TERMS OF USE

Terms of Use ad Service

Last Updated: September 29, 2022

  1. Preamble

These terms of service (“Terms”) listed below constitute the entire agreement between you and Lordan C.A.S. Ltd. (“Lordan” or “us”“our”“we”).

These Terms govern your access and use of the Lordan’s website (“the Site”).

By using the Site, you signify that you have read, understood, and unconditionally consent to both these Terms and our Data Protection Policy, which is an integral and inseparable part hereof, available at: https://www.lordan-coils.com/?section=63.

If you do not agree to any of these Terms, please do not use the Site.

By browsing the Site and/or contacting us through any online form or contact means available thereon, you hereby represent and warrant that:

(1) you are at least 18 years old and that you have the right, authority, and capacity to enter into these Terms of Use and/or to abide by all of the terms and conditions set forth herein.

(2) you have read, understood and agreed to these Terms and our Data Protection Policy.

Lordan reserves the right to change, modify or update the Terms and the content of the Site at any time without prior notice, including updates that modify or remove previously available functionality.

Your continued use of the Services will be deemed acceptance of all such amended or updated terms, with exception to changes to our Data Protection Policy which is governed by the specific provisions set out therein.

  1. Restrictions. You agree to browse and interact with the Site only as permitted under these Terms, and you know that you may only make private use of the Site and are prohibited from making commercial use of our Site, and/or that you may not make any illegal or prohibited use of our Site as prescribed under applicable law.

To this end, you will not permit any third party to:

(a) impersonate another user or otherwise misrepresent yourself in any manner (including registering through multiple accounts or personas);

(b) defame, abuse, stalk or threaten any person through your use of the Site;

(c)  circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or

(e) use any robot, spider, website search or retrieval application, or any other manual or automatic device or process to retrieve, index, search or data-mine the Site.

Furthermore, You may not, nor may you assist other parties to:

(a) copy, modify, adapt, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or any content uploaded onto it;

(b) reverse-engineer, disassemble, or attempt to derive the source code of the Site or any software of code embedded in the Site, or

  1. Intellectual Property. Lordan shall at all times solely own and maintain all right, title and interest in:

(a) the Site, all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Site;

(b) all trade names, trademarks, and logos of Lordan and the photos uploaded by Lordan. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site. All trademarks are trademarks or registered trademarks of their respective owners.

Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Lordan or any third party.

  1. Indemnifications. You all fully indemnify, defend, and hold harmless Lordan against any and all claims, demands, damages, costs or expenses (including reasonable attorneys’ fees and court costs) which Lordan may suffer or incur in connection with any claim, demand, action, lawsuit or other proceeding whatsoever by You or third party, arising directly or indirectly out of:

(a) any breach of these Terms by any User or anyone using your computer or password;

(b) any claim, loss or damage experienced from your use or attempted use of the Site, including any message or User Content you transmit through the Site;

(c) your violation of any law or regulation, and

(d) your infringement of any right of any third party.

  1. Disclaimer. THE SITE AND THE CONTENT UPLOADED THEREON ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND BY LORDAN. LORDAN EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LORDAN FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING (I) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND/OR (II) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE

THE USE OF THE SITE, THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SITE, IS DONE AT YOUR OWN RISK AND WITH YOUR CONSENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.'

  1. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE.

NEITHER LORDAN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LORDAN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL LORDAN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

  1. Term and Termination

Unless set out otherwise by Lordan, these Terms shall come into effect and commence on the date that you browse through our website and/or sign-up to receive newsletters and notifications and shall lapse on the earlier of:

(a)  in regards to personal information collected for receipt of updates, newsletters or participating in the pilot of our Future Product: the date you contact us to stop receiving newsletters and notifications.

(b) the date of your attempt to circumvent any technical protection measures used in connection with the Site; or

(c) the date of your use of the Site is in breach of these Terms or any applicable law or regulation, or

Without limiting Lordan's statutory rights to terminate or Lordan’s other rights and remedies, Lordan is authorized to suspend your access to our Site without incurring any liability for compensation in the event: 

(a) That you elect not to accept any changes to these Terms or our Data Protection Policy;

(b) Lordan discovers that you do not use the Site in accordance with these Terms;

(c) Lordan receives complaints in respect of your use of the Site;

Under no circumstances shall Lordan become liable in any way if false complaints or wrong judgment of your behavior, leads to suspension of your use of the Site. Promptly upon termination, you must cease all use of the Site.

Lordan may retain copies of contents you provided to it as part of your use of the Site, where it has an overriding legal interest which requires it to preserve such copies, for example for the purpose of legal disputes or in order to comply with any order or writ issued by a competent court or governmental authority.

Any reservation of your personal information and details will be subject to our Data Protection Policy.

  1. Data Protection. 

You hereby understand and agree that Lordan will collect certain data from you when you browse or make use of our Site, including information that may personally identify you.

Further to the foregoing, personal information will be collected and processed according to the provisions of the Israeli Protection of Privacy Law, 5741-1981 (the "Privacy Law"), and any regulations and/or orders promulgated thereunder, and all in accordance with our Data Protection Policy, available at: https://www.lordan-coils.com/?section=63.

Please note that Lordan may, at its sole discretion reject or deny your contact requests through the Site if it deems that such communications are associated with fraudulent activity, or for any other reason it is found, in good faith, as malicious, offending or illegal.

  1. Miscellaneous.

(a)  Notices and Correspondences. 

You hereby agree that should you provide us with contact information during your registration process, via a "Contact Us" form or through e-mail correspondence that by virtue of accepting these Terms and our Data Protection Policy – that you hereby agree that Lordan may contact you on the basis of such information by electronic means, including but not limited to email communications, SMS or text messages, via the information provided as mentioned above.

Notices sent by electronic means shall be deemed received when they are sent, and will be responded to as soon as reasonably possible according to the nature of the correspondence/notice.

(b) Entire Agreement. 

These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other previous agreements between the parties regarding the subject matter hereof. Lordan may assign its rights or obligations pursuant to these Terms. Users shall not assign any rights under these Terms and any attempted assignment shall be void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect.

(c)  Jurisdiction. 

These Terms shall be governed by the laws of Israel and any dispute, controversy or claim arising out of or relating to these Terms, will be referred solely to the competent courts of the District of Tel-Aviv, Israel.