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terms of use
Terms of use:
1. Acceptance of this Website's Terms of Use
1.1. You are required to carefully read the terms of use of the Med-1 IC-1 Website (hereinafter: "Terms", "Agreement" or "Terms of the Agreement").
Med-1 IC-1 (1999) Ltd. (hereinafter: "Med-1") makes this Website available for your use, and for the use of your employees, agents and contractors, and for the use of any other person or entity in whose name you (hereinafter jointly: "You") accept the Terms of the Agreement, in accordance with its provisions. This Agreement between You and Med-1 is entered into effect, and You accept its terms: (A) by using this Website in any manner; and / or (B) by confirming Your agreement to these Terms. If You do not agree to all the Terms of the Agreement, please refrain from using this Website.
1.2. This website (the "Website") includes the following, without restriction: (A) information such as technical and contractual information, as well as information that is related to products, services, plans, pricing and marketing or any other valuable information ("Information"); and (B) content such as data, text, programs, music, sounds, pictures, graphics, video, messages or other materials ("Content"). Med-1 operates and monitors the Website. If Your use of the Website was done on behalf of Your employer, You hereby present and commit that You possess the authority to accept these Terms on behalf of Your employer, and that Your employer agrees to indemnify You and Med-1 for any breach of these Terms.
2. Your undertakings and conduct
2.1 In exchange for Your use of the Website, You agree to the following: (a) to deliver exact, current and complete information about You in the event that You use the registration form on the Website (the "Registration Data"); (b) to guard the security of Your password and identification; (c) to accept all the risks arising from unauthorized access to the Information and Registration Data. You are the solely responsible party for ensuring adequate protection, and backup of data and / or equipment used in connection to the Website.
2.2. You are the solely responsible party for any Content You may upload, publish or broadcast by other means through the Website. You hereby agree not to upload, publish or otherwise broadcast the following materials through the Website: (a) misleading or harmful content, or content that is profane, pornographic, defamatory, racist, violent, insulting, or harassing in nature, or content which may disturb Med-1 or other users of the Website; (b) content which includes unauthorized disclosure of personal information; (c) content which harms or violates intellectual property rights belonging to any person or entity; or (d) content that contains viruses, or any computer code, files or other programs which were designed to disrupt, destroy or restrict the functioning of any software, hardware or communication equipment. Med-1 reserves the right to edit or remove any Content which violates these Terms, or which contains third party commercial advertisements.
2.3. You hereby agree not to use the Website in order to: (a) distribute spam e-mail, bulk e-mail, or uninvited communications; (b) impersonate Med-1 or any other entity, or spoof Med-1 or any other entity; (c) create fake headings or cause deception using identifiers (including URL addresses) in an attempt to conceal the source of the content broadcast through the Services; (d) present misleading information regarding Your involvement with any person or entity; (e) disrupt the normal flow of communication on the network, or cause harm in any way to the ability of other users to make use of the Website; (f) deal in any activity which constitutes breach of a trust relationship or violation of local, state, national or international laws, or any valid regulation issuing from the law, including without limiting, attempts to harm the security of any accounts or site on the network, operation of lotteries or illegal gambling activities, or tracking or threatening of harm to anyone; or to (g) gather or store personal data regarding other users, unless those users granted You explicit permission to do so.
3. Confidentiality of the Information Belonging to Med-1
3.1. It is possible that You may gain, through use of the Website, access to certain confidential information belonging to Med-1 and its suppliers, including, without limiting, information of a technical or contractual nature, or information about products, plans, pricing, marketing and other highly valuable information whose confidential character is reasonably evident ("Confidential Information"). You are required to strictly preserve the confidentiality of the Confidential Information. The Confidential Information will remain the property of Med-1 and its suppliers.
3.2. Your undertaking with regards to the Confidential Information will expire five (5) years from the date of its exposure to You. Upon termination of this Agreement, or following written request sent by Med-1, You will be required to discontinue Your use of the Confidential Information, and to return or destroy it.
4. Content delivered to Med-1
4.1. Med-1 does not claim ownership of any content You may publish on the Website, and it will not bear any responsibility whatsoever towards such content. Unless otherwise specified in this Agreement or in the privacy policy of Med-1, any content You deliver with regards to this Website will be considered as content delivered without a claim to confidentiality. Med-1 will be free to use this content, or to distribute it unrestrictedly, for any purpose, and You hereby grant Med-1 and all other users of the Website irrevocable, worldwide, inexclusive license to use, reproduce, modify, distribute, broadcast, present, perform, adjust, retrieve, sell and publish this Content (including by digital means). You hereby present and undertake that You have the appropriate worldwide permissions to process and deliver the information You have provided on the Website throughout the world, to Med-1, its affiliate companies, and third party suppliers.
