myAnt.org - an advanced system that organizes you leads:
Grayed out features - are coming up.
Future Features and estimate time table:
Client means a customer of TB.
Client Data means any, but not limited to, personal data, reports, addresses, and other files, folders or documents in electronic form that a User of the Site stores within the Site.
Personal Data means any information relating to an identified or identifiable natural person.
Public Area means the area of the Site that can be accessed both by Users and Visitors, without log in requirement.
Restricted Area means the area of the Site that can be accessed only by Users, and where access requires logging in.
User means an employee, agent, or representative of a Client, who primarily uses the restricted areas of the Site for the purpose of accessing the Site in such capacity.
Visitor means an individual other than a User, who uses the public area, but has no access to the restricted areas of the Site.
1. What information we collect on the Site: We collect different types of information from or through the Site. The legal bases for TB s processing of personal data are primarily that the processing is necessary for providing the Site in accordance with TB s Terms of Service at myAnt.org and that the processing is carried out in TB s legitimate interests, which are elaborated upon in the section How We Use the Collected Information below. We may also process data upon your consent, asking for it as appropriate.
When you use the Site, as a User or as a Visitor, you may provide, and we may collect Personal Data. Examples of Personal Data include but not limited to: name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal Data also includes other information, such as geographic area or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with Personal Data in various ways on the Site. For example, when you register for an Account, use the Site, post Client Data or send us customer service -related requests or pay subscription fees. TB will use User payment account information to either take payment of its fees or relay such information to processors or other third parties as per User instructions.
1.2. Information Collected by Clients. A Client or User may store or upload into the Site Client Data. TB has no direct relationship with the individuals whose Personal Data it hosts as part of Client Data. Each Client is responsible for providing notice to its customers and third persons concerning the purpose for which Client collects their Personal Data and how this Personal Data is processed in or through the Service as part of Client Data.
1.3. Right to delete. Personal Data and User Data is collected and stored for at least the term of the Users use of the Site. TB reserves the right to delete all User Data within sixty (60) days of the termination of the User s Terms of Service.
1.4. Automatically Collected Information. When a User or Visitor uses the Site, we may automatically record certain information from the User s or Visitor s device by using various types of technology, including cookies, clear gifs; or web beacons. This automatically collected information may include IP address or other device address or ID, web browser and/or device type, the web pages or sites visited just before or just after using the Site, the pages or other content the User or Visitor views or interacts with on the Site, and the dates and times of the visit, access, or use of the Site. This information is gathered from all Users and Visitors.
We use the information that we collect in a variety of ways in providing the Site and operating our business, including the following:
2.1 MyAnt.org Use - We use the collected information to operate, maintain, enhance and provide all features of the Site, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Site. We process Client Data solely in accordance with the directions provided by the applicable Client or User.
2.2. Communications - We may use a Visitor s or User s Personal Data email address or other information to contact that Visitor or User (i) for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to the Client Data or Personal Data posted on the Service.
2.3. MyAnt.org enhancement - We use the information to understand and analyze the usage trends and preferences of our Visitors and Users, to improve the Site, and to develop new products, services, feature, and functionality. Should this purpose require TB to process Client Data, then the data will only be used in anonymized or aggregated form.
2.4. Cookies and Tracking - We use automatically collected information and other information collected on the Site through cookies and similar technologies to: (i) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Site and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Site. You can obtain more information about cookies by visiting www.allaboutcookies.org
Except as described in this Policy, we will not intentionally disclose the Personal Data or Client Data that we collect or store on the Site to third parties without the consent of the applicable Visitor, User or Client. We may disclose information to third parties if you consent to us doing so, as well as in the following cases:
3.1. Service Providers - We work with third party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or Client Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.
3.2. Non Personally Identifiable Information - We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Clients , Users and Visitors interests, habits, and usage patterns for certain programs, content, services, and/or functionality available through the Site.
We may disclose Personal Data or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
We also reserve the right to disclose Personal Data or other information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Site and any facilities or equipment used to make the Site available, or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.
