Legal notice
Terms of Service
GENERAL TERMS AND CONDITIONS
This is an agreement between Surveylyzer , its operators and owners (the Service Provider ) and you (the user ).
The Service Provider makes available a variety of products and services (collectively, the Products and Services ) are subject to these General Terms and Conditions ( Terms and Conditions ). In addition, there may be a variety of special products and services offered by the Service Provider that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or a similar legal agreement. When the user is using any service or product on the Service Provider site that does not have a separate legal agreement, the Terms and Conditions set forth here apply.
ACCEPTANCE
By using the Products and Services, the user agrees, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to the Service Provider 's web sites, Products or Services. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. The user acknowledges and agrees that the Service Provider may terminate user access to any of the Products and Services should the user fail to comply with the Terms and Conditions or any other guidelines and rules published by the Service Provider . Any such termination shall be in the Service Provider 's sole discretion and may occur without prior notice, or any notice. The Service Provider further reserves the right to terminate any user's access to the Service Provider 's web site or to any of the Products and Services for any conduct that the Service Provider , in its sole discretion, believes is or may be directly or indirectly harmful to other users, to the Service Provider or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. The Service Provider further reserves the right to terminate any user's access to the Service Provider web site or to any of the Products and Services for any reason or for no reason at all, in the Service Provider 's sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to the Service Provider official web site. The Service Provider does not guaranty 100% availability and the Products and Services might be unavailable from time to time with no prior notification. The user waives any claim of occasional unavailability of the Products and Services.
The user announces that he is mature and legally permitted by the rules in his origin to practice e-commerce. The Service Provider may restrict access to the Products and Services should it learn that the user is not allowed.
REGISTRATION AND PRIVACY
Certain Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, the user represents and warrants that: (a) the information about the user is true, accurate, current, and complete (apart from optional items) as required by various of the compamy's registration forms ( Registration Data ) and (b) the user will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the user provides any information that is untrue, inaccurate, not current or incomplete, or the Service Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Service Provider has the right to suspend or terminate a user account and refuse any and all current or future use of the Products and Services.
All registrations become the exclusive property of the Service Provider , its affiliates and subsidiaries. The Service Provider reserves the right to use and reuse all registration and other personally identifiable user information subject to the Service Provider Privacy Policy. The Service Provider may collect information regarding its users for variety of purposes including billing, support and technical operation of its Products and Services.
The user announces that he or she is aware that the Products and Services are "Internet-online" by nature and might be abused for controlling or eavesdropping by other (such, hackers), and the user waives any claim regarding the violation of his privacy by others.
MEMBER AND USER CONDUCT
Upon registering, the user will receive a password and user-ID. The user is responsible for maintaining the confidentiality of the password and ID, and is fully responsible for all activities that occur under the user's password or ID. The user agrees to (a) immediately notify the Service Provider of any unauthorized use of the user's password or account or any other breach of security, and (b) ensure that the user exits from the account at the end of each session. The Service Provider cannot and will not be liable for any loss or damage arising from the user's failure to comply with this requirement.
The Products and Services may be used solely for personal, noncommercial use. Use of any products on multiple devices (e.g. home and work computer) at the same time with a single user-ID and password is strictly prohibited.
The Service Provider allow users and members to upload and download contents using its Products and Services, including, but not limited to data, text, software, music, sound, photographs, graphics, video, messages - (collectively, the Content ). The user understands and agrees that all Content whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that the user, and not the Service Provider , is entirely responsible for all Content that the user uploads, posts, emails, transmits or otherwise makes available via the Products and Services. The Service Provider does not control the Content posted via the Products and Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The user understands and agrees that by using the Products and Services, he or she may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Service Provider be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Products and Services.
The user agrees not to use the Products and Services to
- post or otherwise make available Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, the Service Provider officials, forum leader, guide or host, or falsely state or otherwise misrepresent affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Products and Services;
- post or otherwise make available any Content that the user does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are explicitly designated for such purposes;
- post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
- intentionally or unintentionally violate any applicable local, state, national or international law
The user understands and agrees that the Service Provider may or may not pre-screen Content, but that the Service Provider and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Products and Services. Without limiting the foregoing, the Service Provider and its designees shall have the right to remove any Content that violates the term of services or is otherwise objectionable. The user agrees that he or she must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the user acknowledges that he or she may not rely on any Content created by the Service Provider or submitted to the Service Provider .
