Terms of Use

Welcome to Get409a's website http://www.get409a.com ("the website"). Prior to using the website or viewing its content, you are requested to read these terms of use carefully. The website and its content are owned and operated solely by S-Cube Financial Consulting Ltd., an Israeli limited liability company ("S-Cube").
The website serves to introduce S-Cube and its services to the website's users.

 

Agreement between the user and S-Cube

These terms of use constitute the exclusive legal basis for any litigation proceeding relating to the use of the website or any other related matter between the user and S-Cube or any representative thereof.
Using the website or its services indicates that the user has read, understood and fully accepted all provisions of these terms of use.
Any right not expressly granted to user in these terms of use is reserved to S-Cube.
These terms of use are personal: duties or rights created herein are inalienable.

 

Using the Website

The exact URL address of the website must appear in the browser's address bar in the user's interface. The user shall not change, hide or replace this URL address.
The user does not acquire any right in any component of the website's and / or in related copyrights and / or other rights incorporated into, or any rights related to the website. The user acquires a license to use the Website as detailed in these terms of use only. Any use of the website or its content by the user is prohibited unless explicitly stated otherwise in these terms of use.

 

License to use S-Cube

The user is granted a nonexclusive license to use the website and to view its content for general knowledge only in order to get general impression of the services S-Cube provides and consider contacting S-Cube to inquire further as to its services. The content of the website does not constitute a professional opinion, thus the user may not use the website or rely on its content in order in order to take any decision whatsoever.

 

License limitations and restricted use

The user shall not transfer, assign, sell, resell, lease, sub-license, share, transfer or otherwise alienate his or her license to use the website to a third party.
The user undertakes not to make any use that infringes any Intellectual Property Right or other proprietary right of S-Cube.
The user undertakes not to make any use contrary to these terms of use.
The user undertakes not to use the website in a manner that might hinder or stop the regular functioning of the website, or impair other users' experience within the website. Also, the user undertakes to refrain from obtaining or trying to obtain data or material from the website in any means other than those made available by S-Cube for the website users.
The user undertakes to refrain from collecting or trying to collect data concerning other users of the website.
Penetrating the computer system of the website constitutes a felony under Israeli Law.

 

User's representations and warranties

The user represents and warrants the following:

a. The user will not, and has no intention whatsoever to, use the website or its content to infringe any intellectual property rights of S-Cube including, but not limited to, copyright or trademarks.
b. User represents that the use of the website will not constitute a violation of any law, rule, regulation, court decision or any agreement to which the user is bound.
c. User represents that he will not, and has no intention whatsoever to, use the website or its services to perform any illegal, tortious or otherwise offensive activity.
d. User represents that the website and its content are provided "as is" and S-Cube disclaims any warranty thereto and will not be liable for any damage caused due to reliance of user on any information or content available in the website.

 

The availability of the website

Although S-Cube attempts to ensure uninterrupted service of the website, it does not warrant the nonoccurrence of interruptions or distractions to the website regular service. S-Cube will not be liable for any damage, direct or indirect, that may be caused to the user due to such service interruption.

 

Intellectual property rights

All intellectual property rights over the website and its contents, including any software incorporated therein, articles, audio or video files, the website's design, pictures, graphic files, applications, source code, text, and / or any other material or data, belongs to S-Cube or to a third party that has authorized the use on the website.
It is prohibited to copy or duplicate in any manner, fully or partially, make available to another, make available to the public, spread, perform in public, transfer to public domain, alter, process or create a derivative product, sell or rent any part of these contents, in whatever instrument or medium without being granted an explicit license to do so from S-Cube and / or the owner of that content.
Any use of the trademarks and logos that appear in the website is prohibited without prior written authorization given from S-Cube.
The user undertakes not to infringe in any way S-Cube's copyright or intellectual property rights whether directly or indirectly.
The user undertakes not to make any use, directly or indirectly, of a trademark used in the website, unless he obtains prior written consent from S-Cube.
Any use infringing the copyrights and / or intellectual property rights owned by S-Cube or by a third party as detailed in these terms of use, constitutes sufficient grounds for S-Cube to refuse to provide the user with service, without prior notice. The user will bear all the costs and expenses caused to S-Cube and / or its customers and / or its suppliers and / or to the user himself due to this infringement and / or due to the refusal to provide the user with service, without prejudice of any other relief S-Cube is entitled for whether by power of the law or by power of contract.

 

Limitation of liability

S-Cube shall not be responsible and / or liable for actions of the user, including, but not limited to, any reliance on the content of the website.
S-Cube shall not be liable towards the user in any event where the user, his representative or his agent were incapable of viewing the website including, but not limited to, an event where the computer or any other end device or program installed thereon, are not compatible with or fail to meet the technical requirements for the use of the website. It is exclusively the user's duty to ensure the compatibility of the end devices, thus he waives any claim based on absence of such compatibility.
The website may contain links to other websites. Those websites are not controlled by S-Cube. Therefore S-Cube bears no liability as to their content. In any event, and where liability is mandatory, liability shall be limited to ten US Dollars ($10).

