Terms Of Use


1. GENERAL
These terms of use (“Terms of Use") set forth herein apply to the web site owned, operated, licensed, and/or controlled by EveryThink Ltd. (“EveryThink™” or “We”), located at the following address http://www.everythink.us (the “Website”).

These Terms of Use, including the Privacy Policy (as defined below), constitute a binding legal agreement (the “Agreement”) between you as the user (“You”, “Your”, or “User”) and EveryThink™, for the use of the Website, and shall apply to all Users of the Website.

BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT USE THE WEBSITE.

By using the Website You represent that You are of legal age to form a binding contract with EveryThink™ under applicable law, which in no event will be less than 13 years of age (“Legal Age”).

EveryThink™ reserves the right, at its sole discretion, to modify this Agreement at any time, effective upon posting an updated version of the Agreement on the Website. Your continued use of the Website after any such changes shall constitute Your acceptance of the new Terms of Use. It is therefore important that You review this Agreement regularly to ensure You are updated as to any changes. If any of the changes are unacceptable by You, You should leave the Website and discontinue use of the Website immediately.

2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS
Unless otherwise noted, all information, product information, content and/or material posted on the Website (“Materials”) are the property of EveryThink™ or its affiliates, or third parties who have licensed their materials to EveryThink™ and/or its affiliates, and EveryThink™ retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights. No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website. You agree not to infringe upon all the above rights.

Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, post, transmit, or otherwise distribute, the Materials or any part thereof. You may download, where specifically permitted, one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other web site or networked computer environment is strictly prohibited, and be deemed a violation of EveryThink™'s copyright and other proprietary (including intellectual property) rights.


3. TRADEMARKS
Without limiting any of the foregoing or hereunder, EveryThink™ (and its affiliates) names, logos and product names and any other trademarks included in the Website are trademarks of EveryThink™. All other 3rd party product names that may legitimately appear on the Website are trademarks of their respective owners. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website, and all rights in such names, marks or logos is reserved by EveryThink™ / or respective holders.

4. PRIVACY POLICY
The privacy policy of EveryThink™ is published at http://www.everythink.us (the “Privacy Policy”), and which is incorporated into this Agreement by reference.

5. LINKING TO THE WEBSITE
Unless you have a written agreement or a specific consent in effect with EveryThink™ which states otherwise, links to the Website may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that EveryThink™ is affiliated with any person or entity, or that EveryThink™ otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Website may not be such as to damage or dilute the goodwill associated with EveryThink™’s name and trademarks; (c) all links to the Website must "point" to the URL "http://www.everythink.us" and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a "frame" on the linking web site, or any other Website.
Without limiting any of the above, EveryThink™ reserves the right to revoke its above consent to the providing of any link to the Website, at any time in its sole discretion.

6. DISCLAIMER
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT YOU ARE RESPONSIBLE FOR ANY DAMAGE AND/OR LOSS ARISING OUT OF THE USE OF THE WEBSITE. THE MATERIALS AND CONTENT IN THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVERYTHINK™ DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

EVERYTHINK™ DOES NOT WARRANT THAT: (I) THE MATERIALS AND CONTENT DISPLAYED IN THE WEBSITE AND/OR YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; (III) THAT THE WEBSITE OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iv)

EVERYTHINK™ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE MATERIALS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL EVERYTHINK™, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (I) YOUR USE OR INABILITY TO USE OF THE WEBSITE, OR (II) RELIANCE ON ANY OF THE MATERIALS OR (III) TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR (IV) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEB SITE OR (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (VI) ANY OTHER FAILURE TO PERFORM BY EVERYTHINK™. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE MATERIALS, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, EVERYTHINK™'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. INDEMNIFICATION
You agree to defend, indemnify and hold EveryThink™ and or its affiliates and anyone on their behalf, including but not limited to, all of its owners, managers, directors, officers and employees, harmless against any losses, expenses, costs, claims, damages (including, but not limited to, direct, incidental, consequential, exemplary, indirect damages and reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the terms of the Agreement.

9. THIRD PARTY’S CONTENT
To the extent that the Website contain links or any other information to outside services and resources, EveryThink™ does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.
Some of the Materials in this Website may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of EveryThink™.

10. NO ENDORSEMENT
No reference made in this Website to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of EveryThink™, constitute or imply an endorsement, recommendation or favoring by EveryThink™.

11. INTELLECTUAL PROPERTY INFRINGEMENT POLICY
EveryThink™ is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property related violations on this Website should be addressed to: support@everythink.us.

EveryThink™ will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, EveryThink™ will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

12. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
EveryThink™ reserves the right to limit or revoke your access to this Website in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.

13. USER CONDUCT
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its Materials. You agree not to add to, subtract from, or otherwise modify the Website Materials, or to attempt to access any Website Materials that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.

14. INFORMATION RECEIVED FROM USERS
EveryThink™ is requesting that you won’t transmit any confidential or proprietary information to it via the Website. You hereby agree that any material, information, or data you transmit to us or post to the Website (each a “Submission” or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, (i) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any third party, and (ii) you hereby give EveryThink™ a royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

15. APPLICATIONS
The Website contains a link to sites in which you can purchase EveryThink™’s mobile applications. The use of such applications shall be subject to the End License User Agreement connected to such application.

16. GENERAL
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Israel, and submitted to the exclusive jurisdiction of the Tel-Aviv Courts. If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and EveryThink™ with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. EveryThink™ may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by EveryThink™ of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

Last version updated: January 2013