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These Terms of Service (as defined below) are a legally binding agreement between Safer Social and you.
The term "Safer Social", "SSL", "us", "we" or "our", refers to Safer Social Ltd., the owner of the Service (as defined below). The term "you" refers to the User (as defined below).
These Terms of Service govern your access to the Site and use of the Service and the features contained therein, whether through personal computers, mobile devices and any other devices which are supported by our Service, as set out in our support segment on our Site.[internal note: consider adding a link here]
These Terms of Service are void where prohibited by law, and the right to access to the Site and use the Service is revoked in such jurisdictions.
If you are using our Service through our App (as defined below), then, in the event (i) of any inconsistency or contradiction between this Terms of Service and the terms of use and/or the usage rules of the application store from which the App was downloaded, or in the event that (ii) these Terms of Service are found to be less restrictive than the terms of use and/or usage rules (as the case may be) of such application store, or that (iii) these Terms of Service will not be enforceable in their entirety for any reason (but without derogating from "Severability" in Section 21 below), then the terms and/or usage rules (as the case may be) of the applicable application store, shall prevail.
These Terms of Service are effective as of the date you access to the Site or use the Service, and such access or use indicates your acceptance of all of the terms and conditions of these Terms of Service.
If you are an individual entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such company or other legal entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not access the Site or use the Services.
SSL
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For the purposes hereof:
Description of Service, Plans, Cancelation and Refunds
This license, granted to you by SSL, is limited to a non-exclusive, revocable, non-transferable, non-sublicensable and worldwide license to (i) access the Site and (ii) use the Service solely for your personal, non-commercial, receipt and use of the Service as provided by SSL, in the manner permitted by these Terms of Service, (i) on your enterprise computers, (ii) on any mobile phone or other mobile device operated by Android™, as set forth in the Google Play Terms of Services, (iii) on any iPhone or any other Apple supported device as permitted by the Usage Rules of Apple Inc. ("Apple") as set forth in the App Store Terms of Service (the Google Play Terms of Services and the App Store Terms of Service are each referred to herein as the "Usage Rules") and/or (iv) any other devices which are supported by our Service, as set out in our support segment on our Site.
You may not use the App and/or the Service and may not accept these Terms of Service if you are using a mobile phone or other mobile device operated by Android™, or if you are using an iPhone or any other Apple supported device, where the restrictions on installing other apps not approved by Google or by Apple (as the case may be) have been bypassed (known as 'Jailbreaking' or 'Rooting').
These Terms of Service will govern any upgrades provided by SSL that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
From time to time, an upgrade to the latest version of the App may be required in order to make use of the Service or to take advantage of new features of the Service.
Perimeter 81 is a fully cloud-based VPN platform. We call it a "platform" because the solution allows each business to build their own network architecture and create custom configurations and access policies.
With a Perimeter 81 account, you will be able to build and manage dedicated private VPN gateways and collaborate with your team members remotely. Once you are connected to our dedicated VPN servers, the security and productivity of your company and team members will improve substantially and you will be able to close your network environments to be accessed only by utilizing authenticated and secure VPN connection.
The use of the Features as part of the Service is subject to your (or your company) having a valid and paid Manager Account (or using our Service as part of trial period). SSL reserves its right to make any changes to the Features and add and/or remove any Features, at its sole discretion; Any additional and/or future Features may not be included in the Price (as defined below), at SSL's sole discretion.
In order to use our Service you are required to open a manager account ("Manager Account"). In order to do that you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
You are solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SSL immediately of any unauthorized use of your account or any other breach of security SSL will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SSL or another party due to someone else using your account or password. You may not use anyone else's Manger Account without the permission of the Manager Account holder.
SSL offers a number of different Subscription Plans for the provision of the Service, on a monthly or yearly basis (the "Subscription Plan"). The price for each respective Subscription Plan is based on the length of such Subscription Plan and on the number of team members and private access gateways utilizing the Service (the "Price"). The Subscription Plans and the applicable Price thereof are subject to change from time to time by SSL, without liability to SSL or any prior notice required. Any additional and/or future services may not be included in the Price, at SSL's sole discretion.
Once you shall choose your Subscription Plan as above, and in consideration thereof, you shall be required to choose a method for payment from a number of third parties payment processors which are external to our Site (such as payment via credit card)(the "Third Party Payment Processors"). All payments are recurring (i.e., shall be automatically renewed at the end of the billing period of your Subscription Plan). You shall be solely liable for any fees, commissions or rates of the Third Party Payment Processors of your choosing.
