TERMS OF USE

Recently updated: December 21st, 2019

These Terms of Use ("Terms”) governs your ("user" or "you") use of this website and the services offered through this website, which is developed and operated by Terayos Ltd. (“Company”, “we”, “us” or “our).
The Terms set forth herein are a legal binding agreement between you and the Company. Therefore, we advise you to review these Terms prior to browsing or using our website and the services offered therein. Your access or use of our website constitutes your agreement to be bound by the Terms set forth herein. IN THE EVENT YOU DO NOT AGREE ANY PROVISION OF THESE TERMS, DO NOT ACCESS, VIEW OR USE THE WEBSITE.

You further represent and warrant that: (i) you are eligible to enter into these, or, where applicable you have all proper authorization to enter into these Terms; (iii) you are of appropriate age to enter into this Terms and you are not defined as a child in your jurisdiction (specifically, you are under the age of 13 if you are located in the US and under the age of 16 if you are located in the EEA).

We may update these Terms from time to time, at our sole discretion, so please re-visit this page frequently; the latest version is reflected in the "Recently updated" header above. Any changes to these Terms will become effective immediately upon the display of the revised version. Your continued use of the website or our Services, following the display of such modified Terms, constitutes your acknowledgement and consent of such amendments and your agreement to be bound by the terms of such amendments.

WEBSITE’S SERVICES

The services this website offers you includes comprehensive information, reviews, articles and comparisons content regarding various products and services, all offered by third party service providers (“Third Party Offers”), including links to such third parties’ website or online pages (“Services”).

Please note that the Services offered by us in any event do not constitute a professional or expert advice. All content provided through our Services, such as, links, logos, contact details, button, images, software, code, designs, data, graphics, reviews, ranking, scoring, tips, etc. (collectively “Content”) is for informational and editorial purposes only. Therefore, your use of the Services and your reliance on the Content is solely at your own responsibility and risk. We frequently review and compare the Third Party Offers and provide the information we believe is applicable; however, such Content may be deemed as objectionable by you. Furthermore, we strive to keep the Content and information up to date, however, Third Party Offers are governed by the applicable service provider’s terms, and they might be revised from time to time, subject to its sole discretion. In addition, note that we do not compare all similar Third Party Offers available and we are not responsible for Third Party Offers, nor for any decision or action taken based on the Content, which is provided “as-is”.

Also, we are able to provide you with the Content free of charge as we receive advertising fees from the service providers we review, compare and rate (“Advertising Fees”). The Advertising Fees have impact on our comparison content (i.e., the ranking and rating). Please see more information under the “How We Rank” section below.

HOW WE RATE AND RANK

The comparison Content provided in this website (meaning the ranking, ratings and reviews) is based on our opinion, internal method and evaluation we perform, which takes into consideration tour team’s review the Third Party Offer’s features such as pricing, variety, users review and tendency we find online, conversation rates and the Advertising Fees, which may impact the way we arrange the information provided in the comparison table. The ranking and ratings are provided “as-is” and we hereby disclaim all expressed guarantees and warrants with regards to the marketability, suitability, incompleteness, applicability or relevance of the information contained herein.

PRIVACY

We respect the privacy of our users. Our data collection and privacy practices are detailed in our Privacy Policy available at: https://www.top5bestmattresses.com/page/privacy-policy, which is an integral part of these Terms and incorporated by reference.

INTELLECTUAL PROPERTY

The website, Service and Content are protected by international copyright laws or any other related intellectual property legislation. Under those laws, the intellectual property rights are licensed to us or to our affiliates, licensors, partners or applicable third parties. We retain all right, title ownership and interest in and to the website, Service and Content (excluding Third-Party Offers and their applicable online pages), including copyrights and trademarks, and to the fullest extent possible under applicable law. You have no right to modify, edit, copy, reproduce, publish, make available to the public, sell, rent, distribute, broadcast, transmit, create derivative works of, reverse engineer, alter, convey to a third party, enhance or in any way exploit any part of the website, Service and Content.

THIRD PARTY CONTENT

Our website will include Third Party Offers as well as links to their websites and other online pages. These websites or online pages are operated by the applicable third party service providers, thus, once you are directed to these online pages, our Terms will not apply. In addition, any engagement related to the Third arty Offer will only be between you and that third party. We do not and cannot control the terms that these third parties determine, and therefore, under no circumstances will we be responsible for any damages arising from your use or engagement related to Third Party Offers. We encourage you to carefully read the terms of any Third-Party Offers prior to taking any decision. Note that, we do not present all terms applicable to each Third Party Offer rather solely a summary we find applicable or wish to compare. It is your sole responsibility to verify your interest in the Third Party Offers under its terms, and that you are allowed to use them, as well as to comply with the applicable requirements and restrictions.

RESTRICTION OF USE

The website, Service and Content are provided to you for your personal and non-commercial use only. You are not allowed to: (i) sublicense, lease, assign, transfer any right, resell, rent, share or otherwise commercially exploit the Services; (ii) use the Services in any dishonest, unlawful or fraudulent manner; (iii) use the website, Service or Content in a breach of these Terms or applicable law; (iv) remove, obscure or alter any notices of proprietary rights or proclaim any proprietary rights in or to the Services or Content; (v) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative work, circumvent or hack the website gain any unauthorized access; (vi) use, access or attempt to access the Website or Service in connection with any automated means; and (vii) use the Company’s logo or trademarks. We are entitled to investigate any breach or alleged breach of these Terms and report to law enforcement authorities as well as to prevent access from any user that we believe have breached these Terms.

CHANGES TO THE WEBSITE, SERVICES AND CONTENT

We may, at any time and from time to time, modify the website, Services, Content and any feature available therein. Modifications may include correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Website, Services and any Content, without notice, at our sole discretion. Also, we have no obligation to provide support or maintenance for the Services.

DISCLAIMER & LIMITATION OF LIABILITY

YOUR USE OF THE WEBSITE, SERVICES AND CONTEN IS AT YOUR OWN RISK. THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES, SERVICES AND CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, SERVICES AND CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES , SERVICES OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE REGARDING THE WEBSITE, SERVICES AND THE CONTENT. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT , OR ANY ITEMS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms

DISPUTE RESOLUTION

All matters relating to the websites and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law. You agree to resolve any dispute you have with exclusively in a court located in Tel Aviv, Israel. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards. This dispute resolution provision will survive the termination of these Terms.

MISCELLANEOUS

This Terms constitute the entire understanding between the parties with respect to the use of the website, Services and Content. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We expressly reserve our right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

CONTACT US

If you have any questions, or if you wish to be provided with any other information related to these Terms, please contact us at:

Terayos Ltd.

[email protected]

Alon Tower 1, Yigal Alon 94

Tel-Aviv, Israel