Terms & Conditions
Last Updated: June 12, 2025
1. Terms & Conditions.
a. Please read these Terms and Conditions (“Terms and Conditions”) carefully, and refer to them as necessary as you explore BHI USA’s Web Site. Bank Hapoalim B.M.’s New York branches and U.S. representative offices (hereinafter also referred to as “BHI USA”, “we”, or “us”) grants you and, if applicable, the company or other legal entity that you represent (collectively, the “User” or “you”) access to our website located at www.bhiusa.com (the “Web Site”) pursuant to these Terms and Conditions. These Terms and Conditions govern your use of the Web Site and the content, tools, or other materials accessible on or from the Web Site. By accessing, browsing or using the Web Site, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions. BHI USA may revise these Terms and Conditions at any time, without notice. Users are responsible for reviewing this page from time to time to ensure compliance. If you do not agree with these Terms and Conditions in general or any part of it, not visit or use BHI USA’s Web Site.
b. PLEASE BE AWARE THAT SECTION 13 (DISPUTE RESOLUTION AND CHOICE OF LAW) BELOW CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT USER AND BHI USA HAVE AGAINST EACH OTHER ARE RESOLVED. AS SET FORTH THEREIN, USER WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST BHI USA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. ALSO, SECTIONS 8 AND 9 INCLUDE A RELEASE BY USER OF ALL CLAIMS FOR DAMAGE AGAINST BHI USA AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF THE USE OF OR OTHERWISE RELATES TO USE OF THE WEB SITE.
c. BHI USA reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web Site and to suspend and/or deny access to this Web Site for scheduled or unscheduled maintenance, upgrades, improvement or corrections or for any other reason whatsoever. Modifications will be posted on the Web Site and will be effective as of the date of posting. User’s continued use of the Web Site following the posting of changes to these Terms and Conditions constitutes acceptance of those changes. The information and materials on this Web Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only (or as of any date specifically posted in connection therewith) and BHI USA does not undertake any obligation or responsibility to update or amend any such information.
2. Acceptance of the Terms and Conditions.
User represents and warrants that: (a) User is of legal age to form a binding contract with BHI USA, and (b) if User is using the Web Site on behalf of a person, company or entity, User represents and warrants that User has full legal authority to accept these Terms and Conditions on behalf of that person, company or entity.
3. Access.
We reserve the right to withdraw, amend, or restrict your access to the Web Site (including any part thereof), and any service or content we provide on the Web Site, in our sole discretion, at any time, without notice. We will not be liable if, for any reason, all of any part of the Web Site is unavailable. You are responsible for making all arrangements necessary for you to have access to the Web Site. In addition, you are solely responsible for ensuring that any access or use of the Web Site through your Internet connection complies with these Terms and Conditions.
4. Intellectual Property Rights.
a. Subject to, and conditioned on, User’s compliance with these Terms and Conditions, BHI USA hereby grants to User a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, royalty-free right and license to: (i) use the documents, content, tools, data, press releases, research publications, and other materials provided by BHI USA through the Web Site (“Content”) for non-commercial or internal business purposes; and (ii) to use the Web Site to access any members-only platforms offered by BHI USA.
b. BHI, BHI USA, the diamond design and related marks are trademarks of Bank Hapoalim B.M. Other trademarks, service marks, brands and names on this Web Site are also the property of Bank Hapoalim B.M. or its affiliates or suppliers (collectively, the “BHI Marks”). User will not use any BHI Marks without our prior written consent.
c. As between User and BHI USA, we and our affiliates, suppliers, and licensors own all rights, title, and interest in and to the Web Site, the Content, the BHI Marks, and all associated databases, software, know-how, and other materials. No action that may directly or indirectly infringe the property rights of Bank Hapoalim B.M. is permitted. Except as expressly provided in these Terms and Conditions, neither party grants, nor shall the other party acquire, any right, title, or interest (including any implied license) in or to any property of the first party or its affiliates under these Terms and Conditions. All rights not expressly granted in these Terms and Conditions are withheld.
d. If User provides us feedback about the Content or the Web Site, User hereby grants to BHI USA an unlimited, worldwide, royalty-free, perpetual, sublicensable (including through multiple tiers), and irrevocable right and license to use, share, commercialize, and otherwise exploit User’s feedback in any manner and for any purpose without any obligation to User.
