TERMS & CONDITIONS
1. About EndoTech
EndoTech Ltd. (the “Company”), develops and operates the website: https://endotech1.wpengine.com/ (hereinafter: the “Website”) and the Company’s Software as a Service platform which enables our business customers to algorithmically invest in alternative assets by leveraging technologies that capture investment opportunities (the “Platform”) (the Website and the Platform all together hereinafter: the “Services”).
2. Acceptance Of Terms
- This Terms and Conditions (this “Terms“) govern all use by you as a user of the Services.
- The Services are owned and operated by EndoTech Ltd.
- You agree that the Company may change any part of the Services, including its content, at any time or discontinue the Services or any part thereof, for any reason, without notice to you and without liability.
- This Terms may refer to business owners who use the Services to provide business’ services to business’ clients or to such business’ clients as end-users, as the case may be.
- You declare that by acceptance of these Terms and/or by using the Services, you are of legal age to form a binding contract with the Company. If you are agreeing to be bound by these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not accept these Terms or use the Services on behalf of your employer or other entity. You may not use the Services and may not accept these Terms if you are a person barred from using the Services under the laws of the country in which you are a resident or from which you use the Services.
- The Company may, in its sole discretion, refuse to offer its Services to any person or entity. The Company further may, without notice and in its sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
- BY USING OR ACCESSING ANY PART OF THE SERVICES, (I) YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SERVICES OR AT ANY OTHER PLACE BY THE COMPANY, AND (II) YOU ACKNOWLEDGE THAT YOU ARE FULLY AWARE AND CAN BEAR THE ECONOMIC RISKS OF BEING INVOLVED IN SUCH FORMS INVESTMENTS (THROUGH THE SERVICES OR OTHERWISE) IN AN EXTREMELY VOLATILE AND HIGH RISK ENVIRONMENT AND THAT ANY MONETARY AND OTHER LOSES WHICH YOU MAY INCUR IN THAT RESPECT ARE FORESEEABLE AND ON YOUR OWN ACCOUNT ONLY. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
- If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Services. You agree that the Company does not need to provide you notice before terminating or suspending your use of the Services, but it may provide such notice in its sole discretion.
- Modification of Terms. You agree that the Company, at its sole discretion, may modify or replace any of the terms or conditions of this Terms at any time. It is your responsibility to check this Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing and otherwise using the Services.
3. Account Information
- Your use of the Website may require the creation of an account (“Account”). During the process of creating an Account, you will be required to insert your Full name, Country of residence, Phone number, E-mail address, API keys (in order for us to be able to connect the Services to the applicable cryptocurrency exchange) and any additional information as may be required by the Company from time to time (“Account Information”). You will also be required to choose a password that alongside with your email address will enable your future login to the Website (“Login Information”). The following rules govern the security of your Account, Account Information and Login information. For the purposes of these Terms, references to Account, Account Information and Login information shall include any account and account information, including user names, passwords or security questions created for the purpose of using the Website.
- You shall not share your Account, Account Information or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account (“Account/Login Information Sharing”).
- In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Account Information or Login Information or unauthorized access to your Account, you must immediately notify the Company and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Account Information and Login Information, and you will be responsible for all uses of your Account Information and/or Login Information, whether or not authorized by you;
- You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
- You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or accessing or using the Services, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Services by any of the above mentioned; and
- We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
4. Fees; Payment
The Company may offer its users access to the Services through various annual or other subscription plans (“Plans”). The Plans may be offered in different rates and may include subscription fee calculated as a certain percentage out of the amount invested through the Services, performance based fee calculated as a certain percentage out of the amount earned by you though the Services and other fees which may be incurred from time to time (the “Fees”), all of which are detailed and presented to you upon enrolment to the Services on Company’s Website, provided that these Fees may be updated by the Company from time to time. Access to the Services and use of selected features of these Services is subject to timely payment of applicable fees. The Company reserves the right to terminate your use of the Services in case of any failure on your part to timely pay any Fees due by you to the Company. The Company may, at its sole discretion, add, remove or change the features and services the Company offers or the Fees (including the amount or the type of Fees) the Company charges at any time. You agree that you are responsible for checking the Company’s website regularly to confirm whether there are any new Fees and their effective date(s). The Company is not responsible for any charges or expenses you incur as a result from being billed by the Company in accordance with these Terms. All Fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT and applicable sales tax. Fees are quoted and payable in Crypto currencies or United States dollars, and Fees are based on services purchased and not actual usage.
