eAI, Inc., on behalf of itself and its affiliates
(“eAI”, “we”,
“our”) welcomes you (the
“User(s)”, or “you”) to
our website at
https://eazifunds.com
(the “Site”). Each of the Site's Users
may use the Site in accordance with the terms and conditions
hereunder. 1. Acceptance of the Terms By entering, connecting to, accessing, or using the
Site, you acknowledge that you have read and understood the
following terms of use, including the terms of our
Privacy Policy
available at:
https://www.eazifunds.com/privacy-policy
(collectively, the “Terms”) and you agree
to be bound by them and to comply with all applicable laws
and regulations regarding your use of the Site and you
acknowledge that these Terms constitute a binding and
enforceable legal contract between eAI and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER
TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY
MANNER.
The Site is available only to individuals who
(a) are at least sixteen (16) years old; and (b) possess the
legal capacity to enter into these Terms (on behalf of
themselves and their organization, as applicable) and to
form a binding agreement under any applicable law. You
hereby represent that you possess the legal authority to
enter into these Terms on you and your organization's
behalf and to form a binding agreement under any applicable
law, to use the Site in accordance with these Terms, and to
fully perform your obligations hereunder. For the avoidance
of doubt, any act or omission performed by you in connection
with the Site shall obligate your organization. 2. The Site The Site provides information regarding our products
and services and includes, inter-alia, an overview of, and
news regarding eAI and our services, and allows Users who
are interested in our services to subscribe to our
newsletter. Our Site includes certain content, such as
contact information, videos, text, files, logos, button
icons, images, data compilations, links, other specialized
content, technical data, documentation, know-how,
specifications materials, designs, data, the "look and
feel" of the Site, algorithms, source and object code,
interface, GUI, interactive features related graphics,
illustrations, drawings, animations, and other features
obtained from or through the Site (collectively, the
“Content”).
If you would like
to receive more information about our products and services
or if you have any questions, please contact us via the
email address appearing at the end of this document.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE
ARE RESERVED TO eAI OR ITS LICENSORS. TO THE EXTENT
LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE
THEREIN ARE PROVIDED ON AN “AS IS” BASIS. eAI WILL NOT
BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY
OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR
USE OF THE SITE AND/OR THE CONTENT AVAILABLE
THEREIN.
YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE
THEREIN IS ENTIRELY AT YOUR OWN RISK.You hereby acknowledge and agree that you may be charged
for Internet, maintenance of network connection and data
usage charges made through use of the Site, according to the
applicable rates charged by your respective third party
Internet and data usage service provider as may be from time
to time. 3. Use Restrictions There are certain conducts which are strictly
prohibited when using the Site. Please read the following
restrictions carefully. Failure to comply with any of the
provisions set forth herein may result (at eAI's sole
discretion) in the termination of your use of the Site
and/or Content and may also expose you to civil and/or
criminal liability.
4. Privacy and Policy We respect your privacy and are committed to protect
the information you share with us. We believe that you have
a right to know our practices regarding the information we
collect when you connect to, access or use the Site. Our
policy and practices and the type of information collected
via the Site are described in detail in our
Privacy Policy available at
https://www.eazifunds.com/privacypolicy, which is incorporated herein by reference. You agree that
eAI's may use personal information that you provide or make
available to eAI's in accordance with the Privacy Policy. If
you intend to access or use the Site you must first read and
agree to the Privacy Policy. 5. Intellectual Property Rights The Site, the Content and eAI's proprietary assets
and any and all intellectual property rights pertaining
thereto, including, but not limited to, inventions, patents
and patent applications, trademarks, trade names, service
marks, copyrightable materials, domain names and trade
secrets, whether or not registered or capable of being
registered (collectively, “Intellectual Property”), are owned by and/or licensed to eAI and are protected
by applicable patent, copyright and other intellectual
property laws and international conventions and treaties.
All rights not expressly granted to you hereunder are
reserved by eAI's and its licensors.
The Terms
do not convey to you an interest in or to eAI's Intellectual
Property but only a limited revocable right of use in
accordance with the Terms. Nothing in the Terms constitutes
a waiver of eAI's Intellectual Property under any law.
To
the extent you provide any feedbacks, comments or
suggestions to eAI (“Feedback”), eAI shall
have an exclusive, royalty-free, fully paid up, worldwide,
perpetual and irrevocable license to incorporate the
Feedback into any eAI current or future services and/or
activities and use same for any purpose all without further
compensation to you and without your approval. You agree
that all such Feedback shall be deemed to be
non-confidential. Further, you warrant that your Feedback is
not subject to any license terms that would purport to
require eAI to comply with any additional obligations with
respect to any eAI current or future products, technologies
or services that incorporate any Feedback.