5. Use Requirements.
In using the Web Site and Content, User (and anyone acting on User’s behalf) must adhere to the following:
a. User will use the Web Site and Content only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with these Terms and Conditions; and (iii) in a manner that does not infringe, misappropriate, or otherwise violate any of our rights or those of any other person or entity.
b. User will not transmit any material that is illegal, abusive, graphically distressing, inflammatory, profane, threatening, hateful, tortious, defamatory, discriminatory, obscene, sexually explicit or contains pornography, libelous, invasive of another’s privacy, or otherwise objectionable or offensive, or to harass or harm BHI USA, another entity, or another individual.
c. User will not transmit any unsolicited or unauthorized advertising or promotional materials.
d. User will not impersonate any person or entity, or otherwise misrepresent User’s affiliation with a person or entity.
e. User will not remove, obscure, or alter any notice, including any notice of intellectual property right, appearing on or contained within the Web Site or Content.
f. User will not disparage or injure the reputation or goodwill of BHI USA, or any of its officers, directors, or employees.
g. User will abide by all security and safety measures on the Web Site. User will not circumvent, disable, or otherwise interfere with security-related features of the Web Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Web Site or Content. User will not use the Web Site or Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code or software application.
h. User will not: (i) distribute, sell, lend, transfer, or grant any rights in or to all or any portion of the Web Site and Content to any third party; (ii) use Content to create any software, website or service that functions substantially the same as the Web Site; (iii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code of any component of the Content and associated databases, software or systems; (iv) copy, reproduce, distribute, publish, store, perform, modify, create derivative works from, transmit, transfer or in any way exploit the Content or the Web Site or attempt to do so, except as expressly permitted under these Terms and Conditions; or (v) interfere or attempt to interfere in any manner with the functionality or proper working of the Web Site.
i. User will not use any bot, crawler, harvester, indexer, robot, spider, scraper, or any other automated means to access, compile, read, or gather Content from the Web Site.
6. Third-Party Sites and Third Party Content.
a. At times this Web Site may contain links to Web Sites maintained by third party companies, individuals or agencies (“Third-Party Sites”) which are provided as a convenience to BHI USA’s Web Site Users. Third-Party Sites are not under the control of BHI USA and as such, access to and use of such Third-Party Sites is at User’s own risk and subject to corresponding third-party, and not BHI USA’s, terms of use and privacy policies. BHI USA does not monitor or review the content of such Third-Party Sites and therefore advises you that your access by link to any such Third-Party Sites is at your own risk. We take no responsibility and assume no liability for (i) your use of any content or information on any Third-Party Sites; or (ii) any third parties’ access or use of any content or information that you submitted to the Third-Party Sites. You are responsible for verifying all of the content and information available on Third-Party Sites before relying on it. The fact that we provide a link to a Third-Party Site does not necessarily mean that we endorse, authorize, or sponsor that Third-Party Site, nor that we are affiliated with the Third-Party Site.
b. Certain content or materials provided on the Site may be provided by third parties (collectively, “Third-Party Content”). We do not control any Third-Party Content. Any opinions, advice, statements, views, positions, services, offers, or other Third-Party Content expressed or made available on the Web Site are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or position. We take no responsibility and assume no liability for any Third- Party Content. You use or rely on Third-Party Content at your own risk.
7. Indemnification.
User agrees to release, indemnify, defend and hold harmless BHI USA, its officers, directors, employees, agents, licensors and suppliers (together, “BHI Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from: (i) User’s use of the Web Site and Content made available on the Web Site; and (ii) any violation of these Terms and Conditions or applicable law by User in connection with User’s use of the Web Site, including, but not limited to, any actual or alleged infringement by User or any person to whom User provides access to the Web Site of any intellectual property or privacy or other right of any third party, to the fullest extent permitted under applicable laws. If User is a California resident, User waives California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If User is a resident of another jurisdiction, User waives any comparable statute or doctrine.
