Welcome to Extreme Wind (the "Service"): the website at www.extremeapp.app, the installable web app, and the Extreme Wind App for Android and iOS.
1. General
The Service is owned by Extreme by Asa Bro (the "Owners"), and any use you make of it is subject to these terms of use.
If you do not agree to any of the terms set out here, you must refrain from making any use of the Service. By choosing to use the Service in any way, you agree to these terms in full. The Owners reserve the right to change these terms, and you agree that any use you make of the Service after the date on which they changed means you accept the updated version. If you are under 13 you are not permitted to use the Service or carry out any activity in it without your parents' consent. By pressing "I agree" you confirm that you have read and agree to these terms.
The Service is intended for your use, subject to these terms. These terms apply to the Service and to any part of it, to its source code, its designs, the use made of it and the content it contains, to software modules and to any content, products or services of the Service or which the Service makes accessible or downloadable, whether for consideration or without it (together, the "Services").
Obtaining any licence required in order to use the Service - a business licence, a driving licence and so on - as well as insurance of any kind, payment of taxes and expenses and the arrangement of any other matter arising from the law for the purpose of carrying out business or other activity through the Service, is your responsibility alone.
Use of any information, products or services through the Service is your sole responsibility and is subject to these terms.
You expressly agree that the Owners are entirely exempt from any liability, damage or inconvenience, to you or to others, in respect of every aspect of the use of the Service, of products or of services obtained through it or supplied to you by means of it, and that you take all responsibility for that upon yourself alone and will carry out any checks required.
2. The terms of use
These terms are intended to make clear what conditions apply to anyone who has used, uses or will use the Service.
In these terms, "content" means any service, product, source code, software module, software application, text, photograph, image, design, illustration, map, sound clip, video clip, graphic, expression, work, know-how or other information, in whole or in part, displayed in the Service, used in planning or specifying it, entered into it, contained in it, or addressed to or from it, by any means of communication, whether for payment or without payment, by you or by any third party, as well as any intellectual property right, including but not limited to patents, trademarks, copyright and moral rights relating to them.
Any use in these terms of the masculine or the feminine form is for convenience only, and is addressed to women and men alike. Likewise, any reference to the singular also means the plural, and the other way round. The provisions of these terms are cumulative, alternative or complementary, as the matter and the context require.
3. Access to the Service
The Owners reserve the right to allow or not to allow use of the Service at any time, and to change or stop doing so, all at their sole discretion.
Access to the Service or to part of it, and the ability to carry out certain actions, may be available to some users and restricted for others, for one reason or another, or may not be available at all, or may involve the allocation of a user name or a password, or may be conditional on completing a questionnaire or providing personal details, all at the Owners' absolute and sole discretion.
The Owners may begin to require this without prior notice, or add to what they require, or stop requiring it, or do so from time to time, without prior notice and at their absolute and sole discretion.
4. Use of the information you provide
If you have provided an email address, you agree to receive messages at that address for various purposes, including advertisements, invitations, offers and commercial messages of any kind. You may ask us to stop sending such messages in accordance with the provisions of any law.
By using the Service you agree to the collection of, and the tracking of, data, information, content, actions and usage habits of yours, which will be used for various purposes, including commercial and marketing purposes.
What we collect, who processes it and how you have it deleted are set out in our Privacy Policy, which forms part of these terms.
5. Types of content in the Service
The Owners reserve the right to choose whether and which content appears or is published, or stops or continues appearing or being published in the Service, or appears or is published from time to time, all at their sole and absolute discretion and according to their commercial needs, without prior notice or subsequent update.
The Owners may change, add, subtract, delete and update from time to time the content of the Service, the appearance of the Service, the way it operates, the way it is used, or the products and services it contains, without prior notice and at their sole discretion. The Owners reserve the right to include in the Service content constituting advertisements of their own or of others, or any other commercial content ("Advertisements").
Photographs, illustrations and simulations appearing in the Service are for illustration only and are not binding on the Owners.
