Terms of Use
Date of Last Revision: September 25, 2025
Agilite Ergonomics (E.B) Ltd, together with its subsidiaries and affiliates (“Agilite”, "us", "we", "our"), provides you access and use of its websites www.Agilitegear.com / www.Agiliteinternational.com / www.Agilite.co.il and mobile applications (collectively, "the website”, "service") and permits you to place orders subject to your compliance with these terms and conditions of use (“Site Terms”, "terms of use").
BY ACCESSING OR USING THE WEBSITE, CREATING AN ACCOUNT, PLACING AN ORDER, PURCHASING SOMETHING FROM US, OR OTHERWISE AGREEING TO THE TERMS, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THESE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE WEBSITE OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THE WEBSITE.
These Site Terms apply to all users of the website, including without limitation users who are browsers, vendors, dealers, customers, merchants, and/ or contributors of content.
These Site Terms apply to your access to, and use of, the website. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Agilite for products, services or otherwise. The Return/Exchange policy & Warranty also apply to any orders you submit to Agilite on the website.
If you are using the website on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Agilite for violations of these Site Terms.
If Agilite offers any rewards, contests, programs, or other offers or promotions on the website, you agree to any additional posted terms, conditions, rules, or guidelines, which are hereby incorporated by reference into these Site Terms.
Any new features or tools which are added to the website shall also be subject to these Site Terms.
Agilite reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the website, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the website and shall apply to all use of the website and all acts or omissions occurring after the effective date of the revised Site Terms. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the website. If you do not agree to the amended Site Terms, your license to use the website will terminate and any further use will be unauthorized, so you must stop using the website.
If you have any questions regarding the use of the website or comments about the website or its contents, please contact customer service at customercare@agilitegear.com.
Privacy policy- PERSONAL INFORMATION
Your submission of personal information through the website or website store is governed by our Privacy Policy. Before you continue using our website or purchasing products, we advise you to read our privacy policy, for information on how Agilite collects, uses and discloses personally identifiable information from its users.
GENERAL CONDITIONS AND RESTRICATIONS
The website is intended for use by adults. By using the website, you warrant and represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and that you may legally adhere to this Agreement.
We assume no responsibility for liabilities related to age misrepresentation.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction.
A breach or violation of any of the Site Terms will result in an immediate termination of permission to use/visit the website.
We reserve the right to refuse service to anyone for any reason at any time.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Agilite attempts to be as accurate as possible. However, Agilite does not warrant that product descriptions, information made available on the website or other content of any Agilite Service is accurate, complete, reliable, current, or error-free. If a product offered by Agilite itself is not as described, your sole remedy is to return it in unused condition.
The material on the website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material or information on this website is at your own risk.
We reserve the right to modify the contents of the website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to our website.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
ONLINE STORE
Our online store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Prices for our products in the online store are subject to change without notice. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Agilite is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Agilite attempts to be as accurate as possible. However, Agilite does not warrant that product descriptions or other content of any Agilite Service/Products are accurate, complete, reliable, current, or error-free. If a product offered by Agilite itself is not as described, your sole remedy is to return it in unused condition.
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return/exchange Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the online store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Agilite. We reserve the right to discontinue any product at any time. Any offer for any product made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place on the website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card number and expiration date, so that we can complete your transactions and contact you as needed.
SHIPPING POLICY
We’re committed to providing exceptional customer service, and we’re here to help with any delivery issues you may encounter.
If a package is confirmed lost in transit, we will be happy to either replace the item or issue a refund after a thorough investigation. However, if the tracking information indicates that the package has been delivered, we are unfortunately unable to offer a replacement or refund. Please know that we will assist you through the claims process, which may take 30 to 45 days to complete.
For any delivery issues, please contact the carrier directly. If a package is returned to us as undeliverable, we will refund the amount to your original payment method. Please be aware that we cannot redirect packages to alternate addresses.
Wrong Shipping Address Policy
If you realize that the address submitted with your order is incorrect, please notify us within 36 hours of placing your order to update the address details.
If we do not receive a corrected address within this timeframe, your package will be shipped to the address originally provided.
Please note that Agilite cannot assume responsibility for packages delivered to an incorrect address at this stage. Unfortunately, we are unable to refund shipping fees or provide a replacement order free of charge.
If an error has been made in entering your address, we will need to send you an invoice to cover the complete cost of re-shipping your order if and when it has been returned to the sender.
Alternatively, we can refund your order minus the original cost of shipping once we receive the returned package.
