STaM

Date of last revision: May 2020

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Welcome to Avraham Borshevsky’s website. If you continue to browse and use this website and the products and services available through this website (collectively, the "Website"), you are agreeing to comply with and be bound by the following terms and conditions of use (the "Terms and Conditions"), which together with the Privacy Policy govern Avraham Borshevsky (the "I" or "My" or  "Me") relationship with you in relation to this Website. If you disagree with any part of these Terms and Conditions, please do not use this Website.

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General

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The content of the pages of this Website is for your general information and use only, subject to change without notice. Neither I nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Me your consent to allow any of your minor dependents to use this Website.
You may not use the Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your use of the Website.
 

Advertisements, Third Party Websites

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I reserve the right to provide you with advertisements for My or third party products, on this Website, at My sole discretion.

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You may gain access to third-party sites on the Internet through hypertext or other computer links on this Website. Third-party sites are not within My supervision or control and I do not make any representation or warranty whatsoever about any third-party site that is linked to this Website, nor endorse the products or services offered on such site or in third-party advertisements. I disclaim: (a) all responsibility and liability for content on third party sites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. Your use of third party sites is at your own risk and subject to the terms and conditions for such sites and you hereby irrevocably waive any claim against Me with respect to such sites and third-party content.

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If another site causes you damages, look to that other site for relief.

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Intellectual Property

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1. All intellectual property associated with this Website is owned by Me or its licensors, which includes materials protected amongst others by copyright, trademark, or patent laws. All content on this Website (except for Personal Information as defined below), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (the "Content") is My proprietary property; all rights reserved.

2. My logo and trademark and any other product or service name or slogan displayed on this Website are My intellectual property and may not be copied, imitated or used, in whole or in part, without My prior written permission. You may not use any metatags or any other "hidden text" utilizing "Avraham Borshevsky" or any other My name, trademark or product or service name without My prior written permission. In addition, the look and feel of this Website, including all visual design elements including page headers, custom graphics, button icons and scripts, are My service mark, trademark and/or trade dress and may not be duplicated, copied, imitated or used, in whole or in part, without My express prior written permission. The look and feel of this Website is copyright © Avraham Borshevsky.

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All other trademarks, registered trademarks, product names and company names or logos that appear on this Website are the property of their respective owners.

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If you are aware of an infringement of your brand please notify Me by using the Notice-And-Takedown Procedure set forth. If you are aware of an infringement of My brand, I would appreciate you letting Me know by contacting Me via the contact form.

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Personal Information

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You may be asked to provide certain personal information (the "Personal Information"), in order to be in contact with Me. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself. The use or disclosure of any Personal Information you supply is governed by the Privacy Policy.

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Website

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I do not provide you with the equipment to access this Website. You are responsible for all fees charged by third parties related to your access and use of this Website, (e.g. charges by Internet service providers, telephone providers). You are responsible for obtaining and maintaining any equipment or ancillary services needed to access this Website or otherwise use this Website, including, without limitation, modems, WIFI, hardware, software, and long-distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with this Website.

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Additional Terms and Disclaimers

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1. You acknowledge and agree that in your use of this Website, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

2. You further acknowledge and agree that I have the right to modify or discontinue, temporarily or permanently, all or any portion of this Website without notice. You agree that I will not be liable for any suspension, modification, discontinuance or lack of availability of this Website; and

3. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense; and

4. Links to this Website. You may not create a link to any page of this Website without my prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.​

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Products or Services (if applicable)

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Certain products or services may be available online through the Website. These products or services may have limited quantities and are subject to return or exchange according to My Returns and Refunds Policy.

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I have made every effort to display as accurately as possible the colors and images of My products that appear at the Shop. I cannot guarantee that your computer monitor's display of any color will be accurate.

I reserve the right, but are not obligated, to limit the sales of My products or services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of me. I reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Website will be corrected.

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I reserve the right to refuse any order you place with Me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household or per order. For more detail, please review My Returns and Refunds Policy.

