1. Marketing Disclosure and Disclaimer of Content.
The Website posts general articles about a variety of subjects, services and products. All information provided on the Website is for informational and entertainment purposes only. These articles and information have not been reviewed or approved by any government agency including the FDA and are not intended to diagnose or cure any illness. Some of the articles are sponsored by third party advertisers and as to those articles; We receive monetary compensation from the third parties mentioned in the articles to the extent that customers click through to the advertiser”s website or complete a sale on the advertiser’s websites. You will know which of these articles are sponsored by third parties as a disclosure “Sponsored Content” will appear at the end of the Article.
The products and services discussed on the Website which are sponsored are the property of third parties. We do not make any representations regarding the use of such products or services and your individual results may vary from the experiences described in the articles on the Website. Any opinions, advice, statements, or other information expressed or available by third parties, including other users, are those of the respective author(s) or distributor(s) and not Ours. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement on the Website by anyone other than authorized employees in their employment capacity.
2. Disclaimer of Warranties.
GENERAL DISCLAIMER. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Comparisons MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OR FINANCIAL OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Comparisons IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Comparisons OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION, INCLUDING THE CONSULTATION WITH OTHER THIRD PARTIES AND EXPERTS AS APPROPRIATE, BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK.
INVESTMENT & FINANCIAL INFORMATION DISCLAIMER. Any and all content on Our Website related to financial or investment is not advice provided by an experienced financial investment advisor nor does it create any financial advisor relationship. You should consult the appropriate licensed professional before making any financial investment or conduct your own independent research and consult with your personal investment advisor before making any investments or financial decisions. You agree that We shall not have any liability for your financial/investment decisions based upon or originating from the content on Our Website.
3. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO ACCESS TO OR USE OF OUR WEBSITE OR ANY SERVICE OR PRODUCT OBTAINED ON OR THOUGH OUR WEBSITE EVEN IF WE AND/OR PARTIES RELATED TO US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL OUR LIABILITY OR ANY OF THE PARTIES RELATED TO US EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Comparisons. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Comparisons.org LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In the event you are a resident of a state that does not allow the exclusion or the limitation of liability for consequential or incidental damages then Our liability and damage assessment shall be limited to the fullest extent permitted by law.
4. INTERNATIONAL MARKETING DISCLAIMER.
Information pertaining to any products or services provided on the Website is intended for residents throughout the world. The Website, the posted articles and any sponsored content may contain information about products that may or may not be available in a particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this Website have not been approved or cleared by a government regulatory body. You should not construe anything on the Website as an endorsement of any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located. We do not verify any claims made by persons who contribute to or advertised on or through Our Website.
5. INTELLECTUAL PROPERTY RIGHTS.
All trademarks, product names, Comparisons names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and We own a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on Our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without Our prior written permission, is strictly prohibited.
Copyright Agent and Notification of Copyright Violation. If you believe that your copyright work has been placed on Our Website in a manner that constitutes copyright infringement, please forward the following information to Our Copyright Agent, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), by emailing us here: contact us. Be sure to include the following required information:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner”s behalf.
You agree to indemnify and hold Comparisons, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys” fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and products purchased there from; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity.
7. Third Party Links and Websites.
The Website may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Us of the applicable website or any association with the website”s operators. Because We have no control over such websites and resources, you agree that We are not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that We shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
8. BINDING ARBITRATION.
Except as provided below, all disputes, controversies and claims related to this TOU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (“JAMS Rules”) and under the terms set forth in this TOU. In the event of a conflict between this TOU and JAMS Rules, the terms in this TOU shall control and prevail. The arbitrator”s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND WE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU HAVE 30 DAYS IN WHICH TO NOTIFY US IN WRITING THAT YOU DO NOT AGREE WITH THIS SECTION 8 OR OTHERWISE WAIVE YOUR OBJECTION TO ENFORCEMENT OF THIS PROVISION BY US.
The arbitration will take place in a mutually convenient location agreed to between you and We determined within ten (10) days following receipt of an arbitration notice. In the absence of an agreement, the arbitration will be conducted in the county of Our primary office.
WAIVER OF RIGHT TO CLASS ACTION PARTICIPATION AND PRIVATE ATTORNEY GENERAL ACTIONS. YOU AGREE THAT YOU WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY CLASS ACTION OR BECOME A CLASS REPRESENTATIVE FOR A CLASS ACTION. YOU FURTHER WAIVE ALL RIGHT OR AUTHORITY TO BRING AN ACTION AS A PRIVATE ATTORNEY GENERAL; AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
9. General Provisions.
9.1 Governing Law; Jurisdiction.
This TOU is governed by, and will be construed under, the laws in the State of North Carolina without regard to conflict of law principles. All disputes arising out of or related to your use of Our Website shall be subject to the exclusive jurisdiction of North Carolina and you agree to submit to the personal jurisdiction and venue of such courts.
