Terms of Service
Last updated: March 30, 2023
By accessing any areas of (www.drypalcase.com) (the “Website”), purchasing any products (“Products”) from Drypal, collectively with the Website, (the “Platform”), you agree to be bound legally and to abide by the terms and conditions addressed below (these “Terms”), including any modifications to them. Certain features of the Website may be subject to additional terms, which will be posted on the Website in connection with such features and are incorporated by reference into these Terms.
THESE TERMS GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 13 YEARS OF AGE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, PLEASE DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THESE TERMS ALSO INCLUDE A LIMITATION OF LIABILITY (SECTION 3) FOR ALL CLAIMS FOR DAMAGES AGAINST DRYPAL THAT MAY ARISE OUT OF YOUR USE OF THE PLATFORM.
The Platform is owned and operated by Drypal. Any references herein to Drypal, www.drypalcase.com, “Drypal”, “we”, “our”, or “us” shall be deemed to refer to the Platform and/or Drypal, as applicable under the circumstances.
Note to social media users. When purchasing Products or Services from the Website, or social media pages, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms, any user’s agreement, or other terms imposed by that social media website, which may contain terms and conditions different from these Terms and Conditions.
All references in these Terms to “Drypal”, “www.drypalcase.com,” and/or “the Website” shall be deemed to include both the Website and any and all social media pages maintained from time to time by Drypal.
1) OUR PRODUCTS & TERMS OF SALE.
(a) Our Products. We offer a single product which is a shower phone holder through the Platform and through social media pages maintained by Us.
(b) Payment. All amounts due for purchases on the Platform are payable in full at the time of purchase as set out on the Platform, invoice, or an order form.
(c) Order registration. Your placement of an order does not guarantee that we will accept your order. We reserve the right to refuse any order at our sole discretion. In addition, before accepting your order, we may require additional information from you to complete your order. Only once a properly completed order is received, authorization of your form of payment is received, and we have accepted your order, we will promptly place your order.
(d) Pricing and Availability. All prices for Products (and the associated costs for tax) are shown in U.S. dollars. Your credit card provider may impose foreign exchange fees, conversion fees and other fees. Drypal is not responsible for such fees and will not reimburse you for any such fees incurred. Drypal's Products are subject to availability and we reserve the right to impose limits on any order, to reject all or part of an order, and to discontinue any of the Products without notice, even if you have already placed your order. Drypal may make promotional offers with different features and different rates to any of Drypal’s customers, at its sole discretion. All prices are subject to change without notice. You agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
(e) Terms of Payment. Drypal currently accepts Visa, MasterCard and American Express credit and debit cards, (collectively, “Payment Method”). By submitting your order, you represent and warrant that you are authorized to use the designated Payment Method and authorize us to charge your order (including taxes) to that Payment Method. If the Payment Method is invalid, cannot be verified, or is otherwise not acceptable, your order may be suspended or canceled automatically.
(f) Chargebacks. All references to a “chargeback” refer to a reversal of your Payment Method charge placed on this Platform. In the event you pay for Products using your Payment Method and subsequently “charge back” your purchase through your merchant account provider, Drypal reserves the right to terminate these Terms and all pending orders and transactions immediately, in addition to any and all available remedies at law or in equity. Unnecessary chargebacks are theft and can be prosecuted. If you fear that your Payment Method was used fraudulently, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT OR DEBIT CARD OR PAYPAL ACCOUNT ON THIS WEBSITE. IF YOU CHARGEBACK A CREDIT OR DEBIT CARD OR PAYPAL CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS WEBSITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK, IN ADDITION TO ANY AMOUNT THAT WAS CHARGED US BY THE CREDIT OR DEBIT CARD COMPANY OR PAYPAL FOR SUCH CHARGEBACK, BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT OR DEBIT CARD OR PAYPAL ACCOUNT OR HAVING THE CHARGEBACK TOTAL AMOUNT RECOVERED BY A COLLECTION AGENCY.