Payment Processing. You represent and warrant that all payment and billing information provided is (and will remain) complete and accurate, and you have obtained all necessary consents to enable the necessary payment method. If applicable to the payment method, payment of Fees may be processed through a third-party payment processing service (which will receive and process your billing information), and additional terms may apply to such payments. You authorize the Company (and/or the Company’s designee) to: (a) request and collect payment (and to otherwise take other billing actions, such as refunds) from you on a recurring basis; and (b) make any inquiries we deem necessary, from time to time, to validate your designated payment method or financial information, in order to ensure timely payment of Fees (including, but not limited to, for the purpose of receiving updated payment details from your payment).
5. Refund Policy
You may file a request for a refund with the Company or the Company may initiate a refund, in its sole discretion, in the following events:
- you did not activate a trading strategy in your Account within the first 14 days since your subscription to the Services;
- you transferred to the Company higher Fees than you should have (according to the Plan you subscribed to);
- the Company did not activate a trading strategy for more than 20 consecutive days, for reasons originated with the Company.
6. Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Services and/or the transmission of technical data exported from the country in which you reside. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, the Company or other users, and that you shall not act in bad faith in your use of the Services. If the Company determines that you have acted in bad faith and/or in violation of these Terms, or if the Company determines that your actions fall outside of reasonable community standards, the Company may, at its sole discretion, prohibit you from using the Services. You agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
- Access the Services if you are barred under the provisions of these Terms or any applicable law;
- Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
- Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
- Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by the Company or by applicable statutory law), modify or alter any part of the Services;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or the computers of other users of the Services;
- Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
- Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Create false personas, multiple identities, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications;
- Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
- Upload or transmit (or attempt to upload or to transmit), any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
- Improperly use support channels or complaint buttons to make false reports to the Company;
- Develop and distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
- Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on the Company or otherwise disparages or devalues the Company’s reputation or goodwill;
- Make representations with respect to the Company not approved in advance and in writing by the Company. You shall obtain the Company’s prior written approval to the content of any marketing message, and with respect to any use of the Company’s trade name and/or trademarks and/or designs in connection with the Services;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
- Attempt to use the Services on or through any service that is not authorized by the Company. Any such use is at your own risk and may subject you to additional or different terms. The Company takes no responsibility for your use of the Services through any service that is not authorized by it;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
- Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Service’s servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.
7. Intellectual Property Ownership
Without derogating from any other terms herein, the Company and/or its affiliates retain all rights in the Services and its materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Services Materials”). The entire contents of the Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms or otherwise exploit any of the Services Materials without the Company’s explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from the Company. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in severe civil and criminal penalties.
The Company and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Services Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Services Materials, or rights to any derivative works thereof.
8. Third Party Material
You may be able to access, review, display or use third party Website, resources, content, information or links to other websites or resources (the “Third Party Materials”) via the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and the Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services. You acknowledge and agree that the Company: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or Services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or a third party websites does not imply any endorsement by the Company of Third Party Materials or any such third party websites.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of the Company’s rights and remedies under these Terms and/or under law, the Company will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. The Company cannot grant permission to use third party content.
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because the Company has no control over such websites and resources, you acknowledge and agree that the Company is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.