We encourage you to meticulously enter and review your address during checkout. Should you notice any issues, please reach out to us promptly, and we will gladly make the necessary corrections.
Intellectual property
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated in the website, the website and all content and other materials on the website, including, without limitation, the Agilite logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Agilite and are protected by copyright and trademarks.
You are granted a limited, non-sublicensable license to access and use the website (except where prohibited without a license) for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the website or the Site Materials therein; (b) the collection and use of any product listings, pictures, videos or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the website, the Site Materials or any information contained therein, except as expressly permitted on the website; or (g) any use of the website or the Site Materials other than for their intended purpose.
Any use of the website or the Site Materials other than as specifically authorized herein, without the prior written permission of Agilite, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Agilite may, at its sole discretion, limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of Agilite or others.
COPYRIGHT COMPLAINTS
Agilite respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, you may write an email to ______________ and file a notification of such infringement.
Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and by sending us such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Agilite may give notice of a claim of copyright infringement to its users by means of a general notice on the website, electronic mail to a user's email address in our records, or by written communication sent by mail to a user's address in our records.
TRADEMARKS
"Agilite" "K19" "K-Zero" "Magnetix," " Battleshell " “the scorpion logo” "Re-flex3D," "PINCER," "Mag Release Dump Pouch”, and other product or service names, logos and slogans of Agilite that may appear on the website, are trademarks or registered trademarks of Agilite or its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of Agilite. You may not use any metatags or any other "hidden text" utilizing "Agilite" or any other name, trademark or product or service name of Agilite or its subsidiaries without our prior written permission. In addition, the look and feel of the website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Agilite and may not be copied, imitated or used, in whole or in part, without our prior written permission. However, nothing herein prohibits you from using Agilite’s name, trademark or product name in your review of Agilite’s products or services.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
PROHIBITED USES OF THE WEBSITE
You are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Agilite reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the website for noncommercial purposes, provided such link does not portray Agilite or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use an Agilite logo/the scorpion logo or other proprietary graphic of Agilite to link to the website without the express written permission of Agilite. Further, you may not use, frame or utilize framing techniques to enclose any Agilite trademark, logo or other proprietary information, including the images found at the website, the content of any text or the layout/design of any page or form contained on a page on the website without Agilite's express written consent.
Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Agilite or any third party.
THIED-PARTY LINKS
Third-party links on the website may direct you to third-party websites that are not affiliated with Agilite. Agilite makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the website, or third parties' Websites linking to the website. Such third parties' websites are not under the control of Agilite and Agilite provide access to such third-party websites "as is" and "as available" without any warranties, and Agilite is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such websites. Agilite provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Agilite of any site or any information contained therein. When you leave the website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party website to which you navigate from the website.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
THIRD PARTY CONTENT
Agilite may provide or allow third party content on the website and may provide or allow links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Agilite does not monitor or have any control over any Third- Party Content or third-party Web sites. Agilite does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Agilite does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk. Product reviews and comments posted on the website are strictly the opinion of the user posting such reviews or comments, and Agilite does not endorse or approve any such reviews or comments.
USER CONTENT
You may post user reviews, feedback, comments, photos, videos, and other content on the website, send communications and submit suggestions, ideas, comments, questions, or other information, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the website ("user content"), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the website any of the following:
a) User Content that is unlawful, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, or fraudulent.
b) User Content that you know or have reason to know is inaccurate, untruthful or misleading;
c) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any law;
d) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
e) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
f) Unsolicited promotions, political campaigning, advertising or solicitations;
g) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers/ID numbers and credit card numbers;
h) Viruses, corrupted data or other harmful, disruptive or destructive files;
You represent and warrant that you own or otherwise control all of the rights to the user content that you post; that the content is accurate; that use of the content you supply does not violate these Site Terms and will not cause injury to any person or entity; and that you will indemnify Agilite for all claims resulting from user content you supply.
Agilite takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Agilite liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Agilite reserves the right (but not the obligation), and has absolute discretion, to remove, screen or edit any User Content posted or stored on the website (but does not regularly review posted content) and/or to limit your use of the website at any time and for any reason without notice.
RIGHTS IN USER CONTENT
Except as otherwise expressly stated by Agilite, Agilite does not claim ownership of any User Content or other materials you post or upload on the website or otherwise provide or submit to Agilite (except as stated below regarding Agilite's products). However, unless Agilite indicates otherwise, you grant Agilite and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. Such license shall be limited to use on or in connection with the website unless otherwise indicated on the website. You grant Agilite and its sublicensees the right to use the name that you submit in connection with such User Content, if they choose.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Notwithstanding the foregoing, you acknowledge and agree that any suggestions, ideas, comments or other information or materials you provide regarding Agilite's products or services, whether by email, posting to the website or otherwise, are non-confidential and shall become the sole property of Agilite. Agilite shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Agilite, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the website, including without limitation any actual or threatened suit, demand or claim made against Agilite and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of law, regulation, or rights of any third party.