8. Disclaimer of Warranties
THE WEB SITE AND CONTENT ACCESSIBLE FROM OR ON THIS WEB SITE (INCLUDING INFORMATION, SOFTWARE, ETC.), WHETHER PROVIDED BY BHI USA OR BY ANY THIRD PARTY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO BE USED ONLY FOR INFORMATIONAL PURPOSES. THE BHI PARTIES, EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE WEB SITE OR CONTENT, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOU AGREE THAT USE OF THE WEB SITE AND CONTENT IS AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR VERIFYING ALL OF THE CONTENT AVAILABLE ON THE WEB SITE BEFORE RELYING ON IT. ALTHOUGH BHI USA HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THIS WEB SITE AS A SERVICE TO ITS USERS, BHI USA AND ITS AFFILIATES, ASSUME NO RESPONSIBILITY FOR, AND MAKE NO REPRESENTATIONS WITH RESPECT TO, THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION. NONE OF THE BHI PARTIES MAKE ANY WARRANTY THAT THE CONTENTS OF THIS WEB SITE ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE WHICH HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE USER IS FULLY RESPONSIBLE FOR PROTECTING HIS/HER/ITS COMPUTER AND/OR SYSTEM FROM BEING INFECTED BY VIRUSES. THE BHI PARTIES ALSO MAKE NO WARRANTY TO YOU, EXPRESS OR IMPLIED, REGARDING THE SECURITY OF THE WEB SITE, INCLUDING WITH RESPECT TO THE ABILITY OF UNAUTHORIZED PERSONS TO INTERCEPT OR ACCESS INFORMATION TRANSMITTED BY YOU THROUGH THIS WEB SITE. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THAT THE WEB SITE AND CONTENT WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, CURRENT, COMPLETE, ERROR FREE OR FREE OF HARMFUL COMPONENTS.
9. Limitation of Liability
a. IN NO EVENT SHALL ANY BHI PARTY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHATSOEVER ARISING IN CONTRACT, TORT OR OTHER FROM THE USE OR INABILITY TO USE THE WEB SITE, FAULT OR MALFUNCTION IN THE SOFTWARE THAT OPERATES THIS WEB SITE OR THE ACCESS TO IT, LOSS OF PROFITS OR REVENUES OR COST OF REPLACEMENT GOODS, LOSS OF DATA, OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH ANY USE OF OR RELIANCE ON CONTENT, MATERIALS, OR LINKS (INCLUDING THIRD-PARTY SITES) MADE AVAILABLE ON OR THROUGH THE WEB SITE. BHI USA AND ITS AFFILIATES SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THE WEB SITE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN BHI USA AND YOU. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO $100.
b. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers in Section 8 and Section 9 may not be applicable to you to you to the extent prohibited by law. In such cases, the BHI Parties’ liability will be limited to the fullest extent permitted by applicable law.
10. No Solicitation
The information contained in this Web Site has been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means and BHI USA is not soliciting any action based upon it. Neither the information contained in this Web Site nor any Content accessible from it, constitutes or is to be construed as a recommendation, an offer to buy or sell or the solicitation of an offer to buy or sell, any security, future, option or other financial product or instrument. The Contents of the Web Site do not constitute advice and should not be relied upon in making, or refraining from making, any decision. Nothing in this Web Site or its information, or the Content accessible from or on it, is to be regarded as a substitute for personal and professional consultation which takes your personal investment situation or any other needs of any User into account. Certain transactions give rise to substantial risk and are not suitable for all investors. The information and services provided on this Web Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where BHI USA is not authorized to provide such information or services. Under no circumstances will your acceptance of these Terms and Conditions or use of the Web Site be deemed to create a fiduciary relationship between you and BHI USA.
11. Privacy.
BHI USA is committed to protecting and maintaining your privacy in accordance with applicable law. You agree that your use of the products and services on this Web Site may be monitored by BHI USA. You also agree that the characteristics of your use of this Web Site may be stored and analyzed by BHI USA for its own purposes in the normal course of its business, in accordance with our Privacy Policy. For information about how we treat information that you provide us through the Web Site, please see our Online Privacy Policy, (https://www.bhiusa.com/privacy-security).
