Gil Mandelzis

Terms of Service

Introduction

Gil Mandelzis is the CEO and Co-founder of Capitolis Inc., and GilMandelzis.com is sponsored and operated by Capitolis Inc.

These Terms of Use describe the terms and conditions under which you may use the Capitolis website, including the services offered through the website (the “Site”). Please read these Terms of Use carefully. By continuing to use the Site, you are indicating your agreement to be bound by these Terms of Use. If you do not accept these Terms of Use you should immediately stop using the Site. We reserve the right to modify the Terms of Use and update our Site from time to time at any time and without notice. Your continued use of the Site after any modifications by us shall constitute your acceptance of such modifications. For the purposes of these Terms of Use, “Capitolis”, “we”, or “we” shall mean Capitolis, Inc., a company registered under the laws of Delaware, with an address at 550 5th Avenue, New York, NY 10036, and its affiliates.

Accessing the Site

Capitolis does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that any persons with access to the Site through your internet connection are aware of these Terms of Use, and that they comply with them.

Scope of Use

The information, data and other content provided on the Site (the “Information”) is provided by us and our third-party information providers for general informational purposes only. No representation of any sort is made to any person. Capitolis reserves the right at any time to modify the Site and the Information without notice and in its sole discretion. You agree to use the Site and the Information only for your own personal use, and not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information in any manner without the express written consent of Capitolis, nor to use the Information for any unlawful purpose. You agree to access the Information manually by request and not programmatically by macro or other automated means, and to view the Information only as displayed on your screen and not attempt to upload, intercept, extract, or otherwise collect and/or record the Information through any technological means. You must not rely on the Information, and you acknowledge that you must take appropriate steps to verify this Information before acting on it.

Privacy Policy

We track our customers’ usage of our Site and monitor how they interact with our systems and services. In this regard, we may record your actions on the Site by creating a video file of how you use the Site. Any personal information provided by you or obtained by us will be held by us in accordance with the Capitolis privacy policy.

No Recommendations or Offers

The Information constitutes neither a recommendation to enter into a particular transaction nor a representation that any product or service described on this Site is suitable or appropriate for you. Many of the products described on this Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.

Disclaimer of Warranties

No Information is intended (i) as investment, tax, accounting or legal advice, (ii) as an offer, recommendation or solicitation of an offer to sell or buy any security or any other financial instrument or to participate in any trading strategy, or (iii) as an endorsement, recommendation or sponsorship of any security or other financial instrument. Everything on the Site is provided “as is” without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible under applicable law, Capitolis and its respective members, officers, directors, employees, Information providers, suppliers, and agents hereby disclaim all representations and warranties, express, implied or statutory, including, without limitation, all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all representations and warranties (1) relating to the adequacy, timeliness, accuracy or completeness of any Information, (2) that your use of the Site will be uninterrupted, error-free, or secure, (3) that defects will be corrected, or (4) that the Site or the servers on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of, or reliance on, the Site and any Information. You are responsible for compliance with all applicable local laws.

Disclaimer of Damages

To the fullest extent permitted by applicable law, Capitolis shall not be responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages, even if such party has been advised of the possibility of such damages), under any contract, tort (including, without limitation, negligence and strict liability) or other legal theory, howsoever caused, arising out of or relating in any way to the Site and/or any Information, or any errors or omissions therein, or your use of, or inability to use, or reliance on, the Site. Your sole remedy for dissatisfaction with the Site and/or the Information is to stop using the Site.

Intellectual Property Rights

Capitolis owns the copyright in the Site and all content published on the Site, except where otherwise indicated by a third party’s proprietary notice. All images, trademarks, service marks, logos, and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without the prior written permission of their respective owners. In particular, the name “Capitolis” and the Capitolis logo are trademarks of Capitolis and you may not use such name or logo without Capitolis’s prior written consent. You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information, and that all title, right and interest therein and thereto remains with Capitolis (and its Information providers, as may be applicable).

Viruses

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform in order to access the Site. You should use your own virus protection software. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Third-Party Websites

We are not responsible for the content of any other website from which you have accessed the Site or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result thereof.

General

These Terms of Use shall be governed by and construed in accordance with the laws of New York. Jurisdiction for any claims arising under these Terms of Use is Agreement shall lie exclusively with the courts of New York, NY. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver by Capitolis of any breach, default or condition hereunder shall be deemed to be a waiver of any other preceding or subsequent breach, default or condition. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

provided without any or warranty of any kind. You use the material on Lorem Ipsum at your own discretion

 

4. CHANGE OF USE

Lorem Ipsum reserves the right to:

  • 4.1 change or remove (temporarily or permanently) the app or any part of it without notice and you confirm that Lorem Ipsum shall not be liable to you for any such change or removal and.
  • 4.2 change these Terms and Conditions at any time, and your continued use of the app following any changes shall be deemed to be your acceptance of such change.

 

 

5. Links to Third Party apps and websites

Lorem Ipsum app may include links to third party apps and websites that are controlled and maintained by others. Any link to other apps and websites is not an endorsement of such and you acknowledge and agree that we are not responsible for the content or availability of any such apps and websites.

 

6. COPYRIGHT

 

  • 6.1 All copyright, trade marks and all other intellectual property rights in the app and its content (including without limitation the app design, text, graphics and all software and source codes connected with the app) are owned by or licensed to Lorem Ipsum or otherwise used by Lorem Ipsum as permitted by law.
  • 6.2 In accessing the app you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the app for personal, non-commercial home use only.

 

 

7. LINKS TO AND FROM OTHER apps and websites

 

  • 7.1 Throughout this app you may find links to third party apps. The provision of a link to such an app does not mean that we endorse that app. If you visit any app via a link in this app you do so at your own risk.
  • 7.2 Any party wishing to link to this app is entitled to do so provided that the conditions below are observed:
    1. (a) You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
    2. (b) You do not misrepresent your relationship with this app; and
    3. (c) The app from which you link to this app does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
  • 7.3 By linking to this app in breach of our terms, you shall indemnify us for any loss or damage suffered to this app as a result of such linking.

 

 

8. DISCLAIMERS AND LIMITATION OF LIABILITY

 

  • 8.1 The app is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  • 8.2 To the extent permitted by law, Lorem Ipsum will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the app.
  • 8.3 Lorem Ipsum makes no warranty that the functionality of the app will be uninterrupted or error free, that defects will be corrected or that the app or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
  • 8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Lorem Ipsum for death or personal injury as a result of the negligence of Lorem Ipsum or that of its employees or agents.

 

 

9. INDEMNITY

You agree to indemnify and hold Lorem Ipsum and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Lorem Ipsum arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this app.

 

10. SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

 

11. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

 

12. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of and you hereby submit to the exclusive jurisdiction of the courts.