CheapHelpDesk.com Terms of Use

Last update: Feb, 2016.

You are being presented these Terms of Use because you are visiting a website (the “Website”) that is either (a) owned and operated by IT Media ltd (“IT Media”, “IT Media , “CheapHelpDesk”) or (b) includes content, including but not limited to registration and other forms, owned by IT Media or drawn from a website owned and operated by IT Media. By accessing and using this Website or IT Media’s services, you agree to be bound by these Terms of Use and all other terms, policies and operating procedures that may be published on this Website. In addition, when you visit this Website or IT Media and any of our participating vendor’s (“Vendors”) websites, you are subject to both these Terms of Use and any other terms of use and guidelines set forth at our Vendors’ websites. All these rules and policies are incorporated into these Terms of Use by this reference. So please read these Terms of Use and any Vendor’s terms and conditions carefully. If you do not agree to our Terms of Use, do not enter or use this Website. We reserve the right to update or otherwise modify these Term of Use from time to time. You are responsible for checking these Terms of Use periodically for changes and updates. Your use of this Website following posted change(s) and update(s) will be deemed an acceptance of such change(s).

1. INTRODUCTION

1. Purpose of CheapHelpDesk

The mission of CheapHelpDesk is to help software buyers find the right software for their organization. To achieve our Mission, we make services available through our website.

2. Scope and Intent

You agree that by registering on CheapHelpDesk, or by using the our website, including our mobile applications, developer platform, premium services, or other information provided as part of the CheapHelpDesk services (collectively “CheapHelpDesk” or the “Services”), you are entering into a legally binding agreement with IT Media ltd Corporation, Hadror Streed, PO box 53, Moshav Eiv Vered, 40696, Israel (“we,” “us,” “our,” and “CheapHelpDesk”) based on the terms of this CheapHelpDesk User Agreement and the CheapHelpDesk Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become an CheapHelpDesk user (“User”). If you are using CheapHelpDesk on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become an CheapHelpDesk User, do not conclude the Agreement, do NOT click “Join CheapHelpDesk” and do not access, view, download or otherwise use any CheapHelpDesk webpage, information or services. By clicking “Join Now,” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Join Now,” you also consent to use electronic signatures and acknowledge your click of the “Join Now” button as one. Please note that the CheapHelpDesk User Agreement and Privacy Policy are also collectively referred to as CheapHelpDesk’s “Terms of Service.”

2. PRIVACY

We may collect certain types of personally identifiable information from you. Please review our Privacy Policy, which also governs your visit to this Website and sets forth the information we may collect from you and how we will protect it and use it.

3. ELECTRONIC COMMUNICATION

When you send e-mails to us or visit the Website you are communicating with us electronically. By communicating with us via e-mail or by submitting any request on the Website, you agree that we may send e-mail to you and you consent to receive e-mail or other electronic communications from us. Generally, we will communicate with you by e-mail or by posting notices on this Website. Nevertheless, if you request a demo, a price quote, or a download for any Vendor software or Advisor article; request more information about a particular Vendor; or provide us your contact information, you (i) consent and agree to our contacting you by phone at the phone number(s) you provided to us and (ii) consent to us recording or monitoring your phone call for quality assurance or training purposes. There will be no other or further warning concerning our recordation of calls between you and IT Media staff. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and/or that they be sent to the recipient’s last known address. By calling our toll-free “800” number, you are likewise consenting to our further contact by telephone at the number or numbers you furnish at the time of the call and to our Privacy Policy and these Terms of Use.

4. OWNERSHIP

Some content on the Website, including (but not limited to), text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of any of the foregoing, is the property of IT Media, our licensors or Advisors, or our Vendors and is protected by United States and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying, reproduction, modification, use, distribution, or display of the material herein or thereon (regardless of the form or media and whether by download or otherwise) is permitted without the express written permission of IT Media and any other applicable copyright owner.You may not resell any of the services provided by IT Media, this Website or the Vendors (“Services”). You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Website or the Services. All rights not expressly granted hereunder are expressly reserved to IT Media and to the respective owners of such rights. If you believe your rights under applicable copyright laws are being infringed by IT Media or by another person or entity using the Website or the Services, contact us immediately using the contact information furnished in these Terms of Use.

