Terms of Use

Please Read Carefully Prior To Using This Website

  1. Acceptance of Terms and Conditions

    The use of this Smart-X Software Solutions Ltd (“Smart-X”) website (this “Website”) is governed by the terms and conditions contained herein as well as the terms and conditions of the Privacy Policy posted on the Website (“Terms”). These Terms are legally binding for all users of this Website and constitute a legally binding agreement between you (“User”) and Smart-X. By accessing this Website, User expressly and irrevocably agrees to the Terms and to abide by the Terms. These Terms list Smart-X current policies and terms and conditions, but, as noted below, the Terms may be adjusted from time to time at Smart-X’s discretion. If the User of this Website does not agree with any of these Terms, User may not, under any circumstances, utilize the Smart-X Website.

  2. Intellectual Property Rights

    Ownership
    Any content, text, images, data, information and other material displayed, available or presented on this Website (“Content”), and any copyrights including intellectual property rights in such Content or associated with the Website (hereinafter “Intellectual Property Rights”), are and shall remain the exclusive proprietorship of Smart-X. The Content is protected by copyright or by other intellectual property rights according to national laws and international conventions. User may not use, copy, publish or distribute any of the Content without the written permission of Smart-X or the respective owner except as provided in these Terms. All Smart-X’s trademarks are listed on the trademark list posted on the Website, which may be updated from time to time. Any other trademarks mentioned herein are used for identification purposes only and may be trademarks of their respective companies. Samrt-X retain all it’s rights in Smart-X trade marks. This Website is a copyrightable work of Smart-X.

  3. Authorized and Prohibited Uses

    User may access, use, for non-commercial, informational, personal use, only without modifying or altering the Content in any way, and as long as User complies with these Terms and all applicable laws. If User violates these Terms and/or any applicable laws, the permission to use the Website would terminate automatically. The User may not copy, reproduce, alter, translate, sell, publish, distribute, modify, display, create derivative works or use any Content or portion of this Website without the prior written permission of Smart-X. Notwithstanding the above, if the functionality of the Website permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, User may send that particular Content to others by e-mail. User will not infringe any of Smart-X and/or third party’s Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices contained in this Website or the Content.

    User hereby declares and agrees to refrain from interfering to the proper working of the Website or any other actions being conducted on the Website

    User declare and agree to refrain from using any viruses, Trojan horses, worms or other means that are intended to damage the website.

  4. Registration and Passwords

    Smart-X may at times require a User to have a password and provide registration details to access this Website or portions of this Website. If Smart-X does require a password and registration details, it shall be a term of use of this Website that all the details the User provides are correct, current, accurate and complete. If Smart-X believes that the details are not correct, current, accurate or complete, Smart-X will have the right to deny the User access to the Website, or any of its contents, and to suspend and/or terminate User’s account. User is responsible for maintaining the confidentiality of any password(s) and registration details User is given to access this Website, and User is fully responsible and shall be held liable for all activities that occur under User’s password(s) and/or registration details. User agrees to notify Smart-X immediately of any unauthorized use of User’s password(s) and/or registration details. Smart-X reserves the absolute right, according to its sole discretion, not to issue a password to any person or entity.

  5. Linking & Website Administration

    5.1 Linking
    Any link to this Website must be immediately followed by notice to Smart-X via e-mail at webmaster@smart-x.com. Moreover, in the event Smart-X deems User’s linking practices in relation to this Website to be inappropriate, Smart-X may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of Smart-X relating thereto. Upon notification to Smart-X of User’s link to the Website, as provided above, User may link to this Website unless and until Smart-X gives notice that User must discontinue linking to this Website.

    5.2 Authority of Website Administrator
    Smart-X may at its discretion modify, edit, translate, suspend, restrict access to, or terminate this Website, these Terms, the Content, or any link at any time without liability or prior notice. Smart-X may at its sole discretion terminate the browsing of, registration with, and use of this Website by any User at any time without prior notice for any reason, including for any breach of these Terms. In doing so, Smart-X shall not be held liable by the User.

  6. User Requirements and Obligations

    6.1 Compliance
    User will comply with all applicable laws in connection with use of this Website.

    6.2 Unsuitable Conduct
    User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment, or adverse publicity to Smart-X.

    User shall refrain from using the Content and the Website in a manner that could cause Smart-X to violate any applicable law, statue, ordinance or regulation, whether international or local.

