Last Revised: June 3, 2021
Tadiran Consumer and Technology Products Ltd. (“Tadiran”, “us” or “we”) respects the privacy of its website users (“User(s)” or “you”) and is
committed to protecting its Users’ personal information. We believe that you have a right to know our practices regarding the information we may
collect and use about you when you use our website at https://tadiran-international.com/ and its subdomains (the “Site”). Please read the following
carefully to understand Tadiran’s views and practices regarding your personal information and how Tadiran will treat it.
1. Who we are
6. Your Rights
14. Data Retention
1. Who we are in this policy, references to Tadiran, or to “we” or “us” are to Tadiran Consumer and Technology Products Ltd. and its affiliates, which is a registered company in the state of Israel, no. 520036302 at Rabanitzky 9, Petah Tikva Israel 4912502. Individuals wishing to contact us about data protection issues may do so by writing to us at the above address or by emailing us at [email protected].
1.1 Your acknowledgment of this policy
2. Which information may we collect about Users? We collect from Users of our Site, two types of data and information:
2.1. Non-personal Information. The first type is non-identifiable and anonymous information. Non-personal Information, which is being gathered, consists of technical information and behavioral information that does not pertain to a specific individual (“Non-Personal Information”).
1.1.2. You may access and browse the Site without disclosing personal information, although, like most websites, we passively collect certain Non-Personal Information from your devices, including: (i) technical information such as the type and version of your device and its operating system, the type of browser, screen resolution, device browser, and keyboard language, Wi-Fi connectivity and the type and name of your device and/or browser, etc.; and (ii) behavioral information which may include the User’s click-stream on the Site, the activities of the User on the Site and additional information of a similar nature (collectively, “Technical and Behavioral Information”). We use third-party service providers, such as Google Analytics, to obtain detailed analytics on the device and the User’s behavior on the Site. Please note that we or our third-party service providers will collect such Technical and Behavioral Information by using certain tracking technologies, such as cookies, as further detailed below.
2.2. Personal Information. The other type of information we collect is individually identifiable information. To put it simply, this information identifies an individual or is of a private and/or sensitive nature, such as your contact information (“Personal Information”), including:
● Personal Information that is provided voluntarily:
● Communications with Tadiran: Personal Information you provide us as part of any communications with Tadiran, by any means, including by contacting us via the Site or email, approaching our customer services or during sales calls, or through our social network pages (such information may include marketing and communication data that includes your preferences in receiving marketing from us and your communication preferences). Please note that we may record calls for quality assurance purposes and in order to improve our services.
● Contact Details: Personal Information is collected from the details the Users provide in the “Let’s Connect” tab available on the Site. Such Personal Information includes your full name, email address, position, and company name. You may provide via the contact form any text you wish to insert into the “Leave Your Comment” box. Additional information may be requested via the contact form in the future.
● Mailing list: you may voluntarily join our mailing list by providing us with your email address via our Site https://www.tadiran-international.com/contact.
2.2.1. Personal Information collected via technology:
● Geolocation data: during your visit to the Site we will access, collect, process, monitor, and/or remotely store “geolocation data”, including through the collection of IP addresses and other similar information to determine your location for analytics, advertising, and security purposes. Please note that we may also analyze your IP address and other similar data, using our third-party service providers, in order to determine the name of the company whose IP address you have used to browse our Site, for the purpose of locating prospects and in order to analyze our Site’s traffic.
● Technical and Behavioral Information: to the extent that the Technical and Behavioral Information detailed above under Section 3.1 will be linked to or associated with a specific individual then such information will be considered as Personal Information.
● Identifiers: such as Internet Protocol (IP) address, your Unique Device Identifier (UDID), or other unique identifiers for security purposes, analytics, and in order to provide you with targeted advertising of our products and services
● Information from other sources: We also obtain information from other sources, which may include, but are not limited to, publicly-available sources, information provided by third parties which help us determine your location based on your IP address and data providers, such as Google Analytics, Facebook and HubSpot from which we obtain demographic, interest based and online advertising related data.
2.3. Please note:
● We may cross-reference your Personal Information with other Personal Information we may have about you. Any Non-personal Information connected or linked to or associated with any Personal Information shall be deemed as Personal Information as long as such connection, linkage or association exists.
