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17 February 2003
Lipman Electronic Engineering Ltd.
Legal Disclaimer Agreement
PLEASE READ THIS AGREEMENT BEFORE USING THIS WEBSITE.
Welcome to this Lipman Electronic Engineering Ltd. website. Lipman Electronic Engineering Ltd. (“Lipman,” "us" or "we") maintains this website (the “Site”) as a service to its users ("you"). It is important to the use of our Site that that everyone who visits and uses it complies with rules we believe will make the visit more useful and enjoyable. Therefore, by using this Site, you are agreeing to comply with and be bound by all of the terms and conditions of use described in this User Agreement (“Terms”). Please read the following Terms carefully. If you do not agree to all of these Terms, you should not use or visit our Site. ANY USE OR ACCESS OF THIS SITE BY YOU IS AN UNCONDITIONAL ACCEPTANCE BY YOU OF ALL OF THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO EACH OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. EACH TIME YOU USE THE WEB SITE, THE TEXT OF THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE WEB SITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
1. Your Acceptance of this Agreement. You agree to all of the terms and conditions set out in this User Agreement ("Agreement") with respect to our Site. This Agreement constitutes the entire and only agreement between Us and You as a user of our Site and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Site. You agree to review and agree to the Terms of this Agreement prior to using this Site. We may amend this Agreement at any time without advance notice to You. You agree to review and be bound by the terms of the posted Agreement prior to using our Site. You also agree to abide by all additional copyright notices, information, or restrictions contained in on the Site.
Legal Rights.
2. Content. The term “content” as used in this Agreement includes all text, graphics, music, information, data, databases, source code, and all other audible, visual, and downloadable material, as well as the selection, organization, coordination, compilation, digital conversion, overall look and feel and other matters related to or on one our Site (hereafter collectively referred to as “Site Content”). All Site Content is owned by us or authorized third parties and is protected under applicable domestic and international copyright, trademark and other proprietary rights laws (including but not limited to intellectual property), as well as all applicable contract laws, whether such laws are now in existence or later come into existence. The use, copying, distribution, display, downloading, transmission or publication by You of any Site Content or any part of the Site, except as expressly authorized under the terms of this Agreement, is strictly prohibited and will be prosecuted to the full extent of the law. You do not acquire ownership rights of any kind to any Site Content. You agree to abide by all copyright notices, information, or restrictions contained in any Site Content accessed through the Site.
3. Trademarks. The marks LIPMAN™, NURIT®, NURIT APPS™, LIPMAN TRANSACTION SOLUTIONS™, DO BUSINESS BETTER™, the WIRELESS, LANDLINE, SECURITY, SELF SERVICE, PIN Pads, SECURITY, and WEB READY graphic navigation logos, and other marks appearing on the Site are trademarks and service marks owned by Lipman. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress (collectively, “trademarks”) of Lipman. The business names, trade names, brands, logos and other indicia of origin used for products, services, business or organization names displayed on our Site are trademarks of Lipman or its suppliers, licensors or by other authorized third parties. You agree that you will not copy, imitate or use any of these trademarks, in whole or in part, without the prior written permission of Lipman or the appropriate owner of these trademarks, service marks or trade dress.
4. Limited Rights of Use. The permission granted by Us to You to use, view or download any Site Content is a limited, nonexclusive license for the viewing, downloading and use of Site Content solely by You for your own lawful personal or internal business use and not for reproduction, republication, modification, distribution, publication, display, transmission, assignment, sublicense, sale, lease, preparation of derivative works or other use. All other rights are reserved by Us and are not part of the license to You. You further agree that you will not (a) alter, delete or otherwise tamper with any copyright management information contained or associated with any Site Content, or (b) use, frame or utilize framing techniques to enclose or pop-up any Lipman Site Content or trademarks without our express written consent, or (c) use any metatags or any other "hidden text" utilizing any Lipman Site Content, trademarks, service marks or logos without our express written consent. You agree that any violation of this Section by You will cause Us immediate and irreparable harm for which We shall be entitled automatically for temporary and permanent injunctive relief, in addition to all other available legal and equitable remedies.
