AGREEMENT BETWEEN USER AND STATSOFT ISRAEL LTD.
StatSoft Israel Ltd. (STATSOFT) on behalf of TrekData Technologies Ltd. (R.A. number 51-305158-1 existing under the laws of the State of Israel) with offices at Post Office Box 1403, Kfar Saba, 44113, Israel, hereby informs that the STATSOFT Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the STATSOFT Web Site constitutes your agreement to all such terms, conditions, and notices.
2. Website Access
In order to access some features of the Website, you will have to create an account. By creating your account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes, and to maintain and update your information, as needed. You may not use another users account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.
You are solely responsible for maintaining the confidentiality of your account, password or other account information and any activity that is occurs on your account, and you must keep your account password secure. You must notify STATSOFT immediately of any breach of security or unauthorized use of your account. You will be liable for any use of your account or password, including without limitation, our losses due to any unauthorized use of your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account.
3. Content and Rights
STATSOFT Web Site is comprised of various Web pages operated by STATSOFT. The content of the Website, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, animations, designs, user interface ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned or licensed in by STATSOFT, and you hereby agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit them for any other purposes whatsoever without the prior written approval by STATSOFT and its licensors. STATSOFT reserves all rights not expressly granted in and to the Website and the Content.
STATSOFT distributes and publishes content supplied by third parties that may contain links to other Web Sites ("Linked Sites"). You fully understad that the Linked Sites are not under the control of STATSOFT and STATSOFT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. STATSOFT is not responsible for webcasting or any other form of transmission received from any Linked Site. STATSOFT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by STATSOFT of the site or any association with its operators.
Further more, it is acknowleged that STATSOFT has no control over such content and, without derogating from Section 4 below, STATSOFT assumes no warranty with respect to such content.
STATSOFT does not claim ownership of the materials you provide to STATSOFT (including feedback and suggestions) or post, upload, input or submit to any STATSOFT Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting STATSOFT, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
You grant the above mentioned license to STATSOFT whether or not your submission (or any part thereof) is actually posted on the Website or used by STATSOFT. You acknowledge and agree that STATSOFT may, at its sole discretion, elect to post or not post your submission, or to remove your submission from the STATSOFT Website after it has been posted or published, at any time, for any reason and without notice, and not to use, exhibit or otherwise exploit your submission in any manner whatsoever. You further acknowledge and agree that you post, submit or upload your submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between STATSOFT, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission.
You are solely responsible for your Submission and any consequences of posting or publishing it on the Website in any form. These sections of the WebStite are public and not private, and you acknowledge and agree that you have no expectation of privacy with respect to any Submission posted or publisher in any such section of the Website.
No compensation will be paid with respect to the use of your Submission, as provided herein. STATSOFT is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in STATSOFT's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The STATSOFT Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
STATSOFT has no obligation to monitor the Communication Services. However, STATSOFT reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. STATSOFT reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
STATSOFT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in STATSOFT 's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. STATSOFT does not control or endorse the content, messages or information found in any Communication Service and, therefore, STATSOFT specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized STATSOFT spokespersons, and their views do not necessarily reflect those of STATSOFT.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
4. No Warranty
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE WEBSITE IS ON YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STATSOFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. STATSOFT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN THE WEBSITE OR ANY RELIANCE ON THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY CHANGE, INTERRUPTION OR CESSATION OF THE WEBSITE, TEMPORARY OR PERMANENT, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. STATSOFT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STATSOFT WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING OR ANY USER SUBMMITION FEATURED IN THE WEBSITE, AND STATSOFT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND ANY WEBSITE LINKED THERETO. YOUR SOLE REMEDY AGAINST STATSOFT FOR DISSATISFACTION WITH THE WEBSITE, SERVICES AND/OR CONTENT IS TO STOP USING THE WEBSITE, SERVICES OR ANY SUCH CONTENT.
5. Limitation of Liability
IN NO EVENT SHALL STATSOFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
STATSOFT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by STATSOFT from its facilities Israel. STATSOFT makes no representations that the STATSOFT Website is appropriate or available for use in other locations. Those who access or use the STATSOFT Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
STATSOFT only collects information that STATSOFT believes will improve its services. Like the operators of most websites, STATSOFT uses analytic and reporting technologies to record Non-Personal Information. STATSOFT will not provide your personal information to any third parties without your consent or as required by a competent authority. STATSOFT takes all reasonable precautions to prevent the loss, misuse or alteration of your personal information. However, data transmission over the internet is inherently insecure, and we cannot guarantee the security of your personal data. The Website contains external links to other websites and we are not responsible for the privacy policies of third party websites.
8. Copyright and Trademark Protection
STATSOFT is committed to protecting intellectual property rights. However, STATSOFT cannot - and does not - monitor all of the content on its website. If any of your rights were infringed by STATSOFT Website please let us know immediately. Our designated agent for notice of alleged copyright infringement on the Website is:
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Attn: G. Levinton - TrekData Technologies Ltd. POBox 4681, Ramat Hasharon, Israel
A notification of a claimed infringement must be in a written form, addressed to the designated agent as set forth above, and must include substantially all of the following:
9. Purchase of Products and Payments
Subject to any applicable law, you may place an order for a product, service or association membership fee through the Website only if you are at least 18 years old. All such transactions at the website are secured according to PCI international standard by Net Pay Ltd., STATSOFT's payment service provider. Payment becomes due and owing immediately after the order is placed. Our cancellation policy for orders of products, services or association membership fee is subject to the Israeli Consumer Protection Act, 1981, except in transactions where section 14c(d) of the act is applicable.
Association membership will take effect upon completion of payment in accordance with the STATSOFT Articles of Association and subject thereto.
Without derogating from Sections 4 and 5, STATSOFT will not be liable for any failure, delay, expense or loss incurred by you which is beyond STATSOFT's reasonable control.
STATSOFT reserves the right to change the terms, conditions, and notices under which the STATSOFT Web Site is offered, including but not limited to the charges associated with the use of the STATSOFT Web Site.
STATSOFT reserves the right, in its sole discretion, to terminate your access to the STATSOFT Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Israel, and you hereby consent to the exclusive jurisdiction and venue of courts in Tel Aviv, Israel in all disputes arising out of or relating to the use of the STATSOFTWeb Site. Use of the STATSOFT Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and STATSOFT as a result of this agreement or use of the STATSOFT Web Site. STATSOFT 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of STATSOFT 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the STATSOFT Web Site or information provided to or gathered by STATSOFT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and STATSOFT with respect to the STATSOFT Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and STATSOFT