Please Read Carefully Prior To Using This Website
1. Acceptance of Terms and Conditions
The use of this ControlUp Technologies Ltd (“ControlUp”) website (this “Website”) is governed by the terms and conditions contained herein (“Terms”). These Terms are legally binding for all users of this Website and constitute a legally binding agreement between you (“User”) and ControlUp. By accessing this Website, User expressly and irrevocably agrees to the Terms and to abide by the Terms. These Terms list ControlUp current policies and terms and conditions, but, as noted below, the Terms may be adjusted from time to time at ControlUp’s discretion. If the User of this Website does not agree with any of these Terms, User may not, under any circumstances, utilize the ControlUp 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 ControlUp. 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 ControlUp or the respective owner except as provided in these Terms. All ControlUp’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. ControlUp retain all its rights in ControlUp trademarks. This Website is a copyrightable work of ControlUp.
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 ControlUp. 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 ControlUp 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
ControlUp may at times require a User to have a password and provide registration details to access this Website or portions of this Website. If ControlUp 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 ControlUp believes that the details are not correct, current, accurate or complete, ControlUp 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 ControlUp immediately of any unauthorized use of User’s password(s) and/or registration details. ControlUp reserves the absolute right, according to its sole discretion, not to issue a password to any person or entity.
5. Linking & Website Administration
Any link to this Website must be immediately followed by notice to ControlUp via e-mail at webmaster@ControlUp.com. Moreover, in the event ControlUp deems User’s linking practices in relation to this Website to be inappropriate, ControlUp 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 ControlUp relating thereto. Upon notification to ControlUp of User’s link to the Website, as provided above, User may link to this Website unless and until ControlUp gives notice that User must discontinue linking to this Website.
5.2 Authority of Website Administrator
ControlUp 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. ControlUp 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, ControlUp shall not be held liable by the User.
6. User Requirements and Obligations
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 ControlUp.
User shall refrain from using the Content and the Website in a manner that could cause ControlUp to violate any applicable law, statute, ordinance or regulation, whether international or local.
6.3 User Cooperation and Notification
User will cooperate with all reasonable requests of ControlUp and will notify ControlUp 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 ControlUp 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 ControlUp. ControlUp 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 ControlUp, and User acknowledges that ControlUp 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 ControlUp or any association with its operators. Moreover, ControlUp 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. ControlUp 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.
ControlUp 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 ControlUp has been advised of the possibility of such damages. ControlUp 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 ControlUp will be limited to, in the sole discretion of ControlUp, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by ControlUp from User.
Each User will defend, indemnify, and hold ControlUp 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,
7.1 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.
7.3 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, ControlUp 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. ControlUp 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 ControlUp 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.
ControlUp’s failure to act with respect to a breach of a provision of this Agreement by the User, does not waive ControlUp’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 the same shall be binding upon either party hereto. These Terms may be modified from time to time by ControlUp according to its sole discretion and shall be effective immediately upon posting. ControlUp 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 ControlUp’ 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 ControlUp at <firstname.lastname@example.org>
Copyright © 2018 ControlUp Software Solutions Ltd. All Rights Reserved.
Last Updated May 2018