Last Revised: March 1, 2023
1. ACCEPTANCE OF TERMS
Welcome to https://addressable.io. This website (the “Site”) is owned and operated by AddressableLtd., a corporation organized and existing under the laws of the State of Israel and its affiliates (“Addressable” or “we” or “our”). The terms and conditions below (the “Terms” or “Agreement”) govern your use of and access to this Site, and any demo or trial of the Addressable proprietary platform that we may make available to you through the Site (the “Demo”), the SaaS platform (the “Solution”), and of the services provided by Addressable thereby (the “Services”), that may be made available to you through the Site.
2. THE SERVICES
Scope and Applicability. Subject to the terms and conditions of this Agreement and your compliance herewith, Addressable hereby grants to you a worldwide, non-exclusive, nontransferable, non-sublicensable, fully revocable, limited license, to browse and access the Site (as such terms are defined below), solely for evaluating purchase of a subscription to our Solution and Services for your internal needs.
3. DEMO AND TRIAL OF THE SERVICES
Modification of Site. You acknowledge that we may, in our sole discretion and at any time(s), add, remove, discontinue, edit or otherwise change any part of the Site without notice. You may reject changes by discontinuing your use of the Site. Your continued use of the Site will constitute as your acceptance of and agreement to such changes.
Denying Access. We may block access to the Site from any user that we suspect of breaching any term of this Agreement without derogating from any other right or remedy that we may have by law, equity or otherwise.
4. INTELLECTUAL PROPERTY; LICENSE
Addressable Intellectual Property: All rights, including intellectual property rights, that are related to or arising from the Site or Demos, including all contents included on or incorporated into the Site, such as any literary works, analyses, reports, conclusions, discoveries, text, images, photos, trademarks, service marks, designs, UI, technology, software, trade secrets and any other Addressable proprietary materials included and/or used therein but excluding UserData (collectively, the “Content”), and any derivative, enhancement or modification of the aforementioned, is and shall, as between you and Addressable, at all times, remain exclusively owned by Addressable, and is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
License Restrictions. This Agreement does not confer to you any right in the Site, Content or any part thereof other than the limited license to use the Site as explicitly permitted above.
Trademarks. “Addressable” and all logos and other proprietary identifiers used by Addressable in connection with the Site (“Addressable Trademarks”) that refer to Addressable, are all trademarks and/or trade names of Addressable, whether or not registered. No right, license, or interest to Addressable Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Addressable Trademarks and therefore you will avoid using any of those marks, unless expressly permitted herein.
5. USER CONDUCT; RESTRICTION ON USE
In connection with your use of the Site, you agree to abide by all applicable local, state, national and international laws and regulations and you may not, whether by yourself or through anyone on your behalf, nor allow or facilitate a third party to:
Use and/or access the Site including through your account or by using your access credentials, for any purpose intended for the benefit of third parties, in particular you may not sell, rent, license or otherwise commercially dispose of or make your access to the Site available to third parties;
Use the Site or any part thereof for any purpose or in any manner not explicitly authorized hereunder;
Violate any rights of others or the operational or security mechanisms of the Site;
Copy, modify, distribute, publicly display, transfer or create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile, disassemble or reproduce the Site, or any parts there of, for any purpose;
Create a browser or border environment around the Site, link, including in-line linking, to elements on the Site, such as images, posters and videos, and/or frame or mirror any part there of, except as expressly permitted hereunder;
Transmit, distribute, display or otherwise make available through or in connection with the Site any content, including any User Data, in a manner which infringes third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content;
Transmit or otherwise make available in connection with the Site any malware or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
Interfere with or disrupt the operation of the Site, or the servers or networks that host them or make the Site available;
Bypass any measures which may be used to prevent or restrict access to the Site and/or certain functionalities therein;
Use the Content or the Site and/or the Services for any illegal, immoral or unauthorized purpose;
Remove or delete any and all copyright notices, restrictions and signs indicating proprietary rights of Addressable and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Site.
Access and/or use of the Site or any Content provided therein in order to build a competitive product or service;
Publish or disclose to any third party any technical features, quality, performance or benchmark test, or comparative analyses relating to the Site.
Infringe or violate any of the terms and conditions of this Agreement.
6. USER ELIGEBILITY (MINORS)
You represent that you are at least eighteen (18) years of age. We reserve the right to require you at any stage to provide proof of age, so that we can verify that only eligible users are using the Site and Services. In the event that it comes to our knowledge that a person who is under the age of eighteen (18) is using the Services or Site, we reserve the right to prohibit and block such user from accessing the Services and/or Site.
