Last Updated: July 10th, 2020
DESCRIPTION OF SERVICES
Vision for Israel is a non-profit association that provides aid to poor and needy people from all backgrounds living in the nation of Israel today. Through the Website, Users may, among others, learn more about Us and Our social projects, donate to charities and organizations for social projects listed on the Website (such as education, holocaust survivors, new immigrants, victims of terror, lone soldiers, aid to poor) or otherwise get involved in joining Our volunteering activities.
By accessing or using any part of the Website, You sign that You have read, understood, and agree to be bound by this Agreement. If You do not agree to the terms and conditions of this Agreement, then You should not continue to use the Website. If You are entering this Agreement on behalf of a company or another legal entity, You represent that You have the authority to bind such entity to this Agreement, in which case the terms "You" or "User" shall refer to such entity.
- "Content" means any content and information on the Website, including verbal, visual, audio, audio-visual content and the design, adaptation, editing, distribution and mode of presentation of such content (including without limitation, text, graphics, and images, photographs, audio and video files and/or content)
- "Service" means the Website, including its associated guidelines and tutorial components, and other related products and services, any and all accompanying personal support and services, if and as provided, and any changes and/or modifications of the above, which may be completed by Us from time to time, in Our sole discretion.
- "Service Errors" means any interruption in the availability of the Website caused by factors under Our direct control.
- "You" or "Users" includes, without limitation, any individual and/or entity and/or party or anyone acting on their behalf making use of, and/or browsing on, the Website and/or the Service.
- "Your Data" means all information that You submit or transmit through the Website and/or the Service.
- We hereby grant to You a free of charge, non-exclusive and non-transferable license to electronically access and use the Website in accordance with the terms and conditions of this Agreement.
- In order to use certain services on the Website, You may be required to provide Us with personal data (including full name, email address, phone number, postal address, billing address, region and country). The collection of person data is regulated by Our Privacy Policies. Some features of the Website may contain a specific identification number for the purpose of tracking the number of unique instances of such features being used by You.
- You are required to provide true, accurate, correct and full details about yourself as required in the Website. If You are a business, government, or non-profit entity, You must use the actual name of Your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
- The Website displays social projects that are carried by Us but, in some events, We may decide in Our sole and absolute discretion to carry out these projects in partnership and cooperation with some charities and/or organizations. The presentation and layout of the Website is at Our sole and absolute discretion.
- If You choose to make a donation, You will be transferred to the donations external portal where your payment will be processed. Payment may be made via PayPal, or by debit or credit card via the services of Our payment partners. We do not receive payments directly from the Users through the Website and do not collect payment information through the Website (except billing information) since payments are made via an external page owned by third parties. For the avoidance of any doubt, payments via PayPal services or via the services of Our payment partners are subject to the terms and conditions set by such third parties.
- With respect to projects carried out in partnership and cooperation with charities and/or organizations, We give no undertaking that all information published on the Website shall necessarily reflect the social projects and there may be situations where the information provided to Us by the charities and/or organizations is not fully accurate. In this case, We shall have no direct or indirect liability for this information and for any use you make of it. We shall not be liable for any gaps, inaccuracies and/or errors that may arise between the information appearing on the Website and the actual status of the social projects carried out in partnership and cooperation with charities and/or organizations and we shall not be liable for any damage and/or monetary loss caused to You and/or any third party as a result of reliance on any such information.
- We are not responsible for any dissatisfaction You may have regarding the use of any donation You make through the Website. Please note that if you are donating to a specific project on the Website, we will do our best to ensure that such project shall be carried out; however, in unforeseen circumstances such as project overfunding or change of scope, the funds might be used for other needs and other projects, at Our sole discretion.
USE OF THE SERVICE
- Your Responsibilities. You shall (i) be responsible for Your compliance with this Agreement, (ii) be and remain solely responsible for the accuracy, quality, integrity and legality of Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Website, and notify Us promptly of any such unauthorized access or use, (iv) be responsible for safeguarding all information provided as part of the Service and all usage of the Website, in the same manner, you would safeguard Your own information of a confidential nature, and (v) use the Website only in accordance with applicable laws and government regulations.
