PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY PRIOR TO ACCESSING OR USING THIS WEBSITE.
COPYRIGHT. All materials displayed or performed on or accessible through the Website, including any text, images and other materials contained or displayed on any Waterfall publication, product, service, report or e-mail are proprietary to Waterfall, except where otherwise noted, and constitute valuable intellectual property of Waterfall, protected by applicable patent, copyright and trade secret laws (including, inter alia, US Patent 7,649,452, US Patent 8,223,205 and other pending patent applications) and by international treaty provisions. No material from any part of the Website or any Waterfall publication, product, service, report, e-mail or any third party website linked to and from the Website may be downloaded, transmitted, broadcasted, transferred, assigned, reproduced, stored in a retrieval system, or in any other way used or otherwise disseminated in any form to any person or entity, without the explicit prior written consent of Waterfall, which may be given by way of specific notice displayed on the Website. All unauthorized reproduction or other use of material from Waterfall or the Website shall be deemed willful infringement(s) of Waterfall’s copyright and other proprietary and intellectual property rights. You acknowledge and agree that you will not use the Website or any materials accessible through the Website in any manner that violates or misappropriates or could result in a violation or misappropriation of intellectual property rights of Waterfall, including, without limitation, copyrights, trademarks, trade secrets and/or patent rights. Under no circumstances shall you assert or contest any ownership rights in and to Waterfall’s intellectual property in any action or proceeding of whatever kind or nature, nor shall you take any action that may prejudice, render generic, weaken or diminish the good will associated with Waterfall’s intellectual property rights. Waterfall expressly reserves all rights in connection with its intellectual property, including without limitation the right to block the transfer of its products and services and/or to track usage thereof, through electronic tracking technology, and all other lawful means, now known or hereafter devised. Waterfall reserves the right, without further notice, to pursue to the fullest extent permitted by law any and all criminal and civil remedies for the violations of its rights.
TRADEMARK. The trademarks, trade names, domain names, logos, service marks, slogans, and other indicia of origin (collectively the “Trademarks“) displayed on the Website are registered and unregistered Trademarks of either Waterfall and/or its affiliates and/or its partners and/or third parties. Nothing contained on the Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the explicit written consent of Waterfall or its respective owner. Misuse of any Trademarks, or any other content, displayed on the Website, is prohibited. Waterfall reserves the right, without further notice, to pursue to the fullest extent permitted by law any and all criminal and civil remedies for the violations of its rights.
RESTRICTIONS ON USE OF THE WEBSITE. You agree not to do the following while accessing or using the Website: (a) disseminate or transmit viruses, worms, trojan horses or any other harmful or malicious code, files, scripts, agents or programs; (b) interfere with or disrupt, or attempt to interfere with or disrupt, the integrity or proper operation of the Website; (c) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; and (d) violate any applicable law, regulation and any third party’s rights.
DISCLAIMER AND LIMITATION OF LIABILITY. While Waterfall shall use reasonable efforts to provide up-to-date and accurate information, Waterfall makes no warranties or representations as to the accuracy of the information provided on the Website and assumes no liability or responsibility for any errors or omissions in such information. You expressly acknowledge and agree that your use of the Website is at your own risk. All Information available through the Website is provided on an “AS IS” basis. Waterfall makes no warranty that the Website will meet your requirements, be uninterrupted, secure or error free, free of viruses or other harmful components or destructive files. The content of the Website is subject to change without notice.
WATERFALL SPECIFICALLY DISCLAIMS ANY AND ALL WARANTIES, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRIDGMENT OR MISAPPROPRIATION OF THIRD PARTY’S RIGHTS, AND WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. WATERFALL’S OBLIGATIONS WITH RESPECT TO ITS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE AGREEMENTS UNDER WHICH THEY ARE PROVIDED AND NOTHING ON THIS WEBSITE SHOULD BE CONSTRUED TO ALTER SUCH AGREEMENTS. IN NO EVENT WILL WATERFALL ASSUME ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR ANY MALWARE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THE WEBSITE. IN NO EVENT SHALL WATERFALL, ITS AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTITIVES BE LIABLE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, CONSEQUENTAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF PROFIT, REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS (INCLUDING, WITHOUT LIMITATION, FOR ERRORS OR OMISSIONS IN THE INFORMATION IN CONECTION WITH THE WEBSITE), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THE WEBSITE, AND IN ALL CASES, WHETHER OR NOT WATERFALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
INDEMNITY. You agree to hold Waterfall harmless, indemnify and defend Waterfall, its officers, directors, employees, affiliates and representatives from and against any and all actions, causes of action, suits, damages, liabilities, losses, claims and demands of whatever kind or nature, in law or equity, directly or indirectly, arising out of or in any way related to your violation of these Terms or your access to, use of or browsing in the Website, and all costs and expenses incurred by Waterfall as a result thereof, including attorney’s fees and court costs.
COMMUNICATIONS. In connection with your use of the Website, Waterfall may send you service announcements, administrative messages, and other information. You may opt out of some, but not all, of those communications.
GENERAL PROVISIONS. Waterfall may revise these Terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of posting. Your continued use of the Website after such update or revision shall constitute your agreement to be bound by any such updates or revisions. If any provision of these Terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect and enforceable. These Terms shall be governed by, construed and enforced solely and exclusively in accordance with the laws of the State of Israel, without regard to its conflict of law rules. The respective courts of Tel-Aviv-Jaffa, Israel, shall have exclusive jurisdiction over all disputes relating to these Terms and you consent to personal jurisdiction in those courts.
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Last updated on February 9, 2016.