Term of Use

[Last Revised: October 9, 2018]

 

These Terms of Use ("Terms of Use") constitute a legal binding agreement between you ("user" or "you") and TrafficPoint Ltd (“Company” or “us” or “our”) and sets forth the terms in which you may use our website and the Services therein (as defined below). These Terms of Use incorporates our Privacy Policy and together shall be referred to as the “Terms”. It is important that you take the time to read the Terms carefully prior to accessing or using our website and Services.

 

ACCEPTANCE OF THE TERMS: By accessing or using our websites or the Services (as defined below) you acknowledge that you have read, understood and agreed to these Terms of Use. You agree to be bound by these Terms of Use and to comply with all applicable laws and regulations when using of the Service. You further acknowledge that these Terms of Use constitute a binding and enforceable legal contract between you and us which further enforces class action waiver and arbitration provision as detailed below in the dispute resolution section. IF YOU DO NOT AGREE TO ALL OR PART OF THE TERMS HEREIN PLEASE DO NOT ACCESS THE WEBSITE OR USE THE SERVICES IN ANY MANNER.

 

Eligibility and Age Limitation:

You hereby warrant that you are eligible to enter into these Terms of Use and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms of Use. You further represent and warrant that you are at least eighteen (18) years of age and of legal competence to enter into these Terms. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our website.

 

Scope of Services

The website provides you with comprehensive information, comparison tables and resources about various goods and services or products you are interested in, which are owned or operated by our third-party partners (“Third Party Service”). We provide you with the information we believe will interest you and comparison charts, including without limitations User Generated Content (e.g., UGC as defined below), link to Third Party Services and content, as well as articles, blogs and opinions provided either by us, you, other users or third party contractors, including any text, logos, phone numbers, button icons, images, data compilations, documents, descriptions, software, code, designs, links, data, graphics and other features provided therein (collectively the “Content” and together with the website shall be referred to as the “Service(s)”). The Services are owned and developed solely by us. We conduct reviews and evaluate the information we find according to our criteria, in order to present the Third-Party Services we believe to be the most top-rated. You acknowledge that the Services are for informational and editorial purposes only and may contain Content that you deem or find objectionable. We make best efforts (however not obligated) to actively monitor the Services and the Content, including UGC (as defined below) submitted or viewed in the website. Nonetheless, we do not endorse or support any Content submitted to the website. Our Services are provided for you free of charge. We are able to maintain a free, high-quality Service by charging an advertising fee to featured brands whenever a user completes a purchase. For more information please review the “How We Rate” Section below.

 

Use of the Website and Services

The Services are provided for your personal and non-commercial use only; You agree only to use the Services as set forth under the Terms. You are responsible for any UGC (as defined below) you may submit to the website. You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms. You may not use the Services in a manner which would disrupt the use of the website by other users or persons. We reserve the right to investigate any breach or alleged breach of these Terms and to report to law enforcement authorities as well as to prevent you from using the Services. We may also limit your use of the Services for any other reason or for no reason and retain the right to terminate your use of the Services at our sole discretion. We reserve the right to refuse or accept post, display or transmit any Content you submitted to the website, at any time and at our sole discretion. We have no responsibility to store or maintain any Content submitted to or posted on the website and will not be held liable for any failure to store or maintain any such content. Further, you hereby agree you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative work, circumvent or hack the Services or gain unauthorized access to the Services or its related systems and networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Services available to any third party, or any portion thereof; (iii) use the Services in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the Services, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in the Services. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein; (v) use, access or attempt to access the Service in connection with any automated means; (vi) use the Company’s name, logo or trademarks without our prior written consent; and (vii) extract, collect or store personal data about other users without their express permission. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

 