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Privacy

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The Privacy Policy, which is incorporated into these Terms by reference, describes the collection and use of information by Me. Please review the Privacy Policy to understand My practices.

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Shipping

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The Shipping Policy, which is incorporated into these Terms by reference, describes My shippings practices. Please review the Shipping Policy to understand My practices.

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Returns and Refunds

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The Returns and Refunds Policy, which is incorporated into these Terms by reference, describes My returns and refunds practices. Please review the Returns and Refunds Policy to understand My practices.

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Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. I reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

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Indemnification

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You agree to indemnify and hold Me (and My agents) harmless from and against all damages losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim or demand made by any third party due to or arising out of (a) your use of this Website, (b) your violation of this agreement; or (c) your violation of applicable laws or regulations. I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Me and you agree to cooperate with My defense of these claims. You agree not to settle any matter without My prior written consent. I will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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Disclaimer

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The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, this:

• excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or My literature; and

• excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this of the possibility of such potential loss), damage caused to your computer, computer software, systems, programs and the data thereon or any other direct or indirect, consequential and incidental damages.

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In the event that any action or other proceeding is sought to be brought against Me for any purpose, you agree, notwithstanding any legislative statute of limitations to the contrary, that such proceedings must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against Me and any persons who in law or at equity could claim contribution or indemnity against Me.

 

Limitation of Liability

 

IN NO EVENT SHALL I BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING LOSS OF PROFITS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT I AM ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOUR ONLY REMEDY AGAINST ME FOR USE OF THIS WEBSITE OR ANY CONTENT IS TO STOP USING THIS WEBSITE.

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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF I AM FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT THEREIN, MY LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS WEBSITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU'VE PAID ME IN THE PRIOR 3 MONTHS (IF ANY).

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Notice and Take Down/Infringement

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I own, protect and enforce the rights in My own creative material and respect the rights of others. It is My policy not to permit materials known by Me to be infringing to appear on this Website. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been used, copied, distributed or disclosed through this Website in a way that constitutes an infringement of such including but not limited to copyright, trademark or other intellectual property rights or privacy rights, please provide Me with an infringement notice ("Notice") which should include the following written information:

1. A statement that you have identified Content (defined in the "Intellectual Property" section) or other material on this Website, which infringes your copyright or other intellectual property rights; and
2. Identification of the Content or other 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
3. Your full name, email address, postal address and telephone number on which you can be contacted; and
4. A statement by you that the information in the Notice is accurate that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
5. A statement by you that you have a good-faith belief that use of the Content or other material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; and
6. The physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of the owner of the work that is allegedly infringed; and
7. It is recommended that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims; and
8. Notice of claims of infringement on or regarding Content or other material should be sent to Me via the contact form. 

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Miscellaneous

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1. I reserve the right to change these Terms by posting at any time, in My sole discretion, by posting changes on this Website. Your continued use of this Website after any amendment shall evidence your agreement to be bound by the revised Terms.

2. Contact Information. For communications concerning the Agreement, please contact Me via the contact form.

3. Severability. In the event that any provision of this Agreement is found to be contrary to law or unenforceable, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. That part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

4. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Israel, without regard to the choice-of-law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

5. Notwithstanding the foregoing, I may seek relief in any court of competent jurisdiction to protect or enforce My intellectual property and proprietary rights.

6. Assignment. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. I may assign My rights and duties under these Terms to any party at any time without notice to you.

7. Notice. You agree that any notice, agreement, disclosure or other communication that I send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

8. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled.

9. My failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.

10. With the sole exception, defined in the "Notice and Take Down/Infringement" section, the provisions of these Terms are for the benefit of Me and yourself, and these Terms are not intended to confer upon any person, except Me and yourself, any rights or remedies hereunder.

11. Headings and subheadings in the Agreement are included for convenient reference only and are not to be considered in construing the corresponding text of the Agreement.

 

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