- Without derogating from anything in this Agreement or otherwise, You shall not (a) make the Service available to anyone other than those entities and/or individuals that have agreed to adhere to the terms and conditions herein, (b) sell, resell, rent or lease the Service, (c) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, or post, transmit, redistribute, upload, or promote any materials that violate or infringe in any way upon any rights of others, including without limitation, intellectual property rights such as, for example only, copyrights and trademarks (including any materials which are illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others, harms or threatens the safety of Users or others or may otherwise constitute a breach of any applicable law), (d) use the Service to store or transmit viruses, worms, time bombs, trojan horses and any and all other harmful code, files, scripts, agents or programs, (e) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (f) attempt to gain unauthorized access to the Service or their related systems or networks, (g) data mine, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any part of the Service, or in any way ascertain, decipher, or obtain the communications protocols for accessing any part of the of Service, or the underlying ideas or algorithms of any part of the Service, in an effort, for example, but without limitation to develop other applications or services that provide similar or substitute or complimentary functionality to such part of the Service; (h) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels contained on the Website; (i) create derivative works based on the Website, copy, frame or mirror any part or Content of the Website, other than copying or framing for Your own internal personal purposes during the subscription term and for Your exclusive use; (j) access the Website in order to, or (1) copy any features, functions or graphics of the Website (2) distribute, modify, transmit, reuse, download, in whole and/or in part, Website's Content for commercial purposes or for personal gain; (k) violate any applicable law; (l) run any form of auto-responder or "spam" on the Service, or any processes that run or are activated while You are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service's infrastructure.
- Protection of Your Data. We are committed to protecting the privacy and security of your personal information. Our Privacy Policies describe how we collect and use personal information about you during and after your relationship with us. We shall not use Your Data except in accordance with the terms and conditions of Our Privacy Policies which constitute an integral part of this Agreement.
- We reserve the right to change Our Privacy Policies from time to time and We recommend You revisit them periodically. If You have any questions about our Privacy Policies or how We handle Your Data, please contact [[email protected]] for further information.
- Modifications and Additional Terms. Without limiting any other terms herein contained, We reserve the right in Our sole discretion to add, change, discontinue or otherwise modify elements and features to the Service at any time. We will post notifications regarding such changes on Our Website. It is, therefore, important that You review this Agreement regularly to ensure You are updated regarding any changes. In addition, in order to use certain parts of the Website, You may be required to agree to additional terms and conditions. Those additional terms are hereby incorporated into this Agreement as an integral part hereof.
- Notifications. We may, from time to time, as part of Your use of the Website, send You automatic alerts and notifications via email. The aforesaid alerts and notifications shall contain information regarding updates, advertising content, and additional information with respect to the Service. You may, at any time, unsubscribe from future alerts and notifications by following the instructions contained in the email sent to You.
- Reservation of Rights. Subject to the limited rights expressly granted hereunder, We reserve all rights, title, and interest in and to the Service and Website and all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. You acknowledge and agree that the Service is fully owned by Us and/or duly licensed to Us and may be protected under international patent, copyright, trademark, or trade secret laws as well as international treaties. You further agree that all right, title, source code, documentation, drawings, data, designs, tooling, equipment, procedures, engineering changes, inventions, trade secrets, copyrights, mask works, all related know-how and all intellectual property related to the foregoing, including any changes, modifications, revisions, enhancements, improvements and derivative versions and/or editions thereof, and all rights therein, including all intellectual property rights applicable thereto, shall remain vested in Us and/or such third parties that duly licensed such intellectual property to Us and You shall have no rights in or claims with respect thereto.
- Ownership of Your Data. You exclusively own all rights, title, and interest in and to all of Your Data. You affirm, represent and warrant that: (i) Your Data and Your use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and/or privacy rights, (ii) Save as set out in Our Privacy Policies, We take no responsibility and assume no liability for Your Data (in part and/or in whole). You shall be solely responsible for Your Data and the consequences of submitting it.
- Your License to Us. You hereby grant Us a royalty-free, perpetual, sub-licensable, irrevocable and worldwide license to copy, duplicate, distribute, sell, market, provide to the public, translate, and use or perform any other operation with Your Data and you shall have no claim and/or cause of action against Us in connection with the use of Your Data.
- Third-Party Data. All title and intellectual property rights in and to any data of any third party which may be linked to or viewed in connection with the Service is the property of the respective data owner and may be subject to terms and conditions of third parties that duly licensed such content to Us ("Third Party Agreements"). You acknowledge that the terms of such Third Party Agreements shall be binding upon You with regard to any use You make under the Service, including any subsequent changes to the Third Party Agreements. The look and feel of the Service and the Website, including its color combinations, logos, button shapes, and other graphical elements, also are the trademarks and intellectual property of Ours. Other trademarks used on the Website are the property of their respective owners. The license granted under this Agreement shall not constitute a sale of the content on the Website or any portion or copy thereof and You shall not acquire any rights therein, express, or implied through this Agreement other than those expressly specified herein.
