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EqualWeb’s Terms of Service
EqualWeb Ltd. and its affiliates ("EqualWeb", "we", "our" or "us") welcome you (the "User(s)", or "you") to our primary website at EqualWeb and its sub-domains (the "Site") which offer, inter alia, basic information regarding our company and our Services (as defined and further detailed below) and through which you can access to, subscribe and log-in to our Services. Users shall use the Site and the Services in accordance with these Terms (as defined below).
Applicability
PLEASE NOTE: These Terms apply to all Users of the Site and the Services, regardless of whether the Services are provided for free or for a fee, and regardless of whether the Services are accessed directly through our Site or provided to the User through our affiliates and/or authorized third parties on our behalf (including, but not limited to, via their websites and/or widgets). Some of our features, products and/or services may be exclusively available to parties who have entered into separate commercial agreements with us (the "Commercial Agreement"). To the extent that you wish to order those features, products and/or services, you (or your organization) will be required to execute such Commercial Agreement. For such purpose, please contact us via the "Contact Us" form available on the Site.
Acceptance of the Terms
By entering, connecting to, accessing or using the Site and/or Services you acknowledge that you have read and understood the following terms of service, ("EqualWeb’s Terms of Service"), including the terms of our Privacy Policy (which available via the following link (the "Privacy Policy", and collectively with EqualWeb’s Terms of Service, hereinafter shall be referred to as the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and/or Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between EqualWeb and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT, ACCESS , CONSUME, AND/OR USE THE SITE AND/OR THE SERVICES (AS THE CASE MAY BE) IN ANY MANNER.
The Site and/or Services are available only to individuals who are possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and/or your organization’s behalf and to form a binding agreement under any applicable law, to use the Site and/or Services (as the case may be) in accordance with these Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the Site and/or Services shall obligate your organization.
The Site and the Services
Our primary goal is to promote equal opportunities for people with disabilities through our accessibility products, solutions, and tools widgets as available from time to time via the Site, and via our affiliate websites or our authorized third parties websites (collectively referred to as the "Services").
To access certain Services, you may need to complete a registration procedure beforehand. As such, where applicable, you may be required to register to the Service, open an Account (as defined below) and obtain (or purchase, where applicable) a periodically (monthly, annually or otherwise) subscription program ("Subscription Program").
Following the registration and subscribing to the applicable Subscription Program, you will receive an JS code widget (the "Widget") or you can download it from the Site, to be embedded in your web-site, in order for us to perform accessibility adjustments, through which the User’s website end-users (the "Website End-Users") can utilize our accessibility features. Subject to the Terms, as part of the Services, you may access the Widget via our websites or our authorized third parties websites. We may provide Users with automatic improvements and updates directly through the Widget. As part of the Services, you will be able to view applicable analytics and statistics for the End-User’s interactions with the Widget, WCAG monitor reports, PDF documents that the User has uploaded to their Account for the Auto Tag PDF remediation (the "Reports”).
The Site and/or Services may provide you with comprehensive information regarding, inter-alia, EqualWeb’s Services, concept, company overview, partners, resources library, news regarding our company, job opportunities and so forth, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and/or Services (collectively, the "Content"). In addition, the Site provides Users who sign up for our newsletter certain services, for example, provide Users with updates via e-mail regarding the Company`s developments, new services, etc. (the "Newsletter Subscription").
ALL RIGHTS IN AND TO THE SITE AND THE SERVICES AND THE CONTENT AVAILABLE ON THE SITE AND/OR SERVICES ARE RESERVED TO EQUALWEB OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE, THE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. EQUALWEB WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICES AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SERVICES AND/OR THE SITE AND/OR THE WIDGET AND/OR THE REPORTS AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
Registration and User Account
You have to register and open a User account in order to use several Services (the "Account"). The registration is or may be subject to the purchase of an applicable Subscription Program. Registration is done by completing the registration form available on the Site. You must safeguard and not disclose your username and password of your Account and supervise the use of such Account. You must provide accurate and complete information for creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. If you wish to either change your username or password to log-in to the Account or if you wish to terminate your Account, you can contact us at: support@equalweb.com. Your Account on the Site will be terminated within a reasonable timeframe following your request, and from that date of termination you will no longer be able to access your Account. You are solely and fully responsible for maintaining the confidentiality of your password and Account and for all activities that occur under your Account. If we believe, in good faith, that you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of EqualWeb. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events, you must change your password immediately via the settings in the Site. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
We can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of EqualWeb, its Users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
Website End-Users’ Feedback
We may be provided with your Website End-Users’ feedbacks, comments or suggestions (“Feedback”) directly or indirectly, by using the “Send Feedback” function available via the Widget. As we have no direct relationship with your Website End-Users, you must post terms of use and privacy policy on your website which must disclose (a) the usage of third-party technology in your website; and (b) the data collection and usage resulting from our Services, as detailed in our Privacy Policy (whether by integrating a link to these Terms in your website’s privacy policy or by ensuring that your website’s privacy policy substantially includes the applicable terms specified in our Privacy Policy). For avoidance of doubt, this clause shall not be deemed to require an explicit identification of EqualWeb as providing third-party services to you, unless otherwise required by law, rule or regulation. In addition, you hereby agree to handle all of your Website End-Users’ requests with respect to the deletion and modifications of their information and similar requests.
