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TERMS OF USE OF SHAMIR WEBSITE
Introduction to SHAMIR's Website Welcome to SHAMIR's Website ("Website"). We thank you for your interest in accessing the Website, in using the services offered by Shamir Optical Industry Ltd. and its subsidiaries (“SHAMIR”, "us", or "we") on the Website (“Services”), and in purchasing products and other offerings which may be available from time to time by us ("Products"). The purpose of this Website is to provide its users with easy access to acquire updated information regarding the SHAMIR Group and its Services and Products, as well as links to the group’s various websites. This Website is made available to you subject to the following Terms of Use, which by choosing to access this Website you agree to accept. In these Terms of Use, “SHAMIR” means Shamir Optical Industry Ltd., as well as its subsidiaries and affiliates. We may amend, update or otherwise change, at any time and without prior notice, any or all of the Terms of Use, included in this Website. Please check the contents of these Terms of Use periodically for changes. Each such amendment shall become automatically valid and enforceable at the time when first displayed by us in the Website. Your continued use of this Website, or of any part thereof following the posting of any changes to the Terms of Use, constitutes acceptance of these Terms of Use and of any subsequent changes. If you do not agree with any of the terms and conditions hereof, kindly do not make any use of this Website. The information contained and referred to in these pages, including but not limited to all patents, trademarks, registered trademarks, copyright, logos, trade names, drawings, pictures, designs, names, materials, contents, programming, databases of information, resources, links, descriptions of internet resources and any other documents or details from which any proprietary and/or intellectual property right may emanate, is the sole and absolute property of SHAMIR. Unless otherwise specifically authorized in writing by us, no part of any such information may be duplicated, copied, reproduced, distributed, used to create derivative works, amended or otherwise used for any purpose, wholly or partially, without our prior written consent. Without derogating from the generality of the stated above, none of SHAMIR's names, patents and trademarks, whether registered or not, may be used without the prior written consent of SHAMIR and in no event shall any of these be used in any way or manner which may be misleading and/or which may cause any confusion. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of SHAMIR without its express written consent. All other trademarks, trade names, service marks and the like that appear on the Website, Services or Products are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks without the respective owner’s express permission. Under no circumstances is any license, permission, right or interest of any nature granted to anyone using this Website, nor does any purchase of any product imply that you are in any way entitled to such rights. Violation of any of these provisions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted by law. This notice refers to any page/s that are or that may be included in, and/or linked with the SHAMIR Website, irrespective of whether such pages are marked with Copyright notice ©, Trademark notice ™, or registered patent notice ®. Our Website may provide links to other websites or resources. Since we cannot be responsible for such other sites and as we have no control over any of these other sites, including but not limited to their contents, you hereby acknowledge and agree that SHAMIR is not, and will not be held responsible for such other sites, including without limitation their availability, contents, the type of services they offer, the advertising and/or products contained therein, and their form. You also acknowledge and agree that we are not, and will not be held liable or responsible, directly or indirectly, for any damage and/or loss, whether pecuniary or not, caused or alleged to be caused by or in connection with use of, or reliance on, any such contents, goods or services available on or through any such other site/s or resource/s. You further acknowledge that SHAMIR is not and will not be held liable or responsible for the accuracy, the legality, the decency, the copyright, the compliance, the availability of any materials included in or referred to in these other sites, or any other aspect of the content of such other sites. The inclusion of such links does not imply endorsement of the Website by SHAMIR or any association with the operators of such site and resources. Without derogating from the generality of that stated above, you specifically undertake and agree not to create any direct or indirect links to our Website without obtaining our previous written consent. All information, including, without limitation, data, figures, specification and names contained in this Website is constantly reviewed and modified by us in accordance with our latest developments and recent publications. However, although we carefully and constantly review the accuracy of these pages, we can NOT assure, under any circumstances, the accuracy, the availability and the access to any Service and/or any part of any information contained or listed in our Website and/or in any of its pages. We assume no responsibility or liability for omissions or errors that may appear, and we cannot assure the availability of the Service or Products at any given time. We cannot guarantee that each and every specification contained in the information in our Website at any time is or will be accurate, correct, or complete, nor can we assure strict reliance on the information contained in this Website. As your use of this Website is at your own risk, you are fully encouraged to use all possible means and precautions to overcome any of the above factors. Unfortunately, no data-transmission over the Internet can be guaranteed to be 100% secure. We cannot assure or guarantee the security and protection of information sent by you over the Internet, and any information you transmit to us is at your own risk. Nonetheless, any information we may receive from you will be maintained and used by us in accordance with our Privacy Statement, and in a manner that protects and safeguards your privacy. If you feel more secure you may always contact SHAMIR's local branch or authorized distributor rather than sending any of your information over the Internet. Your privacy as well as the protection of all of your personal information is vitally important to us, and we undertake to safeguard them by exercising reasonable care through reasonably available means. We do not disclose any information that we receive from you to any third party without your prior consent, nor do we sell or license the use of any information received from you. However, with the aim to better meet your needs, we may share information with our authorized distributors for the purpose of facilitating transactions you may wish to conduct with us. We may also use the information for statistical and marketing purposes, in order to analyze and process your preferences and varying needs and to contact you for the purpose of providing you with details and features related to our products and to the contents of our Website. Our Website may gather certain usage information, such as numbers and frequency of visitors to our Website. This information may be used by us solely in the aggregate to enable us to improve the access, the availability, the various features and contents of our Website, and in order to assure that it may appeal to, and be used by as many users as possible. Thus, we may make use of certain technologies which process statistical data and provide details regarding the number of visitors to our Website, the means by which access is made to the Website, and the times of visiting our Website. We do not use such technologies to collect personally identifiable information, nor do we use any data received through same with other personally identifiable information for any other purposes. The Website might employ “cookie” technology at times. Cookies are small text files stored in files on your computer allowing our Website to track your use of the Website as you visit and revisit the website (the pages you visited, date and time of the visit, etc.), but will not enable to identify you. Please note that you can choose to block the use of cookies through settings in your web browser but be advised that certain features of website may not work properly without them. