Terms of Use

Welcome to the website www.continuitysoftware.com (the “Website“), operated by Continuity Software Ltd. (the “Company“). Access and use of the Website are subject to the following terms and conditions (the “Terms of Use“).

Please read carefully the Terms of Use as your use of the Website constitutes your consent to the Terms of Use without reservation or limitation. The Terms of Use define the relationship between the Company and the individual visiting and/or watching and/or making use in any other way of the Website or the information contained herein (the “User“). The Terms of Use make use of the masculine pronoun for convenience sake only and relate to men and women alike.

Who are we?

The Company is the leading provider of service availability risk management solutions, providing a suite of software products and related services to organizations worldwide.

General

The Website, including all the information that appears therein, is offered to the public “as-is”. While the Company intends that all the information on the Website will be correct and accurate, there is a possibility that the information is incomplete or not updated and alternatively there is a possibility that technical or other errors occurred. The Company will not be held responsible for omissions, errors, lack of updates, or imprecision of the information presented. The Company hereby claims that the information contained in the Website is for general and informative purposes only and is not a recommendation and/or opinion and/or an offer to purchase any product or any other service of the Company, and therefore the User is aware of and agrees that any reliance on figures, declarations, opinions, advice, or any other information presented on the Website is done according to the User’s discretion and under his sole responsibility. There is a possibility that part of the information originates from third parties; it is hereby understood that, without derogating from the aforestated above, the Company is not responsible for this kind of information and the Company does not guarantee the correctness of this information. In the event of a discrepancy and/or contradiction between the information on the Website and the information existing in the Company’s existing documents, including information conveyed by the Company’s employees, whether in writing or orally, the information at the Company’s offices, in its official documents, or information conveyed by the Company’s authorized employees shall be deemed true.

Copyright and Privacy

The Website and the content contained therein including the Website design, drawings, diagrams, illustrations, photographs, pictures, text, graphics, etc. (the “Information“) are protected by the copyright laws of the State of Israel, international treaties, and copyright laws in other countries. The Information is the property of the Company or third parties that allowed the Company to publish the copyrighted Information on the Website. The User must not change, copy, publish, distribute, broadcast, present, photocopy, issue a license, produce derivative works, or sell any part of the information contained in the Website without the explicit written consent of the Company provided in advance. The User acknowledges the existing copyrights in the Information and undertakes not to make any commercial use of the Information or change or alter the Information or any part thereof.

The Website’s Privacy Policy constitutes an integral part of the Terms of Use. By using the Website and its services, the User acknowledges his acceptance of the Terms of Use.

Links

The Website may include links to internet websites that are not operated by the Company. These links are intended for the User’s convenience only and the Company has no control over these internet websites and it is not responsible for the content contained on these websites. The inclusion of links to other websites does not attest to the Company’s support of the content of these websites nor any other connection to these websites or their operators. The Company is not responsible for the proper functioning of the links. The Company is entitled at its own discretion to remove any link from the Website and/or add additional links.

User’s Obligations

The User hereby undertakes to make use of the Website in good faith and in accordance with the provisions of these Terms of Use. Without derogating from the aforesaid, use of this Website will be made according to applicable law and the Company’s and/or its representatives’ instructions and the User hereby declares and undertakes that he will refrain from using the Website to harm the Company and/or any third parties. Entering and using the Website and performing activities on the Website attest to the User’s consent and his undertaking to act or refrain from acting in the following manner:

  1. By entering the Website the User hereby agrees to all of the provisions of the Terms of Use above and hereunder.
  2. The User undertakes not to upload, retrieve, transmit, distribute, or publish information or any other material that might limit or prevent others from using the Website.
  3. The User undertakes not to make commercial use of the Information. The right to use the Information is granted for the personal and private use of the User. The Information may not be used for commercial purposes or making profit and the User is not permitted to allow its use by any third parties, whether for consideration or for no consideration. It is hereby clarified that no use may be made of the Information published on the Website for the purpose of presenting it on the internet and/or any other kind of service without receiving the Company’s consent in writing and in advance and subject to the terms of such consent, to the extent that such consent is given. The User undertakes not to store Information using different kinds of software or distribute Information published on the Website in public in a commercial manner or commercial venue or for any other purpose. The Website may not be presented with a different design or graphic interface than the ones set out by the Company; such presentation is subject to the Company’s consent in writing and in advance and the Website should not be presented in a manner that diminishes in any way the content contained thereof.
  4. The User undertakes not to upload, retrieve, transmit, distribute, or publish any information or other materials that may encourage, endorse, motivate, or assist another person to commit unlawful acts or that might lead to illegal liability.
  5. The User undertakes not to upload, retrieve, transmit, distribute, or publish information or any other material containing a virus or any other software that might harm computer systems.
  6. The User undertakes not to upload, retrieve, transmit, distribute, or publish information or any other material that may breach another person’s or entity’s property rights including intellectual property rights, privacy rights, and/or any other property right.
  7. The User undertakes not to upload, retrieve, transmit, distribute, or publish information or any other material containing any kind of advertisement without the Company’s explicit permission.
  8. The User undertakes not to upload, retrieve, transmit, distribute, or publish information or any other material whose publication or use is not permitted due to its being of a threatening, harmful, insulting, libelous, defamatory, slanderous, racist, or pornographic nature or any other vulgar form of expression, all of which may be determined to qualify as such by the Company, even after the fact, at its sole discretion.
  9. The User undertakes not to make any changes and/or interfere in any manner in the source code of the Website and/or the Information and not to upload software and/or any other applications that might harm or cause damage to the Company and/or any third parties.
  10. The User is aware of the limitations of the internet regarding information security on the net and he exempts the Company from any responsibility regarding this matter.
  11. The User undertakes not to make use of the Website in a manner that does not comply with any applicable law and/or is not permitted or that constitutes forgery, change, or erasure of information.
  12. The User hereby agrees to indemnify and compensate the Company for any direct or indirect damage and/or any other expense the Company incurs regarding a claim or demand originating from the execution of this Terms of Use.
  13. The User agrees that, without prejudice to any other right of the Company, in cases in which the Company deems that the User’s use of the Website does not conform with the instructions of this Terms of Use and/or any applicable law, the Company shall have the right to track the User’s use of the Website, to prevent the User from accessing the Website, and/or transfer the User’s history of use of the Website to third parties, as well as any other activity that the Company deems appropriate to take, in order to protect its property and/or rights.