12. Termination.
a. These Terms and Conditions will take effect when you first use the Web Site and will remain in effect until terminated according to these Terms and Conditions.
b. We have the right to terminate these Terms and Conditions, and suspend or revoke your access to all or any portion of the Web Site and Content, at any time for any reason. You may terminate these Terms and Conditions by discontinuing the use of the Web Site and Content.
c. Upon the expiration or termination of these Terms and Conditions, all rights granted to User under these Terms and Conditions will terminate and all terms that by their nature, are intended to survive the expiration or termination of these Terms and Conditions shall survive, including Sections 4.c, 4.d, 7, 8, 9, 10, 12.c, 13, 14, and 15.
13. Dispute Resolution and Choice of Law.
a. These Terms and Conditions shall be governed by and construed in accordance with the law of the State of New York applicable to agreements made and to be performed in New York, without regard to any conflicts of laws principles. For any action or proceeding arising out of or related to these Terms and Conditions or the Web Site, the parties hereby consent to the sole and exclusive jurisdiction of and venue in the state or federal court located in the County of New York, State of New York and the parties unconditionally waive their respective rights to a jury trial.
b. WE EACH AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS ARISING OUT OF USE OF THE WEB SITE OR THESE TERMS AND CONDITIONS SHALL BE A PERIOD OF ONE YEAR FROM USER’S LAST USE OF THE WEB SITE. WE EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTIONS ARISING OUT OF OR CONNECTED WITH THESE TERMS AND CONDITIONS OR THE WEB SITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
14. General Information.
In addition to these Terms and Conditions, there may be specific terms and conditions applicable to certain features or aspects of this Web Site which are part of an agreement requesting that service. If you are a customer of BHI USA and access certain members-only portions of the Web Site (the “Member Portal”), your use of the Web Site may be subject to other agreements. In the event of any conflict between these Terms and Conditions and any specific agreement between you and BHI USA, the terms and conditions of such specific agreement shall prevail.
15. Miscellaneous.
a. Electronic Communications Notice. User agrees that (i) these Terms and Conditions constitute an agreement signed by User under applicable law; and (ii) any notices or other communication regarding User’s use of the Site may be provided to User electronically (by posting on the Web Site, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution.
b. Relationship of the Parties. These Terms and Conditions do not create a partnership, joint venture or agency relationship between User and BHI USA or any of BHI USA’s affiliates. BHI USA and User are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
c. Entire Agreement. These Terms and Conditions, together with the Privacy Policy and any other terms applicable to the Member Portal, constitute the entire and exclusive agreement between us with respect to their subject matter, and govern the use of the Web Site, superseding any prior agreements or negotiations between BHI USA and the User with respect to that subject matter.
d. Assignment and Delegation. User may not assign or delegate any rights or obligations under these Terms and Conditions, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms and Conditions without notice to User.
e. Equitable Remedies. User acknowledges that if User violates or breaches these Terms and Conditions, it may cause irreparable harm to the BHI Parties. Accordingly, User agrees that, if User violates or breaches these Terms and Conditions, BHI USA shall have the right to seek injunctive relief against User in addition to any other legal remedies that BHI USA may have.
f. Notices. All notices will be in writing and will reference these Terms and Conditions . We may notify User using the information User provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. BHI USA accepts service of process at this address:
Attn: Legal Department
Address: 1120 Avenue of the Americas
New York, NY 10036
g. Waiver and Severability. If User does not comply with these Terms and Conditions, our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any right under these Terms and Conditions must be in a writing signed by the party purporting to waive such right. If a particular term in these Terms and Conditions is determined to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
h. Contact Us. To resolve a complaint regarding the Web Site, or to receive further information regarding the Web Site or Content, please contact us at:
Email: [CustomerCare@bhiusa.com]
Mail: 1120 Avenue of the Americas
New York, NY 10036