ACCEPTANCE OF TERMS.
The following conditions shall apply to all Users:
- The Grow-Tec Website will be used only for lawful purposes and only in a lawful manner. While using the Grow-Tec Website, User shall comply with all applicable laws and regulations in all applicable jurisdictions and shall refrain from violating any law, any third party’s rights or this Agreement.
- User must be a natural person. Use of the Grow-Tec Website by internet bots, crawlers or any other automatic applications or codes, designated to retrieve and collect information, is not permitted.
- Upon learning of any Security Breach (as defined below) and/or any improper use of the Grow-Tec Website, User shall immediately report to the Company at [Email Address].
- The Company has the right to monitor User communications and may disclose any content and information about a User, including User communication and information, if the Company deems it reasonably necessary to: (i) conform to legal requirements or respond to a legal process; and/or (ii) ensure User compliance with this Agreement; and/or (iii) protect the rights, property, personal safety or interests of the Company, its owners, managers and employees, other Users or any third parties.
- Any violation of these Terms shall immediately revoke User’s right to use the Grow-Tec Website. The Company, at its sole discretion, may limit or refuse User’s access to and/or use of the Grow-Tec Website. The Company reserves the right to modify or discontinue the operation of the Grow-Tec Website (or any part or feature thereof) at any time and without notice. User agrees that the Company shall not be liable to him/her or to any third party for any damages caused by or connected to any limitation, refusal, modification, suspension or discontinuance with respect to the Grow-Tec Website.
The Company uses commercially reasonable computer security safeguards and protocols to protect the Grow-Tec Website and the Company’s databases and servers against misuse, loss or destruction of data and unauthorized access (each, a “Security Breach”). However, the Company does not assume any responsibility for any such Security Breach and does not guarantee that such Security Breach shall not occur or shall be fixed within any time frame.
INTELLECTUAL PROPERTY RIGHTS.
The Company owns or has a license or right to use all the elements and components of the Grow-Tec Website, including, without limitation, all visual interfaces, interactive features, graphics, design, compilation, computer code, products and software (collectively, the “Website Content”), and owns all rights and interest in and to the Website Content. The Company also owns or has a license or right to use any and all intellectual property rights associated with the Website Content, including, without limitation, all patents, copyrights, designs, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world, whether registered or not, which are protected by applicable intellectual and proprietary rights and laws. User may not modify, reproduce, distribute, create derivative works or adaptations of, reverse engineer, decompile, publicly display, or in any way exploit, any of the Website Content, in whole or in part, without the Company’s prior written consent. The Company does not grant to User any express or implied rights with respect to the Website Content, and all rights in and to the Grow-Tec Website and/or the Website Content are retained and reserved by the Company. Moreover, the term “Grow-Tec” and anything on the Grow-Tec Website, which identifies or distinguishes the Company from other companies, goods or services, constitute registered or unregistered trademarks and trade names of the Company (collectively, “Grow-Tecʼs Trademarks”). Except as otherwise permitted by law, User shall not display or use in any manner Grow-Tec’s Trademarks without the Company’s prior written consent.
LIMITATION OF LIABILITY.
The Company provides Grow-Tec’s Website and the Website Content “as is” and for informational purposes only.
The Company disclaims all implied warranties in connection with User’s use of the Grow-Tec Website, including, without limitation, the implied warranty of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Company does not warrant that the Grow-Tec Website and the Website Content will be accurate, error-free, virus-free or will operate without interruptions or that it will meet any specific requirements of User.
The Company does not: (i) guarantee the accuracy, completeness or usefulness of any information on the Grow-Tec Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party, which appears on the Grow-Tec Website. Under no circumstances will the Company be responsible for any loss or damage resulting from the reliance of User or any third party on information or other content posted on the Grow-Tec Website or provided by any other User or third party. The Company shall not be liable for any indirect, consequential, special or incidental damages or lost profits resulting from User’s use of or access to the Grow-Tec Website, whether based on breach of contract, breach of warranty, tort (including negligence) or any other legal theory. Without limiting the foregoing, User specifically acknowledges that the Company is not liable for any defamatory, offensive, infringing, breaching, fraudulent or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with User. These limitations apply to any matter related to the Grow-Tec Website or the Website Content, third party internet sites, programs, viruses or other disabling features. These limitations also apply even if the Company knew or should have known about the possibility of the occurrence of the aforesaid damages.
CHANGES TO THIS AGREEMENT.
This Agreement and all other policies governing the use of the Grow-Tec Website may be modified, changed or altered at the Company’s sole discretion, at any time and without prior notice. However, the Company will publish notices regarding any material changes to this Agreement; such notices may be posted on the Grow-Tec Website before they become effective. User agrees that User’s continued use of the Grow-Tec Website following any modifications, changes or alterations to this Agreement, will constitute User’s acceptance of such modifications, changes or alterations, and will conclusively demonstrate User’s acceptance of such modifications, changes or alterations.
- Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be replaced and deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision; the remaining provisions of this Agreement will remain in full force and effect.
- No Waiver. Any party’s failure or omission to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently.
- Assignment. User may not assign rights or delegate any duties under this Agreement. The Company may assign its rights or delegate its duties under this Agreement to any of its affiliates, successors or assignees.
- Governing Laws and Jurisdiction. This Agreement is governed by the laws of the State of Israel. Any and all disputes arising under or otherwise in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, and User hereby agrees and submits to the exclusive jurisdiction of such courts in connection with any disputes arising under or in connection with this Agreement.