Welcome to https://www.buyitinisrael.com/ (the “Site”). The Site is owned and operated by Ms. Deborah Goldfischer, d/b/a/ Buyitinisrael (“Buyitinisrael”, “Us”, “Our”, and/or “We”), and its related entities. Buyitinisrael provides quality content related to the real estate market in Israel (collectively, with all other services provided through the Site, the “Services”). The following terms (the “Terms”) stipulate the terms and conditions of your use of the Site and Services.
References to “you” and “your” refer to you, a user of our Site and/or Services. Depending on how you choose to use the Site and Services, you may also be referred to herein as a “Member”, as further explained below.
1. Important Disclaimer
Third-Party Information and Materials. ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. BUYITINISRAEL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING YOUR CONTENT AND THIRD-PARTY MATERIALS (each as defined below). Buyitinisrael is not responsible for your relationship with any third-party service provider, broker, contractor, designer, or other users of the Site or Services. BUYITINISRAEL IS NOT OBLIGATED TO SCREEN THIRD-PARTY AFFILIATES OR THEIR PRODUCTS, CONTENT, OR OFFERS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR PRODUCTS, INGREDIENTS, INFORMATION OR ANY OTHER THIRD-PARTY MATERIALS (AS DEFINED BELOW) THAT THEY PROVIDE. FOR THE AVOIDANCE OF DOUBT, THE ABOVE DISCLAIMER AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10, OR ELSEWHERE IN THESE TERMS.
2. Proprietary Rights
Any and all trademarks, service marks, product names, and trade names of Buyitinisrael appearing on or through the Site and the Services and all content included in or made available through the Site and the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, plugins, and software, including, without limitation, the “Mas Rechisha” calculator, are exclusively owned by Buyitinisrael or its affiliates or licensed thereto. All other trademarks, service marks, product names, logos, and content appearing on or through the Site and the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Site and the Services without the owner’s prior written consent. Buyitinisrael retains sole and exclusive ownership of all rights, title, and interests in the Site and the Services and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Site and the Services and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter.
3. License and Access
3.1. Subject to your compliance with these Terms, Buyitinisrael or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and Services. This license does not include any resale or commercial use of the Site and/or Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
3.2. We may from time to time provide updates or upgrades to the Services or offer additional features or capabilities, but are not under any obligation to do so. We will make reasonable efforts to notify our existing Users of the effect of any such modification and offer you the opportunity to subscribe or acquire such additional services, as applicable.
3.3. We reserve the right to reasonably manage, modify, or discontinue any portion or feature of the Services, at our sole discretion, at any time, for any or no reason. While modifications are a customary function of internet platforms that strive to develop and improve their services, if our modification results in the termination of any Services you’ve purchased, we will refund any prepaid fees for the unused portion of discontinued Services (on a pro-rata basis for Subscription Services).
3.4. All rights not expressly granted to you in these Terms are reserved and retained by Buyitinisrael or its licensors, suppliers, publishers, rightsholders, or other content providers.
3.5. Neither the Services, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Buyitinisrael. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Buyitinisrael without express written consent. You may not use any meta tags or any other “hidden text” utilizing Buyitinisrael’s name or trademarks without the express written consent of Buyitinisrael. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The licenses granted by Buyitinisrael terminate immediately if you do not comply with these Terms. You must be at least thirteen (13) years of age to access the Site and Services or to use any Site functionality.
3.6. In order to use certain features of the Site (e.g., to use the Services), you may need to register for an account with Buyitinisrael (the “Account”) and you may be required to be logged in to the Account and have a valid payment method associated with it. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information at all times. You may not create more than one Account. Buyitinisrael reserves the right to refuse service, terminate accounts, terminate your rights to use the Site and Services, remove or edit Your Content in its sole discretion. You may delete your Account at any time, for any reason, by sending an email to [email protected], which includes your Account username and your request to delete your Account. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Buyitinisrael of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Buyitinisrael cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. User Content
You may be able to post reviews, comments, photos, videos, and other content on the Site (“Your Content”); and submit suggestions, ideas, comments, questions, or other information, so long as Your Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Your Content. Buyitinisrael reserves the right (but not the obligation) to remove or edit Your Content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Buyitinisrael a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display Your Content throughout the world in any media. You grant Buyitinisrael and sub-licensees the right to use the name that you submit in connection with Your Content if we so choose. You represent and warrant that you own or otherwise control all of the rights to Your Content; that Your Content is accurate; that use of Your Content does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Buyitinisrael for all claims resulting from Your Content. Buyitinisrael has the right but not the obligation to monitor and edit or remove any activity or content. Buyitinisrael takes no responsibility and assumes no liability for any content posted by you or any third party.
