Last updated: 29 December, 2016
THIS WEBSITE, www. sagivtech.com (the “Site”), is owned and operated by SagivTech Ltd. (“SagivTech”, “we”, “us” or “our”). Any use of this site is subject to and conditioned upon your assent to and compliance with, all of the terms and conditions in these terms of use (the “Terms of Use“) which also incorporates our privacy policy, as appears at www. sagivtech.com/privacy policy. By using the Site you signify your consent to be bound by this Terms of Use. If you do not agree with any of the Terms of Use or if you are not in legal age to form a binding contract, please do not use or access this Site.
We may amend this Terms of Use at any time by posting the amended terms on the Site. Your continued use of the Site shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site. These Terms of Use may not be otherwise amended.
Eligibility to Use our Site
You may not use the Site and may not accept this Terms of Use if you are not of legal age to form a binding contract with SagivTech.
User Accounts
The use of the Site, or any part thereof, may require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur under your account. You agree to notify SagivTech immediately of any unauthorized use of your account or any other breach of security. SagivTech will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time.
Electronic Communications
When you contact us by sending emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. 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.
Content
For purpose of these Terms of Use, the term “Content” includes, without limitation, comments and information, data, text, photos, graphics, in static or interactive feature, which is provided or otherwise made available to you or provided by you through the Site. We are not obligated monitor or control Content posted by users of the Site or other individuals or entities, and cannot be responsible for such Content.
SagivTech does not guarantee that any Content submitted by you will be made available through the Site. By submitting any SagivTech on or through the Site, you: (a) acknowledge that you are publishing such Content and that you may be identified publicly by your name in association with such Content; (b) understand that whether or not such Content is published, SagivTech does not guarantee, and is not under any obligation of, confidentiality with respect to any Content provided by you or any third party; (c) represent and warrant that you own or have all necessary rights and permissions to use and authorize SagivTech and users of the Site to use all intellectual property rights in and to any Content submitted by you, and to enable inclusion and use thereof in connection with the Site; (d) represent and warrant that your Content does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent or other intellectual property or proprietary right, or any right of privacy; (e) grant SagivTech a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable license to use, edit, modify, reproduce and display the Content in connection with the Site.
You further acknowledge and agree that you shall be solely responsible for any Content submitted by you and to the consequences of posting or publishing such Content, and you waive any “moral rights” in such Content.
You understand that when using the Site you may be exposed to Content from a variety of sources, and that SagivTech is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such Content. You may be exposed to Content that is inaccurate and you agree to waive, and hereby do waive, any rights or remedies you may have against SagivTech with respect thereto.
You understand and agree that SagivTech may (but is not obligated to) review and remove or block any content of any kind, including in the event, SagivTech, in its sole discretion, believes the Content violates these Terms of Use or which might be offensive, illegal, inappropriate, unsuitable or which violates the rights of, harms, or threatens the safety of third parties and/or other users of the Site. SagivTech reserves the right, at its sole and absolute discretion, terminate a user’s ability to use content in violation of these Terms of Use.
Proprietary rights
The Site and the content therein are proprietary to us or our licensors. Any and all intellectual property rights related to the Site are and shall remain our exclusive property of our licensors. Nothing in this Site grants any license or right to use any marks displayed on this Site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited.
Links to Other Websites
This Site may contain links and references to websites of others. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. You are recommended to review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites. In no event will we be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. You expressly relieve us from any and all liability arising from your use of any third-party website.
No Warranty
Save to the extent required by law, SagivTech has no special relationship with or fiduciary duty to you. It is understood and agreed that SagivTech has no control over, and no duty to edit or review for accuracy or appropriateness any information or data provided by you or information provided by any supplier offering services or programs by means of the Site (“Third Party Suppliers”).
SagivTech does not provide any warranty whatsoever, neither on behalf of itself nor on behalf of any Third Party Supplier, with respect to any services of Third Party Suppliers. It is hereby made explicitly clear that SagivTech shall not be held responsible for any acts and/or omissions on the part of any Third Party Supplier. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAGIVTECH EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE ACCURACY OF THE CONTENT AND/OR ANY ACTIONS YOU MAY PURSUE OR REFRAIN FROM TAKING PURSUANT TO SUCH CONTENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such case, the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR THESE TERMS OF USE, HOWEVER ARISING, INCLUDING NEGLIGENCE. Neither SagivTech nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided on the Site or from the use of, or the inability to use any content or services thereon. You specifically agree that SagivTech is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Site or any materials thereon, or with these terms and conditions, your sole and exclusive remedy is to cease using the Site.
WITHOUT DEROGATING FROM ANY OF THE FOREGOING, OUR TOTAL AGGREGATE LIABILITY UNDER THIS TERMS OF USE, IF ANY, IN CONNECTION WITH THE SITE OR THE TERMS OF USE SHALL NOT EXCEED $1,000 USD. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU.
Termination
SagivTech may terminate your access to all or any part of the Site at any time, with or without cause, or with or without notice, effective immediately, such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by ceasing use of the Site.
Privacy Policy
Information that we collect and use about you is subject to our Privacy Policy located at www. sagivtech.com/privacy policy. By accessing this Site you consent to the collection and use of information as described in our Privacy Policy, as may be amended by us from time to time.
Governing Law; Dispute Resolution
The laws of Israel will govern these Terms of Use, without regard to its conflict of law principles. Any and all legal claims, suits or actions that arise in connection with this Terms of Use and/or the Site, claimed against us shall be brought exclusively in the courts located in Tel Aviv, Israel. You agree that this Site shall be deemed a passive website that does not give rise to personal jurisdiction over SagivTech, either specific or general, in jurisdictions other than Tel Aviv, Israel.
Limitation of Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
Waiver and Severability
The failure of SagivTech to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. If any of the provisions of this Terms of Use are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.