Last updated: March 1, 2020
Thank you for visiting www.weebit-nano.com (“Website
”), the website of Weebit Nano Ltd. (“Weebit
”). Your visit, access and use of the Website, any products, services, materials or information we provide to you in connection with the Website or arising from your use of the Website (collectively, “Services
”), and the content provided or displayed on the Website or the Services (“Content
”). By accessing and using the Website you agree to that the Terms constitute a legally binding agreement between you and Weebit. Please read them carefully. If you do not agree to any of these Terms, please do not visit, access or use the Website or Content.
- Children. The Website, Content and Services are not intended for use by persons under 18 years of age. If you are under such age you may not access, use or receive this Website, the Content or the Services.
- Changes to the Terms. We may modify these Terms at any time. Any such modifications will be effective immediately after the updated Terms are posted and your continued access or use of the Website, Content or Services, after such time constitutes your acceptance of the updated Terms.
- Right of Access. Subject to these Terms, you may visit and access this Website and view the Content and receive any Services we provide, so long as we make them available or provide them to you. We reserve the right to either change, in any manner, or to cease to altogether offer, make available or provide the Website, Content and Services, in whole or in part and at any time.
- Restrictions. You may not, and you may not have or encourage or other person or entity to, directly or indirectly: (a) copy, modify, improve, create derivatives works based upon, reverse engineer, decompile or disassemble the Website, Content, or Services, or use or view the Content in any manner out of the Website or other medium in which it is provided to you; (b) you may not use the Website, Content or Services in any manner which could harm or disrupt us or any third party, the Website, the Services or any person or property; (c) you may not use automated means to access or use the Website, Content or Services in any manner, including, without limitation, using robots or spiders; or (d) you many not overload or attempt to overload or otherwise disrupt the normal functioning of the Website and any applicable Services, our or our third-party service provider’s servers or networks or the services of any Internet service provider or other service provider, or circumvent or attempt to circumvent any security or blocking features of the Website or Services.
- Linking. You may post links to our Website on your website provided that (a) you do not reproduce the Content and otherwise comply with the restrictions listed above in Section 5, (b) the description of the Website, including in the link text is accurate, and (c) you do not represent or imply that you and Weebit are affiliates in any way or that we endorse you or any of your products or services, or make any statement on our behalf.
- Intellectual Property Rights. We own all right, title, and interest, including all intellectual property rights, in and to the Website, Content and Services. Except for the limited rights granted to you in these Terms, no other rights in the Website, Content or Services are granted to you, all of which are hereby reserved.
- Notices and Disclaimers.
- General Warranty Disclaimer. The Website, Content and Services are provided “as is” and on an “as available” basis, without out warranties, guarantees, promises, or covenants of any kind, whether express, implied or statutory, all of which are hereby disclaimed, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, or which may arise in the course of dealing or usage of trade, or that the information found on the Website or made available as part of the Services is accurate or complete.
- Not Investment Advice. Any information made available on the Website or as part of the Services is provided for informational purposes only. It is not legal, tax, investment, financial, or other advice, which should be sought from professional advisors specializing in such matters. Nor is it an endorsement, recommendation or solicitation to buy or sell any stocks, shares or securities or any other interest in any entity, whether Weebit or otherwise. We are not and will not be responsible for any investments or other financial decisions you make based on such information, even if such information is inaccurate.
- Third-Party Content. The Website or Services may contain content provided by or link to websites or other digital platforms or products or services of third parties (collectively, “Third Party Content”). We take no responsibility and disclaim any warranties regarding any such Third Party Content. We encourage you to do your own research and read all applicable terms and notices before using, relying on, engaging, subscribing to, or making purchases of or on any Third Party Content or otherwise engaging with any such third parties.