5. Linking License. You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray Us or any of our or our vendors’ names, products or services, or the names, products or services in a false, misleading, derogatory or otherwise defamatory manner. You may not use an Lipman mark or other proprietary graphic of Lipman to link to this Site without the express prior written permission of Lipman. This limited right may be revoked at any time. You agree that any violation of this Section by You will cause Us immediate and irreparable harm for which We shall be entitled automatically for temporary and permanent injunctive relief, in addition to all other available legal and equitable remedies.
6. Postings and Unsolicited Submissions. You may not use any third party collaborative browsing or display technologies, such as Gooey, Gator.com, or Third Voice in connection with your use of the Site or to post any comments, communications or other data of any kind to or on the Site with the intention that such postings be viewed by other users of the Site. If you send us any unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved services or technologies, product enhancements, processes, materials, marketing plans, or new product, service or business names (“Submissions”) to Our Site or to Us, you automatically grant (or warrant that the owner of the Submissions grants) to Us and Our assigns a perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Lipman or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favor of Lipman and its assigns.
7. Use of Forums. We may make available for Your use interactive message boards or chat rooms (“Forums”) which permit You to post, download or upload information or material for discussion purposes. You agree that you shall not upload to, or distribute or otherwise publish on the Forums or anywhere else on any of our Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material, including any material that violates any intellectual property laws. You agree that you will use The Forums only for noncommercial purposes. You shall not, without Our express approval, distribute or otherwise publish or transmit any material containing any solicitation of funds, advertising or solicitation for goods or services on any Forum. You are solely responsible for the content of Your messages. However, while We do not and cannot review every message posted by You on the Forums and We are not responsible for the content of your messages, We reserve the right to delete, move, or edit messages that we believe in Our sole discretion are abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. You acknowledge that any submissions made by You to the Site may be edited, removed, modified, published, transmitted, and displayed by Us, and You hereby waive any moral rights, personal rights, publicity rights and all other rights you may have in having the material used, altered or changed in a manner not agreeable to you. All Forums are intended as publicly available media, and You therefore should not have any expectation of privacy in connection with the posting or use of such Forums, or any messages posted on the Forums. Further, all material posted on the Forums is publicly accessible and therefore not subject to confidentiality.
8. Other Limitations On Use Of The Site. In using any of our Site, you also agree not to: (a) disrupt or interfere with the security of, or otherwise abuse the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web Site, (b) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web Site, (c) upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files, (d) use or attempt to use another's account, service or system without authorization from Us, or create or use a false identity on this Site (e) transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings, or (f) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access. You also agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
9. Changes to the Site. We reserve the right in Our sole discretion to edit or delete any documents, information or other Site Content without advance notice to You. We also may change, suspend or discontinue any aspect of the Site, including any service of the Site, at any time and without advance notice, including the availability of any service feature, database, or Site Content. We also may also impose limits on certain features and services or restrict Your access to parts or all of the Site without notice to You or liability to Us.
10. Personal Information and Privacy. Lipman collects, uses and discloses personal information in accordance with Our Privacy Policy below. By accepting this Agreement, and each time you use the Site, you consent to Lipman’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.
11. Indemnification. By using the Site, You represent, warrant and agree that (a) no materials of any kind submitted by or through You will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) you will not engage on our Site in any other prohibited activity identified in this Agreement. You hereby agree to fully indemnify, defend and hold harmless Us and all of Our officers, directors, owners, employees, agents, information providers, parents, affiliates, subsidiaries, agents, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by You of this agreement or any of the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claims. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter subject to indemnification by You, including agreeing to any settlement of the claim.
12. Security. We may require or request all visitors of the Site or portions of the Site to register with us so that we may know certain information about You (Please see Our Privacy Policy below, about what information we may collect and how we may use it). As part of the registration process, You may be asked to select or You may be given a password and/or a subscriber ID. You also may be required to give us certain registration information, all of which must be accurate and updated. In such situations, (a) You may not (i) select or use a password or subscriber ID of another person with the intent to impersonate that person; (ii) use a password or subscriber ID in which another person has rights without such person's authorization; or (iii) use a password or subscriber ID that We, in Our sole discretion, deem offensive. Because security is such an important issue, any failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of Your account; and (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Lipman. You agree to promptly notify Us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password, subscriber ID or credit card information. You are responsible for all usage of the Site under Your password or subscriber ID, including use of the account by any third party authorized by you to use your subscriber ID or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Our sole discretion, and We may refer you to appropriate law enforcement agencies.