3. How do we collect information about our Users?
There are two main methods we use to collect information:
3.1. We collect information through your entry, connection, access, and/or use of the Site. In other words, when you access or use the Site, we are aware of your usage of the Site and may gather, collect and record the information relating to such usage. For example, when you use the Site, we gather your Technical and Behavioral Information.
3.2. We collect information that you provide us voluntarily. For example, we collect Personal Information that you provide via the “Let’s Connect” form on our Site. We will inform you prior to collecting your Personal Information if it is requested on a voluntary basis and the consequences of not providing voluntary Personal Information.
3.3. We collect information from public sources. We may supplement personal information that we collect about you with information that you have made public on websites associated with you or your company or on social media platforms such as LinkedIn, Facebook
4. What are the purposes of the collection and processing of information?
4.1. Non-personal Information is processed in order to:
● Enhance the User’s experience on the Site;
● Create statistical information and learn about the preferences of Users and general trends on the Site (e.g. understand which features are more popular than others); and
● Keep the Site safe and secured against fraudulent and criminal activity.
4.2. Personal Information is processed in order to:
● Enable the operation and constant improvement of the Site;
● Register your interest in becoming a new customer;
● Contact you by telephone and/or by email with further information, relating to our products or services which you enquired about via the Site. To ensure we offer a good and responsive service, we consider this use to be proportionate and will not be prejudicial or detrimental to you;
● Add your contact details to our mailing list for the purposes of sending you information about our products and services by email, SMS, phone, or through web-browser notification. You have the right to opt-out of marketing messages at any time by following the instructions in such messages or by contacting us at: [email protected]. For email marketing to an individual subscriber (that is, a non-corporate email address) with whom we have not previously engaged as a client, we may need your consent to send you unsolicited email marketing;
● Enable our third-party advertising service providers to present you with Tadiran’s advertisements on websites across the Internet and across devices. You may opt-out of such advertising activities by following the directions detailed below; Facebook, Linkedin, and google ads.
● Personalize your experience on the Site;
● Ensure that content on the Site is presented in an optimal way for you and for your device (e.g. tablet, mobile phone);
● Conduct internal operations, such as: troubleshooting, data analysis, testing, research, and statistical analysis;
● Keep the Site safe and secured against fraudulent and criminal activity;
● Comply with our legal obligations and provide us with the ability to protect our rights and legitimate interests;
● Maintain our data processing records and general administrative purposes; and
● Email tracking – we may use tracking technology within the email we may send you in order to improve interactions with you and to better understand whether our emails were opened and read, and such tracking may include capturing the time and date in which you opened our email messages and the type of device you use to open such emails.
5. Sharing Personal Information with Third Parties
5.2. In addition to using the information collected by us for the purposes described under Section 6 above, we may also share your information in the following cases:
● Tadiran Personnel: Personal Information that we collect and process may be transferred to or accessed by personnel of Tadiran for the sole purpose of enabling the operation of the Site and to contact you (as detailed in Section 5 above). Please note that all Tadiran personnel that will have access to your Personal Information are under an obligation of strict confidentiality with respect to such Personal Information.
● Service Providers: we share Personal Information with vendors, commercial software providers, consultants, and data processors who perform services on our behalf, including without limitation, companies that provide analysis, messaging services, and services that host the Site. Please note that we collect, hold and manage your Personal Information through a third party’s cloud-based services, as reasonable for business purposes, which may be located in countries outside of your jurisdiction. For more information regarding our Service Providers, please refer to Section 11 below.
5.3. For the avoidance of doubt, Tadiran may transfer and disclose Non-personal Information to third parties at its discretion including without limitation for statistical, analytical, and research purposes and for customization, development, and improvement of our Site.
6. Your Rights
Tadiran acknowledges you have the right to access and change the Personal Information we collect and process. If you wish to access or to correct, amend, or delete Personal Information, please send us an email to: [email protected] and we will respond within a reasonable timeframe, but in any event no later than permitted by applicable law.
