Eazifunds, Inc., on behalf of itself and its affiliates
(“Eazifunds”, “we”,
“our”) welcomes you (the
“User(s)”, or “you”) to
our website at
https://eazifunds.com
(the “Site”). Each of the Site's Users
may use the Site in accordance with the terms and conditions
hereunder. 1. Acceptance of the Terms By entering, connecting to, accessing, or using the
Site, you acknowledge that you have read and understood the
following terms of use, including the terms of our
Privacy Policy
available at:
https://www.eazifunds.com/privacy-policy
(collectively, the “Terms”) and you agree
to be bound by them and to comply with all applicable laws
and regulations regarding your use of the Site and you
acknowledge that these Terms constitute a binding and
enforceable legal contract between Eazifunds and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER
TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY
MANNER.
The Site is available only to individuals who
(a) are at least sixteen (16) years old; and (b) possess the
legal capacity to enter into these Terms (on behalf of
themselves and their organization, as applicable) and to
form a binding agreement under any applicable law. You
hereby represent that you possess the legal authority to
enter into these Terms on you and your organization's
behalf and to form a binding agreement under any applicable
law, to use the Site in accordance with these Terms, and to
fully perform your obligations hereunder. For the avoidance
of doubt, any act or omission performed by you in connection
with the Site shall obligate your organization. 2. The Site The Site provides information regarding our products
and services and includes, inter-alia, an overview of, and
news regarding Eazifunds and our services, and allows Users
who are interested in our services to subscribe to our
newsletter. Our Site includes certain content, such as
contact information, videos, text, files, logos, button
icons, images, data compilations, links, other specialized
content, technical data, documentation, know-how,
specifications materials, designs, data, the "look and
feel" of the Site, algorithms, source and object code,
interface, GUI, interactive features related graphics,
illustrations, drawings, animations, and other features
obtained from or through the Site (collectively, the
“Content”).
If you would like
to receive more information about our products and services
or if you have any questions, please contact us via the
email address appearing at the end of this document.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE
ARE RESERVED TO EAZIFUNDS OR ITS LICENSORS. TO THE
EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT
AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS.
EAZIFUNDS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS
INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN
CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT
AVAILABLE THEREIN.
YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE
THEREIN IS ENTIRELY AT YOUR OWN RISK.You hereby acknowledge and agree that you may be charged
for Internet, maintenance of network connection and data
usage charges made through use of the Site, according to the
applicable rates charged by your respective third party
Internet and data usage service provider as may be from time
to time. 3. Use Restrictions There are certain conducts which are strictly
prohibited when using the Site. Please read the following
restrictions carefully. Failure to comply with any of the
provisions set forth herein may result (at Eazifunds’ sole
discretion) in the termination of your use of the Site
and/or Content and may also expose you to civil and/or
criminal liability.
4. Privacy and Policy We respect your privacy and are committed to protect
the information you share with us. We believe that you have
a right to know our practices regarding the information we
collect when you connect to, access or use the Site. Our
policy and practices and the type of information collected
via the Site are described in detail in our
Privacy Policy available at
https://www.eazifunds.com/privacypolicy, which is incorporated herein by reference. You agree that
Eazifunds’ may use personal information that you provide or
make available to Eazifunds’ in accordance with the Privacy
Policy. If you intend to access or use the Site you must
first read and agree to the Privacy Policy. 5. Intellectual Property Rights The Site, the Content and Eazifunds’ proprietary
assets and any and all intellectual property rights
pertaining thereto, including, but not limited to,
inventions, patents and patent applications, trademarks,
trade names, service marks, copyrightable materials, domain
names and trade secrets, whether or not registered or
capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Eazifunds and are
protected by applicable patent, copyright and other
intellectual property laws and international conventions and
treaties. All rights not expressly granted to you hereunder
are reserved by Eazifunds’ and its licensors.
The Terms do not convey to you an interest in or
to Eazifunds’ Intellectual Property but only a limited
revocable right of use in accordance with the Terms. Nothing
in the Terms constitutes a waiver of Eazifunds’ Intellectual
Property under any law.
To the extent you
provide any feedbacks, comments or suggestions to Eazifunds
(“Feedback”), Eazifunds shall have an
exclusive, royalty-free, fully paid up, worldwide, perpetual
and irrevocable license to incorporate the Feedback into any
Eazifunds current or future services and/or activities and
use same for any purpose all without further compensation to
you and without your approval. You agree that all such
Feedback shall be deemed to be non-confidential. Further,
you warrant that your Feedback is not subject to any license
terms that would purport to require Eazifunds to comply with
any additional obligations with respect to any Eazifunds
current or future products, technologies or services that
incorporate any Feedback.
