Fruitful Way

Media Terms of Use

This Terms of Use describes the terms and conditions for the use of the Fruitful Way Ltd. Media.  


Definitions

In this Terms of Use, the term “Media” refers to, collectively, our website(s), app(s) (including mobile apps), blog(s), social media site(s) or email interactions, and this Terms of Use applies to all of our Media and your interaction with us in our Media.  Fruitful Way Ltd. is not responsible for any errors or omissions or for the results obtained from the use of any information, provided here.

The term "Content" in this Terms of Use applies to any information, data, any images, and art design of any type on the Fruitful Way Ltd. Media. Where applicable, content in the Fruitful Way Ltd. Media is subject to the disclaimer: "These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease."


This is Your Agreement

By acknowledging your acceptance of these Terms of Use an agreement is created between us.  By using the Fruitful Way Ltd. Media, therefore, you agree to abide by these Terms of Use.


Permitted Use/Proprietary Rights

All information and content available on the Fruitful Way Ltd. Media is protected by copyrights, trademarks and other proprietary rights or laws. Without the permission of Fruitful Way Ltd., you may not download, copy, modify, or display works comprising and/or based upon the Content.  All rights not expressly granted herein are reserved.

Any reproduction, except for your personal non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the Content viewed or accessed from the Media without the express written permission of Fruitful Way Ltd. is expressly prohibited. You may not copy, post, or upload any Content to another Internet website, any public or private bulletin board system, or any other electronic network or Internet service. 

You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed, or prohibited disclosure, distribution, copying, or use of any kind of this information and Content ("Unauthorized Use") could result in substantial and irreparable harm to Fruitful Way Ltd..  Any Unauthorized Use by you shall be deemed an infringement of the rights of Fruitful Way Ltd..  You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including civil liability and criminal prosecution. Notwithstanding any other remedies, you agree that Fruitful Way Ltd. shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you. 

You acknowledge Fruitful Way Ltd.'s proprietary rights, including any and all copyrights and trademarks, in the Fruitful Way Ltd. name. You agree not to violate the applicable copyrights or trademarks protecting Fruitful Way Ltd.. You will indemnify Fruitful Way Ltd., for any and all costs and expenses (including attorneys' fees) associated with any legal action brought by or against you with respect to your improper use and/or infringement of Fruitful Way Ltd.’s intellectual property.


Unauthorized Access of the Site

Unauthorized access of Fruitful Way Ltd. Media, including by entering or monitoring our Media on any level other than through registration in our Media, as applicable, is expressly prohibited.

 

Limitation of Liability

IN NO EVENT SHALL FRUITFUL WAY LTD., OR ITS AFFILIATES, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF FRUITFUL WAY LTD. HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO FRUITFUL WAY LTD.'S SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF FRUITFUL WAY LTD. OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

Indemnity

You agree to indemnify, defend, and hold Fruitful Way Ltd., its affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys' fees) and other costs arising out of or relating to (i) your breach of these Terms of Use or the documents it incorporates by reference; (ii) your negligence or misconduct; or (iii) a claim that your use of any Content infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party.  Fruitful Way Ltd. may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Fruitful Way Ltd., however, shall not excuse any of your indemnity obligations.


Termination/Cancellation/Modification

Fruitful Way Ltd. may terminate this Terms of Use, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Terms of Use: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.

Fruitful Way Ltd. may change the Terms of Use at any time without notice by posting the changes in our Media.  All changes shall automatically be effective within five (5) days after they are initially posted in our Media.


Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed under the laws of the State of Israel without reference to conflict of laws principles. These Terms of Use are deemed entered into in Tel Aviv-Yafo.  All disputes arising out of or related to these Terms of Use, the services, or Site shall be subject to the exclusive jurisdiction of the competent courts of the State of Israel. 

The parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

 

Entire Agreement

This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms of Use shall be valid unless in writing and accepted by each party. The waiver of breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

THE USE OF THE CONTENT AVAILABLE THROUGH OUR MEDIA IS SUBJECT TO THE FOREGOING TERMS OF USE. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SITE, YOU AGREE TO THE FOREGOING TERMS OF USE, NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND Fruitful Way Ltd.. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE SITE.


The Terms of Use (as changed from time to time as provided herein) shall apply to each time you visit our Media.

 

For questions or if you wish Fruitful Way Ltd., please contact us in writing (by post), as follows:

Fruitful Way Ltd.
23 Tagor St.
Tel Aviv 6920325
Israel

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