ATTACHMENT 1 – TERMS OF USE

Last updated:  June 8th, 2016

General

The Terms of Use  set forth herein (“Terms of Use”) apply to the www.INSIGHTEC.com website, and to other websites owned, operated, licensed or controlled by INSIGHTEC® Ltd. (“INSIGHTEC”) or its subsidiaries and/or affiliates (“Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this Site, and/or by accessing this Site (including, without limitation, by linking to this Site), its content, and information derived from the Site, including but not limited to any new features, enhancements or updates, you acknowledge that you have read and understood these Terms of Use including the terms of the Privacy Policy, which is hereby incorporated into these Terms of Use (collectively, the “Terms”) and you agree to be bound by them, as they may be amended from time to time, and to comply with all applicable laws and regulations regarding the use of this Site.  You are responsible for periodically reviewing the Terms for applicable changes.  Your use of the Site after posting by INSIGHTEC of any changes to these Terms constitutes your acceptance of those changes.

If you do not agree to these Terms of Use, your sole and exclusive remedy is to not use the Site.

INSIGHTEC may terminate, change, suspend or discontinue any aspect of the Site at any time.  INSIGHTEC may remove, modify, or otherwise change any content, including that of third parties, on or from this Site.  INSIGHTEC may impose limits on certain features and services or restrict your access to the Site without notice or liability.  INSIGHTEC may terminate your use of the Site at any time in its sole discretion.  These Terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with INSIGHTEC.  You acknowledge and understand that the information and materials presented on this Site should be used for general informational purposes only and not for medical or operational planning or other purposes.  

Any questions or requests for further information regarding this Site and/or the Terms should be addressed to:

Corporate Headquarters

INSIGHTEC Ltd.

5 Nahum Heth St.

Tirat Carmel 39120, Israel

Tel: +972-4-813 1313

Fax: +972-4-813 1322

Email: info@INSIGHTEC.com

For information on use of INSIGHTEC social media channels, please see our Social Media Terms of Use.

Communications On and Through the Site

You agree that communications that you transmit through the Site or copyrighted works you post on the Site are non-confidential and upon transmission of such information you grant to INSIGHTEC and all other persons or entities involved in the operation of the Site a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty free right to copy, prepare derivative works of, improve, transmit, monitor, retrieve, store, publish, remove, analyze, commercialize and use in any manner INSIGHTEC chooses all content you upload or otherwise transmit to this Site subject to these Terms without any further consent, notice and/or compensation to you or any third parties.  Any information you submit is at your own risk of loss.

If you are a copyright owner or an agent thereof and believe the Site contains any content that infringes upon your copyright, please contact INSIGHTEC’s Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact INSIGHTEC’s Copyright Agent, please include COPYRIGHT NOTICE in the subject line and email to:

info@insightec.com

Proprietary Rights; Restrictions on Use of Materials

The content and materials of this Site (including, but not limited to: software (whether in source code or object code), text, displays, images, illustrations, designs, icons, photographs, graphics, video clips, audio, personal data and information, business and technical data and information, guides, manuals, specifications, presentations, scripts, interface functionality trademarks, service marks, logos, flash and Macromedia movies, written and other materials) (collectively, “Intellectual Property”), whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws of the United States, Israel and other countries (“Intellectual Property Laws”) are proprietary to INSIGHTEC or third parties.  All rights are reserved.

This website may contain claims relating to commercial products; all such claims are supported by clear references to scientific research results and/or published articles.

The selection, arrangement, compilation and presentation of all materials (including information in the public domain), and the overall design of Site are the exclusive property of INSIGHTEC and protected by Intellectual Property Laws. Permission is granted to view and print materials from the Site for the non-commercial purpose of viewing, reading and retaining for reference.  Any other reproduction, distribution, public performance, including but not limited to the use of any such material on any other web site or networked computer environment or public display of these materials, in whole or in part, is prohibited without the express prior written permission that can be requested by sending a fax or email to INSIGHTEC to the attention of the Marketing Department.

INSIGHTEC has used reasonable efforts in collecting, preparing and providing quality content and material, but does not warrant or guarantee the accuracy, completeness, adequacy or correctness of the information contained in or linked to this Site.  Users of content from this Site or links do so at their own risk.

Any reference made by this Site or any other INSIGHTEC Site(s) to any specific commercial product, process, or service (or provider of such product, process or service) other than of INSIGHTEC, by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by INSIGHTEC.  Content on this Site may be provided by third parties, including but not limited to INSIGHTEC’s affiliates, licensors and users.  Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of INSIGHTEC.

User Conduct - General

In using the Site, you agree:  (i) not to copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any portion of this Site or the information which this Site contains in any way; (ii) not to create a browser or border environment, or GUI around the Site (e.g. no "frames" are allowed); (iii) not to interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the materials available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (iv) not to interfere with or violate users' right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine information; (v) not to impersonate any person or entity or provide false personal information or business information, for the purpose of receiving the materials provided in this site or gaining unlawful access to it; (vi) not to falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with INSIGHTEC, or express or imply that INSIGHTEC endorses or is in any way affiliated with you, your website, your business or any statement you make, or present false information about this Site; (vii) not to transmit or otherwise make available in connection with the materials or content on this Site, any virus, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) not to create a database by systematically copying and storing all or any of INSIGHTEC’s Intellectual Property (as defined above); (ix) not to use this Site to seek, provide or obtain specific medical advice, medical opinions, diagnosis or treatment as applied to a patient’s particular condition or situation; and (x) not to use this Site for any illegal, immoral or unauthorized purpose.

