Terms of Service
Last modified on July 17, 2023
These Terms of Service (“Terms”) are a legally binding agreement between you and accessiBe Ltd. and its affiliates, as applicable (“Company”, “our”, “we”, or “us”). These Terms govern your access and use of the the Company’s “accessFind” services and ancillary services as described in these Terms (the “Services”).
By accessing or using a Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are agreeing to these Terms on behalf of a legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the term “you” will refer to such entity.
With respect to individuals, the Services are intended for use by individuals who are of the legal age required to form legally binding contracts under applicable law (but in no event are they intended for use by individuals under the age of 18). If you are an individual, by using a Service, you represent and warrant that you are of at least 18 years of age. If you are not at least 18 years of age, you must not access or use any Service. These Terms are void where prohibited by law and the right to access and use any Service is not granted in such jurisdictions.
If you do not agree to be bound by the provisions of these Terms or if you do not have the legal capacity or authority to accept them, you may not use or access any Service.
By agreeing to these Terms you consent to (a) our access, collection, use, and disclosure of your information as set forth in our Privacy Notice (“Privacy Notice”), and (b) where applicable, the processing by us of information pursuant to the provisions of the Data Protection Addendum (“DPA”). The provisions of the Privacy Notice and of the DPA are incorporated into these Terms by reference.
1.1. The purpose of the Services is to provide Users with a website that enables them to search from a database of websites that were determined as exceeding a certain minimum compliance threshold with the Web Content Accessibility Guidelines version 2.1 (“WCAG”) at the AA level success criteria when tested by accessScan and/or WAVE and/or other accessibility testing tool, as validated on a quarterly basis; and to enable Website Owners to have their websites displayed to Users when they use the Services to search for accessible websites.
1.2. Please note that during the period until a website is re-examined on a quarterly basis, it may be altered or amended, and may no longer meet the minimum threshold until it is examined again. The date on which the website was last checked appears on website details on the result page.
1.3. These Terms apply to all users of the Services, as follows (each of which shall be referred to as “User” or “you”), including if:
- You merely browse the accessFind website, perform searches on the Website and/or submit your personal data via the Website.
- You are also a “Website Owner” if you access and use the Services for the purpose of submitting your website (“Your Website”) to be displayed and available to Users via the Services;
- You are also a “Listing User” if you access and use the Services for the purpose of submitting a website (that is not Your Website) to be displayed and available to Users via the Services;
Provisions Applicable to Website Owners
2. Submitting Your Website
2.1. You may submit Your Website to be displayed and available to users of the Services. To submit Your Website, you will need to fill out our submission form (the “Form”) and provide us with certain information. This information will be used to contact you about Your Website and the Form. You will also be asked to provide us with your domain address, your status with respect to Your Website.
2.2. You agree: (a) to provide true, accurate, complete, and up-to-date information in the Form, and (b) not to misrepresent your identity or provide false identity. You agree to notify us, immediately if any information you have provided in your Form changes or is no longer accurate.
2.3. After we receive your Form, we will review it and will notify you if you are approved to go live or if there are any issues that you need to address. Approval of Your Website to be displayed as part of the Services is at our sole and absolute discretion. You acknowledge and agree that submitting your Form does not guarantee that Your Website will be available via the Services.
3. License In
Subject to the provisions of these Terms, if you are a Website Owner, you hereby grant the Company a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, royalty-free, license during the term hereof to access and use Your Website(s) solely as required to provide the Services.
4. Website Owners Obligations
4.1. If you are not the owner of Your Website(s) for which you are using the Services, by using the Services you represent and warrant to us that you have full authority to use such Services with respect to Your Website(s).