4.2. Med-1 does not perform routine monitoring of the content, however, Med-1 and its representatives reserve the right to monitor, limit access to, edit or remove any content which may be accessible through the Website.
5. Indemnification
You hereby agree to indemnify Med-1 and refrain from causing any harm to Med-1, its shareholders, its company officers, managers, agents, authorized parties, suppliers, associates, other partners, employees and representatives, due to any suit or claim, including reasonable legal fees, which may be raised by any third party due to or as a result of Your Content, or from Your use of or connection to the Website (including any use You may perform on behalf of Your employer), from Your breach of the Terms of the Agreement, or resulting from Your breach of the rights of any other person or entity.
6. Notifications; Modification and Termination of Services; Amendment of the Terms of the Agreement
Med-1 will have the right to deliver notifications to You by e-mail, regular mail, or by publication of announcements or links to announcements on the Website. Med-1 reserves the right to modify, suspend or terminate the services (or any part thereof) at any time, and / or Your use of the services or Your access thereto, after providing notice thereof, or without providing notice thereof. In addition, Med-1 will have the right to revoke or block Your access or use of the Information and related files. Med-1 will not bear any liability towards You or towards any third party due to any change, suspension or termination of the services, or due to the Content or any loss of related information. Med-1 will have the right to amend the Terms of the Agreement at any time by publishing the amended Terms on this Website.
7. Advertisements and Sales Promotion
Med-1 displays advertisements and related material for the promotion of third party sales. Your correspondence, commercial relationships or participation in the sales promotions of advertisers other than Med-1 which are displayed on or through the Website, including payment and supply of any goods or services in relation thereto, and all provisions, other terms, undertakings or presentations related to these transactions, will be in effect only within the framework of the relationship between You and the aforementioned advertisers. Med-1 will bear no responsibility whatsoever for any liability or debt resulting from any loss or damage of any kind which may be caused as a result of these transactions, or as a result of the inclusion of advertisers other than Med-1 on the Website.
8. Content provided through hyperlinks
8.1. This Website may include hyperlinks to Websites or other resources. You hereby confirm and agree that Med-1 will not be responsible for the availability of external websites or resources, and that Med-1 has not approved, and therefore will not be responsible for, any debt whatsoever which may arise due to any content, advertisement, product or other material found on these websites or resources, or which are made available through them. Med-1 will not be responsible, and will not bear any liability, either directly or indirectly, for any damage or loss which may be effectively caused, or may be claimed to have been caused, as a result of or with regards to the use of or reliance upon any content, goods or services available on or through any of the aforementioned websites or resources.
8.2. The content of any content provider which may appear on the Website of Med-1 is the intellectual property of that provider, unless explicitly noted otherwise. Any copying, republication or redistribution of the content provided by those suppliers, if any, including by means of caching, framing, or other similar means, are strictly prohibited without obtaining the advance written consent of the provider. The content providers will not bear any responsibility for errors in the content, or for delays, or for any action taken with reliance upon this information.
9. Intellectual property rights
9.1. You hereby agree that, without the express authorization of Med-1 or content providers, You will not reproduce, modify, rent, lease, lend, sell, distribute, cache, frame, republish, download, broadcast or create works derived from the content of others, in whole or in part, in any manner whatsoever. No modification, re-editing or any reverse engineering works may be done on any program which Med-1 may reveal to You, and removal or modification may not be performed on copyright notices, trademark notices or other notices of ownership.
9.2. The "Trademarks of Med-1" include all names, markings, brands, symbols, samples, commercial packaging, catch-phrases and other distinctive characteristics used by Med-1 with regards to its products and services. You may not remove or modify the Trademarks of Med-1, or mark Your products or materials using the Trademarks of Med-1, without the advance written permission of Med-1. You hereby confirm the rights held by Med-1 for its Trademarks, and agree that any use You may make of the Trademarks of Med-1 will be for the exclusive benefit of Med-1. You agree not to incorporate the Trademarks of Med-1 into any trademarks, service marks, company names, Internet addresses, or any other similar marks which are intended for the use of or related to any of Your products, services or computer or Internet technologies.
9.3. Except as otherwise explicit noted, the Terms of this Agreement will not be interpreted as granting any license whatsoever to intellectual property rights, including through lack of response, by inference or in any other manner. This Agreement grants permission to present, copy, distribute or download Content belonging to Med-1 on the condition that: (a) the copyright notices relating to the Content remain in place, and a permission notice is added to the Content (such as "used with permission"); (b) the use of the Content is done for personal and non-commercial reasons only; (c) the Content is not copied or displayed on a computer connected to a network, and not published by any means other than those explicitly permitted in a valid authorization or license covering these materials; and (d) the Content is not modified in any way. This authorization will automatically expire without announcement in the event of Your breach of any of the terms and provisions of this Agreement. In the event that this authorization expires, You will be required to immediately destroy any Content downloaded and / or printed by You.