Liability

The Information and the services contained on the Website are provided “as-is” and the User agrees and approves that the Company, including its representatives, employees, directors, managers, shareholders, and/or agents will not be held liable for any damage (direct or indirect) caused to the User and/or any other third party in relation to the use made by the User (whether directly or indirectly) of the Information or the User’s reliance upon such Information.

The User is solely responsible for his use of the Website. The Company does not bear any responsibility or liability in relation to any malfunction, error, or omission of the Website and/or the Website’s content. The Company shall not be held responsible for any direct, indirect, consequential, or incidental damage due to access to the Website or its use or due to any hindrance from accessing or using the Website. The Company is not responsible for any damage to the User’s computer equipment or any equipment of the User, including damage by computer viruses or software applications caused by visiting or using the Website and including damage caused by downloading Information from the Website.

It is hereby clarified that the Company and/or any other information providers on its behalf including its employees and/or representatives and/or agents and/or directors will not and is not responsible in any manner to conform the Website, including the Information, to the purposes and/or needs of the User.

The Company does not undertake that the Website shall be available at all times nor that the Website’s operation and/or completeness will not be hindered and/or be carried out uninterruptedly and/or without malfunctions, defects, errors, or faults. The Company shall not be held responsible for the abovementioned interferences as said and it shall not be held responsible for discrepancies to the User regarding the quality, nature, and extent of the Information (including the method of its delivery), direct or indirect loss, or direct or consequential or other damages caused to the User or any third party in relation to the interferences mentioned above or in relation to ceasing certain services on the Website for whatever reason.

To the extent permissible by any law, the Company shall not bear responsibility for the disclosure of details provided by the User to the Website in the event of an unauthorized breach to the Website’s computer systems.

Termination of Website Activities

The Company is entitled at all times to terminate the operation of the Website, either for a defined period of time or permanently, without prior notice and without receiving the User’s consent to do so.

Miscellaneous

The Company reserves the right to remove, amend, add, or alter any part of the Information contained in the Website by updating the Website from time to time. The User shall have no claim towards the Company due to changes in the Information on the Website. The Company reserves the right to refuse to grant access to Website or any part thereof to any User according to its sole discretion and without prior notice.

The Company reserves the right to amend, add, or alter these Terms of Use by updating this webpage from time to time. Every change made in the Terms of Use will take effect immediately upon its publication on the Website within the framework of the Terms of Use.

The Company is entitled to assign its rights in accordance with these Terms of Use to any third party as it sees fit and without obligation on its behalf to publish such act of assignment on the Website.

The User agrees that any communications to or from the Website do not form any attachment between himself and the Company and do not form any relationships between the User and the Company that exceed the ones specified in the Terms of Use.

The activity on this Website and any legal cause originating from the use of the Website including the validity and interpretation of the Terms of Use are subject to Israeli law only and the competent courts in Tel Aviv shall have the sole jurisdiction regarding any conflict in connection to the Website and its use.

In the event that any part of the Terms of Use is not enforceable or invalid, then any clauses whose effectiveness was invalidated, or that was decided to be unenforceable, shall be deemed to be replaced by enforceable and valid clauses whose content matches, with the utmost level of suitability, the intention of the original clauses and the remaining clauses of the Terms of Use shall remain in effect.

For any questions regarding the Terms of Use or the Services on the Website, please contact us as follows:

Continuity Software Ltd.
24 Raoul Walleberg st.
Ziv Towers, Building C
Tel Aviv, 6971923
Israel
Phone: +972.3.647.0888
Fax: +972.3.644.9389
Email: marketing@continuitysoftware.com

US Headquarters

5 Penn Plaza, 23rd Floor
New York, NY 10001
Phone: 646-216-8628
Fax: 646-417-6171
Toll Free: 888-782-8170