Terms of Use for Publicators' Electronic Mailing System

Please carefully read the Terms of Use for Electronic Mailing System (hereinafter: "the Agreement") regarding your use of the website and/or Publicators' mailing system, which is subject to your acceptance and compliance with all of the service and usage terms fully detailed.

The Agreement replaces and cancels all previous understandings, agreements, contracts, whether oral or written, between you and Publicators Ltd. (hereinafter: "the Company").

Please follow the terms of use published on the Company's website, as from time to time there may be updates which apply immediately upon publication on the website.

The Company provides solutions for digital marketing via an internet electronic mailing system developed by the Company as of 2003 (hereinafter: "the System"). The Company's electronic mailing system is sophisticated yet user friendly and offers the highest navigability of emails to inboxes. This is done via advanced software developments, methodical enhancement of the quality of the sending servers and keeping in constant touch with the ever changing policies of the various internet providers. The System is equipped with various unique tools to collect and process information, advanced control and surveillance systems, and interfacing ability with other systems.

Following are the terms of use for access to this internet site and for the use of the System. By pressing the "I agree" button on the registration page, by entering into your account on the System, or by accessing services provided by the Company via any interface, you accept the terms of use detailed in the Agreement.

Data Privacy

The Company will Process your Personal Data in accordance with applicable laws and the terms of Privacy Policy.

General- Terms and Definitions
1. The terms of use and instructions are worded in masculine strictly for convenience purposes.
2. The headings of sections are strictly for convenience purposes and no term of the Agreement shall be interpreted according to the headings.
3. In the Agreement the following terms have been defined as follows, unless
4. circumstances require otherwise:
  1. "Company" and/or "Publicators"- Publicators Ltd., corporate registration number 513376327.
  2. "System" and/or "Mailing System"- The Mailing System is an internet software which allows the user to send to its permitted pool of recipients via electronic mail, its contents, to create landing pages and forms, to manage the pool, to view and analyze the results of sending.
  3. "Client" and/or "Advertiser/Sender"- Anyone who registers to use and/or the user of the System for the purpose of sending emails to its permitted pool of recipients.
  4. "Spam Law"- for example but not only, The Communications Law (Bezeq and Broadcasts) (amendment number 40) 2008, CAN-SPAM Act 2003 (Controlling the Assault of Non Solicited Pornography and Marketing Act of 2003) and/or the applicable law in each and every relevant country.
  5. "Permitted Pool of Recipients"- A collection of email addresses of the Client to which it intends to send electronic mail messages via the System and which the Client has documentation that each and every recipient granted specific consent to receive mailings from that Client, all according to the requirements of the relevant Spam Law in its territory of activity.
  6. "Campaign" and/or "Newsletter"- Messages sent to the recipient via the System.
Entitlement to Use the System
1. Your usage of the System is subject to your consent of all to the terms of use detailed in the Agreement, without any exceptions.
2. The Company is entitled to change the entitlement to use the System from time to time, based on its sole discretion.
3. License to use the System will be granted only to a person who is legally qualified to create binding contracts by applicable law. Without derogating from the abovementioned, use of the System is not permitted to anyone under the age of 18. If you do not qualify, you are not allowed to use the System.
4. Responsibility for registering information pool- In the event the Information Pool Registry requires registration of the information pool you intend to use via the System, the responsibility to register applies strictly to you.
5. During your acceptance as a Client and opening your account, you are required to submit your current exact contact information, and in the event you act on behalf of an entity, the information of the entity.
6. The Company grants you the right to use the System, which is a right to personally use the System, i.e. computing and managing your Permitted Pool of Recipients, editing, designing, wording messages and sending them via the System. The Company is not responsible for registering the recipient pool and/or for any other action except for granting tools to manage and send messages based on the data and lists.
7. The right of use is granted solely to you, in the framework of the Agreement, and you are not permitted to transfer to any other and/or allow use of it to anyone but yourself. The above mentioned shall not limit the Company from granting the right to use the system to any other entity according to its sole discretion.
