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| Conditions of Use |
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Conditions of Use |
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Online agreement.
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Company JERUSALEM Hi e.m. "Com-Host"
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The following is the terms of the agreement between JERUSALEM Hi ("Company")
and the buyer ("Buyer") of goods or services through the Company's
Web site (the "Site"). If you do not agree to these terms,
you will not be able to purchase anything, so please review these terms
carefully:
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1. Introduction.
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Buyer agrees to the terms and conditions outlined in this Online Agreement
("Agreement") with respect to the goods, services and information provided
by or through the Site. This Agreement constitutes the entire and only
agreement between the Company and Buyer, and supersedes any and all
prior or contemporaneous agreements, representations, warranties, and
understandings with respect to the goods, services and information provided
by or through the Site, and the subject matter of this Agreement. Buyer
agrees to review this Agreement prior to purchasing anything and purchase
of a good or service shall be deemed acceptance of this Agreement.
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2. Setup and Payment.
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Buyer represents and warrants that the credit card information supplied
is true, correct and complete and charges incurred by the Buyer will
be honored by the Buyer's credit card company and Buyer shall pay charges
incurred by Buyer at the amounts in effect at the time incurred, including
all applicable taxes. Buyer shall be responsible for all charges incurred
through use of Buyer's password. Buyer agrees to keep his or her password
confidential and to notify Company within 24 hours of any breach of
this Agreement or unauthorized use of the password. Company does not
protect Buyer from unauthorized use of Buyer's password. The cost one
deal realized between the Buyer and Company can not exceed an amount
equal $10,000 USA.
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3. Copyright.
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The content, organization, gathering, 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, and, the copying,
redistribution, use or publication by a Buyer of any such content or
any part of the Site is prohibited.
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4. Editing, Deleting, and Modification.
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Company reserves the right in its sole discretion to edit or delete
any information or content appearing on the Site and to remove any goods
and services for sale. Upon notice published over the Service, Company
may modify this Agreement, or prices, and may discontinue or revise
any or all aspects of the Site in its sole discretion and without prior
notice. Modification of this Agreement will be deemed effective upon
publication on the Site with respect to transactions occurring after
said date.
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5. Right to Refuse.
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Company reserves the right in its sole discretion to refuse service
at any time. Sale of any goods or services is subject to availability.
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6. Indemnification.
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Buyer agrees to indemnify, defend and hold Company and its affiliates,
licensors and suppliers harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to a Buyer's
violation of this Agreement or use of the Site.
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7. Non-Transferable.
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Buyer's right to use the Service is not transferable and is subject
to any limits established by Company or by Buyer's credit card company.
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8. Disclaimer.
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THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
IS DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND Buyer's
SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL THE CUSTOMER
FOR THE PARTICULAR ITEMS PURCHASED PAY LIMITED TO THE AMOUNT. COMPANY
AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS 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 Agreement, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE
AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY. ANY POSSIBLE
JUDICIAL HEARING IS REALIZED IN THE COURT OF STATE AN ISRAEL.
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9. Refund Policy.
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If a product purchased is defective or not to Buyer"s satisfaction,
Buyer can return the product in its original condition within 14 days
of receipt, to the following address: Coresh 3/4, Ashkelon, 78272,
ISRAEL. In such event, Company shall provide Buyer a credit for other
purchases from the Site (less shipping and handling charges incurred).
This Section 9 sets forth Buyer"s sole and exclusive right to refund.
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10. Use of Information.
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Company reserves the right, and Buyer authorizes Company, to the use
and assignment of all information regarding Buyer's use of the
Site and all information provided by Buyer, subject to applicable law.
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11.Miscellaneous.
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This Agreement shall be treated as though it were executed and performed
in JERUSALEM Hi Internet Service e.m. Coresh 3/4, Ashkelon, 78272, ISRAEL, and
shall be governed by and construed in accordance with the laws of the
State Israel (without regard to conflict of law principles). Any cause
of action of Buyer with respect to the Site must be instituted within
six (6) months after any purchase or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 8.
The language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. All legal proceedings arising
out of or in connection with this Agreement shall be brought solely
in court city Ashkelon, Israel, and Buyer expressly submits to the jurisdiction
of said courts and Buyer consents to extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties and the
remaining portions shall remain in full force and effect. To the extent
that anything in or associated with the Site or the Company is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence.
Failure of Company to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce
such provision.
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