 

Indemnification

The user will compensate and indemnify S-Cube, its employees, managers, agents, licensees, colleagues and partners for any claim, law suit, damage, loss, loss of profit, payment, expense, including any interest payment, legal fees and reasonable counsel fees, that might be caused to S-Cube and / or its representatives, resulting from the user's breach of or non-compliance with these terms of use, his warranties, representation, undertakings given herein, and / or with duties under the law and / or breach of third party rights and / or failure to meet his or her legal duty. Such indemnification shall not prejudice any legal relief S-Cube is entitled to.
The user hereby confirms that the above duty of indemnification will be valid regardless of whether S-Cube is an official party to related legal proceedings, and it will survive these terms.
Without any prejudice of the aforesaid, the user will indemnify S-Cube immediately after receiving a written demand to do so.

 

Privacy Policy

S-Cube cares about the privacy of the users of the website. Its policy regarding data collection, data use and data protection is detailed hereby.
Data collection: During use of the website, the user can choose to provide certain information, which might include, among others, name, address, e-mail address. In addition, technical information might be collected, such as IP addresses of computers that were used to visit the website, and "cookies" might be stored at the user's browser. Such collection of data is meant to improve the user's use of the website and allow S-Cube to contact him upon his request.
Data protection: The website respects the privacy of the users and uses advanced security measures to keep the data provided by the users secure. Nevertheless, and despite these efforts, there is no absolute certainty that the data will not be exposed to third parties in the event of hacking the website or any other unauthorized access to the user's data. The user acknowledges that S-Cube will bear no liability whatsoever and waives any claim against S-Cube in any such event.
Use of data: S-Cube undertakes using the users' personal details pursuant to these terms of use only. The website will use the stored data to improve the users' browsing experience in the website and to contact users upon their request.
Data transfer to third parties: S-Cube will not transfer a user's data to third parties unless in in the following events only:
- S-Cube is obliged to do so under judicial order.
- S-Cube and the user become opposing parties in legal proceedings.
- The user breached the website's terms of use, and such transfer of data is necessary for S-Cube to enforce its rights.

 

Changing these terms of use

S-Cube will act to update the user concerning any change in the terms of use through a notice in the website. The notice will include the amended provisions, or make reference thereto. However, it is the exclusive responsibility of the user to keep informed if any changes in the terms of use took place.

 

Conflict resolution, choice of law and choice of forum

These terms of use will be construed and governed by the laws of the State of Israel.
The parties agree to try and resolve every dispute that might arise between them, including disputes concerning the use of the website and / or these terms of use, the website's privacy policy and / or concerning the services provided by S-Cube, through direct negotiations. In case the parties fail to resolve the dispute through such negotiations, they will resort to arbitration. The arbitrator will be an Israeli attorney whose field of expertise is Internet and electronic trade law. The arbitrator's identity will be determined by the President of the Israeli Bar Association and following the request of either party.
The arbitration will be held in Tel Aviv, Israel.
The arbitrator shall have the power to issue injunctions.
The arbitrator will not be bound by evidentiary law and substantive law.
The arbitrator will be obliged to set forth the grounds for his or her final decision.
This section constitutes an arbitration agreement between the parties in accordance with the Israeli Arbitration Act 1968.
Without prejudice of the aforesaid, in any matter that is not within the arbitrator's competence, or in any instance where this arbitration agreement shall not be in force, the local jurisdiction / venue in matters concerning this agreement's validity, interpretation and / or breach thereof will belong exclusively to the competent court in Tel Aviv, Israel and will be governed by Israeli law.
Before the arbitration proceeding begins, the arbitrator will disclose to the parties all the relevant information concerning his or her direct or indirect relationships with either party and / or interested party and /or entities related to the parties, if any. After hearing the parties reservations in this matter and as to his or her ability to objectively decide in the arbitration, the arbitrator will be the competent party to decide whether he or she will continue to hold the arbitrator's position.
The user explicitly agrees to the aforesaid choice of forum clause, and waives any right to oppose the determination of the competent court pursuant to this agreement, including not raising a Non Convenience Forum claim or any other claim.
Shall S-Cube be sued by a third party, in any legal proceeding, based on the user's act or failure to act, S-Cube will be entitled to join the user as a party to that proceeding, and the above arbitration agreement will be suspended.
The registration in the website's computer databases regarding activities done within the website shall be a determinant evidence for such activities.
The use of the website is prohibited in jurisdictions that do not grant full validity to all covenants of these terms of use.

 

Admissibility in legal proceedings

A printed version of these terms of use and to every message delivered in electronic manner will be admissible evidence in legal or administrative proceedings, based or related to these terms of use, to a similar extent as business records originally produced and saved in physical form.

 

Interpretation of these terms of use


Since the internet is a rapidly changing medium, the user agrees not to construe these terms of use narrowly against S-Cube. Any right that has not been explicitly granted to the user is reserved to S-Cube.

 

Contact

Self-identifying users are welcome to contact S-Cube for every clarification concerning the website or these terms of use. S-Cube will provide them with a response in the earliest possible convenience. S-Cube's contact options are as follows:

650-492-4345