8. In the event you register for the service on behalf of a company or any other entity, you confirm and commit that you are authorized to accept these terms on its behalf.
9. You hereby commit that you will not make any improper use of the Mailing System and you shall not violate any relevant law and/or ruling by using the System.
10. Consideration for using the System and payment terms- The Client shall be charged in accordance with the various payment and service tracks which he approves in the price quote sent separately, which shall be an appendix to the Agreement with the Company.
11. The Company has the exclusive right to deny access to a Client to the system, in the event of breach ofthe payment terms towards the Company as determined by the Client's consent to the price quote, until the payments are resolved.
12. Insofar as necessary from time to time to provide the service people of the Company remote access to the computers and other systems for the purpose of solving problems arising during your use of the System, you hereby waive any claim for damages caused by problems which may arise as a result of said access, including but not limited to any disturbance or damage caused by the Company and/or its employees.
Anti-Spam Policy
1. You hereby commits not to make any use of the System, which constitutes a breach of any law, whether in Israel or elsewhere, including the Spam Law and/or any other law regarding sending emails which are relevant to your jurisdiction and activity.
2. You are strictly prohibited from using the System to send emails to recipient pools which belong to third parties and/or to recipient pools which are not permitted and/or to email addresses which were obtained by software which collects various email addresses and/or any email address that does not comply with the requirements of the Spam Law.
3. For the removal of any doubt, it is prohibited to send advertisement messages via email without the explicit consent of the recipient.
4. The Client using the System is the "Advertiser" and/or the "Sender" as defined in the Spam Law relevant to its jurisdiction and in each email message you send it must be specifically stated that it is sent via the Mailing System.
5. You are obligated to explicitly and clearly indicate in every message sent via the System that you are the Advertiser. In the "from" line of each email sent via the System the identity of your entity, the product or your service must be stated. The "Subject" line of each email sent via the System shall not contain any misleading content regarding the general topic of the email message.
6. It is prohibited to send emails in the name of a different entity.
7. You must clearly state your identity and current contact information in each message, as necessary by law. It is gravely prohibited to enter deceptive contact information. The Company is entitled to add to outgoing letters messages which explain the identity of the Client, the pool, the recipients' rights and other technical information. The Company's right does not create an obligation to do so and/or does not impose any type of responsibility if it does not do so.
8. Automatically and as a default to the System, attached to each message sent from it, is the option for the recipient to remove itself from the mailing list using Publicators' "remove" link. You are gravely prohibited from acting in any manner to amend/hide/remove said link.
9. You must immediately remove from your mailing list any recipient who requested that you do so in one of the manners specified in the Spam Law (as opposed to requests perceived and executed automatically by the recipient pressing the link for removal from Publicators' internal mailing list).
10. The System automatically and as a default, attaches to each message sent from it, an option for the recipient to report an email message sent to it as a spam message. You are gravely prohibited from acting in any manner to remove said link.
11. In the event the Company receives a spam complaint and a demand from an end recipient, whoever it may be, to receive the information of the Client sending what it considers to be spam, the Company will immediately respond to the request and transfer the Sender's information as submitted to the Company during the engagement.
12. Publicators has entered into agreements with various communications providers which report spam messages which come from their servers. In the event many spam reports are received from recipients and/or communication providers, the Company may stop sending the campaign, prevent access and/or immediately close the account of a breaching Client, with no advance warning in order to minimize damages and prevent ongoing creation of negative reputation to the Company's servers, and you commit to indemnify the Company for the damage caused from such directly or indirectly. Additionally, the Client will not be credited for the payments paid for activity which was not executed due to said breach.
13. During the years since the Spam Law came into force, Publicators received various complaints and general requests from various end recipients not to receive any more emails from the Publicators' System no matter who is the Client Sender. These email addresses have been and will be blocked by the Company due to the requests, unless you can supply Publicators with explicit proof that a specific end recipient subsequently requested to receive emails from you, and only then the Company will remove the blockade.
