These terms and conditions (“Terms”) are a legally binding agreement between FireArc, Ltd. (“Company”, “we”, “us”, or “our”), and you, a user of this website (“you” or “user” and “website”, respectively). When you access and use our website, these Terms will govern and apply. It is important and recommended that you take the time to read these Terms.
By accessing or using the website you acknowledge that you have read and understood these Terms. You agree to be bound and to fully comply with the Terms, you further agree to comply with all applicable laws and regulations regarding your use of the website and you acknowledge that these Terms constitute a binding and enforceable legal electronic contract between you and us.
We provide you with a comprehensive information and resources about the Company’s business operation and any other content related thereto, including, inter alia, contact information, images, text, logos, button icons, links, download files, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). In addition, the website provides you with communications means which you can use to contact us, e.g. if you have any question, if you wish to be our partner and be provided with the applicable information in this regard.
Furthermore, the Content may include links to third parties’ websites and resources not operated or owned by us. By entering such third parties’ websites, you will be subject to their terms of services and privacy policies, thus we recommend you to carefully review the applicable terms and policies, verify their practices and restrictions. We have no control over third parties’ websites, and we are not obligated to monitor them.
WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT AVAILABLE ON THIS WEBSITE, WHICH ARE AT YOUR SOLE RESPONSIBILITY AND RISK.
REPRESENTATION, WARRANTIES & RESTRICTION OF USE
You hereby represent and warrant the following: (i) you will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, and the terms and conditions of all applicable third party; (ii) you shall not, nor agree, authorize or encourage any third party to: (1) use the website in non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the website or prevent others from using the website; (3) modify, create a derivative work of, reverse engineer, disassemble the website; (4) remove, deface, obscure, or alter the website or any Content therein including any copyright notices, trademarks, or other proprietary rights provided as part of the website; (5) use the website for benchmarking purposes; (6) use the website to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation; (7) assert any proprietary rights in or to the Content nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on the website and Content; (8) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit the Content; (9) use, access or attempt to access the website with any automated means (including robots, scrapers, etc.); (10) use Company’s name, logo or trademarks without Company’s prior written consent; (11) otherwise use the website or the Content in any unlawful manner, in a breach of third parties’ rights or our rights, including intellectual property rights and privacy rights, or in breach of these Terms;
The website and Content are owned by the Company, including, but not limited to, any trade names, trademarks etc. Except as explicitly provided herein, no license, right, title or interest to the website and/or Content shall be licensed to you, and we and/or our partners reserve any and all rights, title and ownership of the website and Content. You shall not use Company’s copyrights, trademarks, trade names, or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms.
DISCLAIMER OF WARRANTIES
Except as provided herein, the website is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content. You agree that Company will not be held responsible for any decision made or action taken or not taken in reliance on the Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions. We make no representation or warranties that the website and Content are or will be available for use in any particular location or at specific time. Except as expressly stated herein, the Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the website. Your use of the website is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
LIMITATION OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY’S GROUP AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND THE WEBSITE, SHALL EXCEED $10 (TEN US DOLLARS).
You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of the website does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the website; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms.
You can terminate these Terms and the use of the website at any time. We may terminate these Terms and to stop you from using all or any part of the website at any time, with or without cause and with or without notice, effective immediately. We may change, modify, suspend, or discontinue any aspect of the website and Content at any time without notice to you and without any liability to you whatsoever in connection therewith.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel. You hereby agree to resolve any dispute you have exclusively with the competent court in Tel Aviv, Israel. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
These Terms, constitute the entire understanding between the parties with respect to the use of the website. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. Your relationship with the Company is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Updated” above. Your continued use of the website following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them. In the event of a material changes, we will make best efforts to provide written notification by applicable means of communication.
If you have any questions, please contact us at:
FireArc, Ltd. 6 Hanechoshet Street, Tel Aviv Israel 697100
You can also contact us via email at: [email protected]