5. TRADEMARKS

The name “CheapHelpDesk”, and any and all logos and designs connected thereto or associated therewith, and the names and logos of our Vendors (“Trademarks”) are the exclusive property of IT Media and/or the Vendors or Advisors and are protected by federal and state law. You may not use the Trademarks in any way, including, but not limited to, use as meta tags or any other “hidden text”, without the express written consent of IT Media or the applicable Advisor or Vendor.

6. LICENSE AND WARRANTY FOR YOUR SUBMISSIONS TO CheapHelpDesk ACTIVITIES

You own the information you provide CheapHelpDesk under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant CheapHelpDesk a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicense able, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to CheapHelpDesk, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to CheapHelpDesk, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your CheapHelpDesk profile information accurate and updated.

6.1 Service Eligibility

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having an CheapHelpDesk account, (3) are not a competitor of CheapHelpDesk or are not using the Services for reasons that are in competition with CheapHelpDesk; (4) will only maintain one CheapHelpDesk account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of CheapHelpDesk, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

6.2 Sign-In Credentials

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your CheapHelpDesk account to another party; and (5) refrain from charging anyone for access to any portion of CheapHelpDesk, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit CheapHelpDesk’s Contact us form.

6.3 Indemnification

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through CheapHelpDesk.

6.4 Payment

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to CheapHelpDesk storing your payment card information if needed. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services at anytime. You also acknowledge that CheapHelpDesk’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

6.5 Notify us of acts contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

6.6 Notifications and Service Messages

For purposes of service messages and notices about the Services to you, CheapHelpDesk may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from CheapHelpDesk to an email address associated with your account, even if we have other contact information. You also agree that CheapHelpDesk may communicate with you through your CheapHelpDesk account or through other means including email, mobile number, telephone, or delivery services including the postal service about your CheapHelpDesk account or services associated with CheapHelpDesk. Please review your Settings to control what kind of messages you receive from CheapHelpDesk. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

6.7 User-to-User Communication and Sharing (CheapHelpDesk projects, Q&A, Groups, Updates, News, Company Pages, products, etc.)

CheapHelpDesk offers various forums such as CheapHelpDesk Companies, projects, products, Groups, Questions & Answers, and Network Updates, where you can post your observations and comments on designated topics, products, projects and companies. CheapHelpDesk also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site, such as CheapHelpDesk Groups and CheapHelpDesk Company Pages. CheapHelpDesk members can create CheapHelpDesk User, Company, product, project, questions Pages for free, however, CheapHelpDesk may close or transfer CheapHelpDesk Pages mentioned above, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Users, and CheapHelpDesk cannot guarantee that other Users will not use the ideas and information that you share on CheapHelpDesk. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any CheapHelpDesk Group, into your Network Updates, or elsewhere on CheapHelpDesk. CheapHelpDesk IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY CheapHelpDesk COMMUNITY FORUMS SUCH AS THE CheapHelpDesk BLOG, GROUPS, PROJECT, PRODUCTS, COMPANIES, PROFILES QUESTIONS OR ANSWERS.

6.8 Privacy

You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to CheapHelpDesk, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

6.9 Export Control

Your use of CheapHelpDesk services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

6.10 Contributions to CheapHelpDesk

By submitting ideas, suggestions, documents, projects, answers and/or proposals (“Contributions”) to CheapHelpDesk through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CheapHelpDesk is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CheapHelpDesk shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CheapHelpDesk may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to CheapHelpDesk all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from CheapHelpDesk under any circumstances.

7. RISK OF LOSS

Any products or service that you license, purchase, or otherwise acquire from or through CheapHelpDesk are made pursuant to your contract with the particular Vendor from whom you license, purchase, lease, or otherwise acquire the products or service. IT Media takes no responsibility and assumes no liability for any product or service that you license, purchase, or otherwise acquire from a Vendor at or through this Website and/or CheapHelpDesk. Any remedy you may have is exclusively against the Vendor from whom you licensed, purchased, or otherwise acquired any product or service.

8. PRODUCT AND SERVICE DESCRIPTIONS

IT Media and its Vendors attempt to be as accurate as possible when describing any Services and/or Vendor products. IT Media, however, makes no representations or warranties that the Service and/or product descriptions or any other content on this Website is accurate, complete, reliable, current, or error-free.