4.2. If you are a Website Owner, then in addition to your obligations set forth elsewhere in these Terms, you represent and warrant that: (a) you own, or have the legal right to operate Your Website, and you shall continue to own or maintain such rights during the term hereof; (b) Your Website is and shall continue to be in compliance with WCAG and ADA; (c) you will abide by all applicable laws, rules and regulations with respect to the operation of Your Website; (d) you will not engage in any behavior that may harms or threatens the health, safety, and/or the wellbeing of yourself and others; (e) Your Website shall not endorse, or promote content, which is pornographic, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, libelous, gambling-related, or discriminatory, offensive, misleading or deceptive; (f) Your Website shall not encourage any activity or use of content that violates any applicable laws, rule or regulation, including without limitation privacy laws and regulations; (g) Your Website shall not infringe on any third-party rights, including without limitation, intellectual property rights, other proprietary rights or rights of publicity or privacy; and (h) you are not using the Services commercially or in order to make a profit (other than by registering Your Website), and you will not engage in any activity in a manner that is inconsistent with your obligations under these Terms.
4.3. We encourage you to always maintain your compliance with WCAG and ADA while Your Website is available via the Services. It is strictly prohibited to interact with the Services or use the Services if the level of compliance of your website with WCAG and ADA decreases. If you have a question or concern regarding your compliance with WCAG and ADA, please contact us at [email protected].
4.4. You acknowledge and agree that while we may monitor Your Websites compliance with WCAG and ADA we are under no obligation to do so.
4.5. We reserve the right, at our sole discretion and without notice, to remove from the Services any site that: (a) users have repeatedly complaint about accessibility issues with it; (b) breaches these Terms; (c) violates applicable law, rules or regulations; or (d) could harm our users, third parties, or us.
4.6. If you are a Website Owner Customer, then unless you notify us otherwise in writing, we may, and you hereby grant to us a limited, non-exclusive, royalty-free and fully-paid up, non-transferable (except as set forth herein) right and license to, refer to you as a customer of the Company and use your logo as part of such reference (including on the Website), provided that we comply with any trademark usage requirements of which you may notify us in writing.
Provisions Applicable to Listing a Website
5. Submitting A Website
5.1. You may submit a website to be displayed and available to users of the Services. To submit a website, you will need to fill out our submission form (the “Form”) and provide us with certain information. This information will be used to contact you about Your Website and the Form. You will also be asked to provide us with your domain address, and your status with respect to the website. You represent and warrant that you have the authority to list the website.
5.2. You agree: (a) to provide true, accurate, complete, and up-to-date information in your Form, and (b) not to misrepresent your identity or provide false identity. You agree to notify us, immediately if any information you have provided in your Form changes or is no longer accurate.
5.3. After we receive the Form, we will review it and will notify you if you are approved to go live or if there are any issues that you need to address. Approval of the website you submitted to be displayed as part of the Services is at our sole and absolute discretion. You acknowledge and agree that submitting your Form does not guarantee that the website you submitted will be available via the Services.
6. Excluding Your Website
If you wish to exclude Your Website (whether you submitted it or otherwise) from the Service, or otherwise believe that we have infringed any rights you may have, please send us a notice accordingly to [email protected]. We will review your request, and may require an identification process, following which, we will remove Your Website from the Website as soon as reasonably possible.
7. Updates; Availability and Functionality
7.1. Company may, at any time and at its sole discretion, develop and provide updates to Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or modifications or discontinuation of existing features (collectively, “Updates”). You agree that Company has no obligation to provide Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the applicable Service and be subject to the provisions of these Terms.
7.2. The availability and functionality of the Services depend on multiple factors. We do not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free. We reserve the right at our sole discretion to modify, correct, amend, enhance, improve, remove, make any other changes to any Service (or any part or feature thereof) without notice, at any time, and at our sole discretion. Each Service and its operation and certain features available therein may also be dependent on the network you use, and the content formats supported.
7.3. We will maintain appropriate administrative, physical, and technical safeguards designed to protect the security of the Services in accordance with reasonable industry standards and practices.
8. Third-Party Services
8.1. A Service may display, include, use, or make available third-party content or services (including websites, data, information, links, applications, and other products and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Services”). When you click on any third-party links or content, you will leave the Website or the Services and will be transferred to the website you clicked on. We are not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, quality, content, compliance with any applicable laws, or any other aspect thereof, or for any loss or damage of any kind incurred as a result of the use of any Third-Party Services.
8.2. Certain Third-Party websites may, pursuant to their own terms and conditions, require Users to provide additional information when visiting them. The Company has no control or responsibility over any information that Users provide directly to such third-party websites or information requested by such websites directly from Users. You (and not the Company) are responsible for your decision whether to provide any information (including personal information) to such websites.
