These Terms of Use ("Terms of Use") constitute a legal binding agreement between you ("user" or "you") and TrafficPoint Ltd (“Company” or “us” or “our”) and sets forth the terms in which you may use our website and the Services therein (as defined below). These Terms of Use incorporates our Privacy Policy and together shall be referred to as the “Terms”. It is important that you take the time to read the Terms carefully prior to accessing or using our website and Services.
By accessing or using our websites or the Services (as defined below) you acknowledge that you have read, understood and agree to these Terms of Use. You agree to be bound by these Terms of Use and to comply with all applicable laws and regulations when using the Service. You further acknowledge that these Terms of Use constitute a binding and enforceable legal contract between you and us. IF YOU DO NOT AGREE TO ALL OR PART OF THE TERMS HEREIN PLEASE DO NOT ACCESS THE WEBSITE OR USE THE SERVICES IN ANY MANNER.
You hereby warrant that you are eligible to enter into these Terms of Use and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms of Use. You further represent and warrant that you are at least eighteen (18) years of age and of legal competence to enter into these Terms. Please be advised that, some of our websites are intended solely for individuals which are at least twenty-one (21) years of age, as shall be indicated in the footer of such website. We reserve the right to request proof of age at any stage so that we can verify that individuals under the applicable age are not using our website.
The website provides you with comprehensive information, comparison tables and resources about various goods and services or products you are interested in, which are owned or operated by our third-party partners (“Third Party Service”). We provide you with the information we believe to be relevant, and comparison charts, including without limitations User Generated Content (e.g., UGC as defined below), third party’s offers, links to Third Party Services websites, webpages and content, as well as articles, blogs and opinions provided either by us, you, other users or third party reviewers, including any text, logos, phone numbers, button icons, images, data compilations, documents, descriptions, software, code, designs, links, data, graphics and other features provided therein (collectively the “Content” and together with the website shall be referred to as the “Service(s)”). The Services are owned and developed solely by us. We conduct reviews and evaluate the information we find according to our internal criteria and methodology, as determined by us, in order to present the Third-Party Services we believe to be the most top-rated. You acknowledge that the Services are for informational and editorial purposes only and may contain Content that you deem or find objectionable. We do not endorse or support any Content submitted to the website.
The Content may include articles and product’s or service’s review made by out team of content writers or other reviewers we engage with. These articles and reviews are for informational purposes only and are based on the writer’s personal experience and opinion. In any event, these articles or reviews shall not be considered as personal or expert advice and it is your sole responsibility to review each offer’s features and terms, to decide whether they are applicable for your needs.
Our Services are provided for you free of charge. We are able to maintain a free, high-quality Service by charging an advertising fee to featured brands whenever a user completes a purchase. For more information please review the “How We Rate” Section below.
The Services are provided for your personal and non-commercial use only; You agree only to use the Services as set forth under the Terms. You are responsible for any UGC (as defined below) you may submit to the website. You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms. You may not use the Services in a manner which would disrupt the use of the website by other users or persons. We reserve the right to investigate any breach or alleged breach of these Terms and to report to law enforcement authorities as well as to prevent you from using the Services. We may also limit your use of the Services for any other reason or for no reason and retain the right to terminate your use of the Services at our sole discretion. We reserve the right to refuse or accept post, display or transmit any Content you submitted to the website, at any time and at our sole discretion. We have no responsibility to store or maintain any Content submitted to or posted on the website and will not be held liable for any failure to store or maintain any such content. Further, you hereby agree you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative work, circumvent or hack the Services or gain unauthorized access to the Services or its related systems and networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Services available to any third party, or any portion thereof; (iii) use the Services in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the Services, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in the Services. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein; (v) use, access or attempt to access the Service in connection with any automated means; (vi) use the Company’s name, logo or trademarks without our prior written consent; and (vii) extract, collect or store personal data about other users without their express permission. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
