The following describes the terms on which MyRoga offers you access to our services.
This Agreement is effective on May 14, 2020, for current users, and upon acceptance for new users. The previous amendment to this User Agreement was effective for all users on May 14, 2020.
SCOPE AND ACCEPTANCE OF TERMS
You may not use the Services and may not accept the Terms if
you are not of legal age to form a binding contract with MyRoga, or
you are not permitted to receive any Services under the laws of countries / regions including the country / region in which you are resident or from which you use the Services.
You agree and acknowledge that MyRoga may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
You may be required to enter into another or separate agreement, whether online or offline, with MyRoga or our affiliate for any Service (“Additional Agreements”). If there is any conflict or contradiction between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
If MyRoga has posted or provided a translation of the Terms English language version, you agree that the translation is provided for convenience only and that the English language version shall prevail.
The Terms may not otherwise be modified except in writing by MyRoga's authorized personnel.
USING MyRoga GENERALLY
While using MyRoga sites, services and tools, you shall not:
Use the sites and services for purposes other than for business purposes.
Copy, download, re-publish, replicate, sell, distribute, harvest or resell any Services or any information, tools, text, images, graphics, files etc available on or through the Sites (the “Site Content”);
Copy, modify or distribute rights or MyRoga's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
Interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools;
Violate any applicable laws and regulations, third party rights or our Terms and policies (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
Distribute viruses or any other technologies that may harm MyRoga, or the interests or property of MyRoga members;
Download, replicate, copy, compile or otherwise use any of the Content in the Site (or portion of it) for the purposes of commercially taking advantage of the Site Content, or otherwise competing with MyRoga. Without written consent from MyRogait is prohibited to systematic collect of Site Content from the Sites to create, directly or indirectly, a database, collection or directory (whether through manual processes, spiders, robots or any other automatic technology devices).
LIMITATION OF LIABILITY
YOUR USE OF OUR SITES AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT OUR SITES WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.
Under no circumstances shall MyRoga be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or other force majeure condition.
In any event that you have a dispute with one or more users (or any party to a transaction), you release and indemnify MyRoga (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
MyRoga and you are independent contractors, this agreement does not intend or create agency, joint venture, partnership, employee-employer or franchiser-franchisee relationship.
MyRoga respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the myroga.com website, please contact our legal department, via email through Contact Us link on the site footer.
When you visit myroga.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail address you provide to MyRoga during the registration process or by posting notices on this site. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
APPLICABLE LAW AND JURISDICTION FOR LEGAL DISPUTES
This Agreement shall be governed in all respects by the laws of the Country of Israel as they apply to agreements entered into and to be performed entirely within Israel between Israeli residents, without regard to conflict of law provisions. You agree that any dispute or claim you may have against MyRoga must be resolved exclusively by a court located in Tel-Aviv City, Israel, except as otherwise agreed by the parties or as described in the Arbitration Option article below. You agree to submit to the personal jurisdiction of the courts located within Tel-Aviv City, Israel for the purpose of litigating all such claims or disputes.
Headings are for reference purposes only and in no way limit, define, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the MyRoga Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.