Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

These Terms of Use apply to your access to, and use of, all or part of any Website of WSC Sports Technologies Ltd. (together with its affiliated companies – “WSC”, “we”, “our” or “us”), including https://wsc-sports-dev.ltu.co.il/ (the “Website”). By accessing or using the Website, you accept and agree to be legally bound by, these Terms of Use, together with our Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Website.

1. Background. The Website is intended to provide information about us, our products and services.

2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective immediately following posting of the revised Terms on the Website, and your continued use of the Website thereafter means that you accept those changes.

3. Ability to Accept Terms. The Website is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Website. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Website to make sure that you and your parent or guardian understand these Terms and agree to them.

4. Website Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Website provided, that you comply with these Terms and applicable law.

5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Website without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Website; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on using of the Website.

6. Copyright Ownership. The Website contains copyrighted material, trademarks and other proprietary information of ours and of other third parties, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Website is copyrighted as a collective work under any applicable copyright laws (“Content”). WSC owns copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the respective original Content, if created by us. Content in the Website is provided to you for your information and personal use and you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of WSC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

7. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

8. Links.
8.1. The Website may contain links to third party websites that are not owned or controlled by us. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. We encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.
8.2. WSC permits you to link to the Website provided that: (i) your link does not replicate any page of the Website; (ii) the hyperlink text shall accurately describe the Content as it appears on the Website; (iii) you shall not misrepresent your relationship with WSC or present any false or misleading information about WSC and shall not imply in any way that we endorse any of your services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and (vi) you, and your website, comply with these Terms and applicable law.

9. Privacy. We will use any personal information that we may collect or obtain in connection with your use and interaction with the Website in accordance with our privacy policy which is available at https://wsc-sports-dev.ltu.co.il/privacy-policy/ (“Privacy Policy”). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

10. Warranty Disclaimers.
10.1. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WSC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WSC DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY.
10.2. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WSC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE.
10.3. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth above may not apply.

11. Limitation of Liability.
11.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WSC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF WSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
11.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WSC FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE EXCEED $100.

12. Indemnity. You agree to defend, indemnify and hold harmless WSC and its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, but not limited to, reasonable attorney’s fees) arising from your use of, or inability to use, the Website or your violation of these Terms.

13. Term and Termination. These Terms are effective until terminated by WSC. WSC, in its sole discretion, has the right to terminate these Terms and/or your access to the Website, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). WSC shall not be liable to you or any third party for termination of the Website, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website. Sections ‎‎6 (Intellectual Property Rights), ‎‎10 (Warranty Disclaimers), ‎‎11 (Limitation of Liability), ‎‎12 (Indemnity), ‎14 (Governing Law) and ‎‎15 (General) shall survive termination of these Terms.

14. Dispute Resolution and Governing Law. You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, a party who intends to initiate arbitration or file a claim in small claims court must first send to the other a written notice. A notice from you to WSC must be emailed to l[email protected]. By using this Website, you agree that any disputes with WSC will be resolved exclusively through arbitration, to take place in New York City, under the laws of The State of New York. The arbitration will be conducted by an arbitrator chosen by WSC and will follow the rules of American Arbitration Association. This process will apply to individual disputes only; you and WSC agree not to engage in any class or group actions. If your claim is below a $100,000, the arbitration will be based solely on written submissions. The arbitration’s location in New York City is a binding aspect of this agreement. The arbitrator’s decision, detailed in writing, will be final and binding. Changes to this clause can be rejected by sending written notice to WSC within 30 days of the change at [email protected].

15. General. These Terms shall constitute the entire agreement between you and us concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last update: April 1, 2024