(g) Shipping Terms and Policies. If you order a Product, we will inform you of when you should expect your Product at time of purchase as shipping times can vary based on the Product purchased and its availability. All shipping times are estimates, and Drypal cannot guarantee to have orders delivered by the stated estimations on the Website. All shipping charges are your responsibility, unless waived by Drypal. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. All orders are shipped FOB shipping point, and we are not responsible for any shipping delays or problems once the Product has been shipped. Nevertheless, we may offer compensation for orders that arrive unusable. Drypal reserves the right to decide, at its sole discretion, which orders do apply for a refund/replacement of goods, and which orders do not.
(h) Back Orders. If for some reason a product on your order is temporarily out of stock, we will back order that item for you and ship the other products immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
(i) Refund and Exchange Policy. Drypal does not issue product replacements or refund orders unless decided otherwise. Drypal may decide to refund you or provide you with a product replacement only once you have followed all stated instructions on the Website. Once images of the product as well as the complaint is received by us, we will inspect the provided material and determine in our sole discretion whether the Product is in an unusable condition. If we believe the Product is in an unusable condition, we will send you a replacement Product of equal value to the faulty Product at no additional cost other than shipping fees, and may ask you to send us the faulty product back. Shipping fees and charges for sending the faulty product back to us are not paid by us, and are the customer's responsibility.
(j) Errors. We attempt to be as accurate as possible; however, we do not warrant that all Product descriptions, photographs, pricing, or other information on the Platform is accurate, complete, current, or error-free. In the event of an error, whether on this Website, in an order confirmation, in processing an order, in delivering a Product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel your order and refund any amount charged.
2) INTELLECTUAL PROPERTY RIGHTS.
(a) General. We are the owner of the licensee of all intellectual property rights in our Platform, including all source code, databases, functionality, software, website, designs, audio, video, text, photographs, and graphics in the platform (collectively "Site Materials"), as well as the trademarks, the service marks, and logos.
(b) Trademarks. You acknowledge that these Terms do not convey or grant you any rights to use or reference in any way Drypal's name(s), logos, trademarks, product names, and/or service names. All trademarks not the property of Drypal which may appear on the Platform are the property of their respective owners.
(c) The use of Marks and Identification. You agree that Drypal may identify you as a customer of Drypal and may use your name, likeness, logo, trademarks, trade names, and other similar identifying material in Drypal’s customer list, blog posts, press releases, advertisements, and Website.
(d) Copyright and Limited License. Unless indicated otherwise, this Platform and all content and other materials therein, including, without limitation, the logo, all designs, trademarks and service marks, text, graphics, content created by creators for Drypal, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Drypal or its respective licensors or users and are protected by international copyright laws. You are granted a limited, non-sublicensable license to access and use this Platform and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms and does not include: (i) any resale or commercial use of this Platform or Site Materials; (ii) the collection and use of any Product listings, pictures, or descriptions; (iii) the distribution, or public display of any Site Materials; (iv) modifying or making any derivative uses of this Platform and the Site Materials, or any portion thereof; (v) use of any data mining, robots, or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of this Platform, the Site Materials, or any information contained therein, except as expressly permitted on this Platform; or (vii) any use of this Platform or the Site Materials other than for its intended purpose. Any use of this Platform or Site Materials other than as specifically authorized herein, without the prior written permission of Drypal, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and communications regulations.
(e) Your Content. You own the rights to anything you post (your “User Content”) to the Platform, including text and photographs. By posting or transmitting any Content to the Website, you grant Drypal an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, display, transmit, distribute, publish, sublicense, copy, store, provision into and/or reproduce, and create derivative works from all User Content as part of the Platform. Products. You represent and warrant that you (i) own or otherwise control all rights to all User Content, or that the User Content is in the public domain, (ii) have the permission to use the name, likeness and identifying or personal information of each identifiable individual person in such User Content, and (iii) are authorized to grant all such rights to the User Content to Drypal. You agree that Drypal, in its sole discretion, has the authority to remove any User Content if the User Content is inaccurate, defamatory, vulgar, or otherwise inappropriate. If you feel that some User Content on the Platform is inappropriate or inaccurate, please inform the Drypal at firstname.lastname@example.org.