Any information and content including the financial information and financial content is provided for informational purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or endorsement, recommendations, or sponsorship of any company or security or currency by the Service Provider . The user acknowledges and agrees that any request for information is unsolicited and shall neither constitute nor be construed as investment advice by the Service Provider to the user. It is strongly recommended that the user seek outside advice from a qualified securities professional prior to making any securities investments. The Service Provider does not provide or guarantee any legal, tax, or accounting advice or advice regarding the suitability, profitability, or potential value of any particular investment, security, or informational source. The user acknowledges and agrees that any reliance upon the information and content, including financial-information or financial-content, available through the Service Provider or through links accessible through the Service Provider , is at the user's own sole risk. The Service Provider is not responsible for any financial information or financial content. The Service Provider guaranties neither accuracy nor availability of information or content.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. Through the usage of the Service Provider 's Products and Services, a copy of information and content may be downloaded to the user's computer. The information and content is only for personal use according to the intended purpose of the Products and Services. The user retains on such materials all copyright and other notices contained in such information and content. The user shall not store electronically any significant portion of any information and content. Except as expressly permitted by the copyright laws, no copying storage, redistribution, display, or publication of any information and content is permitted without the express permission of the Service Provider .
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Service Provider DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Service Provider DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. THE Service Provider SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. IN NO EVENT SHALL THE Service Provider BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE PRODUCTS AND SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE Service Provider DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES.
UNDER NO CIRCUMSTANCES SHALL THE Service Provider BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
LIMITATION OF ACTIONS
The user acknowledges and agrees that, regardless of any statute or law to the contrary, any claim or cause of action the user may have arising out of, or relating to, the use of the the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of Israel applicable to contracts entered into and wholly to be performed within Tel-Aviv, Israel. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of Israeli arbitration law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tel-Aviv. The city of Tel-Aviv shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the courts in Tel-Aviv with respect to all such disputes.
In the case of conflicts in translation with any other language, the English version of the Terms and Conditions will prevail. In the case of conflicts in translation with any other language, the English version of the description of the Products and Services will prevail.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
The Service Provider reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The Service Provider reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so the user will be apprised of any changes.
MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between the Service Provider representations and the user with respect to the subject matter hereof; except that any other terms and conditions located on any individual web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
NON-WAIVER AND SEPARABILITY
The Service Provider 's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, if a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
RELATIONSHIP OF PARTIES
The user acknowledges and agrees that the user and the Service Provider are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
NO RESALE, ASSIGNMENT, OR SUBLICENSING
The user agrees not to resell, assign, sublicense, otherwise transfer, or delegate the user's rights or obligations under these Terms and Conditions without prior express written authorization of the Service Provider .
TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as the user uses the Products and Services, unless specifically terminated earlier by the Service Provider . All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
COMMUNICATIONS WITH USERS
The user consents to receive communications from the Service Provider concerning the use of the Products and Services ( Communications ). The Communications may be those that the Service Provider is required to send to the user by law concerning the Products and Services ( Required Communications ). The Communications may also be those that the Service Provider sends to the user for other reasons. The user consents to receive Communications electronically. The Service Provider may provide these Communications to the user by sending an email to the email address the user provided in connection with the user's account. The user also consents to receive Communications by telephone or by postal mail sent to the postal address the user provided in connection with the account.
In order to receive Required Communications, the user must provide the Service Provider , upon registration a valid email address to which the Service Provider may send electronic mail. The user agrees to read any mail sent to the provided mailbox occasionally, at least once a week. Any message sent to the provided email will be considered as actually read after no later than a week since it was sent. The user agrees to assure that the provided mailbox will not not reject any mail from the Service Provider (including, but not limited to, junk-mail protection, overfilled-mailbox, or any other reason).
VIOLATIONS OF TERMS AND CONDITIONS
Should the user violate these Terms and Conditions or any other rights of the Service Provider , The Service Provider reserves the right to pursue any and all legal and equitable remedies against the user, including, without limitation, terminating any and all user accounts on any and all of the Service Provider 's web sites, Products and Services.
© Surveylyzer 2006-2008
