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Terms of Use

Updated October 9, 2016

Welcome to www.smartest-trading.com (the "Website"). The Website is owned and operated by Smartest Trading Ltd ("ST", "us" or "we"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. The term “You” refers to the user or viewer of the Website.

Acceptance of Terms of Use

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website. You agree to the terms and conditions outlined in this Terms of Use, with respect to this Website. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement.

Amendment

We reserve the right, in our sole discretion, to change modify, add or delete portions of this Terms of Use Agreement at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any changes to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

Limited License and Permitted Use

All content contained on the Website (collectively, “Content”) such as, but not limited to text, graphics, logo, videos, and is our property or the property of our licensors or licensees. All Content of our Website is protected by applicable copyrights, trademarks and other proprietary and intellectual property rights laws. Any trademarks, service marks, page headers, icons and trade names (each a “Mark”) contained on this Website are proprietary to us or our licensors of licensees. Other product and company names mentioned on the Website may be trademarks of their respective owners. You are granted a non-exclusive, non-transferable license to (1) access and use the Website and review its Content strictly in accordance with these Terms of Use. (2) to use the Website solely for personal, home, non-commercial use (3) to print out information from the site solely for personal, non-commercial purposes, provided that you maintain all copyright, policies and terms contained therein, and not modify the content. You agree to not remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of ST or its licensors.

Restrictions and Prohibitions on Use

Your license to access, use and review the Content on the Website does not include, and specifically exclude your right to (1) reproduce, copy, print, republish, distribute, transmit sell rent, leases, loan, or otherwise make available in any form any of the Content of this Website; (2) use any of the content of this Website for any commercial or non-personal use; (3) use any form of data mining with the Content of this Website (4) use the Content of the Website in a manner that violates any local or international copyright law, property rights or intellectual property rights laws; (5) modify in any way, decompile reverse engineer, unobfuscate, or disassembly the Website; (6) misrepresent the Website; (7) use the Website in a matter that violates the laws of your jurisdiction. Your rights to use the Website is NON transferable or assignable to any other party. Our Marks may not be used with any other products or services unless with our expressed written consent.

Consent to Use of Data

You agree that ST and its agents may collect and use technical and related information, and any information that You provide Us on our Website or communicate to us by email, including but not limited to technical information about your computer, system and application software, and peripherals, that may be gathered periodically to facilitate the provision of software and products updates, product support and other services to You. ST may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. We reserve the right and you authorize us to use any information you provide us or that we collect in a manner that is constant with our Privacy Policy.


You may submit information to us including but not limited to comments, questions, pictures, ideas, suggestions, video segments yourself or via a third party (collectively a “User Generated Content”) as long as these are done in a manner that does not violate any applicable laws, and is non derogatory obscene threatening defamatory, invasive of privacy, or infringes on the intellectual property rights or otherwise injurious to third parties. All User Generated Content will become our property for indefinite amount of time and we shall have exclusive ownership to the User Generated Content and unrestricted rights to the use thereof for any and all purposes of the User Generated Content. We will not be required to treat any User Generated Content as confidential, and We may use it for any commercial or other purpose without requiring your permission to do so, and without compensating you or any other person sending it. We will not incur any liability for the use of any User Generated Content or liability as result for any similarities that may appear in any of our Website Content now or in the future to any User Generated Content. You acknowledge that you are solely responsible for the content of any User Generated Content you provide us (either by yourself or through a third party) . We shall have the right, but no obligation to use the name you provide us as well as other names that you may be known in connection with User Generated Content. You hereby agree and unconditionally grant us a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, transferable universal license to use, reuse, reproduce, transmit, print, display, distribute, re-distribute copy, modify, store, copy, cash edit, adapt, translate and use in all other ways the User Generated Content, in full or in part, in all media, without any further notice to You, without any compensation to use, and without any attribution to you. You represent, warrant and agree that (1) you own or otherwise control all the rights to all User Generated Content you submit to us directly or indirectly; (2) that the content of the User Generated Content you submit is accurate, does not violate any copyright or other laws, and does not violate our Terms of Use or Privacy Policy; (3) you will not cause injury to anyone; (4) that you will indemnify us and our Affiliates from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the rights (but no obligation) to monitor, edit, remove any content that involves you. You may not send us any form of “spam”, or any content that includes viruses or any other form of malware.

