BY ACCESSING OR USING THIS SITE AND/OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, PERSONALLY OR ON BEHALF OF YOUR COMPANY, AND TO BIND YOU AND YOUR COMPANY TO THE TERMS OF THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 21 YEARS OLD. THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND COMPANY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT.
- In order to use certain features of the Site (e.g., to write comments), You may need to register for an account (“Company Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information.
- You may delete Your Company Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate Your Company Account in cases such as suspected unauthorized use of Your Company Account, or any other breach of security, Company policies, contracts, applicable laws, or if otherwise Company reasonably deems such action necessary in order to protect its interests, at Company’s sole discretion.
- Company will not be liable for any loss or damage arising from such suspension or termination, or from Your failure to comply with the above requirements. Furthermore, Company will not be liable for any loss or damage arising from any unauthorized access to your Company Account.
- PROPRIETARY RIGHTS;
- “Leaf Report” and the “Leaf Report” Logo are the trademarks of Company in the U.S. and other countries. Company’s trademarks may not be used without Company’s written permission. Other trademarks, service marks, and trade names that appear on the Site or Services may be registered marks of their respective owners and You are not permitted to use them without the consent of such owners.
- Company retains all right, title and ownerships in and to the Site and Services or any part thereof, including without limitation, their design and layout, contents (including User Content, as described in our Content Terms), copyrights, patents, trademarks, service marks and logos, database whether registered or not (the “Materials”), except as expressly excluded in this Agreement.
- You are granted only a limited and revocable right to use the Site and Services, subject to the terms of this Agreement, and for personal use only. Under no circumstances will you acquire any right, interest or title to any part of the Site, Services or Materials.
- ACCEPTABLE USE POLICY; RESTRICTIONS ON USE
- Your use of the Site and Services is subject to the following restrictions:
- You may not use, sell, rent, lease, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company’s prior explicit written consent; Likewise, You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services, without the Company’s prior explicit written consent;
- Except as expressly stated herein, no part of the Site, Services or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the Company’s prior explicit written consent;
- You shall not access the Site or Services in order to build a similar or competitive service;
- You may not use the Site and Services in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person’s personal information without his or her permission;
- The Site and Services may not be used or accessed by any automated machine, bot, spider, or such other automated feature or service;
- You shall not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
- You may not remove, circumvent, disable, damage or otherwise interfere with any features of the Site, or attempt to gain unauthorized access to any portion of the Site through any means, or interfere with, corrupt, or disrupt the operation or performance of the Site or the ability of any other person to use the Site, including, without limitation, transmitting content that contain any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
- You may not violate other users’ or third parties’ rights to privacy, publicity and other rights, or harvest, scrape, data aggregate, data mine, screen scrape, index or collect data and information about other users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation bots, crawlers, spiders, sifters and load testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Site, or Company’s systems, software or hardware in any way;
- You may not use the Site in connection with material which a reasonable person could deem to be: offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with this Agreement including any of our policies;
- Company reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Company will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
- USER CONTENT
- By submitting a User Content to the Site you hereby acknowledge that you have read and agreed to the User Content Terms, which are incorporated herein by reference. “User Content” means any and all information and content that You submit to, or use with, the Site (e.g., user comments and reviews).
- THIRD PARTY SERVICES
- The Site might contain links to third party services, websites and advertisements for third parties (collectively, “Third Party Services”). Such Third Services are not under the control of Company and Company is not responsible for any Third Party Services. Company provides these Third Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You use all Third Party Services at Your own risk.
- When You use a Third Party Service, the applicable third party’s terms and policies apply, including such third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Services.
- To the fullest extent permitted by law, You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users or Third Party Services.
- INDEMNITY; LIMITATION ON LIABILITY; DISCLAIMER OF WARRANTIES
- You agree to indemnify, defend, and hold Company (and its affiliated companies, subsidiaries, contractors, officers, employees, and agents) harmless, from any claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, made by any third party due to or arising out of (a) Your use of the Site; (b) You use of Third Party Services; (c) Your User Content; (d) Your violation of this Agreement or of applicable law; or (e) a violation of the rights of any other person or entity by you, or of any intellectual property right, publicity, confidentiality, property or privacy right. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
- THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100).
- TERM AND TERMINATION
- Subject to this Section, this Agreement will remain in full force and effect while You use the Site and/or Services. We may (a) suspend your rights to use the Site and/or Services (including Your Company Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site and/or Services in violation of this Agreement.
- Upon termination of this Agreement, Your Company Account and right to access and use the Site and/or Services will terminate immediately. Company will not have any liability whatsoever to You for any termination of this Agreement, including for termination of Your Company Account or deletion of Your User Content.
- COPYRIGHT POLICY
- Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights.
- If You believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that You claim to have been infringed;
- Identification of the material on our Site that You claim is infringing and that You request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
- Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. For any copyright related inquiries please contact us using the below details:
- ASSIGNMENT, SEVERABILITY AND WAIVER
- The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company’s prior written consent.
- If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
- Failure to assert, at any time, any right, or require performance with regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company’s rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
- AMENDMENTS TO THE AGREEMENT
The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement.
- Governing Law. This Agreement shall be governed by the laws of the State of Israel without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the exclusive personal jurisdiction of the courts located in Tel Aviv, Israel, for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
- Contact Us. If you have any questions about our Site or Services, you can contact us at email@example.com.