9. Permitted Use
You (or anyone else acting on your behalf) will not, while accessing or using any Service or through use of any Service: (a) impersonate another person or entity, defame, abuse, harass, threaten, or otherwise violate the legal rights of others, including privacy and intellectual property rights; (b) remove, disable, circumvent, or otherwise create or implement any workaround to any intellectual property rights, rights management, or security features in or protecting the Services or any part thereof; (c) make a Service available on a network where they may be accessed by any third party; (d) use a Service on or in connection with any website which is or promotes content that is obscene, excessively profane, racist, ethnically offensive, threatening, infringing, excessively violent, libelous, gambling-related, or discriminatory, offensive, misleading or deceptive, or any other content that is illegal under applicable law; (e) change, edit, add to, copy or extract any content from or produce summaries of a Service or Company Content (as such term is defined below) or any part thereof for any commercial purposes and other than as expressly provided herein; (f) attempt to interfere with or disrupt a Service, or attempt to gain access to any systems or networks that connect thereto; (g) use a Service in any unlawful manner, for any unlawful purpose, or in any manner contrary to or inconsistent with these Terms or applicable law; (h) use a Service in any way that may damage, disable, overburden or impair it or any other Service; (i) create or attempt to create a service that is similar to any Service; (j) use the Services for the delivery to a third party pre-litigation or “cease and desist”, or similar communications; (k) use a Service for any commercial purpose not permitted by these Terms; or (l) use a Service in order to compete with the Company or for any other form of competitive or benchmarking purposes. We reserve the right to investigate and take any appropriate action against anyone who, in our sole discretion, violates the foregoing including, terminating or suspending access to the Services without prior notice, and/or reporting such activities to the authorities.
10. Beta Services
We may offer certain Services as closed or open beta services (each, a “Beta Service”) for the purpose of testing and evaluation. We have the sole authority and discretion to determine the period of time for testing and evaluation of any Beta Service. We will be the sole judge of the success of such testing and the decision, if any, to offer any Beta Service as a commercial service. You are under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any Beta Service with or without notice to you. You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any Beta Service for any reason.
11. Intellectual Property; License
11.1. Company Content and Company IP
11.1.1. Each Service, the technology and software underlying such Service or distributed in connection therewith (“Software”) and any Company content, information, graphics files, media and audio files, materials, including designs and graphics (collectively, “Company Content”) including the Company databases, systems and applications, and all Updates and all copyrights and other intellectual property rights related thereto (collectively, “Company IP”) are the property of the Company, its affiliates and its licensors (as applicable), and the Company, its affiliates, and licensors (as applicable) retain all right, title, and interest in and to the Company IP.
11.1.2. Any use of the Company IP other than as specifically authorized herein is prohibited.
11.1.3. All use of the Company IP shall inure to the benefit of the Company, its affiliates, and licensors. All rights in the Company IP that are not expressly granted herein are reserved by Company, its affiliates, and licensors (as applicable).
11.1.4. Except as expressly authorized by Company in writing, you agree not to (a) use, modify, copy, frame, mirror, adapt, scrape, or create derivative works based on the Company IP, in whole or in part; (b) rent, lease, loan, sell, distribute, assign, lease, sublicense, or otherwise transfer any right in the Company IP; or (c) disassemble, decompile, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or otherwise transfer any right in the Company IP.
11.2. Company Marks
11.2.1. The Company name, logos and other distinguishing graphic features are trademarks and service marks of the Company (each, a “Company Mark”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company Mark, without our prior written permission in each instance.
11.2.2. You acknowledge that we are the owner of the Company Marks, including all goodwill associated therewith, and that your use of any Company Mark will confer no additional interest in or ownership of any Company Mark in you but inures to our benefit.
11.2.3. All other Company, product, and service names and logos used and displayed via a Service may be trademarks or service marks of their respective owners who may or may not endorse, be affiliated with, or connected to Company.
11.2.4. You agree that you will not in any way modify, alter or tamper with any proprietary marks, copyright notices, or other notices, or any Company Mark, that may be provided and/or displayed through the Services.
