Terms and Conditions of Use of Website
WELCOME TO OUR WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. By continuing to access or use this site, and/or any service provided and/or available at this site, you provide YOUR FULL AND IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS, and agree that these terms and conditions will govern only your use of this Web site, but will not apply to any transactions arising under or deriving from your use of this site, including transactions between you and UNITRONICS and/or any third party, which transactions shall be governed solely by the provisions of specific agreements to be entered into by and between the respective parties. UNITRONICS reserves the right to amend, and/or remove, and/or add to these terms and conditions at any time without notice to you. Such modifications shall be effective immediately upon posting them on this site. Accordingly, please continue to review the most current version of these terms and conditions whenever accessing or using this site. Your use of the site, and/or any service on this site, after the posting of modifications to these terms and conditions will constitute YOUR FULL AND IRREVOCABLE ACCEPTANCE OF THE TERMS AND CONDITIONS, as modified. In addition, you agree to comply with any additional guidelines or rules applicable to this Web site, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these terms and conditions. If, at any time, you cease to accept these terms and conditions, you may thereafter not use this Web site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions shall not apply, are expressly rejected by UNITRONICS and shall be of no force or effect, unless and to the extent otherwise confirmed by UNITRONICS in writing.
1. USER’S CONSENT TO TERMS AND CONDITIONS. By accessing this Web site and/or making any use thereof and/or of the information provided therein, you represent that you have carefully read, fully understand and agree to be bound by these terms and conditions, as amended and/or supplemented from time to time, including by way of incorporation by reference (hereinafter the “T&C“). Recognizing the global nature of the Internet, you further agree: (a) to comply with the laws of the State of Israel and/or any applicable international or local law regarding the transmission of any data sent by you to this site or obtained by you from the Service (as defined herein) in accordance with the T&C; (b) not to use the Service for any purposes which are illegal pursuant to any of the foregoing laws; and (c) to comply with all rules regarding online conduct, including, but not limited to, not to interfere or disrupt networks connected to the Service.
2. INTELLECTUAL PROPERTY. You acknowledge and agree that this Web site and its content, including but not limited to text, software, photographs, video, audio, graphics, data, information, any other material or content, or any portion of the foregoing (hereinafter the “Service“), has been especially designed by UNITRONICS and/or on its behalf by its suppliers or contributors of content, equipment or otherwise, including advertisers and any other information sources or participants in the Service (hereinafter the “Suppliers“) for presentation in a unique format and appearance, with UNITRONICS’ and/or the Suppliers’ look and feel (collectively “Look and Feel“), and that such Look and Feel is protected by patents, copyrights, trademarks, service marks, trade secrets, morality rights, know-how, international treaties and/or other proprietary rights (hereinafter the “Intellectual Property“) of UNITRONICS and/or the Suppliers pursuant to applicable intellectual property and other laws of the State of Israel and/or such laws of other jurisdictions. The Service is also protected as a collective work or compilation under the foregoing laws and/or international copyright and/or other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service or deriving from it. You also agree and acknowledge that all Intellectual Property in the Service other than Intellectual Property of UNITRONICS and/or the Suppliers is the property of its respective owners and is also protected as aforesaid, and you also agree to abide by all laws, notices and/or restrictions applicable to such Intellectual Property, as aforesaid.
Should you have any general inquiries regarding UNITRONICS’ Intellectual Property please send them to email@example.com.
3. RESTRICTIONS ON USE. You may not use the Service for any illegal purpose as aforesaid or in any manner inconsistent with the T&C. You agree to use the Service solely for your own personal use and/or benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or third entity. You agree not to use, transfer, distribute, modify, rent, lease, lend, distribute, sell, resell or exploit any content contained in the Service or create derivative works based on the Service, in whole or in part, except and to the extent expressly authorized by UNITRONICS in writing. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by UNITRONICS and/or Suppliers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable Intellectual Property of UNITRONICS and/or Suppliers. You agree to protect the proprietary rights, Intellectual Property and/or other rights of UNITRONICS and/or Suppliers having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by UNITRONICS or the Suppliers to protect their and others’ proprietary, contractual, statutory, common law rights, Intellectual Property or other rights in the Service. You agree to notify UNITRONICS in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other Intellectual Property, proprietary, contractual, statutory, common law right or any other right.