(f) Idea Submissions. Any questions, comments, suggestions, feedback, ideas, plans, drawings, notes, original or creative materials, or other information about Drypal, the Website, and our Products (collectively, “Ideas”) that you submit, whether posted to this Platform or provided to Drypal by email or otherwise are entirely voluntary, non-confidential, gratuitous, and non-committal. Drypal shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not have Ideas sent to us if you expect to be paid or want to continue to own or claim rights in them.
(g) DMCA. This Website is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact specified below:
Notification of Claimed Infringement:
Keren Hayesod 15, Pardes Hanna Karkur, Israel.
You may contact us for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will make sure to investigate those complaints. In case the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been removed or suspended.
In notifying us of alleged copyright infringement, the DMCA requires you to include the following information:
(i) full and detailed description of the copyrighted work that is the subject of claimed infringement; (ii) full and detailed description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) your contact information, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Not including all of the above-listed information may result in the delay of the processing of your complaint.
3) LIMITATIONS OF LIABILITY AND DISCLAIMERS.
(a) No Warranties Policy. You expressly agree that use of the Products we provide you is at your sole risk. Neither Drypal nor its affiliates, nor any of their members, managers, owners, directors, officers, employees, agents, merchants, licensees, licensors, assigns, subsidiaries, suppliers, partners, advertisers, sponsors, third-party content providers, or affiliates, including all parties involved in creating, producing, and/or delivering this Platform, Products or contents available on this Platform, or payments made through the Platform (collectively “Providers”), warrant that this Platform will be error free, nor do they make or promise any warranty as to any of the Products, or as to the accuracy, reliability, or currency of any content or service provided through this Website.
(b) Disclaimer of Warranties. YOUR ACCESS TO AND USE OF THE PLATFORM ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PLATFORM (INCLUDING THE ABILITY TO PURCHASE PRODUCTS) IS STRICTLY PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, DRYPAL DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY DRYPAL AND ITS PROVIDERS. DRYPAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS PLATFORM. DRYPAL DOES NOT WARRANT THAT (A) THE USE OF THIS PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH DRYPAL WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DRYPAL WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) DRYPAL OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE VIRUSES FREE, OR FREE FROM OTHER HARMFUL COMPONENTS.
(c) Limitation of Liability. IN NO EVENT SHALL DRYPAL’S AGGREGATE LIABILITY EXCEED THE LESSER OF THE AMOUNTS ACTUALLY PAID BY OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL DRYPAL OR ITS PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF REVENUE, PROFITS, DATA, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, DRYPAL, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR FOR ANY CONTENT, MATERIALS, PRODUCTS, OR OTHER INFORMATION OBTAINED FROM DRYPAL, OR FOR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF DRYPAL OR ITS PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD DRYPAL AND ITS PROVIDERS HARMLESS FROM ALL LIABILITIES, EXPENSES, AND CLAIMS, INCLUDING ATTORNEYS' FEES, THAT MAY ARISE FROM (A) YOUR USE, MISUSE OR INABILITY TO USE THIS PLATFORM OR FOR ANY CONTENT, MATERIALS, PRODUCTS OR OTHER INFORMATION OBTAINED FROM DRYPAL, (B) YOUR VIOLATION OF THESE TERMS, AND (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR CONSENT OF DRYPAL. DRYPAL WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
(e) Internet delays. USE OF THIS PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND THE DIFFERENT ELECTRONIC COMMUNICATIONS. DRYPAL AND ITS PROVIDERS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
(f) Force Majeure. In addition to any excuse provided by applicable law, Drypal and all its Providers shall be excused from liability for non-delivery or delay in delivery of Products that are available through this Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, accident, war, fire, natural disaster, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether similar to those which are enumerated above or not.
(g) Website Information Disclaimer. The content provided on the pages of the Platform may contain information related to different industries. The content is for general information only and may be updated by Drypal at any point without any notice. None of the opinions or facts on the Platform are given with the intent to substitute professional advice.
(H) International Use of Website. The Platform is accessible worldwide, and those who access this Platform do so on their own initiative and at their own risk. You are responsible for compliance with local laws in your country, including the taxation of Products Purchased over the Internet. Any Product offers made in connection with this Website is invalid where Website is prohibited.