7. Location of Your Data
BY SUBMITTING YOUR PERSONAL INFORMATION TO TADIRAN, YOU ACKNOWLEDGE, AND AGREE, IN JURISDICTION WHERE SUCH CONSENT IS REQUIRED, TO SUCH TRANSFER, STORING, AND/OR PROCESSING OF PERSONAL INFORMATION.
8. Social Features
The Site is intended for Users over the age of sixteen (16). Therefore, Tadiran does not intend and does not knowingly directly collect any Personal Information from children under the age of sixteen (16) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the Site.
10. Third Party Service Providers
10.3. Note, that we collect, hold and/or manage your Personal Information through Tadiran’s authorized third-party vendors of certain products or services (such as hosting cloud services) (including, as applicable, their affiliates) solely and limited to providing us with such requested services, and not for any other purposes.
10.4. Such vendors may be located in countries that do not have the same data protection laws as the laws applied in your jurisdiction.
10.5. Such third parties service providers may include without limitation the following categories of service providers:
● – Google analytics, Facebook, HubSpot.
11.1. When you access or use the Site, we and/or our third-party service providers may use industry-wide technologies such as cookies, web beacons, pixels, clear gifs, and other similar tools (or other similar technologies) (collectively, “Cookies”) which may enable us, amongst others, to recognize your device from those of other Users of the Site, to improve the Site’s performance, to deliver a better and more personalized service according to our Users’ individual interests and the device or browser used, to track Users’ use of the Site, to gather information about the Users’ approximate geographic location (e.g. city), to prevent fraud and/or abuse, to estimate our audience size and usage pattern and perform other analytics, to develop our Site and to serve targeted advertisements.
11.3. Most devices and browsers will allow you to erase cookies from your device’s hard drive, block acceptance of cookies, or receive a warning before a Cookie is stored on your device. However, if you block or erase Cookies, your experience of the Site may be limited.
11.4. For detailed instructions regarding the blocking of Cookies, please refer to your browser’s ‘help’, ‘tool’, or ‘edit’ sections or see http://www.allaboutcookies.org/manage-cookies/. Below are links to instructions regarding the blocking of Cookies on commonly used web browsers: Chrome, Internet Explorer and Microsoft Edge, Mozilla Firefox, and Safari.
11.5. It is possible to opt-out of having your browsing activity within the Site recorded by performance cookies. Please note that we use Google Analytics as our service provider in order to track Users’ activities on the Site, including by using such services’ persistent cookies. Google provides a browser add-on that allows users to opt-out of Google Analytics across all websites, which can be downloaded here: https://tools.google.com/dlpage/gaoptout.
11.6. You can opt-out of receiving interest-based advertising on your device by visiting the following sites: www.aboutads.info/choices/, www.networkadvertising.org/choices/, and preferences-mgr.truste.com/. If you wish to opt-out of receiving interest-based advertising on your mobile device, please see the advertising preferences information on support.apple.com for iOS devices or support.google.com for Android devices.
12. Links to Third Party Websites
13.1. We take appropriate measures to maintain the security and integrity of our Site and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures.
13.2. Your Personal Information is hosted on third-party servers, which provide advanced strict security standards (both physical and logical).
13.3. Some of the security measures that we employ include, without limitation: the application of highly secure design and implementation methods to all our Services, including state-of-the-art encryption mechanisms and secure architecture design to all storage and transmission mechanisms used for the processing and transmission of your Personal Information, as well as access control and auditing systems (including firewall and identity management solutions), that restrict access to your Personal Information to authorized personnel only, based on their roles and their need-to-know requirements, needed to process your Personal Information on Tadiran’s behalf.
13.4. Please note, however, that there are inherent risks in the transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use will never occur.
13.5. Tadiran will comply with applicable law in the event of any breach of the security, confidentiality, or integrity of your Personal Information and will inform you of such breach as required by applicable law.
13.6. TO THE EXTENT THAT TADIRAN IMPLEMENTED THE REQUIRED SECURITY MEASURES UNDER APPLICABLE LAW, TADIRAN SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION INCLUDED IN THE PERSONAL INFORMATION.
14. Data Retention
Tadiran will retain the Personal Information for as long as we are confident that it is accurate and can be relied upon. Personal Information which is no longer required for the purpose for which it was initially collected will be deleted unless we have a valid justification to retain it which is permitted under applicable law, such as to resolve disputes or comply with our legal obligations.
