TERMS OF USE

Welcome to Startuplawyer.co.il (the “Site” or “Website”). The Website is a copyrighted work belonging to Assaf Ben-David. (“us”, “our”, and “we”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use (“Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms. you may not access or use the Site or accept the Terms if you are not at least 18 years old.  If you do not agree with all of the provisions of these Terms, Please do not access and/or use the Site. ANY PERSONAL INFORMATION SUBMITTED BY CHILDREN UNDER THE AGE OF 13 WILL NOT KNOWINGLY BE STORED BY US.

1. Access to the Site
a. License. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

b.Open Source. Some components of the Site, or of the services and products provided by the Site, include components that are subject to an open source license. These components may include images, fonts, videos, functional code etc. The licenses are usually included in the files of the service or product provided to you. These components are licensed separately to the license provided in section ‎1a here above, and have their own conditions. By using the Site’s services, you agree to comply with the relevant open sources licenses that may apply.

c. Certain Restrictions.The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained and published on all copies made and/or displayed.

d. Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

e. No Support or Maintenance. Although we will try our best, there is always a possibility that some information you provide to us could get lost due to data corruption, hardware failure, network issues, problems with hosting and actions by third parties or other technical reasons. Similarly, it is possible that some of the services could become unavailable or slow at times. You agree not to hold us liable or responsible for any interruption of service or loss of data, and you acknowledge that we made you no guarantees about service availability or data durability.

f. Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by us. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly mentioned in these Terms. We reserve all rights not granted in these Terms.

2.User Content

a. “User Content” means all information and content that a user submits to, or uses with, the Site (for example, comments to articles, information sent through the contact form, guest posts, etc.). For the removal of doubt, User Content DOES NOT include confidential client-attorney information that you provide. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (here below), our Privacy Policy and/or the rest of these Terms. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates these Terms or other people’s copyrights. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Our collection of the User Content is subject to our Privacy Policy.

b. License to Company. You hereby grant (and you represent and warrant that you have the right to grant) to us, an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to publicly display, edit/modify, incorporate into other works, and otherwise use (including commercially) your User Content, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and/or assertions of moral rights or attribution with respect to your User Content.

c. Acceptable Use Policy. You agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Site to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without the User’s consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

d. Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, blocking your access to the Site, and/or reporting you to law enforcement authorities.

3. Indemnification.

You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

4. Third-Party Links & Ads; Other Users

a. Third-Party Links & Ads. The Site may contain links to third-party websites and/or services (collectively, “Third-Party Links”). We provide access to these Third-Party Links only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to these Third-Party Links. Your use of the Third-Party Links are at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

b. Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with services and service providers from third parties via the Third-Party Links).

5.Disclaimers

The information provided on the site is provided for general informational purposes only and should not be construed as legal advice and should not be relied upon as such. We will not accept any responsibility for any consequences whatsoever arising from your use of the information contained in this site.

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (INCLUDING ANY MANAGEMENT MEMBERS, BOARD MEMBERS, EMPLOYEES, SUPPLIERS AND ETC) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION/LIMITATION MAY NOT APPLY TO YOU.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (INCLUDING ANY MANAGEMENT MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, ETC) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE (INCLUDING ANY MANAGEMENT MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, ETC ) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50).THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7 Term and Termination.

These Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion. Upon termination of your rights under these Terms, your right to access and use the Site, or specific functions of its’ service, will terminate immediately. You understand that any termination of your use of the Site may involve deletion of your User Content from our databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including the deletion of your User Content. Even after your rights under these Terms are terminated, these Terms will remain in effect.

8 Copyright Policy.

We respect the intellectual property of others and ask that Users of the Site do the same. We have adopted a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that anything of the Site is infringing the copyright(s) of a third party, and wish to have the allegedly infringing material removed, please send us the following information by email to: info [at] startuplawyer.co.il

a. identification of the copyrighted work(s) that you claim to have been infringed;
b. identification of the material on our services that you claim is infringing and that you request us to remove and sufficient information to permit us to locate such material (for example, a link to the relevant page and or a screenshot);
c. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
d. a signed statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
e. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects you to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

9.General

a. Changes. These Terms are subject to occasional revision. Any changes to these Terms will be effective ten (10) calendar days following the change (for existing users) and immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

b. Governing Law and Jurisdiction. These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Services shall be brought exclusively in the court located in Herzliya, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within 6 months of the date such cause of action arose. Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause in these Terms, in any court adjudicating a third party claim against us.
These Terms shall be governed without regard to the United Nations Convention on the International Sales of Goods. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees.

c. Electronic Communications. The communications between you and us may be through electronic means, whether you use the Site or send us emails, or whether we post notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

d. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship with us is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

e. Copyright/Trademark Information. Copyright © 2019, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

f. Contact Information: info [at] startuplawyer.co.il

Last revised on: July, 2019