Advertisements appearing in the Service, or sent to users of it, are the full and sole responsibility of the advertisers.
The content of the Service may contain errors, including in dates, prices, payment terms and more, and the Owners reserve the right to correct any such error at any time.
6. Searching for content in the Service
The Owners reserve the right to operate means of access, search tools or search engines in the Service, which will give access to certain content in the Service or in part of it as the Owners choose, and to change or stop doing so, all at their sole discretion.
7. Availability of content in the Service
You acknowledge that faults of one kind or another may occur, arising from one cause or another, which may prevent or hinder access to or use of the Service, including because of communication difficulties, maintenance or other reasons, and that use of the Service may be interrupted or stopped without completion or saving. The Owners are exempt from any liability for this, and you must save in advance any information you intend to use or to enter into the Service, before you do so.
8. Device behaviour
Without derogating from the above, you confirm that you are aware that in certain cases the usefulness of the Service depends on the proper functioning of the device you hold and of components in it such as GPS, Bluetooth and others, whose quality, inaccuracy, disruption or faults may interfere with your experience of the Service. The Owners are exempt from any liability for this.
9. Payments that may be made through the Service
Prices in the Service, to the extent that there are any, are correct as at the time they are displayed, and may be updated and changed from time to time at the discretion of the Owners or of the advertisers.
A PRO subscription is purchased and billed through our payment provider, which handles your payment details; we do not see or store your card number. A subscription renews until you cancel it, and it is cancelled with the provider you bought it from. Cancel an active subscription before you delete your account, otherwise billing continues with no account to cancel it against.
10. Entering content into the Service
If, in the course of using the Service, searching, ordering products or services or any other activity through it, the Service allows you to enter any information or content, responsibility for that content, for its meaning and for the fact of entering it lies with you alone.
Without derogating from the above, no content may be entered into the Service, or distributed from it or by means of it, which is liable to harm any person, their good name, their privacy, their property or their rights, and content may not be entered into the Service contrary to these terms or to the provisions of any law.
The Owners reserve the right to edit, change and even delete such content. You expressly consent to changes to content, to editing, or to the deletion of any content entered into the Service.
You are entitled to approach the Owners and ask for content you entered into the Service to be deleted, and the Owners will endeavour to comply with your request, although they do not undertake to do so.
Responsibility for any act or omission that does not accord with the above is yours alone.
11. Links, advertisements and references from the Service
The Service may contain references to content, advertisements and sources which are not under the control or supervision of the Owners. Accordingly, if offensive, immoral or unlawful material appears in them, or if damage of any kind is caused through them or because of them, the Owners and anyone on their behalf have no liability for it and will bear none.
12. Ownership and intellectual property rights
Intellectual property rights are protected in Israel and abroad under the laws of the State of Israel and international conventions.
The Owners respect the ownership and intellectual property rights of others, and you must do so too.
The Service and its content are the exclusive property of the holders of the property rights in them, are not your property, and no use may be made of them other than subject to these terms.
Unless expressly agreed otherwise in advance and in writing, the information and the intellectual property rights in the Service are to be regarded as belonging to the Owners alone, or as permitted for the Owners' use by third parties, including copyright, moral rights, trademarks, service marks, trade and business names, technological information, functional information, professional information, commercial information, designs, patents, works, inventions, trade secrets, and any information or intellectual property right, whether registered or not (the "Intellectual Property Rights").
Third parties holding intellectual property rights in content entered into the Service without the Owners' knowledge or consent are asked to approach the Owners or anyone on their behalf and report it.
The Owners reserve the right to enforce, remove, change, correct and prevent any use of the Service, any entry into it, or any publication of content infringing their intellectual property rights or those of third parties, and to demand any compensation or indemnity from anyone liable to place themselves or the Owners in a position of possible infringement of their rights or of the rights of others.
