Consent and Modification
Ability to Accept Terms
The Site is not intended for individuals under the age of 18 years. If you are under 18 years please donot use the Site.
Site Access and Use
We hereby grant you permission to access and use the Site, provided that you comply with these Terms and applicable law and do not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. We, at our sole discretion, have the right to terminate your access to the Site immediately, with or without cause. We reserve all rights not expressly granted in and to the Site.
Software Use Restrictions
You acknowledge that any software/application and related documentation that may be available to download or access from the Site (the “Software”) is the copyrighted work of Hanutt. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the “License Agreement”). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content“) and the trademarks, service marks and logos contained therein (“Marks“), are the property of Hanutt and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Site and the Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “Hanutt”, the Hanutt logo, and other marks are Marks of Hanutt or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Hanutt, its users or the public.
Hanutt permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Hanutt or present any false information about Hanutt and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site (including, without limitation, any pricing) is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Hanutt HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Hanutt DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT Hanutt WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Hanutt OR OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS, BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO: LOST PROFITS OR REVENUE, LOSS OF DATA, INABILITY TO ACCESS OR USE THE SITE, OR LOSS OF BUSINESS) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF Hanutt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT Hanutt’S TOTAL LIABILITY FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AGGREGATE AMOUNT (IF ANY) PAID BY YOU TO Hanutt FOR USING THE SITE. 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 defend, indemnify and hold harmless Hanutt and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; and/or (ii) your violation of the Site Terms
Term and Termination
These Terms are effective until terminated by Hanutt or you. Hanutt, in its sole discretion, has the right to terminate your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the Site Terms). Hanutt shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Hanutt without restriction or notification to you.
Hanutt reserves the right to discontinue or modify any aspect of the Site at any time. The Site Terms and the relationship between you and Hanutt shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Hanutt may seek injunctive relief in any court of competent jurisdiction. This Section 15, 4 (Intellectual Property Rights), 9 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability) and 12 (Indemnity) shall survive termination of these Terms. The Site Terms shall constitute the entire agreement between you and Hanutt concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.