Third Party’s Services, Websites and Links

The Third-Party Services may include links to these third party’s websites or other digital assets, contact information (e.g. phone number, etc.) in order to enable you to view, access or call these third parties. Such links or phone numbers may be posted by us, you, other users, or other third parties. You acknowledge and agree that (i) we do not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Services; (ii) we do not own nor have control over, nor responsible for any Third Party Services, and we do not exercise editorial or programming control over any content of offers therein; (iii) owners or licensors of the Third Party Services may change or delete their website or any content or service therein at any time including any offer’s terms (pricing, features, etc.);; and (iv) by accessing the Third Party Services, contacting the third party thorough its phone number or in any other manner, or otherwise interacting, engaging or using the Third Party Services, you will be subject to such third parties’ terms of services and privacy policies which may be found on their relevant website, as well as its costumer services and telemarketing and sales practices. You should carefully review the applicable Third-Party Services’ terms and policies in order to verify that you are interested in such services and that you are allowed to use the Third-Party Services, as well as to comply with the applicable requirements and restrictions (e.g., residents of certain countries are prohibited from using some Third Party’s Services). You may be linked and exposed to Content related to Third-Party Services that is inaccurate, offensive, indecent, or objectionable. You always have the choice to decide whether or not to access, view, or otherwise interact with such Third-Party Services. Your interaction with Third-Party Services (including by phone or in any other manner) and your use of, and reliance upon, any content or information provided by it (including content provided through our website) is at your sole discretion and risk. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Content or Third-Party Services, or your interaction or engagement with the third party by any means, which is at your sole discretion and risk. Any engagement will be solely between you and the applicable third party.

 

User Generated Content

The User Generated Content refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us, including, among other images, comments, posts, texts, icons, links, opinions and feedback, etc. (“UGC”). You hereby acknowledge and agree that you have all the rights, power and authority necessary to submit any UGC and the UGC uploaded by you may not: (i) violate any applicable law; (ii) contain any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, terrorism, racism, defamatory, adult and pornography content, alcohol-related or illegal drugs content; (iii) contain any content which is copyrighted, protected by trade secret or may infringe third party intellectual property or content which may infringes the right to privacy or create a risk to an individual’s safety or health or; (iv) contain any content which is considered to be unfair or deceptive under consumer protection laws, or unauthorized commercial communications including advertising, spam, incentivized or promoting any service or product. Further, by submitting, posting, or displaying UGC through the Services, you grant us a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, reproduce, distribute, prepare derivative works of and make available to the public any part of the UGC including without limitation for promoting and redistributing part or all of the Service (in any media formats. Furthermore, you grant each user of the Service, a worldwide, non-exclusive, royalty-free license to access your UGC through the Service, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the Service and under these Terms. We have the sole and absolute right to and discretion to decide whether to publish any UGC and we may, without prior notice, monitor, censor, edit, remove, delete, any and all UGC, at any time and for any or no reason. If we believe, at our sole discretion, that the UGC provided by you violates or may violate any of the aforesaid, we may restrict your access or use of the Services. Notwithstanding the above, we have no obligation to monitor the UGC, thus, we have no responsibility and liability with respect to UGC, which you may find inaccurate, offensive, indecent, or objectionable.

 

Copyrighted Information and Content Policy

You may not post or submit any proprietary information of another party which is protected under copyright or trademark laws. We will respond to any notice we receive alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred. If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any Content or UGC on the website has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party you are authorized to act on its behalf, please contact us at:service@top5voipproviders.com, or through our Contact Us form, located in the footer of each page within our website (“Notice”), and we will investigate the matter immediately. When submitting a Notice, please include the following information: (i) identify the copyrighted work or material that you claim has been infringed, and information reasonably sufficient to permit us to locate the material and verify its existence, including at a minimum, its location, if applicable the URL of the link(s) shown on the website where such material may be found and screenshots. If multiple copyrighted works are covered by this Notice - you may provide a list of the copyrighted works that you claim have been infringed; (ii) provide your contact information – name, mailing address, telephone number, and email address; (iii) include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). In addition, I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the Notice. Please remember by submitting a Notice you will be initiating a legal process, hence, please do not make any false claims. We will respond at reasonable time to claims of copyright infringement committed using the website that are reported to us.