5.2. Opting out from Commercial Communications - If you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email or by sending an email to email@example.com. Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Site. TB has no direct relationship with the Client s customers or third party whose Personal Data it may process on behalf of a Client. An individual who seeks access, or who seeks to correct, amend, delete inaccurate data or withdraw consent for further contact should direct his or her query to the Client or User they deal with directly. If the Client requests TB to remove the data, we will respond to its request within thirty (30) days. We will delete, amend or block access to any Personal Data that we are storing only if we receive a written request to do so from the Client who is responsible for such Personal Data, unless we have a legal right to retain such Personal Data. We reserve the right to retain a copy of such data for archiving purposes, or to defend our rights in litigation. Any such request regarding Client Data should be emailed to firstname.lastname@example.org, and include sufficient information for TB to identify the Client or its customer or third party and the information to delete or amend.
The Service may contain features or links to web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators policies, if any, governing privacy and security, even if accessed through the Site. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Site. We encourage you to learn about third parties privacy and security policies before providing them with information.
We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by California law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.
California law requires that operators of websites and online services disclose how they respond to a Do Not Track signal. Some browsers have incorporated Do Not Track features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signal.
We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize Personal Data. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Site, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us at email@example.com. If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
We only retain the Personal Data collected from a User for as long as the User s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows: the contents of closed accounts are deleted within 3 months of the date of closure; backups are kept for 3 months; billing information is retained for a period of 7 years as of their provision to TB. information on legal transactions between Client and TB is retained for a period of 10 years as of their provision to Pipedrive in accordance with the general limitation period.
Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Site. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Site is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Site. We cannot and do not guarantee that information you post on or transmit to the Site will not be viewed by unauthorized persons.
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Site, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Site after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.
Please contact us with any questions or comments about this Policy, your Personal Data, our use and disclosure practices, or your consent choices or if you have any concerns or complaints about this Policy or your Personal Data by email at firstname.lastname@example.org
Yap! Its all DEMO...
Our User Agreement lays below. Please review carefully. The Submit button is at the bottom of it.
This Software as a Service Agreement is made on AGREEMENT DATE (the "Effective Date") between Tal Bahir Inc, the owner and operator of myAnt.org (the "Site"), whose principal place of residence is at Los Angeles, California, corporation with its principal place of business at 31125 Via Colinas #903, Westlake Village, CA 91362 (the "TB") and CUSTOMER NAME, PARTY B NAME, you or the entity that you represent, the ("PARTY B").
(I)Monthly subscription: myAnt.org monthly subscription is a month-to-month, pay-as-you-go service. You, PARTY B, CUSTOMER NAME will be billed for every 30 days of service.
(II) You, PARTY B, have up to fifteen days from the approval date of your account, to use the Site free of charge in order to evaluate and asses the usefulness of our system to you.
(III) Your, PARTY B, Subscription Date is fifteen days after the approval date of your account.
(IV) The payment for the first month is due on Subscription Date and on same date of each following month for your monthly fees. (Subscription Date is set in III)
(V) The monthly bill is SUBSCRIPTION FEE AMOUNT, based on sessIons sessions times nPerSessFee per month plus a flat fee of nGGLFlatFee for Google Integration and is due on your Subscription Date of each month.
(VI) You, PARTY B, agree and accept that the Subscription Fee of SUBSCRIPTION FEE AMOUNT is valid for a year (period of twelve months) from date in (III), your Subscription Date. A year (twelve months) after this date the Subscription Fee WILL CHANGE to the average market price of similar service.
Sending messages (SMS) and placing phone calls features are optional and require you, PARTY B, to open a SIP VOIP account.
Currently the Site supports only one provider: www.voipessential.com
(I) Opening a VoIP account and the relevant charges for such account are between you, PARTY B, and the SIP VOIP carrier provider and out of the scope of this contract and are solely your responsibility.
(II) TB is not responsible to provide a SIP VOIP account.
(III) We will gladly assist with opening and setting up the account.
Agreement date - AGREEMENT DATE
Client company name - PARTY B NAME
Number of sessions - sessIons
Price per session - nPerSessFee
Google Integration flat fee - nGGLFlatFee
Subscription Fee (Monthly) - SUBSCRIPTION FEE AMOUNT
Subscription date - Subscription Date is up to fifteen days after the approval date of your account.