11.3.1. Subject to the provisions of these Terms, the Company hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, and non-assignable license (“License”), to access and use the Services and relevant Company Content (as applicable), in each case strictly in accordance with these Terms.
11.3.2. The applicable Services and the Company Content are licensed and not sold to you. You do not acquire any ownership interest in any Service, the Company IP, the Company Content or any Company Mark under these Terms, or any other rights thereto other than the right to use the foregoing in accordance with these Terms.
11.3.3. The License granted to you hereunder may be suspended or terminated immediately, without notice, if you breach the provisions of these Terms.
12. Your Content and Data
12.1. You are solely responsible for Your Website, and all content and information, including code, images, data, text, software, sound, photographs, graphics, messages, and other materials that you make available to the Company via the Services or otherwise (collectively “Your Content”). You represent and warrant that (a) you own the intellectual property rights in and to Your Content, including all intellectual property rights and rights of publicity contained therein or thereto, and (b) Your Content does not violate the provisions of any applicable law. You hereby grant Company with a worldwide, unrestrictive, non-exclusive, royalty-free, transferable and sublicensable right and license to use, copy, distribute, disseminate, prepare derivative works of, upload, perform, store, modify and display Your Content only in connection with the provision of the Services. You assume all risk associated with Your Content and its transmission and have sole responsibility for the accuracy, quality, legality, and appropriateness of Your Content.
12.2. Any questions, comments, suggestions, ideas, feedback, reviews, questions, ideas, or other information about the Services (collectively, “Feedback”), provided by you to Company are non-confidential, shall be the sole property of the Company, and the Company will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
12.3. You understand that when you access or use the Services or any part thereof, we may access, collect, and share certain Personal Information (as defined in the Privacy Notice) from, and/or about you as described in the Privacy Notice (“Your Data”). To better understand our practices with respect to Your Data please review the Privacy Notice, which is incorporated herein by reference. You further understand that to the extent we are deemed as processor of any personal information, the provisions of the DPA, which is also incorporated herein by reference, shall apply to such processing.
13. Your Responsibilities
13.1. You must procure and ensure that you comply with and adhere to the provisions set forth in these Terms and all applicable laws, regulations, rules, statutes or ordinances governing or otherwise relating to your use of the Services, including privacy and consumer protection laws.
13.2. You agree: (a) to immediately notify Company in writing of any actual, suspected, or potential security breach or improper use of the Services; and (b) not to engage in any activity or in a manner that is inconsistent with your obligations under these Terms.
13.3. You are solely responsible for any accessibility remediation and/or solution that you implement in any of Your Website.
14. Copyright Infringement
14.1. If you believe, in good faith, that content on the Services violates your copyright, please provide us with a notice with the following information, with the subject line “Copyright Notification” by email to [email protected]:
14.1.1. identify the copyrighted work you claim has been infringed.
14.1.2. identify the content that you claim is infringing the copyrighted work, including specific location on the Services where the infringing content is located.
14.1.3. provide your contact information, including your full name, mailing address, telephone number, and if available, email address.
14.1.4. provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
14.1.5. include the following statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”.
14.1.6. provide your full name and signature.
14.2. Upon receipt of your notice, we will take whatever action, at our sole discretion, which we deem appropriate, including removal of the challenged content from the Services. Please note that there may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
15. Disclaimer of Warranties
YOUR USE OF THE SERVICES AND THE COMPANY CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE COMPANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, LICENSORS, AND AGENTS, SUCCESSOR AND ASSIGNS (EACH, A “COMPANY PARTY”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NO COMPANY PARTY PROVIDES ANY WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES AND THE COMPANY CONTENT WILL MEET YOUR REQUIREMENTS, NEEDS OR PREFERENCES, OR ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO COMPANY PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICES AND/OR THE COMPANY CONTENT; (B) THESE TERMS; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (D) ANY OTHER MATTER RELATING TO THE SERVICES AND THE COMPANY CONTENT. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED FIFTY U.S. DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You agree to defend, indemnify, and hold harmless each Company Party from and against any Claims, arising out of or relating to (a) your use of the Services, (b) listing a website (including, without limitation, Your Website), and (c) your obligations hereunder or your violation of these Terms, applicable law, rule or regulations or of any rights of another. The Company will provide notice to you of any such Claim. The Company reserves the right to assume the exclusive defense and control of any Claim, and you agree to cooperate with any reasonable requests assisting Company’s defense thereof. You may not settle or compromise any Claim without Company’s prior written consent.
