Terms Of Use

Arkin Capital – Website Terms of Use

Last Revised: December 1, 2024

Arkin Capital and its affiliates (collectively, “Arkin”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our website at: www.arkin-capital.com and its subdomains (collectively, the “Site”). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder. 

  1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: Privacy Policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between Arkin and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER. 

The Site is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, as applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and, if applicable, your organization’s behalf, and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization. 

2. The Site 

The Site provides comprehensive information about Arkin, our team members, portfolio companies,  our activities, our investments and includes, inter-alia, an overview of, and news regarding Arkin and its portfolio companies’ products and services, technology, publications, articles, newsletters, news and updates regarding events, and so forth, including any other content related thereto, such as videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”). 

For the avoidance of doubt, the Site serves only as an informative marketing tool, and engagements of any sort with us shall only be created via a separate agreement. The Content does not bind us in any form, and in any case where the Content contradicts or is inconsistent with any information supplied by us to you directly, such information shall prevail. If you have any questions regarding these Terms or you would like to receive more information about us, you can contact us via the email address appearing at the end of these Terms. The Site may also allow you to register to our newsletters and to receive other commercial materials. 

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO Arkin OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. ARKIN WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN. 

THE SITE AND THE CONTENT ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE ANY PROFESSIONAL ADVICE AND SHOULD NOT BE INTERPRETED, UNDERSTOOD OR RELIED UPON AS SUCH. 

YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

3. Use Restrictions

There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Arkin’s sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by Arkin, you may not (and you may not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or the Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Arkin or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Arkin endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Arkin on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Arkin’s proprietary rights, including Arkin’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Arkin’s prior written consent; (l) create a browser or border environment around Arkin’s Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (n) frame or mirror any part of the Site without Arkin’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.

4. Privacy Policy 

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected via the Site are described in detail in our Privacy Policy available at: Privacy Policy which is incorporated herein by reference. You agree that Arkin may use personal information that you provide or make available to Arkin in accordance with the Privacy Policy. If you intend to access or use the Site, you must first read and agree to the Privacy Policy. 

5. Intellectual Property Rights 

The Site, the Content and Arkin’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by, and/or licensed to, Arkin and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Arkin and its licensors. 

  • The Terms do not convey to you an interest in or to Arkin’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Arkin’s Intellectual Property under any law.
  • To the extent you provide any feedbacks, comments or suggestions to Arkin (“Feedback”), Arkin shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Arkin’s current or future services and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Arkin to comply with any additional obligations with respect to any Arkin’s current or future products, technologies or services that incorporate any Feedback.

    6. Trademarks and Trade names

    Arkin’s marks and logos and all other proprietary identifiers used by Arkin in connection with the Site (“Arkin’s Trademarks”) are all trademarks and/or trade names of Arkin, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site, belong to their respective owners (“Third Party Marks”). No right, license, or interest to Arkin’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

    7. Linking to Arkin’s Site and links to Third Party Sites 

    We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Arkin and does not portray Arkin in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. 

    Certain links provided in our Site permit our Users to leave this Site and enter non-Arkin sites or services (including, inter alia, the websites of Arkin’s portfolio companies, Facebook, Instagram, and LinkedIn). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Arkin, Arkin is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Arkin is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Arkin reserves the right to terminate any link at any time. You further acknowledge and agree that Arkin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected. 

    8. Availability 

    The Site’s availability and functionality depends on various factors, such as communication networks. Arkin does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

    9. Changes to The Site

    Arkin reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Arkin shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that Arkin is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes. 

    10. Disclaimers and No Warranties

    TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND ARKIN, INCLUDING ITS PARTNERS, VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS,  DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “ARKIN’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. ARKIN AND ARKIN’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE.

    THE SITE AND THE CONTENT ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE AND SHOULD NOT BE INTERPRETED, UNDERSTOOD OR RELIED UPON AS SUCH. 

    IT IS HEREBY CLARIFIED THAT ANY DECISION MADE OR ACTION TAKEN BY YOU OR YOUR ORGANIZATION BASED ON THE USE OF THE SITE AND/OR THE CONTENT ARE AT YOUR SOLE RESPONSIBILITY AND LIABILITY. 

    IN ADDITION, WE DO NOT WARRANT THAT (I) THE USE AND OPERATION OF THE SITE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (II) WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR CONTENT; (III) THE USE OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; AND/OR (IV) THE SITE AND/OR THE CONTENT WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT AND ARKIN AND ARKIN’S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS. ARKIN AND ARKIN’S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. 

    WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY SERVICES OFFERED BY OUR PORTFOLIO COMPANIES AND PARTNERS, SHALL BE GOVERNED BY THEIR TERMS OF USE AND PRIVACY POLICY AS FURTHER DETAILED UNDER SECTION ‎7 ABOVE. 

    YOU AGREE THAT THE USE OF THE SITE AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.

    11. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL ARKIN, INCLUDING ARKIN’S REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, INCOME, PROFITS OR DATA, AND BUSINESS INTERRUPTION; ALL RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT, AND/OR ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED; ALL REGARDLESS OF WHETHER ARKIN (OR ARKIN’S REPRESENTATIVES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, ARKIN’S AND ARKIN’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED (100) NIS. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES FROM US AND FROM ARKIN’S REPRESENTATIVES. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.

12. Indemnification 

You agree to defend, indemnify and hold harmless Arkin, including Arkin’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of theseTerms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

13. Amendments to the Terms 

Arkin may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail regarding such changes (to the extent that you provided us with such e-mail address). Such material changes will take effect seven (7) days after such notice was provided on our Site or sent to you via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

14. Termination of the Site’s operation and these Terms

At any time, Arkin may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Arkin under any applicable law.

Additionally, Arkin may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Arkin does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. 

Failure to comply with any of the provisions set forth herein may result (at Arkin’s sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability. 

The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms, shall so survive. Without limiting the generality of the forgoing, the sections ‘Intellectual Property’, ‘Disclaimers and No Warranties’, ‘Limitation of Liability’, ‘Indemnification’ and ‘General’, will survive the termination of the Terms.  

15. General 

(a) These Terms constitute the entire terms and conditions between you and Arkin relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and Arkin, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Arkin may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign these Terms without restriction or notification, and (i) no amendment hereof will be binding unless in writing and signed by Arkin.

16. Got any Questions/Comments? 

If you have any questions or comments concerning these Terms, you are most welcome to send us an e-mail to: [email protected], and we will make an effort to reply within a reasonable timeframe.

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