7. USER DATA
Either party (a “Disclosing Party”) may disclose or make available to the other party (a “Receiving Party”) certain confidential information regarding its technology, operations and business (“Confidential Information”). Receiving Party agrees to use best reasonable industry measures to protect the confidentiality and not disclose the Confidential Information to any third party or use any Confidential Information except as required to provide or use of the Site in the scope of the parties’ engagement hereunder. Confidential Information shall not include information that Receiving Party can show by written evidence (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions. Receiving Party shall not be prevented from disclosing Confidential Information pursuant to a binding court order or similar binding legal requirement for disclosure, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperate in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. Receiving Party shall in any event remain liable for any actions or omissions performed by its employees and service providers, as if performed by Receiving Party.
Upon termination or expiration of this agreement for any reason or upon User’s written request, Addressable shall return or permanently destroy all User Data in its possession and at your request, have an authorized signatory of Addressable certify of the same in writing to the you.
9. YOUR CONTRIBUTIONS TO THE SITE OR THE SERVICES
In the event you provide us, or post on or through the Site, any suggestions, material, ideas, comments or other feedback relating to the Site and/or the Content (“Feedback”), you agree that we may, in our sole discretion, use any Feedback in any way, including without limitations in future modifications of the Site, Solution, Services or advertising and promotional materials relating thereto.
If applicable, all “moral rights” that you may have in your Feedback have been voluntarily waived by you.
11. DISCLAIMER OF ALL WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE CONTENT, PURSUANT HERETO, IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES. ADDRESSABLE (ON BEHALF OF ITSELF AND ITS SUBCONTRACTORS AND AFFILIATES) DISCLAIMS ANY RESPONSIBILITY FOR ANY LOSS OR HARM CAUSED IN CONNECTION WITH OR RESULTING FROM YOUR USE OF OR RELIANCE ON THE SITE.
THIS SITE AND THE CONTENT ARE PROVIDED HEREUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE AND THE CONTENT, AS MADE AVAILABLE HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE AND THE CONTENT, WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR, BUG OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE AND THE CONTENT, IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, USEFULNESS, RELIABILITY OR OTHERWISE.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ADDRESSABLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, NOR FOR ANY DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS SITE, OR (II) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THIS SITE; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ADDRESSABLE, NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDER, AND EMPLOYEES’ (“ADDRESSABLE PARTIES”) AGGREGATE LIABILITY TO YOU, EXCEED THE AMOUNTS PAID BY YOU TO ADDRESSABLE IN RESPECT OF THE USAGE OF THE SITE.
Subject to applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you or anyone at your behalf, arising out of or related to use of the Site, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS ADDRESSABLE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT, (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THIS SITE; (III) YOUR FEEDBACK; (IV) YOUR USE OF, RELIANCE ON OR ACCESS TO ANY THIRD PARTY SOFTWARE, APPLICATIONS OR DATA RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES; (V) ANY RIGHTS OF A THIRD PARTY WITH REGARD TO USER DATA YOU PROVIDED US, INCLUDING PRIVACY OR INTELLECTUAL PROPERTY RIGHTS. WE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION. YOU SHALL COOPERATE FULLY IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
We may change the terms of this Agreement at any time and at our sole discretion. If we make any material changes to this Agreement, we will post a notice of these changes on our Site and/or we will send you notifications regarding such changes to the e-mail address if one was provided by you under the contact details. If you do not agree to the new or different terms, you should not use the Site.
15. GOVERNING LAW
Your use of the Site may be subject to local, state, national, and international laws. By visiting or using the Site and any part thereof, you expressly agree that this Agreement will be governed by Israeli law without regard to its choice of law or conflicts of law principles. You expressly consent to the exclusive jurisdiction and venue in the courts in Tel Aviv, Israel, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
Entire Agreement. This Agreement and our rules and policies in this Site, as updated from time to time, comprise the entire agreement between you and us, states our entire liability and your exclusive remedy with respect to the Site, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ subject matter. If any provisions of this Agreement are held to be contrary to law, then such provisions shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. Any failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance.
Assignment. This Agreement is personal to you and you may not assign any of your rights or obligations hereunder. This Agreement may be assigned by us without restriction.
If you wish to receive more information on these Terms, please contact us using the details provided below: