Terms of Use

1. Accepting the Terms of Use

The Terms of Use (the “Terms” or the “Terms of Use”) form a legally binding agreement between you and Sensilize Ltd. (“Sensilize”) in relation to your use of the Sensilize web site (the “Site”). It is important that you read them carefully.
The Site is the property of Sensilze and its licensors. By accessing and using the Site or by clicking a box that states that you accept or agree to these Terms you signify your agreement to and intent to be bound by these Terms. These Terms apply to all users of the site. If you do not agree to these Terms, you may not use the Site or any information contained herein.
If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms, and, in such event, “you” and “your” will refer to that company or other legal entity.

2. Updates and Changes to the Terms

Sensilize reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes; therefore we recommend that you review the Terms on a regular basis and if you do not agree with all of the amended terms and conditions your sole remedy is to stop the use of the Site. You hereby waive any right you may have to receive specific notice of such modification, update or change.

3. Content

All text, data, graphics, photographs, trademarks, logos, sounds, artwork and software (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Sensilize, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

4. Terms Applicable to Specific Content and Areas of Site

Some areas of the Site or Content provided on or through the Site may have additional rules, agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (“Special Terms”). If there is a conflict or inconsistency between these Terms of Use and the Special Terms for a specific area of the Site or for specific Content, the Special Terms have precedence with respect to your access and use of that area of the Site or Content.

5. Use of the Site

We hereby grant you permission to use the Site, provided that you: (i) comply in full with these Terms; (ii) will not copy, distribute or modify any part of the Site without our prior written authorization; (iii) will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; and (iv) will not disrupt servers or networks connected to the Site.
You agree that you are solely responsible for (and that Sensilize has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Sensilize may suffer) of any such breach.

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. General Conduct and Obligations

You agree not to: (i) access or use the Site in any manner that could damage, disable, overburden, or impair any of our accounts, computer systems or networks; and (ii) attempt to gain unauthorized access to any parts of the Site computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any of our accounts, computer systems or networks.
You agree that your failure to adhere to all the conditions specified in these Terms including, inter alia, but not limited to, the following conditions, shall constitute a breach of these Terms on your part:

a. You agree not to alter or modify any part of the Site;
b. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Site or the Content accessible via the Site;
c. You agree not to collect or harvest any personal data of any user of the Site;
d. You undertake not to copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any Content in the Site without the prior written consent of the owner of such rights.
e. Use for any purpose which is regarded as illegal under any applicable law.
f. Pretending to be anyone, or any entity, you are not;
g. Planning or engaging in any illegal activity.

7. Ownership and Licenses

You acknowledge and agree that Sensilize and/or its licensors own all legal right, title and interest in and to the Site, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Sensilize and/or its licensors retain all right, title and interest in and to the Site, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, the “IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of the IP shall inure to the benefit of Sensilize, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to the IP or the validity of our rights in and to the IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said IP. All rights in the IP which are not expressly granted herein are reserved by Sensilize.
You agree not to remove, obscure or alter any notices of Intellectual Property Rights or disclaimers appearing in or on the site, and/or Service.

8. Links

The site may contain links to independent third party websites and to information provided on such independent third party websites. These independent third party websites are provided solely as a convenience to you and other visitors of the Site, and are not under our control. Sensilize is not responsible for and does not endorse the content of such independent third party websites, including any content, information or services contained on such independent third party websites, nor is it responsible for any changes or updates to such independent third party websites. You will need to make your own independent judgment regarding your interaction with these independent third party websites. You agree that Sensilize shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, information or services available on or through any such independent third party websites.
Sensilize has no liability whatsoever with respect to external websites or resources and you are hereby advised to read the terms and conditions and privacy policy of each other website that you visit.

9. Disclaimer

THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SENSILIZE DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE AND SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SENSILIZE DISCLAIMS ALL WARRANTIES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATABILITY. SENSILIZE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY SITES LINKED THERETO. YOUR SOLE REMEDY AGAINST SENSILIZE FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT SENSILIZE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CUSTOMERS, AGENTS, SUCCESSORS AND ASSIGNS AND/OR ANYONE ACTING ON ITS BEHALF SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANY INTERUPTION OF BUSSINESS OR OTHER INTANGIBLE LOSSES (EVEN IF SENSILIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SITE. WITHOUT DERROGATING FROM THE ABOVE, IN NO EVENT WILL SENSILIZE (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CUSTOMERS, AGENTS, SUCCESSORS AND ASSIGNS AND/OR ANYONE ACTING ON ITS BEHALF) TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE TERMS, OR THE SITE EXCEED THE AMOUNT PAID BY YOU TO SENSILIZE UNDER THE TERMS (IF ANY). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, SENSILIZE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, SENSILZE’ LIABILITY SHALL IN NO EVENT EXCEED US$100.00.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. ONLY TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY, AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
In particular Sensilize does not represent or warrant to you that:

a. Your use of the Site will meet your requirements.
b. Your use of the Site will be uninterrupted, timely, secure or free from error.
c. Any information obtained by you as a result of your use of the Site will be accurate or reliable, and;

11. General

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Sensilize and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
You agree that any action at law or in equity arising out of or relating to these Terms, the Privacy Policy and the relationship between you and Sensilize shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.
You agree to submit to the personal and exclusive jurisdiction of the courts of Haifa and/or Tel Aviv, Israel.
Notwithstanding this, you agree that Sensilize shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction
You agree that if Sensilize does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Sensilize has the benefit of under any applicable law), this will not be regarded or taken to be a formal waiver of Sensilize’ rights and that those rights or remedies will still be available to Sensilize.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.