These terms and conditions (“T&C”) set forth the general terms and conditions of your use of the ​www.trivera.ventures website (“Website”). These T&Cs are legally binding between you (“user”, “you” or “your”) and Trivera Ventures Ltd. (doing business as “Trivera Ventures”, “we”, “us” or “our”).

If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these T&Cs, in which case the terms “user”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these T&Cs, do not approve these T&Cs and you are prohibited from accessing the Website and any related use thereof.

By accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms of the T&Cs. You acknowledge that these T&Cs are binding contract between you and Trivera Ventures, despite it being electronic and not physically signed by you, and it governs your use of the Website.

THESE T&Cs CONTAIN AN ARBITRATION PROVISION. YOU AGREE THAT ANY DISPUTES ARISING OUT OF OR RELATED TO THESE T&Cs WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION AS MORE FULLY DESCRIBED HEREIN. YOU ALSO AGREE THAT BY ENTERING INTO THESE T&Cs YOU ARE WAIVING YOUR RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT RELATED TO THE WEBSITE AND US.

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You must be at least 18 years of age to use the Website, or higher if required in your place of domicile. By using the Website and by agreeing to these T&Cs you warrant and represent that you are at least 18 years of age, or a higher legal age if required in your place of domicile. If you submit any information on the Website, you are responsible for ensuring the accuracy thereof and you represent and warrant that you are entitled to provide such information and data as you may be required. If we determine that you have violated any provision of these T&Cs, or that your conduct or content would tend to damage our reputation and goodwill, we have the right to restrict your continued access thereto, without the need to first inform you.

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Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service offering, product descriptions, pricing, availability, promotions, offers and the like. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website is found to be inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated.

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Although the Website may link to other sources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

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In addition to other terms as set forth in these T&Cs, you are prohibited from using the Website and any content therein: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website, third party products and services, or the Internet. We reserve thse right to terminate your use of the Website for violating any of the prohibited uses.

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“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

These T&C do not transfer to you any intellectual property owned by Trivera Ventures, or any third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Trivera Ventures. All trademarks, service marks, graphics and logos used in connection with the Website, are trademarks or registered trademarks of Trivera Ventures or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of Trivera Ventures, or any third-party trademarks.

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If you believe the Website infringes your copyrights, please send a notice to: Trivera Ventures Ltd.’s Legal Department via email to: info@trivera.ventures

Please include the following in your DMCA notice: (a) Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works; (b) Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable us to locate the material; (c) Provide your full legal name, mailing address, telephone number, and (if available) email address; (d) Include the following statement in the body of the DMCA notice: “I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.” Please note that under 17 U.S.C. §512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to us.

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YOU AGREE THAT THE WEBSITE, THE CONTENT THEREIN AND/OR ANY OFFERING, SUGGESTION, AND THE LIKE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY THAT THE WEBSITE, THE CONTENT THEREIN AND/OR ANY OFFERING RELATING THERETO WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE THEREOF. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE UNLESS STATED OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow disclaimers such as those set forth above; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these T&Cs shall infringe upon the statutory rights that you may have as a consumer. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which we may be liable for a lack of conformity that you discover: (a) within two years from any one-time supply thereof; or (b) at any time during any continuous use of the Website.

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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRIVERA VENTURES, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE WERE ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF TRIVERA VENTURES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS RELATING TO USE OF THE WEBSITE AND ANY OFFERING RESULTING THEREFROM AND/OR RELATED THERETO WILL BE LIMITED TO AN AMOUNT NO GREATER THAN ONE-HUNDRED UNITED STATES DOLLARS. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow certain limitations of liability such as those stated in this section; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these T&Cs will infringe upon any statutory rights you may have as a consumer of the Website.

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You agree to indemnify and hold Trivera Ventures and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Website, or any willful misconduct on your part.

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All rights and restrictions contained in these T&Cs may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these T&Cs illegal, invalid, or unenforceable. If any provision or portion of any provision of these T&Cs shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

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For United States residents, these T&Cs contain a binding arbitration clause and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes set forth hereunder, you agree that disputes arising between you and us will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

If you are a United States resident or otherwise make any claim against us in the United States, you expressly agree that any legal claim, dispute or other controversy between you and us arising out of or otherwise relating in any way to the Website, its content and/or any offering and/or services therefrom and/or thereto, including controversies relating to the applicability, enforceability or validity of any provision of these T&Cs or our Privacy Policy (collectively “Disputes”), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”), rather than in a court, as described herein. The arbitration will be governed by the AAA’s commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively “Rules and Procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case we will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration may be conducted in New York, NY, or upon your request, in the city closest to your location where AAA maintains an office. The arbitrator’s award shall be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

As an exception to the binding arbitration rule, to the extent the dispute arises from: (a) A violation of our intellectual property rights in any manner; (b) Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of Conduct” of these Terms; and (c) Any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

To the extent permissible under applicable law, all disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other disputes shall be consolidated or joined with your dispute, whether through class arbitration proceedings or otherwise. 

You and us agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

To begin an arbitration proceeding, you must send a letter to: Trivera Ventures Ltd., ATTN: Legal Department, 6 Beit Horon St., Tel Aviv, Israel, requesting arbitration and describing your claim. We will provide a 30-days’ notice of any changes to this section “Binding Arbitration / Class Waiver” through the Website. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

If you are not a United States resident or if you have opted out of the obligation to arbitrate, as set forth above, then the formation, interpretation, and performance of these T&Cs and any dispute arising out of it shall be governed by the laws of Israel without regard to its rules on conflicts or choice of law, and the courts in Israel shall have sole and exclusive jurisdiction and venue for actions related to the subject matter hereof, and you hereby submit to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods do not apply to these T&Cs

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You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

We reserve the right to modify these T&Cs or its terms related to the Website at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of these T&Cs will be effective immediately upon the posting of the revised T&Cs unless otherwise specified. Your continued use of the Website after the effective date of the revised T&Cs (or such other act specified at that time) will constitute your consent to those changes.

You acknowledge that you have read these T&Cs and agree to all its terms and conditions. By accessing and using the Website you agree to be bound by these T&Cs. If you do not agree to abide by these T&Cs, you are not authorized to access or use the Website.

These T&Cs set out the entire agreement between you and us regarding the Website and supersede all earlier agreements and understandings between you and us.

Nothing in these T&Cs are intended to nor shall create any partnership, joint venture, consultancy, or trusteeship relationship between the parties. You and we are independent contractors for the purposes of these T&Cs. Each party shall be responsible for their respective expenses associated with performing under these T&Cs.

These T&Cs and all communications, information or notifications provided by us shall be in English, or if you are a resident of Israel – in Hebrew. Should we provide translations into another language, such translations shall be for your convenience only. In the case of any inconsistency between the translation and the English version of these T&Cs, the English version shall prevail.

If you have any questions, concerns, or complaints regarding these T&Cs, we encourage you to contact us using the details below: