Terms of Use​

Welcome to https://www.nice.com (the "Website"), an online resource for information, activities, products and services related to NiCE Ltd. and its affiliates ("NICE", "We" and "Our").

Please read carefully the following terms and conditions. By using and accessing the Website, and the content and services contained therein, you agree to be bound by these terms of use (the "Terms", or the "Terms of Use") including any other document incorporated thereto. If you do not agree to be bound by the Terms, you may not access or use the Website.

These Terms apply to the use of the Website and the services and content included therein by every computer or other communication means (like cellular phones, PDA's, etc.). These Terms further apply the use of the Website via the Internet network or any other communication networks.

Acceptable Use of the Website

The following terms define the acceptable use of the Website and the services available through the Website (the "Services"). Subject to these Terms of Use, you may access and use the content on the Website. You may not use the content otherwise, unless NiCE provided you an explicit prior written permission.

You agree that you are solely responsible for all your acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.

While using the Website, you agree to refrain from–

• Breaching these Terms or any other applicable rules and instructions that We may convey with respect to the use of the Website;
• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam and copyright;
• Interfering with, burdening or disrupting the functionality of the Website;
• Breaching the security of the Website and the Services or identifying any security vulnerabilities in it;
• Circumventing or manipulating the operation, or functionality of the Website and the Services thereunder;
• Posting false, inaccurate, or misleading content;
• Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website, and the Services;
• Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear or are made available thought the Website;
• Displaying content from the Website, including by any software, feature, gadget or communication protocol, which alter the content or its design;
• Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
• Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
• Abusing, harassing, threatening, impersonating or intimidating other users;
• Linking to the Website from web pages that contain pornographic content or content that encourages racism, wrong discrimination or other wrongful;

Registration and user account

The Website serves all Internet users. However, certain Services (i.e. NiCE blogs) may be available to registered users only.

When you register with the Website, or while completing Our contact forms, We will ask you to provide certain contact and personal details. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or out dated information may prevent you from registering and impair Our ability to provide you with the Services and contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Website or complete the contact forms. We will only use your personal details in accordance with Our Privacy Policy which is available at https://www.nice.com/privacy-statement and incorporated by reference to the Terms.

If you use a username and password to log-in to certain Services on the Website, you agree to maintain your username and password in absolute confidentiality and refrain form disclosing them to others. Make sure that you change your password frequently and at least once every six months.

You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration or form completion process, and for any use or misuse of your account on the Website as a result of conveying your details to someone else.

We may deny, or cancel your account, for any reason, at any time and in Our sole discretion. We may notify you that We canceled your account by sending you a message to the e-mail address that you provided during the registration process. The cancellation will come into effect on the date stated in the message. Such notification may come into effect immediately. In addition, notwithstanding any remedies that may be available to NiCE under any applicable law, We may temporarily or permanently deny, limit, suspend, or terminate your account, prohibit you from accessing the Website and the Services, and take technical and legal steps to keep you off the Website, if We believe that -

• You have abused your rights to use the Website or the Services; or,
• You have breached the Terms; or,
• You deliberately submitted false information; or,
• You have performed any act or omission that violates any applicable law, rules, or regulations; or,
• You have performed any act or omission which is harmful or likely to be harmful to NiCE, or any other third party, including other users and partners of NiCE; or,
• You made use of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
• You conveyed your password to another person; or,
• You have abandoned your account.

Links to Other Sites

The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.

Financial Information

Financial information, including financial reports and NiCE share value, may be available on the Website. Although efforts are made to coordinate and process such content, some mistakes may occur in the process of their reception, processing and posting. If you wish to make use of such content you must check and verify it. Its posting constitutes no recommendation or opinion about transactions and financial development, including purchase or sale of NiCE securities. Therefore, you bear the exclusive responsibility to any decision you make regarding the use of such financial content.

The Website may contain forward looking statements, which are based on Our expectations related to future events and projects. The statements reflect Our current expectations only and inherently include uncertainties and risks. They are also dependent on factors that may not materialize. Therefore, actual events may differ substantially from any projections made in these statements. We may not keep these statements updated at all times and We do not undertake any obligations with respect to these statements, except as required by law.

Privacy

We respect your privacy. Our Privacy Policy explains the accepted privacy practices on the Website. The Privacy Policy is incorporated by reference to these Terms.

Intellectual property

All rights, title and interest in and to the Website and any Services hereunder (except – as provided with respect to third parties' content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to NiCE. These Terms do not grant you any rights to patents, copyrights, trade marks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect of the Website and any of the Services.

Unless otherwise expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from NiCE.