13. Use of the Service's content
No use may be made of the Service or of its content that is offensive to any person, to their good name, their privacy or their rights, and no use may be made of the Service or of its content contrary to these terms, to the provisions of any law, to custom, or to public policy. Any use of the Service or of any content contained in it or taken from it is for personal use only, and no other use, including business, marketing or commercial use, may be made of it, unless the Owners permit this expressly, in advance and in writing, and in accordance with the terms of that permission as stated in the body of the Service.
Accordingly, and without derogating from the generality of the above, none of the Intellectual Property Rights of the Owners or of a third party may be exploited without their consent, including but not limited to by way of extraction, copying, saving as a file, duplication, distribution, delivery, lending, renting, sale, modification, addition, deletion, adaptation, derivation, creation of a work, public display, public performance, or in any other way.
Anyone doing so without express permission from the Owners, in advance and in writing, to the extent it is given and subject to its terms, risks criminal prosecution and civil proceedings, including injunctions, search, seizure, monetary claims, detention of goods, arrest, imprisonment and any other or additional enforcement measure the Owners see fit.
Any permission given to you by the Owners to make use of any content in the Service, if and to the extent it is given, does not and will not derogate from the Owners' rights, including ownership rights generally and Intellectual Property Rights in particular, and no act or omission of the Owners shall be taken to imply consent to the transfer or grant of use of any intellectual property right or other right to the holder of the permission or to any other person, unless expressly agreed in advance and in writing, subject to the rights belonging to the Owners or received by them from third parties, and subject to the provisions of any law.
Without derogating from the above, "fair use" of a work, as that term is defined in any law, is permitted for the purposes of private study, research, criticism, review, journalistic reporting, quotation, or instruction and examination by an educational institution, subject to the law of Israel alone. In any fair use, credit must be given to the author of the content and to the Service. No defect may be introduced into the content, and it may not be distorted, otherwise altered in form, or subjected to any other derogatory act, where any of these is liable to harm the honour or the name of the creator.
14. Exclusion of liability
The Service and the content it contains are presented and offered for use as they are, "AS IS".
The Owners bear no liability of any kind, contractual, tortious or otherwise, for any use made of the Service or of its applications, or for prevention of or interference with use of the Service for any reason. The Owners bear no liability of any kind for content delivered or entered by you, for its lawfulness, credibility, reliability, accuracy or completeness, for computer files attached to it, or for any damage, loss, distress or consequence, directly or indirectly, to you or to any third party.
The Owners bear no liability for any damage arising from downloading the Service, for damage arising from a link contained in the Service, or for any damage arising from the display or publication of such content in any other way. Likewise, full and sole responsibility for any link, display or publication of content made by you is yours, and you undertake to indemnify the Owners for any damage caused as a result.
The Owners do not undertake to keep any content you entered into the Service or downloaded from it, and responsibility for saving content by your own means is independent of the Owners, of the Service and of anyone connected with them, and lies with you alone. Keeping such content is subject to the provisions of any law and to these terms.
You declare that all responsibility and risk for any damage or loss caused to you by use of the Service is yours, including accidents, distress, financial aspects and any other damage. It is also noted that use of a mobile device while travelling is prohibited and is dangerous to you and to those around you.
15. Indemnity
You undertake to indemnify and compensate the Owners and anyone on their behalf for any act or omission that caused the Owners direct or indirect damage, loss, loss of profit, payment or expense, whether because of a breach of these terms, because of a breach of the provisions of any law, or because of any claim or action by any third party.
16. Jurisdiction
The laws of the State of Israel alone apply to these terms and to their interpretation, and the place of arbitration and jurisdiction shall be the competent court in the Tel Aviv District or the Central District alone.
17. Changes to the terms of use
These terms may be subject from time to time to changes, updates, additions and deletions, at the absolute and sole discretion of the Owners, of which notice will be published.
If you wish to continue using the Service, you will be regarded as agreeing to the amended terms, unless they conflict with the provisions of the law.
18. Contact us
We will endeavour to handle enquiries addressed to us as soon as possible. Enquiries should be sent using the details below:
Name: Extreme by Asa Bro
Address: Harduf St 2, Beit Yanai
Phone: 1-700-555-170
Email: app@asabro.co.il