General Terms and Conditions
LAST UPDATED: December 18, 2017
1. Accepting the Terms and Conditions.
Please read these terms and conditions carefully before using this website, and check them periodically for changes.
ANY USE OR ACCESS OF THIS WEBSITE (THE “SITE”), IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). BY USING THE SITE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT. THE AGREEMENT IS BETWEEN US, COGNITIVE ID LTD. ("US" OR "WE"), AND YOU, AN INDIVIDUAL OR AN INDIVIDUAL ACTING ON BEHALF OF A LEGAL ENTITY THAT WILL BE USING THE SITE.
We may change the terms of this Agreement at any time(s) and in our sole discretion, upon posting notice on the Site. Your continued access 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 access the Site.
2. The Site.
Access and use of the Site and any content made available at the Site or that you otherwise obtain in connection with the Site ("Content"), is permitted only for your own use as intended pursuant to the Site, and only as long as you are in compliance with this Agreement.
You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Site including imposing a fee for the use of certain services, upon posting a notice on the Site. In addition, we may, from time to time, perform maintenance upon the Site resulting in interrupted service, delays or errors in the Site. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
3. General User Conduct.
You agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, (ii) not, nor allow or facilitate a third party, to violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Site. Without limiting the foregoing you may:
· Not use the Site or any Content (including without limitation any articles, images, photographs, graphics), to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Not alter, modify, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Site or Content (including without limitation trademarks, service marks and logos contained in the Site ("Marks").
· Not access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any of the Site's security and traffic management devices, software or routines.
· Not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site except if and to the extent permitted by applicable law.
· Not use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Site, monitor or scrap information from this Site, or bypass any of our robot exclusion request (either on headers or anywhere else on the Site).
· Not use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us.
· Not create or provide any other means through which the Site may be accessed, for example, through server emulators, whether for profit or not.
5. Our and our Suppliers' Proprietary Rights.
The Content, including without limitation Marks and design files, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content and Site not expressly granted herein are reserved.
6. Links to Other Websites.
7. Disclaimers of all Warranties.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLCIABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THIS SITE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR ACCESS OF THIS SITE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE OF SUCH RESULTS OF CONSEQUENCES; OR (III) YOUR ACCESS OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
YOUR USE AND ACCESS OF THIS SITE AND CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES;
8. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE), OR (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. However, we (but not our suppliers) will be liable to You for direct damages to you that arise out of any willful act on Our part in an amount up to USD $1.
9. Limitation of Claims.
Any claim or cause of action arising out of or related to the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE OR THE CONTENT (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFULL MISCONDUCT OR FRAUD ON OUR PART); OR (II) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU.
We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
11. Governing Law and Exclusive Courts.
This Agreement will be governed by laws of the State of Israel without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in Tel- Aviv, Israel, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
12. Infringement Notices and Takedown.
If you believe that any material contained on this Site infringes your copyright, please report this to us. We will investigate any report.
This Agreement and our rules and policies in this Site comprise the entire agreement between you and us, state our and our suppliers' entire liability and your exclusive remedy with respect to the Site, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ subject matter. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site.Copyright © 2018, Cognitive ID Ltd. All rights reserved.