These Terms of Service, as amended from time to time, together with the other terms, agreements and policies referenced herein (which constitute an integral part hereof) (these “Terms”) constitute a legally binding agreement between Flux Life Ltd., a company incorporated under the laws of Israel and its affiliates (together, the “Company”) and each user of the Company's Services (each, a “Customer”). The Terms govern the manner in which the Customer may use and access the Company's Services (as such terms are defined below).
The Customer's access or use of the Services signifies the Customer's agreement to be bound to these Terms. If Customer does not agree to these Terms, Customer may not register or use the Services.
1. The Services
1.1 The Services. The Company offers its Customers: (i) online educational courses for web designers (the “Flux Courses”) and other related Content, (ii) support, mentoring, private trainings and other similar services which the Company may offer to Customers from time to time (the “Mentoring”), (iii) access to the Flux community where users of the Services and other third parties may interact (the "FluxCommunity"), and (iv) free Content, which is available to any visitor of the Company's websites and other platforms (the “Free Content”, and, together with the Flux Courses, the Mentoring and Flux Community, if applicable - the "Services") through its websites, platforms, social networks and applications (the "Platforms"). The term "Content" includes, without limitation, any content, service, product, materials, software, know-how, files, documentation, code, designs, graphics, text, media, music, audio files or other sounds, photographs, images, videos, illustrations, interactive features, methodologies, artwork, names, logos, trademarks and services marks, and any derivative thereof.
1.2 No Guarantee. COMPANY DOES NOT GUARANTEE THAT ANY SKILL, OUTCOME, RESULTS, SUCCESS OR OPPORTUNITIES WILL RESULT FROM THE PARTICIPATION IN THE FLUX COURSES OR ANY OTHER USE OF THE SERVICES.
1.3 Certificate. Upon successful completion of certain courses and tasks, the Company may issue the Customer a graduation certificate. The issuance of the graduation certificate is at the Company's sole discretion and is subject to the payment of the Fees in full. The graduation certificate has no academic or other implication. The Company may revoke any such certificate at its sole discretion.
1.4 Limitations. Without derogating from Section 6.2 below, Customer may only use the Services for the Customer's own non-commercial personal use (the “Purpose”). The right to use and access the Services is granted only to the Customer and is limited, non-transferable, non-exclusive, and non-sub-licensable. The Services may only be used by individuals who: (i) can form legally binding contracts under applicable law, and (ii) are of the age of eighteen (18) and above. Accessing and using the Services is subject to the Company’s Code of Conduct which is available at: www.flux-academy.com/code-of-conduct (the "Code of Conduct") which is incorporated herein by reference.
1.5 Modification or Discontinuation of the Services. The Company may change or update the Services and Platforms at any time, including the availability of any feature or Content, and the Company may impose limitations or restrictions on certain features and Content or on the access or use of the Services, without notice or liability.
2. Free Trial; Free Services
2.1 Trial Services and Free Services. The Company may offer, from time to time, Free Content and some other Services on free trial versions or without any charge (“Trial and Free Services”). The Company reserves the right to modify, cancel and limit any Trial and Free Service at any time without any liability.
2.2 Pre-released Services. The Company may offer, from time to time, the Services in an alpha or beta versions (the “Pre-Released Services”) and will use best endeavors to identify such Pre-Released Services as such. Pre-Released Services are services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.
2.3 Governing Terms of Trial and Free Services and Pre-released Services. The Trial and Free Services and the Pre-Released Services are governed by these Terms, provided that notwithstanding anything in these Terms or elsewhere to the contrary, in respect of Trial and Free Services and Pre-Released Services (i) such services are licensed hereunder on as “As-Is” “As Available” basis, with no liability or warranties, express or implied, of any kind; and (ii) IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES OR ITS THIRD-PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SERVICES AND THE THIRD PARTY SERVICES), EXCEED US$ 1.00. The Company makes no promises that any Trial and Free Services and Pre-Released Services will be made available to the Customer and/or generally available.
3.1 Account Registration. In order to use to the Services, the Customer is required to register and create accounts in the Platforms used or provided by the Company (the “Account(s)”). The Company reserves the right to refuse a Customer's registration or to block Customer's access to the Services, at the Company's discretion.
3.2 Account Information. As part of the registration process, the Customer may be required to provide certain personal information (including, name, phone number, e-mail address, etc.) and to select a password. The Customer: (i) agrees to provide accurate and complete information; (ii) acknowledges that the Customer is solely responsible for the activity that occurs on the Customer's Account; (iii) agrees to keep the Customer's Account credentials, such as the password, secured; and (iv) undertakes to notify the Company immediately of any breach of security or unauthorized use of the Account.