It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. SSL is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
If you have canceled your Subscription Plan with the first thirty (30) days following registration to the Service, you shall be entitled to receive a refund following such cancellation by contacting us at [email protected] Otherwise, all payments made according to this Terms of Service are final and SSL will not reimburse or refund any payments for any reason. Should your Manager Account be hacked, you will not be refunded for any losses, even if the loss of control results in the deletion of your Manager Account. If you are using our Service through our App, any refunds are also subject to the Usage Rules of the applicable store from which you have purchased our App (i.e., Google Play or App store, as the case may be).
Should you, by any means or way, revoke or cancel any of your payments to SSL, SSL shall be allowed to supply the third party clearing or payment service any information about such transaction; including, but not only, your email address, your IP address and activity pursuant to such denied transaction.
In case you are using our Service through our App, you may opt-out of the Service at any time, by hitting the "uninstall" button after accessing the App on "My apps". However, please note that opting-out shall not automatically cancel your Subscription Plan (and/or entitle you to receive a refund), and the Services would still be available for use by you until the end of your Subscription Plan.
While accessing our Site you may post Comments, provided such Comments shall comply with the provisions of this Section 5 and of Section 8.1 below.
SSL has no direct visibility to the Content transmitted by you while through the Service. Therefore, SSL will make no effort to validate any of the Content for correctness or usability. SSL reserves the right to reject the Content if it is not "server-ready". SSL will notify you of its refusal of the Content and afford you the opportunity to modify the Content to satisfy SSL’s requirements for the Service.
You have the sole and exclusive ownership of the Content, including all intellectual property rights related thereto. You hereby grant to SSL, during the term of these Terms of Service, a non-exclusive, worldwide, fully paid up and royalty free license to use, copy, store and display the Content solely to the extent necessary to provide the Service to you.
You hereby represent and warrant that: (a) your use of the Service shall at all times comply with the terms of these Terms of Service; (b) during the term of these Terms of Service, and at all times during your use of the Service, you shall comply with all applicable laws, rules and regulations; and (d) you shall not use the facilities or capabilities of the Service to conduct any illegal activity, solicit the performance of any illegal activity, or engage in any other activity which infringes upon the rights of SSL or any third party. If you breach any of the warranties contained in this Section 5.2, SSL may, in addition to any other rights it may have in law or equity, exercise its right to terminate these Terms of Service.
The Site may enable access to certain third party web sites. In addition, you may access to third party web sites while using the Service ("External Sites").
Location data provided, whether by any External Sites or as integral part of the Site, is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither we, nor any of our licensors', guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any External Site or as integral part of the Site.
You may not do any of the following while viewing or accessing the Site:
Perimeter 81 is not a service to be used for criminal acts. It is an cyber security service. You may not do any of the following while accessing or using the Service:
You are solely responsible and liable for, and SSL has no responsibility to you or to any third party for, any breach of your obligations under these Terms of Service and for the consequences (including any loss or damage which SSL may suffer) of any such breach.
WE RESERVE THE RIGHT AT ALL TIMES (BUT WILL NOT HAVE AN OBLIGATION) TO REMOVE OR REFUSE TO DISTRIBUTE ANY REVIEW ON THE SITE AND/OR TO TERMINATE YOUR PERIMETER 81 ACCOUNT, AT ANY TIME, WITHOUT NOTICE AND AT OUR SOLE DISCRETION.
Any use, or attempted use, of the Site and/or Service contrary to these Terms of Service is a violation of our rights. If you breach these Terms of Service, you may be subject to prosecution and damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SSL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICE AND/OR THE FEATURES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.
SSL does not warrant against interference with your enjoyment of the Site, Service and/or Features, that the Site, Service and/or Features will meet your requirements, that the operation of the Site, Service and/or the Features will be uninterrupted or error-free, that defects in the Site, Service and/or the Features will be corrected, that the Site, Service and/or the Features will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.
The Service may be subject to unavailability for a variety of factors beyond our control, including, but not limited to, emergencies, third party service failures, transmission, equipment or network problems or limitations, interference or signal strength, and may be interrupted, refused, limited or curtailed. The accuracy and timeliness of data received while using the Service is not guaranteed and delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected due to interruptions or performance issues with the Service or communications services or networks. We may impose usage or service limits, suspend services, or block certain kinds of usage in our sole discretion to protect Users or the Service.
