Terms of use 2018-10-23T15:34:14+00:00

Terms Of Use

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEBSITE OR PRODUCT
First to invest. (“Firstoinvest” “First To Invest” “we,” or “us”) provides its website or product, First to invest, located at www.Firstoinvest.com and Microsoft Azure Cloud (together with all other website or products and services operated by or on behalf of First to invest, the “Site or product”), to you, for your individual usage, subject to compliance with the terms and conditions set forth herein.

Agreement
By using the Site or product, you agree to be bound by our Terms of Use (the “TOU”). If you do not agree to the terms and conditions contained in the TOU, please do not access or otherwise use the Site or product or any information contained herein.
You confirm that you are over the age of 18, as the Site or product is not intended for children under 18. If it comes to First to invest attention through reliable means that a registered user is a child under 18 years of age, First to invest will cancel that user’s account.

Changes to the TOU
We reserve the right at any time to:
Change the terms and conditions of the TOU;
Change the Site or product, including eliminating or discontinuing any content or feature of the Site or product; or
Impose fees, charges or other conditions for use of the Site or product or parts thereof (with reasonable notice).
First to invest may modify the Site or product at any time without prior notice, and you accept those modifications if you continue to use the Site or product. You should check the Site or product frequently to see recent changes.

Important Securities Disclaimer
You understand that no content published on the Site or product constitutes a recommendation that any particular security, a portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand those information providers, App providers, or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, a portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Site or product may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks. In addition, please note that some of the stocks or other assets class about which content is published on the Site or product have a low market capitalization and/or insufficient public float. Such stocks or other assets class are subject to more risk than stocks or other assets class of larger companies, including greater volatility, lower liquidity and less publicly available information. Blogs, postings or content on the Site or product which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Site or product to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Site or product is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser and in web terminal to ensure you are receiving the most recent data.

No Investment Recommendations or Professional Advice
The Site or product is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site or product should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by First to invest or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation. FIRST TO INVEST is not responsible for any loss that may be incurred by any person resulting from the use of the Services or any material contained herein.

Copyright, Linking Policy and Trademarks
The Site or product contains links to other Internet website or products or links to Content created by third parties which is published on the Site or product. We neither control nor endorse such other website or products or Content, nor have we reviewed or approved any Content that appears on such other website or products or on our Site or product. Please read the terms of use and privacy policy of any such third party site or products that you interact with before you engage in any activity. You are solely responsible and liable for your use of and linking to all third party site or products. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any Content, advertising, products, services, or information located on our Site or product or any other website or products, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Similarly, while we do endeavor to facilitate the provision of quality Apps, we are not responsible for any loss or damages caused or alleged to have been caused by their use.
This section shall survive any termination of these TOU.

Disclaimer of Warranties
THE SITE OR PRODUCT, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE OR PRODUCT, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIRST TO INVEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE OR PRODUCT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
FIRST TO INVEST AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE OR PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR PRODUCT OR THE SERVER(S) ON WHICH THE SITE OR PRODUCT IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE OR PRODUCT AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF FIRST TO INVEST OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR PRODUCT OR OTHERWISE, SHALL CREATE ANY WARRANTY.

Limitation of Liability
NEITHER FIRST TO INVEST NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR PRODUCT AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH FIRST TO INVEST. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR PRODUCT IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO FIRST TO INVEST FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR PRODUCT OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
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.

FIRST TO INVEST is not responsible for any loss that may be incurred by any person resulting from the use of the Services or any material contained herein. You are solely responsible for any actions or decisions you take based on materials and information available through our Site or product and Services and should carry out your own research and investigation as appropriate.

Registration, Account Creation and Access

As part of the registration and account creation process, you will be given a username and a password. You agree to treat your username and password (individually and collectively, “User ID”) as confidential and not to disclose such User ID, either directly or indirectly, to any person. You are fully responsible for all of your usage of and activity relating to the product including, but not limited to, any use of the User ID. Only you may access a password-protected portion of the product through the User ID and access may not be shared with any other person or used in any manner that is inconsistent with the TOU. First To Invest, in its sole discretion, reserves the right to terminate your access to and use of the product, or any portion thereof, and to block, temporarily or permanently, your access to the product, including the ability to download any content or Data, at any time without notice and effective immediately.

(b) Security. You agree to: (i) promptly notify First To Invest of any known or suspected unauthorized use(s) of the product, including but not limited to the User ID, or any known or suspected breach of security, including but not limited to, loss, theft, or unauthorized disclosure of a User ID; and (ii) properly exit any password-protected portion of the product at the end of each session. FIRST TO INVEST SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS. If a device on which the product is accessed is sold or transferred to another party, you shall delete all cookies, data, software files and other materials obtained by or through use of the product that are stored on such device. Notwithstanding anything else herein, First To Invest reserves the right to pursue any and all claims against you and any person or entity using your User ID.

(c) Audit, Monitoring, and Disclosure of Information. First To Invest reserves the right periodically to audit and monitor (physically or electronically) your use of the product to ensure compliance with the TOU and to maintain and improve the provision of the product. First To Invest shall have the right to use and disclose information obtained from or input by you as part of any legal process or proceeding, as required by law or as otherwise permitted under the privacy policies that may be accessed from the Site.

Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“product”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.

Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations.  [Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services.]

Company shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing.  The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement.  If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

Termination
You understand and agree that First to invest may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site or product. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third-party copyrights or other intellectual property.

Miscellaneous
(a) These Terms and Conditions shall be construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules.

(b) Any claim or dispute between you and us that arises in whole or in part from your use of the Services or the Site or product shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel, and you hereby consent to, and irrevocably waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Tel Aviv.

(c) If there is a dispute between you and anyone accessing our Site or product or Services, or you and any third party in connection with our Site or product or Services, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release FIRST TO INVEST and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries and their related companies from any and all claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
The Site or product is directed solely to individuals residing in jurisdictions in which provision of the Site or product’s content is legal. We make no representation that materials provided on the Site or product are appropriate or available for use in other locations. Those who choose to access the Site or product from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site or product to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU, together with all First to invest policies referred to herein, constitutes the entire agreement between you and First to invest relating to your use of the Site or product and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU, privacy policy and the relationship between you and First to invest are governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You and First to invest agree to submit to the personal and exclusive jurisdiction of Israel’s Haifa court, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU.

FIRST TO INVEST

27 Shderot Hahistadrot St, Haifa, Israel

Phone: New-York 646.661.2850 | Israel 972.532.444.984

[email protected]