 

Intellectual Properties

The Service and any Content available therein are protected by international copyright laws or any other intellectual property laws and are licensed to us or to our affiliates, licensors, partners or other third parties. Except as expressly granted under these Terms, we retain all right, title ownership and interest in and to the Service and Content (excluding UGC and Third-Party Services), copyrights and trademarks, product names, and trade names as well as any content provided or made available in connection with the Service to the fullest extent possible under applicable law. We reserve all rights in and to the Service and the website which are not expressly granted herein.

 

How We Rate

The rating and scoring available on the website, are based on a combination of our own evaluation according to the criteria we find to be applicable including our reviews findings, user experience, brand’s reputation, product popularity and conversion rates, pricing, etc. We are able to maintain a high-quality Service and provide you with the Service free of charge by charging an advertising fee to featured brands whenever a user completes a purchase. These advertising fees might impact the placement of the brands in the comparison chart and combined with the conversion rates might impact the scoring, however, this is NOT the main criteria. The rating and scoring are provided “as-is” and we hereby disclaim all expressed guarantees and warrants with regards to the marketability, suitability, incompleteness, applicability or relevance of the information contained herein. We make best efforts to provide the most accurate information, however, we do not include all available information nor compare or include all service providers in the market and we present solely he Third Party Services we find to be top rated and the information we find to be applicable. For more information, please review our “How We Rate” page How We Rate

 

Disclaimer of Warranty

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES AND THE CONTENT, AS WELL AS THE RATING AND SCORING ARE PROVIDED “AS-IS”. YOUR USE OF THE SERVICES AND RELIANCE ON THE CONTENT OR ANY INFORMATION PROVIDED THEREIN ARE SOLELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE SERVICES ORTHIRD-PARTY SERVICES. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE THROUGH THE SERVICES IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE. WE DO NOT, EITHER EXPRESS OR IMPLIED, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY SERVICE, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT AVAILABLE IN OR THROUGH THE SERVICES. WE MAKE NO WARRANTY THAT REVIEWS OF THIRD-PARTY SERVICES ARE ACCURATE.

 

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS WHICH YOU MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR YOUR RELIANCE ON ANY CONTENT OR YOUR INTERACTION OR ENGAGEMENT WITH THIRD-PARTY SERVICES. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF WE HAVE BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US, AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE AVAILABLE THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE EXCEED THE COST OF THE SERVICES.

 

Indemnification

You agree to hold us harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the website, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

 

Dispute Resolution

For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms, by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you wish to opt out of this arbitration agreement, you must provide us with a written clear notification, and include your name and residence address. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, New York, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.

 

Changes to the Website or Services

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services and any Content therein, without notice, at any time. we have no obligation to provide support or maintenance for the Services under these Terms. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Services. You hereby agree to receive such updates and upgrades as part of your use of the Services.

 

Privacy

We are committed to the protection of privacy of our users. For more information on our privacy practices please review our Privacy Policy.

 

Miscellaneous

These Terms of Use, constitute the entire understanding between the parties with respect to the use of the Service. If any part of these Terms of Use is found void and unenforceable, it will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable according to its terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We expressly reserve our right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

Amendments

We reserve the right to periodically amend or revise these Terms of Use from time to time, at our sole discretion, so please re-visit this page frequently. Any changes will become effective immediately upon the display of the revised version. The most recent version of these Terms of Use will always be posted. If we do make any changes, the updated date at the top of these Terms of Use will be reflected in the "Last Revised" heading. Your continued use of the website, following the display of such modified terms, constitutes your acknowledgement and consent of such amendments and your agreement to be bound by the terms of such amendments. In the event of a material change we will make best efforts to provide a written notification.

 

Further Questions?

If you have any questions about these Terms, please contact us at: TrafficPoint Ltd 52 Menachem Begin St. Tel Aviv, IL; or via our Contact Us form located in the footer of each page within our Websites; or send us an email:service@top5voipproviders.com.

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