THIS AGREEMENT SPECIFIES THE TERMS AND CONDITIONS FOR ACCESS TO AND THE USE OF THIS WEBSITE (THE "SITE") AND THE SERVICE PROVIDED BY THE E-Z-SAFE SYSTEM (THE “SYSTEM”) AS DETAILED HEREUNDER (THE “SERVICE”).
THIS AGREEMENT IS IMPORTANT - BEFORE ACCESSING THE SITE AND/OR THE SERVICE, YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH BELOW. PLEASE NOTE THAT THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU ("You") AND EASYSAFE (C.D.) LTD. (THE "COMPANY").
SPECIAL NOTICE FOR NON-ENGLISH SPEAKERS: WHILE THE SITE LANGUAGE COULD BE ENGLISH OR OTHER LANGUAGES, THIS AGREEMENT IS WRITTEN IN ENGLISH. IF YOU ARE NOT PROFICIENT IN ENGLISH AND FEEL THAT YOU CANNOT PROPERLY UNDERSTAND THIS AGREEMENT, WE RECOMMEND THAT YOU EITHER RETAIN THE HELP OF AN ENGLISH SPEAKER TO HELP YOU UNDERSTAND AND ACCEPT THE TERMS OF THIS AGREEMENT OR, ALTERNATIVELY, REFRAIN FROM USING THE SITE AND/OR THE SERVICE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE AND/OR THE SERVICE OR CLICK ON THE "I DO NOT AGREE", “DECLINE” BUTTON AND CANCEL THE OPERATION OF THE SERVICE.
1. THE SITE AND THE SERVICE
1.1. THE CONTENT ON THIS SITE
This Site may include any data, information, documents, code, software, photos, text, video, graphics, music, sounds, images, logos and other materials, excluding any information provided within the Stored Information (as defined hereunder) (the "Content"). The Content should not be considered complete, nor should it be relied upon for any purpose or means. This Site may be accessed from other countries around the world and may contain references to products, services, and programs that have not been made available in your country.
1.2. THE SERVICE
1.2.1. By entering into this Agreement with Company, You shall be granted the right to safeguard and store any and all information You provide to the System, which operates on the Site (i) by submitting any information to the System's tabs, such as bank details, insurance info, personal info, real estate details and wills; and/or (ii) by uploading attachment(s) to the System, including but not limited to movies, pictures, etc. (all information together shall be referred to in this Agreement as the "Stored Information"), and into multiple number of digital online safes (each a "Digital Online Safe") for your own convenience.
It is hereby clarified that You shall be solely responsible for the content of the Stored Information and for the organization and editing of the Stored Information in the Digital Online Safes, which You elected. Any damage and/or claim which shall arise as a result of the use of, or inability to use, the Site, the Service, the System and/or the Stored Information, including any loss of data of or corruption to the Stored Information, shall be borne by You.
(b) The Stored Information shall be available for You and shall be safeguarded by the System and shall not be released until the occurrence of your passing (a "Death Event"), as stipulated hereunder.
(c) The Company hereby clarifies that it shall not be entitled to read and/or sell and/or use the Stored Information in any way and/or share such Stored Information with any person or entity, unless explicitly stated or requested by You.
(d ) After entering into this Agreement, You shall be requested to define (i) the Digital Online Safe You wish to purchase for the storage of your Stored Information, (ii) designate contacts, to be the Safe Content Recipients (the "Designated Contacts")., (iii) how the systems recognize the Due Date, and (iv) the release mechanism of your Stored Information, . As the System recognize the Due Date, and pending to the selected release mechanism, every Contact from your Designated Contacts (as defined above), shall receive from Company its own and different login name and password for the opening of the Stored Information. .
1.2.2. The Service is provided to You on a personal and non-transferable basis.
1.2.3. Any information of the Stored Information that was submitted to the System via the Site's tabs, such as bank details, insurance info, personal info, real estate details, wills and other information, including all attachment(s) You provided in this manner, shall be provided to your Designated Contacts, as shall be specified by You, in a read-only form..
