Terms of Service
Last Updated: September 04, 2023
- Acceptance of Terms
RodRadar Ltd. (hereinafter: “RodRadar”, “We” or “Us”) provides the Service (as defined herein) to you (“User” or “You”), subject to the following terms of service (hereinafter: “TOS”) which may be updated by Us from time to time without notice to You. It is important for You to refer to these TOS from time to time to make sure that You are aware of any additions, revisions, or modifications that We may have made to these TOS. You can review the most current version of the TOS at any time at: https://www.rodradar.com/terms Your use of the Service constitutes Your acceptance of the TOS.
- Service Description
RodRadar currently provides information services to visitors of the Website (hereinafter: the “Users” and “Services”, respectively). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new RodRadar website features and/or additional websites, shall be subject to these TOS, unless stated otherwise. RodRadar may change, suspend or discontinue any aspect of the Services at any time without prior notice to You or any other User. RodRadar may also impose limits on certain features and services or restrict access to parts of or all of the Services without notice or liability. You agree that these TOS are personal to You and that You may not resell, lease, license, assign or redistribute the Services, in whole or in part, to any third party. RodRadar also may offer other services from time to time, which are governed by different terms of services, which are not related, directly or indirectly, to Us.
Registration is required in order for Users to receive informational including newsletters via email (hereinafter: the “Newsletters”). However, Your registration shall not impose any obligation on Us to provide any particular service to You.
In order to register, Users are requested to give Us their contact information, demographic information and additional information as found suitable in Our sole discretion.
- Website Content and Information
The Website contains information, advice, text, materials, pictures, videos and other goods and services (collectively, the “Materials”) that are provided for Your convenience only. You should be aware that the Materials may contain errors, omissions, inaccuracies, outdated information, and inadequacies. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.
The data and/or the information contained in the Website originates, in part or entirely, from third parties, including various websites over which RodRadar has no control or ability to supervise, and is provided to You “AS-IS” for Your comfort and personal use only. Please be advised that such data and/or information may be changed and/or modified, and such changed and/or modifications may not be found in the Website.
You may not rely solely on the data and/or information and/or Materials that are provided by RodRadar on the Website but shall conduct Your own research and authentication regarding the correctness of any of the Materials, data and information appearing on the Website.
The content provided by RodRadar with regard to the Services is by no means, now, or in the future, to be regarded an offer and/or general, financial, investment legal and/or other counseling and may not be regarded a recommendation and/or opinion and/or a substitute to Your own personal discretion.
Please be advised, that often, the information located on Our website is professional opinion and not fact. We are glad to receive any comments You have with respect to the information posted on Our website to the following email address: firstname.lastname@example.org. It is Your responsibility to independently verify any information which You intend to rely upon, and We expressly disclaim any responsibility with respect thereto. If You are aware of any information on Our website which is factually inaccurate, hurtful or illegal, We urge you to inform Us so that We may act immediately to correct this.
Descriptions of, or references to, products or publications within the Services do not imply endorsement of that product or publication.
The Services may contain hyperlinks to other websites which are not included as part of the Services (hereinafter: “Other Site(s)”). If You use the hyperlinks to access these Other Sites, You will leave the Services and Your browser will be re-directed to the Other Sites. RodRadar may not have reviewed the content of any Other Site, and, whether it has reviewed the content of any Other Site or not, does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. The hyperlinks to any Other Site do not constitute an endorsement by RodRadar of any Other Site or resources, or their content. RodRadar is only providing these links to You as a convenience, and the inclusion of any link does not imply endorsement by RodRadar of the Other Site.
By clicking on Other Sites hyperlinks, We retain Your consent to transfer the Other Site some of Your details all in accordance to the Privacy & Cookies Policy.
Notwithstanding anything to the contrary contained in these TOS, We reserve the right to deny permission to link to the Services from any Website for any reason in Our sole and absolute discretion.
- Copyright; Trademark
All Materials contained in the Services (hereinafter: the “Service Materials”) are protected by copyright and are owned and/or controlled by RodRadar and/or other third parties. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Services. Copying or storing any part of the Services is expressly prohibited without prior written permission from RodRadar.