14. You hereby certify that you know the Company is not responsible to verify that you indeed fulfil the requirements regarding the Spam Law and all responsibility for transgressing shall be borne by you. Without derogating from the above mentioned, if you receive a complaint regarding illegitimate distribution of mail via the Company's servers, please contact the Company immediately so that the Company will check the complaint. Contact can be made by email to help@publicators.com or by phone +972-9-7462723.
15. In the event you use the System through a service or an internet site of a third party, you hereby commit to fulfil these terms of use, despite any different agreement you may have with the third party. It is hereby clarified that you may not use the services of a third party to avoid the limitations detailed in these terms of use.
16. In the event you use the services of said third party, the use shall be on your own responsibility. You agree and confirm that the Company may at any time stop the third party's ability to connect to the System, with or without advance notice, in its sole discretion and without the Company being responsible for the damages from said activity towards you or towards any third party.
Responsibility for Contents of Messages
1. The Client is the one who shall supply all of the content to be included in the emails, messages, pamphlets, and/or landing pages which are mailed toyou by the Company. The Company is not responsible for the truthfulness of the content, retention of its entirety or compliance with any law. The Client is the one who shall submit the content to the System, and by doing so you confirm sending the content you submitted to the System, to the recipients.
2. You hereby declare and confirm that you have the right and entitlement according to any applicable law to use the content which you are using to create email messages through the System, and you will not send material that breaches any copyrights and/or intellectual property and/or a right to privacy and/or hurtful content of any type.
3. You hereby represent and warrant that you shall be subject to the prohibitions of sending material which contains the following content:
  1. Any material which is hurtful or breaches intellectual property rights of others, including copyrights or trademarks.
  2. Any pornography or other sexually explicit material or which may offend the public's feeling or objectionable by its nature.
  3. Any material pertaining to minors that makes them recognizable, their personal information, address or method of contacting them.
  4. Any material pertaining to illegal goods, for example but not only, drugs, illegal medication, pirated computer software, instructions how to assemble or create bombs, grenades or other weapons.
  5. Any computer software, computer code or application which contains a virus, including hostile software known as a Trojan horse, worms, vandals, malicious applications, etc.
  6. Any material which is either illegal or encourages, supports, assists, provides instructions or directions to execute a criminal offense according to the laws of the State of Israel or any other law relevant to your jurisdiction.
  7. Any material which promotes, encourages or participates in pyramid schemes or in affiliate marketing businesses for job offers which promote get rich quick ideas, building wealth or financial independence.
  8. Any material which is considered libel, a threat, harassment, scandalous, harms privacy and/or constitutes incitement.
  9. Any material for which advertisement is prohibited according to any law.
  10. Any material which advertises contents which support, promote or encourage in any other manner, violence against governments, organizations, groups or individuals, or supplies guidance, information or assistance in causing or committing violent acts.
  11. Any material which provides content, including images which belong to writers, artists, photographers or other artists without the owner's explicit written consent.
  12. Any material which possesses attributes or content which is harassment, hostile, threatening, vulgar, racist, offends the public's feelings, may be the basis of a civil lawsuit or constitutes a different breach of Israeli law or the law relevant to your jurisdiction.
  13. Any material which may deceive consumers as detailed in the Consumer Protection Law 1981.
  14. Passwords, usernames and other information which allows use of computer software, digital files, internet sites or services which require registration or payment, without registering or paying.
4. You hereby confirm that the Company may add to each mailing which you send via the System or to each landing page created by the System, a link worded "Powered by Publicators" or something similar, subject to the Company's sole discretion. The link may direct to the Company's site and/or the Company's landing pages.
5. You hereby confirm that you are aware that the Company is not responsible to make sure that you indeed fit the criteria regarding the above mentioned content and any responsibility for breaching such shall apply solely to you. The Company shall not bear any responsibility regarding messages distributed via the System, including their content, results of advertisement, authenticity, anguish or other damage they cause Clients, recipients or any third parties.
