1. GENERAL
These terms of use ("Terms of Use") set forth herein apply to the website owned, operated, licensed, and/or controlled by CAESARSTONE LTD. and/or its affiliates (collectively, "the Company" or "We"), located at the following domain address: http://mos.caesarstone.com/ (the "Website") and to the use of the Master of Stone Training Center (“Training Program”; and together with the Website- the “Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.
By using, accessing or browsing through the Website and/or participating in the Training Program you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use, access or browse the Website or Training Program.
Please note that the Company reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of these Terms of Use, at any time. Please check these Terms periodically to review such changes. Your use of (including any browse through or access of) the Services, after such revised Terms of Use have been posted on the Services, shall constitute your consent to the new or revised Terms of Use.
In case of material changes to the Terms of Use of the Training Program, we will post a notification at our Training Program in advance.
2. USE OF THE TRAINING PROGRAM
The Training Program is intended as a tool to provide you supplemental professional information, including about health and safety when working with the Company’s products. It is not, and is not intended as a substitute for professional knowledge you need to obtain before processing the products or for any safety instructions you receive from your on-site supervisor or for your personal obligation to comply with health and safety and other legal requirements, considering the circumstances of your work and your working environment.
The content contained on the Website and\or the Training Program does not include all the information on the professional, health and safety issues that you need to know and fully implement in your organization. The Company makes no warranty as to the quality of the tools or safety measures presented on the Website and\or the Training Program and their suitability to your needs. The content contained on the Website and\or the Training Program should not be considered as any kind of professional, medical, health, or legal advice; or as a commentary on any law, regulation or standard. As professionals, fabricators must be familiar with and implement any and all professional and safety requirements relevant to their work, organization and profession. Owners and managers are fully responsible for the health and safety of their employees. Using the Training Program is not intended to replace your need to consult with health and safety professionals regarding your specific working environment conditions.
The Training Program is granted to you free-of-charge. We may, at any time and at our sole discretion, change the free of charge service to a Fee-based service and change any rates and payment terms. If we decide to do so, we will inform you of the fees charged for each service reasonable time in advance. Failing to settle your payments for a Fee-based service will prevent you from further using the service, notwithstanding any other remedies available to us under the applicable law. Any changes in our fee schedule will take effect immediately after being posted on the service.
The availability, quality and functionality of the Training Program depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.
WE DO NOT WARRANT THAT THE TRAINING PROGRAM WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
3. RESTRICTIONS ON USE OF CONTENT AND MATERIALS
All information, product information, content, images, videos, logos, designs, graphics, button icons, audio clips, digital downloads, scripts, trademarks, data compilations, and software and other material posted on the Services ("Materials") are the property of the Company, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and other proprietary rights.
No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained on the Services. You agree not to infringe upon all the above rights.
Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, post (unless where specifically permitted by us), transmit, or otherwise distribute, the Materials or any part thereof. You may download, where specifically permitted, one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Modification of the Materials or use of the Materials for any purpose other for its intended use, including without limitations the use of Materials on any other website or networked computer environment is strictly prohibited, and be deemed a violation of the Company's copyright and other proprietary (including intellectual property) rights.
If you wish to use any of the Material for any other purpose than its intended use, you may only do so upon receiving our prior written permission.
4. PATENTS
Without limiting any of the foregoing or hereunder, the Company's or any of its affiliates products, technology and processes referred to or posted on the Services may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision in any other content displayed via the Services, and the Company and/or its affiliates reserves all such rights.
5. TRADEMARKS
Without limiting any of the foregoing or hereunder, CAESARSTONE, the Company's logo and other trademarks included in the Website and the Services are trademarks of the Company. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Website or the Services, and all rights in such names, marks or logos is reserved by the Company.
6. INTELLECTUAL PROPERTY
The Company is committed to protecting the rights of copyrights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property related violations on the Services should be addressed through our online contact form, available at: Contact Us.
The Company will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, the Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
7. DOWNLOADS
Any download of data and/or files from the Services shall be at your own risk. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on it, or on any website linked to it.
8. LINKING TO THE WEBSITE
Unless you have a written agreement or a specific consent in effect with the Company which states otherwise, links to the Website may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that the Company is affiliated with any person or entity, or that the Company otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Website may not be such as to damage or dilute the goodwill associated with the Company’s name, intellectual property and trademarks; (c) all links to the Website must "point" to the URL "http://mos.caesarstone.com/" and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a "frame" on the linking Website, or any other Website.
Without limiting any of the above, the Company reserves the right to revoke its above consent to the providing of any link to the Website, at any time in its sole discretion.
9. DISCLAIMER
THE MATERIALS AND CONTENT IN THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE MATERIALS (INCLUDING BUT NOT LIMITED TO ANY STOCK QUOTES WHICH MAY APPEAR ON THE SERVICES) OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
You agree to defend, indemnify and hold the Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your breach of the terms of these Terms of Use.
12. THIRD PARTY’S CONTENT
To the extent that the Services contains links or any other information to outside services and resources, the Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.
Some of the Materials may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Company.
13. NO ENDORSEMENT
No reference made in the Services to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of the Company, constitute or imply an endorsement, recommendation or favoring by the Company.
14. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
The Company reserves the right to limit or revoke your access to the Services in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.
15. PRIVACY POLICY
The privacy policy in connection with the Services is available at: privacy policy.
16. GENERAL
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Israel (unless otherwise required by any laws, regulations and/or directives which are applicable to your country of origin). The parties will submit all their disputes arising out of or in connection with these Terms of Use to the exclusive jurisdiction of the Court Tel-Aviv, Israel.
If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and the Company with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. The Company may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by the Company of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
17. CONTACT US
Please feel free to direct any questions or concerns regarding these Terms of Use by contacting us through our online contact form, available at Contact Us.
These Terms of Use were last modified on: April 1, 2020
