLICY. Rakiline respects your privacy and permits you to control the treatment of your personal information. A complete statement of Rakiline’s current privacy policy is found by clicking the link at the bottom of the page (“Privacy Policy”). Our Privacy Policy is expressly fully incorporated into this Agreement by this reference and your acceptance of this Agreement includes acceptance of all terms of the Privacy Policy.
16. COPYRIGHTS. All title and copyrights in and to the Service and the accompanying Documentation are owned by Rakiline or its licensors. The Service is protected by copyright laws and international treaty provisions. Therefore, when using the Service, Customer agrees to obey the law and to respect the intellectual property rights of others. Customer’s use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. Customer agrees to abide by laws regarding copyright ownership and use of intellectual property, and Customer shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights arising from any artwork images or other content for use in any Buyer Specifications.
17. USER COMMUNICATION. Rakiline reserves the right to send service e-mails notifying you of operational or other changes that may affect or change the Service or our Products. Please note that you cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of the Service. YOU HEREBY GRANT US PERMISSION TO SEND YOU ALL SERVICE EMAILS AS DESCRIBED ABOVE.
18. SUPPORT AND MAINTENANCE. Rakiline shall provide a help desk that will be “one point contact” for Customer end users to lodge incident report and to attend to and solve all minor Service problems/faults which impair Customer’s ability to use the Service or the operations and functionality of the Service. Rakiline will periodically perform maintenance on the Service to improve performance. In addition, Rakiline will acknowledge and use commercially reasonable efforts to repair or provide work-arounds for any reproducible error, failure or other problem that causes the Service to no longer perform substantially in accordance with the functions specified in the Documentation.
19. WARRANTIES; REMEDIES. Rakiline warrants that the Products sold to Customer, at the time delivered, (i) will substantially meet the Buyer Specifications therefor; and (ii) will not be made using defective blank items. “Buyer Specifications” means the specific artwork imaging requested by Buyer, the model, size and color of the blank item selected by Buyer for the impression and the desired placement and size for the impression. Customer’s sole and exclusive remedy with respect to a breach of the limited warranty hereunder above and Rakiline’s sole liability for the foregoing will be limited to either, at Rakiline’s option and expense, replacing or extending credit for the Products which do not meet the above warranty which are returned to Rakiline by Customer, F.O.B. Rakiline’s offices. In order to be afforded the remedies provided under this limited warranty, Customer must notify Rakiline of a breach of this warranty within ten (10) days of Rakiline’s delivery of the non-conforming Product. Customer shall first obtain a Return Material Authorization (RMA) and return instructions before returning any Products to Rakiline. For the avoidance of doubt, Rakiline is not responsible and the above limited warranty shall not apply to alleged defects in Products which are due to (i) poor artwork imaging, including, but not limited to, any artwork that does not meet print-ready requirements of 300dpi, transparent background, without empty pixel spaces; (ii) misspelled artwork or incorrect artwork provided by the Buyer; (iii) incorrect placement or sizing provided by the Buyer or other error in the Buyer Specifications; or (iv) any misuse, mishandling, damage or abuse of the Product, neglect or accident, alteration, modification, storage or transportation. EXCEPT WITH RESPECT TO THE LIMITED WARRANTY PROVIDED HEREIN, THE PRODUCTS ARE PROVIDED “AS-IS”, “WITH ALL FAULTS”, AND “AS-AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND REPAIR OF THE PRODUCTS RESTS WITH CUSTOMER AND NOT RAKILINE. RAKILINE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. RAKILINE HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. RAKILINE DOES NOT WARRANT THAT THE SERVICE WILL BE ADEQUATE FOR CUSTOMER’S PURPOSES OR THAT USE OF THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, OR SECURE. CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS RELIED ON NO WARRANTIES EXCEPT AS EXPRESSLY STATED IN THIS SECTION, FROM RAKILINE OR ANY THIRD PARTY.
20. CUSTOMER DEFENSE AND INDEMNIFICATION OBLIGATIONS. Customer shall, at its expense, defend Rakiline from or settle any actual or threatened claim, proceeding, or suit brought by a third party, including, but not limited to, any Buyer, against Rakiline (“Claim”) arising out of or based upon (i) Customer’s breach of any term of this Agreement; or (ii) artwork images or other material or Buyer Specifications; or (iii) Customer’s transactions with Buyer. Rakiline shall have the right to participate in the defense of the Claim at its own expense and with counsel of its own choosing, but Customer shall have sole control over the defense and settlement of the Claim. Customer shall indemnify and hold Rakiline harmless from and pay (i) all damages, costs, and attorneys’ fees finally awarded against Rakiline in any claim under this Section; (ii) all out-of-pocket costs (including reasonable attorneys’ fees) reasonably incurred by Rakiline in connection with the defense of a claim under this Section (other than attorneys’ fees and costs incurred without Customer’s consent after Customer has accepted defense of the claim); and, (iii) all amounts that Customer agrees to pay to any third party to settle any Claim under this Section.
