- ACCEPTANCE OF TERMS
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Site. You should check our Site periodically and review changes to the Terms at the following URL: http://www.valtechcardio.com/legal/. By continuing to use the Site following such modifications, you agree to be bound by such modifications. If you do not agree to the provisions of these Terms, your only remedy is to discontinue your use of the Site.
- LIMITED LICENSE TO ACCESS THE SITE
Subject to the terms and conditions set forth herein, Valtech hereby grants to you, and you hereby accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the Site, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.
- LIMITATIONS ON USE
You represent that you are at least 18 years old. You undertake to use the Site solely for your own personal use and for no other purpose whatsoever. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Site and/or the Valtech IPR (as defined below); (iii) refer to the Site by use of framing and/or deep-linking; (iv) make use of the Site in any jurisdiction where same are illegal or which would subject Valtech or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Site for any illegal, harmful or offensive use; (vi) access the Site through or use with the Site any unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of this Site; (vii) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Site and/or any other software available on the Site or create derivative works thereof; (viii) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Site; (ix) interfere with the ability of others to enjoy using the Site, including, without limitation, by disrupting, overburdening or aiding the disruption or overburdening of the servers of the Site, or taking actions that interfere with or materially increase the cost to provide the Site for the enjoyment of all its users.
You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Site.
- OWNERSHIP OF PROPRIETARY RIGHTS
The Site, including without limitation any and all underlying data, software, platforms, algorithms, technology, application and website design, any information, services, texts, files, sound, music, videos, various applications, organization, structure, specifications, trademarks, “look and feel” and features and any modifications, enhancements and derivatives thereof and all Intellectual Property Rights related thereto (“Valtech IPR“) are the property of Valtech and/or its respective affiliates or licensors which retain all right, title and interest in connection therewith. No transfer or grant of any rights by Valtech is made or is to be implied by any provision of these Terms or by any other provision contained in the website with respect to the Valtech IPR or otherwise. You may use the website only for personal and non-commercial use. “Intellectual Property Rights” means worldwide (a) rights associated with works of authorship, designs and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) patents, patent applications and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
YOU AGREE THAT YOUR USE OF THE SITE AND/OR THE VALTECH IPR SHALL BE AT YOUR SOLE RISK. THE SITE, INCLUDING, WITHOUT LIMITATION, VALTECH IPR ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VALTECH AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
VALTECH DOES NOT WARRANT THAT THE VALTECH IPR AND/OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
VALTECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE VALTECH IPR OR THE SITE IN TERMS OF THEIR CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SITE AND/OR ANY OF THE VALTECH IPR.
NOTHING ON THIS SITE SHALL BE DEEMED AS ADVICE, MEDICAL, BUSINESS OR OTHERWISE. THE MATERIALS AND CONTENT ON THE WEBSITE ARE FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR INVESTMENT IN VALTECH OR ANY OF ITS AFFILIATES AND/OR FOR MEDICAL PURPOSES. FOR MEDICAL ADVICE PLEASE CONTACT YOUR DOCTOR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL VALTECH AND/OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER, TO YOUR USE OF THE SITE AND/OR THE VALTECH IPR, OR RELIANCE ON THE SITE AND/OR ANY PART THEREOF THE VALTECH IPR, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY VALTECH.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
You agree to defend, indemnify and hold Valtech and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, agents, licensors and suppliers harmless from and against any and all losses, expenses, liabilities, costs, claims, demands, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) your use of the Site; (ii) any breach of these Terms.
- THIRD PARTY’S CONTENT
Some of the content and materials available through the Site may be provided by third parties. No reference made in the Site to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of Valtech, constitute or imply an endorsement, recommendation or favoring by Valtech.
We may terminate these Terms and/or suspend your right to access or use any portion of the Site and/or Valtech IPR immediately (including, without limitation, the license set forth in Section 2 above), at our sole discretion and without notice. Upon termination, you shall immediately cease using the Site and/or the Valtech IPR and the following Sections shall survive: 1, 3-11.
(i) These Terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel-Aviv. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) You acknowledge and agree that Valtech has the right, at any time and for any reason, to redesign or modify the Valtech IPR and other elements of the Site or any part thereof; (iv) this is the entire agreement between you and Valtech regarding the subject matter herein; (v) Valtech may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Valtech. Any unauthorized assignment will be void and of no force or effect; (vi) nothing in these Terms shall be considered as granting any rights to third parties towards Valtech; (vii) the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) any cause of action arising out of or related to the service must commence by you within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: email@example.com.
Last updated August 18, 2015