These Terms of Use (the “Terms”) is the legal agreement between you (the “User” or “you”) and Mobarray Ltd. (“Mobarray”, “us” or “our” or “we” or “Company”) for your use of our website available at is.com, and any of its subdomains (the “Site”).
BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU AGREE TO BE BOUND BY THESE TERMS INCLUDING THE TERMS OF OUR PRIVACY POLICY, AS AVAILABLE ON THE SITE
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER WHATSOEVER.
The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law.
THE SITE. The Site provides you with information regarding Mobarray, including without limitation Mobarray products and services, and any other content available therein such as data, materials, contact details, designs and graphic user interface (collectively, the “Content”). In addition, the Site provides you the ability to contact us via the contact form (the “Contact Form”).
TO THE EXTENT LEGALLY PERMISSIBLE ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO Mobarray. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. Mobarray WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE, AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
CONTACT FORM. In order to contact us using the Site, you will need to fill out and complete the Contact Form available therein. The Contact Form requires the User’s full name and e-mail address, phone number and company name.
RESTRICTIONS ON USE. There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at Mobarray’s sole discretion) in the termination of your access to the Site and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Mobarray, you may not (and you may not permit anyone to):
(a) Use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes.
(b) Use the Site and/or Content for non-personal or commercial purposes.
(c) Remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Mobarray or its licensors, including but not limited to any proprietary notices contained in such materials.
(d) Interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application.
(e) Interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks.
(f) Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site
(g) Take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site.
(i) Copy, alter, make available, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Mobarray on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content.
(j) Copy, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Mobarray’s proprietary rights, including Mobarray’s Intellectual Property in any way or by any means.
(k) Make any use of the Content on any other site or networked computer environment for any purpose without Mobarray’s prior written consent.
(l) Create a browser or border environment around Mobarray Content (no frames or inline linking is allowed).
(m) Sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content.
(n) Frame or mirror any part of the Site without Mobarray’s prior express written authorization.
(o) Create a database by systematically downloading and storing all or any of the Content from the Site.
(p) Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
(q) Use the Site for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.
TITLE AND OWNERSHIP. You acknowledge and agree that the Site, including any revisions, modifications, enhancements and/or upgrades thereto, accompanying materials, and any copies you are permitted to make under these Terms are owned by the Company or its licensors, and are protected under copyright laws and treaties.
To the extent you provide any feedbacks to Mobarray, Mobarray shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Mobarray current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require Mobarray to comply with any additional obligations with respect to any Mobarray current or future products, technologies or services that incorporate any Feedback.
TRADEMARKS “Mobarray” and logos and all other proprietary identifiers used by the Company (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
COMMUNICATIONS You agree and acknowledge that we may send you from time to time, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages), information about our products and services, newsletters, offers for open vacancies, promotional messages and materials from Mobarray or its partners
CHANGES TO THE SITE AND/OR TERMS. We may, at our sole discretion, change, modify, add to or delete any of the terms and conditions of these Terms, and/or the Content and/or the Site at any time, without prior written notice to you. In the event of any material changes to the Terms, we will make reasonable efforts to post a clear notice on the Site and/or will attempt to send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Your continued use of the Site, following any change to these Terms, constitutes your complete and irrevocable acceptance of any such change.
MINORS. To use the Site you must be over the age of eighteen (18). In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Site, we will prohibit and block you from accessing the Site and will make all efforts to promptly delete any information with respect thereto.
WARRANTY DISCLAIMER. THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE AND ERROR-FREE.
EXCLUSION OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THE SITE IS TO IMMEDIATELY CEASE USE OF THE SITE.
THE COMPANY’S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE SHALL NOT EXCEED ONE U.S DOLLARS (UScontent.00).
INDEMNITY. You shall indemnify, defend, and hold us and our directors, officers, and employees from and against all claims, suites, costs, damages, losses, liability, and expenses, including reasonable attorneys’ fees and other legal expenses, arising from or incurred as a result of your use of the Site, or your violation of these Terms.
LINKS TO THIRD PARTY SITES. Certain links provided herein permit our Users to leave the Site and enter third party sites or services. These linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Mobarray and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service.
TERMINATION.
At any time, we may discontinue your use of the Site, at our sole discretion, with or without any reason or prior notice, in addition to any other remedies that may be available to Mobarray under any applicable law.
MISCELLANEOUS. 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. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
LAW AND JURISDICTION. These Terms will be governed by, construed and enforced in accordance with the laws of Israel, without regard to its conflicts of law principles or provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is specifically excluded of these Terms. Any disputes arising out of or in connection with these Terms shall be finally exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”).
CONTACT US. If you have any questions, complaints and/or claims, you can mail us.