6. Trademarks and Trade names Eazifunds’ marks and logos and all other proprietary
identifiers used by Eazifunds in connection with the Site
(“Eazifunds’ Trademarks”) are all
trademarks and/or trade names of Eazifunds, whether or not
registered. All other trademarks, service marks, trade names
and logos which may appear on the Site belong to their
respective owners (“Third Party Marks”). No
right, license, or interest to Eazifunds’ Trademarks and the
Third Party Marks is granted hereunder, and you agree that
no such right, license, or interest may be asserted by you
with respect thereto and therefore you will avoid using any
of those marks, except as permitted herein.
7. Linking to Eazifunds’ Site and links to Third Party
Sites We welcome links to any page on our Site. You are
free to establish a hypertext link to the Site so long as
the link does not state or imply any connection or approval
of your website, products and/or services by Eazifunds and
does not portray Eazifunds in a false or otherwise offensive
manner. You may not link to our Site from a site that you do
not own or have permission to use. In the event that you
link to the Site you represent that your site does not
contain content that is unlawful, offensive or infringing
third party rights. However, we do not permit framing or
inline linking. We may provide certain links,
which may permit our Users to leave this Site and enter
non-Eazifunds sites or services. Those linked sites and
services are provided solely as a convenience to you. These
linked sites and services are not under the control of
Eazifunds and it is not responsible for the availability of
such external sites or services, and does not endorse and is
not responsible or liable for any content including but not
limited to content advertising, products or other
information on or available from such linked sites and
services or any link contained in linked sites or service.
In addition, Eazifunds is not responsible or liable for such
linked sites and services' privacy practices and/or any
other practices. Your access to, use of and reliance upon
any such sites, services and content and your dealings with
such third parties are at your sole risk and expense.
Eazifunds reserves the right to terminate any link at any
time. You further acknowledge and agree that Eazifunds shall
not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused, by or in
connection with use of or reliance on any services, content,
products or other materials available on or through such
linked sites or resource. Most of such linked sites and
services provide legal documents, including terms of use and
privacy policy, governing the use thereof. It is always
advisable, and we encourage you to read such documents
carefully before using those sites and services, inter alia,
in order to know what kind of information about you is being
collected. 8. Availability The Site’s availability and functionality depends on
various factors, such as communication networks. Eazifunds
does not warrant or guarantee that the Site will operate
and/or be available at all times without disruption or
interruption, or that it will be immune from unauthorized
access or error-free.
9. Changes to The Site Eazifunds reserves the right to modify, correct,
amend, enhance, improve, make any other changes to, or
discontinue, temporarily or permanently this Site (or any
part thereof, including but not limited to the Content)
without notice, at any time. In addition, you hereby
acknowledge that the Content provided under this Site may be
changed, extended in terms of content and form or removed at
any time without any notice to you. You agree that Eazifunds
shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of this Site or
the Content included therein. You hereby agree that
Eazifunds is not responsible for any errors or malfunctions
that may occur in connection with the performance of such
changes. 10. Disclaimers and No Warranties TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE
AND CONTENT ARE PROVIDED ON AN “AS IS”,
“WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND EAZIFUNDS, INCLUDING ITS VENDORS, OFFICERS,
SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES,
AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, AND SUPPLIERS
(COLLECTIVELY, "EAZIFUNDS’ REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF USE OR FITNESS FOR A PARTICULAR PURPOSE AND
THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL
LAWS THAT THIS AGREEMENT CANNOT CHANGE. EAZIFUNDS AND
EAZIFUNDS’ REPRESENTATIVES DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT
NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR THE QUALITY
OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR
ANY ERROR, FAULT, OR MISTAKE RELATED TO ANY CONTENT AND/OR
INFORMATION DISPLAYED WITHIN THE SITE. INASMUCH AS SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS
SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS
AND LIMITATIONS MAY NOT APPLY.
11. Limitation of Liability TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO
EVENT SHALL EAZIFUNDS, INCLUDING EAZIFUNDS’ REPRESENTATIVES
BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT,
NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT
LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS
INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING
OUT OF THE SITE AND/OR THE CONTENT ANY COMMUNICATIONS AND
INTERACTIONS OR MEETINGS WITH USERS OF THE SITE OR OTHER
PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF
THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE
THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE
TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT,
OR FROM THE PERFORMANCE OR FAILURE OF EAZIFUNDS TO PERFORM
UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF EAZIFUNDS OR
EAZIFUNDS’ REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR
BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION,
BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR
ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER EAZIFUNDS OR
EAZIFUNDS’ REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE,
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE
MAXIMUM EXTENT LEGALLY PERMISSIBLE, EAZIFUNDS’ AND
EAZIFUNDS’ REPRESENTATIVES' TOTAL AGGREGATE LIABILITY
FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN
CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR
THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY
YOU, IF ANY, TO EAZIFUNDS FOR USE OF THE SITE OR $US 1.00,
WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO,
SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL,
LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM
US AND FROM EAZIFUNDS’ REPRESENTATIVES.