5. The Directory
One of the features offered on the Site is a directory of English-speaking real estate professionals in Israel (the “Directory”). The members of the Directory (“Members“) are carefully selected, eligible local real estate professionals. You understand and agree that the Members who appear on the Directory are not employed by Buyitinisrael. Buyitinisrael is not responsible or liable for any acts or omissions created or performed by the Members, including without limitation, as a result of any agreement entered into between you and such Member or any service performed thereby. As owners of the Directory, we understand that the quality of our Members is key. Therefore, we make an effort to accept only those real estate professionals, who are qualified and experienced in their field of practice, with a special affinity for the English-speaking market, to be listed in the Directory. While we make commercially reasonable efforts to vet each Member before approving their membership, this is not an exact science and BUYITINISRAEL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, REGARDING THE MEMBERS, OR THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THEIR SERVICES PROVIDED TO YOU OR THEIR CONTENT DISTRIBUTED THROUGH OUR WEBSITE.
6. Member-Specific Terms
6.1. Membership of the Directory is granted to eligible individuals only (i.e. membership will not be granted to a company representing a group of individuals). An eligible individual is one who (cumulative): (i) provides a professional service relating to real estate in Israel; (ii) To the extent applicable, holds valid licensing/certification required in Israel in his/her field of practice: (attorneys must be current members of the Israeli Bar Association, Real Estate Agents and Appraisers must hold a valid license from the Israeli Ministry of Justice, Architects and Engineers must hold valid certification from the Israeli Ministry of Labor, Social Affairs and Social Services); (iii) maintains a high level of English proficiency to communicate effectively in conversation and in writing; and (iv) has paid annual Directory membership fees, and other service fees, to the extent relevant. For the avoidance of doubt, except as expressly set forth herein, Directory membership fees are non-refundable.
6.2. If you are a Member, you hereby represent and warrant that you have all the rights and licenses required to provide your professional services in Israel and that you will ensure all such licenses and approvals remain current for as long as you retain your membership with the Directory. You will immediately notify Buyitinisrael if your professional status changes.
6.3. Members are invited to submit content (articles, op-eds), to be published on the Site (“Member Content”). If you are a Member, you hereby represent and warrant that all Member Content will be original, non-infringing content that is unique to the Site (i.e. not published anywhere else), and relate to your specific field of practice, that you own or otherwise control all of the rights to the Member Content; that the Member Content is accurate; that use of the Member Content does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Buyitinisrael for all claims resulting from the Member Content. Buyitinisrael takes no responsibility and assumes no liability for any Member Content posted by you.
7. Third-Party Interactions and Materials
During use of the Site or Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, sellers, or sponsors showing their products and/or services through the Services. In particular, Buyitinisrael is not a party to any transaction that you may enter into with a third party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, are solely between you and the applicable third party. Buyitinisrael shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services. You acknowledge that parties other than Buyitinisrael may submit content through the Site and Services. In addition, we may display, include, or make available third-party content or contain links to third-party websites, services, and advertisements for third parties, including pricing, product names, and product descriptions (the “Third-Party Materials”). If you purchase any of the Third-Party Materials, you are purchasing directly from those third parties, not from Buyitinisrael. You acknowledge and agree that Buyitinisrael is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Buyitinisrael does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
You agree to indemnify and hold Buyitinisrael (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs, and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) Your Content, (iii) your violation of these Terms; or (iv) your violation of applicable laws or regulations. Buyitinisrael reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Buyitinisrael. Buyitinisrael will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
THE SITE, THE SERVICES, AND THE DIRECTORY, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND THE SERVICES ARE PROVIDED BY BUYITINISRAEL ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. BUYITINISRAEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICES, AND THE DIRECTORY, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE SERVICES, AND THE DIRECTORY IS AT YOUR SOLE RISK. BUYITINISRAEL ATTEMPTS TO BE AS ACCURATE AS POSSIBLE. HOWEVER, BUYITINISRAEL DOES NOT WARRANT THAT THE CONTENT ON THE SITE, THE SERVICES, AND THE DIRECTORY IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUYITINISRAEL (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUYITINISRAEL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
11. Term and Termination
Subject to this Section 11, these Terms will remain in full force and effect while you use the Site or Services. We may (i) suspend your rights to use the Site and/or Services (including your Account); or (ii) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of these Terms or, if you are a Member, failure to timely pay your membership fees, or, if applicable, any license you are required by law to maintain in order to provide the services, expires or is no longer in force. Upon termination of these Terms, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of Your Content associated therewith from our Site, Services, and live databases. Buyitinisrael will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of Your Content. All terms and provisions of these Terms, which by their nature are intended to survive any termination or expiration of these Terms, will so survive.
We may amend these Terms at any time at our sole discretion. If we do so, we will post the modified Terms on the Services. The modifications will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. These Terms constitute the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Buyitinisrael of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Buyitinisrael. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Buyitinisrael’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees. Any claim relating to the Site or the Services or these Terms shall be governed by the laws of the State of Israel, without regard to its conflict of law provisions.