These terms and conditions constitute a contract between you and Roy Herzl Inc. ("Roy Herzl").
In order to operate and provide the services on this website, we may collect certain information about you. We use and protect that information to the best of our ability. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Roy Herzl or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Roy Herzl employees, customers or the public.
Personal information collected through the service may be stored and processed in the United States or any other country in which Roy Herzl or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.
How We May Change the Terms and Conditions
These Terms and Conditions may change from time to time, and we encourage you to review them periodically. Your continued use of the Roy Herzl Website indicates your acceptance of any changes to these Terms and Conditions. Any changes to these Terms and Conditions are inapplicable to disputes arising, or arising out of events occurring, prior to the posting of such changes here.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Roy Herzl Website or on content available through the Roy Herzl Website are registered and unregistered trademarks of Roy Herzl and may not be used unless authorized by the trademark owner. Nothing contained on this website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without our written permission. Your misuse of any trademark is strictly prohibited.
DISCLAIMER OF WARRANTIES
We provide the service 'as-is,' 'with all faults' and 'as available.' We do not guarantee the accuracy or timeliness of information available from the website. We and our affiliates, resellers, distributors and vendors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
LIMITATION OF LIABILITY
You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
• the service,
• content (including code) on the Roy Herzl website,
• delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort.
It also applies even if:
• this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
• Roy Herzl knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
You agree to defend, indemnify and hold harmless Roy Herzl and its affiliated and related entities and each of their respective principals, officers, directors, managers, partners, members, shareholders, agents, employees, representatives, successors and assigns from and against any losses, liabilities, damages and expenses (including, without limitation, interest, penalties and reasonable attorneys’ fees and disbursements) which any of them may incur or become obligated to pay or for which any of them may become liable to pay in any claims against them, arising out of or in connection with Your breach of your representations, warranties, covenants or agreements contained herein.
Interpreting the Terms and Conditions
The Terms and Conditions set forth herein apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force.
Contracting Party, Choice of Law and Location for Resolving Disputes
Any dispute arising out of or in connection with these Terms and Conditions or any content or services provided for on the Roy Herzl website shall be heard and determined in the federal or state courts located in New York City. Users of the Roy Herzl website agree not to commence any litigation relating to the use of any of the Roy Herzl website, except in courts located in New York City. Users also waive any objections to venue of any such litigation in courts located in New York City and agree not to plead or claim that New York City is an inconvenient forum.