These Terms of Use apply to the Business Gauges™ web site located at www.businessgauges.com and to the material stored on this site. By using this web site ("Site"), any of Business Gauges™ products, forums, or other services provided by Business Gauges™ ("Services"), you agree to be subject to the terms and conditions ("Terms of Use") set forth in this document. YOU MAY CHOOSE NOT TO BE BOUND BY THESE TERMS AND CONDITIONS, IN WHICH CASE YOU MAY NOT ACCESS OR USE THE SITE, SERVICES, FORUM AND PRODUCTS, AND SHOULD IMMEDIATELY CEASE SUCH USE.

Business Gauges™ reserves the right, at its sole discretion, to add, modify, change, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. As long as you comply with these Terms of Use, Business Gauges™ grants you a personal, non-transferable, non-exclusive, limited privilege to enter and use the Site.

Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

1. COPYRIGHT
International and Domestic copyright, trademark and patent laws protect and apply to the content of this web site, our products and our intellectual property. YOU MAY NOT COPY, MODIFY, REPUBLISH, REPRODUCE, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIALS ON THE SITE, INCLUDING TEXT, IMAGES, GRAPHICS, CODE AND/OR SOFTWARE.

2. TRADEMARKS
"Business Gauges", "Business Gauges Service", "Business Gauges Dashboard", "Business Gauges Console", "Sense your Success.", and/or any other trademarks, logos and service marks ("Marks") displayed on this site or on our products are the property of Business Gauges™ or other third parties. You are not permitted to use the Marks without prior written consent of Business Gauges™ or the respective third party owning its trademark.

3. USE OF THE SITE
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Business Gauges™ server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not use any "robot", "spider", "deep-link", "page-scrape" or other automatic program, device, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Business Gauges™ reserves the right to bar any such activity.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Business Gauges™, including any Business Gauges™ account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Business Gauges™ or others.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Business Gauges’s systems or networks, or any systems or networks connected to the Site or to Business Gauges™.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Business Gauges™ on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

4. LIMITATION OF LIABILITY
THIS SITE, AND ALL MATERIALS, SERVICES AND/OR PRODUCTS ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. BUSINESS GAUGES™ ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUSINESS GAUGES™ OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BUSINESS GAUGES™, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BUSINESS GAUGES™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, PRODUCTS, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

5. PRIVACY
The Business Gauges™ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Business Gauges™ Privacy Policy click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

6. PURCHASES
Additional terms and conditions may apply to purchased goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

7. PRICING INFORMATION
Pricing and availability as set forth in the Business Gauges™ Site are subject to change without notice, and may not be available in all countries. The Business Gauges™ Site may contain references to Business Gauges™ products, services and programs that have not been announced in your country. These references do not imply that Business Gauges™ intends to announce or make available such products, services or programs in your country. Further, the Business Gauges™ Site may contain references to future planned Business Gauges™ products. Such products are only planned and may not actually be produced. Any planned ship dates mentioned in reference to such future products are estimated ship dates only, and are not guaranteed. In addition, the materials on the Site with respect to products and services may be out of date, and Business Gauges™ makes no commitment to update the materials on the Site with respect to such products and services.

8. ACCOUNTS
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Business Gauges™ immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Business Gauges™ or any other user of or visitor to the Site due to someone else using your ID, password or account.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Business Gauges™ cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

9. SOFTWARE
Use of the software from this Site is subject to the software license terms set forth in a Business Gauges™ Software License. The software License Agreement is available for review at product pages.

10. DOCUMENTATION
Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains Business Gauges’s copyright notice.

11. THIRD PARTY COMPANIES AND PRODUCTS
Mention of third-party products, companies and web sites on the Business Gauges™ Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Business Gauges™ assumes no responsibility with regard to the selection, performance or use of these products or vendors. Business Gauges™ provides this only as a convenience to our users. Business Gauges™ has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Business Gauges™ assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.

12. INTERNATIONAL USE
Recognizing the global nature of the Internet, and since this Site can be accessed globally, you agree to comply with all local rules including, without limitation, rules which apply to the Internet, data transfer, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the state of Israel or the country in which you reside.

13. GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Business Gauges™ from its offices within the state of Israel. By accessing this Site, you and Business Gauges™ agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Israel, without regard to the conflicts of laws principles thereof. You and Business Gauges™ also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Jerusalem and the Israel District Court with respect to such matters.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Business Gauges's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Business Gauges™ may assign its rights and duties under this Agreement to any party at any time without notice to you.

The information contained in this Site is subject to change without notice.

Any rights not expressly granted herein are reserved.

Last updated by Business Gauges™, September 2006.
Effective September 2006.
Copyright © 2004-2006 Business Gauges™, All rights reserved.