Payments and Refund
Payments of Subscription Programs are processed via certain online payment service providers ("Online Payment Processors"). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with EqualWeb. EqualWeb is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.
EqualWeb reserves the right at any time to charge and/or increase fees for the use of the Services or portions thereof, regarding which you shall be notified in advance. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred. You shall pay all applicable taxes relating to the use of the Services and to the purchase of any other services.
Subject to the applicable law, Users may unsubscribe from the applicable Subscription Program, with or without cause, During the period of fourteen (14) business days, beginning on the day Users have purchased the Subscription Program (the "Cancellation Period"), by themselves, on their EqualWeb account, under settings and deactivate the service. For avoidance of any doubt, cancelation with any cause of Monthly or annual Subscriptions shall not entitle the User to any refunds and/or reimbursement of any type with respect to fees paid by such Users.
WE SHALL PROVIDE NO REFUNDS FOR TERMINATION AND/OR CANCELLATION NOTICES RECEIVED AFTER THE CANCELLATION PERIOD. CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF THE FEATURES OR CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Use Restrictions
There are certain conducts which are strictly prohibited when using the Site and/or Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at EqualWeb’s sole discretion) in the termination of your use of the Site and/or Services and/or Content and may also expose you to civil and/or criminal liability.
The Site and the Services are intended for Users over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the Site. and the Services. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Site and/or the Services, we will prohibit and block such User from accessing the Site and/or the Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.
Contacting us via the Site
In order to contact us, you will need to fill out and complete the Contact Forms available at the Site. The Contact Forms require, inter alia, the User’s e-mail address, company/organization name, and his/her full name. You may also contact us by one of the ways detailed in the Site under the page "Contact Us".
Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access, or use the Site and/or Services. Our policy and practices and the type of information collected are described in detail in our Privacy Policy which is incorporated herein by reference. You agree that EqualWeb may use personal information that you provide or make available to EqualWeb in accordance with the Privacy Policy. If you intend to access or use the Site and/or Services, you must first read and agree to the Privacy Policy.
Intellectual Property Rights
EqualWeb hereby grants to Users who wish to use our Services a worldwide, personal, nonexclusive, non-commercial, non-sublicensable, non-assignable and fully revocable limited license to access the Site, and , if applicable use the Services and/or the Widget (as the case may be)(as indicated in an applicable purchase order and/or in the applicable affiliate websites and/or the authorized third parties websites), solely for the User’s internal non-commercial use, and for no other purpose, strictly in accordance with these Terms and applicable law.The Site, the Services, the Widget, the Content and EqualWeb’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to EqualWeb and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by EqualWeb and its licensors. The Terms do not convey to you an interest in or to EqualWeb’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of EqualWeb’s Intellectual Property under any law.
To the extent you or your Website End-Users provide any Feedback to EqualWeb, EqualWeb shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of EqualWeb’s current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require EqualWeb to comply with any additional obligations with respect to any EqualWeb current or future products, technologies or services that incorporate any Feedback.
Trademarks and Trade names
EqualWeb’s marks and logos and all other proprietary identifiers used by EqualWeb in connection with the Site and/or Services (“EqualWeb’s Trademarks”) are all trademarks and/or trade names of EqualWeb, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or Services belong to their respective owners (“ThirdParty Marks”). No right, license, or interest to EqualWeb’s 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.
