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0Term
of Use Agreement |
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Welcome
to our Web site. By using our site, you are agreeing to comply
with and be bound by the following terms of use. Please review
the following terms carefully. If you do not agree to these
terms, you should not use this site. The term “MeraDesh”
or “us” or “we” or “our”
refers to MeraDesh Communications Corp., the owner of the
Web site. The term “you” refers to the user or
viewer of our Web Site.
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Acceptance
of Agreement |
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Copyrights |
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Service
Marks |
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Limited
License; Permitted Uses |
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Restrictions
and Prohibitions on Use |
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Forms,
Agreements & Documents |
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Errors,
Corrections and Changes |
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Third
Party Content |
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Unlawful
Activity |
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Indemnification |
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Non-Transferable |
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Disclaimer |
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Acceptance
of Agreement
You agree to the terms and conditions outlined in this Terms
of Use Agreement ("Agreement") with respect to our
site (the "Site"). This Agreement constitutes the
entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using
the Site.
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Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting
of information or materials on the Site does not constitute
a waiver of any right in such information and materials. Some
of the content on the site is the copyrighted work of third
parties.
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Service
Marks
“gotomeradesh.com, meradeshonline.com,” and others
are our service marks or registered service marks or trademarks.
Other product and company names mentioned on the Site may
be trademarks of their respective owners.
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Limited
License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and
other policies contained therein. No print out or electronic
version of any part of the Site or its contents may be used
by you in any litigation or arbitration matter whatsoever
under any circumstances.
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Restrictions
and Prohibitions on Use
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content
and Materials”) therein are subject to the following
restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by
Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any
Content and Materials retrieved there from; (b) use the Site
or any materials obtained from the Site to develop, of as
a component of, any information, storage and retrieval system,
database, information base, or similar resource (in any media
now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative
works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that
may infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any
portion of the Site available through any timesharing system,
service bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the
Site, in violation of the export control laws or regulations
of the United States.
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Forms,
Agreements & Documents
We may make available through the Site or through other Web
sites sample and actual forms, checklists, business documents
and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial purposes,
without any right to re-license, sublicense, distribute, assign
or transfer such license. Documents are provided for a charge
and without any representations or warranties, express or
implied, as to their suitability, legal effect, completeness,
current ness, accuracy, and/or appropriateness. The Documents
are provided “as is”, “as available”,
and with “all faults”, and we and any provider
of the Documents disclaim any warranties, including but not
limited to the warranties of merchantability and fitness for
a particular purpose. The Documents may be inappropriate for
your particular circumstances. Furthermore, state laws may
require different or additional provisions to ensure the desired
result. You should consult with legal counsel to determine
the appropriate legal or business documents necessary for
your particular transactions, as the Documents are only samples
and may not be applicable to a particular situation. Some
Documents are public domain forms or available from public
records.
No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site
is not intended to and does not constitute legal advice, recommendations,
mediation or counselling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information
on the Site or materials linked to the Site is entirely at
your own risk. We are not a law firm and the Site is not a
lawyer referral service.
Linking to the Site.
You may provide links to the Site, provided (a) that you do
not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b) your
site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately
upon request by us.
Advertisers.
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Site is accurate and complies with applicable
laws. We are not responsible for the illegality or any error,
inaccuracy or problem in the advertiser’s or sponsor’s
materials.
Registration.
Certain sections of, or offerings from, the Site may require
you to register. If registration is requested, you agree to
provide us with accurate, complete registration information.
Your registration must be done using your real name and accurate
information. Each registration is for your personal use only
and not on behalf of any other person or entity. We do not
permit (a) any other person using the registered sections
under your name; or (b) access through a single name being
made available to multiple users on a network. You are responsible
for preventing such unauthorized use.
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Errors,
Corrections and Changes
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects
will be corrected. We do not represent or warrant that the
information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes
to the features, functionality or content of the Site at any
time. We reserve the right in our sole discretion to edit
or delete any documents, information or other content appearing
on the Site.
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Third
Party Content
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume
no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity
in the statements, opinions, representations or any other
form of content on the Site. You understand that the information
and opinions in the third party content represent solely the
thoughts of the author and is neither endorsed by nor does
it necessarily reflect our belief.
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Unlawful
Activity
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary
or appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted materials,
IP addresses and traffic information.
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Indemnification
You agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors, successors,
assigns, third party suppliers of information and documents,
attorneys, advertisers, product and service providers, and
affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
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Non-Transferable
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or
documents is not transferable or assignable.
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Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM
OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
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