10. Waiver of Liability
10.1. Your use of the Website is done at Your sole risk, unless explicitly noted otherwise. The Website, including the Information, Services and Content (as defined in Section 1.2), is presented to You "as is", "as available", and "including any errors". Med-1 hereby absolves itself of any term, presentation or guarantee, whether explicit or implicit, of any kind, including any guarantee or implicit term regarding tradability, suitability for a certain purpose or non-violation. Med-1 makes no presentation, guarantee or liability regarding the usefulness, quality, suitability, truth, accuracy or completeness of the Website.
10.2. Med-1 does makes not any presentation or guarantee that: (a) the Website will operate uninterruptedly, will be available at all times, or will be secure or free of errors; (b) the results obtainable from the use of the Website will be accurate or reliable; (c) the quality of any product, service, content, information or other material which may be acquired or obtained through the Website will meet Your expectations or requirements; or (d) any error in the Website will be corrected.
10.3. You hereby accept all risks for any damages which may be caused to Your computer system or for the loss of data as a result of obtaining Content from the Website, including any damages resulting from computer viruses.
11. Limitation of Liability
11.1. To the maximum degree permissible by law, Med-1 will bear no liability for any damages, whether direct or indirect, incidental or consequential, or for any punitive, special or example damage repayments (including, without limiting, the loss of business, income, revenue or reputation, use, data, electronically broadcast invitations or other economic benefits) resulting from the Website, or with regards thereto, including if Med-1 was notified in advance, and including if Med-1 could have reasonably predicted in advance the possibility of such damages, regardless of the manner in which they were caused, whether as a result of a breach of contract or damages (including negligence), and including without restricting, damages resulting from: (a) any use or inability to use the Website; (b) the purchasing cost of alternative goods or services incurred as a result of the purchasing or obtaining of goods, data, information or services, or as a result of notices received or transactions made on or through the Website; (c) any declaration or action made by any third party on the Website, including, without limiting, unauthorized access or modification of broadcasts or data, malicious or criminal behavior, or fraudulent or deceptive transactions; or (d) any content or information which You have the option to download, make use of, modify or distribute.
11.2. In the event that a given area of jurisdiction prohibits limitations on liability for direct, indirect, incidental or consequential damages, certain parts of the limitations or exceptions on liability specified above will not apply.
12. General Terms
12.1. This Agreement constitutes the entire agreement between You and Med-1 on this matter, and cancels and supersedes any prior version of the Agreement. Any modification made to this Agreement will not be binding unless prepared in writing and signed by an authorized representative of Med-1. You are prohibited from assigning or transferring the agreement or any right granted herein. You may be subject to additional terms and conditions in the event that You use the products or services provided by Med-1 or by third parties.
12.2. You hereby agree that any material breach of the Terms of this Agreement will cause Med-1 damage that cannot be sufficiently remedied by monetary compensation, and therefore, in addition to the rights and reliefs available to Med-1 by force of the law, Med-1 will also be entitled to equitable relief, including a pre-emptive and fixed injunction, in the event of said breach. You hereby waive any demand for deposit of guarantee or other securities in the event that Med-1 requests an injunction as above.
12.3. The rights and undertakings specified in this Agreement, whose validity is by nature intended to continue after termination of the Agreement, will remain in full effect, including after termination or expiration of the Agreement.
12.4. This Website may include predictive expressions or declarations, as defined in the Private Securities Litigation Reform Act of 1995. These predictive expressions and declarations may refer to market predictions and opportunities, financial forecasts, forecasts relating to research and development and strategies, declarations regarding the future plans of Med-1, increases in market share, development of products and services and plans for penetrating them into the market, and regarding our ongoing assessment of the competitiveness of the products and services offered by us. These predictive expressions and declarations are forecasts only, and include inherent risks and uncertainty. Actual results may different significantly from the results mentioned in predictions. Factors which may cause these differences include risks relating to changes for the worse in general economic conditions, failure to reduce costs, failure to realize forecasts for technological development, failure to meet timetables for developing products, producing products and new services, and penetrating them into the market, and the ability of Med-1 to compete in a quickly changing, competitive market.
12.5. Any explicit waiver or non-action regarding the speedy realization of any right included in the Terms of the Agreement will not be inferred as having created an ongoing waiver or expectation for non-enforcement. In the event that any of the Terms of this Agreement are rendered invalid by force of law or by any regulation issued by any government, or in the event that an arbitrator or court issues a rule to such effect, the parties agree to replace this provision with a new provision which will embody the original business intention, and the remaining Terms of the Agreement will remain in their full force and effect.
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