(i) Health Disclaimer. THE CONTENT OF THE PLATFORM IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, NOT ADVICE OR GUARANTEE OF OUTCOME. THE PRODUCTS AND IDEAS PROVIDED ON THE PLATFORM DO NOT REPLACE MEDICAL OR PROFESSIONAL ADVICE OF A PHYSICIAN OR AN EXPERT. YOU SHOULD NOT USE THE PRODUCTS OR IDEAS SHARED ON THE PLATFORM FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM OR AS A SUBSTITUTE FOR MEDICATION OR OTHER PRESCRIBED BY YOUR PHYSICIAN OR HEALTH CARE PROVIDER. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT DRYPAL DOES NOT GUARANTEE THAT ANY PRODUCTS DRYPAL SELLS WILL PREVENT OR CURE ANY INFECTION OR DISEASE.
4) THIRD PARTY CONTENT.
(a) Materials on Third Party Sites. Drypal or the Website's users may provide third party content on this Platform and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. The Drypal does not control, endorse, or adopt any Third Party Site Materials and makes no promises or warranties that such sites are copyright(or other infringements) claims free, viruses free, accurate or complete. You acknowledge and agree that Drypal is not responsible or liable in any manner whatsoever for any Third Party Site Materials and takes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Sites and site Materials contained therein at your own risk.
(b) Third-Party Products and Services in the form of Advertisements and Promotions. Drypal may display advertisements and promotions from third parties on this Platform or may provide information about or links to different third-party products, platforms, and services. Your business dealing or correspondence with such third parties, and any terms associated with such dealings, are solely between you and such third party. Drypal is not responsible or liable in any way for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such non-Drypal advertisers or third party information that appears on this Website.
5) YOUR USE OF THE PLATFORM.
(a) Your Conduct. The Platform is available for your personal, and non-commercial use. Such use must be fair, and in compliance with all applicable laws, rules and regulations of the applicable jurisdiction and must not violate or infringe third party rights. Any unauthorized use of the Platform is a sharp violation of these Terms and potentially federal and state laws. Such violations may subject the unauthorized user and or its agents to civil and criminal penalties. Some examples of unauthorized activities on the Platform include:
- Impersonating on behalf of any person or entity or misrepresenting yourself;
- Stalking, threatening, harassing in any way or causing discomfort to other users of the Platform;
- Forging any TCP/IP packet header or any part of the header information in any email;
- Attempting to probe, scan, or test the vulnerability of Drypal's system or network in order to abuse any of the Platforms features. Or attempting to breach any security or authentication measures;
- Circumventing or attempting to circumvent any filtering, copy protection mechanisms and measurements, security measures, or any other features Drypal may adopt for the Platform, other users, or third parties;
- You shall not deep-link to any portion of the Platform (including, without limitation, the purchase path for any of Drypal's Products) for any purpose without Drypal’s express written permission.
(b) Your use of the Platform. The Products and Platform are provided only for your own personal use. You are fully responsible for all of your activity in connection with such services. You shall not (and shall not permit any third party to) (a) take any action or (b) post, upload, download, submit otherwise distribute or facilitate distribution of any of the content on our platform that: (i) infringes any trademark, copyright, patent, trade secret, right in confidential information, right of publicity or other right of any other person or entity; (ii) violates any law or contractual duty or that you know is false, misleading or inaccurate; (iii) is unlawful, threatening, abusive, harassing, deceptive, fraudulent, defamatory, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, profane, offensive, or otherwise inappropriate as determined solely by Drypal; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) involves commercial activities or sales without Drypal's prior written consent; (vi) contains software viruses or any other computer codes, programs, or files, that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage, or obtain unauthorized access to any system, data, password or other information of Drypal or any third party; or (vii) impersonates any person or entity, including any employee or representative of Drypal. Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Drypal in its sole discretion) an unreasonable or disproportionately large load on Drypal’s (or its third party providers’) infrastructures; (b) interfere or attempt to interfere with the proper working of the Platform, Products or any activities which are on the Platform; (c) bypass any measures Drypal may use to prevent or restrict access from users to the Platform (or other accounts, computer systems or networks connected to the Platform); or (d) run a form of auto-responder or “spam” through or on the Platform.