The Service may be subject to unavailability for a variety of factors beyond our control, including, but not limited to, emergencies, third party service failures, transmission, equipment or network problems or limitations, interference or signal strength, and may be interrupted, refused, limited or curtailed. The accuracy and timeliness of data received while using the Service is not guaranteed and delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected due to interruptions or performance issues with the Service or communications services or networks. We may impose usage or service limits, suspend services, or block certain kinds of usage in our sole discretion to protect Users or the Service.
We reserve our right to investigate matters we consider to be violations of these Terms of Service. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms of Service, and any other activities that may subject SSL or its customers to liability. SSL disclaims any and all liability in this respect.
SSL makes no guaranty of confidentiality or privacy of any communication or information transmitted through the use of the Service.
No advice or information, whether oral or written, obtained by you from us through the Site or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms of Service.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SSL, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION; OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (I) YOUR ACCESS TO OR USE, INABILITY TO USE, OR RELIANCE ON THE SITE, THE SERVICE, THE FEATURES, ANY EXTERNAL SITE, AND/OR ANY REVIEW (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT INCLUDED IN THE SITE WHICH IS FALSE OR WHICH CONSTITUTES PASSING-OFF, (III) YOUR INTERACTION ON THE SITE AND/OR THROUGH THE SERVICE AND ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY, (IV) OR ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE AND/OR THE FEATURES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF SSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, AND/OR (C) FOR ANY THIRD PARTY CLAIMS AGAINST YOU.
IN ADDITION, ALL RESPONSIBILITY OR LIABILITY OF SSL, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND/OR AGENTS FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS IS HEREBY DISCLAIMED.
IN NO EVENT SHALL THE TOTAL LIABILITY OF SSL, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS (U.S. $50.00).
Any cause of action by you with respect to the Site and/or Service, must be instituted within one (1) year after the cause of action arose.
You are solely responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access websites, services or content, and/or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, and/or for their or your compliance with such policies. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.
You shall indemnify and hold SSL and its directors, officers, employees, agents, partners and licensors, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against SSL by any Users and/or any other third party, due to or arising out of any content you post on the Site and/or through the use of the Service, your use of the Site and/or the Service, your violation of these Terms of Service, and/or your violation of any rights of another party.
You hereby acknowledge that the Site as a whole constitutes an original work of authorship of SSL, and that all rights, ownership, title and interest in and to the Site, including, but not limited to, the compilation, collection, selection, assembling, organization, coordination and arrangement of the content (whether or not such content is protected by copyright, or by any other intellectual property rights) within the Site, and the related instructions, databases and technology embedded therein or upon which it is based, and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights (but excluding your Comments) - are and shall remain the sole and exclusive property of SSL (and/or by its licensors), who reserve all their rights in law.
The Site and the Service contain proprietary information and material and trade secrets that are owned by SSL, and are protected by applicable intellectual property and other laws, including but not limited to copyright.
You may use the Site and the Service only in accordance with and subject to these Terms of Service.
With the exception of content posted on the Site by you, you are not granted any right and/or license, or ownership including any copyright, trade mark and other intellectual property rights to the Site or to any content appearing on the Site, other than as explicitly set forth in these Terms of Service.
Any third party trade or service marks present on content are trade or service marks of their respective owners. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever except as permitted in these Terms of Service.
THE USE OF THE SITE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SITE AND SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF SSL AND/OR OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
You agree that 'Safer Social', 'SSL' and 'Perimeter 81' trademarks, trade names, service marks, graphics, logos and other brand features used in connection with the Site and Service, are trademarks or registered trademarks of SSL (collectively, the "SSL Marks"). Nothing in these Terms of Service gives you a right to use or display the SSL Marks in any manner.
SSL reserves all rights not expressly granted to you under these Terms of Service.
All right, title, and interest in and to the Software, including (but not limited to) all intellectual property rights therein, are and shall remain the sole and exclusive property of SSL. You are granted no title or ownership rights in or to the Software.
