Recently updated: February 11, 2018
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the «User» or «you») agree to be bound by these Terms, and any and all other terms, conditions, rules, policies or procedures published on the Site and related to User’s use of the Site and/or Services, each as amended by us from time to time. As long as you do not cease using this Site or the Services, you will be conclusively deemed to have accepted these Terms.
- 1. Provision of Services
Namogoo’s Services are provided subject to our standard customers’ terms and conditions detailed in a commercial agreement signed on a case to case basis. If you chose to join as a customer, opened an account and received authorization and access to our customer’s dashboard, additional terms may apply to the use of the dashboard and Services, under an applicable customer agreement.
- 2. Intellectual Property
2.1. All the content, logos, trademarks, graphics, design, information, text, images, data and other material displayed, available or present on the Site, are the copyrighted and/or trademarked work of Namogoo solely or Namogoo’s affiliates, and may not be used without express written permission from us, other than for attribution. These rights apply to the information posted on the Site, computer code of the web site, graphical design, products, company names, etc.
2.2. We permit you to make copies of this Site as necessary incidental acts during your viewing of it; and you may take a print for your personal use as is reasonable for private purposes. All other use is strictly prohibited. Nothing in this policy shall be deemed to assign or transfer any rights to any of our intellectual property. You may not frame the Site without our express permission, nor may you modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the content presented on the Site in any manner.
- 4. Warranty Disclaimers
4.1. The information contained in this Site, and any initial report concerning your website which was sent to you as a user, rather than an existing customer of the Services — is not comprehensive. Despite our efforts, it may not be accurate, complete or applicable to the end user base of a particular website. We cannot accept any liability for any inaccuracies or omissions in this Site and any decisions you make based on information contained in this Site are your sole responsibility. The materials and Services available on this Site may be out of date and Namogoo makes no commitment to update the materials and Services available on this Site.
4.2. User acknowledges and agrees that the Site and/or Service are provided “as is,” “as available,” and “with all faults,” are used only at the user’s sole risk, to the fullest extent permissible by law. The information and all other materials on the Site and/or the App are provided for general information purposes only and do not constitute professional advice. Namogoo disclaims all warranties, express or implied, of any kind, regarding the Site (and its content, information, software, and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.
- 5. Limitations on Liability
Namogoo’s entire liability and your exclusive remedy with respect to any dispute with Namogoo regarding your use of the Site are to discontinue your use. Namogoo and its affiliates, or their respective directors, officers, employees, servants or agents shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damage arising from your use of the Site for any other claim related in any way to your use or registration with the Site or any initial report provided to a user as a part of the Services. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, or any other commercial damages or losses, even if Namogoo had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Namogoo’s liability shall be limited to the maximal extent permitted by law. User acknowledges and agrees that without the foregoing exclusions and limitations of liability, Namogoo would not be able to offer open access to the Site. If Users use of the materials, information or Services from the Site results in the need for servicing, repair of correction of equipment or data of the User, you assume all costs thereof.
- 6. Restrictions
In connection with your use of the Services, and without limiting any of the other obligations under these Terms, a customer agreement or applicable law, User shall not, and shall not permit others to:
6.1. Use the Site and/or Services for any purpose other than those expressly set forth in these Terms;
6.2. Modify the Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, disrupt the Services, servers or networks connected to the Site or the Service, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;
6.3. Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Services;
6.4. Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site, Services, technology or any software thereto;
6.5. Engage in any deceptive, misleading, illegal or unethical practices that may be detrimental to Namogoo or the Services;
6.6 Allow any access to or use of the Services by anyone other than your authorized users;
6.7 Make any agreements, covenants, representations, warranties or guarantees concerning Namogoo or the Services that are inconsistent with or in addition to those contained in these Terms.
- 7. Links to Third-Party websites and Mobile Applications
7.1. Links on the Site to third-party websites and/or applications are provided solely as a convenience to you. If you use these links, you will leave the Site.
7.2. Namogoo has not reviewed all of these third-party sites and does not control and is not responsible and/or liable for any of these sites or their content. Thus, Namogoo does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do this entirely at your own risk and Namogoo assumes no liability for such use.
- 8. Site and/or App Availability
Namogoo shall not be responsible for any disruption to the Site, regardless of length. Namogoo will not be liable for losses related to User’s inability to access content due to disruptions of the Site. Namogoo shall be excused from its performance of any obligations under this Agreement which are prevented or interfered with due to acts or conditions beyond the reasonable control of Namogoo.
- 9. Indemnification
You agree to indemnify Namogoo and its affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs (including attorney’s fees) (collectively, “Claims”) which may arise from your unauthorized use of the Site, Services or information obtained through use of the Site and/or your breach of these Terms. Namogoo reserves the right to assume the exclusive control of any such defense of any such Claim.
- 10. Use of Tag
10.2. Namogoo hereby grants to the client, for no consideration, a personal, non-transferable, non-assignable, non-exclusive limited license to use the Tag for period of 30 days, starting as of its deployment date solely for the purpose of testing and evaluating the Tag (the “Evaluation”)
10.3. In case the client chooses not to continue using the Tag, it shall immediately cease using the Tag and remove it and all of its components from the client’s website pages.
10.4. The Tag is and shall remain the exclusive property of Namogoo and except as expressly stated herein, no license or other rights to the Tag is granted or implied hereby.
10.5. Client agrees not to, directly or indirectly, copy, modify, decompile or reverse engineer the Tag, make derivative works based upon the Tag, or use the Tag to develop any products, sell, license or transfer the Tag to any third party, all without the prior written approval of Namogoo.
10.6. NAMOGOO PROVIDES THE TAG “AS IS” AND WITHOUT ANY WARRANTY, REPRESENTATION OR UNDERTAKING WHATSOEVER, EXPRESSED OR IMPLIED. NAMOGOO HEREBY DISCLAIMS ANY AND ALL WARRANTIES THAT MAY APPLY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITH RESPECT TO THE EFFICIENCY, PERFORMANCE, WORKMANSHIP, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE TAG.
10.7. Namogoo shall not be held responsible under any circumstances for any loss or damage whatsoever, and especially for the loss of property, loss of data, expenses or other coverage damages especially incidental, consequential or indirect damages arising from or in relation with the Evaluation and use of the Tag, regardless of the originating cause of such damages and under any theory of liability and including any damages that result from discontinuance of client access to the Tag.
- 11. Local Legislations
Namogoo makes no representation that the content, the information, or the Services offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the content, the information, and the Services offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The User understands and agrees that, in addition to money damages, Namogoo shall be entitled to equitable relief where appropriate upon User’s breach of any portion of these Terms.
- 12. Miscellaneous
12.1. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
12.2. Assignment. Namogoo may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
12.3. Choice of Law. The Site, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.