(c) Reverse Engineering. You agree not to manipulate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any aspect of the Platform for any reason—or to attempt or to assist another person to do so.
(d) Federal Regulation Compliance. Drypal may be deemed a provider of “interactive computer services” as defined by the Communications Decency Act. 47 U.S.C. Section 230. Pursuant to this law, Drypal is and shall not be responsible for User Content on the platform. Drypal's liability for causes of action that rise out of User Content is limited. You additionally agree to abide by all tax regulations, covenants, licenses, and restrictions applicable to your jurisdiction.
6) HYPERLINKS TO DRYPAL’S PLATFORM. You may be granted a limited, non-exclusive right to create text hyperlinks to this Platform for noncommercial purposes, provided such links do not portray Drypal in a false, misleading, derogatory, or otherwise defamatory manner and provided that the linking site does not contain any obscene, pornographic, or illegal material or any material that is offensive or otherwise objectionable. This limited right may be taken away from you at any time. You may not use Drypal's graphic properties such as logo to link to this Platform without our express written permission. You may not use, frame or utilize framing techniques to enclose Drypal's logo, or other proprietary information, including the images or videos found at this Website, any text's content or the designs of any part of this Website without our express written consent. Except for if you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Drypal or any third party.
7) CONFIDENTIALITY. In the process of Drypal providing Products, information, and support , Drypal may deliver to you materials and other information that is considered confidential, proprietary to Drypal, or which constitutes a “trade secret” of Drypal(“Confidential Information”). You agree to hold all Confidential Information in trust for Drypal, You agree to not publish, disseminate, or otherwise disclose Confidential Information to any person, firm, or entity, and you agree to not use Confidential Information to compete with Drypal or in any other way detrimental to Drypal. “Confidential Information” includes any and all information about Drypal's Products, information delivered to you in the course of selling Products, Site Materials, trade secrets, strategies, marketing and business plans, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of these Terms. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to Drypal and will cooperate with our attempts to obtain a protective order or other similar protection and protection practices for the Confidential Information. This provision shall survive any termination of these Terms for a period of five (5) years.
9) TERMINATIONS. Not complying to any of these Terms, Drypal reserves the right, without notice and in its sole discretion, to terminate (i) these Terms, (ii) your license to use this Website, (iii) and to prevent by blocking or other means your future access to, and use of, this Platform.
10) CHILDREN AND MINORS USAGE. Drypal must rely on parents, guardians, and those responsible for supervising children under 18 (as it cannot disallow or prohibit the entry of minors to the Website) to decide which materials are appropriate for such children to view and/or purchase.
11) APPLICABLE LAW. The Terms and this Website were created and are controlled by Drypal, Israel. Israel will govern these Terms, without giving effect to any principles of conflicts of laws. Subject to Section 13, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Israel, for any litigation arising out of or relating to use of or purchase made through Drypal (and agree not to commence any litigation relating thereto except in such courts). The submission in this Section 11 herein will not affect Drypal's right to take proceedings in any other jurisdiction nor shall the taking of proceedings in any jurisdiction preclude Drypal from taking proceedings in any other jurisdiction.
12) TERMS MODIFICATIONS. Drypal reserves the right to change these Terms at any time. Such changes shall be effective immediately upon notice, which may be given by posting the revised Terms on this page. You acknowledge and agree that it is your responsibility to review this Website and these Terms regularly and to become aware of any modifications. Your continued use of the site after such modifications will resemble your: (a) acknowledgment of the modified Terms; and (b) agreement to abide and be bound by the modified Terms.
13) DISPUTE RESOLUTION.
(a) General. Please read through this dispute resolution carefully, as it is part of your contract with Drypal and affects your rights. The following resolution contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER (“Arbitration Agreement”). All claims and disputes (excluding claims for injunctive or other equitable relief as stated below) in connection with the Terms or use of any Product or Service Drypal provides that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual.
(b) Notice Requirement and Informal Dispute Resolution. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party, describing the nature and basis of the claim or dispute. (In case of an arbitration proceeding, the amount of any settlement offer made by any party shall not be disclosed to the arbitrator until after the arbitrator has set the amount of the award, if any, to which either party is entitled.) A Notice to Drypal should be sent to: Keren Hayesod 15, Pardes Hanna Karkur, Israel, 3706126. After the Notice is received, you and Drypal may attempt to resolve the claim or dispute informally.