Linking to the Website

You are granted to a limited, revocable, and non-exclusive right to create a hyperlink to our home page only, provided that the (1) you do not remove or obscure advertisements, copyright notice or other notices on the Website; (2) the link does not portray Us or any of our affiliates in a matter that is derogatory, misleading, false; (3) you must discontinue providing links to our Website immediately upon a request by us.

No Professional Advice

ANY SOFTWARE PRODUCT AVAILABLE ON OUR WEBSITE (“SOFTWARE”) AND ANY RELATED SERVICES AND CONTENT ARE PROVIDED WITH THE UNDERSTANDING THAT ST AND ITS LICENSORS, AGENTS AND AFFILIATES ARE NOT ENGAGED IN RENDERING LEGAL, FINANCIAL ADVISORY, ACCOUNTING OR OTHER PROFESSIONAL SERVICES OR ADVICE. IF LEGAL OR OTHER PROFESSIONAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, YOU SHOULD SEEK THE SERVICE OF A COMPETENT PROFESSIONAL. ST EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE, OR ANY SOFTWARE OFFERED ON THE WEBSITE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SECURTIES ACT OF 1933, THE SECURITIES AND EXCHANGE ACT OF 1934, THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT, THE FOOD, CONSERVATION, AND ENERGY ACT OF 2008, THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE WEBSITE, OR ANY SOFTWARE OFFERED ON OUR WEBSITE, RELATED SERVICES AND/OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND FINANCIAL AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.

No Client/Patient relationship

The use of this Website or any of the programs offered or any email or written communication between you and Us or any of our affiliates or employees, is not intended, and does not constitute psychotherapy, counseling, mental health treatment or medical treatment, and does not offer psychiatric evaluation, diagnosis or treatment under any circumstances. Any statements appearing within on this Website DO NOT constitute any medical advice. Use of this Website does not establish a physician patient or client-patient relationship with Dr. Guy Farber, or any other Smartest Trading employee or affiliate under any circumstances. We do not guaranty the accuracy relevancy to individual person, effectiveness, or usefulness of the Content of this Website or any other communication received by you on us from us or from anyone else. You may use this Website, its content, other resources linked and referenced from our Website “As-Is” solely at your own risk. If you believe you are in need of mental health services of any kind, it is your sole responsibility to seek appropriate mental health services from appropriate providers. We do not offer mental health services, and our services should not be construed as such.

Use and protection of password and ID

Certain areas of the Website require you to have an account with us with a user ID and password. It is your sole responsibility to keep your ID and password secure and confidential. You many not transfer your user ID or password to any other party. We are under no obligation to investigate any unauthorized use of your user ID or password. You are to notify us immediately of any unauthorized use of your user ID or password.

Purchase

If you use any offerings on our Website that require payment, you acknowledge that any credit information you provide is true and complete, and that you must use your own accurate information with your own name, in a matter that is consistent with all laws. You acknowledge that any charges incurred by you, will be honored by your credit card company and you will be responsible to pay the charges incurred by you and the posted prices including any applicable taxes and fees. You may make payments or donations to us via third party payment processing agent. Any such reference to such Third Party referenced or directly included on our Website is provided "AS IS", without any representation or warranty, either expressed or implied, of any kind by ST. This includes, but not limited to ST does not warranty the accuracy, correctness, usefulness, safety or effectiveness of any such Third Party Content, or your enjoyment of, or results that may be obtained from any Third Party Content. The entire risk of using any Third Party Content and services is assumed by You. In no event will we be liable for any direct or indirect, special incidental or consequential damages arising out of the use of or inability to use the Third Party Content or services or for any loss or damage of any kind caused to you or any other person as result of that use. All purchases from and by Smartest-Trading are subject to the terms of Heter Iska Brit Pincas.

