1.2. The TOU is an agreement between the owners and operators of the Startup Evaluator website under "www.miranor.co.il/evaluator" (the Site), and You. By using the Site for any purpose other than accessing and reading this TOU for the first time, You agree to comply with the terms and conditions hereof. If You do not agree to accept the TOU, do not use the Site.
1.3. You are solely responsible for obtaining and maintaining all the computer hardware and software needed to access the Site, including paying all the related fees and charges. The Site will not in any way be responsible for Your ability to use the Site and Services.
2.1. The TOU that appears on the Site (accessible via the link at the bottom of every page on the Site) is the applied and the most current version of the TOU.
2.2. The Site reserves the right to modify or remove any part of this TOU, or to add new conditions at any time, with or without notice.
2.3. Any use of the Site after the TOU has been updated shall be deemed to constitute the acceptance of such changes by You, regardless of whether You received any notification of such change or not.
3.1. You shall use the Site for lawful purposes only.
3.2. You shall not restrict or inhibit others from using this Site by any means, including, but not limited to, a distributed denial of service (DDoS) attack. You shall not harvest or otherwise collect any information about other users of the Site, including, but not limited to, IP and email addresses.
3.3. You may not modify the content, aspect, or feature of this Site, other than as explicitly permitted by the Site's user interface.
3.4. The Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, and graphics. The entire content of the Site (except when expressly stated otherwise) is copyrighted as a collective work under the applicable copyright law. The Site owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. In the event of any copying, redistribution or publication of the copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You do not acquire any ownership rights by copying or downloading copyrighted material.
4.1. The Site may use a third party web analytic mechanism for collecting usage statistics. No personal information of visitors will be stored on the Site or shared with any third party except as required by law or to the extent that is required for the operation of the aforementioned mechanism.
4.2. The web analytic mechanism may create cookies for a better usage statistics calculation. The cookies will not be used for any purpose other than specified herein.
4.3. The web analytic mechanism may store IP addresses for a limited period of time for a better usage statistics calculation. No personally identifiable information, including IP address, will be shared with any other party, unless required by law.
4.4. The Site may create cookies for storing Your input temporarily for Your convenience only. The cookies are automatically destroyed when You close the browser.
4.5. The Site may collect Your input and store it on the server for usage statistic. The input is stored with no personally identifying information, including IP address.
4.6. Any and all of your input, as well as the report which was produced based on your input, is considered a personal information. It will not be shared with any third party, and will not be published or revealed to any third party, either in part or in whole, without your explicit permission
4.7. Notwithstanding the foregoing, Your Email address may be shared in the future with a mailing service (e.g. MailChimp) to provide You with a better emailing service. This will only be done if you explicitly agree to receive any messages from Miranor and, separately, from the said service (except for the one-time invitation to subscribe to the said service).
4.8. Even if You do not agree to accept messages from Miranor, by providing Your Email you agree to receive to your email the report generated by the Site.
4.9. By sending any message to any email address on the Miranor site or by replying to any message sent to You by Miranor, you agree to receive additional messages related to the subject of the original message.
5.1. YOU EXPRESSLY AGREE THAT YOU USE THE SITE AND ANYTHING PRODUCED BY THE SITE AT YOUR SOLE RISK. NEITHER THE SITE NOR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
5.2. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
5.3. THE FOREGOING DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MIRANOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5.4. IN NO EVENT WILL ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL THE CONTENT ON THE SITE.
5.5. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE SITE NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR NON-TIMELINESS OR NON-AUTHENTICITY OF THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
5.6. FORCE MAJEURE: NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PERFORMANCE OF THIS AGREEMENT MAY BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
5.7. You agree to defend, indemnify and hold harmless The Site, its affiliates, and their respective owners, directors, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by You.
6.1. SOME OF THE LINKS ON THIS SITE MAY LEAD TO OTHER SITES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THIS SITE, AND THE SITE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE SITE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THE SITE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY KIND OF ENDORSEMENT BY THIS SITE.
6.2. The names of actual companies and products mentioned on the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
7.1. Completeness: This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
7.2. This Agreement shall be construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
7.3. The section headings used herein are for convenience only and shall not be given any legal import.
This agreement was last modified on: July 20th, 2015.