4. FURTHER RESTRICTIONS ON USE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY NOT COPY, DUPLICATE, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT UNITRONICS’ PRIOR WRITTEN CONSENT. YOU MAY NOT USE ANY CONTENT INCLUDED ON THE SERVICE FOR ANY PURPOSE WHICH IS OFFENSIVE OR WHICH DISPARAGES, DAMAGES OR OTHERWISE NEGATIVELY REFLECTS UPON UNITRONICS, ITS PRODUCTS, SERVICES, EMPLOYEES, MANAGEMENT OR ANY THIRD PARTY. MODIFICATION OF THE SERVICE’S CONTENT BY YOU WOULD BE A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS AND OTHER PROPRIETARY RIGHTS OF UNITRONICS AND/OR SUPPLIERS AND/OR ANY OTHER THIRD PARTIES, AS THE CASE MAY BE, AND IS STRICTLY FORBIDDEN. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE, RESALE, RENT OR LEASE, OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF UNITRONICS. THE SERVICE MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF THE TRADEMARKS, TRADE NAMES OR SERVICE MARKS CONTAINED IN THE SERVICE IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH UNITRONICS’ CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO USAGE AND/OR OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF THE TRADEMARKS, TRADE NAMES OR SERVICE MARKS CONTAINED IN THE SERVICE IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS SET FORTH ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE LINKING AND FRAMING TERMS AND CONDITIONS.
5. LIMITED RIGHT TO USE. You acquire absolutely no rights or licenses in or to the Service other than the limited, non exclusive, revocable, non-transferable, personal right to use the Service in accordance with the T&C. You agree that the viewing, printing or downloading of any content included on the Service grants you only the foregoing limited right and not any right to republish, distribute, assign, sublicense, sell, prepare derivative works or make any other use of the Service. No part of the Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use for the foregoing sole purpose. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any Intellectual Property of UNITRONICS or any third party, except as and to the extent expressly provided herein.
6. RIGHTS RESERVED. All present and future Intellectual Property rights and rights in and title to the Service (including the right to exploit the Service over any present or future technology) under the laws of any jurisdiction, domestic or foreign, including rights in and to all applications and registrations relating to the Service shall, at all times be and remain the sole and exclusive property of UNITRONICS and/or Suppliers and/or the respective owners of such rights and titles, as the case may be. Except as specifically permitted herein, you shall not use any Intellectual Property rights, or the names of any entity referred to under the Service, or any variations or derivatives thereof, for any purpose, without the prior written approval of its owner.
7. DISCLAIMER AND LIMITATION OF LIABILITY. You understand and agree that (i) you must evaluate, and bear all risks whatsoever associated with your use of the Service, at your sole risk, including any reliance on the veracity, accuracy, currency, adequacy, completeness, or usefulness of the Service, (ii) the Service and anything contained within the Service, including, but not limited to, content, services, goods or advertisements (hereinafter the “Items“) are provided “AS IS” and “AS AVAILABLE”, (iii) UNITRONICS expressly disclaims all warranties of any kind, express or implied, as to the Items which are the subject matter of the Service, including, but not limited to, the implied warranties of merchantability, non-infringement, title or fitness for a particular purpose or use, (iv) UNITRONICS makes no warranty that (A) the Service is compatible with your equipment, (B) the Service will meet your requirements, (C) the Service will be uninterrupted, timely, secure or error-free, (D) the results that may be obtained from the use of the Service will be true, complete, accurate or reliable, (E) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations, or (F) the Service is free of bugs, errors, problems or other limitations, including but not limited to viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features, (viii) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, (ix) you must evaluate, and bear all risks whatsoever associated with the use of the Internet and the Service in particular, including any reliance on the veracity, accuracy, completeness, or usefulness of the Service. No advice or information, whether oral or written, obtained by you from UNITRONICS or through or from the Service shall create any warranty not expressly stated in the T&C. You agree that UNITRONICS, its Suppliers and/or its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of UNITRONICS, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against UNITRONICS by any other party; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service are not maintained or controlled by UNITRONICS. UNITRONICS is therefore also not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. UNITRONICS does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. UNITRONICS is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Service. You understand that UNITRONICS, its affiliates, agents, Suppliers and/or other associates may choose at any time to inhibit or prohibit their content from being accessed under the T&C.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL UNITRONICS, ITS SUPPLIERS AND/OR ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, GOODWILL, LITIGATION, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNITRONICS HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE ARISING OR RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE, (ii) FALSITY, INACCURACY OR INCOMPLETENESS OF THE SERVICE, (iii) ALTERATION OF YOUR TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, (v) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, (vi) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION DAMAGES FROM VIRUSES OR INABILITY TO USE THE SERVICE, OR (vii) ANY PROVISION OF THE T&C. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE RELATIONSHIP BETWEEN UNITRONICS AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE T&C.. Where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, UNITRONICS’ total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence or any of the foregoing causes of action) shall not exceed the amount paid by you, if any, for accessing this site.