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Any information received by us from you over the Internet is regarded as confidential information. That includes not only data that you sent to us over the Internet, but also information about your individual visits to our Website and any other queries you may have regarding our Products or Services. Use of Google Analytics This Website uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets a cookie in order to evaluate your use of the Website and compile reports for us on activity on the Website to help us understand how visitors engage with the Website and track visitor interactions. Google Analytics collects information anonymously and without identifying individual visitors. Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By accessing this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Analytics uses its own cookies to store information, such as what time the visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. In addition to declining cookies, you can also install the Google Analytics Opt-out Add-on in your browser, which prevents Google Analytics from collecting information about your website visits. SHAMIR PROVIDES THE WEBSITE, SERVICES, AND PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHAMIR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE ON THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM SHAMIR INSIGHT: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, VIRUSES, INACCURACIES, ERRORS, OR OTHER HARMFUL COMPONENTS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE THAT YOU USE. SHAMIR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK. IN ANY EVENT WHERE APPLICABLE LAW DOES NOT ALLOW EXCLUSIONS OR LIMITATIONS OF DIFFERENT TYPES OF DAMAGES OR WARRANTIES AS HEREIN STIPULATED, SHAMIR’S MAXIMAL LIABILITY SHALL BE LIMITED TO, AND SHALL NOT EXCEED THE MINIMAL EXTENT OF LIABILITY STIPULATED AND/OR PERMITTED BY APPLICABLE LAW. LIMITATION OF LIABILITY SHAMIR, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE, SERVICES, OR PRODUCTS, BASED ON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, INFRINGEMENT, INVASION OF PRIVACY, OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF SHAMIR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, THE SERVICES, OR THE PRODUCTS EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO SHAMIR DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (II) US$5,000. YOU WILL INDEMNIFY AND/OR COMPENSATE SHAMIR AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, DISTRIBUTORS, AGENTS AND EMPLOYEES, AND HOLD THEM HARMLESS AGAINST ANY CLAIM, LIABILITY OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO USE YOU MAKE AND/OR TO MATERIALS OR INFORMATION THAT YOU DISTRIBUTE OR OTHERWISE TRANSMIT VIA THIS WEBSITE, AND WHICH MAY RESULT FROM OR BE RELATED TO YOUR MISCONDUCT, OR USE OR MISUSE OF THIS WEBSITE. WITHOUT DEROGATING FROM YOUR DUTY TO INDEMNIFY AND/OR COMPENSATE SHAMIR ALSO IN ANY CASE OF VIOLATION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO EXERCISE ABSOLUTE CONTROL OVER THE EXCLUSIVE DEFENCE AND HANDLING OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU UNDERTAKE TO FULLY CO-OPERATE WITH SHAMIR AND TO ACT IN ACCORDANCE WITH SHAMIR’S LEGAL ADVICE IN ADHERING AND MANAGING ANY AVAILABLE DEFENCES. SHAMIR makes no representation whereby any Products and/or Services offered on this Website, are or may be available or appropriate in territories outside the territory in which the same are performed and/or offered. You specifically acknowledge and agree that any Product and or Service you may order from SHAMIR, if SHAMIR opts to provide it, will be provided to you from and by SHAMIR’s local lawful representative in the applicable territory. Any such Product, Service transaction, deal, bargain or shall constitute a local deal and trade, which will be executed and performed subject to all SHAMIR's Terms and Conditions of Sale as included on this Website or published elsewhere by SHAMIR, and in accordance with all relevant and governing provisions of the local law in that country. Accessing this Website and/or using the contents hereof from territories where such activities are illegal, is prohibited. Doing so contrary to this provision is at your own risk and subject to your sole responsibility to comply with all local laws. Misconduct, Improper Use & Disruption You are held responsible for any misconduct and/or materials that you place or transmit on or through this Website, and shall not use this Website and/or any of the Services available therein to offer, send, distribute, link to, or solicit contents or materials that are or that may: (i) violate any law, regulation, contract or mode of behavior applicable to online conduct and to users of the World Wide Web; and/or (ii) be illegal, misleading, incorrect, incomplete, detrimental, intimidating, harassing, offensive, defamatory, improper, violent, obscene, pornographic, libelous or infringing others’ privacy; and/or (iii) infringe someone else's intellectual property or other rights; and/or (iv) contain viruses or any other computer files or programs that are designed or intended to, or that may, disrupt, damage, interfere with or limit the functioning of any part of this Website and/or any equipment or software; and/or (v) interrupt or interfere with the operation of the Website; and/or (vi) be used by persons not authorized, for any purpose other than that which complies with these Term of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel. You expressly agree that the sole and exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed exclusively with the competent court and instance in the State of Israel. Further, you specifically agree and submit to the exercise of personal jurisdiction of such court/instance for the purpose of litigating any such claim or action. These Terms of Use constitute the entire agreement between you and SHAMIR with respect to this Website and its contents as defined above. If any provision amongst these Terms of Use is held invalid or otherwise unenforceable, wholly or partially, such provision shall be construed, applied and enforced in a manner consistent with the applicable law and which reflects the genuine intentions expressed in these Terms of Use. Each and any of the remaining provisions shall remain in full force and effect. SHAMIR reserves the right, at its sole and absolute discretion, to terminate and/or otherwise limit access to all or part of this Website and/or its contents as it deems fit, with or without notice.
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