(last updated: November 25, 2018)
CHAPTER I – GENERAL TERMS
Welcome to this website, available at http://www.nblaw.com/ or any other address as may be available from time to time (the "Website"), which is owned, operated and managed by Naschitz, Brandes Amir & Co., Advocates, a registered partnership, incorporated and existing under the laws of the state of Israel, having its principal place of business at 5 Tuval St., Tel-Aviv, Israel (hereinafter: "NBA" or the "Firm" or "Us" or "We").
The Use of the Website is subject to these terms and conditions (as may be amended and/or updated from time to time) (the "Terms"). The Terms constitute the legal basis for any communication you may have with NBA in connection with the Website. Please read the Terms carefully before using the Website. By using the Website in any manner, you confirm that you read, understood, accept and agree to be bound by the Terms without limitations. If you do not agree to the Terms, whether in whole or in part, you may not Use the Website.
1. Definitions. For the purpose of these Terms, the following terms shall have the respective meanings set forth beside them:
1.1. "Candidate Information" means Personal Information you upload to the Website in order to apply for a position in our firm (such as your name, e-mail address, resume and/or any other information you decide to incorporate in the "message box" in the Website).
1.2. "Content" means any information of any kind (but excluding User Information, as defined below) incorporated in the Website, including, but not limited to, texts, verbal and visual content, articles, publications, legal updates, newsletters, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, application, texts and any other information displayed or presented on the Website, whether owned by NBA or by a third party that granted NBA with a right to use it in the Website.
1.3. "Information" means collectively, Personal Information and Anonymized Information.
1.4. "Israeli Law" means the Israeli Privacy Protection Law (1981) and any applicable regulations promulgated therefrom (including any amendments to such Law or such regulations) and binding guidelines issued by the Privacy Protection Authority in Israel, all - to the extent applicable to the processing of User Information by NBA under these Terms.
1.5. "Anonymized Information" means any information, data or content which is collected by NBA about your Use of the Website which is anonymous and/or does not personally identify you and/or reveal your specific identity as an individual, and/or cannot be attributed to you (such as IP address, browser and device information, etc.).
1.6. "Personal Information" means any "information" and/or "personal information" as these terms are defined under Israeli Law, or any information, data or content which you decide to upload to the Website, which can personally identify you as an individual and/or otherwise can be attributed to you as an individual.
1.7. "Use" means any accessing and/or viewing and/or visiting and/or browsing the Website for any purpose. The Use of the Website is free of charge.
1.8. "User" or "you" or "your" (including any alterations thereof) means any person or entity that Uses the Website for any purposes, using a computer and/or any other device, including cellular device and/or by any other means of communications.
1.9. "Visitor Information" means Personal Information you upload to the Website in order to contact us, for instance, if you are interested in our services (such as your name, e-mail address, and any other information you decide to incorporate in the "message box" in the Website).
1.10. "User Information" means collectively, Candidate Information and Visitor Information.
2. Scope of License, Limitations of Use
2.1. The Website provides general information about the Firm, including its practice areas, recent news and publications, special projects the Firm is involved in, the Firm's attorneys and positions in our Firm. We hereby grant you a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to Use the Website, solely for internal, legal and legitimate purposes. You may not Use the Website for any other purpose.
2.2. Without derogating from the generality of the above, You shall not: (a) modify, alter, reproduce, copy, rent, lease, loan, sell, publicly display, perform, distribute or otherwise Use the Website for any public and/or commercial purposes; (b) create derivative works based (whether in whole or in part) on any Content that is available on or through the Website; (c) crawl, scrape, decompile, reverse engineer, disassemble and/or otherwise attempt to reveal and/or derive the source code of the Website or any Content (including without limitation, any algorithm); (d) send and/or upload any "spam" or otherwise unsolicited messages in violation of applicable laws; (e) send and/or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or violating third party rights; (f) send and/or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Website or the Content; (h) attempt to gain unauthorized access to the Website or its related systems or networks; (i) create any link or deep linking and/or references to the Website from other sites; (j) remove, alter or obscure any copyright, trademark or other proprietary rights notices on or in the Website, or perform any other action in the Website or any part thereof in violation of the Terms and/or that would or might cause any damage to NBA.