You may not adapt or otherwise use, including in any Internet domain name, any any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission that may dilute or tarnish Our goodwill. Trademarks and advertisements of NiCE on the Website are the exclusive property of NiCE.

NiCE respects the intellectual property rights of others. If you believe that certain content published on the Website infringes your rights or these Terms, you my request us to remove the content. A request to remove content that purportedly infringe or violate copyrights, must be made in accordance with our copyright policy

which is incorporated in these Terms by reference. Request to remove content that infringes other rights, or violates these Terms, must be submitted to us as specified in Our copyright policy, and We will do our best to provide a prompt response to your complaint.

Disclaimer of warranty

NiCE provides the website and the services and content included therein for use on an as is and as available basis. They cannot be customized to fulfill the needs of each and every user. We disclaim all warranties and representations, either express or implied, with respect to the website, the services and content included therein, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, quality, non-infringement, title, compatibility, performance, security or accuracy.

We do not warrant that the website and the services will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components.

You agree and acknowledge that the use of the website, the services and content included therein is entirely, or at the maximum permitted by the applicable law, at your own risk.

Limitation of liability

NICE, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable, to the maximum extent permitted by the applicable law, for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the website, the content, the services thereunder or any communications, interactions, dealings, engagements and transactions with others on or through the platform, or from any failure, error, or breakdown in the function of the website and the services, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on posted content on the website, or from any communication with the website, or with other users on or through the website.

You acknowledge and agree that the use of the website, its content and any services offered thereunder, is entirely, or to the maximum extent permitted by the applicable law, at your own responsibility.

Indemnification

You agree to indemnify, defend and hold harmless NiCE, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, at your own expense and immediately after receiving a written notice from NiCE, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of these Terms, or any other terms, rules or regulations applicable to the Website its content and the services offered thereunder, or your violation, or infringement of third parties’ rights.

Changes in the Website

From time to time, We may change the Website's layout, design or display, as well as the scope and availability of the content and Services accessible therein, without giving prior notice. By their very nature, changes of this type may cause inconvenience or even malfunctions at first. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.

Availability

The availability and functionality of the Website depends on various factors and elements, including software, hardware and communication networks. Third parties provide some of these elements.

None of these factors are fault free. We do not warrant or guarantee that the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.

Termination of operation

At all times, NiCE may terminate the operation of the Website, or any part thereof, either temporarily or permanently. NiCE will publish a termination notice reasonable time prior to the termination of the Website. NiCE will maintain backup copies of the content on the Website for additional reasonable time, and afterwards will be entitled to delete the content without maintaining any backup copy thereof and without giving additional notice.

You agree and acknowledge that NiCE does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result.

Governing Law and Mandatory Arbitration

These Terms will be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms will be brought before an arbitrator who is an Israeli attorney proficient in the fields of electronic commerce and Internet. The arbitrator will be determined by the President of the Israel Bar Association at the request of either party.

The arbitrator will be entitled to grant provisional remedies and interim orders. The arbitration will take place in the city of Tel Aviv. The arbitrator will not be bound by the rules of civil procedure but will be bound by the law of evidence and substantive law. The arbitrator will give reasons for his decision. A judgment upon the arbitration award may be entered in a court in the Tel Aviv district.

Notwithstanding the aforesaid, should any of the parties to this agreement be sued by a third party, in any legal proceeding whatsoever, the defendant, notwithstanding the aforesaid, may add the other party to such judicial process, and in such event this arbitration agreement will not apply.

The competent court for purposes of the Arbitration Law, 5728-1968, will be the court located in the city of Tel Aviv.

This section constitutes an arbitration agreement between the parties for all intents and purposes.

In any matter that does not fall within the jurisdiction of the arbitrator, or any matter in which this arbitration agreement does not apply, for any reason whatsoever, exclusive jurisdiction will lie with the competent court in the Tel Aviv district in Israel.

Amendments to the Terms

From time to time, NiCE may amend these Terms. The amendments will become effective immediately upon their initial posting, or as required by law.

You agree to be bound by any of the changes made in these Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid from any further use of the Website.

Interpretation

• The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms.
• Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Severability

If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of these Terms will continue to remain in full force and effect.

Survival

The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification Sections, will survive the termination or expiration of these Terms or the termination of the Website's operation.

Correction of Errors

We put great effort in ensuring the reliability of facts and information that We Post on the Website. However, errors may sometimes occur. If you think that any information or publication that We have posted on the Website is erroneous, contact us at contact.webmaster@nice.com.

Contact us

NiCE respects the privacy and good reputation of the Website users. If you think that certain posting or content published on the Website harms or offends you in any way, you may contact us at contact.webmaster@nice.com, and We will do our best to provide a prompt response to your complaint.

Last Updated: May 7, 2020