(c) Arbitration. Arbitration shall be initiated through The Israeli Institute of Commercial Arbitration (“IICA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If IICA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The IICA Commercial Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at https://eng.borerut.com/wp-content/uploads/2021/06/Arbitration-Institute-Rules-of-Arbitration_English-Tracked-1.6.20.pdf or by calling the IICA at 03-5631052. The arbitration shall be conducted by a single, neutral arbitrator. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions. The initiating party of the arbitration shall choose the manner. The arbitration shall not involve personal appearance by the parties or witnesses unless agreed otherwise by both parties.
(e) Time Limits. If you or Drypal pursue arbitration, the arbitration proceeding must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the IICA Rules for the pertinent claim.
(f) Authority of the Arbitrator. If an arbitration has been or is initiated, the arbitrator will decide the rights and liabilities, if any, of you and of Drypal, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall hold the authority to grant motions dispositive of all or part of any claim. The arbitrator shall hold and have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under the Terms, the IICA Rules, and applicable law. The arbitrator's award is final and binding upon you and Drypal.
(g) Waiver of Jury Trial. THE HEREBY PARTIES WAIVE THEIR STATUTORY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND CONDUCT A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration proceedings are usually more limited, efficient and are less costly than rules applicable in a court and are subject to limited review by a court. In the event any litigation should arise between you and Drypal in any court to vacate or enforce an arbitration award or otherwise, YOU AND DRYPAL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINTLY ARBITRATED, LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Arbitration Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall remain strictly confidential. The parties agree to maintain confidentiality unless required otherwise by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce an arbitration award, to enforce this Agreement, or to seek injunctive or equitable relief.
(j) Severability. If any of the parts of this Arbitration Agreement are found, by law, to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed while the remainder of the Agreement shall continue to act in full force and effect.
(k) The Right to Waive. Any or all of the rights and limitations stated in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Agreement Survival. This Arbitration Agreement survives the termination of your relationship with Drypal.
(m) Emergency Equitable Relief. For the sake of maintaining the status quo, either party may seek emergency equitable relief before a court. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(n) Claims which are not subject to Arbitration. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, trademark, copyright or trade secrets shall not be subject to this Arbitration Agreement.
(o) Court. In circumstances where the foregoing Arbitration Agreement allows the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Israel, , for such purpose.
14) ELECTRONIC COMMUNICATIONS(E-Communications). The communications between you and Drypal uses electronic means, whether you send us Emails, or use the Website, or whether Drypal posts notices on the Website or communicates with you via email. For contractual purposes, you (a) agree and consent to receive communications from Drypal in an electronic form, and (b) agree that all terms and other communications that Drypal provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing, and (c) agree to not share and or make public all terms and other communications between you and Drypal electronically. The foregoing does not affect your non-waivable rights.
15) GENERAL. The provisions of these Terms are severable, meaning if any provision of these Terms will be invalid or unenforceable partially or entirely in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without affecting the validity or enforceability in any other jurisdiction or the remaining provisions hereof in any jurisdiction. No partnership, joint venture, employment, or agency relationship exists between you and Drypal as a result of these Terms. The failure of Drypal to exercise any right or provision of these Terms shall not operate as a waiver of such right or provision unless acknowledged and agreed to by Drypal in writing. These Terms, and any applicable policies, comprise the whole agreement between you and Drypal and supersede all prior or contemporaneous discussions, negotiations, or agreements, whether written or oral, between the parties revolving the subject matter contained herein.
16) WORK FOR HIRE CONTRACTS. If you have agreed to these Terms and you collaborate with us for any promotional content needs across any social platform this is considered "work for hire" and we retain the rights therein.
17) CONTACT. Any questions revolving the Terms or your dealings with this Website should be sent to us at email@example.com.
Bound to the California Civil Code section 1789.3, customers who reside in California are entitled to certain consumer rights information, including pricing information. Current rates for our Products may be obtained by email to firstname.lastname@example.org.