Website Terms of Use

Last Updated: March 31, 2020

Introduction

IN ORDER TO USE OUR WEBSITE, YOU ARE REQUIRED TO READ THESE TERMS OF USE IN ITS ENTIRETY. By using this website (the “Website”):

  • You agree to all of the below terms and to the privacy policy that consists an integral part of this TOS, and available at: http://nowdialogue.com/pp (jointly, the “Agreement”), as they may be amended by us from time to time in our sole discretion.
  • YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Compliance with Intellectual Property Laws

When accessing our Website, you agree:

  • To comply with all applicable laws and regulation including without limited to intellectual property rights of others. Your use of our Website is at all times governed by and subject to laws regarding copyright ownership, use of intellectual property and data privacy laws.
  • Not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

Affiliated Websites

We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose internet sites may be linked with our Website. Because neither we nor our Website has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Third Party Content and Advertising

The Website may integrate third party content (“Third Party Content”) in order to provide you with the utmost information regarding the contents presented to you this Website. Such Third Party Content may include feeds, links, information, websites, web pages, services, claims, promotions, offers, statements, data files, images, graphics, software, videos, music, photographs, sounds, or other content displayed, promoted, or otherwise made available through third parties. In consideration for Us granting you access to and use of the Website, you agree that the Website may display this Third-Party Content to you.
When you click on or access the Website, or otherwise engage with Third Party Content, you are interacting with the third party providing such content, not with Us. Your decision to use, access, interact with, or purchase any Third Party Content is made at your own risk, and any information provided by you or collected from you as a result of such use, shall be governed by the privacy policies, terms of use or other agreements applicable to such Third Party Content. All questions, complaints or other inquiries related to any Third Party Content must be directed to the third party provider of such content.
WE ENCOURAGE YOU NOT TO PROVIDE ANY PERSONAL INFORMATION OR ACCESS ANY THIRD PARTY CONTENT UNLESS YOU KNOW AND ARE COMFORTABLE WITH ITS PROVIDER.
We do not control any Third Party Content, and you agree that We are not responsible for the availability, accuracy, or substance of any Third Party Content. You understand that by using the Website you may be exposed to Third Party Content that you may find objectionable, inaccurate, offensive, or indecent and that, in this respect, you use the Website at your own risk.

Prohibited Uses

We impose certain restrictions on your permissible use of our Website and any use of the services provided through the website (“Services”). You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human- perceivable form any of the source code used by us in providing our Website. Any violation of system or network security may subject you to civil and/or criminal liability; or (e) Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services and Website. Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”). Attempt to compile, utilize, or distribute a list of IP addresses operated by Us in conjunction with the Service.

Alleged Violations

We reserve the right to terminate your use of our Website if we have a reason to suspect that you infringe any terms of this Agreement.

No Warranties. We Disclaim All Warranties

WE ARE MAKING OUR WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limited Liability

OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. EXCEPT FOR ANY REIMBURSABLE ARBITRATION FEES DESCRIBED ABOVE, THE TOTAL LIABILITY OF THE US AND OUR PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS FOR ANY CLAIM OR ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD).

Indemnity

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of our Website and Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Miscellaneous

  • No License. Nothing contained on our Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party
  • Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  • We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in your location. Your use of the Services or access to our Website should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any country other than Israel.
  • Governing Law and Jurisdiction. These Terms of Use shall be governed and interpreted pursuant to the laws of the State of Israel without giving effect to its choice of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Privacy Policy shall be to the competent courts in Tel Aviv, Israel, to the exclusion of any other jurisdiction
  • Modifications. We may, in our sole discretion and without prior notice, (i) revise these Terms of Use; (ii) modify our Website; and (iii) discontinue our Website at any time. We shall post any revision to these Terms of Use to our Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on our Website periodically to be aware of any revisions. You agree that, by continuing to use or access our Website following notice of any revision, you shall abide by any such revision.

Acknowledgement

BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: Support@nowdialogue.com