Errors and corrections

The Content of the Website may contain errors, partial or incomplete information. We do not guarantee in any manner the Content of the Website. We do not represent or warrant that the Website is virus free, or does not contain any other malware or other harmful component. We reserve the right to modify the content of the Website at any time. We do not warrant or guarantee in any matter that any information that you provide would be kept, and it may be discarded without notice.

Third Party Content

Third party content (“Third Party Content”) may appear on the Website or may be referenced as text or hyperlink from the Website. We are not responsible or assume any liability for any of the content provided on such Third Party Contents. We are not responsible or assume any liability for any of the services, products or opinions expressed or implied that appear in the Third party Content. You understand and acknowledge that that information and opinions in any Third Party Content represents solely the prospective providers of such content, and is in no way is endorsed by us. Any Third Party referenced or directly included on our Website is provided AS IS, without any representation or warranty, either expressed or implied, of any kind by ST. This includes, but not limited to ST does not warranty the accuracy, correctness, usefulness, or effectiveness of any such Third Party Content, or your enjoyment of, or results that may be obtained from any Third Party Content. The entire risk of using any Third Party Content is assumed by You. In no event will we be liable for any direct or indirect, special incidental or consequential damages arising out of the use of or inability to use the Third Party Content or for any loss or damage of any kind caused to you or any other person as result of that use.

Advertisers

ST Website may contain advertising and or sponsorships. Advertisers and sponsors are solely responsible for the content of the advertisement and any content related to their advertisement or sponsorships that is included on our Website, and that any such content complies with any applicable laws. ST is not liable or responsible in any matter for the advertiser’s or sponsor’s material.

Termination

These Terms of Use are effective until terminated by either you or us. You may terminate theses Terms of Use at any time prospectively by discontinuing your access of an use of the Website and destroying all materials obtained from the Website. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by a certified mail postage pre-paid to:

Smartest Trading
Nehar Hayarden 102/3
Bet Shemesh Israel 99624

We may terminate these Terms of Use, including your access to and use of this Website, in our sole discretion, without cause and without notice to you. Upon termination, you much destroy all materials obtained from this Website, and cease any access to or use of the Website. You agree that we, in our sole discretion, may terminate your membership, and remove and discard any content that you have posted on the Website or submitted to us otherwise, for any reason and without cause. You agree that any termination of your access to the Website under any provision of this Agreement may be in effect without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bard any further access to such files or your access to the Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.

Indemnification

You agree to indemnify, defend and hold Us including our management and employees, and our partners, subcontractors and agents, third party suppliers of any of the Content on our Website and affiliates (collectively “Affiliated Parties”) harmless from any liability, loss, claim and expenses related to your violation of this Terms of Use agreement or use of the Website.

Unlawful activity

You must use our Website in a fashion that is consistent with all applicable laws. We reserve the rights to investigate complaints of reported violations of this Terms of Use agreement, and take any action we deem appropriate, and disclose any information that we would consider necessary or appropriate when doing so.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS YOURS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ST HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

ST DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE AND ANY OF ITS CONTENT, AND DOES NOT WARRANT THAT THE WEBSITE CONTENT, ITS PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE SOFTWARE OR CONTENTWILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ST OR AN ST AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD ANY OF OUR PRODUCTS, SERVICES OR OFFERINGS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER OR RIGHTS WITH RESPECT TO PRODUCTS PURCHASED FOR PERSONAL, FAMILY OR HOUSEHOLD USE.