Linking to EqualWeb’s Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by EqualWeb, and does not portray EqualWeb in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to EqualWeb’s Site, you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Certain links provided herein permit our Users to leave this Site and/or Services and enter non- EqualWeb sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of EqualWeb 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. In addition, EqualWeb is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. EqualWeb reserves the right to terminate any link at any time. You further acknowledge and agree that EqualWeb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
Availability
The Site’s and/or Services’ availability and functionality depend on various factors, such as communication networks. EqualWeb does not warrant or guarantee that the Site and/or 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.
Changes to the Site and the Services
EqualWeb reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site and Services (or any part thereof, including but not limited to, the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Site and/or Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that EqualWeb shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services or the Content included therein. You hereby agree that EqualWeb is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, THE SERVICES, THE WIDGET, THE REPORTS AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND EQUALWEB, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "EQUALWEB’S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY SERVICES OF EQUALWEB WHICH WERE PROVIDED TO A USER AS PART OF THE COMMERCIAL AGREEMENT, SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN THECOMMERCIAL AGREEMENT BETWEEN EQUALWEB AND SUCH USER.
WE DO NOT WARRANT (I) THAT THE USE AND/OR OPERATION OF THE SITE AND/OR SERVICES AND/OR THE CONTENT AND/OR THE WIDGET AND/OR THE REPORTS ARE AND/OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, AND/OR SERVICES AND/OR THE CONTENT AND/OR THE WIDGET AND/OR THE REPORTS (III) WE DO NOT PROVIDE ANY REPRESENTATIONS AND WARRANTIES REGARDING THE USE, INABILITY TO USE AND/OR OPERATE, AND/OR THE RESULTS OF THE USE OF THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS WILL MEET YOUR REQUIREMENTS). EQUALWEB AND EQUALWEB’S REPRESENTATIVES DISCLAIM ALL REPRESENTATIONS,WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, ACCURICY, INTEGRITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE (OF ANY KIND), ERROR, FAULT AND/OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY THIRD PARTIES.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOU AGREE THAT USE OF THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL EQUALWEB, INCLUDING EQUALWEB’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS AND/OR THE CONTENT THEREIN, ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS AND/OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS AND/OR THE CONTENT THEREIN TO PERFORM AS REPRESENTED AND/OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF EQUALWEB TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF EQUALWEB OR EQUALWEB’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER EQUALWEB OR EQUALWEB’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, EQUALWEB AND EQUALWEB’S REPRESENTATIVES` TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS AND/OR THE CONTENT SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO EQUALWEB FOR USE OF THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS IN THE THREE (3) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM EQUALWEB’S REPRESENTATIVES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Indemnification
You agree to defend, indemnify and hold harmless EqualWeb, including EqualWeb’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Services and/or the Widget and/or the Reports and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, including a third party claim, suit or proceeding that use of the Personal Information (as such term is defined in our Privacy Policy) within the scope of these Terms infringes any privacy right of a third party), in connection with your use of the Site and/or Services and/or the Widget and/or the Reports and/or Content; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or Services. and/or the Widget and/or the Reports and/or Content. It is hereby clarified that this defense and indemnification obligation will survive these Terms. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Amendments to the Terms
EqualWeb may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. For the avoidance of doubt, the determination of whether any change is considered "material" will be solely at our discretion. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" date and your continued use of the Site and/or Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
Termination of these Terms and the Termination of the Site’s operation
Termination for a cause. EqualWeb may terminate a User’s use of the Widget and Services for cause with immediate effect by sending a written notice of termination to the User, in case of the User’s material breach of these Terms that has not been cured within fifteen (15) days following a written notice thereof from EqualWeb, Termination of the Site operation. At any time, EqualWeb may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to EqualWeb under any applicable law. Additionally, EqualWeb may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that EqualWeb does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data.
Upon termination or expiration of these Terms all rights granted to the User under these Terms shall immediately terminate. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
General
(a) These Terms constitute the entire terms and conditions between you and EqualWeb relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and EqualWeb, (b) any claim relating to the Terms (including, inter alia, to the Site and/or Services and/or the Widget and/or the Reports and/or Content) f will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Terms (including, inter alia, to the Site and/or Services and/or the Widget and/or the Reports and/or Content) will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, EqualWeb may seek injunctive relief in any court of competent jurisdiction, (d) 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, (e) 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, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE AND/OR SERVICES AND/OR THE WIDGET AND/OR THE REPORTS AND/OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) the parties agree that all correspondence relating to these Terms shall be written in the English language.
For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to support@equalweb.com.
