Terms of Use

6.1. Ownership

The (i) content, marks, technologies, products and services on the Website, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content"), and (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of LakeOps and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "LakeOps", the LakeOps logo, and other marks are Marks of Lakeops or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Content.

6.2. Use of Content

Content on the Website is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

6.3. Spam

You agree not to, and will not, use the communication systems provided by the Website to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

8.1. Third Party Websites

The Website may contain links, and may enable you to post content, to third party websites that are not owned or controlled by LakeOps. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release LakeOps from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

8.2. Linking to Our Website

LakeOps permits you to link to the Website provided that:

• You link to but do not replicate any page on this Website;
• The hyperlink text shall accurately describe the Content as it appears on the Website;
• You shall not misrepresent your relationship with LakeOps or present any false information about LakeOps and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent;
• You shall not link from a website that prohibits linking to third parties;
• Such Third Party Website does not contain content that is offensive or controversial, or infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or
• You, and your website, comply with these Terms and applicable law.

13.1. Dispute Resolution Procedure

If a dispute arises between you and LakeOps, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in court or arbitration or otherwise.

This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: solutions@lakeops.dev. For any dispute that LakeOps initiates, we will send our written description of the dispute to the email address associated with your LakeOps account (if any) or to any email address we have on file for you.

The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within ninety (90) days after receipt of the written description of the dispute, you and LakeOps agree to the further dispute resolution provisions below.

The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

13.2. Jurisdiction

You and LakeOps agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms (including its formation, performance, and breach) or payments by or to LakeOps, or that in any way relate to the provision or use of the Website, your relationship with LakeOps, or any other dispute with LakeOps, shall be resolved exclusively in the court in Tel-Aviv Israel and that all procedures shall be governed by the law of the state of Israel. However, the sides may mutually agree (both parties consent is mandatory) to resolve disputes using different mechanisms such as arbitrations and/or different governing laws.

Notwithstanding the above, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to other procedures under this agreement.

13.3. Class Action Waiver

YOU AND LAKEOPS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 13.3 AND BELOW, ANY DISPUTES AND OR LEGAL PROCEDURES SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM, UNLESS LAKEOPS PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

This provision does not prevent you or LakeOps from participating in a class-wide settlement of claims.

13.4. Fees

You are responsible for your own attorneys' fees unless the court rules and/or applicable law provide otherwise.

15. Independent Contractors

You and LakeOps are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and LakeOps. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of LakeOps.

16. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by LakeOps without restriction or notification to you. Any prohibited assignment shall be null and void.

17. Governing Law

LakeOps reserves the right to discontinue or modify any aspect of the Website at any time. These Terms and the relationship between you and LakeOps shall be governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that LakeOps may seek injunctive relief in any court of competent jurisdiction.

18. General

These Terms shall constitute the entire agreement between you and LakeOps concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.