The Third-Party Services may include links to these third party’s websites or other digital assets, contact information (e.g. phone number, etc.) in order to enable you to view, access or call these third parties. and may further include features enabling you to provide us with your contact details and information regarding you’re the service you are interested in, to allow us to forward your information to the Third-Party Services' operator we believe may match your needs. Such links or phone numbers may be posted by us, you, other users, or other third parties. You acknowledge and agree that (i) we do not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Services or that any Third Party Services' operator will indeed contact you; (ii) we do not own nor have control over, nor responsible for any Third Party Services, and we do not exercise editorial or programming control over any content of offers therein; (iii) owners or licensors of the Third Party Services may change or delete their website or any content or service therein at any time including any offer’s terms (pricing, features, etc.); and (iv) by accessing the Third Party Services, contacting the third party through its phone number or in any other manner, including by providing us with your contact details in order for us to share it with such third parties through any designated form we make available, or otherwise interacting, engaging or using the Third Party Services, you will be subject to such third parties’ terms of services and privacy policies which may be found on their relevant website, as well as its customer services and telemarketing and sales practices. Note that, it is the Third-Party Services' operator sole discretion whether to contact you or not, provide with a certain service or the type of service to be offered. You should carefully review the applicable Third-Party Services’ terms and policies in order to verify that you are interested in such services and that you are allowed to use the Third-Party Services, as well as to comply with the applicable requirements and restrictions (e.g., residents of certain countries are prohibited from using some Third Party’s Services). You may be linked and exposed to Content related to Third-Party Services that is inaccurate, offensive, indecent, or objectionable. You always have the choice to decide whether or not to access, view, or otherwise interact with such Third-Party Services. Your interaction with Third-Party Services (including by phone or in any other manner) and your use of, and reliance upon, any content or information provided by it (including content provided through our website) is at your sole discretion and risk. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Content or Third-Party Services, or your interaction or engagement with the third party by any means, which is at your sole discretion and risk. Any engagement will be solely between you and the applicable third party.
In addition to the above, in the event you provide us with your contact details in order to be contacted by third parties regarding their Third-Party Services, and send you quotes and offers, you acknowledge and agree that these third parties may contact you, subject to their discretion, including by automated means and (even if your number is on any federal, state or other “Do not call” list). Your consent to share your contact information is not a condition of purchase. We will process your information as detailed in our Privacy Policy , however once the information will be shared it will be subject to the applicable third parties’ policies and marketing practice, which we do not monitor nor control. You agree to share with us solely your information, or information you have the obtained the applicable consent and authorization to be shared.
The User Generated Content refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us, including, among other images, comments, posts, texts, icons, links, Users Reviews (as defined below), opinions and feedback, etc. (“UGC”). You hereby acknowledge and agree that you have all the rights, power and authority necessary to submit any UGC and the UGC uploaded by you may not: (i) violate any applicable law; (ii) contain any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, terrorism, racism, defamatory, adult and pornography content, alcohol-related or illegal drugs content; (iii) contain any content which is copyrighted, protected by trade secret or may infringe third party intellectual property or content which may infringes the right to privacy or create a risk to an individual’s safety or health or; (iv) contain any content which is considered to be unfair or deceptive under consumer protection laws, or unauthorized commercial communications including advertising, spam, incentivized or promoting any service or product; or (v) content which has been generated by fake or unidentified users. Further, by submitting, posting, or displaying UGC through the Services, you grant us a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, reproduce, distribute, prepare derivative works of and make available to the public any part of the UGC including without limitation for promoting and redistributing part or all of the Service (in any media formats. Furthermore, you grant each user of the Service, a worldwide, non-exclusive, royalty-free license to access your UGC through the Service, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the Service and under these Terms. We have the sole and absolute right to and discretion to decide whether to publish any UGC and we may, without prior notice, monitor, censor, edit, remove, delete, any and all UGC, at any time and for any or no reason. If we believe, at our sole discretion, that the UGC provided by you violates or may violate any of the aforesaid, we may restrict your access or use of the Services. Notwithstanding the above, we have no obligation to monitor the UGC, thus, we have no responsibility and liability with respect to UGC, which you may find inaccurate, offensive, indecent, or objectionable.
Users can express their own opinions, feedbacks and thoughts regarding the Third-Party Services by submitting a review ("Review"). We will evaluate your Review and decide whether to publish it or not, in our sole discretion.
We may, from time to time, offer prizes/coupons/gift cards to users that submit a review or participate in our survey ("Prize"). The criteria, amount and terms of the Prize may change
from time to time. You will be notified by email if you were entitled of a Prize. Prizes will only be awarded to users who can be identified. Our decision in respect of all matters to do with the Reviews or Prize will be final and no correspondence will be entered into.