Neither Tal Bahir Inc or myAnt.org are your legal advisors. This site's clause language and contracts may fail to meet your needs. Our clause language are often not jurisdiction specific and may not reflect the legal needs of your specific deal. Nothing on the myAnt.org website or any affiliate websites shall be considered legal advice and no attorney-client relationship is established. Be sure to consult a licensed attorney in your state to address the particulars of your specific situation.
TB hereby grants to PARTY B, including to all PARTY B's Authorized Users, a non-exclusive, non-sublicensable, non-assignable, royalty-free, and worldwide license to access and use the site, myAnt.org, solely for your personal and/or business use or for internal business purpose in the organization that you represent. You may connect to myAnt.org services, including but not limited to customer relationship management and project management, using any Internet browser supported by the Site.
TB reserves the right, in its sole discretion, to change these Terms of Service ("Updated Terms") from time to time. You agree that TB may notify you of the Updated Terms by posting them on myAnt.org. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
4.1. PARTY B's Use of Services. PARTY B shall
(a) abide by all local and international Laws and regulations applicable to its use of the Site,
(b) use the Site only for legal purposes, and
(c) comply with all regulations, policies and procedures of networks connected to the SaaS.
4.2. Restricted Uses. PARTY B will not
(a) upload or distribute of any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site,
(b) modify, disassemble, decompile or reverse engineer the Site,
(c) probe, scan, test the vulnerability of, or circumvent any security mechanisms used by, the sites, servers, or networks connected to the Site,
(d) take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Site,
(e) copy or reproduce the Site,
(f) access or use any other clients' or their users' data through the Site,
(g) maliciously reduce or impair the accessibility of the Site,
(h) use the Site to post, promote, or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, hateful, or otherwise objectionable material, or
(i). transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability.
(j) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity while using the Site.
(a) Account Creation. You must complete the registration process on the Site by providing the TB with current, complete, and accurate information as prompted by the registration form above. You also will choose a password and a user name.
(b) Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the TB immediately of any unauthorized use of your account or any other breach of security.
(c) Liability for Account Misuse. The TB will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the TB or another party due to someone else using your account or password.
(d) Use of Other Accounts. You may not use anyone else's account at any time, without the permission of the account holder.
TB cares about the integrity and security of your personally identifiable information and will take commercially reasonable efforts to protect that information’s integrity and security.
However, TB cannot guarantee that unauthorized third parties will never be able to defeat the Site's security measures or use for improper purposes any personally identifiable information you provide to us. You expressly understand and agree that you, PARTY B, shall not store sensitive information such as bank accounts, full credit card numbers or, but not limited to, social security numbers in your myAnt.org account. You acknowledge that if you decide to store such information on myAnt.org servers you do so at your own risk and responsibility.
myAnt.org is an online website that provides software as a service.
7.1 PARTY B acknowledges that internet access is one of the basic requirements to use myAnt.org.
7.2 Any expenses or problems that may occur due to such requirements including but not limited to: internet service, network rewiring, IT labor of any kind, information and security consulting is solely PARTY B responsibility.
7.3 myAnt.org is capable of blocking access based on logon IP. This feature is optional and requires static IP from your ISP to use. Static IP may require but not limited to: additional charge from your internet service provider, setting up a router device capable of working with static IP and relevant IT labor. Static IP is solely PARTY B responsibility.
You acknowledge and agree that the Site is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TB of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Through the Site, you may have the ability to access and/or use content provided by third parties. TB cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. TB disclaims any responsibility or liability related to your access or use of any third party content.
The Site use may include certain communications from myAnt.org, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Site. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
10.1. Content Ownership. You retain all ownership rights to content uploaded to Site by you or your company.
10.2. Content License. By submitting content to the Site, you grant TB a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and TB's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
11.1 The import is by request only. The process is not automated and you, PARTY B, have to request it.
11.2 The import is not always possible. This depends on your data method of storage and other technical variables.
11.3 The import costs a one time fee that depends on the scope of work required to process your data and import it into your my myAnt.org account.
11.4 The import is done AS-IS. TB is not liable for any inaccuracy, missing information or any other problems that may arise from the import of your information to myAnt.org.