6. In the event of any attempt to misuse the rights granted to you upon activating your account with the Company, the Company may block all emails, suspend the Client's account fully and/or partially and/or permanently close the account with no advance notice and in accordance with the Company's sole discretion.
Proper Use of the System- Prevention and Indemnity Actions
1. This is an agreement to provide services and grant access to the Company's internet site. You hereby confirm that in the Agreement you are not receiving a license to use any software.
2. Mailing unacceptable content and/or mailing to pools that do not fulfil the criteria of the relevant law, i.e. sending junk mail and/or spam, could result in a chain reaction which at the end will lead to blocking the Company's mailing servers and as a result damage other clients using the System. The Company therefore has the sole authority and discretion to stop any delivery which actually causes, or which has been brought to its attention that may cause, problems in the proper activity of the Mailing System, to prevent the Client from delivering the mailing until the necessary amendments are executed to prevent the problems and/or to close the account and immediately prevent access, all with no prior notice.
3. The above mentioned is relevant also if your sending data exceeds the "normal" amount acceptable in the Company based on Publicators decision, in its sole discretion, regarding data collected on the results of your delivery, for example: concentration of invalid email addresses and/or multiple reports of spam and/or other inspection systems the Company uses to monitor unusual use of the System.
4. You hereby declare and commit to indemnify the Company, its business partners, license providers, suppliers, functionaries, managers, workers, distributors, agents and clients for any obligation by law and/or loss, commitment, compromise, expenses and damages of any type, including reasonable legal expenses in the framework of legal proceedings and in general with any lawsuit or claim deriving from (i) alleged breach of the Agreement, (ii) content or results of email messages distributed by the System, (iii) any other way or connection to your use of the System. This commitment is absolute and irrevocable.
Traffic Volume
1. The traffic volume supplied to every message sent from the Mailing System is limited by the Company and subject to changes based on its sole discretion. The current limit is KB256. The Company commits to give notice of every change at a reasonable time prior to its execution. The notice of the change will be advertised in the Mailing System.
2. The Company may allow Client an exception to this limitation and charge for such.
3. The Company allows for storage on the Company's servers, material regarding Client's campaigns. Each client is allocated storage volume of MB 40 for the term of their activity. Cost of storage beyond said amount shall be priced separately and according to necessity.
4. You are prohibited from using the volume and/or various modules allocated for your benefit in the System in order to store material which is not relevant to your use and/or to use one of the modules in the System not conducive to electronic mailing, for example: to implement images from the System to your site, to create landing pages for your site and/or mini site, etc.
5. The System saves and presents your account's activity data only for the period of the last two years of your activity. Older data will be automatically deleted in a manner that cannot be restored.
6. In the event of any notice of closing an account, either by you and/or the Company, the data existing in the account will be saved only for a period of 3 months, after which the Company may delete this data from the Mailing System, in a manner that cannot be restored.
7. If no activity (i.e. sending electronic mailing campaign to a list of recipients) is done in your account for a period which exceeds 180 days, the Company may close your account and/or delete its data with no advance notice to the Client. However, the Company does not commit to close and/or delete the information at the end of the term, but it does commit not to make any use of it beyond as defined in these terms.
Professional Responsibility for Traffic
1. You are aware that not all emails sent via the system are received by their recipients.
2. The Company shall do all in its power so that the email messages are sent authentically and quickly and that the Mailing System works properly. However, since the service depends also on availability and viability of the internet network and the ever changing policy of the email and infrastructure providers, the Company shall not be responsible for damage caused to you or your subscribers by sending, not sending, disruption or delay in messages caused by fault of the internet network and/or change in the policy of the infrastructure provider.
