TERMS AND CONDITIONS OF USE

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  1. GENERAL

    These Terms and Conditions of Use, and all modifications and additions hereto (the "Terms"), govern your use of this website (the "Site") and of any information or content on the Site, currently located at noyfund.co.il. The Site is maintained by Noy 1 Infrastructure and Energy Investment Fund L.P. ("Noy", "Us" or "We”).

    Please read these Terms carefully and thoroughly.

    Your use of the Site signifies your understanding of these Terms and constitutes your agreement and acceptance to be bound by these Terms and to comply with applicable law, rules and regulations.

    YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.

    Your use of the Site is entirely at your own risk.

    The Site and any content and information on the Site shall not constitute a solicitation or offer by Noy of securities or financial instruments and investments and do not constitute any investment, legal or tax advice. You are explicitly cautioned not to rely on this Site or any information included herein for investments and/or decisions of any kind.

    We may change, suspend or discontinue any aspect of the Site, at any time, including the availability of any part or detail included herein, and we may add or remove any features, materials, options and applications to or from the Site. We may also modify, limit, deny or impose limits on certain features and materials etc. or restrict your access to parts of or to the entire Site, or create different levels of use for different users, or cancel some or all of the functionality of the Site at any time and at our sole discretion, without notice or liability.

    You agree not to access (or attempt to access) any part of the Site by any means other than through standard and common means. Without derogating from any other provision of these Terms, you agree to use the Site solely for lawful purposes. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks connected to the Site).

    You agree that you are solely responsible for (and that Noy has no responsibility to you or to any third party for) any breach of your obligations pursuant to these Terms and for the consequences (including any loss or damage which Noy may suffer) of any such breach. You agree to indemnify and hold Noy and its partners, affiliates, officers, directors, agents, employees and representatives harmless from any claim or demand, including, but not limited to, reasonable legal fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms, or your violation of any rights of another party.

    Your breach of any provision of the Terms may be grounds for termination of Noy's legal agreement with you and of your permission to enter and use this Site and any of its contents, at Noy's sole discretion.
  2. CHANGES IN TERMS

    We may change these Terms from time to time, without actual notice to you. The revised Terms shall become effective immediately upon posting. All such changes to the Terms will appear on the Site. It is your responsibility to review these Terms prior to each use of the Site. You agree that your continued use of the Site and/or any of its contents and materials shall constitute your agreement to the new or revised Terms.
  3. LIMITATION OF LIABILITY

    Your access, use and browsing of the Site and any content or services provided herein are at your own risk. All information on this Site is provided "as is" without warranty of any kind, express or implied.

    Noy specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, and title and non-infringement. Noy shall have no liability or responsibility for any errors or inaccuracies or omissions in the contents of this Site, for your action or inaction in connection with this Site or for any damage to your computer or data or any other damage you may incur in connection with this Site, including but not limited to any content or services provided herein.

    Noy does not represent or warrant to you that your use of the Site will be uninterrupted, timely, secure or free from error, that any information or materials obtained by you as a result of your use of the Site will be accurate or reliable, and that defects in the operation or functionality of any part of the Site will be corrected.

    In no event shall Noy, its partners, affiliates or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages and losses arising out of or in any way connected with the use of this Site, the contents of this Site, any services provided pursuant to this Site, or a delay or inability to use this Site or services or otherwise arising in connection with this Site, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Noy also assumes no responsibility and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site and of any materials, data, text, images, video, audio and such include therein.

    Some states and/or jurisdictions do not allow the exclusions or limitation of incidental or consequential damages, so the above exclusions may not apply to you.
  4. CONTENT AND PROPRIETARY RIGHTS

    You understand that all information and content, such as data files, written text, computer software and code, music, audio files or other sounds, photographs, illustrations, videos or other images (together, the "Content") which you may have access to as part of, or through your use of, the Site are protected by copyright and other intellectual property rights owned or controlled by Noy or by the party credited as the provider of the Content ("Content Provider").

    Unless you obtain prior written consent from Noy or the relevant Content Provider identified in the copyright notice contained in the Content, you may not modify, rent, lease, loan, sell, distribute, publish, transmit, participate in the transfer or sale of, reproduce, duplicate, copy, create new and/or derivative works from, perform, reverse engineer, decompile, disassemble, alter or otherwise attempt to derive the source code from any application of the Site, or display or provide others with any portion of the Content or the Site in whole or in part.

    You may download, print, share by direct link or copy the Content and other downloadable items displayed on the Site for personal, non-commercial, or non-profit educational use or records only, provided that you maintain any author attribution, trade names, marks, logos and other distinctive brand features, legends, domain names, texts, appearance, all copyright and other notices and legends appearing or contained therein.

    You acknowledge and agree that Noy and the Content Providers own all legal rights, titles and interests in and to the Site and Content.
  5. LINKS TO THIRD PARTY SITES AND CONTENT

    The Site may contain links to other related websites, resources and content ("Third Party Sites"). Noy does not maintain, review or control Third Party Sites, is not responsible for the content of, is not associated with and does not endorse, any of the Third Party Sites linked to or from this Site. You may access or connect to these linked Third Party Sites only at your own risk. The Third Party Sites, their availability, accuracy and reliability, and the opinions expressed and other links provided in or to these Third Party Sites are not investigated, verified, monitored or endorsed by Noy, and Noy disclaims any warranty and liability, express or implied, with respect to the contents of any Third Party Sites.

    It is your sole responsibility to comply with the appropriate terms and conditions of the Third Party Sites, as well as with any other lawful and/or contractual obligation related to the Third Party Sites or any use of Third Party Sites.

    Noy shall not be responsible or liable for the use of any information you may submit to Third Party Sites.
  6. SUBMITTED MATERIALS

    Unless specifically requested, you are not solicited nor encouraged to send Noy any confidential or proprietary material. Noy does not wish to receive any such information or other material from you through the Site, by e-mail or otherwise, and shall not be limited in its disclosure or use of such materials.

    If you still choose to submit or send any materials to Noy, by doing so you shall grant Noy a royalty-free, unrestricted, worldwide, irrevocable, perpetual, non-exclusive and sub-licensable right and license to use such materials in any way worldwide, including to reproduce, modify, adapt, publish, transmit, translate, distribute, create derivative works from, perform and display, in whole or in part.
  7. MISCELLANEOUS

    This Site is not directed nor is targeted to children.

    Correspondence should be sent to Info@noyfund.co.il.

    You agree to report any copyright violations of the Terms to Noy as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Site, please notify Info@noyfund.co.il.
  8. APPLICABLE LAWS / JURISDICTION

    You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Noy or relating in any way to your use of the Site resides in the competent courts in Tel Aviv, Israel, and you further agree and expressly consent to the exercise of personal jurisdiction in the competent courts in Tel Aviv, Israel, in connection with any such dispute and including any claim involving Noy.

© Copyright 2012 NOY Infrastucture & Energy investment fund