Unless otherwise agreed in writing with SIT, your use of the Websites orServices will always be subject to, at a minimum, the TOU. In addition, your use of anyService may also be subject to the terms of any legal notice applicable to the Websites orServices, in addition to the TOU (“Additional Terms") that should be read either within, or through your use of any of the Websites orServices. If there is any contradiction between the Additional Terms and the TOU, then the Additional Terms shall take precedence in relation to the Websites orService to which the Additional Terms apply.
The TOU together with any Additional Terms, form a binding legal agreement between you and SIT in relation to your use of the Websites and theServices ("Terms").
THESE TERMS ARE SUBJECT TO CHANGE, REMOVAL ADDTION (including without limitation by way of Additional Terms) OR MODIFICATION BYSITAT ANY TIME AT ITS SOLE DISCRETION. YOUR USE OF THESE WEBSITES AFTER SUCH CHANGES FORMS ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMSREGULARLY
1. Your Agreement to the Terms
YOUR ACCESSOR USE OF THE WEBSITESORSERVICES IN ANY WAY (whether you clicked "I agree" button or not)SIGNIFIESTHAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS WITHOUT LIMITATION OR QUALIFICATION. By accessing or using the Websites orServices you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website orService.If you do not agree to the Terms, you are not authorized to use any of the SIT Website or Services.
SIT provides the Websites,Services, opinions, facts and any information, on an “as-is” basis.SIT makes no warranties regarding any information, opinions, facts or data provided on or through the Websites andServices, and claims no liability, neitherfor damages resulting from their use, nor for the results that may be obtained from the use of the Websites and the services SIT IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICES OR THE WEBSITES AND MAKES NO WARRANTY THAT THE WEBSITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
The Websites andServices may contain trademarks, service marks, logos and other names, texts, text graphics, icons, images, videos, sounds, name, source-codes, patents, copyrights, technologies and products (actual or planned), know-how, trade secrets and industrial secrets, and also confidential commercial information and other intellectual property or any information relating to the same, that are the property of SIT or such other party as indicated with respect to that name or icon. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of SIT.
Subject to your full compliance with these terms, SIT authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
Information on the Websites is protected by copyright: copyright 2011 SIT. All rights reserve.
SIT reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.
SIT may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.
From time to time, SIT may offer to provide information or materials via e-mail or otherwise to interested persons. SIT reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.
Subject to the Terms, a person who has registered and obtained an account on the Websites (“Registered User”) is granted permission to use the Services, as may be from time to time. TheServices may be used by the registered users only for purposes of using the Services and not for any other purpose.
By entering the website you are acknowledging that it is your responsibility to provide all necessary information, as may be required for the purposes of using the Services through these websites.
You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to SIT, and to keep it accurate and complete to, among other things, allow us to contact you, (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that SIT has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
A registered user is the only person authorized to use his or her user identification and password, and shall not permit or allow other persons to have access to or use the same. A user is responsible for the use of theServices under his or her user identification number, and for maintaining the confidentiality of his or her user identification and password. For security purposes, unless otherwise noted, SIT will not disclose a user identification or password in the event of its loss by the user other than by sending it to the email address of a registered user upon written request.
Although it has taken significant measures to ensure the security of information submitted by you in using theServices, SIT cannot guarantee the security of information collected during your use of theServices and shall not be liable in any way for a compromise or corruption of your data. You shall not attempt to access any other of SIT's systems, programs, or data that are not made available by it for public use.
The payment of all fees and charges to SIT, as these may be posted on the Websites with respect to a specificService, must be made by a valid credit or charge card and/or other forms of accepted payments. SIT reserves the right to change amounts of the fees for theServices currently provided or to impose new fees with respect to newServices without notice by posting changes or new fees on theSite.
Except as otherwise provided herein, all fees and charges are non-refundable unless and upon any applicable Israeli Law.
You may revoke or cancel the Services at any time but refunds will not be given unless and until cancelation notice is made in writing and received by SIT 14 (fourteen) days after purchasing the Services and no less than 2 (two) days before the due date of the Service. Refunds are not transferable and will be given to the original purchaser in the same form of payment that was originally made.
You will also be entitled to refunds in the event that Services become impossible to provide at the fault of SIT. Any fee paid is not refundable if it is made impossible by any events beyond the control of SIT, including but not limited to acts of war, acts of nature, technological limitations, legislative, administrative or procedural changes and/or state action.
Other than that refunds may be given solely at the discretion of the SIT.
By submitting your application for Service and payment to SIT you understand and agree to the refund policy set forth above.
Please note that the refund policy shall be in full force and effect whether you decided to make the payment through the Websites or by any others means such as telemarketing and mail.
Any communication or material you post or transmit to theService and/or the Websites will be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant SIT the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
You warrant and represent to SIT that all information so provided by you upon registration with its websites, in connection with payment for the Services or any application forms posted on the Websites or otherwise transmitted is truthful, accurate and not misleading. You further warrant and represent to SIT that you are over 18 years of age. You understand and agree that SIT may terminate your status as a Registered User at any time if SIT believes that any such information you provided is not true.
You agree that SIT is permitted to access and use any other information provided by you to perform theServices and, if necessary, to access such information to obtain contact information in order to provide notifications relating to theServices to you, or any commercial and marketing materials pertaining to suchServices, including, but not limited to, e-mails,SMS, IM, telemarketing, and direct mail marketing.