3. Our professional responsibility includes making contact with the various internet and mail suppliers in the event of a problem in delivering mailing to a certain supplier as well as fixing any problem in the Mailing System which is in the Company's control. Despite the above mentioned and the great investment in ISP relations, the Company cannot commit that there will be no problems in this matter, amongst others due to policies of various internet suppliers which are not permanent and not dependent on the Company. However, the Company commits to invest efforts and technology in order to solve any problem which may arise and it is able to fix.
Technical Support and Consultancy
1. Phone support for basic and operational explanation of the System is granted by the Company's support department on Sunday- Thursday (excluding Jewish holidays) between 09:00- 17:00.
2. In the event special consult in necessary, the Company offers a senior technological support team who can provide you with any answer and/or examine the feasibility of technological development and interfacings which you wish to implement in the Mailing System.
3. Technical support which is not basic and special consult will be granted for a fee and according to your acceptance of the relevant price proposal.
Maintaining Confidential Access and Information to Your Account
1. The Client and anyone on its behalf allowed to use the System, are responsible for keeping its account name and password confidential.
2. You must immediately inform the Company's representative of any unauthorized use in your account if such occurs.
3. The Company is not responsible for any loss if caused by stolen passwords or accounts that were hacked. The password can be changed at any point through the System and the Company recommends changing your password often.
4. The Company will accept instructions from any person who claims to be authorized to make changes in your account, insofar that the person identifies your username and password online, by email, by phone or by a third party service that has access to the System. The Company is not responsible for actions of a person misusing or stealing your contact lists or other assets by using you username and password.
Company's Responsibility for Maintaining the Information and Damages
1. Your use of the System and reliance on the System, as well as any action taken due to the use or reliance is your own responsibility. The Company does not commit that the System will be flawless and/or error free and does not give any representations regarding the results that can be obtained from using the System, including but not limited to successful mailing transmissions. The System is supplied "As is" and the Company renounces any responsibility, explicit or implied, including responsibility regarding tradability, appropriate for specific use or lack of breach. The only relief you are entitled to for any failure of the System shall be activating reasonable effort of the Company to fix the System or make it appropriate.
2. To the maximum extent allowed according to the governing law, in any event and according to any other law, the Company, its service providers, business partners, information providers, billing suppliers licensors, functionaries, directors, employees, distributors or agents (hereinafter in this section: "the Company") shall not bear any responsibility towards you or any other person for any financial damage, whether directly or indirectly, specific, tangential, consequential or damage due to reliance, even if the Company received warning of the possibility of these damages, or for any lawsuit by any other party. Without derogating from the above mentioned, in the event it is determined in a conclusive court ruling that the Company shall bear such damages towards the Client for any reason and regardless of the type of claim (whether contractual, torts (including negligence) responsibility for goods or other), the Company's responsibility to you regarding such claim deriving from the Agreement, shall be limited to the claims filed no later than 21 months from the day the cause of claim arose and is limited to the amount you paid for the System in the 12 months prior to the occurrence of the cause of the claim, minus all other compensation paid to you by the Company during those 21 months.
3. The Company, its employees and anyone on its behalf shall not be responsible for any activity or lack of activity deriving from circumstances beyond their control, including force majeure, fire, war, terror, disruption of public order, action or inaction of communication and or internet supplier or restrictions placed by it, laws, regulations, governmental injunctions or other causes which are not in control of the Company, its employees and anyone on its behalf.
4. Without derogating from the above mentioned, you commit that your employees, workers, agents and any person or entity connected to you or anyone on your behalf or who will deal with executing the service or related to it or deriving from it, if relevant, shall directly accept upon themselves the full responsibilities in these terms of use and/or Agreement.
5. The electronic mailing shall be executed on the basis of the Company's mailing servers which are stored on a secured server farm.
6. In addition to the basic server hosting package, the Company purchased from the server farm on which the servers are stored, firewall services.
7. Despite the daily backup which the Company performs, the Company is not responsible for the manner in which the backup is done, its intactness and restoration in the event of lost data, and therefore the Company recommends that Clients perform independent backup of their distribution lists in order to prevent loss of data in the event of a problem as detailed supra.