9.2 Revision and Updates to TOU.
This TOU may only be modified and revised by US. Your continued use of the Website after such posting constitutes your acceptance and agreement to the modification or revision.
9.3 Independent Parties.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of this TOU or your use of the Service.
We may assign this TOU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOU without Our prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this TOU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the TOU shall be given full force and effect.
9.6 No Waiver.
Our failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect Our right of any party to enforce each and every such provision thereafter.
All notices given by you or required under this TOU shall be in writing and emailed to [email protected]
9.8 Equitable Remedies.
You hereby agree that We would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that We shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as we may otherwise have available to Us under applicable laws.
9.9 Entire Agreement.
This TOU constitutes the entire agreement between you and Us with respect to Our Website and/or Service and Products advertised thereon and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Us with respect to the Website and/or Services and/or Products.
By using our Website, you explicitly accept, without limitation or qualification, the collection, use and transfer of personal and non-personal information we collect during your visits to our Website in the manner described in this policy. Please read this policy carefully as it affects your rights and liabilities under the law. If you disagree with the way we collect, share and store information, please do not use this Website.
You must be 18 years of age or older to use our Website. We do not knowingly collect, use or disclose personal information about visitors under 18 years of age. If you are the parent or guardian of a minor under 18 years of age and believe that we have personal information related to such minor, please contact us so that we may delete the minor’s information from our database.
1. Scope of this Policy.
This policy applies to this Website and regulates the processing of information relating to you and grants both us and you various rights with respect to your personal data. It describes what type of information we collect; how we store that information; how we use that information; and to whom we can share that information. It also informs you of how to notify us to stop using your information. Our company is located in Israel. You may be located in a country that has laws which are more restrictive about the collection and use of your personal information. However, by using our Website, you agree to waive the more restrictive laws and agree to be governed by the laws of the United States.
This Website may also posts links to other websites over which we have no control. As such, we are not responsible for the privacy policies or practices of other websites when you choose to link from this Website. We also do not control the data use practices of those persons or entities who may access your information on this Website for the purposes of providing the service or product you have requested from such third party or their agents. We encourage you to review the privacy policies and opt-out choices of those third parties so you can understand how they collect, use and share your information.
2. Information We Collect and Retain.
We may collect the following general types of information about you when you visit and use our Website: personal information, demographic information, behavioral information, and indirect information. Sometimes we collect combinations of these types of information.
Personal information is information that can be used to identify you, or any other individual to whom the information may relate, personally. We do not collect personal information unless you choose to provide it to us. Such information may include your first and last name, physical address, email address, birth date.
Demographic information is information that may or may not be unique to you in the sense that it refers to selected population characteristics, Such information may include, but is not limited to, zip code, telephone numbers (including cell phone numbers and carriers), age, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests.
Behavioral information is information pertaining to how you use our Website, the areas of our Website that you visit, what services you access, and information about your computer hardware and software including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet and other website you have been referred to us through.
Third party information is information that we acquire from a third party which may include personal, demographic, behavioral and indirect information.
Cookies: “Cookies” are a feature in your browser software. If enabled, we may write cookies that may store small amounts of data on your computer about your visit to any of the pages of this Website. When you visit this Website again, cookies can enable us to customize our content according to your preferences. We may also allow other companies to display advertisements to you while you are visiting our Website. Because your web browser must request these advertisements from the other companies’ servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their website. We have no control over the practices of those third party advertisers and are not responsible for their technology or tracking. We encourage you to review the policies of such advertisers when you link to their website.
Web Beacons: We also use electronic images known as Web Beacons (sometimes called single-pixel gifs, clear gifs or action tags) that allow us to collect certain information about your visit to this Website (including the number of users who have visited those pages), measure and improve the effectiveness of advertisements, and deliver services. Web Beacons are not used to access your personally identifiable information; they are a technique used to compile aggregated statistics about website usage. Web Beacons collect only a limited set of information including a cookie number, time and date of page view and a description of the page on which the Web Beacon resides.
IP Addresses. Our web server automatically records and subsequently tracks and recognizes the user’s IP address and the Web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use IP addresses collected to help diagnose problems with our servers and to better serve you.