4. Flux Community, Additional Content, Mentoring and Interactions
The Flux Community is operated by the Company, but not necessarily under the Company's control. The Company does not curate, monitor or moderate the Content published by Flux Community members and third parties, such as other teachers, students, and guests, including, without limitation, (i) information and messages posted in forums or through other means of communication between members of the Flux Community; and (ii) informal lessons and lectures provided by the Company's teachers and other guest speakers ("Additional Content"). In addition, as part of the Mentoring Services, Customer may take part in personal or group training and mentoring sessions, provided by members of the Flux Community, representatives of the Company or third parties and may receive personal feedback. Customer acknowledges and agrees that Company and any other party involved in such Mentoring shall not be in any way responsible or liable with respect to such Additional Content or Mentoring, as such Services are provided without any liability. BY ACCESSING, PARTICIPATING AND/OR USING THE ADDITIONAL CONTENT AND MENTORING, CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER'S ACCESS AND USE OF THE ADDITIONAL CONTENT AND MENTORING IS AT THE CUSTOMER'S SOLE DISCRETION AND RISK, AND THE COMPANY WILL NOT INCUR ANY LIABILITY WITH RESPECT THERETO.
5. Customer Content
5.1 General. While using the Services, Customer may provide certain Content to be shared, published, displayed, processed, or used by the Company (the "Customer Content"). As between the Customer and the Company, Customer shall remain the owner of all Customer Content.
5.2 Customer Content. Customer hereby grants the Company and its Sub-processors an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to access, use, process, copy, modify, publish, download, store, distribute and display the Customer Content. Customer represents and warrants that (i) Customer owns or has all the necessary rights, consents and permissions to grant the Company the aforementioned right and license, without infringing or violating any intellectual property or proprietary rights of any third party; (ii) any Customer Content and any use thereof do not and shall not violate any applicable laws, including those related to data privacy or data transfer and export or any policies and terms governing such Customer Content.
5.3 Restrictions. Customer may not, and may not permit or aid others to upload, transfer, display, post, send, incorporate, contribute or otherwise make available to the Services any Customer Content that: (i) infringes, violates, misuses or otherwise interferes with any copyright, patent, trademark, trade secret or other right of any third party; (ii) is defamatory, abusive, harassing, threatening, racist, or constitutes an invasion of a right of privacy of another person, or is otherwise offensive, violent, vulgar, obscene, pornographic, contains nudity, or otherwise harms or can reasonably be expected to harm any person or entity; (iii) is illegal or encourages or advocates illegal activity; (iv) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (v) contains viruses, trojan horses, worms, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Services or any system, computer software, hardware or telecommunications equipment; (vi) creates a false identity or impersonates another person; (vii) “stalks” or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding” and “trolling” as such terms are commonly understood and used on the internet; (viii) violates any applicable local, state, national or international law or regulation; or (ix) includes any personal information of others, including, without limitation, their names, addresses, email addresses or telephone numbers, unless Customer has permission from such persons to do so. Customer is solely responsible for any violation of the aforementioned, and for any damage or loss to the Company or any other third party resulting therefrom. The Company shall not be obligated to maintain or backup any Customer Content, and it may remove any Customer Content from the Services at any time, at its sole discretion.
6. Intellectual Property and Right to Use
6.1 Company Intellectual Property. All right, title and interest in the Services is the property of the Company and its licensors, and these Terms do not convey to the Customer any interest in or to the Services or the Platforms, except for a limited right of use as set forth herein, terminable in accordance with these Terms.
6.2 Prohibited Use. Customer may not, and may not permit or aid others to: (i) use the Services for any purpose other than the Purpose; (ii) copy, modify, alter, translate, emulate, create derivative works based on, or reproduce the Services or any Content related thereto; (iii) give, publish, sell, resell, distribute, assign, pledge or transfer (by any means), display, sublicense, rent, lease or otherwise share the Services or any Content related thereto or the rights granted under these Terms, or use the Services in any service bureau arrangement; (iv) reverse engineer, de-compile, decrypt, revise or disassemble the Platforms or any part thereof, or extract source code from the object code of the Platforms or the Services, or access or use the Services or the Platforms in order to build a competing product or service; (v) bypass any measures the Company may use to prevent or restrict access to the Services or any Content, and/or take any action intended to circumvent or disable the operation of any security feature or measure of the Services or any Content; (vi) access the Services, the Platforms or Company's systems via any means other than through the interface provided by the Company, or via automated means, including by crawling, scraping, caching or otherwise; (vii) use the Services in any manner that is illegal or not authorized by these Terms; (viii) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on Company's (or Company's service providers') infrastructure; (ix) interfere or attempt to interfere with the integrity or proper working of the Platforms or Services; (x) remove, deface, obscure, or alter Company's or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Services; or (xi) provide any third party access to the Services through Customer's Account.
