TERM OF USE

Welcome to www.MobilitPro.com. Website.

The following terms and conditions govern your use of this Site owned and operated by Mobility in Cloud Ltd, an Israeli company, having its principal office at 6 Grinshpan st, Petach Tikwa (“MIC”).

By entering this Site browsing and using this Site, or downloading any Materials from it or using any services provided by or through it you agree that you have read and understood these terms and conditions and signify your agreement to be bound by them and to comply with all applicable laws and regulations regarding the use of this Site. If you do not agree to these Terms of Use or any subsequent modification, please do not access, browse or use this Site.

MIC reserves the right, at its sole discretion, to change, modify, add or remove any portion of our Policy in whole or in part, at any time and without notice. Your continued use of the Site after any changes to our Policy are posted will be considered acceptance of those changes. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with MIC or its subsidiaries or affiliates for other products or services.

Site access may not be available at all times. MIC reserves, at any time, the right to modify or discontinue, temporarily or permanently, this Site (or any part thereof) without notice. Your continued use of this Site after ANY such changes will indicate your acceptance of such changes. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MIC.

You agree that MIC, in its sole discretion, may terminate your use of this Site or any part thereof, at any time and for any reason, including, without limitation, if MIC believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions. You agree that any termination of your access to this Site and/or the Services under any provision of these terms and conditions may be effected without prior notice. Upon termination of these terms and conditions, your right to use this Site will immediately cease. MIC shall not be liable to you or any third party for any termination of your access to this Site or any part thereof.

Definitions

All capitalized terms contained herein shall have the meaning ascribed for then hereunder or as thereafter defined in this Terms of Use:

“Materials” or “Content” – any contents, materials, text, documents, forms, information, data, know-how, descriptions, listings (including, without limitation, product and/or services listings or descriptions), contact information, links, publications, presentations, massages, images, graphics, logos, symbols, design, drawings, graphics, pictures, icons, music and audio files, films and video files and other files of any kind, and the selection and arrangement thereof, other specialized content, data and any other information provided from or on MIC’s Websites and/or uploaded thereto, including all software, products, and services included or listed in, or available through, the Website, and other features, as applicable.

“Products” – All the products offered by MIC or available for purchase from MIC through this Website.

“Service” – All the services and information granted or available at the Website.

“Site” or “Website” – This web site and any other web sites owned, operated or sponsored by MIC or any of MIC’s subsidiaries or affiliates on the world wide web of the Internet including microsites, mobile websites or mobile applications.

“Terms of Use” or the “Terms” – All terms, conditions, and notices contained or referenced herein.

“User” or “you” – each person, persons or entity who establish a connection to or access the Site or the Service.

Content Uploaded by User

MIC does not want you to, and you should not, send any confidential or proprietary information to MIC via this Site.

By uploading Content to the Site, you agree and declare as follows:

1. Represent that you own or have secured all rights, title, and interest in the Content.
2. Represent that you have obtained express permission from everyone who took, or is appearing in, your Content.
3. You may not misrepresent yourself or the origin of any content you submit via the Site by, for example, providing false names, contact information or other personal identifying information.
4. Represent that you will not submit Content that (a) violates the rights of others (such as copyright, trademark, or right of publicity); (b) is false, misleading indecent, obscene, harassing, inappropriate, or illegal; (c) features anyone under the age of 18; (d) features partial or full nudity or alcohol/drug use; (e) violates the intellectual property, privacy or other right of another; (f) constitutes a commercial, political or personal solicitation; or (g) may contain any form of malicious software (e.g., viruses, worms, malware, or other destructive code).
5. Acknowledge that you will not be compensated in any way for our use of your Content.
6. Represent that you understand that we may retouch, edit or otherwise alter Content (such as photos) without your ability to inspect or pre-approve.
7. It will be treated as non-confidential and nonproprietary and may be disseminated or used by MIC for any purpose
8. Any submission by you becomes the property of MIC and you grant MIC the authority and right to use that information.
9. By sending MIC materials or information, you grant MIC an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material or information and you further agree that MIC is free to use any ideas, concepts, know-how or techniques that you provide for any purpose.

Intellectual Property

You acknowledge and agree that all Content available on this Website is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights, laws and treaty provisions. All copyrighted and copyrightable materials on this Website, including, without limitation, the Content (the “Copyrighted Materials”), are MIC’s intellectual property, proprietary to MIC, and are copyrighted, ALL RIGHTS RESERVED to MIC and/or third-party licensors.

Except as stated herein, none of the Copyrighted Materials may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise.

The sole exceptions of these restrictions are that you either received the prior written consent of MIC or the respective copyright owner; and, the authorization granted hereby to print or download one copy of the materials or content on this Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

The trademarks, service marks and logos used and displayed on this Site are registered and unregistered trademarks and service marks of MIC and others. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any MIC trademarks, service marks or logos used or displayed on this Site without the prior express written permission of MIC. When used with MIC’s permission, all trademarks must be identified as trademarks of MIC using the appropriate symbol (e.g.,™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

MIC’s technology, Products, Services, and Materials may be protected by one or more United States, Israeli, and/or international patents or patents pending.