10.Risk at Internet Connection and CommunicationSystems
SIT is not, in any way, responsible for the quality of the communication systems used for accessing and interacting with the Websites andServices (e.g., the public telephone, computer networks and the Internet) and shall not, in any way, be responsibilty for the availability of the communications systems. You acknowledge that the operation and availability of the communications systems can be unpredictable and may, from time to time, interfere with or prevent access to the Websites, theServices or their operation.
SIT makes no representations that the Websites orServices are appropriate or available for use in any location. By accessing or using the Websites or anyService, you acknowledge that you do so at your own risk and you are responsible for compliance with your local law.
You agree not to use the Websites orServices to:
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites orServices (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Websites orService); or, (ii) use any Websites orService in any manner that could disable, overburden, damage or impair such Websites orService, or interfere with any other party’s use and enjoyment of any Websites orService.
12.Third Party Websites and Content
The Websites orServices may contain links to websites not controlled by SIT (”Third Party Websites”), as well as content belonging to or originating from persons or organizations other than SIT (”Third Party Content”). You acknowledge that SIT: (a) is not responsible or liable for any Third Party Websitess or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
13.DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, SIT OFFERSTHE WEBSITESANDSERVICESAS-IS, AND MAKESNO REPRESENTATIONSOR WARRANTIESOF ANY KIND CONCERNING THE WEBSITESORSERVICES, EXPRESS, IMPLIED,STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIESOF TITLE, MERCHANTIBILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SIT DOESNOT WARRANT THAT THE FUNCTIONSOR CONTENT CONTAINED ON THE WEBSITESORSERVICESWILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTSWILL BE CORRECTED, OR THAT SIT’SSERVERSARE FREE OF VIRUSESOR OTHER HARMFUL COMPONENTS. SIT DOESNOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMSOF ACCURACY, RELIABILITY, OR OTHERWISE.
14.LIMITATION OF LIABILITY.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL SIT, ITSEMPLOYEES, OFFICERS, DIRECTORS, AFFILIATESOR AGENTS(”THE SIT PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSSOF REVENUE OR INCOME, LOST PROFITS, PAIN ANDSUFFERING, EMOTIONAL DISTRESS, COST OFSUBSTITUTE GOODSORSERVICES, ORSIMILAR DAMAGESSUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY, THAT ARISE IN CONNECTION WITH THE WEBSITESORSERVICES(OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE SIT PARTIESHAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.
THE SIT PARTIESSHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITESORSERVICES(INCLUDING CLAIMSOF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITESORSERVICES), FOR YOUR USE OF THE WEBSITESANDSERVICES, OR FOR THE CONDUCT OF THIRD PARTIESWHETHER ON THE WEBSITES, IN CONNECTION WITH THESERVICES, OR OTHERWISE RELATING TO THE WEBSITESORSERVICES.
IN ANY CASE, SIT's LIABILITY, FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES.
The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between SIT and you. You acknowledge and agree that SIT would not be able to provide this product on an economic basis without such limitations.
You agree to indemnify SIT and hold them harmless from and against any and all loss, expenses, damages, and costs, including,but not limited to, - reasonable attorneys' fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify SIT and hold them harmless from and against any and all claims brought by third parties arising out of your use of the Websites or Services and the content you make available via the Websites or Services by any means, including, but not limited to, -through a posting, a link, reference to content, or otherwise.
17.Termination of this Agreement.
These TOU and any Additional Terms will continue to apply until terminated by either you or SIT as set out below. Your right to access and use the Websites andServices terminates automatically upon your breach of any of these TOU or Additional Terms that may apply to the Websites orServices.
SIT may, at any time: (a) modify, suspend, or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, TOU, Additional Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as SIT deems appropriate at its sole discretion.
Your access to, and use of, the Websites orServices may be terminated by you or by SIT at any time and for any reason. SIT will use reasonable efforts to notify you in advance about any material modification, suspension or termination that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination.
WHETHER IT IS SIT'S DICISION OR YOURS,IN ANY CASE THAT AN ACCOUNT HAS BEEN SUSPENDED OR TERMINATED, NO REFUND SHALL BE GIVEN.
In addition, SIT reserves the right to delete and purge any account and all content associated therewith following any prolonged period of inactivity, all as may be determined by SIT at its complete discretion.
SIT shall not be liable in respect to any damage caused by or arising of or in connection with the termination or suspension or restriction, regardless of the reason thereof.
Becoming a Registered User or using the Websites or Services does not and shall not be deemed to make you a member, shareholder, affiliate of SIT, a legal representative, partner, franchisee, agent or employee of SIT,for any purposes whatsoever.
Governing Law; This TOU shall be governed by the substantive laws of Israel applicable to contracts executed in and performed entirely within that country, exclusive of choice of law rules. The provisions of the United Nations Convention on Contracts for the InternationalSale of Goods shall not apply to this Agreement in any manner whatsoever. The parties agree irrevocably to submit to exclusive jurisdiction of Israel.
Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right.
If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and SIT as a result of these TOU, any Additional Terms, or your use of any of the Websites orServices.
These TOU and any applicable Additional Terms constitute the entire agreement between you and SIT relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by SIT from time to time) between you and SIT.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.
The headings of this Agreement are for reference only. They shall not affect the meaning or interpretation of this Agreement.
In the event that any provision of this TOU is determined to be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this TOU unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions.
This TOU and any applicable Additional Term is prepared and executed in the English language only, which shall be the controlling language in all respects. Any translations thereof into any other language are for reference only and shall have no legal or other effect. Any notice which is required or permitted to be given by one party to the other will be in the English language and will be in writing. All proceedings related to TOU and any applicable Additional Term shall be conducted in the English language.