You may not post or submit any proprietary information of another party which is protected under copyright or trademark laws. We will respond to any notice we receive alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred. If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any Content or UGC on the website has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party you are authorized to act on its behalf, please contact us at: service@top5networks.com, or through our Contact Us form, located in the footer of each page within our website (“Notice”), and we will investigate the matter immediately. When submitting a Notice, please include the following information: (i) identify the copyrighted work or material that you claim has been infringed, and information reasonably sufficient to permit us to locate the material and verify its existence, including at a minimum, its location, if applicable the URL of the link(s) shown on the website where such material may be found and screenshots. If multiple copyrighted works are covered by this Notice - you may provide a list of the copyrighted works that you claim have been infringed; (ii) provide your contact information – name, mailing address, telephone number, and email address; (iii) include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). In addition, I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the Notice. Please remember by submitting a Notice you will be initiating a legal process, hence, please do not make any false claims. We will respond at reasonable time to claims of copyright infringement committed using the website that are reported to us.
The Service and any Content available therein are protected by international copyright laws or any other intellectual property laws and are licensed to us or to our affiliates, licensors, partners or other third parties. Except as expressly granted under these Terms, we retain all right, title ownership and interest in and to the Service and Content (excluding UGC and Third-Party Services but including Users' Reviews), copyrights and trademarks, product names, and trade names as well as any content provided or made available in connection with the Service to the fullest extent possible under applicable law. We reserve all rights in and to the Service and the website which are not expressly granted herein.
We receive advertising fees from the brands and service providers we review on the website, offering the Third-Party Services. These advertising fees, combined with our criteria and internal methodology, such as the conversion rates, our team of reviewer's finding and subjective experience and product popularity, impact the placement and position of the Third-Party Services within the comparison table. In the event rating or scoring are assigned by us, they are based on the position in the comparison table, or according to other formula in the event specifically detailed by us. The reviews, rating and scoring are provided “as-is” and we hereby disclaim all expressed guarantees and warrants with regards to the marketability, suitability, incompleteness, applicability or relevance of the information contained herein. We make best efforts to provide the most accurate information however, Third Party Service’s terms might change at any time, subject to the applicable operator’s sole discretion. We do not include all available information nor compare or include all service providers in the market and we present solely the Third Party Services we find to be top rated and the information we find to be applicable. For more information, please review our How We Rate page
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES, INCLUDING REVIEWS, ARTICLES, RATING, SCORING, ETC., WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES AND THE CONTENT, AS WELL AS THE RATING AND SCORING ARE PROVIDED “AS-IS”. YOUR USE OF THE SERVICES AND RELIANCE ON THE CONTENT OR ANY INFORMATION PROVIDED THEREIN ARE SOLELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE SERVICES OR THIRD-PARTY SERVICES. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE THROUGH THE SERVICES IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE. WE DO NOT, EITHER EXPRESS OR IMPLIED, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY SERVICE, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT AVAILABLE IN OR THROUGH THE SERVICES. WE MAKE NO WARRANTY THAT REVIEWS OF THIRD-PARTY SERVICES ARE ACCURATE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS WHICH YOU MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR YOUR RELIANCE ON ANY CONTENT OR YOUR INTERACTION OR ENGAGEMENT WITH THIRD-PARTY SERVICES. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF WE HAVE BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US, AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE AVAILABLE THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE EXCEED $500 US.
You agree to hold us harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the website, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
These Terms are governed exclusively by the Laws of the State of Israel, without regards to its conflict of laws principles, and any dispute arising from this Agreement shall be brought exclusively before the competent courts of Tel-Aviv, Israel. Any cause of action you might have relating to the Service or these Terms is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services and any Content therein, without notice, at any time. we have no obligation to provide support or maintenance for the Services under these Terms. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Services. You hereby agree to receive such updates and upgrades as part of your use of the Services.
We are committed to the protection of privacy of our users. For more information on our privacy practices please review our Privacy Policy.
These Terms of Use, constitute the entire understanding between the parties with respect to the use of the Service. If any part of these Terms of Use is found void and unenforceable, it will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable according to its terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We expressly reserve our right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We reserve the right to periodically amend or revise these Terms of Use from time to time, at our sole discretion, so please re-visit this page frequently. Any changes will become effective immediately upon the display of the revised version. The most recent version of these Terms of Use will always be posted. If we do make any changes, the updated date at the top of these Terms of Use will be reflected in the "Last Revised" heading. Your continued use of the website, following the display of such modified terms, constitutes your acknowledgement and consent of such amendments and your agreement to be bound by the terms of such amendments. In the event of a material change we will make best efforts to provide a written notification.
If you have any questions about these Terms, please contact us at: TrafficPoint Ltd 94 Yigal Alon St. Tel Aviv, IL; or via our Contact Us form located in the footer of each page within our Websites; or send us an email: service@top5networks.com.