Restrictions on Use

User shall use the Website and/or Service for lawful purposes only, and in accordance with this Terms of Use.

MIC provides users of this Site with access to certain content concerning MIC and its Products, Services and Materials. The Products, Services and Materials may be protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. MIC and its licensors retain all title to copyright in the Products, Services and Materials, as applicable, and nothing on this Site shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication or otherwise to such Products, Services or Materials. Except as stated in these terms and conditions, you may not reproduce, edit, modify, display, distribute or make any other use of the Products, Services, or Materials in any form or by any means without MIC’s prior written consent.

MIC grants you permission to download the Materials posted on this Site solely for informational use, provided that you do not modify such Materials and provided further that you retain all copyright and proprietary notices as they appear in such Materials, as applicable.

MIC’s permission as aforesaid is revocable, non-exclusive and limited to make personal use only of the Website, and does not include, without limitation:

1. Any commercial and/or derivative use of the Website or any Materials included therein; and/or
2. The collection, gathering and use of any Materials or any part thereof; and/or
3. Any right or license, express implied or otherwise, other than the rights specifically listed and defined above, nor any right under any patent, trademark, copyright, or proprietary right of MIC or any third party.

Any unauthorized use of this Website will automatically terminate the permission granted by these Terms of Use, and, further, may violate applicable laws and/or third party rights.

Links to Third Party Sites

The Site may contain links to one or more external websites or resources operated by third parties (“Links”). MIC will assume no responsibility for such links and the links to any website does not constitute a recommendation thereof. The links are intended only for the convenience and information of the Users. In addition, certain third parties sites also may provide links to the Site. None of such links should be deemed to imply that MIC endorses the third parties sites or any content therein. MIC do not control and are not responsible for any third parties sites or any content, advertising, products, or other materials on or available through such third parties sites. Access to any third parties sites is at your own risk.

MIC reserves the right to terminate a link to a third party web site at any time.

If a third party links to MIC’s Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with MIC. In most cases, MIC is not aware that a third party has linked to its Website.

Rules of Conduct

Should you submit material to any of our servers, for example, by email or via MIC’s Web pages, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features, and any spyware, Trojan Horses ant other tracking software or devices, before submitting any material; and (c) you agree not to take action against MIC in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit.

MIC expects users of this Site to respect the rights and dignity of others. Your use thereof is conditioned on the fact that you will not: (i) transmit or otherwise make available in connection with this Site anything that is or may be threatening, harassing, degrading, hateful, or intimidating, defamatory, fraudulent or tortuous, obscene, indecent, pornographic, or otherwise objectionable, or protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right; (ii) intercept or attempt to intercept electronic mail not intended for you; (iii) use this Site for any fraudulent or unlawful purpose; or transmit or otherwise make available in connection with this Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities; (iv) transmit or otherwise make available any material, non-public information without the proper authorization to do so; (v) interfere with or violate any other site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Site without their express consent; (vi) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vii) impersonate any person or entity, including, but not limited to, any MIC agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make, without MIC’s prior written consent; (viii) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, easter egg, time bomb, web bug, cancelbot, “spyware” 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; (ix) interfere with or disrupt the operation of this Site, or the servers or networks that host this Site or make this Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (x) restrict or inhibit any other MIC-authorized person from using this Site, including by means of hacking or defacing any portion of this Site; (xi) transmit or otherwise make available in connection with this Site any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, investment opportunities or any other form of solicitation; (xii) sell, license, or exploit for any commercial purposes any use of or access to the Products, Materials, Services, or this Site; (xiii) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Materials or this Site; (xiv) frame or mirror any part of this Site without MIC’s prior express written authorization; (xv) use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine; (xvi) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over this Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on this Site); or (xvii) create a database by systematically downloading and storing all or any of the information presented on this Site.

You understand and acknowledge that you are responsible for whatever content you submit, and you, not MIC, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of this Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to this Site. You shall remain solely liable for any Content you upload or transmit to this Website, and shall indemnify and hold harmless MIC from and against any and all claims, actions or demands whatsoever (whether arising in contract, tort or otherwise, including negligence of any degree, and strict liability), loss, expense, damages or liability, made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party.

MIC reserves the right, but does not assume any responsibility to remove any material posted on this Site which MIC, in its sole discretion, deems inconsistent with the foregoing commitments, including any material MIC has been notified, or has reason to believe, constitutes a copyright infringement. However, MIC can neither review all material before it is posted on this Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, MIC assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. MIC reserves the right to take any action it deems necessary to protect the personal safety of users of this Site; however, MIC has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. . In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect MIC’s systems and customers, or to ensure the integrity and operation of MIC’s business and systems, MIC may access and disclose any information it considers necessary or appropriate (including, without limitation, name, e-mail address, IP addressing etc.) and posted Content.