9. VENDOR WEBSITES

IT Media’s Vendors license and sell products and services on or through CheapHelpDesk or the Website. IT Media may provide links to Vendors’ websites. IT Media is not responsible for examining or evaluating, and does not warrant the products or services of, any Vendor or the page of their websites. IT Media does not assume any responsibility or liability for the actions, products, or services of such Vendors or the page of their Websites. You should carefully review all Vendors’ privacy statements and other conditions of use on their websites before you license, lease, purchase, or otherwise acquire any product or service.

10. YOUR RIGHTS

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of CheapHelpDesk or its Users), view information and use the Services that we provide on CheapHelpDesk webpages and in accordance with this Agreement. Any other use of CheapHelpDesk contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from CheapHelpDesk commercially unless expressly authorized by CheapHelpDesk) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in CheapHelpDesk and all related items, including any and all copies made of the CheapHelpDesk website.

11. OUR RIGHTS AND OBLIGATIONS

11.1 Services Availability

For as long as CheapHelpDesk continues to offer the Services, CheapHelpDesk shall provide and seek to update, improve and expand the Services. As a result, we allow you to access CheapHelpDesk as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue CheapHelpDesk, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. CheapHelpDesk further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by CheapHelpDesk to be contrary to this Agreement. For avoidance of doubt, CheapHelpDesk has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

11.2 Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of CheapHelpDesk, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

11.3 Connections and Interactions with other Users

You are solely responsible for your interactions with other Users and or companies. CheapHelpDesk may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. CheapHelpDesk reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if CheapHelpDesk determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

12. DISCLAIMER

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON CheapHelpDesk, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR CheapHelpDesk AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CheapHelpDesk DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CheapHelpDesk OR ANYTHING RELATED TO CheapHelpDesk, YOU MAY CLOSE YOUR CheapHelpDesk ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. CheapHelpDesk IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, FEEDBACK, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH CheapHelpDesk TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. CheapHelpDesk DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CheapHelpDesk DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. CheapHelpDesk DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CheapHelpDesk DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CheapHelpDesk DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE CheapHelpDesk SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

13. LIMITATION OF LIABILITY

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither CheapHelpDesk nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“CheapHelpDesk Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $50, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from CheapHelpDesk. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

Not apply to any damage that CheapHelpDesk may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.

Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

14. TERMINATION

14.1 Mutual rights of termination

You may terminate this Agreement, for any or no reason, at any time, with notice to CheapHelpDesk pursuant to Section 9.C. This notice will be effective upon CheapHelpDesk processing your notice. CheapHelpDesk may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only CheapHelpDesk or the party paying for the services may terminate your access to any Premium Services. Termination of your CheapHelpDesk account includes disabling your access to CheapHelpDesk and may also bar you from any future use of CheapHelpDesk.

14.2 Misuse of the Services

CheapHelpDesk may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the CheapHelpDesk messaging services; creating multiple or false profiles; using the Services commercially without CheapHelpDesk’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that CheapHelpDesk, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, CheapHelpDesk has adopted a policy of terminating accounts of Users who, in CheapHelpDesk’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

14.3 Effect of Termination

Upon the termination of your CheapHelpDesk account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.

15. DISPUTE RESOLUTION

15.1 Law and Forum for Legal Disputes

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Israel regardless of your country of origin or where you access CheapHelpDesk, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and CheapHelpDesk agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state court located in Tel Aviv, Israel, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and CheapHelpDesk agree to submit to the personal jurisdiction of the courts located within Tel Aviv, Israel for the purpose of litigating all such claims. Notwithstanding the above, you agree that CheapHelpDesk shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

15.2 Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

16. GENERAL TERMS

16.1 Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

16.2 Language

Where CheapHelpDesk has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with CheapHelpDesk.

16.3 Notices and Service of Process

In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.CheapHelpDesk.com. You may contact us here. Or via mail or courier at:

CheapHelpDesk

ATTN: Legal Department

Hadror Street, PO Box 53

Moshav Eiv Vered

Israel, 40696

Additionally, CheapHelpDesk accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

16.4 Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CheapHelpDesk services, third-party content or third party software.

