YOUR USE OF www.danpalon.com SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT.
2. Service Description
•· 2.1. As part of our services to you, we enable access to online data about our products, and to contact us.
3. Intellectual Property
•3.1. The Website is intended to provide information about Dan Pal and its affiliates to potential customers, business partners. Such information about Dan Pal may include, without limitation, a description of its products, applications and services. This publication is not intended to provide investment or architectural advice.
•3.2. Any and all intellectual property rights, including without limitation any copyright, patents, trademarks, service marks, trade names design rights, moral rights, archive and data rights and broadcasting, publishing and advertising rights (the "Intellectual Property Rights"), arising with connection to the Website and its contents, including without limitation any texts, materials and photographs in the Website, and not including any trademarks, tradenames or service marks of other companies or persons (the "Content") are in the sole and exclusive ownership of Dan Pal and protected as such under national and international laws, and nothing in this agreement shall be interpreted otherwise in any way whatsoever.
•3.3. Nothing in the Website or the Content may be interpreted, by implication or otherwise, as license or right to use any of Dan Pal's Intellectual Property rights without prior express written permission of Dan Pal.
•3.4. Other names, company names, brand names, registered and unregistered trademarks or service marks and logos (the "Marks") are the property of their respective holders. Nothing contained in the site should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder of such Marks with respect to such use.
4. Disclaimer of Warranties
•· 4.1. The Website, its Content, the program on which it is based and any services that may be rendered through it are all provided by Dan Pal on "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Dan Pal specifically disclaims any and all warranties, including, but not limited to:(i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the Content or of the Website; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the Content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Dan Pal does not warrant or guarantee: (i) that any portion of the Website will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website will be uninterrupted or error-free.
•· 4.2. While we use reasonable efforts to include accurate and up-to-date information on the Website, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any typographical or other errors or omissions in the content.
•· 4.3. We do not monitor nor do we have any control over linked sites that appear on the Website, and we are not responsible for the contents of any linked site or any link contained in a linked site. We provide links to you only as a convenience, and the inclusion of any link does not imply endorsement of such site by us in any way whatsoever.
5. Limitation of Liability
•· 5.1. You hereby agree that under no circumstances, including without limitation negligence, and whether arising in contract, tort, warranty, strict liability, negligence, failure of essential purpose or any other statute, regulation or legal theory, shall Dan Pal be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in the Website, even if Dan Pal or a Dan Pal authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In states or jurisdictions where the exclusion or the limitation of liability for consequential or incidental damages is not allowed, Dan Pal's liability shall be limited to the maximum extent permitted by law.
•· 5.2. We may modify, alter or discontinue any part of the Website without notice, without any liability whatsoever to you, or to any other online user or any third party.
•· 5.3. We may choose to have third party websites linked to our Website. These third party links are provided for your convenience and shall be accessed by you entirely at your own risk. We have no responsibility or liability whatsoever for the content, availability or effect of any such third party linked websites.
You agree to fully indemnify and hold Dan Pal and its subsidiaries, affiliates, shareholders, officers, directors, clients, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your violation of these TOU, or your violation of any rights of another with connection to the Website.
8. Technical Support
If you have any problems, questions or complaints, you are welcome to contact our support division: contact us. Dan Pal will make every reasonable effort to respond to all e-mails as quickly and efficiently as possible, within a reasonable time period under the circumstances.
•· 9.2. The Applicable Law This agreement shall be governed by, construed and enforced, without reference to the conflicts of laws provisions, in accordance with the laws of, Israel. Accordingly, the parties agree that all disputes hereunder shall be solely and exclusively determined by the relevant competent courts of the jurisdiction of the competent courts of the state of Tel Aviv, Israel.
•· 9.3. Severability of Agreement If any provision of the Agreement between us and you shall be held by any competent court to be invalid or unenforceable in whole or in part for any other reason, then such provision shall be deemed removed from this Agreement as if it had not been included to begin with, without affecting the validity of the rest of this Agreement. Where possible, the invalid provision will be replaced with a new provision which as closely as possible reflects the original legal and commercial intentions of Dan Pal without itself becoming invalid.