8. Restoration of data that was damaged and/or erased shall be done by the Company upon your request, charged based on an hourly rate of 290 NIS plus VAT. For the removal of any doubt, the possibility to restore data is subject to many factors and the Company is not responsible and does not commit that the restoration will be successful, fully or partially.
Ownership, Copyright and Intellectual Property
1. Publicators Ltd. � all rights reserved.
2. The Company's internet site and all information therein constitutes exclusively Publicators' intellectual property and is protected from unauthorized copying and distribution by the Company, the local law, copyright laws, trademark laws, international treaties, and local and international intellectual property laws.
3. The commercial names of the Company are lawfully protected by trademark. The name of the Company and its products constitute protected trade names and commercial marks. You may not present, deliver, copy, publicly distribute or transfer to third parties, any part of the above mentioned without the Company's prior written consent.
4. Trademarks on the Company's site and System are the exclusive property of the Company and cannot be used without its prior written consent. You may not make use of the patterns or the codes presented to you on the System, nor sell or distribute in any manner.
5. You are aware that payment for use of the System does not entitle you to ownership of the System, fully or partially, nor any copyrights pertaining to it nor any intellectual property, including its codes, images, built in content or any other part which was not added by you. You are also aware and agree that other Clients use the patterns, codes etc. for their purposes.
6. You hereby commit you will not execute, directly or indirectly, any reverse engineering, compilation, dismantling or any other attempt to discover the source code, object code, or the structure or algorithms of, or which are included in the System or any part thereof, or any documentation, software, or data pertaining to the System. You additionally commit not to remove any messages or property labels from the System or any part thereof, and shall not copy, distribute, encumber, assign or transfer in any other manner, other rights in the System or any part thereof.
7. You are not permitted to present, copy, duplicate or distribute the System or any part thereof, any documentation supplied regarding the System or any part thereof, or any content, including but not limited to newsletters distributed by the Company pertaining to the System.
8. Intellectual property rights in the content: You hereby commit not to upload or transfer any contact lists, communications or content of any sort to this internet site or with regard to the System, which breaches or harms third party rights. By submitting ideas, inventions or content to this internet site or using them in relation with the System, you agree that such submission is not confidential for all intents and purposes. In the event of any such submission, you hereby confirm that you will not send or transfer via the System to the Company or any third party any communication or content which harm or breach any rights of any third parties. When submitting business information, ideas, inventions or content to the Company via email, you agree that said submission is not confidential for all intents and purposes. Any submission to this site and when submitting business information, ideas, inventions or content to the Company via email, you automatically grant the company or commit that the owner of the content or the intellectual property specifically consented to grant a worldwide, irrevocable, perpetual nonexclusive license, without royalties, to use, copy, create derived work, amend, publicize, edit, translate, distribute, execute and present this content in any manner.
9. The Company commits not to make any use of your information data pool for any reason other than that stipulated in the Agreement.
10. The Company hereby commits not to transfer and/or present your information data pool, fully or partially, for consideration or for free, to any entity or person, including marketing entities and advertising entities and not to dispatch any message or document without your written consent.
11. The Company may, in its sole discretion, sell the ownership and/or the right to operate the System and the initiation and management of the accounts to any other entity who will take its commitments upon itself.
Updating Versions and Maintenance � Availability- Uptime
1. The Company warrants that the annual availability of the system will be reasonable, except for planned maintenance work and/or unexpected problems with the Mailing System and/or the communications company.
2. In the event of planned work on behalf of the server farm or supplier of server farm, upon knowledge, the Company shall advertise notice of such on the Mailing System.
3. The Company may, in its sole discretion, at any time, and without giving you advance notice add and/or change and/or subtract from the Company's site, components of the System, user interface, its various tools (form generator, surveys, etc.), visibility and abilities and you shall have no claim and/or demand and/or plea against the Company on this matter.