16.5 Amendments to this Agreement

We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.CheapHelpDesk.com or notifying you otherwise. For example, CheapHelpDesk presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

16.6 No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any CheapHelpDesk Affiliate shall be deemed legally binding on any CheapHelpDesk Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of CheapHelpDesk.

16.7 No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

16.8 Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, CheapHelpDesk Corporation for any third party that assumes our rights and obligations under this Agreement.

16.9 Potential Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

17. CheapHelpDesk USER “DOS” AND “DON’TS.”

As a condition to access CheapHelpDesk, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

17.1 Do undertake the following:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

Provide accurate information to us and update it as necessary;

Review and comply with our Privacy Policy;

Review and comply with notices sent by CheapHelpDesk concerning the Services; and

Use the Services in a professional manner.

17.2 Don’t undertake the following:

Act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, or objectionable content to CheapHelpDesk;

Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;

Create a user profile for anyone other than a natural person;

Harass, abuse or harm another person, including sending unwelcomed communications to others using CheapHelpDesk;

Invite people you do not know to join your network;

Upload a profile image that is not your likeness or a head-shot photo;

Use or attempt to use another’s account without authorization from the Company, or create a false identity on CheapHelpDesk;

Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:

Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;

Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;

Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by CheapHelpDesk);

Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using CheapHelpDesk invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using CheapHelpDesk to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;

Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of CheapHelpDesk or any User of CheapHelpDesk;

Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or

Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.

Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on CheapHelpDesk (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by CheapHelpDesk;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof

Utilize or copy information, content or any data you view on and/or obtain from CheapHelpDesk to provide any service that is competitive, in CheapHelpDesk’s sole discretion, with CheapHelpDesk;

Imply or state, directly or indirectly, that you are affiliated with or endorsed by CheapHelpDesk unless you have entered into a written agreement with CheapHelpDesk (this includes, but is not limited to, representing yourself as an accredited CheapHelpDesk trainer if you have not been certified by CheapHelpDesk as such);

Adapt, modify or create derivative works based on CheapHelpDesk or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under CheapHelpDesk’s developer program;

Rent, lease, loan, trade, sell/re-sell access to CheapHelpDesk or any information therein, or the equivalent, in whole or part;

Sell, sponsor, or otherwise monetize an CheapHelpDesk Group or any other service or functionality of CheapHelpDesk, without the express written permission of CheapHelpDesk.

Remove any copyright, trademark or other proprietary rights notices contained in or on CheapHelpDesk, including those of both CheapHelpDesk and any of its licensors;

Remove, cover or otherwise obscure any form of advertisement included on CheapHelpDesk;

Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from CheapHelpDesk except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

Share information of non-Users without their express consent;

Infringe or use CheapHelpDesk’s brand, logos and/or trademarks, including, without limitation, using the word “CheapHelpDesk” in any business name, email, or URL or including CheapHelpDesk’s trademarks or as expressly permitted by CheapHelpDesk;

Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;

Use bots or other automated methods to access CheapHelpDesk, add or download contacts, send or redirect messages, or perform other activities through CheapHelpDesk, unless explicitly permitted by CheapHelpDesk;

Access, via automated or manual means or processes, CheapHelpDesk for purposes of monitoring CheapHelpDesk’s availability, performance or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of CheapHelpDesk’s website;

Attempt to or actually access CheapHelpDesk by any means other than through the interfaces provided by CheapHelpDesk such as its mobile application or by navigating to http://www.CheapHelpDesk.com using a web browser. This prohibition includes accessing or attempting to access CheapHelpDesk using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including CheapHelpDesk;

Attempt to or actually override any security component included in or underlying CheapHelpDesk;

Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on CheapHelpDesk’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or CheapHelpDesk personnel, attempting to gain unauthorized access to CheapHelpDesk, or transmitting or activating computer viruses through or on CheapHelpDesk;

Interfere with or disrupt or game CheapHelpDesk or the Services, including, but not limited to, any servers or networks connected to CheapHelpDesk, in particular CheapHelpDesk’s search algorithms.

18. COMPLAINTS REGARDING CONTENT POSTED ON THE CheapHelpDesk WEBSITE.

We built CheapHelpDesk to help you be a more successful expert, and to help service provides, business customers and experts succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, CheapHelpDesk provides a process for submission of complaints concerning content posted by our Users.

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