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Terms of Use of the Website

Welcome to the Surrogacy Guru Website. The terms of use of this Website are as follows:

1. General

1.1    The Terms of Use below apply to the use of the website or any other website that has been set up by Erez Baron, alone or with others, which has no specific rules (the “Website”). For the removal of doubt, the term Website refers to the Website and all parts of it and the content of the Website of any type and kind, including all information and content included on the Website, whether visible to Users or not. In addition the term Website will also refer to the parts of the Website that are accessed through other addresses and similar domain names.

1.2    Use of Website constitutes your consent to the terms of use, as worded and in their entirety, and constitutes consent by behavior to the terms of use. The User is requested to read the terms of use carefully.

1.3    The Website is managed and operated by Erez Baron and by subsidiaries and related partnerships (jointly: “Erez Baron”).

1.4    Access to and use of the Website, including the contents contained therein and the various services running on it are subject to the conditions set forth below (the “Terms of Use”), which formalize the relations between Erez Baron and any person browsing, viewing or using the Website or the information contained therein or receiving any information or service published on the Website, directly or indirectly (the “User” or “Users”).

1.5    The Terms of Use apply to use of the Website and the contents contained therein through any computer or other communication device (such as a mobile phone, smartphone, tablet, etc.). In addition the Terms of Use apply to the use of the Website, whether via the Internet or through any other network or means of communication.

1.6    In the Terms of Use, the terms “information” or “content” or “contents” include any information of any type or kind, including any verbal, visual, audible, audiovisual content or any combination thereof and design, processing, editing, distribution and manner of presentation of the contents (including (but not limited to): picture, photography, illustration, animation, chart, imaging, video clip, audio file and any object, software, file, computer file, application, format, protocol, electronic form, database and interface and any sign, mark, symbol and icon.


1.7    Any mention of part of the Website refers to any certain part of the content of the Website, including any page of the Website or any part of a page, or any object, property, option, application or other part of the Website, as it will be from time to time.


1.8    In these Terms of Use, “computer” includes any device or means allowing access to contents through the Internet, such as: a smartphone, tablet computer and the like.


1.9    The Terms of Use of the Website are worded in masculine gender for the sake of convenience only, and refer to men and women alike.


2. Contents on the Website and the information displayed in it

2.1    The entire Website, including any information appearing in it and its underlying software, is offered to its Users as is.


2.2    Erez Baron makes efforts to ensure that the information contained in the Website will be exact and updated, but certain contents may be incomplete and there may be technical or other errors in certain content, including in software components. Erez Baron will not bear responsibility for any damage, expense or loss that will be sustained by Users due to errors or imprecisions in the said information.


2.3    The User is aware and agrees that access to parts of the Website may be contingent to and/or affected by installation of hardware and software components in his computer, including certain browsers and plugins for those browsers. The User is responsible for checking and installing any software component that will be required for using the Website, at his own expense and responsibility. Erez Baron is not responsible for these software components or for any defect therein, or for any error or discrepancy in the display of the contents that arises from the software components, their installation or non-installation. Without derogating from the entirety of the foregoing, access to the Website and contents and their display may vary according to the properties of the hardware, the operating system and the software that the computer uses and their settings. Erez Baron does not warrant that the contents will be displayed fully or in an identical or correct manner on different computers.


2.4    Erez Baron clarifies that the information displayed on the Website does not constitute a recommendation, expert opinion, advice or offer to purchase a product or provide a service, and any reliance on the information displayed on the website is at the sole responsibility of the User and Erez Baron will not bear any responsibility as a result of the User’s reliance on the information or the degree of suitability of the information for the use or purposes of the User. Erez Baron has no responsibility for certain contents that originate from third parties and Erez Baron does not guarantee the degree of precision of these contents.


2.5    The transmission of information to or from the Website does not create between the User and Erez Baron any legal relations, except for the legal duties of the User as set forth in these rules. The rights of the parties are those that are set forth in these Terms of Use, and the said use of the Website or transmissions does not confer any additional rights.

2.6   Erez Baron is allowed to restrict the access to the Website or parts of it to various user types or to its customers and also restrict access to them to Users who register on the Website or who confirm their consent to special, particular conditions.


3. Copyrights

3.1    The entire Website and the information appearing therein, including its content (also including but not limited to its design, its software applications, the names and trademarks and any other detail appearing or embodied therein) are the exclusive property of Erez Baron or of third parties that have permitted Erez Baron to use them and they are protected by law, including the laws of the State of Israel, international treaties and statutes of other countries. Without derogating from the entirety of the foregoing, the rights to any trademark of Erez Baron will remain exclusively owned thereby and the Users are not allowed to make any use thereof.


3.2    The User undertakes to follow the above mentioned statutes and treaties and is prohibited from causing any change or falsification of information or copying, publishing, distributing, transmitting, displaying, executing duplicating, licensing, creating derived art from or selling or renting out any part of the information contained in the Website or making any use of the trade names or trademarks shown on the Website, without the prior written consent of Erez Baron.