4. In the event of emergency maintenance work and/or in the event of updating versions, the Company shall publish a notice as soon as possible prior to the maintenance work and/or the version update or an explanation subsequent to the maintenance work in the event of an emergency. The notice will be advertised in the Mailing System.
5. In the event of closure of the System due to force majeure, or an event that is not dependent on the Company, the Company shall do its best, under the circumstances, to return the System back into working manner as fast as possible.
Validity of Agreement and the Terms for Cancelation
1. This Agreement shall be effective upon signing and is for an unlimited period. The parties may end this Agreement at any time subject to prior written notice of 30 days to the other side. No credit will be given for commissions already paid.
2. In the event the Client elects to end this Agreement, you are responsible for closing the account and bringing this Agreement to an end, and the Company shall not be responsible for any failure of the Client pertaining to closing the account and bringing this Agreement to an end or for the charges on credit cards and commissions which you will be charged due to said failure.
3. Despite the above mentioned, the Company shall be entitled to immediately terminate the Agreement with you with no prior notice in the event that the Company is concerned, in its sole discretion, that continuing granting the services to the Client constitutes a breach of the law and/or may result in problems in the Mailing System due to your lack of compliance with the criteria defined in this Agreement' or for lack of compliance with the defined payment terms. You hereby waive any claim and/or demand towards the Company on this matter and in such event no financial credit will be granted and you shall bear all expenses caused to the Company as a result of breaching the Company's policy.
4. Without derogating from any legal remedies to which it is entitled by the Agreement and/or by law, upon termination of the Agreement, the Company may demand and receive all of the amounts you owe to the Company at that point in time, including changes in the consumer price index and interest.
5. Upon termination the Company reserves the right to permanently delete the Client's data without the ability to restore. The Company shall make reasonable efforts to contact you via email before such deletion.
Indemnification for Breach of Agreement and Damages
1. You hereby commit to indemnify the Company for any damage, loss, consequences or expenses, including but not limited to legal expenses pertaining to any claim or demand deriving from an alleged breach of the Agreement, deriving from content or results of email messages distributed by you via the System, or deriving from any other use you made of the System.
2. You confirm and agree that the Company has the right to demand compensation for any damage caused by your user or anyone on your behalf's use of the System for illegal purposes, in an illegal manner, or in a way that does not comport with the Agreement, and that such compensation will pertain to any damage of any type, including direct, indirect, specific, tangential, consequential or damage due to reliance on the Agreement, its execution or terms.
3. As mentioned in section J.1. - The use of the System and any reliance on the System, its existence, intactness and components, including any action you took due to use of the System or said reliance, is your own responsibility. The Company does not claim or represent the System is flawless and has no problems and does not give any representations regarding the results that can be achieved from the use of the System. The System is supplied "As is" and the Company renounces any responsibility, explicit or implied, including responsibility regarding tradability, appropriate for specific use or lack of breach. The only relief you are entitled to for any failure of the System shall be a reasonable effort by the Company to fix the System or make it appropriate.
Confidentiality
1. The Client and the Company warrant to each other that they, directly and through their employees, representatives, or anyone on their behalf, will abstain from transferring and keep completely confidential any commercial or other information that they will obtain due to the Agreement, to any foreign entity, unless received from the other party advance written consent. This obligation is not limited by time and shall remain in effect also if the parties cut all ties amongst them. This Agreement shall not apply to information that is public information. The confidentiality restriction detailed supra shall not apply if either party is required to disclose information according to any applicable law and subject to a specific stipulation in this matter given to either party by an Israeli court.
Exclusive Jurisdiction
Authorized courts in Tel Aviv shall have the exclusive right to hear any dispute pertaining to this Agreement, its interpretation and execution.
Notices
Any notice sent by registered mail according to the address of the other party shall be considered as if it reached its destination within 72 hours of being sent. If hand delivered- at the time of delivery and if sent via fax- on the day after its successful transmission and receipt of a printed confirmation from the fax machine from which it was sent.