2.3. Without derogating from any other right granted to NBA in accordance with applicable law and/or these Terms, any User acting in violation of the Terms will be denied access to the Website and any User Information uploaded by the User to the Website (if any) shall be removed.
3. Ownership and Intellectual Property Rights
3.1. In the relationship between You and NBA, the Website (including any Content incorporated therein) is owned by NBA and is protected by copyright and other intellectual property laws and treaties. We (and our licensors) own any and all rights, title and interest in and to the Website (and any Content), including all copyright and other intellectual property rights in the Website, and the limited license granted herein (as set forth in section 2.1 above) does not provide You with any title or ownership rights in or to the Website and/or any Content.
3.2. You acknowledge and agree that any Content presented to You on or through the Website is and shall remain the property of NBA (and/or its licensors and/or suppliers), and is or may be protected by copyright, trademark, patent and/or other proprietary rights.
4. No Warranty and Disclaimers
4.1. The Use of the Website is at Your own risk. Any advice received through the Use of the Website (to the extent received) may not be relied upon for making any decisions, including (without limitation) in professional, medical, legal, personal or financial matters. For this purpose you should consult with a suitable professional to receive advice that is suited to Your particular circumstances and the facts of your case. You should independently verify all statements contained on the Website.
4.2. The Content contained in the Website is of a general nature and is provided "AS IS", for general knowledge and for non-commercial use only, without any warranty, representation or undertaking (whether expressed or implied) of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, suitability for User's intended purposes or non-infringement. The Website, including any Content displayed on the Website does not constitute and should be considered as an offer for, or an invitation by or on behalf of NBA to provide any service, nor does it constitute legal advice on any subject matter, either directly or indirectly. It is your sole responsibility to seek the advice of a qualified legal practitioner for the handling of any individual legal matter or situation.
4.3. NBA expressly disclaims any and all responsibility and/or liability with respect to actions taken or not taken based on the Content of this Website and/or regarding the accuracy, completeness, correctness or reliability of the Content contained on this Website, or that the Content reflects up-to-date legal developments, precedents or legislation, or that it is error free. NBA does not warrant that the Website will be available and/or uninterrupted and/or that is will work in full operating condition.
4.4. The transmission of information to or from the Website does not create an attorney-client relationship with any individual or entity.
5. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will NBA (and its partners, associates, employees and representatives) be liable for any damage (including but not limited to direct, indirect or consequential damage, such as damage due to lost profits, lost data or business interruption, damage to goodwill, etc.) arising out of the Use and/or inability to Use and/or the results of Use of the Website, Content contained on the Website (including, without limitation, reliance on such Content) or on any site linked to the Website, and/or resulting from exposure to computer viruses or other malware, whatever the grounds of claim or cause of damage, whether based on contract, tort or otherwise. The sole and exclusive relief available to You in any such event(s) is to leave the Website.
The names of companies and/or customers mentioned on the Website are trademarks or commercial logos of their respective owners. NBA logo incorporated in the Website is protected by trademarks of NBA.
The Use of the Website does not confer on you rights in trademarks of NBA and/or any third parties mentioned in the Website.
8. Collection of Information
The purpose of this Chapter II is to ensure you are fully informed and aware as to the scope and nature of Information NBA collects and/or otherwise receives from or about you while you are Using the Website, and how is it being processed and/or otherwise used by NBA. By Using the Website, You hereby acknowledge and provide your informed consent to the terms herein.
9. Personal Information
9.1. No legal requirement. We hereby inform you, and you hereby acknowledge that you have no legal obligation to provide us with any Personal Information when you Use the Website, and the provision of it is solely based on your free will. However, you are aware that without the provision of Personal Information, we will not be able to reply and/or otherwise respond to your messages in the Website.
9.2. By using the Website and uploading Personal Information to the Website, You hereby represent, acknowledge and provide Your informed consent to the following: (a) the Personal Information is yours, you have the legal right to provide us such Personal Information and it is complete, accurate and true; (b) Your Personal Information will be stored in our database(s), and to the extent required by Israeli Law will be registered with the Israeli Registrar. (c) We do not claim ownership of your Personal Information. However, when you upload Personal Information to the Website, You hereby grant NBA an irrevocable, royalty-free, non-exclusive, unlimited license to use Your Personal Information and transfer it to third parties, all as detailed herein.