6. Trademarks and Trade names eAI's marks and logos and all other proprietary
identifiers used by eAI in connection with the Site
(“eAI's Trademarks”) are all trademarks
and/or trade names of eAI, whether or not registered. All
other trademarks, service marks, trade names and logos which
may appear on the Site belong to their respective owners
(“Third Party Marks”). No right, license,
or interest to eAI's Trademarks and the Third Party Marks is
granted hereunder, and you agree that no such right,
license, or interest may be asserted by you with respect
thereto and therefore you will avoid using any of those
marks, except as permitted herein.
7. Linking to eAI's Site and links to Third Party
Sites We welcome links to any page on our Site. You are
free to establish a hypertext link to the Site so long as
the link does not state or imply any connection or approval
of your website, products and/or services by eAI and does
not portray eAI in a false or otherwise offensive manner.
You may not link to our Site from a site that you do not own
or have permission to use. In the event that you link to the
Site you represent that your site does not contain content
that is unlawful, offensive or infringing third party
rights. However, we do not permit framing or inline
linking. We may provide certain links, which may
permit our Users to leave this Site and enter non-eAI sites
or services. Those linked sites and services are provided
solely as a convenience to you. These linked sites and
services are not under the control of eAI and it is not
responsible for the availability of such external sites or
services, and does not endorse and is not responsible or
liable for any content including but not limited to content
advertising, products or other information on or available
from such linked sites and services or any link contained in
linked sites or service. In addition, eAI is not responsible
or liable for such linked sites and services' privacy
practices and/or any other practices. Your access to, use of
and reliance upon any such sites, services and content and
your dealings with such third parties are at your sole risk
and expense. eAI reserves the right to terminate any link at
any time. You further acknowledge and agree that eAI shall
not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused, by or in
connection with use of or reliance on any services, content,
products or other materials available on or through such
linked sites or resource. Most of such linked sites and
services provide legal documents, including terms of use and
privacy policy, governing the use thereof. It is always
advisable, and we encourage you to read such documents
carefully before using those sites and services, inter alia,
in order to know what kind of information about you is being
collected. 8. Availability The Site’s availability and functionality depends on
various factors, such as communication networks. eAI does
not warrant or guarantee that the Site will operate and/or
be available at all times without disruption or
interruption, or that it will be immune from unauthorized
access or error-free.
9. Changes to The Site eAI reserves the right to modify, correct, amend,
enhance, improve, make any other changes to, or discontinue,
temporarily or permanently this Site (or any part thereof,
including but not limited to the Content) without notice, at
any time. In addition, you hereby acknowledge that the
Content provided under this Site may be changed, extended in
terms of content and form or removed at any time without any
notice to you. You agree that eAI shall not be liable to you
or to any third party for any modification, suspension, or
discontinuance of this Site or the Content included therein.
You hereby agree that eAI is not responsible for any errors
or malfunctions that may occur in connection with the
performance of such changes. 10. Disclaimers and No Warranties TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE
AND CONTENT ARE PROVIDED ON AN “AS IS”,
“WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND eAI, INCLUDING ITS VENDORS, OFFICERS,
SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES,
AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, AND SUPPLIERS
(COLLECTIVELY, "eAI'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF USE OR FITNESS FOR A PARTICULAR PURPOSE AND
THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL
LAWS THAT THIS AGREEMENT CANNOT CHANGE. eAI AND eAI'S
REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO
THE AVAILABILITY, RELIABILITY, OR THE QUALITY OF THE SITE,
AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR,
FAULT, OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION
DISPLAYED WITHIN THE SITE. INASMUCH AS SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN,
THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY
NOT APPLY.
11. Limitation of Liability TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO
EVENT SHALL eAI, INCLUDING eAI'S REPRESENTATIVES BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT
OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF
GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING
HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR
THE CONTENT ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS
WITH USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU
COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR THE
CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE
CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS
REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE
PERFORMANCE OR FAILURE OF eAI TO PERFORM UNDER THESE TERMS,
ANY OTHER ACT OR OMISSION OF eAI OR eAI'S REPRESENTATIVES BY
ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF
WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL
THEORY, REGARDLESS OF WHETHER eAI OR eAI'S REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN
ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING
AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, eAI'S AND
eAI'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR
ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN
CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR
THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY
YOU, IF ANY, TO eAI FOR USE OF THE SITE OR $US 1.00,
WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO,
SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL,
LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM
US AND FROM eAI'S REPRESENTATIVES.
