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Terms & Conditions

Use of the Academic Language Experts (“ALE”) website (the “Website”) and ALE’s services are subject to the following terms and conditions:

USE OF WEBSITE

1.1 By using the Website or by ordering services from Us via the Website or agreeing to provide services via the Website as applicable, the user accessing the Website (“You”) agree to abide by all terms and conditions of this Agreement (“T&C”) between you and ALE (“ALE” or “Us” or “We”). The T&C constitutes a legal agreement between You and ALE, which will apply to you in respect of any of your access to the Website and all services of ours which you may retain from Us or provide for us as the case may be (the “Services”). If any of these T&C are not acceptable to you, you are to immediately cease use of the Website and may not order any Services from us.

1.2 ALE may change, add or remove portions of this Agreement at any time, in its sole discretion and without notice or liability to You, but if it does so, it will post such changes on the Website. It is your responsibility to check the current T&C on the Website before each use of yours of the Website and before ordering any Services from Us or agreeing to provide Services for us as the case may be. If any changes to the T&C are unacceptable to You, You should immediately cease to use or view the Website and if you have ordered Services from Us or agreed to provide Services to Us, You must immediately notify Us of same in writing, notwithstanding that these Terms and Conditions shall continue to apply to your access of the Website until such time and shall also apply to any Services which you shall have requested from Us or agreed to provide for Us, as applicable, before our receipt of Your written notice. Your use or continued use of the Website and requesting/agreeing to provide Services of/to Us, now or following the posting of notice of any changes in this Agreement, will indicate acceptance by you of such then existing T&C as well as any changes, or modifications to them.

1.3 ALE may change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, database, service, product or content. ALE may also impose limits on certain features and services or restrict your access to the entire Website or parts thereof without notice or liability.

1.4 Your use of any products or services offered on or via the Website are subject, in addition to the terms hereof, to terms of use, terms and conditions, licenses and other provisions

particular to those products or services.

1.5 The Website may contain links to other Internet sites and resources. ALE is not responsible for the availability or accessibility of these outside resources, or their contents, including (but not limited to) issues of proprietary rights, copyrights, libel, defamation, breach of privacy, or fallacy with regard to such third-party resources. Any concerns regarding such external links should be referred to the administrator of such site.

1.6 ALE nor any of its subsidiaries, affiliates, successors or assigns are engaged in rendering legal, accounting, financial or other professional advice. If expert assistance is required, the personalized service of a competent professional should be sought. Persons using the Website when dealing with specific legal or financial matters should research original sources of authority. ALE is not responsible for any actions or inactions of other Website publishers linked to ALE’s Website, including but not limited to violations of intellectual property rights including copyright, trademark, trade dress as well as of privacy, government secrets or any other personal or proprietary rights of any individual or organization.

1.7 You acknowledge that We may retain the services of outside consultants (“Service Providers”) who will provide Services on our behalf.

1.8 Use of the Website is strictly prohibited to minors or any person under the legal age in his or her place of residence and in any case is prohibited to any person under the age of 18. By using the Website, you confirm and warrant that you meet these age requirements.

MEMBERSHIP

2.1 In order for you to become a client (“Client”) or Service Provider of ALE, you must first create your own profile and password on the Website. Your profile includes, but is not limited to, personal information such as your User name, your e-mail address, in the case of Service Providers – knowledge of languages, and general information You wish to disclose about yourself.

2.2 Upon successful registration, you become a Member of the Website (a “Member”). We reserve the right to suspend or terminate your Membership at any time, without notice, if We determine in our sole discretion that you breached these T&C and, in the case of clients, fail to make payment to us as due.

2.3 Client acknowledges and agrees that We are not liable for any loss or damage which may be incurred by You as a result of the Services, or as a result of any reliance placed by you or others on the accuracy or completeness of translations, editing or other Services provided to You by Service Providers.

2.4 So long as you comply with this T&C and you make all payments to Us when due, You are authorized to access the Website and order Services.

2.5 Service Providers may make copies of materials to which they receive access via the Website for their personal information and subject to their duty of non-disclosure and non-use.

2.6 The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any manner, including for creative work or to sell or promote other products.

2.7 By using this Website, You agree not to disrupt or intercept our electronic information posted on this Website or on any of our servers. You also agree not to attempt to circumvent any security features of our Website, and to abide by all applicable, local, state, federal and international laws.

MEMBER/USER REPRESENTATIONS AND WARRANTIES

3.1 You will only use the Website and the Services in a manner that is in accordance with this T&C and in compliance with all applicable laws and regulations.

3.2 Clients may not retain the services of Service Providers other than through us and may not negotiate fees for a project with any Service Provider.

3.3 By delivering content to us or Service Providers, You automatically grant, and You represent and warrant that You have the right to grant to us and Service Providers a license to use such content for purposes of performing the Services.

3.4 You will not communicate, publish or display to any other Member any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racial, or illegal material, including but not limited to nude photos of yourself or others, pornographic photos or images and any other type of unlawful or unacceptable material, as determined by Us at our sole discretion. We reserve the right to remove any such material from the Website without notice.

3.5 Illegal and/or unauthorized uses of the Website, including collecting Usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Website or by email or other means external to the Website, and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive relief.

3.6 In order to protect our Members from improper advertising or solicitation, and to maintain usage integrity on the Website, we reserve the right to restrict access by Members to all or certain elements of the Services on a per-action basis, all at our sole discretion from time to time.

3.7 You will defend, indemnify, and hold harmless, Us, our officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of the Website or Services, including any breach by you of the T&C.