All responsibility or liability for any damages caused by viruses or any other form of malware contained within the Website, its Content or any other form of communication from us is disclaimed.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ST OR ANY OF ITS MEMBERS, MANAGEMENT OR OTHER AGENTS BE LIABLE FOR PERSONAL OR ECONOMIC INJURY, OR FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR INVESTMENTS, LOSS OR CORRUPTION OF DATA, TELECOMMUNICATION FAILURES, BUSINESS INTERRUPTION, ADVERSE TAX CONSEQUENCES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE) AND EVEN IF ST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall ST's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Export Control; Compliance with Laws

You may not use or otherwise export or re export any part of the Content of the Website. In particular, but without limitation, any software offered on our website may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Website, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Website in connection with any activity prohibited by United States or applicable state or foreign law, including, without limitation, the commission of any fraud, securities or commodity trading fraud or any other violation of federal or state law relating to the trading, offering, purchasing or selling securities and/or commodities or laws governing the licensure of persons engaged in such activities, or the rules of any securities or commodities trading exchanges.

Consent to Conduct Business Electronically

A. Consent to Electronic Communications

ST may desire to send "Communications" (as defined below) to You that may pertain to the Website, or ST’s offering or the use of information You may submit to ST. You agree that ST, on behalf of itself, and others who administer such services (as applicable), may send Communications to You by email and/or may make Communications available to You by posting them at one or more of our sponsored websites, such as http://www.smartest-trading .com. You consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other type of information that is made available to You or received from You in connection with the Website, its Content or any other ST offerings or services.

B. Consent to Doing Business Electronically

The decision whether to do business electronically is Yours, and it is Your responsibility to determine whether you have the required hardware and software capabilities to effectively utilize the Website and its products and services. Your consent to do business electronically, and our agreement to do so, applies to this Terms of Use.

C. Withdrawal of Consent

If You later decide that You do not want to receive future Communications electronically, send an email to support@smartest-trading .com or a letter by regular mail to: Smartest Trading Ltd., 102/3 Nehar Hayarden, Ramat Bet-Shemesh, Israel 99624. Clearly state Your desire to withdraw consent to electronic communication. If you withdraw your consent to receive Communications electronically, we may terminate your use of any software offered on our website and your account on our website.

D. Changes to Your Email Address

In order to provide you with the Communications, you agree to notify us promptly of any change in your email address. You can do so by send us an email to support@smartest-trading.com  and providing us with your name and both your old and new email addresses.

General

A. Governing Law; Jurisdiction; Reformation of Invalid Provisions

This Terms of Use and all of Your rights and obligations are governed by and shall be construed in accordance with the laws of the State of Israel, as applied to agreements entered into and to be performed entirely within Israel between Israeli residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By using the Website, You agree that you may be sued in the state of Israel courts and submit to their having personal jurisdiction over You. If any or provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions hereof or the whole of this Terms of Use. Further, You expressly authorize the court modify the term or provision to the extent necessary in the court’s opinion to render such term or provision enforceable, and Your rights and obligations shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent set forth herein.

B. Entire Agreement; No Third Party Rights

This Terms of Use contains the entire embodiment of Your rights and responsibilities regarding the use of the Website and any of our products and services and this License specifically supersedes any other agreements, understandings, and other communications (written and oral, including any advertising material) related thereto. Nothing express or implied in this License is intended to confer, nor shall anything herein confer, upon any person other than You and Your permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever.

Notice and Procedure for Making Claims of Copyright Infringement:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

2. A description of the copyrighted work that you claim has been infringed

3. a description of where the material that you claim is infringing is located on the Website.

4. Your address, telephone number and email address

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.

6. A statement by you, made under penalty of perjury, that the above information is your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

7. Our Copyright Agent for notice of claims of copyright infringement on the Website can be reached by directing an email to the copyright agent at info@smartest-Trading .com, and must be accompanied by a pre-paid certified letter addressed to:

Smartest Trading Ltd.
Attn: Copyright Agent
Nehar Hayarden 102/3
Bet Shemesh Israel 99624

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