9.3. How We use Personal Information. We will Use Personal Information: (a) If you provide us with Candidate Information, we will use it in order to contact and communicate with you regarding your resume, examine your suitability to a job offer in our Firm and (where applicable) invite you to a job interview; (b) if you provide us with Visitor Information, we will use it to contact and communicate with you regarding the subject matter of your message to us; (b) to enforce the Terms, comply with any applicable law, regulations or other request from an authorized authority, and/or as otherwise authorized by You.
9.4. Transfer of Personal Information. We may transfer Personal Information uploaded to the Website to third party data centers located in Israel, for storage and/or back-up purpose and may use cloud providers worldwide to store the Personal Information. Also, We may transfer and/or otherwise disclose Personal Information in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You hereby provide your consent to such transfer of your Personal Information.
9.5. Right to review. You have the right to review your Personal Information which is stored in our database(s), and also provide a request to update, amend and/or delete it by contacting us at email@example.com. We will act in accordance with the provisions of the applicable Israeli Law in order to comply with your request. However, we may retain certain Personal Information as deemed required by applicable law, or for legitimate business reasons, for the duration as required under applicable law.
10. Anonymized Information
10.1. We may collect Anonymized Information when you are Using the Website. By using the Website, you hereby grant us an irrevocable, non-exclusive, royalty-free, unlimited license, and provide your consent to the collection, use and transfer Anonymized Information to third parties, all as detailed below.
10.2. How We use Anonymized Information. We may use Anonymized Information for commercial research purposes; improving the Website by creating system analytics and statistical data; to monitor and analyze the Use of the Website, for technical administration and troubleshooting purposes, to enforce the Terms and/or any other legal purpose as we see fit, and you hereby warrant and represent that you will not have claim and/or demand, of any kind towards us in this regard.
10.3. How We Collect Anonymized Information. We may use several technologies, such as Google Analytics or other similar technologies, in order to collect Anonymized Information. You may be able to block, delete, or disable these technologies if your browser/ application/ device permits such option. However, such action may disrupt your ability to Use the Website (whether in whole or in part).
10.4. Transfer of Anonymized Information. Anonymized Information may will be transferred to and stored in third party data centers located in Israel and may use cloud providers worldwide to store the Anonymized Information. We may transfer and/or otherwise disclose Anonymized Information in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
11. Security and Data Protection
We take the safeguarding of the Information very seriously, and use a variety of methods to try to protect the Information from loss or unauthorized use or access when it is in our possession or control, including reasonable physical, technical and organizational measures which restrict access to the Information. However, we do not promise that any Information (including Personal Information) will be fully protected from unauthorized disclosure or use. Please take steps to protect your computer and/or mobile device against unauthorized access or use.
CHAPTER III - MISCELLANEOUS
12. The Website is designed for the use of adults (18 years or older) and is not intended for minors. If you are a minor (below the age of 18), your Use per se of the Site is evidence that you received permission from your parents or appointed legal guardian to do so.
13. If any of the terms herein is determined to be illegal, invalid or otherwise unenforceable by reason of law, then to the extent and within the jurisdiction in which the term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms, and the remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.
14. You will defend, indemnify and hold NBA (including its partners, associates, employees and representatives) from and against all claims, losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorney's fees) incurred by NBA due to your breach of these Terms.
15. The Terms shall be governed by and construed in accordance with the laws of the state of Israel, excluding its choice of law principals. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel.
16. These Terms form the entire agreement between NBA and you regarding your Use of the Website. NBA reserves the right to alter and/or amend the Terms from time to time without advance notice by posting revised Terms. You can see when the Terms were last updated by checking the revised date at the top of the Terms. Further, NBA reserves the right to change the graphics of the Website, add or remove any Content, and also temporarily suspend or permanently stop the activity of the Website at any time, without advance notice.
17. If you have any question regarding the Terms, please contact us at firstname.lastname@example.org.
Copyright © 2018, Naschitz, Brandes Amir & Co., Advocates. All rights reserved.