INASMUCH
AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR
LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE
ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. 12. Indemnification You agree to defend, indemnify and hold harmless
Eazifunds, including Eazifunds’ Representatives from and
against any and all claims, damages, obligations, losses,
liabilities, costs, debts, and expenses (including but not
limited to attorney's fees) arising from: (i) your use,
misuse of, inability to use and/or activities in connection
with the Site and/or Content; (ii) your violation of any of
these Terms; (iii) your violation of any third party rights,
including without limitation any intellectual property
rights or privacy right of such third party, in connection
with your use of the Site; and (iv) any damage of any sort,
whether direct, indirect, special or consequential, you may
cause to any third party with relation to the Site. It is
hereby clarified that this defense and indemnification
obligation will survive these Terms.Without derogating from
the foregoing, we reserve the right to assume the exclusive
defense and control of any matter which is subject to
indemnification by you, which will not excuse your indemnity
obligations hereunder and in which event you will fully
cooperate with us in asserting any available defense. You
agree not to settle any matter subject to an indemnification
by you without first obtaining our prior express written
approval. 13. Amendments to the Terms Eazifunds may, at its sole discretion, change the
Terms from time to time, including any other policies
incorporated thereto, so please re-visit this page
frequently. In case of any material change, we will make
reasonable efforts to post a clear notice on the Site and/or
will send you an e-mail (to the extent that you provided us
with such e-mail address) regarding such change. Such
material changes will take effect seven (7) days after such
notice was provided on our Site or sent via e-mail,
whichever is the earlier. Otherwise, all other changes to
these Terms are effective as of the stated “Last Revised”
date and your continued use of the Site on or after the Last
Revised date will constitute acceptance of, and agreement to
be bound by, those changes. In the event that the Terms
should be amended to comply with any legal requirements, the
amendments may take effect immediately, or as required by
the law and without any prior notice. 14. Termination of these Terms and the Termination of
the Site's operation At any time, Eazifunds may without notice discontinue
your use of the Site, at its sole discretion, in addition to
any other remedies that may be available to Eazifunds under
any applicable law.Additionally, Eazifunds may at any time,
at its sole discretion, cease the operation of the Site or
any part thereof, temporarily or permanently, delete any
information or Content from the Site or correct, modify,
amend, enhance, improve and make any other changes thereto
or discontinue displaying or providing any information,
Content or features therein without giving any prior notice.
You agree and acknowledge that Eazifunds does not assume any
responsibility with respect to, or in connection with the
termination of the Site's operation and loss of any
data. The provisions of these Terms that, by their nature
and content, must survive the termination of these Terms in
order to achieve the fundamental purposes of these Terms
shall so survive. Without limiting the generality of the
forgoing, the Intellectual Property, Disclaimers and No
Warranties, Limitation of Liability, Indemnification and
General sections will survive the termination of the Terms.
15. General (a) These
Terms constitute the entire terms and conditions between you
and Eazifunds relating to the subject matter herein and
supersedes any and all prior written or oral agreements or
understandings between you and Eazifunds, (b) any claim
relating to the Site or the use thereof will be governed by
and interpreted in accordance with the laws of the State of
Israel without reference to its conflict-of-laws principles
and the United Nations Convention Relating to a Uniform Law
on the International Sale of Goods may not be applied, (c)
any dispute arising out of or related to the Site will be
brought in, and you hereby consent to exclusive jurisdiction
and venue in, the competent courts located in the city of
Delaware, USA. You agree to waive all defenses of lack of
personal jurisdiction and forum non-convenience and agree
that process may be served in a manner authorized by
applicable law or court rule. Notwithstanding the foregoing,
Eazifunds may seek injunctive relief in any court of
competent jurisdiction, (d) these Terms do not, and shall
not be construed to create any relationship, partnership,
joint venture, employer-employee, agency, or
franchisor-franchisee relationship between the parties
hereto, (e) no waiver by either party of any breach or
default hereunder will be deemed to be a waiver of any
preceding or subsequent breach or default. Any heading,
caption or section title contained herein is inserted only
as a matter of convenience, and in no way defines or
explains any section or provision hereof, (f) YOU
ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY
HAVE ARISING OUT OF, OR RELATED TO, THE SITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g)
if any provision hereof is adjudged by any court of
competent jurisdiction to be unenforceable, that provision
shall be limited or eliminated to the minimum extent
necessary so that these Terms shall otherwise remain in full
force and effect while most nearly adhering to the intent
expressed herein, (h) you may not assign or transfer these
Terms (including all rights and obligations hereunder)
without our prior written consent and any attempt to do so
in violation of the foregoing shall be void. We may assign
these Terms without restriction or notification, and (i) no
amendment hereof will be binding unless in writing and
signed by Eazifunds. 16. For information, questions or notification of
errors, please contact: If you have any questions (or comments) concerning
the Terms, you are most welcome to send us an e-mail to:
support@eazifunds.com