1.2.4. For the avoidance of any doubt, it is hereby clarified that Company shall not be liable to and/or responsible for the content of any such attached information and/or the form of the attached information through your use of this Service and shall not be liable to and/or responsible for any damage and/or claim which shall arise as a result of the providing of such attached information within the Stored Information.
1.3. THE PURCHASE OF THE SERVICE
1.3.1. The Service shall be purchased directly from Company, whether through credit cards, PayPal and/or paper payments.
1.3.2. Purchase of Service is deemed achieved as soon as You provide Company with a valid mean of payment with respect to the Service (the "Purchase Date").
1.3.3. The Service can be provided on a monthly basis, or a yearly basis or any other basis as shall be determined by the Company, from time to time. If You chose monthly payments and, unless terminated earlier, the Service shall automatically be renewed upon the first day after completion of each 1 month's term as from the Purchase Date (e.g., if the Purchase Date was on February 23rd, then the Service is automatically renewed on the 23rd of each consecutive month). The initial month is from the Purchase Date and each such renewal is deemed a "Service Month".
1.3.4. Company is entitled, at its sole discretion, to change any of the rates of the provided Service at any time. Any rate change shall be updated on the Site and become effective immediately upon such update, and You are responsible to review the Site, for this purpose, from time to time.
1.3.6. Unless You terminate the Service in accordance with the terms and conditions of the Agreement, the automatic renewal of the following Service Month(s) shall occur and You shall be deemed as accepting any changes of the terms and conditions applicable to the Service (including the rates).
1.4. AUTHORIZATION TO PURCHASE AND USE THE SERVICE
1.4.1. You may purchase the Service only if he/she is eighteen (18) years of age or older and has the legal authority to enter into the Agreement.
1.4.2. A person may purchase the Service only for her/his personal use (with respect to a customer that is an entity, personal use of the Service refers to use by the people employed by and/or managing such entity). You may not resell, assign or otherwise transfer the Service and/or any of its rights pursuant to the Agreement, and may not use the Service for unreasonably high volume purposes, unless provided with Company's prior written consent.
1.4.3. You acknowledge that it is exclusively Your responsibility to check, prior to electing the type of safe, the costs and expenses related to such elected safe.
1.4.4. You are solely responsible for violation of any local laws and/or regulations applicable in the country in which You shall be and in which You shall make use of the Service and/or other jurisdiction to which the Service are subject to.
1.4.5. By purchasing the Service, You declare and warrant that You are acting lawfully.
1.4.6. You are responsible, and must pay, for all use of the Service, whether by You or by any third party (whether acting with or without your permission).
1.4.7. You undertake to use the Service for lawful purposes only and only in accordance with all terms, conditions and restrictions of the Agreement and with any applicable law.
1.5. TERMINATION OF THE SERVICE
1.5.1. You may terminate the Service at any time, by notifying the Company. In order to eliminate any doubt it is clarified that termination by You may not be effected by any method other than calling the Company and/or sending an E-Mail and notifying a representative of the Company thereof (leaving a message with the automated answering machine is not sufficient), and that your request not to renew the Service for additional Service Month(s) must be received by Company at least one (1) business day before the next Service Month enters into effect. Termination as per your request is immediate and cannot be effected at a later time.
1.5.2. Company may, at its sole discretion and without having to provide reason therefor, refuse to provide the Service, and may terminate the Service at any time for any reason not stipulated herein, by notice to the E-Mail address provided by You.
1.5.4. Without derogating from the aforesaid, Company may terminate the Service if it determines, at its sole discretion, that the use of the Service at any time exceeded normal or reasonable inbound or outbound private usage (amount or pattern), in light of the Service.
1.5.5. Company reserves the rights to terminate or limit your access to the Site and/or to the Service and/or to any part thereof and/or Content therein and/or the Stored Information, for any reason or for no reason.
IN ANY EVENT OF TERMINATION OF THE SERVICE OTHER THAN PURSUANT TO SECTION 1.5.2 ABOVE, REGARDLESS OF THE TIME OF ITS OCCURRENCE, YOU ARE NOT ENTITLED TO ANY REFUND OF PAYMENT, AND ANY AND ALL SUMS OWED BY YOU IMMEDIATELY BECOME DUE AND PAYABLE.