User Conduct – Interactive Areas

The Site contains areas where you may post and share comments with other Site users on a variety of subjects.  You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, tortious, abusive, offensive, threatening or obscene communications or materials of any kind, or materials that infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or other violation of laws; or that are otherwise objectionable, including, without limitation, content that evidences bigotry, racism, sexism, or hatred or that promotes illegal activity including, without limitation, unauthorized uses of medical devices. INSIGHTEC reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you.  You agree to hold harmless INSIGHTEC and its affiliates and parties with whom INSIGHTEC has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.

You expressly agree that you will not discuss or refer to any particular patient any particular patient’s medical condition or any information that could identify a particular patient.  You further expressly agree that you will not discuss, endorse or refer to “off label” uses of medical products, including any uses that have not been approved by the US FDA or other applicable regulatory authority. 

User's Representations and Warranties

As a condition for your use of the Site, you hereby represent and warrant that (i) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder; (ii) the execution of these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; (iii) you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; (iv) you will provide true and accurate information and will not impersonate or provide a false identity; (v) you will not infringe any right of any third party, including intellectual property rights, privacy rights and publicity rights; and (vii) you will not harm any user and will not use the Site and materials presented therein for any illegal, immoral or unauthorized purposes.

Linking to the Site

Unless you have a written agreement in effect with INSIGHTEC which states otherwise, you may only provide a hypertext link to the Site on another web site, provided that:  (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with INSIGHTEC's name and Trademarks; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by INSIGHTEC; (c) the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking web site, and (d) INSIGHTEC reserves the right to revoke its consent to the link at any time in its sole discretion.

Search & Outside Links

INSIGHTEC does not and cannot guarantee that your search results will be complete or accurate or that links associated with results will be accurate or active at the time of your search.

INSIGHTEC is not responsible, and provides no warranty for the accuracy, effectiveness, timeliness or suitability of any information or content obtained from third parties, including any hyperlinks to other third-party sites.

To the extent that this Site, or searches performed through the Site, contains links to outside services and resources, INSIGHTEC does not control the availability and content of those outside services and resources.  Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.  INSIGHTEC assumes no responsibility and shall not be held liable in any sort of way for the content of any site referred to by any of its sections and is not responsible for any errors or omissions contained in such sites, or the integrity or quality of such content or any offensive or otherwise objectionable content contained in such sites.  INSIGHTEC is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by INSIGHTEC of any linked site.  INSIGHTEC's publication of information regarding third-party products or services does not constitute an endorsement regarding the suitability of such products or services or a warranty, representation or endorsement of such products or services, either alone or in combination with any of INSIGHTEC's materials.  INSIGHTEC reserves the right to terminate any link at any time.  You further acknowledge and agree that INSIGHTEC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.

Our privacy statement

It is our policy to respect the privacy of all guests.  Therefore, subject to the terms of the Site's Privacy Policy, in general, we will not monitor, edit, or disclose the contents of a user's information unless required in the course of normal maintenance of this Site or any other INSIGHTEC Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to:  (1) comply with the law or comply with legal process served on INSIGHTEC or a related entity; (2) protect and defend the legitimate business interests, rights or property of the Site, its users or affiliates; or (3) act in an emergency to protect the personal safety of our Users or the public.  Users shall remain solely responsible for the content of their messages.

Disclaimers

Although we strive to provide on this Site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness or suitability of any information contained in the Site.  Each person assumes full responsibility and all risks arising from the use of the Site.

The MATERIALS AND THE CONTENTS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING FOR SUCCESSFUL OR PROPER INSTALLATION, AND MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.  INSIGHTEC DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.  NOR DOES INSIGHTEC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE. 

THE INFORMATION POSTED HERE BY INSIGHTEC OR ITS LICENSORS OR ANY THIRD PARTY OR ANY OF THESE ENTITIES’ OFFICERS, EMPLOYEES, DIRECTORS, OR AGENTS SHOULD NOT BE CONSIDERED MEDICAL ADVICE, AND IS NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED PHYSICIAN. INSIGHTEC OR ITS LICENSOR DOES NOT ANSWER SPECIFIC MEDICAL QUESTIONS OR REFER PEOPLE TO A PARTICULAR MEDICAL PROFESSIONAL.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.Limitation of LiabilityIN NO EVENT SHALL INSIGHTEC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF OR INABILITY TO USE THIS SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, EVEN IF INSIGHTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.  YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT OR DATA ON THIS SITE.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

Indemnification

You agree to defend, indemnify and hold INSIGHTEC, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, 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 including for successful or proper installation; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, property right, privacy right or publicity right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site or the Site material or content.  This defense and indemnification obligation will survive these Terms.

Termination

These Terms are effective until terminated or modified by INSIGHTEC.  We reserve the right to terminate a user's access to any or all sections of the Site, upon any reason, including, but not limited to any breach of these Term or in the event of Site corruption or other technical difficulties.  You may terminate these Terms at any time by destroying all materials obtained from this Site and all related documentation and all copies thereof, whether made under these Terms or otherwise.  Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the Terms or otherwise.

Miscellaneous

You agree that these Terms describe the entire agreement between you and INSIGHTEC with respect to its subject matter.  These Terms shall be governed in all aspects by and interpreted exclusively in accordance with the laws of Israel. You agree that all disputes and differences shall be determined in a court of competent jurisdiction within Israel.  This website respects the legal requirements, including those concerning medical and personal information privacy, in accordance with the laws of Israel.

If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

INSIGHTEC may assign this Agreement, in whole or in part, in our sole discretion.  The user may not assign its rights under this Agreement without INSIGHTEC's prior written permission.  Any attempt by the user to assign your rights under this Agreement without INSIGHTEC's permission shall be void.  The waiver by INSIGHTEC of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to INSIGHTEC.com or these Terms more than one (1) year after such claim or cause of action arose.

This website does not accept or host any advertisement. 

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