9. REPRESENTATIONS AND WARRANTIES. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at the age of maturity pursuant to the laws of your jurisdiction and in any event not less than eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the T&C.
10. INDEMNIFICATION. You agree, at your own expense, to indemnify, defend and hold harmless UNITRONICS and its directors, officers, employees, attorneys, representatives, affiliates, Suppliers and/or agents (collectively, “Affiliated Parties”), against any demand, claim, suit, action or other proceeding brought against UNITRONICS and/or the Affiliated Parties by a third party, to the extent that such demand, claim, suit, action or other proceeding is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service with or without your permission; (ii) your use or someone using your account with or without your permission, where applicable; (iii) a violation of the T&C by you or anyone using your computer (or account, where applicable) with or without your permission; (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) with or without your permission infringes any Intellectual Property right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable) with or without your permission; (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. UNITRONICS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with UNITRONICS in asserting any available defense. You acknowledge and agree to pay UNITRONICS’ reasonable attorney fees incurred in connection with any and all lawsuits brought against you by UNITRONICS under the T&C, including without limitation, lawsuits arising from your failure to indemnify UNITRONICS pursuant to the T&C.
11. TERMINATION. Either you or UNITRONICS may terminate the T&C with or without cause at any time and effective immediately (or any part thereof). You may terminate the T&C by discontinuing use of the Service and destroying all materials obtained from the Service. The T&C will terminate immediately without notice from UNITRONICS if you, in UNITRONICS’s sole discretion, fail to comply with Sections 1-6, 9-10, and 12-13 of the T&C. Upon termination by you or UNITRONICS as aforesaid, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections 2-4, 6-14, and 17-18 and Section C below shall survive any termination of the T&C.
12. GOVERNING LAW & JURISDICTION. The T&C shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal and exclusive jurisdiction of the competent courts located in the district of Tel Aviv, Israel, with respect to any legal proceedings that may arise in connection with the T&C and/or the Service including but not limited to a dispute as to the interpretation and/or breach of the T&C. You also agree that UNITRONICS shall have the right to seek and obtain from any court of competent jurisdiction any equitable or provisional relief or remedy enforcing any right or interest it may have in connection with the T&C, including without limitation a temporary restraining order, preliminary injunction, writ of attachment, order compelling an audit, or enforcement of any liens or security interests held by UNITRONICS. No such judicial actions permitted by this Section shall waive or limit UNITRONICS’ rights to adjudicate the merits of the dispute by arbitration.
13. MISCELLANEOUS. You accept that UNITRONICS has the right to change the content or technical specifications of any aspect of the Service or to modify or discontinue, temporarily or permanently, the Service at any time at UNITRONICS’ sole discretion without prior notice. You further accept that such changes may result in your being unable to access the Service. The failure of UNITRONICS to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. 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 Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. INFORMATION AND PRESS RELEASES. This site and/or the Service may contain information and press releases about UNITRONICS. While such information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Further, information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
16. HEADINGS. The section titles in the T&C are used solely for the convenience of you and UNITRONICS and have no legal or contractual significance.
17. SEVERABILITY. If any provision of the T&C is found by a court of competent jurisdiction to be invalid or unenforceable, you agree nevertheless that the court should endeavor to give effect to the parties’ intentions as reflected in such provision to the maximum extent permissible, and the other provisions of the T&C will remain in full force and effect.
18. ENTIRE AGREEMENT. The T&C and any other terms and conditions on www.unitronics.com, constitute the exclusive and entire agreement between you and UNITRONICS relating to the subject matter hereof and govern your use of the Service and/or this site, superseding any prior or contemporaneous agreements, representations, warranties and/or understandings with respect to this site.