- Limitation of Our Liability; Waivers by You. REGARDLESS OF ANYTHING THAT MAY STATE OTHERWISE, YOU AGREE THAT:
- Exclusion of Certain Damages. IN NO EVENT SHALL WE OR OUR AFFILIATES (TOGETHER, THE “WEEBIT GROUP”) AND OUR AND THEIR LICENSORS OR SUPPLIERS (TOGETHER “OUR SUPPLIERS”) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND, OR DAMAGES OR LOSSES TO OR OF PROFITS, REVENUES, SAVINGS, BUSINESS, REPUTATION, GOODWILL OR DATA, IN CONNECTION WITH THESE TERMS, OR THE SUBJECT MATTER THEREOF, THE WEBSITE, THE CONTENT, OR SERVICES AND YOUR ACCESS, USE, RECEIPT (OR LACK THEREOF);
- Limitation on Total Damages. THE MAXIMUM TOTAL LIABILITY OF THE WEEBIT GROUP AND OUR SUPPLIERS IN CONNECTION WITH IN CONNECTION WITH THESE TERMS, OR THE SUBJECT MATTER THEREOF, THE WEBSITE, THE CONTENT, OR SERVICES AND YOUR ACCESS, USE, RECEIPT (OR LACK THEREOF) SHALL NOT BE MORE THAN THE AMOUNTS YOU HAVE PAID TO US IN CONNECTION WITH YOUR ACCESS AND USE OF THE WEBSITE, CONTENT OR SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO YOUR CLAIM, IF ANY, OR US $10.00, THE GREATER OF THE TWO;
- Time Limitation. ANY CAUSE OF ACTION THAT YOU MAY HAVE IN CONNECTION WITH THE WEBSITE, CONTENT OR SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, AND OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED;
- Waiver of Class Actions. YOU HEREBY WAIVE AND GIVE UP ANY RIGHTS TO, AND AGREE NOT TO, PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM YOU MAY HAVE NOW OR IN THE FUTURE IN CONNECTION WITH THESE TERMS, THE WEBSITE, CONTENT, OR THE SERVICES; AND
- Applicability of Section. THE LIMITATION AND EXCLUSIONS LISTED IN THIS PARAGRAPH SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDLESS OF WHETHER THE DAMAGES OR LOSSES WERE KNOWN OR FORESEEABLE, AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY.
- Governing Law and Jurisdiction.
- Governing Law. These Terms, the subject matter of the Terms, and any disputes between your and any member of the Weebit Group or Our Suppliers (including, without limitation, regarding your breach of these Terms) shall be governed and interpreted in accordance with the laws of the State of Israel, excluding its conflicts or choice of laws or rules principles.
- Jurisdiction. Any such disputes will be subject to the exclusive jurisdiction of the competent courts located in Tel-Aviv Yaffo, Israel, and you and Weebit submit to the jurisdiction of such courts and waive all claims object to such jurisdiction, venue and forum, including, without limitation any claim of forum inconveniens. As an exception to this, we may seek preliminary, interim or other temporary injunctive or other relief (such as, for example, a court order) in any competent court in any jurisdiction worldwide.
- Assignment. You may not assign, transfer or delegate these Terms or any rights or obligations you have under these Terms to any other person or entity, but we may do so without restriction.
- Miscellaneous. These Terms together with any notices we post on the Website constitute the entire agreement between you and us with respect to the subject matter of these terms. They may not be changed by you without our express written consent, but may be changed by us without restriction. No waiver under these Terms shall be deemed a continuing waiver, unless expressly stated or agreed otherwise by the party against whom enforcement of such waiver is sought. Headings in these Terms are for your convenience and shall not be used in interpreting these Terms. If any provision of these Terms is held to be invalid or unenforceable, (i) the remainder of the Terms will remain in full force and effect, and (ii) the invalid provision shall be substituted with a provision that most closely approximates the original legal and economic effect of the invalid provision. Any right or remedy given in these Terms is, unless expressly stated otherwise, without exclusion of, or limitation to, any rights or remedies, otherwise available under these Terms, at law or equity. The prevailing party in any action or proceeding that is brought shall be entitled to reasonable attorneys’ fees from the other with respect to such action, in addition to any other relief or damages to which that party may be entitled.