Terms of use
1. Acceptance of Terms
Welcome to https://qd-sol.com/ (the “Website“). The Website is operated by QDSOL Ltd. (“we“, “us“, “our“, “Company” or “QDSOL“). These terms of service together with our privacy policy and
any applicable law shall apply to your use of this Website (the “Terms of Service“). Please read these Terms and Conditions carefully before using the Service.
You may access and use the Website only subject to your acceptance of these Terms of service in their entirety. We reserve the right at any time to modify these Terms of Service, including by
eliminating, modifying, limiting or discontinuing any feature detailed herein. We have no obligation to inform you about any modification of these Terms of Service. Your continued use of the Website after such change will be deemed acceptance of such changes to the Terms of Service.
2. Registration, User Account, Password and Security
2.1. You may be asked to provide information about yourself (including your email address) in order to use all of the applications of the Website (the “Registration Data”). By providing the Registration Data, you give consent to be added to our mailing list and to receive QDSOL’s newsletter and other promotional or advertising materials.
2.2. By using the Website, You consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information. We will retain and use such information, as well as the Registration Data, pursuant to our Privacy Policy (located at: https://qd-sol.com/privacy-policy which is incorporated herein by reference.
3. Rules of Conduct
3.1. We try to provide information as accurate and as up to date as possible on the Website.
However, You may not relay on any information or pictures which we provide on the Website, and any such reliance is at your own risk. We provide no warranty with respect to the information appearing on our Website.
3.2. We reserve the right to modify the content of the Website (including prices, specifications, warranties, and terms) at any time, and we will have no obligation to update you in advance of any
such change.
3.3. You may not use the Website for any illegal or unauthorized purpose, nor violate any applicable laws (including, but not limited to, copyright and privacy laws), nor will you upload or transmit
through the Website any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Without
derogating of the above, you may not use the Website in connection with any content that is illegal (in any applicable jurisdiction), or may infringe or promote the infringement of any copyright,
patent, trademark, service mark, trade secret, moral right, or other intellectual property or proprietary right of any party
4. Intellectual Property Policy
4.1. The Website, all of the intellectual property rights in the Website including photos, images, designs, text, logos and icons are, and shall remain, our exclusive property. All rights in and to the
Website are hereby expressly reserved and retained by us without restriction, including, without limitation, our right to sole ownership of the Website and documentation, logos, trademarks, and
trade secrets.
4.2. Company’s logo, the brand of QDSOL, the taglines and other graphics, logos, and service names are trade-names and trademarks of the Company. Such trademarks may not be used in connection with any product or service without our prior written approval and/or in any manner that disparages
or discredits the Company.
4.3. You agree not to (and not to allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other proprietary rights associated with the Website for any purpose without our express written consent; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other proprietary rights associated with the Company; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Website.
4.4. Any ideas, requests, feedbacks, recommendations, error and bug reports, comments, concepts, additional features and other requests or suggestions that you may provide us with connection to the Website (collectively “Ideas”), will be owned by us. You hereby irrevocably assign and transfer any intellectual property rights in such Ideas to us, free of charge. You agree that the same will
automatically become our property and that we shall be entitled to use, exploit, implement, adapt, develop, copy, reproduce, publish, license or assign the rights to such materials and Ideas without any obligation to make any royalty or other payment to you, and without any obligation of credit or notice to you. If you intend to retain any intellectual property rights in your Ideas please do not submit them to us without our prior written approval.
5. Term and Termination; Consequences of Termination
5.1. We may close the Website at any time without providing any prior written notice. Any violation of these Terms of Service may result, inter alia, in termination of your ability to access and use the Website. If you default in the performance of any of your obligations under these Terms of Service we may immediately, without derogating from any other rights we may have under these Terms of Service and/or any applicable law, deactivate or suspend your account and/or your access to and use of the Website or any portion thereof and/or terminate these Terms of Service. We have no obligation to supply you with a notice about such suspension or the reason for such suspension. We shall not be liable to you or to any third-party for any termination of your access to the Website.
5.2. The expiration or termination of these Terms of Service shall not relieve you of any obligation intended to survive under these Terms of Service.
6. Indemnification
You hereby agree to indemnify, defend and hold us, and our directors, owners, investors, shareholders, officers, employees, consultants, attorneys, agents and other representatives,
harmless from and against any and all third party claims (including related judgments, awards, liabilities, damages, losses, costs and expenses) (including reasonable attorneys’ fees) and other
expenses that are based on or arise directly or indirectly out of or from your breach of these Terms of Service; or any breach of your representations and warranties set forth herein.
7. Disclaimer of Warranties
7.1. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE SERVICES WE PROVIDE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SERVICE PROVIDERS, AGENTS, AND SUB-CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE.
7.2. WE, OUR SERVICE PROVIDERS, AGENTS AND SUB-CONTRACTORS DO NOT WARRANT THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED; OR (C) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
7.3. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS OF SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
8. Limitation of Liability
8.1. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS OR OTHER INTANGIBLE LOSSES), UNDER ANY THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE). Some jurisdictions may not allow the limitation or
exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
8.2. YOU FURTHER AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH LOSS OF DATA, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, COMMUNICATIONS LINE FAILURE, FILE CORRUPTION, OR USE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EITHER US OR OUR SUB-CONTRACTORS AND SERVICE PROVIDERS, ALL IN IRRESPECTIVE OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Links to Other Resources
We may provide hyperlinks to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we shall not be responsible for the availability
of such sites or resources, nor shall we be responsible or liable for any content, advertising, services or other materials on or available from such sites or resources. When you access these third-party sites you do so at your own risk, and you should refer to each such website’s individual “terms of service” and “privacy policies” and not rely on these Terms of Service in anyway.
10. Miscellaneous
10.1. No waiver by Company of any default shall be deemed a waiver of any prior or subsequent default of the same or other provisions of these Terms, nor shall any delay or omission on the part of Company to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other
provision and such invalid provision shall be deemed to be severed from these Terms of Service. We may freely assign our rights and responsibilities hereunder without notice to you. These Terms of Service are not assignable, transferable or sublicense-able by you except with our prior written consent.
10.2. These Terms of Service constitute the entire understanding between you and us, and revoke and supersede all prior agreements between us, and are intended as a final expression of our
agreement. These Terms of Service shall take precedence over any other documents that may be in conflict therewith. Any heading, caption or section title contained in these Terms of Service is
inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right at any time to modify these Terms of Service. Any such modification
will be effective immediately upon posting the amended Terms of Service on our website. Your continued use of the Website after the posting the amended Terms of Service on our website, will
be deemed acceptance of such modified Terms of Service.
10.3. These Terms of Service shall be construed in accordance with and governed for all purposes by the substantive laws of the State of Israel without regard to its conflicts of law provisions. You agree that any claim or dispute you may have against the Company and its affiliates, directors, officers, employees and representatives must be resolved solely and exclusively by a court located in the Tel Aviv, Israel, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
10.4. Any notice regarding these Terms of Service should be sent to info@qd-sol.com.