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Welcome to ResearchTrail.com ("ResearchTrail™"). ResearchTrail™ is owned and operated by ResearchTrail Ltd. (the "Company", "we", "our" or "us"). Please read carefully the following terms and conditions (the "Terms" or "Terms of Use"), because they constitute a binding agreement between you and the Company. By accessing ResearchTrail™ or by using it in any other manner, you signify your acceptance of these Terms. If you do not agree to these Terms of Use, you may not access ResearchTrail™ or use it in any other manner. Please feel free to submit any questions that you may have regarding the Terms to info@ResearchTrail.com. Description of the Services ResearchTrail™ is a venue in which research experts and users alike may publish their strategies for online research. These strategies are portrayed using our innovative user interface. We call such a strategy a ResearchTrail™. Amongst its features, ResearchTrail™ offers you the opportunity to benefit from the experience of other users, keep track of the searches that you conduct ("Search Queries"), plan your own search Strategy ("Strategies"), share it with other users and discuss different Strategies with other users. Acceptable use of ResearchTrail™ As a condition of use, you are obligated not to use the ResearchTrail™ website for any purpose or in any manner that is unlawful or prohibited by these Terms of Use. While using ResearchTrail™ you agree to refrain from willfully, or carelessly - (1) Interfering with, burdening or disrupting the functionality of ResearchTrail™; (2) Breaching these Terms or any other applicable instructions that we may convey; (3) Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from ResearchTrail™ or for the purpose of accessing ResearchTrail™ in a manner that sends more request messages to the ResearchTrail servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (4) Transmitting via the ResearchTrail™ website, or to any ResearchTrail™ user, any content which contains software viruses or other harmful computer code, files or programs. (5) Displaying ResearchTrail™ website pages or any part thereof in an exposed or concealed frame in another website; except that you are allowed to embed a Trailmap™ in any web page if we specifically provided the HTML code to do that. (6) Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation; (7) Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; (8) Performing any action that might artificially alter a Search Strategy's or other service's count, including but not limited to the creation of separate user accounts for the purpose of altering or inflating a service's count; (9) Linking directly to any file or other element that appears in or forms part of a ResearchTrail™ web page; except that you are allowed to embed a Trailmap™ in any web page if we specifically provided the HTML code to do that; (10) Collecting, harvesting, obtaining, or processing personal information of or about other users, including account usernames and e-mail addresses, without their explicit consent. (11) Posting or transmitting, or causing to be posted or transmitted, any communication or solicitation designed or intended to obtain a password, account details, or private information from any ResearchTrail™ website user; (12) Abusing, harassing, threatening, impersonating or intimidating other ResearchTrail website users. Age Restriction Use of ResearchTrail™ is intended for persons 13 years of age or more. By using, accessing or registering with ResearchTrail™ you hereby declare that you are 13 years of age or older. If you are under the age of 13 you must avoid any use of ResearchTrail™. Registration Certain Services on ResearchTrail™, such as creating, saving and sharing search Strategies or search results and posting any kind of information on the website, are available to registered users only. When you register with ResearchTrail™ we will ask you to choose a username and to provide personal details such as your e-mail address. You must submit only true and accurate details. False or incorrect details may prevent your registration and impair our ability to provide you with Services and contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the required data in these fields, you will be unable to register with ResearchTrail™. By submitting the registration form, you represent and warrant that the details you provide adhere to these Terms. To login, you must use your personal username and password. We may establish and require from time to time additional or different means of identification for logging in and accessing certain Services. Please maintain your username and password in absolute confidentiality and refrain form disclosing them to others. Make sure you change your password frequently and at least once every six months. You are fully accountable for any outcome resulting from your failure to provide true, accurate details during the registration process, and for any use (or misuse) of your account on ResearchTrail™ as a result of conveying your details to someone else. We may deny or cancel any individual subscription, for any reason, at any time and at our sole discretion. We may notify you that we canceled your subscription by sending a message to the e-mail address that you provided during the registration process. The cancellation shall come into effect on the date stated in the message. Such notification may come into effect immediately as we see fit in our sole discretion. Your content on ResearchTrail™ We may offer a variety of services and ways to use the content you submitted to ResearchTrail™. You may create a Strategy or any other kind of content, save it, upload it, distribute it, transmit or otherwise make any of your content available through ResearchTrail™ (for the purpose of convenience we shall refer to these actions as "posts" or "posting"). We do not warrant or guarantee that any content that you wish to post on ResearchTrail™ will be posted or that we shall post it indefinitely. We also reserve the right to remove any content from ResearchTrail™, even if it was previously published online. You are fully accountable for any consequences that might result from posting your content on ResearchTrail™. You must ensure that such content and its use on ResearchTrail™ are lawful. Among