NETAFIM USA TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
Welcome to Netafim USA terms and conditions of use. Netafim USA operates this web site (the “Web Site”) as a service to its visitors including participants who sign up with Netafim as members (“Members”) (such services to be referred to herein as “Services”) subject to these Terms (as defined below) and all modifications thereto, in addition to guidelines that may be published from time to time by Netafim. By entering and/or using this and other web sites owned, operated or maintained by Netafim USA or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the following terms and conditions of use (the “Terms”). Netafim USA reserves the right to modify them at any time, and without actual notice to you. All such changes to these Terms will appear on the Web Site: http://www.netafimusa.com/.
COPYRIGHT AND GENERAL TERMS
The operations, businesses, and properties described in this publication are owned or operated by Netafim USA Ltd. Limited or by various affiliates and subsidiaries of Netafim USA Ltd. Limited. The terms “Netafim USA” “company,” “we,” “our,” and “its” when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
As between Netafim USA and you, Netafim USA is the sole owner of all content on the Web Site including, without limitation, all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto The copyright in the contents of the Web Site is owned by Netafim USA.
You are permitted to access and browse the Web Site in accordance with the following terms and conditions:
The contents of this Web Site may be used for informational, non-commercial purposes only. The Web Site is intended to provide information about Netafim USA and its affiliates to potential customers, business partners, investors, and employees. Such information about Netafim USA may include, without limitation, a description of its products and services, financial performance, and potential employment opportunities. This publication is not intended to provide investment or agricultural advice.
Except as otherwise provided in these Terms, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.
No part of the contents of this Web Site may be distributed, modified, transmitted, reused, reposted or otherwise used without the express permission of Netafim USA except as provided herein.
Unless specifically requested, Netafim USA does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, any of its services, by e-mail, or in any other way. By submitting or sending information or other material to Netafim USA you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Netafim USA you grant Netafim USA the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived. You agree and acknowledge that by using this Web Site, any and all communications and/or information transmitted by you to or through the Web Site will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Netafim USA and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site or the placement or transmission of any message, content, information, software or other materials through the Web Site by you.
References on the Web Site to services and products or supplied software are provided by Netafim USA on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Netafim USA specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the web site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Netafim USA does not warrant or guarantee: (i) that any portion of the web site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the web site will be uninterrupted or error-free.
Under no circumstances, including, but not limited to, negligence, shall Netafim USA be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Web Site or any other Netafim USA web site, even if Netafim USA or a Netafim USA authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Web Site. In no event shall Netafim USA’ total liability to you herein, for any claim or action arising from use of the Web Site (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Netafim USA’ liability shall be limited to the fullest extent permitted by law.
Netafim USA and the Netafim USA logo are registered trademarks and/or service marks of Netafim USA or various affiliates and subsidiaries of Netafim USA. Nothing contained in the Web Site should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Netafim USA.
Other names, company names, brand names, registered and unregistered trademarks or service marks and logos (“the Marks”) are the property of their respective holders. Nothing contained in the site should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.
Linked sites are not under the control of Netafim USA and Netafim USA is not responsible for the contents of any linked site or any link contained in a linked site. Netafim USA provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Netafim USA of the site.
TIMELINESS & ACCURACY
While Netafim USA uses reasonable efforts to include accurate and up-to-date information on the Web Site, Netafim USA makes no warranties or representations as to its accuracy. Netafim USA assumes no liability or responsibility for any typographical or other errors or omissions in the content. Using the Web Site indicates that you accept these Terms.
You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify Netafim USA of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.
TYPOGRAPHICAL OR OTHER ERRORS
While Netafim USA takes reasonable care and skill to provide information which is accurate and up to date when first included on the Web site, typographical and other errors may nevertheless occur. Netafim USA does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Web site at any time without notice to you. While Netafim USA makes reasonable efforts to prevent unauthorized tampering with the Web site, Netafim USA does not guarantee that its efforts will always be successful. Therefore, as set below, Netafim USA does not warranty that the Web site materials will be error-free, and disclaims any liability for such errors.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
Netafim USA makes no representation that the Web site or its contents are appropriate for use in every country of the world. Your use of this Web site is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the Web site may not be legal by certain persons or in certain jurisdictions.
Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases.
LIMITATION OF LIABILITY
Use of the Netafim USA Web site is at your sole risk. While Netafim USA makes reasonable efforts to ensure the safety and functionality of our Web site, these efforts may fail and errors may occur. IN NO EVENT SHALL Netafim USA OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR USERS’ INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY. Netafim USA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN Netafim USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Netafim USA’s LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO Netafim USA FOR ACCESSING THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless Netafim USA and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this site.
Netafim USA shall have the right immediately to terminate this agreement with you and your use of the Web site if it determines in it’s sole discretion that you have breached any of these Terms or otherwise been engaged in conduct which Netafim USA determines in its sole discretion to be unacceptable.