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Terms of Use

General

The terms and conditions set forth herein are those under which you may use BarWhiz.com (the "Agreement" or the "Terms of Use"). The Terms of Use are a binding agreement between you and Nir Yoni Holdings LTD. (referred to as "NYH", “us”, or “we”), the company which operates BarWhiz.com (the "Website" or "BarWhiz"). Your use of BarWhiz indicates your acceptance of these terms and conditions. If you do not agree to the terms and conditions of the Terms of Use, you should immediately cease all usage of this web site and service. You may not accept these Terms of Use and you may not use the Website if you are not qualified to create a binding legal agreement, for example because of your age, or if the use of the Website is prohibited by any applicable law. The term 'you' refers to anyone using, or viewing the website or any part of the website by any mean. NYH may revise this Agreement and the changes will bind you as of their effective date. It is your responsibility to check this page online from time to time. Any use of the Website and/or any of its services will be considered as acceptance by you of the then-current Agreement. If at any time you find the Agreement unacceptable, you should no longer use the Website and/or the services provided by NYH. The use of the web site BarWhiz.com and its services are a privilege. We reserve the right to suspend or cease this privilege in general or on an individual basis for any reason at any time, based on our sole discretion. Questions concerning the usage of the web site BarWhiz.com or services provided should be sent by e-mail to support@barwhiz.com. NYH is the sole interpreter of the intended and acceptable use of this web site and has the right to reject posting by any party without explanation. The contents of this website are the property of NYH. NYH has the right to edit, change or delete any profile, contact information or any other information or materials submitted by any user. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

Disclaimer and Liability Limitations

THE WEBSITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORAMTION BEFORE RELYING ON IT. USE OF THIS SITE AND THE CONTENT IS AT YOUR SOLE RISK. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, NYH DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. Without derogating from the abovementioned, The content has been prepared and/or obtained for general information and entertainment purposes only and is not intended to provide legal, medical, tax, or professional advice. You acknowledge that NYH, its owners, partners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the content is correct, complete, or up-to-date. Furthermore, NYH makes no representations or warranties regarding the use or the results obtained through use of this web site in terms of its correctness, truthfulness, accuracy, completeness, timeliness reliability, or otherwise, of any materials, information or documents posted by users, or of any other form of communication engaged in by, between or among users. As a condition to use of this web site, you warrant to NYH that you will not use this web site for any purpose that is unlawful or prohibited by the terms of this Agreement. You shall not use this site to publish or otherwise transmit to any other person any defamatory, libelous or fraudulent information; any material that may violate any law of any jurisdiction regarding obscenity, pornography or profanity; or any content that is or a reasonable person might understand to be of a terrorist, threatening, offensive, abusive or harassing nature; or that a reasonable person might understand to constitute or encourage criminal behavior. UNDER NO CIRCUMSTANCES SHALL NYH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND ITS SERVICES EVEN IF NYH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT NYH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE HIGHER BETWEEN (I) AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THE SITE, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) THE AMOUNTS ACTUALLY RECEIVED FROM NYH INSURANCE, IF ANY, WITH RESPECT OF SUCH CLAIM.

Modifications and Interruption to Service

NYH reserves the right to modify or discontinue the web site with or without notice to you. NYH shall not be liable to you or any third party should NYH exercise its right to modify or discontinue the web site. You acknowledge and accept that NYH does not guarantee continuous, uninterrupted or secure access to its web site and operation of NYH's web site may be interfered with or adversely affected by numerous factors or circumstances outside of its control.

Web Site Security Rules

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. NYH specifically prohibits any use of the Web Site, and you agree not to use the Web Site, for any of the following:
  • Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate information.
  • Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity.
  • Deleting or revising any material posted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site.
  • Taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
Use of information

Using e-mail addresses provided at registration or otherwise, BarWhiz.com periodically sends out e-mail newsletters and promotional e-mail to our users about services and products offered by NYH and its advertisers. You hereby agree to receive such e-emails and you will be entitled, at any time, to opt-out and remove your e-mail from NYH's mailing list.

Membership Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password, and you shall be responsible for all activities that occur under your account or password.

Indemnity

You agree to defend, indemnify, and hold NYH, its officers, directors, affiliates, employees and agents, harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees and costs arising or resulting from your use of the site, from the content of any material posted by you, or from your breach of this Agreement, or infringement by you of any intellectual property or any other right of any person or entity. NYH shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

Links to Third-Party Sites

The Website may contain links to other locations over the Internet, and there is no endorsement, guarantee or warranty made or implied with respect to other locations and websites. Links to third party websites on this site are provided solely as a convenience to you and are not under our control. If you use these links, you will leave this site. You acknowledge that NYH or BarWhiz shall have no responsibilities or liabilities whatsoever for the availability of, or the content or privacy practices located on or through, any such linked site or any link or linking program at any time. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk. NYH does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and NYH or BarWhiz is not responsible to any of them.

Copyrights

NYH grants you a limited, revocable and nonexclusive license to access and make personal non-commercial use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of NYH. Without derogating from the above, NYH specifically prohibits any use of the Website, and you agree not to use the Website, for any of the following:
  • any resale or commercial use of this site or its contents
  • any collection and use of any profile information, description, or content
  • any derivative use of this site or its contents
  • any downloading or copying of account information for the benefit of another merchant
  • any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, modified, distributed, replicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NYH. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NYH and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing NYH's name or trademarks without the express written consent of NYH. Any unauthorized use terminates the permission or license granted by NYH. You are granted a limited, revocable, and nonexclusive right to create a hyper-link to web pages of BarWhiz so long as the link does not portray NYH, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. The contents of the Website, and of all other websites under NYH's control, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other web site content (collectively, "Web Site Content"), are protected under copyright, trademark and other laws. All Web Site Content is the property of NYH or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this web site is the exclusive property of NYH and protected by copyright laws. Unauthorized use of the Website Content may violate copyright, trademark, and other laws. The use of the Website Content on any other web site, web-server or networked computer environment for any purpose is prohibited.

Reviews, Comments, E-Mails and other content

Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, media or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NYH reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant NYH and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NYH and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. NYH may create hyper-links to any web-page of the Website including user profiles, and users of BarWhiz may create such hyper-links to any web-page or profile in accordance with this agreement. The users' profile will be open to the public and the information there may be viewed by other users. Please consider the fact that the profile is open when deciding which information to publish in your profile. NYH shall not be liable for any use of the information published in a user's profile by any third party. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify NYH or its associates for all claims resulting from content you supply. NYH has the right but not the obligation to monitor and edit or remove any activity or content. NYH takes no responsibility and assumes no liability for any content posted by you or any third party.

Site Policies, Modification and Severability.

Please review our other policies- the Privacy Policy and DMCA Policy posted on the Website. These policies also govern your visit to BarWhiz.com. We reserve the right to make changes to our policies at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Governing Law and Jurisdiction

By visiting BarWhiz.com, you agree that the laws of the state of Israel, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and NYH or its associates. Any claim or dispute between you and NYH that relate in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located Tel-Aviv, Israel.

Effective Date

These Terms of Use were last updated on July 29th, 2011.

Questions

Questions regarding our Terms of Use, Privacy Policy, DMCA policy or other policy related material can be directed to our support staff by by email to: support@barwhiz.com