- Consent to Agreement
If you do not agree to the terms of this Agreement, do not subscribe to, login in or otherwise use the Website.
By using or attempting to use the Website, you certify that you are of age to legally contract and you acknowledge that you have read, fully understood, and agree to be bound by this Agreement. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Website immediately.
If you are using the Website on behalf of any company, corporation, limited liability company, general or limited partnership, trust, proprietorship, joint venture, or other business entity, unincorporated association, organization or enterprise (each, an “Entity”) then you represent and warrant that you: (i) are an authorized representative of that Entity with the authority to bind such Entity to this Agreement; (ii) have read and fully understand the terms of this Agreement; and (iv) agree to this Agreement on behalf of such Entity.
In order to access some of the functions available in the Website, you may need to provide some information, including, but not limited to, name, address and payment method (“User Information”). You have the sole responsibility to ensure that the User Information is full, accurate and correct.
It shall be clarified that if Meprolight will provide you with a user name or a password (“Credentials”), you are obligated to keep the Credentials under secrecy, and not share them with any other third party. Meprolight reserves the right to amend the Credentials, and even disable your account, under its sole discretion.
If you have any doubts, about unauthorized use of your account, or of any breach to your account, you have to inform Meprolight as soon as possible regarding such activity.
- Terms of Sale
Meprolight reserves the right, to sell its products through the Website. If such option shall appear on the Website, the following terms shall govern all sales made through the Website:
Any purchase made through the Website shall be governed by our Terms of Sale, which are available on the Website. In certain cases, where Meprolight’s approval is needed in order to place a purchase order, the terms of that specific sale will be determined solely under Meprolight’s discretion, and such terms will be provided to the User prior to completing the purchase order.
Meprolight reserves the right to change the prices that appear on the Website, under its sole discretion, without giving notice to its users.
If any errors appear on the Website, which is related to a product offered for sale, Meprolight may make any required corrections.
It shall be clarified, that Meprolight may not be able to sell or ship some, or all, of its products to certain countries or states. In any event, you are obligated to ensure that there is no prohibition in your country or state, to purchase such products.
- Warranties and Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MEPROLIGHT, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MEPROLIGHT DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS OR VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
- Limitation of Liability
MEPROLIGHT WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE WEBSITE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF MEPROLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
IN ANY EVENT MEPROLIGHT’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF USD 100 (ONE HUNDRED UNITED STATES DOLLARS).
- Proprietary Rights Notice
The Website (including any derivatives and enhancements) and all intellectual property rights in the Website are, and shall remain, the property of Meprolight. All rights in and to the Website not expressly granted to you in this Agreement are hereby expressly reserved and retained by Meprolight and its licensors without restriction, including, without limitation, Meprolight’s right to sole ownership of its logos, trademarks, trade secrets, databases, reports, and the Website.
You agree not to (and not to allow any third party to): (i) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Website for any purpose without the express written consent of Meprolight; (ii) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Meprolight other than in the name of Meprolight; or (iii) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Website.
You have no obligation to give Meprolight any suggestions, ideas, enhancement requests, recommendations, comments or other feedback (“Feedback”) relating to the Website. To the extent Meprolight receives any Feedback from you, Meprolight may use and include any such Feedback to improve the Website or for any other purpose. Accordingly, you hereby irrevocably, exclusively and on a royalty-free basis, assign, all such Feedback to Meprolight and its affiliates, licensees, clients, partners, third-party providers, and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback as it deems fit.
- Modifications to Website
Meprolight reserves the right to modify the terms of this Agreement from time to time. You are therefore encouraged to regularly review the Agreement.
Meprolight may, from time to time, update or make certain modifications to the Website, including, without limitation, removing certain functionalities, changing the layout or adding new features that augment or enhance the Website (“Updates”). It is hereby clarified that any such Updates, including the release of new tools and resources, shall be subject to the terms of this Agreement. Continued use of the Website after any such Updates shall constitute your consent to such Updates.
- Miscellaneous; Applicable Law and Venue
You hereby undertake to use the Website in accordance with applicable law and to ensure that any action taken by you while using the Website shall not interfere with the Web site’s functionality in manner.
Meprolight shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the State of Israel without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Tel-Aviv, Israel.
Any notices to Meprolight must be sent to: Semion Dukhan, and are deemed given upon receipt. The failure of Meprolight to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign or otherwise transfer any of your rights hereunder without Meprolight’s prior written consent, and any such attempt is void. Meprolight may freely assign its rights under this Agreement. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
The relationship between Meprolight and you is not one of a legal partnership relationship but is one of the independent contractors.