- Links. The Website may provide links to other external websites and online resources. Since We have no control over such sites and resources, You agree and acknowledge that We are not responsible for the availability of such external sites or resources, and We neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other websites may provide links to the Website with or without Our authorization. You acknowledge and agree that We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
- You agree that Your use of third parties web sites and resources, including without limitation, Your use of any content, information, data, advertising, products, or other materials on or available through such web sites and resources, is at Your own risk and is subject to the terms and conditions of use applicable to such sites and resources. We shall have the right, but not the obligation, at any time and in Our sole discretion, to block links from and to the Website through technological or other means without prior notice.
- Sponsors. We may choose to acknowledge certain persons or entities that provided donations or participated in Our volunteering activities. Such acknowledgment may be in the form of recognition on the Website by use of such persons or entities' names or marks and/or links to such person or entities' own websites. If You choose to click on the links to the donors or volunteers' websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of Our donors or volunteers, You do so on Your own initiative and You acknowledge and agree that We are not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgment of or links to such sponsors in conjunction with the Website.
- If You choose to participate in Our volunteering activities after receiving confirmation from Us regarding such participation (the "Volunteering Activities"), Your participation shall be subject to the following terms and conditions and/or any other agreements that may be entered between You and Us.
- You acknowledge, agree, and understand that accidents may occur during Your participation in the Volunteering Activities which could result in injury or death and You are aware of and appreciate the risks that may result of Your participation in all such Volunteering Activities. Your participation is voluntary with knowledge of all such risks, and You agree to take all necessary precautionary measures.
- You assume full and complete responsibility for any injury or accident which may occur during Your participation in any Volunteering Activity, and You hereby release, indemnify and hold Us and Our affiliates, employees and other persons and entities associated with the Volunteering Activities, harmless (all individually and collectively known as “Releasees”), from any and all claims, losses, injuries, and liabilities, or damages (collectively, “Activity Damages”) that You have or may have in the future based upon any acts or omissions, whether known or unknown, relating to, arising out of, or in connection with, any such Volunteering Activity, WHETHER SUCH ACTIVITY DAMAGES BE CAUSED BY YOU OR BY THE NEGLIGENCE, OF ANY DEGREE, OF US, OUR AFFILIATES OR EMPLOYEES OR OTHER PERSONS OR ENTITIES ASSOCIATED WITH ANY SUCH ACTIVITY. These terms may not be modified orally or in writing by any individual. Your participation in any Volunteering Activity is at Your own risk.
- You acknowledge and agree to release in advance, and to waive Your rights and to discharge all of the Releasees, from all claims, losses or liabilities for death, bodily injury or property damage that You may have, or which may hereafter accrue to You, as a result of Your participation in any Volunteering Activity, EVEN THOUGH THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE RELEASEES, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge, agree, and understand that this waiver and release of liability is binding on Your heirs, assigns, and legal representatives.
- You understand that Your name, photograph, voice, or likeness may be used for all promotional purposes related to Your participation in a Volunteering Activity by Us and Our affiliates and employees. You consent to and authorize, in advance, such use and waive all rights of privacy You have in connection therewith, and You understand that You will not benefit financially from any such use.
- On behalf of any minor participants, such minor’s parent or legal guardian hereby irrevocably and unconditionally agrees to all of the terms of the provision 8 to this Agreement. Such parent and legal guardian also, for themselves and on behalf of the applicable minor, and their heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless the Releasees, with respect to any and all claims or causes of action they or the applicable minor may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES OR OTHERWISE, WHETHER OR NOT NEGLIGENCE HAS BEEN PROVEN, to the fullest extent permitted by law.
WARRANTIES AND DISCLAIMERS
- Mutual Warranties. Each party represents and warrants that it has the legal power to enter into this Agreement.
- YOU HEREBY DECLARE AND ACKNOWLEDGE THAT THE SERVICE AND THE CONTENT CONTAINED THEREIN ARE BEING PROVIDED ON “AS IS” AND "AS AVAILABLE" BASIS AND THEREFORE YOU USE THE SERVICE AT YOUR SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
- WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR NEEDS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR BE FREE FROM SERVICE ERRORS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION, AS MAY BE UPDATED FROM TIME TO TIME, OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, UPDATED, UPGRADED, FIXED, OR ENHANCED. NO ACTION SHOULD BE TAKEN, DELAYED, OR DEFERRED BASED ON THE ANYTHING FOUND ON THE SERVICE. CONTENT APPEARING ON THE WEBSITE AT ANY GIVEN TIME WILL CONTINUE TO APPEAR OR REMAIN ON THE WEBSITE FOR ANY PERIOD OF TIME WHATSOEVER.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY ERROR CORRECTIONS, UPDATES, UPGRADES, BUG FIXES AND/OR ENHANCEMENTS.
