1. Description of Services; No Affiliation with the Government of Israel
Yad L’Olim is an organization formed to assist immigrants in navigating the complexities of making Aliya to Israel. Yad L’Olim is not affiliated with or endorsed by the Jewish Agency, the government of the State of Israel or any government agency.
2. Yad L’Olim is Not a Law Firm and Does Not Provide Legal Advice
YAD L’OLIM IS NOT A LAW FIRM AND ITS SERVICES SHOULD NOT BE CONFUSED WITH LEGAL ADVICE. YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT AND YOUR ACCESS AND USE OF THE YAD L’OLIM'S SITE AND SERVICES DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND YAD L’OLIM.
DEPENDING ON YOUR PARTICULAR CIRCUMSTANCES, YOU MAY REQUIRE THE SERVICES OF A LICENSED ATTORNEY, AND YAD L’OLIM IS NOT A SUBSTITUTE FOR THE ADVICE OF A LICENSED ATTORNEY.
3. Access to and Use of Site and Services
Subject to your complete compliance with the provisions of this Agreement, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Site and Services solely in the manner authorized and intended by Yad L’Olim. Any rights not expressly granted in this Agreement are expressly reserved by Yad L’Olim. The resale or distribution of materials made available on the Site without the express, written consent of Yad L’Olim is prohibited. All such materials are authorized only for your own personal use.
4. Restrictions on Your Access To and Use of Site and Services
In connection with your access to or use of the Site or Services, you are prohibited from:
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Site, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Explorer);
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- attempting to probe, scan or test the vulnerability of a Yad L’Olim system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or through the Service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
- sending unsolicited email, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works from Yad L’Olim software, Yad L’Olim Content or User Content that is not your own;
- distributing viruses, malicious code, malware or any other technologies that may harm Yad L’Olim, the Site, the Services or a user;
- violating or circumventing any applicable laws, regulations or Yad L’Olim technical measures, security measures or policies;
- violating, infringing, or breaching the rights of Yad L’Olim or a third-party, including, but not limited to any copyrights, trademark rights, patent rights, trade secrets rights, rights of publicity or personality, moral rights, or any other proprietary rights;
- submitting to the Site or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or User Content; or
- knowingly withholding or failing to disclose information requested by Yad L’Olim and/or government or other agency.
Submitting false, inaccurate, misleading or deceptive information, or failing to disclose information requested by Yad L’Olim or required to be included or disclosed on a government or other form may result in civil or criminal liability and Yad L’Olim will not have any liability to you as a result of such actions.
Violations of system or network security may result in civil or criminal liability. Yad L’Olim will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcemnt authorities in prosecuting users who are involved in such violations.
5. User Content
When you transmit any information, content, materials or data to or through the Site or Services (“User Content”), you hereby grant Yad L’Olim and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, including throughout the world in any media. Yad L’Olim shall have no obligation to: (a) maintain any User Content you submit; (b) pay you any compensation of any kind for any User Content; or (c) respond to any User Content you submit. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you submit, and that Yad L’Olim use of such User Content does not violate or infringe upon the rights of any person or entity.
6. Ownership and Intellectual Property Rights
All materials, including text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Site or accessible through the Services (collectively, “Yad L’Olim Content”) are the property of Yad L’Olim or its licensors. Yad L’Olim's Content is intended solely for personal, non-commercial use. No right, title or interest in any Yad L’Olim Content is transferred to you by way of this Agreement or otherwise. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Yad L’Olim Content, the Site or any related software. The Yad L’Olim name and Yad L’Olim Logo are trademarks of Yad L’Olim.
7. Third Parties; Third Party Content and Services
References on the Site to any third parties, including persons or companies, and to any products or services of such third parties, are provided solely as a convenience to you. Yad L’Olim does not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or services. Without limiting the foregoing, Yad L’Olim is not a lawyer referral service, and makes no representations or warranties regarding any law firms or attorneys that may be referenced on the Site or through the Services, including whether any such law firm or attorney is licensed, qualified, competent or otherwise capable of providing adequate legal advice regarding your specific legal issues. Yad L’Olim may provide links to third-party websites. Yad L’Olim is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
8. Disclaimer of Warranty
THE SITE AND THE SERVICES ARE PROVIDED BY YAD L’OLIM ON AN “AS IS” AND “AS AVAILABLE” BASIS. YAD L’OLIM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, SERVICES, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON THE SITE OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YAD L’OLIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YAD L’OLIM DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT YAD L’OLIM WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL YAD L’OLIM, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND VOLUNTEERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF YAD L’OLIM, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND VOLUNTEERS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL YAD L’OLIM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
You agree to defend, indemnify and hold harmless Yad L’Olim, its directors, officers, employees, agents and volunteers (the “Indemnitees”) from and against any and all claims, costs, losses, liabilities, damages, penalties and expenses, including attorneys’ fees, arising from or related to your breach of this Agreement, your improper use of the Site or Services, your provision of false or incomplete information, or your breach of any applicable law or infringement of the rights of a third party.
11. Miscellaneous Terms
11.1. Consent to Electronic Communications. You consent to receive communications from Yad L’Olim electronically, and you agree that all agreements, notices, disclosures and other communications that Yad L’Olim provides to you electronically, via email, or on the Site, satisfy any legal requirement that such communications or agreements be in writing.
11.2. Assignment. You may not assign your rights under this Agreement without the prior written permission of Yad L’Olim and any attempt by you to do so shall be null and void.
11.3. Waiver. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
11.4. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
11.5 Survivability. In addition to any provisions that by their nature would survive, Sections 4 through 11 shall survive termination of this Agreement.
11.6. Governing Law. This Agreement and all obligations of the parties hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of Israel, without regard to any conflict of laws rules or analyses. Any action or proceeding arising from or relating to this Agreement must be brought to the courts in Jerusalem, Israel, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding and agrees to waive any defenses to venue and jurisdiction including forum non conveniens.
11.7. Entire Agreement. This Agreement, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and Yad L’Olim, and supersedes any and all other oral or written agreements or understandings between the parties.