other things, you must not post any content on ResearchTrail™ which may be reasonably deemed to be - (1) An infringement or a violation of intellectual property rights of others, including copyrights and trademarks; (2) False or misleading; (3) Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious, false or misleading applications; (4) Encouragement, support, assistance, provision of instructions or advice to commit a criminal offence, under the applicable laws; (5) Defamation of a person or intrusion of a person's privacy; (6) Commercial content, including advertisements, sponsorships, endorsements and public relations material, unless you received our prior written consent, and subject to the terms of our consent; (7) Information the posting of which is prohibited by any applicable law, including court restraining orders; (8) Abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; (9) Passwords, usernames and other details enabling the use of computer software, digital files, Internet sites or services, requiring registration or charge, without such payment or registration. Researchers Forum We encourage free speech and open discussion on ResearchTrail™. Users may post comments about Strategies or other content in the Researchers' Forum ("Forum") or in other sections of ResearchTrail™ we designate for that purpose. You may find some of the comments posted therein inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. You should always bear in mind that it is not our content, but rather ResearchTrail™'s users' content. We do not endorse any user content when it is published on ResearchTrail™ and its publication does not attest to our acceptance of it. However, we reserve the right to review posted content and delete it in order to prevent misuse of ResearchTrail™, or when we deem the content to be in breach of these Terms, whether as a result of a person's complaint, or on our own initiative. Under no circumstances shall any of the above be construed as an obligation on our behalf to review or monitor users' content on ResearchTrail™. We encourage you to treat content posted on the Internet, including the Strategies or any other content and user comments posted on ResearchTrail™, with caution and discretion. Such Strategies, content and comments are not posted on our behalf and we are not responsible for their credibility, authenticity, accuracy or integrity. Bear in mind that such content does not supersede consultation with appropriate professionals, whenever required. Links to Other Sites ResearchTrail™ and the search results it provides may contain links to other web sites. We do not operate or monitor these websites. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse or sponsor its content, or confirm its accuracy, reliability, validity, or legality. The ResearchTrail website is reorganized from time to time. We cannot guarantee that a link to information previously on our website will always work and that the information will always be available at its previous location or at any other location on our website. Privacy We respect your privacy. Click here to read ResearchTrail™'s current privacy policy. Our privacy policy is incorporated by reference in these Terms of Use. Given that the privacy policy may change from time to time, it is recommended that you read it periodically. Advertisements ResearchTrail™ may include paid advertisements. By clicking the advertisements you may be transferred to a website of an advertiser or receive other messages, information, or offers from the advertiser and from others. We are not responsible for the privacy practices of the advertisers, or the content of their websites, information, messages, or offers. You are fully accountable for all communications with the advertisers and for all transactions that take place subsequently. Uniform Resource Locators ("URL's") that search Strategies include, may refer to commercial websites. We may add to such URLs designated code that identifies us as the source of traffic if we are participating in an affiliation program with the destination website. You are advised to treat referrals to ResearchTrail affiliation partners as advertisements. Intellectual Property All rights, title and interest in and to ResearchTrail™, except - as provided below - in and to users' content on ResearchTrail™, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by or licensed to ResearchTrail™. The content on ResearchTrail™is subject to intellectual property rights. Neither you, nor a third party acting on your behalf, may copy, distribute, display or perform publicly, sublicense, decompile, disassemble, convert to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, combine with other software, modify, or create derivative works of any of the content on ResearchTrail™, in any way or by any means whether electronic, mechanical, optical or other, other than expressly permitted in these Terms, with the sole exception of content you have yourself posted to ResearchTrail™ and to which you hold the copyright or a sufficient license from the copyright holder. As stated earlier in these Terms, you are allowed to embed the Trailmap™ of any strategy in any web page if we specifically provided the HTML code to do that. You may not remove, erase, or distort any message or sign pertaining to ownership rights - such as a Copyright mark [©] or Trademark [® or ™] - accompanying content you are using on ResearchTrail™. We do not claim ownership over content that you post on ResearchTrail™. To the extent such content is protected by Intellectual Property law, and as long as you are the author or lawful owner of such content, you retain all title to it (except for its manifestation through our proprietary user interface, which we retain all title to). Please note: when you post it to ResearchTrail™, you represent and warrant that you are the rightful owner of all rights in that content, or that you are licensed by the owners of such rights to post such content on ResearchTrail™. By posting Strategies, Search Queries and any other content to ResearchTrail™, you grant us a royalty-free, worldwide, non-exclusive and perpetual license, for an unlimited period of time, to copy, distribute, display publicly, sublicense, decompile, disassemble, convert to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, combine