13. Nontransferable Rights. Your rights to use the Site, Your password and Your subscriber ID are not transferable. Any password, subscriber ID or right given to You for use of Site Content or any service provided on the Site cannot be transferred to any person or entity. Any attempted transfer by You shall be null and void, and may be grounds for the termination of all of Your rights to access and use the Site. Notwithstanding the foregoing, authorized corporate users can use the same password and subscriber ID number for each authorized user employed by the organization, provided that we are notified of the name(s) of each authorized user.
14. Copyright Compliance. We respect the intellectual property of others. If you believe that any work owned by You has been copied onto or used on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent and provide the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that You claim has been infringed;
c. A description of where the material that You claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. 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 the party authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By email:
15. Illegal Activity Prohibited; Compliance with Laws; Fraud. The Site and Site services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and its services, including in regard to purchasing Site Content, products and services. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate or use the password or subscriber ID of, or use the credit card any other authorized User. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
16. Investigation and Disclosure of Information. We have the right, but are not obligated, to monitor any activity and content associated with this Site. We may investigate any reported violation of Our policies or complaints and take any action that We deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any Content on the Site, and reserves the right and has absolute discretion, to remove, screen or edit any Site Content that violates these provisions or is otherwise objectionable. We also reserve the right to report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, and to protect Our systems, business and users, We may access and disclose for such purposes any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
17. Links to Other Websites. This Site contains links to other websites. We are providing these links merely as an accommodation to Our users, and We are not responsible for the content, accuracy, timeliness, activity, conduct, or opinions expressed in such linked websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by Us. If you decide to leave Our Site and access any of these third party websites, you do so at your own risk.
18. Disclaimers and Limitations of Liability. Your use of the Site and all material on the Site is at your own risk. Lipman disclaims all liability in connection with your use of the Site.
Lipman is under no obligation to verify the identity of users of the Site. Further, Lipman does not warrant or represent that (a) the Site will be compatible with your computer and related equipment or software, (b) the Site will be available at all times for use or that it will operate error free or without interruption, (c) the Site will meet your requirements, (d) the information in the site will be timely, accurate, complete, or sequential, (e) certain results may be obtained or derived through use of the Site, or (f) the use of the Site, including the browsing of it or downloading of any information, will be free of viruses, trojan horses, worms, or other destructive or disruptive components. Without limiting the foregoing, and in addition to all other disclaimers and limitations of liability identified in this Agreement, You acknowledge and agree that ALL SITE CONTENT IS PROVIDED "AS-IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE CONTENT, MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS, INTELLECTUAL PROPERTY VIOLATIONS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATES, INCLUDING ALL CONTENT PROVIDERS AND MERCHANTS, EXPRESSLY DISCLAIM AND SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER SITE CONTENT PROVIDED ON THE SITE. MOREOVER, NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, RECENCY, COMPLETENESS, ADEQUACY, RELIABILITY, SUITABILITY OR APPLICABILITY OF ANY SITE CONTENT TO A PARTICULAR SITUATION, OR AS TO THAT OF ANY THIRD PARTY WEB SITE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF ANY SITE CONTENT, OF THIS SITE, OR THE ACCESS OR USE BY YOU OF ANY LINKED THIRD PARTY SITE, INCLUDING BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATES ARE NOT LIABLE FOR LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY LIPMAN, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, ITS LICENSORS’ OR A USER'S OWN ERRORS AND/OR OMISSIONS. LIPMAN ALSO DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH ANY SITE WILL BE MAINTAINED. LIPMAN ACCORDINGLY ALSO DISCLAIMS ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND ARE INTENDED FOR INFORMATIONAL USE ONLY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
19. Termination. We may terminate or suspend your access to or use of all or part of the Site at any time for any reason, with or without cause. You are responsible for all charges incurred up to the time the account is deactivated.