INASMUCH AS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR
LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE
ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. 12. Indemnification You agree to defend, indemnify and hold harmless eAI,
including eAI's Representatives from and against any and all
claims, damages, obligations, losses, liabilities, costs,
debts, and expenses (including but not limited to
attorney's fees) arising from: (i) your use, misuse of,
inability to use and/or activities in connection with the
Site and/or Content; (ii) your violation of any of these
Terms; (iii) your violation of any third party rights,
including without limitation any intellectual property
rights or privacy right of such third party, in connection
with your use of the Site; and (iv) any damage of any sort,
whether direct, indirect, special or consequential, you may
cause to any third party with relation to the Site. It is
hereby clarified that this defense and indemnification
obligation will survive these Terms.Without derogating from
the foregoing, we reserve the right to assume the exclusive
defense and control of any matter which is subject to
indemnification by you, which will not excuse your indemnity
obligations hereunder and in which event you will fully
cooperate with us in asserting any available defense. You
agree not to settle any matter subject to an indemnification
by you without first obtaining our prior express written
approval. 13. Amendments to the Terms eAI may, at its sole discretion, change the Terms
from time to time, including any other policies incorporated
thereto, so please re-visit this page frequently. In case of
any material change, we will make reasonable efforts to post
a clear notice on the Site and/or will send you an e-mail
(to the extent that you provided us with such e-mail
address) regarding such change. Such material changes will
take effect seven (7) days after such notice was provided on
our Site or sent via e-mail, whichever is the earlier.
Otherwise, all other changes to these Terms are effective as
of the stated “Last Revised” date and your continued use of
the Site on or after the Last Revised date will constitute
acceptance of, and agreement to be bound by, those changes.
In the event that the Terms should be amended to comply with
any legal requirements, the amendments may take effect
immediately, or as required by the law and without any prior
notice. 14. Termination of these Terms and the Termination of
the Site's operation At any time, eAI may without notice discontinue your
use of the Site, at its sole discretion, in addition to any
other remedies that may be available to eAI under any
applicable law.Additionally, eAI may at any time, at its
sole discretion, cease the operation of the Site or any part
thereof, temporarily or permanently, delete any information
or Content from the Site or correct, modify, amend, enhance,
improve and make any other changes thereto or discontinue
displaying or providing any information, Content or features
therein without giving any prior notice. You agree and
acknowledge that eAI does not assume any responsibility with
respect to, or in connection with the termination of the
Site's operation and loss of any data. The provisions
of these Terms that, by their nature and content, must
survive the termination of these Terms in order to achieve
the fundamental purposes of these Terms shall so survive.
Without limiting the generality of the forgoing, the
Intellectual Property, Disclaimers and No Warranties,
Limitation of Liability, Indemnification and General
sections will survive the termination of the Terms.
15. General (a) These
Terms constitute the entire terms and conditions between you
and eAI relating to the subject matter herein and supersedes
any and all prior written or oral agreements or
understandings between you and eAI, (b) any claim relating
to the Site or the use thereof will be governed by and
interpreted in accordance with the laws of the State of
Israel without reference to its conflict-of-laws principles
and the United Nations Convention Relating to a Uniform Law
on the International Sale of Goods may not be applied, (c)
any dispute arising out of or related to the Site will be
brought in, and you hereby consent to exclusive jurisdiction
and venue in, the competent courts located in the city of
Delaware, USA. You agree to waive all defenses of lack of
personal jurisdiction and forum non-convenience and agree
that process may be served in a manner authorized by
applicable law or court rule. Notwithstanding the foregoing,
eAI may seek injunctive relief in any court of competent
jurisdiction, (d) these Terms do not, and shall not be
construed to create any relationship, partnership, joint
venture, employer-employee, agency, or franchisor-franchisee
relationship between the parties hereto, (e) no waiver by
either party of any breach or default hereunder will be
deemed to be a waiver of any preceding or subsequent breach
or default. Any heading, caption or section title contained
herein is inserted only as a matter of convenience, and in
no way defines or explains any section or provision hereof,
(f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT
YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE SITE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED, (g) if any provision hereof is adjudged by any court
of competent jurisdiction to be unenforceable, that
provision shall be limited or eliminated to the minimum
extent necessary so that these Terms shall otherwise remain
in full force and effect while most nearly adhering to the
intent expressed herein, (h) you may not assign or transfer
these Terms (including all rights and obligations hereunder)
without our prior written consent and any attempt to do so
in violation of the foregoing shall be void. We may assign
these Terms without restriction or notification, and (i) no
amendment hereof will be binding unless in writing and
signed by eAI. 16. For information, questions or notification of
errors, please contact: If you have any questions (or comments) concerning
the Terms, you are most welcome to send us an e-mail to:
support@eazifunds.com