11.5 TB will take commercially reasonable efforts to import your information with complete accuracy. However, TB cannot guarantee complete accuracy due to fields’ structure differences between the two data structures and other technical reasons. You acknowledge that if you do request the import it will be done at your own risk.
11.6 You are solely responsible for the import cost. The import one time fee is non refundable.
TB features an integration between myAnt.org and Google Drive and Google Maps. MyAnt uses Google APIs to achieve convinience for the end-user to view, upload and organize documents by client in myAnt.org document manager.
12.1 This feature costs nGGLFlatFee per month in addition to the standard nPerSessFee per month per session. This cost is a part of the myAnt.org monthly subscription fee. Google Maps API integration is included in the cost allowing you to use Google Map to view your appointments and jobs in production in myAnt.org.
12.2 Currently myAnt.org only supports Google Drive integration. This means that you, PARTY B., have to choose a Google Drive account(gmail email) in order to use the Site document manager.
12.3 myAnt.org does not store your files on its servers. All documents are stored in your Google Drive. You can access your files directly from Google Drive regardless if you’re using myAnt.org.
12.4 You can use your current gmail email. TB does recommend creating a dedicated Google Drive account(gmail email) for this purpose.
12.5 To use myAnt.org document manager you need to sign in with gmail email(that belongs to you). myAnt.org does not store or use your gmail credentials. The signin process is done through a Google Sign In window page. myAnt.org has no control over Google Sign In page nor does it have access to your Google Drive credentials.
12.6 myAnt.org Google Drive API currently has per-file access to files created or opened by MyAnt in the user's Google Drive. File authorization is granted on a per-user basis and is revoked when the user deauthorizes myAnt.org in Google Drive settings.
12.7 Myant documents manager is capable of moving files into the trash portion of Google Drive. You can restore it any time via Google Drive interface. myAnt.org can’t delete files from the user’s Google Drive.
12.8 TB does not backup files it has access to in your Google Drive.
12.9 TB will not be liable for any loss that you may incur as a result of someone else using your Google Drive password or account, either with or without your knowledge.
12.10 TB can make no guarantees of the stability or availability of the Google Drive service.
12.11 myAnt.org Google Maps API allows the end-user to view current appointments and jobs in production via Google Maps. Appointments map and Jobs map are two seperate links. Please note that anyone who has the link can access it. No sign in is required.
12.12 Your documents can be copied or moved to your Google Drive folders created by myAnt.org only by manual process. No automation is available. TB will not do it for you.
13.1. Monthly subscription: myAnt.org monthly subscription is a month-to-month, pay-as-you-go service. You, PARTY B, CUSTOMER NAME will be billed for every 30 days of service. You may cancel our service any time and you won't be charged again, but you are solely responsible for the charges already incurred. In plain words, anything paid to us is non refundable.
13.2. A valid credit card is required for paying accounts.
13.3. You, PARTY B, have fifteen days from the approval date of your account, to use the Site free of charge in order for you evaluate and asses the usefulness of our system to you.
13.4. Your, PARTY B, Subscription Date is fifteen days after the approval date of your account. The payment for the first month is due on Subscription Date and on same date of each following month for your monthly fees.
13.5. The monthly bill is SUBSCRIPTION FEE AMOUNT, based on sessIons number of sessions times nPerSessFee plus Google Integration flat fee of nGGLFlatFee per month and is due on your Subscription Date of each month. (as set in 13.4.)
13.6. You, PARTY B, agree and accept that the Subscription Fee of SUBSCRIPTION FEE AMOUNT is valid for a year (period of twelve months) from date in (13.4.), your Subscription Date. A year (twelve months) after this date the Subscription Fee WILL CHANGE to the average market price of similar service.
13.7. For any upgrade or downgrade in plans, your credit card will automatically be charged with the new plan rate on and from your next billing cycle.
13.8. Downgrading your Site service may cause the loss of content, features, or capacity of your account. TB does not accept any liability for such losses.
13.9. Taxes. Payment amounts under this agreement do not include Taxes, and PARTY B shall pay all Taxes applicable to payments between the parties under this agreement.