3.8 We reserve the right but have no obligation, whether on the basis of complaints or on own initiative, to monitor any messaging or other activity and the materials posted in the public areas of the Website or communicated otherwise between the Client and Service Provider, and to review usage, activity or the content of any messages, materials or other interchanges which are otherwise posted, sent or transmitted via the Website.

3.9 Without prejudice to any of the aforesaid, Client hereby warrants it is the sole owner of all intellectual property rights in and to any materials submitted by it via this Website and hereby gives to us and Service Providers a license to use the submitted materials for the purpose of performing the Services.

3.10 You will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Website or the content contained therein without our prior written permission.

3.11 You acknowledge and agree that We disclaim all liability, regardless of the form of action, for the acts or omissions of other Members as well as unauthorized users, or “hackers” of the Website.

3.12 Although this Website is intended to be available for viewing worldwide, certain products or Services offered by ALE may or may not be approved for distribution in your country. WE CANNOT BE RESPONSIBLE FOR ACCESS TO THIS SITE UNDER THE LAWS OF ANY JURISDICTION. YOU ARE HEREBY ON NOTICE THAT YOUR ACCESS AND USE OF OUR WEBSITE IS AT YOUR OWN RISK, AND IMPLIES NO LIABILITY ON OUR PART.

PRIVACY POLICY

4.1 We use industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, as all security measures are subject to possible circumvention, we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties, acting unlawfully or otherwise, from obtaining information that you provide to us. We cannot and do not guarantee that any personally identifiable information provided to Us will not become public under any circumstances. You should appreciate that all information submitted on the Website might potentially be publicly accessible. We cannot ensure that your identity, telephone number, work or home address and other personal identifying or contact information will not be discovered by other users of the Website. Important and private information should be protected by you.

4.2 We may archive information, including personal information, You provide in the course of using our Services and any other aspects of the Website. We store that information on servers that are controlled by us or by third parties. Archived information may be erased and do not ensure that copies of materials will be retained notwithstanding our right to do so. We assume no obligation or guarantee to archive any information and do not warrant that any archived information will later be made available to You.

4.3 We may use personal information for auditing, research and analysis to operate and improve the Services we offer.

4.4 We may use the information You provide to offer you the opportunity to receive notices regarding ALE’s products or services. We may provide aggregate statistics about our customers, their recipients, sales, online traffic patterns and related information to reputable third parties without identifying characteristics of individual customers.

4.5 As part of offering and improving our services, we may use “cookies” to store and sometimes track information about our online customers and users. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies can make use of the web easier by saving status and preferences about a website. Some parts of our Website where you are prompted to log-in or that are customizable may require that you accept cookies.

  4.6 By giving ALE your personal identifying information, you grant ALE and its subsidiaries the right to use this information for reasonable business purposes and in manner consistent with the policies of ALE. Finally, if disclosure of any information is required by law or by an appropriate government authority, we will comply accordingly. By submitting your personal information you agree to receive emails from Aclang containing offers, promotions and developments that we think may interest you. You will be given the opportunity to unsubscribe on every email that we send

4.7 IN THE EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS OF YOUR INFORMATION OR DATA, ALE SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER OR BULK MAIL RECIPIENT, EVEN IF ALE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALE DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CLIENT SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

DISCLAIMER OF WARRANTY

5. The Website is provided on an “as is” basis without warranties of any kind, express or implied, including (but not limited to) warranties of title, merchantability or fitness for a particular purpose. ALE is not responsible or liable for the availability, accuracy or reliability of any information displayed at or downloaded from the Website by any entity. You acknowledge that you rely upon any such information at your sole risk.

COPYRIGHT NOTICE

6.1 No part of the Website publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, photocopying, recording or otherwise, without prior written consent of ALE. No patent liability is assumed with respect to the use of the information contained herein.

6.2 Any software that is made available to download or use from this Website (“Software”) is the copyrighted work of ALE and/or its affiliates or suppliers.

6.3 The Software is made available for use or download solely in accordance with the terms of the T&C. Any reproduction or redistribution of the Software without our prior written consent is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

6.4 All content on the Website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (together, the “Content”) are protected by proprietary rights and/or copyrights pursuant to Israeli, US and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Website (including software) in whole or in part, without receiving the prior written approval of ALE and of any third party holding rights in such Content or part of the Website. If you receive such approval, you must not delete or otherwise obscure any marks signifying proprietary rights and/or copyrights accompanying the published or reproduced materials.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY OUR PRIOR WRITTEN AUTHORIZATION.

FURTHER DISCLAIMER

7. IN NO EVENT SHALL ALE AND/OR ITS AFFILIATES OR RESPECTIVE SUPPLIERS OR ITS OR THEIR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT OR OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES OR FOR ANY OTHER REASON CONNECTED WITH THIS T&C.

NO UNLAWFUL OR PROHIBITED USE

8. As a condition of your use of ALE’s services, you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or by applicable law. You may not use the Services in any manner that could damage, disable, overburden, impair or interfere with any other party’s use and enjoyment of any of ALE’s products or services. You may not attempt to gain unauthorized access to any of ALE’s services, other accounts, computer systems or networks connected to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through ALE’s services.

CHOICE OF LAW; JURISDICTION; ATTORNEYS’ FEES

9. This Agreement will be governed by the laws of the State of Israel applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting in Jerusalem, Israel will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. ALE will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement or in successfully defending any claim by You.

MISCELLANEOUS

10. This T&C together with any written agreement entered into between us via the Website constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

TRADEMARKS

© 2015 ALE All product or service names mentioned herein or on the Website are or may be trademarks or registered trademarks of their respective owners. The products or services described in this document may be protected by Israeli and/or U.S. intellectual property law, rules and regulations.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY

 

AVRAHAM STAIMAN DOING BUSINESS UNDER THE TRADENAME ALE