with other software, modify and create derivative works of that content on ResearchTrail™, and in other communication and information networks, platforms, applications and Services, as well as in printed publications and as part of physical products. This license will continue to govern the use of any Content you have posted to ResearchTrail™ in the event of termination or expiration of these Terms. ResearchTrail, TrailMap, KnowledgeTrail, and other ResearchTrail graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade names of ResearchTrail. ResearchTrail's trademarks and trade names may not be used, including as part of trademarks or as part of domain names, in connection with any non-ResearchTrail product or service in any manner without our explicit permission in writing. Changes and Availability We may from time to time change ResearchTrail™'s layout, design or display, as well as the scope and availability of the content and Services therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that we do not assume any responsibility with respect to or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom. ResearchTrail™'s availability and functionality depend on various factors and elements, such as software, hardware, communication networks, and our contractors and suppliers. We do not warrant or guarantee that ResearchTrail™ will operate without disruption or interruption, or that it will be immune from unauthorized access or error-free. Termination of ResearchTrail™'s operation We may at all times, at our sole discretion, discontinue the operation of ResearchTrail™, or any part thereof, temporarily or permanently. We may not give any notice prior to such discontinuance. At any time, we may block, remove, or delete any content from ResearchTrail™, without maintaining any backup copy. DISCLAIMER OF WARRANTY YOU ACKNOWLEDGE AND AGREE THAT RESEARCHTRAIL™ IS PROVIDED FOR USE AS IS, AND THEREFORE YOU WILL NOT HAVE ANY COMPLAINT, CLAIM, OR DEMAND, WHETHER BASED UPON CONTRACT LAW, TORT LAW, OR ANY OTHER CAUSE OF ACTION VIS-a-VIS THE COMPANY WITH RESPECT TO RESEARCHTRAIL™, ITS PROPERTIES, ABILITIES, LIMITATIONS, OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF RESEARCHTRAIL™ IS ACCORDINGLY BEING MADE AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, OR ACCURACY. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF RESEARCHTRAIL™ OR INFORMATION AND CONTENT OBTAINED THROUGH IT. WE DO NOT WARRANT THAT THE STRATEGIES WILL BE UP TO DATE; STRATEGIES ARE TIME SENSITIVE AND THEREFORE RELEVANT TO THE DATE OF THEIR ORIGINAL PUBLICATION. WE DO NOT WARRANT THAT RESEARCHTRAIL™ WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS. USE OF INFORMATION OBTAINED THROUGH RESEARCHTRAIL™ IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. LIMITATION OF LIABILITY WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH ,THE USE OF OR THE INABILITY TO USE RESEARCHTRAIL™, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF RESEARCHTRAIL™, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON RESEARCHTRAIL™ INCLUDING STRATEGIES OR ADVICE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE LIMITED TO THE CORRECTION OF SUCH ERRORS OR MALFUNCTIONS, OR A FULL OR PARTIAL REFUND, IN OUR SOLE DISCRETION AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES, OF SUBSCRIPTION FEES, IF CHARGED. SITES REACHED VIA LINKS FROM THE RESEARCHTRAIL WEBSITE DO NOT BELONG TO RESEARCHTRAIL, AND WE CAN ACCEPT NO RESPONSIBILITY FOR THE VALIDITY OR TIMELINESS OF THE INFORMATION IN THEM. RESEARCHTRAIL DISCLAIMS ANY LIABILITY, UNDER ANY CIRCUMSTANCES, ARISING ON ACCOUNT OF THE INFORMATION AND SITES LINKED TO FROM THE RESEARCHTRAIL WEBSITE, INCLUDING THE COMPLETENESS, RELIABILITY, ACCURACY, AND TIMELINESS OF SUCH SITES AND INFORMATION. IF YOU RELY ON INFORMATION ACCESSED VIA A LINK FROM THE RESEARCHTRAIL WEBSITE YOU DO SO SOLELY ON YOUR OWN RESPONSIBILITY. Indemnification You agree to indemnify, defend, and hold harmless us, our managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, at your own expense, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand arising from or in connection with your use of ResearchTrail™, or your breach of these Terms, or any other rules or regulations applicable to ResearchTrail™, or your violation or infringement of other persons' rights. General These Terms constitute the entire agreement between you and us with respect to the use of ResearchTrail™ and supersede any and all other agreements. No waiver, concession, extension, representation, alteration, addition, or derogation from these Terms or pursuant hereto shall be effective unless consented to explicitly and executed in writing by an authorized representative of ResearchTrail™. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms. Changes to Terms of Use ResearchTrail may from time to time change these Terms of Use without prior notice. You may at any time read the most recent version of the Terms of Use by clicking the appropriate link from the ResearchTrail website's pages. You agree to be bound by any of the changes made in these Terms. Failure to read and become familiar with the current Terms of Use does not exempt you from complying with them. Interpretation The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Severability If any provision of these Terms is held illegal, invalid, or unenforceable by a competent court, than the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full effect and force. Survival The provisions of the intellectual property, disclaimer of warranty, limitation of liability, and indemnification sections shall survive the termination or expiration of these Terms. Governing Law and Jurisdiction These Terms and the relationship between you and us shall be solely governed by the laws of the State of Israel. The competent courts located in the Tel Aviv District, Israel, shall have sole jurisdiction over any claim in connection with ResearchTrail™ or the Services and with respect of any matter relating to the validity, applicability, performance, or interpretation of these Terms. You agree to the jurisdiction of the above mentioned courts, agree to accept Services of process by mail or by e-mail, and hereby waive any jurisdictional, conflict of law, or venue defenses otherwise available to you. |
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