6.3 Feedback. Customer may notify the Company of any design or functional errors, anomalies, and problems associated with the Services discovered by it and provide the Company suggestions, comments, ideas, or any other feedback regarding the Services (the “Feedback”). Any such Feedback shall become the Company's sole property without any restrictions. The Company may use any Feedback at its sole discretion, free from any right of the Customer or any third party and without any obligation towards Customer. Customer hereby assigns to Company all right, title, and interest worldwide in the Feedback and any intellectual property rights related thereto, and explicitly and irrevocably waives any and all claims associated therewith. Customer shall not provide the Company with Feedback which infringes any third party right.
6.4 Intellectual Property Infringements. The Company does not permit copyright infringing activities and infringement of intellectual property. To file a copyright infringement notification, please send a written communication to email@example.com and the Company will follow with additional instructions. In the event that the Company believes that the Services, or any part thereof including without limitations the Content, may infringe intellectual property rights of third parties, then the Company may, in its sole discretion: (i) obtain (at no additional cost to Customer) the right to continue to use the Services or the allegedly infringing part thereof; (ii) replace or modify the allegedly infringing part of the Services so that it becomes non-infringing while giving substantially equivalent performance; or (iii) require that use of the allegedly infringing Service or part thereof shall cease, and in such an event Customer shall receive a prorated refund of any Fees paid for the unused portion of the Term. THIS SECTION 6.4 STATES COMPANY’S SOLE AND ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY, FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR MISAPPROPRIATION BY THE COMPANY AND/OR ANY RELATED SERVICES AND UNDERLYING TECHNOLOGY.
7. Privacy; Data Protection; Anonymous Information
7.2 Anonymous Information. The Company may collect, monitor, and use Anonymous Information (as defined below), inter alia to provide, develop, maintain, improve, demonstrate and market the Services. “Anonymous Information” means information about use of the Services which does not enable identification of an individual, such as aggregated data, metadata, and analytic information.
8. Third Party Software and Services
8.1 Sub-processors. Customer acknowledges that the Platforms and Services are hosted and made available by certain sub-processors of the Company (the “Sub-processors”). The Company may remove, add or replace its Sub-processors from time to time, at its sole discretion.
8.2 Free Software. The Services may include third party "open source" or "Free Software" components that are subject to third party terms and conditions (“Third Party Terms”). If there is a conflict between any Third-Party Terms and the terms of these Terms, then the Third-Party Terms shall prevail but solely in connection with the related third-party component.
8.3 Other Products and Services. The Services may be hosted on, and may contain links to, other third-party products and services or may enable Customer to access, engage and procure certain products and services provided by third parties (the “Third Party Services”). Customer acknowledges and agrees that regardless of the manner in which such Third-Party Services may be provided, presented or offered to Customer, Company shall not be in any way responsible or liable with respect to any Third-Party Services. BY ACCESSING AND/OR USING THE THIRD-PARTY SERVICES, CUSTOMER ACKNOWLEDGES THAT ITS ACCESS AND USE OF THE THIRD-PARTY SERVICES ARE AT ITS SOLE DISCRETION AND RISK, AND CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING SUCH THIRD-PARTY SERVICES ARE IN COMPLIANCE WITH CUSTOMER'S REQUIREMENTS AND ANY APPLICABLE LAW OR REGULATION.
9. Fees and Payment
9.1 Fees. Customer shall pay the Company the fees set forth in the order form of the Services purchased (respectively, the "Order Form" and the “Fees”). Unless expressly indicated otherwise, Fees are stated in US dollars. The Company reserves the right at any time to change the Fees of any Services from time to time, provided however, that any increase of the Fee for Services or any portion thereof, to which the Customer has subscribed, shall only become effective upon the end of the applicable Access Term.
9.2 Discounts and Promotions. The Company may offer discounts and other promotions from time to time. Such discounts and promotions may be limited in time, scope, territory, or any other limitations, at the Company's sole discretion. The Company may cancel or terminate any promotion or discount at its sole discretion. Discounts that are provided for a certain period of time will not apply to purchases made during another time. Only one discount or promotion may be applied to a certain purchase, unless explicitly stated otherwise in the Order Form.