USER CONDUCT
When creating or updating an account or participating in programs or promotions or buying a product, you may be required to provide certain personal information including, but not limited to, your name, contact, and payment information. This information will be held and used in accordance with our Privacy Policy and any other related notices provided in connection with our information collection or use. You agree to provide complete, truthful, and accurate information, and to update such information promptly if it changes. You also agree not to:
• Use the website in any unlawful manner or in any manner that could damage, disable, overburden or impair the website;
• Harvest or collect email addresses or other contact information of other users from the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the website or to extract data;
• Use automated scripts to collect information from or otherwise interact with the website;
• Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
• Provide incomplete, false, or inaccurate biographical or other information for purposes of registering as a user, creating an account, placing an order or participating in any program or promotion;
• Impersonate any person or entity or otherwise misrepresent your age or your affiliation with a person or entity;
• Use the website or your account for a commercial purpose;
• Violate any law;
• Use or attempt to use another's account without authorization from Agilite;
• Attempt to circumvent any content filtering techniques Agilite may employ;
• Attempt to access any service or area of the website that you are not authorized to access; or
• Engage in any harassing, intimidating, predatory or stalking conduct.
Agilite is not responsible or liable for the conduct of, or your interactions with, users of the website (whether online or offline), nor is Agilite responsible or liable for any loss, damage, injury, or harm associated therewith.
Although Agilite has no obligation to monitor any user conduct on the website, Agilite reserves the right, and has absolute discretion, to monitor any user conduct on the website at any time and for any reason without notice.
DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY AGILITE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, THE WEBSITE MATERIALS CONTAINED THEREIN (INCLUDING ALL USER CONTENT), AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AGILITE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND SITE MATERIALS IN THE WEBSITE. AGILITE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. AGILITE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND AGILITE DOES NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS.
AGILITE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE AGILITE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICES SAFE, AGILITE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Agilite reserves the right to change any and all content contained in the website and any Services offered through the website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Agilite.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AGILITE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE USER CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM AGILITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AGILITE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AGILITE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AGILITE FOR ACCESS TO OR USE OF THE WEBSITE.
THE FOREGOING LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY CLAIMS, DAMAGES, COSTS OR EXPENSES ARE THE RESULT OF AGILITE’S OWN GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW.
SITE ACCESS AND GOVERNING LAW AND VENUE
These Site Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Israel.
If you access the website from outside of Israel, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to the laws of the State of Israel.
TERMINATION
Notwithstanding any of these Site Terms, Agilite reserves the right, without notice and in its sole discretion, to terminate your license to use the website, and to block or prevent future access to and use of the website.
CAUSES OUTSIDE OF OUR CONTROL
A “Cause Outside of Our Control” is any act or event beyond our reasonable control, including but not limited to act of God, fire, flood, explosion, war, threat or preparation for war, military activity, riot, civil disturbance or strike, lockout or other work stoppage, terrorist threat or attack, inclement weather, flood, earthquake, epidemic, pandemic, other natural disaster, supply chain failures, or failure of public or private telecommunications networks. If a Cause Outside of Our Control affects our performance of obligations under these Site Terms, Agilite will notify you as soon as reasonably possible and our obligations to you will be suspended and the time for performance of our obligations will be extended for the duration of the Cause Outside of Our Control.
ASSIGNMENT
Agilite may transfer its rights and obligations to another entity, but this will not affect your rights or Agilite's obligations under these Site Terms. You may only transfer your rights or obligations under these Site Terms to another person if Agilite agrees in writing.
DISPUTES
Any dispute or claim related in any way to your visit to this website or to products you purchase from Agilite, will be adjudicated by Tel Aviv District court in Israel and you consent to exclusive jurisdiction and venue of this court.
NO WAIVER AND SEVERABILITY
The remedies set forth in these Site Terms are cumulative and not exclusive, unless expressly stated otherwise. Failure or delay by Agilite to enforce any provision of these Site Terms will not be deemed a waiver of future enforcement of that or any other provision. If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
CONTACT INFORMATION
Questions or comments about the website or these Site Terms should be sent to Agilite via email customercare@agilitegear.com