20. Miscellaneous. (a) This Agreement shall be treated as though it were executed and performed in and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). (b) Any cause of action by You with respect to the Site or any Site Content or Site services must be instituted within six (6) months after the cause of action arose or shall be forever waived and barred. All actions shall be subject to the limitations set forth in Section 19 and as otherwise identified in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All actions shall be brought in the appropriate state or federal court located in New York, New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. (c) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect, and a court of competent jurisdiction shall have the right to reform the invalid or unlawful portions of this Agreement to make them valid and enforceable. (d) To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. (e) Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. (f) We are not Your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for Our sole and exclusive benefit. (g) Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Our right to subsequently enforce such provision or any other provisions of this Agreement. (h) This Agreement constitutes the entire and only agreement between Us and You regarding its subject matter, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, payment for such goods and services, and the subject matter of this Agreement.
Privacy Policy
Lipman Electronic Engineering Ltd. (“Lipman,” “we,” or “us”), is committed to protecting the privacy of the visitors to our site (the “Site”). This Privacy Statement discloses Lipman’s privacy practices and applies to information we collect via the Site and also to information we collect. The purpose of this statement is to inform you as to:
• What kind of information Lipman collects and how such information is collected;
• How the information is used by Lipman;
• Whether Lipman discloses any user information to third parties;
• How “cookies” are used on the Site;
• How you can access, update or delete any information collected about you by Lipman; and
• The security procedures implemented by Lipman to protect your personal information.
Lipman may change this policy from time to time. If so, any such changes will be posted on this page, so that Lipman may keep its users informed of its information collection practices. Accordingly, we recommend that you consult this page frequently so that you are aware of our latest policy.
1. Collection And Use Of Information By Lipman: It is Lipman's policy to fundamentally respect and protect the privacy of visitors to the Site. We use your information on an aggregated basis to do such things as operate the Site, enhance and improve our service and sell and deliver advertising and merchandise. We also use this data to enhance your onsite experience by displaying promotions, advertisements and content that we believe will be of interest to you. We may also use the data you provide to tailor your experience on our site, to display content we think may be of particular interest to you, or to let us customize what you see when you visit our site according to your preferences.
Lipman also collects personally identifiable data, such as names, addresses, e-mail addresses and the like, unless a visitor affirmatively “opts out” of providing such information when registering for one of our sweepstakes, subscriptions, surveys, or other form of online promotion by checking or un-checking the appropriate box, as the case may be. Unless you affirmatively opt out, you agree that we may use your personal information to contact you, via any medium for which you have provided us with data, with updates regarding the Site and regarding other promotions, products, or services we believe may be of interest to you.
2. Disclosure Of Information To Third Parties: Information we collect may be accessed by Lipman and/or third parties with whom Lipman does business, unless you affirmatively opt out of receiving information from or about such third parties. The use by of the information by third parties is subject to such separate privacy policies of such parties and is not controlled by Lipman.
3. Cookies: What are cookies? - A "cookie" is a small line of text that is stored within your web browser when you visit a website. As you browse the Web, cookie-enabled sites will send cookies to your browser, along with pages. Your browser probably has options that will let you control whether the browser accepts cookies, rejects cookies, or notifies you each time a cookie is sent to you. We use cookies on the Site for a number of reasons. First, cookies can help us provide information that is targeted to your interests. Second, cookies allow us to better understand how users use the Site, which in turn helps us focus our resources on features that are most popular with our users.
4. Controlling Or Changing Your Information: If you do not want to receive email from Lipman in the future, please let us know by sending us an email at:
5. Links To Third Party Sites: The Site may contain links and references to other websites and organizations beyond our control. Please note that different rules may apply to the collection, use or disclosure of your information by third party service providers or vendors or any other sites you encounter on the Internet (even if these sites contain other brands that are co-branded with our branding or framed by the Site). We encourage you to investigate and ask questions before disclosing information to any such third parties.
6. Security: We maintain reasonable and appropriate safeguards to ensure the security, integrity and privacy of personal information in our possession. Although your privacy is very important to us, due to the existing legal and technical environment, we cannot fully ensure that your personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries.
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