14.1. Either party may terminate this agreement at any time by notifying the other party. TB may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason. Upon termination, your right to use or access the Site will immediately cease. This agreement's provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to TB or any third party.
14.2. Refund Amounts. Any amount paid is non refundable.
14.3. Pay Outstanding Amounts. PARTY B shall immediately pay to TB all amounts outstanding as of the date of, and any amounts outstanding as a result of, termination.
14.4. Recovery of Data. PARTY B will have 60 days from the date of termination to retrieve any of data that PARTY B wishes to keep.
15.1. No Representation by TB. TB makes no representation that the Service is appropriate or available for use outside of the United States.
15.2. PARTY B Status. PARTY B represents and that it is not located in, under the control of, or a national or resident of any country to which the United States has embargoed the import or export of goods, on the United States Treasury Department's List of Specially Designated Nationals or United States Commerce Department's Table of Deny Orders.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. TB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TB MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TB, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT TB SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF TB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL TB’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY PARTY B TOWARDS SUCH SERVICE UNDER THIS AGREEMENT DURING THE 3 MONTHS PRECEDING THE DATE UPON THE RELATED CLAIM AROSE.
You agree to indemnify and hold harmless TB its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Site in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Site, except where such use is authorized by TB.
19.1. Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, TB may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
19.2. Class Actions. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims.
19.3. Waiver of Jury Trial. You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
If we receive a complaint from any person against you with respect to your activities as part of use of the Site, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy TB in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by TB to the complainant.
myAnt.org, myAnt.org logo, the names of individual Services and their logos are trademarks of Tal Bahir Inc Corporation. You agree not to display or use, in any manner, the myAnt.org trademarks, without TB’s prior permission.
22.1. TB reserves the right to modify and discontinue, at any time and from time to time, temporarily or permanently, the Site (or any part thereof) with or without notice.
22.2. Prices of all Services, including but not limited to subscription plan fees of the Site, are subject to change without notice from us. TB shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Site.
23.1. Entire Agreement. The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement,
(a) represent the final expression of the parties' intent relating to the subject matter of this agreement,
(b) contain all the terms the parties agreed to relating to the subject matter, and
(c) replace all of the parties' previous discussions, understandings, and agreements relating to the subject matter of this agreement.
23.2. Assignment. Neither party may assign this agreement or any of their rights or obligations under this agreement without the other party's written consent.
(a) Method of Notice. The parties shall give all notices and communications between the parties in writing by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid[, (iv) fax][, or (v) electronic mail] to the party's address specified in this agreement, or to the address that a party has notified to be that party's address for the purposes of this section.
(b) Receipt of Notice. A notice given under this agreement will be effective on
(i) the other party's receipt of it, or
(ii) if mailed, the earlier of the other party's receipt of it and the [fifth] business day after mailing it.
23.4. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
(a) Affirmative Waivers. Neither party's failure or neglect to enforce any rights under this agreement will be deemed to be a waiver of that party's rights.
(b) Written Waivers. A waiver or extension is only effective if it is in writing and signed by the party granting it.
(c) No General Waivers. A party's failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.
(d) No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
23.6. Relationship of the Parties
(a) No Relationship. Nothing in this agreement creates any special relationship between the parties, such as a partnership, joint venture, or employee/employer relationship between the parties.
(b) No Authority. Neither party will have the authority to, and will not, act as agent for or on behalf of the other party or represent or bind the other party in any manner.
23.7. Cooperation. You will reasonably cooperate with any of the TB's investigation of Service outages, security problems, and any suspected breach of the Agreement. Where agreement, approval, acceptance, consent or similar action by either party hereto is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld.
23.8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
TB respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide the following information in accordance with the Digital Millennium Copyright Act:
24.1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
24.2. identification of the copyrighted work claimed to have been infringed,
24.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
24.4. your contact information, including your address, telephone number, and an email address,
24.5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
24.6. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
24.7. Please contact us at email@example.com (email)
This agreement has been executed by the parties on AGREEMENT DATE:
PARTY A, TB:
Tal Bahir Inc
By: Tal Bahir
Name: Tal Bahir
By: PARTY B NAME
Name: CUSTOMER NAME
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