Your failure to comply with the provisions set forth herein may result in the termination of your access to this Site and may expose you to civil and/or criminal liability.

Material Disclosure

The use of this Website and the access to information through it are services granted to the Users for their own personal use and convenience. In some of MIC Websites affiliated with commercial transactions that you or your business may have with MIC, particularly those which are password-protected or subject to subscriptions, said Services are granted as per your request and following your subscription thereto. All the Contents presented or included in this Website shall not be deemed nor considered as any obligation, admission, acknowledgement, declaration, statement or representation on behalf of MIC and shall not obligate MIC in any manner whatsoever. Any such Content shall not serve as evidence against MIC in the frame of any legal proceedings of any nature and any submission of such Content to any third party, including any legal instance, is hereby forbidden and shall have no effect whatsoever. In addition and without derogating from the above, it is hereby clarified that the User of this Website shall be responsible for any use of it, and MIC ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER, AND ANY USER SHALL HAVE NO RECOURSE AGAINST MIC FOR, ANY EXPENSE, LOSS OR DAMAGE (INCLUDING LOSS OF USE AND/OR PROFIT AND INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES) SUFFERED BY ANY USER OF THE CONTENT CONTAINED ON THIS WEBSITE AND/OR IN RELATION THERETO, for any reason whatsoever. Without derogating from the generality of the above, MIC does not guarantee the correctness, accuracy, completeness and the keeping up-to-date of any Content contained in this Website.

Any forward looking Materials, information, advice, statements with respect to the MIC’s and/or any of its subsidiaries’ and/or any of its affiliate’s business, financial condition and results of operations included in this Site are subject to risks and uncertainties that could cause actual results to differ materially from those contemplated in such forward looking statements, including, but not limited to, product demand, pricing, market acceptance, changing economic conditions, risks in product and technology development and the effect of the MIC’s and/or any of its subsidiaries’ and/or its affiliate’s accounting policies, as well as certain other risk factors which are detailed from time to time in MIC’s and/or its subsidiaries’ and/or its affiliate’s filings with the Securities and Exchange Commissions.

Limitation of Liability; Warranties and Disclaimers

The contents are provided on an “as is” or “as available” basis. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. MIC does not represent or warrant that the Materials in this Website are accurate, reliable, complete, correct, up-to-date, current or error-free; that the content is free from changes caused by third party; that your access to the Website will be free from interruptions, errors, computer viruses or other harmful elements; that this Website will be available at any particular time or location; that any defects or errors will be corrected; and/or that the Website or its server(s) and Content is free of viruses, spyware or other harmful components. MIC is not responsible for typographical errors or omissions relating to pricing, financial and other data, text, or photography and has no duty or liability to correct or update any Content. . MIC reserves the right to revise or make other changes to said pages at any time. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. MIC does not warrant or guarantee any advice or information granted through the site and assumes no liability, with respect to such information or advice or its accuracy. You acknowledge and understand that the information and Materials presented on this Site should be used for general informational purposes only and not for legal or operational planning or other purposes. Also, MIC cannot assume any responsibility for updating or correcting any such information or advice once it has been given, nor does the provision of information or advice create, expand, or alter any warranty with respect to the sale or licensing of Products.

THE USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS SOLELY AT YOUR OWN RISK. MIC shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions related to the Services or Materials available or not included in the site; (b) the unavailability or the interruption of the Services or Materials; (c) your use of the Services or Materials (regardless of whether you received any assistance from MIC in using such Services or Materials); (d) the content of the Services or Materials; or (e) any viruses, spyware, Trojan Horses or other harmful components.

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL MIC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), AND INCLUDING, FURTHER, ANY LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR INFORMATION, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OF ANY DEGREE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY OTHER SITE TO WHICH THIS WEBSITE IS LINKED, OR ARISING OUT OF THE USE OF THE PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR CONTAINED IN, OR ACCESSED THROUGH, THIS SITE AND/OR IN CONNECTION WITH ANY OF THE FOREGOING, REGARDLESS OF WHETHER MIC OR AN AUTHORIZED MIC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MIC’S SITE RESULTS IN YOUR NEED TO SERVICE, REPAIR OR CORRECT EQUIPMENT OR DATA, YOU ASSUME THE COSTS TO THE EXTENT THE LAW ALLOWS. THIS LIMITATION APPLIES EVEN IF MIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, MIC’s liability in such jurisdictions shall be limited to the extent permitted by law. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST MIC.

General

Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Tel Aviv-Jaffa, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniences and agree that process may be served in a manner authorized by applicable law or court rule. If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, are the entire terms and conditions between you and MIC relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and MIC with regard to use of this Site. Notices to you may be made via email or regular mail. Without limitation, you agree that a printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Information

All requests for further information should be directed to: [email protected]