General

Haya Real Estate, and its subsidiaries and corporate affiliates (collectively, “Haya Real Estate”) operate a family of Web sites and associated Web pages. Haya Real Estate refers to this group of Web sites as the “Haya Real Estate ™.” Any person accessing or using the Haya Real Estate is referred to as “you”.

Acceptance of Terms

By accessing or using any part of the Haya Real Estate or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Haya Real Estate from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Haya Real Estate and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: http://www.HayaRealEstate.com/company/terms.aspx. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Haya Real Estate.

Additional terms may govern use of certain Web sites or Web pages within the Haya Real Estate. In the event that any provision, term or guideline contained on a particular Web site or Web page in the Haya Real Estate conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

General Use of the Haya Real Estate

Unless specified otherwise, Haya Real Estate offers you access to the Haya Real Estate solely for your personal and non-commercial uses. You agree to only access or use the Haya Real Estate only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

• except with the express written permission of Haya Real Estate, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Haya Real Estate , including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
• damage, disable, overburden, or impair the Haya Real Estate  or interfere with any other party’s use and enjoyment of the Haya Real Estate ;
• Obtain or attempt to obtain any materials or information through any means not made readily accessible by Haya Real Estate through the Haya Real Estate.

Except with the express written permission of Haya Real Estate, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Haya Real Estate.

Except with the express written permission of Haya Real Estate, you agree that you will not create links from any Web site or Web page to any page within the Haya Real Estate; provided however upon prior written notice to Haya Real Estate at info@HayaRealEstate.com, you may create a link directly to any of the Haya Real Estate home pages, including, but not limited to pages currently located at www.HayaRealEstate.com. The origin of any link to any Haya Real Estate home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Haya Real Estate home page. By creating a link to the Haya Real Estate , you agree that (a) you will not employ any technology that results in the placement of content from the Haya Real Estate  in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Haya Real Estate  from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Haya Real Estate . Haya Real Estate reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Haya Real Estate so requests.

You agree that Haya Real Estate may in its sole discretion and at any time terminate your access to and use of the Haya Real Estate, or any part thereof, with or without notice. You further agree that use of the Haya Real Estate and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, Haya Real Estate reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through the Haya Real Estate may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Haya Real Estate to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Haya Real Estate does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Haya Real Estate from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

You acknowledge that Haya Real Estate is not a real estate broker, mortgage broker or mortgage lender, and Haya Real Estate does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Content Contained in the Haya Real Estate

The Haya Real Estate  and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Haya Real Estate  (collectively, “Content”) is owned by Haya Real Estate and/or third parties with all rights reserved unless otherwise noted.. Haya Real Estate grants you a limited license to access and use the Haya Real Estate and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Haya Real Estate provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Haya Real Estate or Content, except with express written consent of Haya Real Estate. You understand that all third party Content posted on, transmitted through, or linked from the Haya Real Estate, is the sole responsibility of the third party originator of such Content. Content is provided through the Haya Real Estate is AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Haya Real Estate be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that Haya Real Estate does not screen or approve third-party Content, and that Haya Real Estate shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or Haya Real Estate any Content that is available via the Haya Real Estate, for any reason.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Haya Real Estate , you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Haya Real Estate. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Haya Real Estate as provided below.

You promise that you will not use the Haya Real Estate to:

• Transmit any Content
  
  • not related to appropriate subject matters;
  • which is misleading to others, including consumers;
  • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • that you do not have a right to post and transmit under any law or under contractual relationships;
  • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to the Haya Real Estate, you grant, and you represent and warrant that you have the right to grant, to Haya Real Estate an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Haya Real Estate, you grant Haya Real Estate all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Haya Real Estate by any party for any purpose.

Haya Real Estate is committed to maintaining the privacy and security of any and all such information that you provide to Haya Real Estate through the Haya Real Estate in accordance with its Privacy Policy. Please click here to review the Haya Real Estate Privacy Policy.

