These Terms of Service apply to the use of TomShavit.com (“TomShavit(s)”), TomShavit.com sub-domains, websites and all related digital content.
1. Your relationship with TomShavit
1.1 Your use of TomShavit’s products, services and website (referred to collectively as the “Services” in this document and excluding any services provided to you by TomShavit under a separate written agreement) is subject to the terms of a legal agreement between you and TomShavit. TomShavit means the website which is found at www.TomShavit.com. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by TomShavit in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that TomShavit will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Provision of the Services by TomShavit
3.1 TomShavit is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which TomShavit provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that TomShavit may stop (permanently or temporarily) providing certain features of the Services to you or to users generally at TomShavit’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TomShavit when you stop using the Services.
3.3 You acknowledge and agree that if TomShavit disables access to your account, you may be prevented from accessing the Services.
4. Use of the Services by you
4.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.3 Unless you have been specifically permitted to do so in a separate agreement with TomShavit, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.4 Unless you have been specifically permitted to do so in a separate agreement with TomShavit, you agree that if you reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, in each separate instance of unauthorized activity you become personally liable to TomShavit for the full single user license fee.
4.5 You agree that you are solely responsible for your use of any techniques or strategies you learn from your use of the Services and that TomShavit, its affiliates and or “Player Coaches” have no responsibility to you or to any third party for your use or misuse of the Services provided.
5. Privacy and your personal information
5.2 You agree to the use of your data in accordance with TomShavit’s privacy policies.
6. Proprietary rights
6.1 You acknowledge and agree that TomShavit owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Unless you have agreed otherwise with TomShavit, nothing in the Terms gives you a right to use any of TomShavit’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
6.3 If you have been given an explicit right to use any of these brand features in a separate agreement with TomShavit, then you agree that your use of such features shall be in compliance with that agreement.
6.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7. License from TomShavit
7.1 TomShavit gives you a personal, worldwide, non-assignable and non-exclusive license to use the Services provided to you by TomShavit. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TomShavit, in the manner permitted by the Terms.
7.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to reproduce the services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TomShavit, in writing.
7.3 Subject to section 1.2, unless TomShavit has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service.
8. Ending your relationship with TomShavit
8.1 The Terms will continue to apply until terminated by either you or TomShavit as set out below.
8.2 TomShavit at any time may terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) TomShavit is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the provision of the Services to you by TomShavit is, in TomShavit’s opinion, no longer commercially viable.
8.3 Nothing in this Section shall affect TomShavit’s rights regarding provision of Services under Section 3 of the Terms.
8.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TomShavit have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 13.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
9. EXCLUSION OF WARRANTIES
9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
9.2 IN PARTICULAR, TomShavit, ITS AFFILIATES AND ITS “PLAYER COACHES” DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
9.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TomShavit OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9.4 TomShavit FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
10.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 9.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TomShavit, ITS AFFILIATES, AND ITS “PLAYER COACHES” SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF YOUR USE OF THE SERVICE OR USE OF THE SERVICE ON BEHALF OF THIRD PARTIES.
11. Other content
11.1 The Services may include hyperlinks to other web sites or content or resources. TomShavit may have no control over any web sites or resources which are provided by companies or persons other than TomShavit.
11.2 You acknowledge and agree that TomShavit is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
11.3 You acknowledge and agree that TomShavit is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
12. Changes to the Terms
13. General legal terms
13.1 Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
13.2 The Terms constitute the whole legal agreement between you and TomShavit and govern your use of the Services.
13.3 You agree that TomShavit may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
13.4 You agree that if TomShavit does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TomShavit has the benefit of under any applicable law), this will not be taken to be a formal waiver of TomShavit’s rights and that those rights or remedies will still be available to TomShavit.
13.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.6 The Terms, and your relationship with TomShavit under the Terms, shall be governed by the laws of Israel without regard to its conflict of law’s provisions. You and TomShavit agree to submit to the exclusive jurisdiction of the courts located within the county of Israel to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TomShavit shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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Updated May 25, 2018