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Terms Of Use 

Terms Of Use

Updated November 2016

IMPORTANT INFORMATION - PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE (as defined hereunder).
THIS WEBSITE, www.Spartans.tech (the “Site”), is owned and operated by us. Any use of this site or the services available on the site from time to time ("Services"), is subject to and conditioned upon your assent to and compliance with, all of the terms and conditions in this terms of use agreement (the “Agreement”) which also incorporates our privacy policy. By using the Site or the Services you signify your consent to be bound by this Agreement and that you are of legal age to form a binding contract. If you do not agree with any of the terms and conditions of use, please do not use this Site and do not use or access our Services.


We may amend this Agreement at any time by posting the amended terms on the Site. Our employees are not authorized to deviate from or amend this Agreement. Your continued use of the Site or Services shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site or the Service. This Agreement may not be otherwise amended.


Eligibility.

You may not use the Site and the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Company, or (b) you are a person barred from using the Site or the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Site and/or the Services. Subject to applicable law, Company may, in its sole discretion, refuse to offer the Site and the Services to any person or entity and change its eligibility criteria at any time.
Service. As used herein, the Service shall mean the services provided to you under and subject to the terms of this Agreement through the Site, including all revisions, improvements and/or updates and related documentation to the extent provided by Company. You hereby acknowledge and consent that the Service is provided for your use under the terms detailed below. 


Title & Ownership.

All right, title and interest in and to the Site, the Services and the content therein, and associated intellectual property rights (including, without limitation, patents, copyrights, trade secrets, trademarks, etc.), evidenced by or embodied in and/or attached/connected/related to the Services, are and will remain with Company. The Services are a valuable trade secret of Company and any disclosure or unauthorized use thereof will cause irreparable harm and loss to Company. For the avoidance of doubt, all results pertaining to the operation of the Services and all feedback and comments arising from the use of the Services under the terms of the Agreement shall be considered Company’s confidential information. This Agreement does not convey to you an interest in or to the Services, but only a limited right of use revocable in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of Company’s intellectual property rights under any law.


Prohibited Uses.

Except as specifically permitted in this Agreement, you agree not to (and not to permit any third party to): (i) sell, lease, assign, transfer, pledge, or share your rights under this Agreement with/to anyone else; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance the Services; (iii) use or attempt to use the Service for competitive analysis or benchmarking of the Service, or to develop a competitive service or directly compete with the Service; (iv) use the Service to store or transfer any tortious, illegal or infringing materials, (v) use or attempt to use the Service, or provide us with any data, in violation of any third-party rights of any kind, including without limitation any privacy, intellectual property, confidentiality or contractual rights, (vi) use the Service to transfer any viruses, worms, trojans or other items of a similarly destructive nature.


Your Responsibilities. 
The Service may allow you to provide data through third party products and service providers from whom you provide Company with data (collectively, “Third Party Platforms”). You shall be responsible for compliance your own, and all Third Party Platforms', terms of service and privacy policies. Without limiting the foregoing, you agree to comply with third party terms of service and privacy policies for all third party analytics providers and other services that Company provides with data at your request, or that you request to provide Company with data. Company is not responsible for any act or omissions of any Third Party Platform.


You shall also be responsible for maintaining the security of the Third Party Platforms, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the account or the Third Party Platforms with or without your knowledge or consent.


You agree to:
Use the Service for lawful purposes only and in compliance with any policies posted to the Site or conveyed by electronic notice;
Not use the Service in a way that prevents or inhibits another user from enjoying the Service;
Not obtain the communications protocol for accessing the Service;
Not remove, obscure or alter any notices or indications of any intellectual property rights, any trade names, trademarks, service marks, logos, trade dress, and any other distinctive or proprietary symbols, labels, designs or designations, or any electronic notices;


Not interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the Service servers;
Not to take any action that imposes an unreasonable or disproportionately large load on Our infrastructure; and
Not to challenge or assist others to challenge Company rights in its intellectual property rights or registration or applications thereof. You agree to promptly notify Company of any violation of this Section, or otherwise of this Agreement.


Your Feedback.

 You represent and warrant that  any input or feedback regarding the Services which you provide to Company ("Feedback"), shall not knowingly provide infringe upon or knowingly cause the infringement upon any third parties' intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback shall belong exclusively to Company and that such shall be considered Company's confidential information. It is further understood that use of Feedback, if any, may be made by Company at its sole discretion, and that Company in no way shall be obliged to make use of any kind of the Feedback or part thereof.  

 

 You represent and warrant that  any input or feedback regarding the Services which you provide to Company ("Feedback"), shall not knowingly provide infringe upon or knowingly cause the infringement upon any third parties' intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback shall belong exclusively to Company and that such shall be considered Company's confidential information. It is further understood that use of Feedback, if any, may be made by Company at its sole discretion, and that Company in no way shall be obliged to make use of any kind of the Feedback or part thereof.  


Third Party Suppliers


This Site may contain links and references to websites of others. Company may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. You are recommended to review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites. Company do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event will Company be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website. Company encourage you to be aware when you leave the Site, and to read the terms and conditions and privacy policy of such other website/s that you visit.


Save to the extent required by law, Company has no special relationship with or fiduciary duty to you. It is understood and agreed that Company has no control over, and no duty to edit or review for accuracy or appropriateness any information or data provided by you or information provided by any supplier offering services or programs by means of the Site (“Third Party Suppliers”). 


Company does not provide any warranty whatsoever, neither on behalf of itself nor on behalf of any Third Party Supplier, with respect to any services of Third Party Suppliers. It is hereby made explicitly clear that Company shall not be held responsible for any acts and/or omissions on the part of any Third Party Supplier.

Warranty Disclaimer 
THE COMPANY REPRESENTS AND YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND AND COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFIRINGMENT AND DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED ERROR FREE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES AND ANY ACCOMPANYING WRITTEN MATERIALS REMAINS WITH YOU. 

 

No Liability for Damages 
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION, AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 
IN NO EVENT WILL COMPANY’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES OR THE USE OF THE SERVICES EXCEED $1,000. 


Termination.

You may terminate this Agreement at any time by ceasing to use the Services. We may terminate this agreement or cease providing you the Services at any time. This Agreement will terminate immediately without notice, upon your failure to comply with any provision of this Agreement or otherwise a material breach of any of the terms in this Agreement. Upon termination you shall no longer have access to the Services. 


Governing Law & Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, and the competent courts in Tel Aviv, Israel shall have the exclusive jurisdiction over any dispute arising from, or in connection to, this Agreement.