Recently updated: March 15, 2021
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS AND ACCESSING, USING OR REGISTERING FOR THE NAMOGOO WEBSITE, NEWSLETTER OR SERVICES.
These website terms and conditions (“Terms”) are a legally binding agreement between Namogoo Technologies Ltd. or any of its affiliates (“Company”, “we”, “us”, or “our”), and you, a visitor of our website (“you” and “website”, respectively).
By accessing the website, you acknowledge that you have read and understood these Terms. You agree to be bound and to fully comply with the Terms, you further agree to comply with all applicable laws and regulations regarding your use of the website or the Services offered through the website as further detailed below.
You further represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) You are not defined as a “child”, “minor” or other similar term, in your jurisdiction and specifically you are not under the age of 16.
We respect our users’ privacy rights, we recommend you review our Privacy Policy for more information.
1. Description of the Service and Site.
The website is intended to provide you with information about our services and information about how you can protect your website and increase revenues. In our website we publish articles, videos, webinars, eBooks, case studies, etc. (“Content”). If you purchase our services, you will be governed by our Client Terms and Conditions available at: https://www.namogoo.com/terms. However, the website also may offer free services, such as analyzing your website, calculating your revenues and providing a demo (“Free Services”). In addition, we offer communications options through the website such as contact us forms, requesting to be contacted by our sales team or joining our newsletter.
THE CONTENT PUBLISHED ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND MAY BE USED BY YOU AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT AVAILABLE ON THIS WEBSITE OF FREE SERVICES YOU CHOOSE TO USE, WHICH ARE AT YOUR SOLE RESPONSIBILITY AND RISK.
2. Access and Licenses.
We hereby grant you permission to visit and use the website for your information and personal use only, subject to these Terms and your compliance with applicable law. To the extent that you wish to use the Free Services, if any, you acknowledge and agree that we grant you a non-exclusive, revocable license to install and use the Free Services solely for your personal use. We may modify the Free Services from time to time without first asking for your approval. We are not obligated to support the Free Services, and may at any time suspend or terminate your license and disable the Free Services. You may not make unauthorized modifications, reverse engineer, disassemble, decompile, or attempt to derive source code of the Free Services.
3. Representation, Warranties & Restriction of Use.
You hereby represent and warrant that you shall not, nor shall you authorize or encourage any third party to: (1) use the website, Content or Free Services in non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the website or Free Service or prevent others from using them; (3) modify, create a derivative work of, reverse engineer, or disassemble the website, Content or Free Services; (4) remove, deface, obscure, or alter the website, Content or Free Services therein including any copyright notices, trademarks, or other proprietary rights provided as part of the website, Content or Free Services; (5) use the website, Content or Free Services unlawfully or in a breach of third parties’ rights or our rights, including intellectual property rights and privacy rights, or in breach of these Terms; (6) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit or make the website, Content or Free Services; (7) use, access or attempt to access the website, Content or Free Services with any automated means (including robots, scrapers, etc.); and (8) use Company’s name, logo or trademarks without Company’s prior written consent.
4. Intellectual Property.
The website, Free Services and the Content, including any trademarks and logos (“Marks”), text, documents, descriptions, products, graphics, photos, sounds, videos, interactive features contained in or made available through the website, Content and Free Services are exclusively owned by the Company. Except as explicitly provided herein, no license, right, title or interest to the website, Content and Free Services shall be granted to you, and we or our partners reserve any and all rights, title and ownership of the website, Content and Free Services. You shall not use any Company’s copyrights, trademarks, trade names, or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms.
5. Disclaimer of Warranties.
Except as provided herein, the website, Content and Free Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. You assume all responsibility for accessing and using the website and Free Services and for the selection of the Free Services to achieve your intended results. NAMOGOO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The data contained on the website, including the Content, is provided “as is” and Namogoo shall not be held responsible OR LIABLE for the accuracy or any omissions of data in or from the website or Content. The Company will not be held responsible for any decision made or action taken or not taken in reliance on the website or Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions. We make no representation or warranties that the website, Content or Free Services are or will be available for use in any particular location or at specific time. The Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the website, Content and Free Services. Your use of the website, Content or Free Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
6. Limitation of Liabilities.
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY: “COMPANY GROUP”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY GROUP AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES, SHALL THE AMOUNT PAID BY YOU TO NAMOGOO.
7. Indemnification.
You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from your use of the website, Content or Free Services.
8. Termination.
You can terminate your use of the Free Services at any time or cease your use of the website. We may change, modify, suspend, or discontinue any aspect of the website, Content or Free Services at any time without notice to you and without any liability to you whatsoever in connection therewith.
9. Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel. You hereby agree to resolve any dispute you have exclusively with the competent court in Tel Aviv, Israel. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.
10. Miscellaneous.
These Terms constitute the entire understanding between you and the Company with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. Your relationship with the Company is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
11. Amendments.
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Updated” above. Your continued use of the Services following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them. In the event of a material changes, we will make best efforts to provide written notification by applicable means of communication.
CONTACT US
If you have any questions about these Terms, please contact us at: Namogoo Technologies Ltd., Ha-Sadna’ot St 8, Herzliya, Israel.
You can also contact us via email at: legal@namogoo.com