Without derogating from the above, SSL, reserves all proprietary rights in and to (i) all designs, engineering details and other data pertaining to the Software, (ii) all original works, computer programs, discoveries, inventions, patents, know-how, and techniques arising out of, and/or products developed as a result of, the Service. The Software contains trade secrets of SSL, including, without limitation, the source code version and the specific design of the Software.
You may use the Software only in accordance with and subject to the terms and conditions of Section 2 above. All rights not expressly granted to you in these Terms of Service are retained by SSL.
You shall be responsible for ensuring that any Users accessing the Service, shall use the Service strictly in accordance with these Terms of Service. Any use of Service by a User contrary to the provisions of these Terms of Service, shall be deemed as a material breach by you of these Terms of Service. In addition, during the term of these Terms of Service, you shall maintain and shall procure that the Users accessing the Service shall comply with appropriate security measures and access procedures, in order to ensure that the Service is accessed only by the Users and that SSL's intellectual property rights and other rights under these Terms of Service are not compromised in any way.
You shall not adopt, use or register any trade names or symbols that are identical, or confusingly similar, to any trademarks or trade names used by SSL.
You shall promptly notify SSL in writing of any infringement or other violation of SSL's intellectual property rights to which you become aware.
SSL shall have the sole and exclusive right to protect and defend SSL's intellectual property rights, at its sole cost and expense. You shall reasonably cooperate with SSL, at SSL's expense, in the defense and protection of such intellectual property rights.
Any logos, artwork and trademarks associated with each Third Party Payment Processor is/are the property of such applicable Third Party Payment Processor. Google Play™, Android™ and any logos, artwork and trademarks associated therewith is/are the property of Google Inc. ("Google"). Apple™, App Store™, iPhone™ and any logos, artwork and trademarks associated therewith is/are the property of Apple Inc.
User expressly acknowledges and agrees that Google, and each member of the group of companies of which Google is the parent, shall be third party beneficiaries to these Terms of Service. Google and such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service that confers a benefit on (or rights in favor of) them.
You expressly acknowledge and agree that: (i) these Terms of Service are made between you and SSL, and not with Apple; (ii) SSL, and not Apple, is solely responsible for the App and the Services; (iii) SSL alone shall be responsible for providing any maintenance and support services with respect to the App, if any and as specified in these Terms of Service, or as required under applicable law, and Apple will not have any obligation whatsoever to furnish any maintenance and support services with respect to the App or the Services; (iv) SSL shall be solely responsible for any warranties with respect to the App and the Services, whether express or implied by law, to the extent not effectively disclaimed; (v) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; (vi) to the maximum extent allowed by applicable law, except as described in clause (v) above, Apple will not have any other warranty obligation whatsoever with respect to the App or the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SSL's sole responsibility; (vii) SSL, not Apple, is responsible for addressing any claim by you or any third-party relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation; (viii) in the event of any third-party claim that the App or your possession and use of the App infringes such third-party's intellectual property rights, SSL, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, (xi) you have had the opportunity to review Apple's Usage Rules; (xii) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon the your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against the you as a third party beneficiary thereof.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your post has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iii) your contact information, including your address, telephone number, and an email address; (iv) your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner, and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.
If you believe that any content infringes upon your intellectual property rights, you should notify us as set out in Section 14 below.
These Terms of Service shall be effective until terminated by you or by SSL.
Without derogating from SSL's right to terminate these Terms of Service as set out in Sections 3.7 and 8.4 above, SSL, at its sole discretion, without notice to you, may terminate these Terms of Service if you fail to comply with any of the provisions of these Terms of Service, without prejudice to the right of SSL to be indemnified for its damages and any other right and remedy.
In all such cases, these Terms of Service shall terminate, but the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections 1, 3.3, 3.4, 3.5, 9, 10, 11 through and including 21, shall survive such termination for any reason and shall continue to apply.
Upon termination of these Terms of Service, you shall cease all access to the Site and all use of the Service.
You agree that any remarks, ideas, feedback, comments, suggestions, or any other information that you may provide to SSL (collectively, a "Submission"), whether through a Review or otherwise, is entirely voluntary, and that SSL will be free to use any such feedback, comments or suggestions as SSL will see fit, without any obligation or compensation to you or any other person sending the Submission. SSL will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby irrevocably assign to SSL all rights therein. SSL will not be required to treat any Submission as confidential. You acknowledge that you are responsible for whatever material you submit, and will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You may not use or otherwise export or re-export the Site and/or Service except as authorized by United States law and the laws of the jurisdiction in which the Site and/or Service were obtained. In particular, but without limitation, the Site and/or Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By using the Site and/or Service, you represent and warrant that (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use the Site and/or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
These Terms of Service shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service. Your use of the Site and/or Service may also be subject to other local, state, national, or international laws.
