Recently Updated: Sep 15, 2019
If you do not agree to be bound by the Terms, you should stop using the Platform or Application and discontinue use of the Services. As long as you do not cease using the Platform, Application or any of the Services, you will be conclusively deemed to have accepted the Terms.
18.1 Functionality. You understand and acknowledge that the Platform, Application and Services are currently in their testing stage, and are made available as a “Private Beta” version. This means that we have not yet completed development of Platform, Application or Services and that not all features are completely functional or available. Occasionally, the Platform, Application might not work at all. Reaction is not obligated to provide any maintenance, technical or other support for the Platform, Application or Services.
18.2 Severability. If any provision of the Terms is held unenforceable, then such provision will be severed or modified to reflect the parties’ intention. All remaining provisions of the Terms shall remain in full force and effect.
18.3 Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without Reaction’s written consent, and any such attempt will be null and void. Reaction may assign the Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
18.4 Choice of Law. The Platform, Services and the Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel.
18.5 Mandatory Informal Dispute Resolution. If you have any dispute with Reaction arising out of or relating to the Terms, you agree to notify Reaction in writing with a brief, written description of the dispute and your contact information, and Reaction will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction. If the Parties are unable to resolve the dispute through good faith negotiations over such thirty (30) day period under this informal process, either party may pursue resolution of the dispute in accordance with the arbitration agreement clause below.
18.6 Arbitration Agreement.
18.6.1 ALL DISPUTES ARISING OUT OF OR RELATED TO THE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND REACTION, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO SECTION 18.5 ABOVE WILL BE exclusively RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE, AND REACTION AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Any dispute between the parties hereto arising out of or in connection with the Terms, shall be referred to and finally resolved by arbitration under the Israeli Arbitration Law and the rules promulgated thereunder by 1 (one) arbitrator appointed in accordance with said rules, except as set forth herein. The seat of the arbitration shall be in Tel-Aviv, Israel in a place as shall be determined by the arbitrator. The arbitrator shall be a practicing lawyer admitted in the State of Israel, neutral and independent, who possesses expertise in arbitrating commercial matters of the type that may arise in connection with the Terms and shall be appointed by the President of the Israeli Institute of Commercial Arbitration. The arbitration proceedings shall be recorded and transcribed, but kept in strict confidentiality by the parties thereto, A decision made by the arbitrator shall be final and binding but can be appealed in accordance with Section 29B of the Israeli Arbitration Law, with the competent court in Tel Aviv, Israel which shall have the sole jurisdiction in the event of appeal of such award. This section constitutes an arbitration agreement in accordance with the Israeli Arbitration Law.
18.6.2 If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the competent courts located in Tel-Aviv, Israel, and you and we hereby exclusively submit to the personal jurisdiction and venue of these courts.
18.6.3 The agreement to arbitrate will not preclude you or Reaction from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Reaction from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any competent court for disputes related to a violation or possible violation of Reaction’s intellectual property rights.
18.7 Relationship of the Parties. The Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Reaction.
18.8 Electronic Communications and Signatures. You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Platform or Services. Furthermore, you hereby waive any rights or requirements under any applicable laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
18.9 Notices. Users may give notices to Reaction by email to firstname.lastname@example.org.