4. Links to other websites

The Website may contain links to websites that are not operated by Erez Baron (“links”). The links are shown for the convenience of the User only and Erez Baron has no control over these websites and it assumes no responsibility for the contents appearing therein. The inclusion of the links on the Website does not indicate support of the content displayed in these websites or any other connection to these websites or to their operators. Erez Baron does not warrant that these links will be correct or that these links redirect to the websites that each electronic pointer purports to link to. Erez Baron is allowed at its sole discretion to remove any link from the Website or add additional links.


5. Subjection to the privacy policy

Erez Baron attributes great importance to safeguarding the privacy of the Users of the Website. Erez Baron’s privacy policy is set forth on this Website and constitutes an integral part of these terms of use. As the privacy policy may change from time to time, the User is recommended to reread the policy document from time to time. The use of the Website also constitutes consent to the privacy policy.


6. The duties of the User

6.1    The User undertakes not to perform actions on the website that may restrict or prevent others from using the Website, and not to use the Website in a manner that is not consistent with any statute, including any modification or deletion of information or content.


6.2    The User undertakes not to perform any action that constitutes falsification, impersonation, deception or fraud.


6.3    The User undertakes not to upload, extract, transmit, distribute or publish information or other content that includes an advertisement of any kind, without prior explicit authorization from Erez Baron.


6.4    The User undertakes not to make any commercial use of the information and of the content in the Website, or any part thereof.


6.5    The User undertakes to indemnify and compensate Erez Baron immediately upon its demand for any damage, direct or indirect, or any expense that will be sustained by Erez Baron in relation to a claim or a demand arising from the use of the Website, including any action that contravenes these Terms of Use or the provisions of any statute, including owing to any infringing content that the User will publish on the Website.


6.6    The User agrees that without prejudice to any other right of Erez Baron, in cases in which Erez Baron fears that the User’s use does not correspond with the provisions of the Terms of Use or any statute, Erez Baron will be allowed to perform any action as it sees fit to take in order to protect its property or rights and on the rights of other Users, including, among other things, denying the User access to the Website and documenting or tracking the User’s use of the Website. It is also clarified that Erez Baron may transfer details about the identity of the User and on actions that he has performed on the Website to third parties, including in the case of the third parties proving, to the satisfaction of Erez Baron, that they have sustained damage as a result of the User’s infringement acts.


6.7    To the extent that the User has received a password or access code or authorization for using the Website or any part thereof, it undertakes not to disclose the password or access code to any other person and not to allow any other person to make use of them or an authorization. The User will be responsible for any use that is made using his password, access code or authorization.

7. Publication of contents on the Website by Users

7.1    On the Website, contents that originate from Users of the Website are published. These contents are published on the parts of the Website that are intended for this purpose, such as communities, forums and talkbacks.


7.2    Erez Baron encourages free speech and holding productive discussions on the Website, with active participation of Users. However, in order to allow for civilized, pertinent interactions and to prevent abuse of the options made available to Users to express themselves on the Website, Erez Baron is allowed to check these contents before their publication on the Website and after their publication. Such checks will be done in order to attempt to prevent the publication of hate speech, threats, profanity, slander and contents that are ostensibly illegal or do not correspond with these Terms of Use or the character or purposes of the Website. In these checks, Erez Baron is allowed to exercise discretion that is not necessarily legal discretion.


7.3    The contents are not published on behalf of Erez Baron and do not express the views or positions of Erez Baron, and their publication does not constitute any guarantee of their validity, authenticity, precision or legality. Therefore Erez Baron does not assume any responsibility for contents that Users upload and is not responsible for their authenticity, credibility, precision or completeness and he is not responsible for any consequence resulting from their use or reliance on them. The sole responsibility for such contents and any consequence resulting from them is assumed by the User who has delivered them for publication.


7.4    The Users of the Website are requested to treat contents that are published on the Internet with caution and a critical eye, including contents that other Users publish on the Website. The User of the Website must remember that the information that is displayed on the Website does not constitute an alternative to consultation with appropriate professionals when such consultation is required.


7.5    At the time of transmission or delivery of messages for publication on the Website, the User assumes the full, exclusive responsibility for any consequence resulting from the publication. The User must make sure that these contents are legal. Among other things, as an example only, the User is prohibited from publishing the following contents (“infringing content”) on the Website:

•    Any content that is known to the User as being untruthful, misleading or falsified or that may mislead other people;

•    Any content that may encourage, solicit, incentivize or assist another person in committing an act that is prohibited by statute;

•    Any content that constitutes slander against another person or that invades the privacy, damages the reputation or discloses the commercial secrets of another person;

•    Any content of harassing, offensive, hostile, threatening or rude character or content;

•    Any pornographic or sexual content;

•    Any content relating to and identifying minors, their personal information or address and means of contacting them;

•    Any content that personally identifies other people, without them having given their consent to the publication of their identity;

•    Any content that contains or encourages racism or prohibited discrimination based on race, extract, skin color, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socioeconomic status;

•    Any content that infringes on or violates the proprietary rights of others – including copyrights and trademarks;

•    Marketing of advertising content from the User that is intended to promote his own interests or those of others on his behalf;

•    Any computer software, computer code or application containing a computer virus, spyware, etc., including hostile features known as Trojan horses, worms, vandals, malware and the like;

•    Passwords, usernames and other details that allow the use of computer programs, digital files, websites or services that require registration or payment, without registration or payment;

•    Any content of commercial advertising character, whose publication has not been explicitly authorized in advance by Erez Baron;

•    Any content whose access is blocked (by password, etc.) or that is not free to all Internet users or that involves payment or registration.