Both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms of Service, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that SSL shall be allowed to apply for injunctive remedies in any jurisdiction.
SSL's corporate offices are located at SSL LLC , 419 Lafayette St., 6th Floor | New York, NY 10003.
Any questions, complaints, claims or other communication to SSL concerning the Service should be directed to: [email protected].
We may send you notices with respect to the Site and/or Service by email, regular mail, postings on the Site, or by any other means reasonably designed to give you such notice.
All communications between SSL and you shall be in the English language only.
You agree to hold in confidence our Confidential Information, and to refrain from copying, distributing, disseminating or otherwise disclosing such Confidential Information to anyone, other than to your employees, if and to the extent that such employees have a need to know such Confidential Information.
You undertake not to use the Confidential Information for any purposes other than for the Service, and not to sell, grant, make available to, or otherwise allow the use of the Confidential Information by any third party, directly or indirectly, except as expressly permitted herein.
All Confidential Information shall be and remain the property of SSL. Disclosure of the Confidential Information to you shall not be construed as granting any right, title, or license, whether express or implied, with respect to the Confidential Information or to its related intellectual property (including, but not limited to, improvements, modifications and/or derivatives related to the Confidential Information), other than the right to use the Confidential Information strictly in accordance with the provisions of these Terms of Service.
The Confidential Information is provided on an "as is" basis, with no warranty of whatsoever kind. Without derogating from the above, we make no warranties, whether express or implied, regarding the accuracy and/or completeness of the Confidential Information disclosed hereunder.For the purposes hereof, Confidential Information" means information, in whatever form disclosed, provided by or on behalf of Safer to you, or to which you otherwise gains access, in the course of or incidental to the Services, and that should reasonably be understood you because of legends or other markings, the circumstances of disclosure or the nature of the information itself, to be proprietary and confidential to Safer or a third party.
Headings and Interpretation. The headings of the Sections in these Terms of Service are for reference only and shall not be considered in the interpretation hereof. In these Terms of Service, unless the context otherwise requires or expressly stated otherwise: singular terms include the plural and vice versa; the use of any gender shall be applicable to both genders; the words "include" and "including" will not be construed as terms of limitation; the words "day", "month" and "year" mean respectively, calendar day, calendar month and calendar year. References to any legislation or regulations include references to any amendments or re-enactments thereof from time to time.
Any translation of these Terms of Service is provided solely for your convenience and is not intended to modify these Terms of Service. In the event of a conflict between the English version of these Terms of Service and a version in a language other than English, the English version shall apply.
Entire Agreement. These Terms of Service, together with SSL's Privacy Policy, contain the complete agreement between the parties and supersedes any prior understandings, agreements or representations by or among the parties, which relate to the subject matter of these Terms of Service.
Amendments. SSL reserves the right, at any time and from time to time, without liability to SSL or notice to you, to change any of the provisions of these Terms of Service. Any such changes will be effective immediately and incorporated into these Terms of Service by this reference. Your continued use of the Service will be deemed to constitute your acceptance of any and all such changes.
Severability. In the event that any provision of these Terms of Service is held by a competent court to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms of Service remain in full force and effect.
Waiver. No waiver on the part of SSL of any right under these Terms of Service shall be effective unless in writing and signed by SSL's duly authorized representative. No waiver on the part of SSL of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms of Service.
No Partnership. Nothing contained in these Terms of Service shall be construed as creating a partnership, joint venture, agency or other similar relationship between SSL and you, nor as granting you the right, power, or authority (express or implied) to bind or otherwise create any duty or obligation for SSL.
Assignment. You may not assign, subcontract or otherwise transfer any of its rights and/or obligations under these Terms of Service without prior written approval by SSL, and any purported assignment or transfer without SSL's consent shall be null and void. SSL may assign and/or subcontract some or all of these Terms of Service to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms of Service shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
No Third Party Beneficiaries. These Terms of Service does not create any obligation of a party to any third parties, nor shall it be deemed to create any rights or causes of action on behalf of any third parties, except as set forth in Section 13 above.
