[Last Modified: December 26, 2018]
Wiseclicks Technologies Ltd.(“Company”, “we“, “us” or “our“) welcomes you (“user(s)”, or “you”) to our website available at: http://wizeclick.com/ (“Site”). Each of the Site’s usersmay use the Site in accordance with the terms and conditions hereunder.
|Acceptance of the Terms
Our Site, Services and Use Restrictions
Our Site provides you with general information regarding our Company’s operation, relevant content (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, and related graphics and other features) (collectively, the “Content”), and communication means, in the event you wish to contact us (“Services”).
You may not, whether by yourself or anyone on your behalf: (a) modify, download, copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the Site or Content nor make any commercial use, sell, rent, lend, process, compile, reverse engineer, or combine the Site or Services with other software; (b) access or use the Services through an application or means not authorized by the Company; (c) interfere with or disrupt the operation of this Site, or the servers or networks that host this Site or make this Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (e) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services or the Site’s visitors; and (f) circumvent any technological measures employed by or on behalf of the Company to protect the Services.
Intellectual Property Rights
We own or licensed with all proprietary and intellectual property rights in the Site, including the Content, trademarks, trade names, logos, copyrightable materials, the “look and feel” of the Site, specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“). We retain all rights, title, and interest in and to all our Intellectual Property.
Availability and Changes of the Site
The Site’s availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free. The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Site’ operation and loss of any data.
Disclaimers; Limitations of Liability.
THE SITE AND SERVICES (INCLUDING ANY SOFTWARE AND CONTENT AVAILABLE THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ANY USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. THE COMPANY MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF THE SERVICES BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
NOTWITHSTANDING THE ABOVE, IN ANY EVENT, THE COMPANY’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THESE TERMS WILL NOT EXCEED THE COST OF THE SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
You agree to defend, hold harmless, and indemnify the Company from and against all third party claims and all liabilities, assessments, losses, costs, and expenses (including reasonable attorney’s fee) or damages resulting from or arising out of (a) your alleged or actual breach of these Terms; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy related to your use if the Site.
If you have any dispute with us please first try to contact us and resolve any issues there may be in an informal procedure. In the event the dispute cannot be resolvedin such informal and friendly manner, you and the Company hereby agree to resolve any claim by binding and exclusively arbitration by the “AAA” (i.e., the American Arbitration Association). You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. All claims must be brought in the parties’ INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims. This provision will survive the termination of these Terms. If you wish to opt-out of this arbitration provision, you must provide us with a clear written statement of your wish to opt-out (“Opt-Out Statement”). The Opt-Out Statement shall include your full name and residence address. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. You hereby agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan. 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.
Revision of the Terms
We may modify these Terms from time to time,at our sole discretion and without any notice. We will notify regarding what we believe are material changes of these Terms on the homepage of the Site. Such material changes will take effect seven (7) days after such notice. Otherwise, all other changes to these Terms are effective as of the stated “Last Modified” date and your continued use of the Site after the Last Modified date will constitute acceptance of, and agreement to be bound by, those changes.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without the Company’s prior express written consent. 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. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and the Company relating to the subject matter herein. You agree that a printed version of these Terms and of any notice given in electronic form shall 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.
If you have any questions (or comments) concerning the Terms, or with to report violations of these Terms contact us at:
Wiseclicks Technologies Ltd.
2-12 Lord Street,
You can also contact us via email at: email@example.com