You shall indemnify and hold Us and our predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys harmless from and against any and all losses, damages, costs, and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; (ii) Your use of the Service; (iii) Your Data; (iv) Your breach of this Agreement; or (v) the use by You of any third party's intellectually property, or any action or inaction by You that infringes or misappropriates the intellectual property rights of a third party or violates any and all applicable law.
- Limitation of Liability. YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, IN RESPECT ANY CONTENT OR ADVICE UPON WHICH YOU DECIDE TO RELY FURTHER TO THE USE OF THE WEBSITE. WE SHALL NOT BE DEEMED RESPONSIBLE FOR ANY CONTENT OR ADVICE, AND RELIANCE ON SUCH CONTENT AND ADVICE IS AT YOUR SOLE AND ENTIRE RISK.
- THE SERVICES AND CONTENT APPEARING ON THE WEBSITE ARE INTENDED TO BE FOR INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE AN ADVICE, RECOMMENDATION OR PROFESSIONAL OPINION AND ARE NOT INTENDED TO BE A REPLACEMENT FOR PROFESSIONAL ADVICE.
- IN ANY EVENT, WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS OR ANY OTHER PERSON ENTITY ACTING ON OUR BEHALF, SHALL NOT BE LIABLE FOR ANY DAMAGE (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), LOSS, EXPENSE OR PAYMENT CAUSED TO YOU DUE TO THE USE OF THE SERVICE OR THE INABILITY TO USE IT.
- IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL OF USD 1,000 (ONE THOUSAND US DOLLARS).
- Exclusion of Consequential and Related Damages. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TERM AND TERMINATION
- Term of Agreement. This Agreement commences on the day you start using the Service and continues until terminated for any reason. We may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); or (ii) We are required to do so by law (for example, where the provision of the Service to You is, or becomes, unlawful); or (iii) We are transitioning to no longer providing the Service to Users in the country in which You are resident or from which You use the Service; (iv) or the provision of the Service to You by Us is, in Our opinion, no longer commercially viable.
- Notwithstanding anything to the contrary, We may discontinue the Service at any time in Our sole discretion with no notice.
- Surviving Provisions. 7 (Proprietary Rights), 8 (Volunteering Activities), 9 (Warranties and Disclaimer), 10 (Indemnification), 11 (Liability), 12 (Term and Termination and Surviving Provisions), and 13 (General Provisions) shall survive any termination or expiration of this Agreement.
- Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices, permissions, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the third business day after mailing, (iii) the third business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to You shall be addressed to the address provided to Us by You. Notices to Us shall be to [email protected].
- Relationship of the Parties. This Agreement, including any of its provisions, does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties.
- No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
- Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
- Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
- Age Restrictions. Use of the Service is restricted to those individuals 18 years of age or older that are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties herein. By using the Service, You hereby represent that You are 18 years of age and have the authority to enter into the Agreement. Children between the ages of 13 to 18 may use the Services only under the supervision of a parent or guardian.
- Assignment. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Us. Notwithstanding the foregoing, We may assign this Agreement in its entirety, to any third party, including to affiliates. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
- Governing Law & Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to and agrees that each party is subject to, the exclusive jurisdiction of the court of Tel-Aviv, Israel for any litigation arising out of this Agreement.
- Anti-Corruption. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with this Agreement. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Our team at [email protected].
- Anti-Money Laundering and Anti-bribery. We are committed to ensuring adherence to anti-money laundering regulations. You warrant that You will fully comply with any due diligence request made by Us for Anti-Money Laundering and Anti-bribery purposes and that the documentation You will provide to Us is genuine. Moreover, You undertake to ensure to the best of Your knowledge and belief and after due diligence, that no money laundering or other unlawful act is committed in connection with using the Website and further that no proceeds of any money laundering activities are used. You – and shall always be – compliant with all applicable anti-money laundering regulations at all times.
- Force Majeure. We will not be liable for any Website downtime or for failure to perform Our obligation under this Agreement due to causes beyond Our reasonable control including, but not limited to unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Such Website downtime or delay in performance of obligations by Us will be extended by the period of such force majeure related delay or We may at our own discretion cancel any subscription Services or remaining part thereof, without liability, by giving notice to You.
- Taxes and Duties. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with Your activity in connection with the Service, provided that We may, in Our sole discretion, do any of the foregoing on Your behalf as it sees fit.
- This Agreement, including all Appendices attached hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.