RodRadar and other service marks, trademarks and logos displayed on the Services (hereinafter: the “RodRadar Trademarks”) are the property of RodRadar or its licensors. You agree not to display or use the RodRadar Trademarks in any manner.
Permission to use Service Materials is granted provided that: (a) the copyright notice appears in all copies; (b) use of such Service Materials is for personal and non-commercial use only and will not be shared, copied or posted on any network computer or broadcast in any media; and (c) no modifications of the Service Materials are made.
- Copyright Infringement
In the event that You are a copyright owner or an agent of such a copyright owner, and believe that any content on the Website infringes upon Your copyright, You are welcome to provide Us with the following information in writing:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
- Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an email address at which You may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner described of is not authorized by the copyright owner, its agent, or the law”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RodRadar’s designated copyright agent to receive notifications of claimed infringement can be contacted at: email@example.com. A notice that fails to comply with the terms mentioned above may not be valid.
Please be advised that You may be liable for damages (including attorneys’ fees and other expenses) if You materially misrepresent or claim that information posted on Our website is infringing Your copyrights. Therefore, if You are uncertain whether certain materials infringe Your copyrights, We recommend that You first obtain qualified legal advice.
Notwithstanding anything contrary, User hereby agrees and undertakes that it, at all times, shall keep and respect these TOS and terms of service agreements and copyright rights of third parties.
For the avoidance of any doubt, the User hereby undertakes not to display in public and/or for non-personal use any copyrighted materials of which the User is not the owner.
- Representations and Warranties
You hereby warrant and represent that You are an adult over the age of 18. We reserve the right to require proof of age during the registration process and/or before providing You with any offers and/or sending you Newsletters and/or at any other time at Our sole discretion. RodRadar reserves the right, at its sole discretion, to terminate your access to the Website and the Services and/or any portion thereof at any time, without notice.
You hereby warrant and represent that You do not intend to use any of the information and/or offers contained on the Website to be used for illegal purposes.
You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Services any materials which: (a) restrict or inhibit any other User from using and enjoying the Services; (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) contain a virus or other harmful or potentially harmful component; (f) contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) constitute or contain false or misleading indications of origin or statements of fact.
You further represent, warrant and covenant that you will not: (a) reverse engineer or decompile (whether in whole or in part) any software which may be available through the Services (hereinafter: the “Software”); (b) make copies, modify, reproduce, republish, post, transmit, distribute or alter all or any part of the Services or any materials contained on it.
- Disclaimer of Warranties
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, PICTURES, VIDEO, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RODRDAR MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICES; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICES BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE. RODRADAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RODRADAR DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. FURTHER, RODRADAR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
RODRADAR SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RODRADAR BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICES AND/OR OF THE WEBSITE, EVEN IF FORESEEABLE OR RODRADAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.
You agree to defend, indemnify and hold RodRadar harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this Agreement, including, without limitation, Your use of the Services. Specifically, without derogating from the generality of the foregoing, You agree to defend, indemnify and hold RodRadar harmless against any loss or damage arising from Your unauthorized use of the Website or Your disclosure of incorrect information from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these TOS.
Notwithstanding the foregoing, RodRadar retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against RodRadar herein under the terms and provisions of this Section 11 and in no event shall you settle any such claim without RodRadar’s prior written approval.
- Governing Law
Governing Law. You agree that: (i) the Website shall be deemed solely based in the State of Israel; and (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Israel. This Agreement shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive jurisdiction of the state courts located in Tel Aviv, Israel for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, You agree that the courts of Tel Aviv, Israel is the proper forum for any dispute with RodRadar.
This TOS contains the sole and entire agreement between the parties with respect to the use of the Services and the Website and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS. Notwithstanding the foregoing, RodRadar retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought RodRadar herein under the terms and provisions of this Section 13 and in no event shall You settle any such claim without RodRadar’s prior written approval.