No Information Collected from Children. Company will never knowingly collect any Personal Information about children under the age of 13. If Company obtains actual knowledge that it has collected Personal Information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not collect such information, Company has no such information to use or to disclose to third parties.
3. How We Use the Information Collected.
Providing Services and Payment for Advertising. We use the information we gather on our Website for the purposes of providing the services, improving our Website and its ranking in the internet search fields. We also use the information to distribute articles about products and services that are of interest to you. We use the information to obtain payment from advertisers. Finally we use the information to provide you with customer service.
Improving our Website. We use the information we gather on the Website to respond to any inquires you make; operate and improve our Website, improve and create a positive user experience; and obtain payment from owners of the products and services advertised on our Website. Our services include the display of personalized products, content, and advertising relating to your experience and interests. The information we gather on this Website may be shared with other companies under common ownership with ours throughout the world.
Public Posting. Information you post in public areas of our Website or place in the searchable database will be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. By providing your personal information for inclusion in our database, you acknowledge that you consent to your information being used as described here. While use commercial industry standards to safeguard your information from unauthorized access or inappropriate use by third parties, we do not control these third parties and we are not responsible for their use of information you post or otherwise make available in the public areas of our Website. Please be sure you do not post sensitive information in these areas.
4. Disclosure of Information to Others.
We disclose to third parties throughout the world your personal information, combined personal, demographic, behavioral or indirect information, as set forth below:
Product and Service Delivery. We may share your information with third parties for the delivery the products and services you have requested. We disclose information to companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our Website, analyze our data, and provide marketing assistance, process credit card payments, advertisers and customer service. These companies and individuals may not share that information with any other third party or use that data for any other purpose.
Third Party Products and Services. We may disclose such information to third parties to provide you with information about the opportunities, products or services of third parties. We use the data and data logs we have about you, including interests and preferences you have expressed, to determine whether you might be interested in the opportunities, products or services of a particular third party. This type of marketing may be in the form of email or mobile offers sent to you by third parties or their agents.
Anonymous information. We also share aggregated anonymous information about you and other persons using our Website with third parties so that they can understand the kinds of visitors to the Website and how those visitors use the Websites. This includes demographic information and behavioral information.
Legal Process. We disclose information if legally required to do so, or at our discretion pursuant to a request from a governmental entity or if we believe in good faith – after considering your privacy interests and other factors – that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Acquisition or Merger. We may disclose and transfer information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court. You will be notified of the sale of all or a substantial portion of our business to a third party by email or through a prominent notice posted on the Website.
Again, in each of these situations, the recipients of your data may potentially be located in any country in the world.
5. Third Party Use of Your Information.
Third parties also collect and use information about you on our Website in the following ways:
Advertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies who place advertisements on the Website and on the internet generally may use their own cookies, web beacons, and other technology to collect information about you. We do not control the use of such technology and have no responsibility for the use of such technology to gather information about you.
Hyperlinks. Our Website and email messages sometimes contain hypertext links to the websites of third parties. We are not responsible for the privacy practices or the content of such other websites. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization.
6. Removal of your information – Opting Out.
We endeavor to safeguard and protect your information. When you submit information at the Website, such information is protected both online and offline. The servers in which we store Personal Information are kept in a secure physical environment. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. Currently, We use Secure Socket Layer Software (“SSL”) to protect data and to secure any transactions. SSL encrypts information, including credit card numbers, names and addresses as they are transmitted over the Internet. Please be advised that, although We take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, any transmission of data at or through this Website is at your own risk. We accept no liability for any breach of security or any unintentional disclosure, loss or misuse of any such information or data or for the actions of any third parties that may obtain any such information or data.
8. Changes to Privacy Statement
We reserve the right to make material changes to the substance of this Privacy Statement. We will post those changes through a prominent notice on the Website so that you will always know what information we gather, how we might use that information, and to whom we will disclose it. Each policy or change is enforced from the date of posting forward. Your continued use of the Website constitutes your agreement to the posted policy.
9. California Resident Rights.
California law permits California residents who provide personal information in obtaining products or services for personal, family, or household use to request certain information regarding third parties to whom their information was shared once a calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information from us, please send an email message to [insert email address] or at the address below with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. In addition, California Residents have the right to know how we respond to their web browser “do not track” signals or other mechanisms. We do not respond to such signals or other mechanisms.
10. Contact US With Any Questions.
Please do not hesitate to contact us with any questions or requests you have regarding our services or this Privacy Statement.