18. Electronic Communications
18.1. We may provide you with communications about the Services in an electronic form via the email address you have submitted. These Terms, any notices, disclosures, and other communications provided electronically satisfy any legal requirement that these communications would satisfy if they were on paper. This section does not affect your non-waivable rights. Please note that you will not be able to opt-out of receiving such service messages.
18.2. Any call meetings or conference calls (including video calls) we may conduct with you in relation with the provision of the Services, may be recorded (including through third-party vendor platforms) for training, quality assurances and archival purposes. By setting up a demo call, support call, or other any other call with us you agree to have the call recorded and kept in the company records.
19. Term; Termination
19.1. These Terms shall be in force and effect unless terminated in accordance herewith.
19.2. We may terminate these Terms and the License, at any time.
19.3. Notwithstanding the foregoing, we may, at any time and without prior notice, suspend your access to the Services or any part thereof, if we believe, at our sole discretion, that you or any third party: (a) are using the Services in a manner that may impose a security risk, may cause harm to us or any third party, and/or may give rise to any liability for us or any third party; or (b) breach the provisions of these Terms or applicable law. The foregoing suspension rights are in addition to any other remedies that may be available to us in accordance with these Terms and/or applicable law.
19.4. Upon the termination of these Terms all rights and licenses granted herein shall terminate immediately and you shall cease all use of the Services.
19.5. The termination of these Terms, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall you be relieved of your obligation to pay any fees that are due to Company under these Terms unless otherwise stated herein. Neither party shall be liable to the other for any damages resulting solely from termination of these Terms as permitted herein.
We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms at any time. All non-material changes are effective immediately upon posting them on the Website and apply to all access to and use of the Services thereafter. Access or use of the Services after the date any such changes become effective to constitute your acceptance of the update or change and consent to the updated Terms. If you do the right to terminate these Terms by notifying us in writing. The most current version of these Terms will appear on the Website under the “Terms of Service”.
21.1. These Terms, the Privacy Notice and the DPA constitute the entire agreement between you and the Company governing your access and use of the Services and supersede any prior agreements between you and Company with respect to the Services.
21.2. You may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content, or third-party software. Please review any such terms and conditions. We take no responsibility for any such Third-Party Services, third-party content, or third-party software or any terms and conditions related thereto.
21.3. If the Customer or Partner is a resident (in the case of an individual) or is incorporated (in the case of a corporation) in the United States or Canada then: (a) these Terms will be a legal binding agreement between accessiBe Inc. and the Customer, (b) governed by the laws of the State of New York, the United States without regard to its conflict of law provisions, and (c) any action or proceeding arising from or relating to these Terms may only be brought in the courts located in New York, New York and each party irrevocably submits to such exclusive jurisdiction and venue. If the Customer or Partner is a resident (in the case of an individual) or is incorporated (in the case of a corporation) outside of the United States and Canada, then: (i) a legal binding agreement between accessiBe Ltd. and the Customer, (ii) governed by the laws of the State of Israel without regard to its conflict of law provisions and (iii) any action or proceeding arising from or relating to these Terms may only be brought in the courts located in Tel Aviv, Israel (accordingly) and each party irrevocably submits to such exclusive jurisdiction and venue.
21.4. If any provision of these Terms is found by a court of competent jurisdiction 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 the other provisions of these Terms remain in full force and effect.
21.5. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21.6. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21.7. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction.
21.8. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”
21.9. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
21.10. Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Company’s reasonable control.
21.11. The Services are made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Services (including the Software) by the U.S. government constitutes acknowledgment of our proprietary rights in the Services (including the Software).
If you have any questions or concerns about these Terms or the Services, please contact us via email at [email protected]