General Terms

Applicable Law

This Terms of Use is governed by the laws of the Israel, without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Israel, in all disputes arising out of or relating to accessing or using of the Haya Real Estate. Access or use of the Haya Real Estate is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Haya Real Estate as a result of the Terms of Use or accessing or using the Haya Real Estate. Haya Real Estate’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Haya Real Estate’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Haya Real Estate or information provided to or gathered by Haya Real Estate with respect to such use.

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Haya Real Estate), the Terms of Use constitutes the entire agreement between you and Haya Real Estate with respect to the Haya Real Estate and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Haya Real Estate with respect to the Haya Real Estate. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE HAYA REAL ESTATE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAYA REAL ESTATE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE HAYA REAL ESTATE, SERVICES AND/OR CONTENT. HAYA REAL ESTATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HAYA REAL ESTATE, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE HAYA REAL ESTATE  AND/OR HAYA REAL ESTATE AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL HAYA REAL ESTATE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HAYA REAL ESTATE , WITH THE DELAY OR INABILITY TO ACCESS OR USE THE HAYA REAL ESTATE  OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE HAYA REAL ESTATE , OR OTHERWISE ARISING OUT OF THE USE OF THE HAYA REAL ESTATE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HAYA REAL ESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE HAYA REAL ESTATE, AND ALL OTHER USE OF THE HAYA REAL ESTATE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HAYA REAL ESTATE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HAYA REAL ESTATE.

Copyright and General Terms

Copyright

All materials on the Haya Real Estate (as well as the organization and layout of the Haya Real Estate) are owned and copyrighted or licensed by Haya Real Estate, its corporate affiliates or its third-party vendors. © Haya Real Estate. 2006, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Haya Real Estate is permitted without the written permission of Haya Real Estate. Any rights not expressly granted herein are reserved.

Copyright of this website is owned by “Haya Real Estate”. All rights reserved.

The entire content (images and text) of www.hayarealestate.com is copyrighted and may not be distributed, downloaded, modified, reused, reposted or otherwise used except as provided herein without the express written permission of Haya Real Estate.

• This website may be used for informational purposes only.
• This website may only be used for non-commercial purposes.
• Any copy of this website or portion thereof must include this notice.

This is not a license. Any product, process or technology described in this website may be the subject of other intellectual property rights reserved by Haya Real Estate and are not licensed hereunder.

Any communication or material that you transmit to Haya Real Estate via www.hayarealestate.com or the Internet electronic mail is on a non-confidential basis with no promise by Haya Real Estate not to use such information for any purpose whatsoever, including reproduction, publication, broadcast and posting.

The material on these web pages is copyrighted by Haya Real Estate (hereinafter “Haya Real Estate”). Please respect the rights of Haya Real Estate.

Permission is given to view the material on the Haya Real Estate web pages and save that material only for personal non-commercial reference. No copying, modifying, using or distributing the material in any way is permitted unless you obtain the permission of Haya Real Estate. Haya Real Estate is not able to inspect or confirm that the material contained on the web pages that are linked to this web page are correct in every case.

Haya Real Estate provides the information on these web pages as is and without any warranties, including merchantability and fitness for a particular purpose, in no event will Haya Real Estate be liable for any loss of profit, business, use, or data or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort. Haya Real Estate may make changes to the web page materials and the product information and prices at any time without notice and without obligation to update the materials contained on these web pages.

Disclaimer

All users agree that all access and use of www.hayarealestate.com and the content thereof is at your own risk.

References in www.hayarealestate.com to services and products are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

In no event shall Haya Real Estate be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.

Haya Real Estate makes no warranties or representations as to the accuracy of www.hayarealestate.com.

www.hayarealestate.com could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of the publication. Haya Real Estate may make improvements and/or changes in the product(s) and/or program(s) described in this publication at any time.

Trademarks

Haya Real Estate and the Haya Real Estate logo are trademarks of Haya Real Estate and may be registered in certain jurisdictions. All other trademarks or registered trademarks are the property of their respective holder.

All other product names mentioned herein are the trademarks of their respective owners.