16. Have any Questions?
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Last Revised: October 11, 2021
Tadiran Consumer and Technology Products Ltd. (“Tadiran”, “we”, “our”) welcomes you (the “User(s)”, or “you”) to our primary website at https://www.tadiran-international.com/ and its subdomains (the “Site”). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The Site is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, as applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s behalf and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization.
2. The Site
The Site provides comprehensive information regarding our activities, products, and services and includes, inter-alia, an overview of Tadiran’s products and technology, our services, and so forth, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”).
For the avoidance of doubt, the Site serves only as an informative marketing tool, and engagements with Tadiran or any products and/or services of any sort which are purchased from Tadiran or its authorized distributors shall be subject to the terms of such engagement as agreed between the parties. The Content does not bind us in any form, and in any case, where the Content contradicts or is inconsistent with any information supplied by us or any of our distributors to you directly, such information shall prevail. The Content does not purport to be all-inclusive or to contain all of the information that a potential client(s) may consider material or desirable in making the decision to become a client. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO TADIRAN OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. TADIRAN WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection, and data usage charges made through the use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
3. Use Restrictions
There are certain conducts that are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Tadiran’s sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Tadiran, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Tadiran or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Tadiran endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Tadiran on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Tadiran’s proprietary rights, including Tadiran’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Tadiran’s prior written consent; (l) create a browser or border environment around Tadiran Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (n) frame or mirror any part of the Site without Tadiran’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.
5. Intellectual Property Rights
The Site, the Content, and Tadiran’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Tadiran and are protected by applicable patent, copyright, and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Tadiran and its licensors.
The Terms do not convey to you an interest in or to Tadiran’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Tadiran’s Intellectual Property under any law.
To the extent you provide any feedback, comments, or suggestions to Tadiran (“Feedback”), Tadiran shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual, and irrevocable license to incorporate the Feedback into any Tadiran current or future services and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Tadiran to comply with any additional obligations with respect to any Tadiran current or future products, technologies, or services that incorporate any Feedback.
6. Trademarks and Trade names
Tadiran’s marks and logos and all other proprietary identifiers used by Tadiran in connection with the Site (“Tadiran’s Trademarks”) are all trademarks and/or trade names of Tadiran, whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Tadiran’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
7. Linking to Tadiran’s Site and Links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products, and/or services by Tadiran and does not portray Tadiran in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site, you represent that your site does not contain content that is unlawful, offensive, or infringing third-party rights. However, we do not permit framing or inline linking.
The Site’s availability and functionality depend on various factors, such as communication networks. Tadiran does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
9. Changes to The Site
Tadiran reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form, or removed at any time without any notice to you. You agree that Tadiran shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that Tadiran is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
10. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, ANDTADIRAN, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “TADIRAN’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CAN NOT CHANGE. TADIRAN AND TADIRAN’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
11. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL TADIRAN, INCLUDING TADIRAN’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF TADIRAN TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF TADIRAN OR TADIRAN’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER TADIRAN OR TADIRAN’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, TADIRAN’S AND TADIRAN’S REPRESENTATIVES TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO TADIRAN FOR USE OF THE SITE OR $US 1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES FROM US AND FROM TADIRAN’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Tadiran, including Tadiran’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.
13. Amendments to the Terms
Tadiran may, at its sole discretion and without previous notice, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. However, in case of any material change, we will make reasonable efforts to post a clear notice on the Site regarding such change, which will take effect seven (7) days after such notice was provided on our Site. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
14. Termination of these Terms and the Termination of the Site’s operation
At any time, Tadiran may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Tadiran under any applicable law.
Additionally, Tadiran may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Tadiran does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property, Disclaimers, and No Warranties, Limitation of Liability, Indemnification, and General sections will survive the termination of the Terms.
(a) These Terms constitute the entire terms and conditions between you and Tadiran relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and Tadiran, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Tadiran may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign these Terms without restriction or notification, and (i) no amendment hereof will be binding unless in writing and signed by Tadiran.
16. For information, questions, or notification of errors, please contact: If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: [email protected]
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