10. Communication Channels
If you send or transmit any communications, comments, questions, suggestions, or related materials regarding the Services, whether by email or otherwise (collectively, “Feedback”), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
You agree to defend, indemnify and hold the Company, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your use of, contribution to or connection with the Services; your violation of any term of these Terms; and/or your violation of any rights of another including without limitation any copyright, property, or privacy right; any claim that any user submission made by you has caused damage to a third party; any content published by you through the Company’s Communication Channels and/or otherwise
The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting the Company’s defense of such matter.
13. Services Modifications/Suspensions
The Company reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any loss or damage that may occur out of such actions by the Company.
The Company, in its sole discretion, may terminate your Account and/or your right to use the Services, at any time for any reason or no reason, including, without limitation for, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Services (including, without limitation, Account/Login Information Sharing), or the Company’s intellectual property as determined by the Company in its sole discretion. If you have more than one Account, the Company may terminate all of your Accounts. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate any further access to the Services. Further, you agree that the Company shall not be liable to you or any third party for any damage that may result from the termination of your right to use or otherwise access the Services.
If your Account is terminated or suspended, no refund will be granted, no benefits will be credited to you or converted to cash or other forms of reimbursement.
All provisions of this Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
15. Disclaimer of Warranties
You acknowledge and agree that your use of or access to the Services and/or any materials and/or services, if any, offered by the Company shall be at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Services or any part thereof. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents hereby expressly disclaims all warranties of any kind, explicit or implied, in connection with the Services and your use thereof, including, but not limited to, implied warranties of merchantability, profitability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
The Company makes no warranties or representations about the accuracy or completeness of the Services, of the content of any sites linked to the Services, of any Third Party Materials and that: (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results (financial and/or otherwise) that may be obtained from the use of the Services will be accurate, reliable and/or profitable, or (iv) any errors in the Services will be corrected. Further, the Company assumes no liability or responsibility for:
- any errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
- any direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
- any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from the Website;
- any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.
- any glitches, errors, functionality, change of regulation of any cryptocurrency exchange (such as Binance, Coinbase Exchange, etc.) linked to the Services or being used by the Services, and/or any loses that may occur to you as a result of it.
16. Limitation of Liability
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON, UNDER ANY
LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) ANY MATTERS BEYOND THE COMPANY’S REASONABLE CONTROL. THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. THE COMPANY’S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO THE COMPANY DURING A 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU
HEREBY AGREE TO RELEASE THE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, CONSULTANTS, CO-BRANDERS, PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES (INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFIT INCURRED), LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH THE SERVICES OR YOUR ACCESS AND USE OF THE SERVICES.
The Company does not control and shall not be responsible for the acts of you or any other users of the Services.
Notices to you may be made via either email or the Services. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. You agree that all agreements, notices, disclosures and any other communications that the Company provide as aforementioned satisfy any legal requirement that such communications be in writing. Any notice from you to the Company shall be sent in writing to our mailing address at firstname.lastname@example.org.
20. Trademark Information
The trademarks, service marks, and logos of the Company (the “Company Trademarks“) used and displayed in connection with the Services are registered and/or unregistered trademarks or service marks of the Company. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks“, and, collectively with Company Trademarks, the “Trademarks“). The offering of the Services shall not be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company, any third party or the Company’s or third party’s products or services, or in any manner (in the Company’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless the Company approves the establishment of such a link by prior written consent specific for each such link. All good will generated from the use of any Company Trademark shall inure to the Company’s benefit.
21. Statistical Information
Company may compile statistical information related to the performance of the Services, and may use and/or make such information publicly available, provided that such information does not identify your confidential information or your personal data. Company retains all intellectual property rights in such information.
Entire Agreement. These Terms constitute the entire agreement between you and the Company and governs your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and the Company on the subject matter hereof.
Jurisdiction. By using or visiting the Website, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company. that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel.
Cause of Action. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION INITIATED BY YOU AGAINST THE COMPANY ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver & Invalid Provisions. The failure or delay of the Company to exercise or enforce any right or provision of this Terms shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms shall remain in full force and effect.
Titles. The section titles in this Terms are for convenience only and have no legal or contractual effect.