    6.3 User Cooperation and Notification
    User will cooperate with all reasonable requests of Smart-X and will notify Smart-X promptly upon learning of any actual or suspected breach of these Terms or unauthorized use or abuse of this Website.

    6.4 Third Party Sites and Other Information
    As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom Smart-X has no control or responsibility, nor over the content submitted by them. The fact that the Website may contain links do not constitute any connection whatsoever to these websites unless specifically stated by Smart-X. Smart-X has no obligation to monitor, control, or restrict the use of third party websites accessible via links on this Website. These other sites are not under the control of Smart-X, and User acknowledges that Smart-X is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Smart-X or any association with its operators. Moreover, Smart-X has no obligation to verify any Content submitted by any user or third party or to provide any registration or other information to User concerning any Content.

    6.5 Warranty Disclaimers, Limitations on Liability, and Remedies
    This Website, its Content, and its links are provided on an “as is” and “as available” basis and are used at the User’s own risk, to the fullest extent permissible by law. Smart-X disclaims all warranties, whether expressed or implied, of any kind whatsoever, regarding this Website (including its Content, hardware, software, and links), including any warranties of fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    Smart-X shall not be held liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, , data, or any other damages, in connection with use of the internet, this Website, its Content, its links, or this Agreement however arising, whether in contract, tort, negligence, strict liability or otherwise, even if Smart-X has been advised of the possibility of such damages. Smart-X will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with this Website. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, the maximum liability of Smart-X will be limited to, in the sole discretion of Smart-X, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by Smart-X from User.

    6.6 Indemnification
    Each User will defend, indemnify, and hold Smart-X and their respective officers, directors, employees, and agents, and any of its licensors, website partners, or contractors harmless from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of this Website, online conduct, breach of these Terms,, violating any law or the rights of a third party,

  7. Miscellaneous

    7.1 Separate Terms and Conditions
    In connection with User’s use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to the Terms set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such additional terms and conditions will not vary or replace these Terms regarding any use of this Website, unless otherwise expressly stated.

    7.2 Privacy Policy
    Smart-X is concerned about privacy and has developed a policy to address privacy concerns. User can find the current privacy policy at ncontrolup.wpengine.com/privacy-policy (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms.

    7.3 Dispute Resolution; Applicable Law and Forum
    With respect to any and all disputes arising out of or in connection with this Website or these Terms (including without limitation the Privacy Policy), Smart-X and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. Smart-X has no obligation to become involved in any dispute between a User and any other person. This Website, these Terms, and any dispute arising in connection therewith shall be exclusively governed, construed and interpreted according to the laws of the State of Israel, without reference to conflict of laws principles. You hereby irrevocably subject yourself to the exclusive jurisdiction of the competent courts located in the district of Tel-Aviv, Israel in connection with any dispute arising out of or arising in relation to this Website and this Agreement. User agrees that Smart-X shall be entitled to obtain preliminary injunctive relief to the extent allowed by law in order to enforce any of the provisions of these Terms pending a final arbitral decision.
    Smart-X’s failure to act with respect to a breach of a provision of this Agreement by the User, does not waive Smart-X’s right to act with respect to subsequent or similar breaches.

    7.4 Modification of Terms, Etc.
    These Terms constitute the entire agreement between the parties and supersede any prior agreement or communication, either oral or written between the parties hereto with respect to the subject matter hereof and no agreements or understandings varying or extending thee same shall be binding upon either party hereto. These Terms may be modified from time to time by Smart-X according to its sole discretion and shall be effective immediately upon posting. Smart-X will endeavor to post a notice of any changes to these Terms for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these Terms occasionally or at least every thirty (30) days. User’s continued use of this Website, subsequent to Smart-X’ notice of modification of these Terms, shall constitute User’s acceptance of the modified Terms. If any provision of these Terms shall be held to be invalid, illegal, or unenforceable, such provision shall not affect the other provisions of these Terms, or the whole of these Terms, but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent set forth in these Terms. The parties hereto are separate and distinct, and this agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor do these Terms extend to any third party. User’s obligations pursuant to these Terms shall survive termination of this Website.

  8. Contact Information

    If you have any questions regarding these Terms or this Website, please contact Smart-X at webmaster@smart-x.com

Last Updated February 2014