2. SITE AND SERVICE RESTRICTIONS
You agree that you shall use the Site only in a manner that complies with all applicable laws in the jurisdictions in which you use this Site and/or Service, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Service; (ii) modify, translate, distribute or create derivative works of the Site and/or Service; (iii) rent, lease, transfer, or otherwise transfer rights to use the Service; (iv) remove any proprietary notices or labels on the Site; (v) use this Site and the Service for any purpose except for non-commercial use; (vi) use this Site and/or the Service in any way to provide, or as part of, any commercial service; (vii) attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, any Content on the Site and/or any Content you are granted access to on the Service; (viii) copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site and/or the Service, except that you may access and display material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only; (ix) distribute any part of this Site over any network; (x) decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software; (xi) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site and/or the Service or any transaction conducted on this Site.
You agree that any information or other material that you upload, post, otherwise make available through your use of this Site or the Service: (a) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation; (c) shall not be intentionally malicious or derogatory toward any Company ; (d) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Without derogating from the generality of the foregoing, it is hereby clarified that You are the sole liable and responsible for the content of any of information and/or other material you upload, post, transmit, upload or otherwise make available through your use of this Site or the Service and any damage and/or claim which shall arise as a result of the use of, or inability to use, the Site, the Service and/or the said information and/or materials and/or the Stored Information, including any loss of data of or corruption to the Stored Information, shall be borne solely by You.
3. GENERAL COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and the Service and/or any other products and services.
4. CONTAMINATED DATA AND MALICIOUS APPLICATIONS
You hereby acknowledge and understand that by using the Internet and/or the Site and/or the Service (including by mere access) and/or Content, You may be exposed to contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages. Furthermore, by using the Service, You understand that any other information available now or in the future on the Site and/or Service including links, services, messages advertisements, cookies and the like may be installed on Your computer and You hereby waive any claim and/or cause of action against Company in this respect.
5. TITLE AND OWNERSHIP
The Content used and displayed on this Site, as well as the design and layout of this Site, are the property of the Company or its licensors or its partners and are protected by copyright, trademark and other laws. In addition, the Company and its licensors control certain rights in individual elements of the Content with this Site and/or in the selection, coordination, arrangement and enhancement of such Content. The Contentmay be displayed and printed solely for your personal, internal and non-commercial use. You may not reproduce, modify, retransmit, distribute, disseminate, circulate, publish, broadcast, perform or sell any such Content, whether in whole or in part, without the prior written permission of Company or the third party owner of such Content. You also may not remove any copyright or other proprietary notices contained in any documents or other Content provided on this Site.
6. NO REPRESENTATIONS OR WARRANTIES
THE SITE, THE SERVICE AND THE CONTENT ARE ALL PROVIDED "AS IS", AND ON "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE SITE, THE SERVICE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE SITE, THE SERVICE AND/OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS AND/OR INTERRUPTIONS IN THEIR OPERATION WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE, THE SERVICE AND THE CONTENT. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR COMPUTER RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE AND/OR THE CONTENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY, ITS EMPLOYEES, SUPPLIERS, DIRECTORS, LICENSORS, PARTNERS, AGENTS AND/OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE AND/OR THE CONTENT, (JOINTLY, "COMPANY'S INSTRUMENTS"), (B) THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR COMPUTER, (C) THE INTERRUPTION OR INABILITY TO USE YOUR COMPUTER, OR (D) ANY OTHER MATTER RELATING TO YOUR USE ANY OF COMPANY'S INSTRUMENTS , INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IN NO EVENT WILL COMPANY'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $5.00
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND EACH OF THE COMPANIES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES), DUE TO OR ARISING OUT OF THE DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH ANY OF COMPANY'S INSTRUMENTS, YOUR USE OR MISUSE OF ANY OF COMPANY'S INSTRUMENTS, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY.
(a) This Agreement shall be governed by the laws of the state of Israel, and the courts of Tel Aviv shall have the sole jurisdiction for any interpretation and/or dispute arising from this Agreement.
(b) This is the complete and exclusive agreement between you and Company with respect to the subject matter of this Agreement, and it supersedes any agreement, oral or written, and any other communication between you and Company relating to the subject matter of this agreement.