Last updated: December 10, 2020
These ToU apply to the use of the Website. By using the Website, you agree to be bound by these Terms as may be amended from time to time (as set forth below). Please read these Terms carefully before you continue to make any use of the Website. If you do not agree to these Terms, you should exit and cease any further use of the Website. For the purpose of these Terms, the term "use" includes among others any entrance, access or attempt to access the Website or otherwise any action you may do or attempt to do in connection therewith.
WEBSITE AND USAGE THEREOF
The Website and all content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, business models, products and services of TenureX, and any computer code (the Website and the aforesaid - collectively, the "Content"). Content includes (without limitation) the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content.
We only authorize you to view the Content, provided that your view of such Content is for your internal business purposes only and will not use it for any activity which is competitive with the Website or otherwise with us. No other right or license is provided in connection with Content (and such rights and licenses are specifically reserved by us).
You further specifically agree not to, not attempt to and not allow any third party to (or attempt to):
We reserve the right at any time and from time to time, without being obligated to provide prior notice and/or any other liability, to modify, suspend, or discontinue, temporarily or permanently, the Website, the Content or any part thereof, or your access thereto, and to modify, suspend or terminate the Website or any part thereof, all at our sole discretion. You will have no claim, complaint or demand against us or against our related parties or affiliates (“Related Parties”), for applying any of such changes or for failures to apply such changes.
As between us and you, we own all right, title and interest in and to all patents, copyrights, trademarks, trade secrets, and all other intellectual property or other property rights in or to the Website and other Content, and all aspects of the Content, including, without limitation, any and all text, content, design, images, logos, graphics, icons, audio and all functions therein, at any time and as of their first creation.
THIRD PARTY CONTENT
The Website may make available to you content, services, products, advertisements, offers, and other content of third parties ("Third Parties" and "Third Party Content"). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third Party Content (including any Third Parties' website(s)). By using the Website, You expressly consent to receive Third Party Content. We do not monitor Third Party Content and its availability through the Website does not constitute any endorsement or recommendation on our behalf.
We are not responsible for any Third Party Content and/or actions of or information regarding any Third Party and make no representation or warranty of any kind, either express or implied, regarding the Third Party Content and/or actions of any Third Party, including with respect to non-infringement of rights, accuracy, usefulness, safety of use or legal compliance. You will have no claim, complaint or demand against us or against our Related Parties in connection with any Third Party and/or Third Party Content.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE, ITS OPERATION AND THE INFORMATION AVAILABLE THEREON ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" and "WITH FLAWS" BASIS. WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY REGARDING THE ACCURACY, MERCHANTABILITY, UP-TO-DATE, NON-INFRINGEMENT, RELIABILITY, OPERABILITY, ERROR FREE, OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR AVAILABILITY OF THE WEBSITE OR TO THE CONTENTS PROVIDED THEREIN (INCLUDING, WITHOUT LIMITATION THE DESCRIPTIONS OF OUR SERVICES, SOLUTIONS, PRODUCTS OR ANY OTHER INFORMATION AVAILABLE THEREIN). WE FURTHER MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED WITH REGARD TO SUCCESS OF THE WEBSITE FUNCTIONALITY. WE DO NOT PROVIDE YOU WITH ANY REPRESENTATIONS, WARRANTIES ABOUT THE WEBSITE, THE USE OF THE WEBSITE AND THE RESULTS YOU MAY RECEIVE THERE THROUGH AND/OR IN RESPECT TO ANY SOURCE FROM WHICH WE RECEIVED INFORMATION PRESENTED TO YOU THROUGH THE WEBSITE.
You further assume full, exclusive and sole responsibility for the use of and reliance on the Website and on any responses or information provided to you through the Website, and acknowledge that any use of or reliance on the Website is made entirely at your own risk. It is your responsibility to make sure that your use of the Website is legal in your jurisdiction. We make no representation regarding its legality in your country or jurisdiction.
LIMITATION OF LIABILITY
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR ANY OF OUR RELATED PARTIES IS TO DISCONTINUE YOUR USE OF THE WEBSITE. WE AND OUR RELATED PARTIES AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE WEBSITE AND/OR IN CONNECTION TO ANY CONTENT OR ANY OTHER INFORMATION OR DATA PROVIDED TO YOU THROUGH THE WEBSITE. THESE EXCLUSIONS SHALL BE IN EFFECT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless TenureX's and its Related Parties', members, shareholders, officers, directors, employees, and agents, from and against any and all, direct or in direct, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), at TenureX's first demand, arising from: (i) Your use of the Website or any of the Content; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright or other intellectual property or privacy right included in the Website or any other Content.
Entire Agreement. These Terms embody the entire agreement between you and us and supersede any and all prior understandings and agreements, oral or written, relating to it.
Assignment. Your user account may not be assigned to others. We may assign these Terms and any right or obligation in respect to the Website, in whole or in part, to anyone else.
Severability; Waiver. If any term of these Terms is held unenforceable, for any reason, legal or other, that term shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining Terms shall remain in full force and effect. Our failure to enforce any term and/or right granted in these Terms will not constitute a waiver of such or any other term.
Amendments and Modifications. We, at any time and from time to time, may modify these Terms in whole or in part, without being obligated to provide you with a notice to that effect. Modifications to these Terms will be effective immediately so please check these Terms periodically for changes.
Notice. We may provide notices and marketing materials to you through certain instruments such as a pop-up window or other form of communication which will be viewable to you via the Website or by email to the email address specified by you, and any such notice shall be deemed received when so provided. Any notices to us or question regarding these Terms may be sent to: email@example.com.
Governing Law and Jurisdiction. The courts of Tel-Aviv-Yafo, Israel shall have exclusive jurisdiction over any disputes hereunder. These Terms shall be interpreted exclusively in accordance with the laws of Israel.