Terms of Use

General

1. Welcome to the website of the Israeli Hedge Fund Association (“IHFA” and the “Website”, respectively).
2. Use of the website is subject to these Terms of Use (“Terms of Use“). Therefore, before using the Website, the user is invited to carefully read these Terms of Use. The user should note that the Terms of Use are a binding contract between the user and IHFA. By using the Website you accept the Terms of Use in their form as may be from time to time. IHFA may change from time to time the Terms of Use and in such case, the date of update of the Terms of Use will appear at the top of this page, and therefore, the Terms of Use should be reviewed prior to any use of the Website. If your do not accept any of these Terms of Use or any change made hereto, you must immediately stop using the Website. Except as otherwise stated, any changes to the Terms of Use will become effective upon posting the revised version of these Terms of Use on the Website.
3. IHFA reserves the right to modify the Website, its content, design and/or method of operation at its sole discretion, without giving prior or later notice to the user.
4. Terms used herein in the masculine gender are for convenience only but refer to both men and women alike. Likewise, terms used in the plural include the singular, and vice vers

Intellectual Property

5. The Website and its contents are the sole property of IHFA. IHFA is the owner or holder of a license to use copyrights, trademarks design rights, and other intellectual property rights, whether or not registered, which are contained in the Website and its contents, including without limitation, graphic images, visualizations, videos, photographs, figures, icons, music, images, voices, sounds, templates, models, logos, metrics, calculations, recommendations, assessments, analyzes and/or text.
6. The use of the Website and/or its contents does not grant the user any intellectual property rights in the Website and/or its contents, other than the right to use the Website and/or its contents in accordance with these Terms of Use.
7. The Website and its contents are only intended for personal rather than commercial use, and the materials described above may not be duplicated and/or copies and/or marketed and/or sold and./or scanned and/or translated and/or displayed, except with the prior written express consent of IHFA.

User Obligations

8. The user undertakes to use the Website, its contents and/or services only in accordance with applicable law and not to provide a link to the Website and/or to use it and/or the contents and/or services included therein for uploading, downloading, distributing, publishing or broadcasting of (a) information or other material in a manner that violates any rights, including intellectual property rights, privacy protection rights and/or any other rights [it is advised to broaden this prohibition to other types of rights, rather than solely proprietary rights]; (b) information or other material that is offensive, threatening, insulting, defamatory, racist, inappropriate, pornographic, defamatory, discriminatory and/or contains violence; (c) information or other material that contains a virus or other software that may damage the computer systems of IHFA and/or third parties or in a manner that may limit, slow down or prevent others from using the Website and/or adversely affect the user experience of the Website; (d) information or other material that violates any law; (e) information that harms the good name and/or reputation of IHFA; (f) information or other material that contains advertising of any kind without prior written authorization from IHFA.
9. The user undertakes not to make any changes and/or interfere in any way with the source code of the Website, and not to upload any software and/or applications that may harm or cause damage to IHFA, the Website and/or any third parties.
10. The user agrees that, without prejudice to any other right of IHFA, in cases where IHFA has a concern that the user’s use of the Site is inconsistent with these Terms of Use and/or any law, it may monitor the user’s use of the Website, prevent the user from accessing the Website, block the user and take such other action as IHFA sees fit in order to protect its property and/or its rights and/or the rights of third parties.

Indemnification and Limitation of Liability

11. The Website and all of its contents and services are offered “as-is”. The professional information contained in the Website is provided for knowledge purposes only and is not a substitute for individual advice.
12. The user agrees and acknowledges that the use of the Website and its contents is its sole responsibility. It is clarified that IHFA and anyone acting on its behalf releases itself from any liability for any direct or indirect, consequential or special damage of any kind that may be caused to the user and/or any third party as a result of the use of the Website or its contents, including the user’s reliance thereon.
13. IHFA will not be held responsible for any kind of failure, including internet failures, failures in communication lines, cellular network, wireless communication network, mobile device (including damage caused to a mobile device as a result of accessing and/or using the Website, including deletion of information and the need to format the device), hardware (including servers of IHFA) and/or software and/or due to maintenance of the Website which will be required from time to time and/or repairs on the Website. IHFA will not be responsible for any direct or indirect damage, including the consequence of such damage, caused due to unavailability of the Website, for any reason whatsoever, at a particular time or for a particular period.
14. The user will indemnify and compensate IHFA and/or anyone acting on its behalf for any damage, debts, costs, expenses and/or losses (including legal expenses) incurred by IHFA and/or anyone acting on its behalf in connection with any act or omission related to the use of the Website and/or its contents as well as in connection with any breach of these Terms of Use.

Third Party Services and Consents

15. While using the Website, the user may be exposed to services and contents of third parties, including without limitation, IHFA’s member funds and partners, service providers in the same area of business as IHFA, etc.
16. IHFA has not inspected such services or contents nor confirmed the correctness or suitability of such services and contents to the user prior to their inclusion on the Website, and therefore, we recommend that the user independently inspect such services and contents before relying upon or using them, as the reliance upon and use of such contents and services  are the user’s sole responsibility.

Links

17. The Website may contain links, advertisements, logos and other materials that link to websites or applications that are not controlled or offered by IHFA (“Links”). Before purchasing any service or product through the use of such websites or applications, or relying on the contents of such websites or applications, the user is advised to ensure that it is well aware of the risks involved therein. Such Links are provided to the user for convenience only, and the user warrants to IHFA that in no event will the user impose any liability on IHFA for any damage and/or loss incurred to the user as a result of using such Links or the user’s reliance on any information, content or service contained in the websites or applications to which the Links refer.
18. The inclusion of Links on the Website does not constitute adoption, authorization, support or any other connection between IHFA and the websites or applications to which such Links refer, or the operators of such websites or applications.

Miscellaneous

19. The user agrees that the use of the Website will in no event create any relationship between the user and IHFA beyond those set forth in these Terms of Use.
20. If any section of these Terms of Use is found by a competent court to be invalid, unenforceable or illegal for any reason, the validity or enforceability of the remaining terms of use shall not be impaired; without derogating from the foregoing, the section which is found to be invalid, unenforceable or illegal shall be construed as closely as possible to its wording and objective, such that following such interpretation it is not found to be invalid, unenforceable or illegal.
21. No non-use or delay by IHFA of any right conferred thereon by these Terms of Use, in a particular case or in a series of cases, shall be deemed as a waiver of any of its rights. No right of IHFA may be waived other than by written notice signed by the user. No deviation by IHFA from these Terms of Use, in a particular case or in a series of cases, shall constitute a precedent, nor shall any analogy be drawn therefrom to any future case.
22. It is agreed that the sole and exclusive jurisdiction with respect to the Terms of Use, the implementation or interpretation thereof, and any matter related thereto and/or arising therefrom, is vested exclusively in the competent court in Tel Aviv, which shall adjudicate in accordance with the provisions of Israeli law.
23. IHFA is entitled to assign its rights in the Website in accordance with the Terms of Use, in whole or in part, to a third party without the need to obtain the user’s consent.
24. For any question relating to these Terms of Use, please contact us by sending an email to the following address: info@ihfa.co.il.