You and the Site
agree that we may access, store, process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including settings).
By submitting
suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for
any purpose without compensation to you.
11. GUIDELINES FOR
REVIEWS
We may
provide you areas on the Site to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging others to post
reviews, whether positive or negative.
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our
opinions or the views of any of our affiliates or partners. We do not assume liability for any
review or
for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a
perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our
sole property. We shall own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions are original with you
or that you have the right to submit such Submissions. You agree there shall be no recourse against us
for any alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.
13. THIRD-PARTY
WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any Third-Party Websites accessed
through the Site or any Third-Party Content posted on, available through, or installed from
the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Site and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be aware these
Terms of Use
no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any website
to which you navigate from the Site or relating to any applications you use or install from
the Site. Any purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party Websites
and you shall hold us harmless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
14. U.S. GOVERNMENT
RIGHTS
Our
services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our
services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”),
our services are subject to the terms of these
Terms of Use
in accordance with FAR 12.212 (for computer software)
and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency
within the Department of Defense, our services are subject to the terms of these
Terms of Use
in accordance with Defense Federal Acquisition
Regulation (“DFARS”) 227.7202-
3.
In addition, DFARS 252.227-7015
applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and
supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in
computer software or technical data under these
Terms of Use
.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of these
Terms of Use
; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these
Terms of Use
, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
We care
about data privacy and security. Please review our Privacy Policy:
fidaccess.com/privacy.html
. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated
into these
Terms of Use
. Please be advised the Site is hosted in the United States
. If you access the Site from any other region of the world
with laws or other requirements governing personal data collection, use, or disclosure that
differ from applicable laws in
the United States
, then through your continued use of the Site,
you are
transferring your data to
the United States
, and you agree to have your data transferred to and processed in
the United States
.
These
Terms of Use
shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE
, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot
guarantee the Site will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Site at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site
during any downtime or discontinuance of the Site. Nothing in these
Terms of Use
will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms shall be governed by and defined following the laws of
Israel
. fidaccess.com and yourself
irrevocably consent that the courts of
Israel
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these terms.
To expedite resolution and control the cost
of any dispute, controversy, or claim related to these
Terms of Use
(each "Dispute" and collectively, the “Disputes”) brought
by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to
first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for
at least forty five (45) days before
initiating arbitration. Such informal negotiations commence upon written notice from one Party to the
other Party.
Any
dispute arising out of or in connection with this contract, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of
this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be one (1). The seat, or legal place, of arbitration shall be
London,
United Kingdom
. The language to be used in the arbitral proceedings shall be English. The
governing law of the contract shall be the substantive law of
the United Kingdom
.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any
claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There
may be information on the Site that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any time, without prior
notice.
22. DISCLAIMER
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED
TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID,
IF ANY, BY YOU TO US
DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE
OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Site; (2) breach of these
Terms of Use
; (3) any breach of your representations and warranties set forth
in these
Terms of Use
; (4) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing, 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
25. USER DATA
We
will maintain certain data that you transmit to the Site for the purpose of managing the performance of the
Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any activity you have undertaken using
the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any
complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
28. MISCELLANEOUS
These
Terms of Use
and any policies or operating rules posted by us on the Site or
in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these
Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use
operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these
Terms of Use
is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use
and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or agency relationship created between
you and us as a result of these
Terms of Use
or use of the Site. You agree that these
Terms of Use
will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic form of these
Terms of Use
and the lack of signing by the parties hereto to execute these
Terms of Use
.
29. CONTACT US
In
order to resolve a
complaint regarding the Site or to receive further information regarding use of the Site, please contact us
at:
fidaccess.com
support@fidaccess.com