Last updated: April 3, 2023
The Site is intended to provide information about Arkhivist and its products and services.
You are only entitled to use the Site, if you comply with all of the following: (i) you are at least 18 years old; (ii) you are an individual who is not considered a minor or under the age of majority adulthood in your specific jurisdiction(s); (iii) you have the right, authority and capacity to enter into these Terms and to abide by all the terms and conditions of these Terms; and (iv) you are using the Site from any jurisdiction in which it is illegal to do so. If you are not in compliance with any of the above, please do not visit or use the Site.
3. Site Access; Modification
For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
We reserve the right, in our sole discretion, to change these Terms at any time. Such change will be effective immediately following posting of the revised Terms on the Site or by any other means of notification, and your continued use of the Site thereafter means that you accept those changes.
4. Prohibited Activities
You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
5. Intellectual Property Rights
- Content; Marks. The: (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”); and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the property of Arkhivist and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. Arkhivist, the Arkhivist logo, and other marks are Marks of Arkhivist or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
- Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
6. Privacy; Disclosure
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Arkhivist, its users or the public.
- No Warranties
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
TO THE FULLEST EXTENT POSSIBLE UNDER LAW, THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ARKHIVIST HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
REGARDLESS OF ARKHIVIST’S EFFORTS, ARKHIVIST DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ARKHIVIST WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY
- Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ARKHIVIST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ARKHIVIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARKHIVIST FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED USD 1,000.
- Breach; Indemnity
Without prejudice to any other rights, if you breach, in whole or in part, any provision contained herein, Arkhivist reserves the right to take such action as it sees fit, including terminating these Terms or any other agreement in place with you, and taking legal action against you.
You agree to fully defend, indemnify and hold harmless Arkhivist and our affiliates, and our respective shareholders, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your interaction with any Site user; or (iii) your violation of these Terms; and (iii) any violation by you of any law or any third party rights.
- Term and Termination
These Terms are effective until terminated by Arkhivist. Arkhivist, in its sole discretion, has the right to terminate these Terms or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Arkhivist shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
Upon termination of these Terms, you shall cease all use of the Site, and the following sections shall survive termination hereof: 5 (Intellectual Property Rights), 6 (Privacy; Disclosure), 8 (No Warranties), 9 (Limitation of Liability), 10 (Breach; Indemnity), 11 (Term and termination), 12 (Independent Contractors), and 13 (Miscellaneous).
- Independent Contractors
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Arkhivist. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Arkhivist.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Arkhivist without restriction or notification to you. Arkhivist reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Arkhivist 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 in Tel Aviv-Yafo, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Arkhivist may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Arkhivist concerning the Site and any use thereof. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED.