of our website. You may not use the product if (a) you are not of legal age to form a
binding contract with us, or (b) you are a person barred from receiving or using the Site
under the laws of the United States or other countries, including the country in which
you are resident or from which you use the product.
Any person who wishes to use our website must agree to this Agreement, as well as all
policies and guidelines incorporated by reference in this Agreement.
This Agreement is a legally binding agreement between you and eSpeedCheck.
BY USING OUR PRODUCT, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT,DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE THE SITE.
By using this site you acknowledge that eSpeedCheck site will not be liable for any damages,
claims or other liability arising from and / or related use of Web sites owned by third parties.
Acceptance of terms
We reserve the right at our sole discretion to suspend, remove, or disable your access to eSpeedCheck at any time and without notice. In no event we will be liable for the suspension, removal of or disabling of your access to eSpeedCheck or to any feature available therein.
We may at any time, with or without notice, terminate the Agreement or block or disable your access or use of the Product if:
- We believe that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable tocomply with the
provisions of the Agreement).
- We required to do so by law (for example, where the provision of the Product to you is, or becomes, unlawful).
- We transitioning to no longer providing the Product to users in the country in which you are resident or from which you use the Product, or the provision of the Product to you by us is, in our opinion, no longer commercially viable.
- We believe that your use of the Product may infringe or violate the rights of a third party or subject Licensor to civil or criminal liability.
- All of the provisions of this Agreement which, by their nature, are intended to survive termination hereof (including, without limitation, all provisions relating to indemnification, disclaimer of warranties, indemnification, intellectual property rights, limitation of liability, applicable law, jurisdiction and venue, class actions and general matters), shall do so.
“Intellectual Property” – including any and all trade secrets, patents, copyrights, trademarks, service marks, URLs, trade dress, brand features, knowhow, moral rights, contract rights, code (executable, source and other) and similar rights of any type under the laws of any applicable governmental authority, or international treaty, including, without limitation, all applications and registrations relating to any of the foregoing. Intellectual Property shall mean all intellectual property whether registered or not and whether reduced into practice or not.
All content on the site, including text documents graphics software, etc., as well as trademarks, logos, are solely owned by us or licensed to us. eSpeedCheck has the right to edit, delete, distort, modify or move user content from the Site without notice for any reason at any time. Additionally, eSpeedCheck has the right to refuse to transmit, email, post or broadcast any content without notice for any reason at any time.
You agree to indemnify and to hold eSpeedCheck ("Indemnifying Party") site harmless, and indemnify eSpeedCheck from and against any expenses (including attorney fees) arising from claims of third parties made against or incurred by the Indemnified Party as a result of negligence, misrepresentation, error or omission on the part of the Indemnifying Party or any employee, agent or representative of the Indemnifying Party, or any breach of this Agreement by the Indemnifying Party, regardless of whether such claims were foreseeable by the Indemnified Party. The Indemnified Party will have the right to participate, at its expense, in the defense of any claim covered hereunder with counsel of its own choosing. The Indemnified Party shall give the Indemnifying Party prompt notice of any such claim and shall reasonably cooperate with the Indemnifying Party and its counsel in the defense of such claim.
eSpeedCheck DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, ALL CONTENT ON THE SITE IS PROVIDED "ASIS". eSpeedCheck DOES NOT WARRANT THAT THE LICENSED SITE IS ERRORFREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SITE WILL MEET DISTRIBUTOR'S OR THE END CUSTOMER'S REQUIREMENTS.
IN NO EVENT WILL LICENSOR, OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, MEMBERS, ADVERTISERS, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, DATA OR USE OF SYSTEMS, ARISING OUT OF (i) USE OF THE PRODUCT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, ORANY DELAYS, INACCURACIES, DEFECTS, MALFUNCTIONS, ERRORS OR OMISSIONS IN, ANY INFORMATION, CONTENT OR SOFTWARE ACCESSED VIA THE PRODUCT, OR (ii) ANY USE OR INABILITY TO USE THE PRODUCT FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Limitation of liability
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, PRODUCT AND PLUGIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, LICENSOR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE PRODUCT, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERRORFREE; (II) THAT THE PRODUCT WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY REVIEW, RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE PRODUCT; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (VI) THAT THE PRODUCT IS NONINFRINGING. LICENSOR AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE LICENSOR AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS, OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF LICENSOR OR ANY OF ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
This Agreement shall be construed and enforced in accordance with the laws of ISRAEL, without reference to its conflicts of law principles. The courts located in Tel-Aviv Israel SHALL have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement and each party hereby expressly consents to the personal jurisdiction of such courts. A determination that any term of this Agreement is invalid orunenforceable shall not affect the other terms thereof. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
Changes to this agreement
YOU AGREE THAT YOUR CONTINUED USE OF THE WEBSITE, FOLLOWING THE POSTING OF ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, STOP USING THE SITE AFTER THE EFFECTIVE DATE OF SUCH CHANGES AND UNINSTALL THE PRODUCT.
We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features or nature of the website, we provides may change from time to time without prior notice to you. We may also cease or discontinue providing the product or upgrades at any time.
You can contact us about these terms by emailing us at:support@eSpeedCheck.com