[Last Revised: October 23, 2018]
ACCEPTANCE OF THE TERMS: BY ACCESSING OR USING OUR WEBSITES OR THE SERVICES THEREIN YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS AND YOU AGREE TO BE BOUND BY THEM. YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN YOU AND US WHICH FURTHER ENFORCES CLASS ACTION WAIVER AND ARBITRATION PROVISION AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS, VIEW OR USE THE WEBSITE OR THE SERVICES IN ANY MANNER.
Eligibility and Age Limitation
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms. You further represent and warrant that you are at least eighteen (18) years of age and of legal competence to enter into these Terms. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our website.
The Website and Services
This website provides you with comprehensive information and resources about the Company’s business operation and any other content related thereto (including contact information, images, text, logos, button icons, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). In addition, the website provides you with communications means which you can use to contact us if you have any question or if you wish to be our partner and be provided with the applicable information in this regard. Further, we may display job offers in our website, enabling you to submit your CV if you are interested in working with us (collectively with the website and Content shall be referred to as “Services”).
Use of the Website and Services
The Services are provided for your personal and non-commercial use only; You agree only to use the Services as set forth in these Terms and according to applicable laws and regulations. You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms. You may not use the Services in a manner which would disrupt the use of the website by other users. We reserve the right to investigate any breach or alleged breach of these Terms and to report any breach or alleged breach of these Terms to law enforcement authorities. We may prevent you from using the Services if we become aware of any action which breaches or which is reasonably construed as a breach of these Terms. We may also limit your use of the Services for any other reason or for no reason and retain the right to terminate your use of the Services at our sole discretion.
Further, you hereby agree you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative work, circumvent or hack the Services or to gain unauthorized access to the Services or its related systems or networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Services available to any third party, or any portion thereof; (iii) use the Services in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the Services, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials available in or through the Services; (v) use, access or attempt to access the Service in connection with any automated means; (vi) use the Company’s name, logo or trademarks without the Company’s prior written consent; and (vii) extract, collect or store personal data about other users without their express permission. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, AT OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICE.
Intellectual Property Rights
The Service, website and any Content available therein are protected by international copyright laws or any other intellectual property laws and are owned by or licensed to the Company. Except as expressly granted under these Terms, we retain all right, title ownership and interest in and to the Service, website and Content, copyrights and trademarks, product names, and trade names as well as any content provided or made available in connection with the Service to the fullest extent possible under applicable law.
Termination, Availability & Changes to the Website and Services
You may terminate these Terms at any time by cease using the website and Services. The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the website or Services (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this website may be changed or removed at any time without any notice. Further, the website and Services availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the website and Services will operate and/or be available at all times without disruption or interruption, or that it will be error-free. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this website.
THE COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES, WEBSITE AND CONTENT WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. YOUR USE OF THE SERVICES AND RELIANCE ON THE CONTENT OR ANY INFORMATION PROVIDED THEREIN ARE SOLELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE SERVICES. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, SECURED, FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE THROUGH THE SERVICES IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS WHICH YOU MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR YOUR RELIANCE ON ANY CONTENT. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF WE HAVE BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US, AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to hold us harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the website and breach of these Terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
We reserve the right to periodically amend or revise these Terms from time to time, at our sole discretion, so please re-visit this page frequently. Any changes to these Terms will become effective immediately upon the display of the revised version. The most recent version of the Terms will always be posted. If we do make any changes, the updated date at the top of the Terms will be reflected in the “Last Revised” heading. Your continued use of the website or our Services, following the display of such modified Terms, constitutes your acknowledgement and consent of such amendments and your agreement to be bound by the terms of such amendments. In the event of a material change we will make best efforts to provide a written notification.
If you have any dispute with us please first try to contact us and resolve any issues there may be in an informal procedure. In the event the dispute cannot be resolved in such informal and friendly manner, you and the Company hereby agree to resolve any claim by binding and exclusively arbitration by the “AAA” (i.e., the American Arbitration Association). You agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. All claims must be brought in the parties’ INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims. This provision will survive the termination of these Terms. If you wish to opt-out of this arbitration provision, you must provide us with a clear written statement of your wish to opt-out (“Opt-Out Statement”). The Opt-Out Statement shall include your full name and residence address. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. You hereby agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.
These Terms, constitute the entire understanding between the parties with respect to the use of the Service. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of these Terms, which shall remain valid and enforceable. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We expressly reserve our right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If you have any questions about these Terms, please contact us at:
TrafficPoint Ltd 52 Menachem Begin St. Tel Aviv, IL; or
via our “contact us” form located in the websites; or
send us an email: [firstname.lastname@example.org].