9.3 Payment Terms. Customer shall pay the Fees in accordance with the payment terms set forth in the Order Form, either in a one-time payment which will pe paid up-front (the “One Time Payment”), in installments (the “Installments Payment”), or by monthly or quarterly subscription fee, as the case may be (each a “Recurring Payment”) and all as further specified in the Order Form. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by the Company in collecting any payment. Notwithstanding anything to the contrary herein, an Order Form may include several Services listed as separate line items, each of which may have different payment terms.
9.4 Suspension; Cancelation; Refunds. The Company's suspension, cancelation and refunds policy is available at: https://www.flux-academy.com/refund-cancellation-and-access-policy and shall be considered an integral part of these Terms, included herein by reference (the “Access and Cancelation Policy”). If the Company is unable to charge the Fees payable for a Flux Course, the Customer will have 14 days to settle such overdue Fees. If the Company was unable to charge the overdue Fees within 14 days as of the due date, the Company may, in addition to any other remedies, suspend Customer's access to all the Services then available to the Customer, at the Company's discretion. Upon such suspension, Customer will have three (3) months to pay Company the overdue Fees. If Customer does not settle such overdue Fees within three (3) months, Company may terminate Customer's Account and following such termination, any use or access to certain Services will be considered a new purchase and subject to the payment of the entire applicable Subscription Fee regardless of any past payment.
9.5 Payment Processing. Customer hereby authorizes the Company, either directly or through third party’s payment processing service, to charge the Fees via Customer’s selected payment method. Payments processed by a third party are in such third party’s exclusive responsibility and are subject to such third party’s terms and conditions. Customer agrees that such third party’s terms and conditions shall apply to its payment of the Fees. THE COMPANY WILL NOT BE LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY PAYMENT PROCESSOR. Customer hereby authorizes third-party payment processor to provide data and information to the Company. The Company will be free to replace the payment processor service from time to time or process payments itself.
9.6 Credit Card. Credit card details may be needed to complete the purchase of subscription to the Services. Customer authorizes the Company to continue to charge its credit card or any replacement card for any Installments Payment and Recurring Payment and for any future purchase. Failure by the Company to charge Customer’s credit card shall not derogate from Customer’s payment obligation.
10. Term and Termination
10.1 Term. A Service purchased by Customer will be provided or made available during the term set forth in the Order Form related to such Service, or, if no term is defined in the Order Form, during the term set forth in the Access and Cancelation Policy (the “Access Term”).
10.2 Termination or Suspension by Company. Company may terminate or suspend Customer's Account and access to the Services immediately, without prior notice or liability, (A) upon the lapse of all Access Terms, (B) if Customer breaches, or fails to comply with, any of the provisions contained in these Terms, and (C) in each of the following events: (i) the Company believes, in its sole discretion, that Customer or any third party is using the Services in a manner that may impose a security risk, may cause harm to the Company or any third party, or may create any liability to the Company or any third party; (ii) if the Company believes, in its sole discretion, that Customer or any third party is using the Services in breach of these Terms or applicable laws; or (iii) if the Company is unable to charge the Fees, if applicable, through Customer’s approved payment means or if any payment is or is likely to become, overdue, as set forth in Section 9.3. The aforementioned rights are in addition to any rights and remedies that may be available to the Company in accordance with these Terms and/or applicable law. In addition, Company may terminate or suspend Customer's Account and access to the Services without cause by providing Customer with a 30 day prior notice, and in such case Company shall refund any amount pre-paid with respect to the period post-termination, on a pro-rata basis.
10.3 Termination by Customer. Customer may terminate the Customer's access to the Services in accordance with the Cancelation Policy.
10.4 Effect of Termination. Unless expressly indicated otherwise in these Terms or in the Cancelation Policy, the termination or expiration of the access to the Services shall not relieve Customer from its obligation to pay due Fees. Upon termination or expiration of the access to the Services Customer shall cease to have access to the Services. Following termination or expiration, the Company may, at its sole discretion, delete the Customer Content without retaining any copy thereof.
10.5 Survival. All the provisions of these Terms which by their nature should survive termination (including, without limitation, ownership and intellectual property, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms shall not relieve Customer from any obligation arising or accruing prior to such termination or limit any liability which Customer otherwise may have to the Company.
11. Warranty and Disclaimer
11.1 CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ACCESS TO AND USE OF THE SERVICES, THE PLATFORM, AND ANY RELATED SERVICES PROVIDED BY THE COMPANY OR ANY THIRD-PARTY, ARE AT CUSTOMER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND RESULTS IS SOLELY WITH CUSTOMER.