•    Any content that may result in legal liability or a basis for a claim or civil liability against the publisher or any other person;

•    Any content contravening the common rules of use of the Internet or that may cause damage or harm Internet users in general and Users of the Website in particular;

•    Any material that damages or that may damage Erez Baron.


7.6    Erez Baron is allowed to refuse to publish, or delete immediately, any content that a User has delivered for publication, at any time he sees fit, whether at his own initiative or at the request of another person - because the content is infringing content or may impair the services provided by Erez Baron, its Users, Erez Baron or persons on his behalf or because the content does not correspond with the character and purposes of the Website, at Erez Baron’s sole discretion. These provisions are in addition to the statutory rights of Erez Baron. Erez Baron is also allowed to remove any such infringing content or block access thereto. It is clarified that Erez Baron is not required to perform any active action to locate or filter infringing material.


7.7    The User grants Erez Baron a nonexclusive right of use, without consideration and for an indefinite period, for any content that the User has chosen to upload to the website, and waives any argument or claim towards Erez Baron and any monetary or other right towards it, for any use that he makes of the content that he has uploaded to the Website.

8. Conditions specific to customers of Erez Baron who have registered to use specialized parts of the Website

8.1    The Website may contain presently or in the future specialized parts or features that are intended for use by customers of Erez Baron, and which will permit such customers relevant information or features, subject to Erez Baron’s exclusive discretion (the “Customers Website”).


8.2    To the extent that such customers sign the Terms of Use or additional agreements or documents in relation to the use of the Customers Website (irrespective of their name or title), the provisions of these Terms of Use will apply in addition to any such additional condition, agreement or document, and the said documents and these Terms of Use will be considered to complement each other.

9. Limitation of liability

9.1    The Website is to be used at the responsibility of the User only. Erez Baron does not assume any responsibility or liability for any disruption, error or omission in the content of the Website. Erez Baron will not be responsible for any direct, indirect, consequential or incidental damage owing to access to and use of the Website or owing to any denial of access of use of the Website, whether on contractual or tortious grounds. Erez Baron is not responsible for any damage, including owing to a computer virus, hostile features known as Trojan horses, worms, malware, spyware or software applications of various types, to the User’s computer equipment or any other property of the User, which will be caused as a result of browsing or using the Website, including due to downloading of information from the Website.


9.2    The User is aware that Erez Baron cannot oversee all information and every message that is uploaded or that will be uploaded and displayed on the Website by other Users, and he is not responsible for any such publication of third parties.

10. Miscellaneous provisions

10.1    Erez Baron is allowed, at all times, to make changes to the Website, remove any part of or add to the Website, from time to time, by updating the Website, and to terminate and start the activity of the Website, to refuse to grant access to the Website or parts of it to any User, at Erez Baron’s sole discretion, without advance notice, and the User will have no argument towards Erez Baron in this regard. Without derogating from the entirety of the foregoing, Erez Baron is not required to save the information and content of the Website, whether it originates from Erez Baron or originates from Users or third parties, and he is allowed to delete it.


10.2    If it is determined that any of the Terms of Use is invalid or unenforceable, the invalidated or unenforceable terms will be considered as having been replaced with valid, enforceable terms whose content corresponds as closely as possible with the meaning and intent of the original terms and the remaining Terms of Use will remain in effect.


10.3    Erez Baron is allowed to assign his rights and obligations under these Terms of Use, or any part thereof, to any third party as he sees fit, without any duty for Erez Baron to publish the said act of assignment on the Website.


10.4    The User is not allowed to assign, transfer or endorse his rights or obligations under these Terms of Use, or any part thereof, or any account or authorization that will be given to him for the Website or any part thereof.


10.5    All of the activity on the Website and everything related thereto and involved therein, including the Terms of Use, will be subjected to Israeli law only and the sole jurisdiction in relation to any conflict that pertains to the Website and its use and the Terms of Use will be conferred to the competent courts in the Tel Aviv District, Israel.


10.6    Erez Baron reserves the right to make changes in the Terms of Use at any time, at his discretion, without advance notice, and any change in the Terms of Use will be with immediate effect upon its publication on the Website, within the Terms of Use, unless otherwise stated. The User is responsible for checking on and learning of updates in the Terms of Use from time to time.


10.7    Any question or problem that is related to the Website or its Terms of Use and any suggestion for improvement or recommendation is to be sent to:

10.8    The User’s use of the Website constitutes his declaration and confirmation that he has read these rules, understood their content and has consented to their provisions. The User hereby waives in advance and will not be allowed to make any argument or demand against Erez Baron or any agent thereof in relation to the subjects laid down in these rules.

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