21. LIMITATIONS ON LIABILITY. IN NO EVENT SHALL RAKILINE OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH THEREOF, THE USE OR INABILITY TO USE THE SERVICE, LOSS OF DATA, THE RESULTS GENERATED FROM THE USE OF THE SERVICE, FAILURE TO PROVIDE PRODUCTS THAT YOU ORDER, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IN NO EVENT SHALL RAKILINE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SERVICE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS. RAKILINE’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT GIVING RISE TO THE CLAIM IN QUESTION OR U.S. $500.00. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
22. TERMINATION. Either party may terminate this Agreement by providing the other party with a written notice of termination. In addition, this Agreement and the license granted herein shall automatically terminate without notice upon the occurrence of any of the following: (i) Customer’s breach of any of the terms contained herein, which is not cured within ten (10) days after Rakiline’s notice to Customer; (ii) Customer attempts to use, copy, license, or convey the Service in any manner contrary to the terms of this Agreement or in derogation of Rakiline’s Intellectual Property Rights therein; (iii) Customer makes an assignment of Customer’s business for the benefit of creditors, a petition in bankruptcy is filed by or against Customer, a receiver, trustee in bankruptcy, or similar officer is appointed to take charge of all or part of Customer’s property, or Customer is adjudicated bankrupt; or (iv) Customer ceases the conduct of Customer’s business in the ordinary course. Immediately upon termination of this Agreement, whether or not Customer receives notice of such termination, the license shall be immediately terminated, Customer’s Account shall be disabled and Customer shall not have any further rights to use the Service or to purchase Products through the Service. All rights and remedies conferred herein shall be cumulative and in addition to all of the rights and remedies available to each party at law, equity or otherwise.
23. GOVERNING LAW. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America All other matters relating to this Agreement, your access to or use of the Service, and purchases of Products, will be governed by and interpreted in accordance with the law of the State of Florida without reference to its choice of law rules (whether of the State of Florida or any other jurisdiction). This agreement shall be deemed to be performed in Duval County, FL. Both parties irrevocably submit to the jurisdiction of the state or federal courts located in Duval County, FL for any action or proceeding regarding this Agreement, and both parties waive any right to object to the jurisdiction or venue of the courts in Duval County, FL. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under this Agreement. In the event a dispute arises regarding this agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees and expenses incurred in addition to any other relief to which it is entitled. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
24. CONSUMER LAWS. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Service or order a Product from us for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
25. ASSIGNMENT. This Agreement and all of the terms, provisions and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Customer may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Rakiline.
26. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be deleted and re-interpreted to the extent necessary to comply with law and interpreted and substituted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions of this Agreement will continue in full force and effect.
27. FORCE MAJEURE. Rakiline is excused from performance and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of Rakiline or its subcontractors or suppliers. These contingencies include, without limitation, war, sabotage, insurrection, act of terrorism, riot or other act of civil disobedience, act of public enemy, pandemics and effects of shut downs caused by pandemics, failure or delay in transportation, Internet outages or bandwidth limitations, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God.
28. ENTIRE AGREEMENT. This Agreement constitutes the entire and exclusive agreement and supersedes all previous agreements between Rakiline and Customer regarding the use of the Service or the purchase of Products by Customer. No representations or statements of any kind made by any representative of Rakiline, which are not stated herein, shall be binding on Rakiline. NO TERM OR CONDITION SET FORTH IN ANY OF CUSTOMER’S SOLICITATIONS, RFPS OR PURCHASE ORDERS SHALL BECOME BINDING ON RAKILINE UNLESS EXPRESSLY AGREED TO IN WRITING BY RAKILINE.
29. MODIFICATION. Rakiline reserves the right to make changes to the Service and to this Agreement at any time without prior notice. You should review this Agreement each time you access the Service.
30. INDEPENDENT CONTRACTORS. The relationship between Rakiline and Customer is only that of independent contractors. Neither party is the agent or legal representative of the other party, and neither party has the right or authority to bind the other party in any way.
31. ACKNOWLEDGEMENT. BY CLICKING “ACCEPT” AND SETTING UP YOUR ACCOUNT TO USE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT; THAT YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU MUST AGREE TO THIS AGREEMENT IN ORDER TO REGISTER AN ACCOUNT FOR AND USE THE SERVICE TO PURCHASE PRODUCTS FROM RAKILINE.