11.2 EXCEPT AS EXPLICITLY SET FORTH HEREIN, THE SERVICES AND ANY OTHER PRODUCTS OR SERVICES ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY WARRANTS THAT THE USE OF THE SERVICES OR OF ANY CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS OR EXPECTATIONS, OR THAT ANY INFORMATION OR ADVICE OBTAINED BY CUSTOMER AS A RESULT OF CUSTOMER’S USE OF THE SERVICES OR ANY CONTENT WILL BE ACCURATE OR RELIABLE. NO LESSON, ADVICE OR INFORMATION OBTAINED BY CUSTOMER THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THESE TERMS.
12. Limitation of Liability
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
12.1 IN NO EVENT SHALL COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, MEMBERS, COMMUNITY MEMBERS, EMPLOYEES OR OTHER RELATED PARTIES BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY: (I) SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES; (II) LOSS OF OR DAMAGE TO CUSTOMER’S SYSTEMS, DEVICES, DATA, INFORMATION, GOODWILL, PROFITS, SAVINGS, OR PURE ECONOMIC LOSS; (III) THE FAILURE OF INDUSTRY STANDARD SECURITY MEASURES AND PROTECTIONS; AND/OR (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES; REGARDLESS OF (A) WHETHER COMPANY, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE; OR (B) THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
12.2 CUSTOMER SPECIFICALLY AGREES THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF CUSTOMER’S RIGHTS BY ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, PRIVACY RIGHTS.
12.3 TO THE EXTENT PERMITTED BY LAW, COMPANY’S AGGREGATE AND TOTAL LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), IS LIMITED TO THE FEES ACTUALLY PAID TO THE COMPANY FOR USE OF THE SERVICES IN THE SIX MONTHS PRECEDING THE CAUSE OF THE CLAIM.
Customer shall defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, loss, reasonable expense or costs (collectively, “Losses”) incurred as a result of any third party claim (i) related to any Customer Content, including infringement or violation of a third party’s right (including without limitation, intellectual property or privacy rights); or (ii) resulting from Customer’s breach of these Terms.
14.1 Contests, Sweepstakes and Promotions. Any contests, sweepstakes or other promotions (collectively, the “Promotions”) made available through the Services may be governed by additional rules and policies, by which Customer will be bound. If Customer participates in any Promotion, it is Customer's sole responsibility to review the applicable rules and policies.
14.2 Compliance. While accessing and using the Services, the Customer will comply with applicable laws.
14.3 Amendments. The Company reserves the right to change these Terms at any time by posting a new version at: www.flux-academy.com/terms-and-conditions. In the event of a material change, Company shall notify the Customer by posting a notice in the Platforms or in the Company's website, or by sending the Customer an email. Any such modifications shall become effective immediately upon posting.
14.4 Export Control. The Services may be subject to Israeli, U.S. or foreign export controls, Laws and regulations (the “Export Controls”), and Customer agrees and confirms that: (i) Customer is not located or uses, exports, re-exports or imports the Services (or any portion thereof) in or to, any person, entity, organization, jurisdiction or otherwise, in violation of the Export Controls; (ii) Customer is solely responsible for complying with applicable Export Controls which may impose additional restrictions, prohibitions or requirements on the use of the Services.
14.5 Force Majeure. Neither Company nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, pandemic diseases, acts of God, war, terrorism, and governmental action.
14.6 Governing Law; Jurisdiction. These Terms and its performance shall be governed by the laws of the State of Israel, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the courts of Tel Aviv - Jaffa.
14.7 Class Action Waiver. WHERE PERMITTED UNDER APPLICABLE LAWS, CUSTOMER AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both Customer and the Company agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
14.8 Entire Agreement. These Terms (and the other terms, agreements and policies referenced herein) constitute the entire agreement between Customer and the Company with respect to Customer's use of the Services and supersede all prior or contemporaneous understandings regarding such subject matter.
14.9 Assignment. Company may assign at any time any of its rights and/or obligations hereunder to any third party without Customer's consent. Customer may not assign any of its rights or delegate any obligations hereunder, in whole or in part without the prior written consent of Company, and any attempt by a Customer to do so shall be deemed null and void.
14.Relationship of the Parties; No Third-Party Beneficiaries. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to these Terms.
14.11 Severability. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect, and such provision shall be reformed only to the extent necessary to make it valid, enforceable and legal.
14.12 No Waiver. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by Company in writing.
For any questions or queries about these Terms or the Services in general, please do not hesitate to contact us at the following e-mail address: firstname.lastname@example.org
The General Affiliate Program and Flux Students Affiliate Program adhere to the following terms:
In case you need more information or have any questions, please send us an email.