- WARRANTS, REPRESENTATIONS AND UNDERTAKINGS OF USER
You hereby undertake to use the Website solely for the purpose to which it was intended under and subject to the terms and conditions provided herein. You hereby undertake to be fully responsible for any information provided and/or uploaded by you and/or any material derived by the information provided by You while using the Website.
You hereby undertake not to provide and/or disclose any Individually Identifiable Health Information (as defined below) of the end-users (patients) of Eitan Medical’s products. You will be fully responsible for any discloser to us and/or any third party of such Individually Identifiable Health Information which You have provided and/or uploaded to the Website, also by act of negligence, willful misconduct or otherwise.
“Individually Identifiable Health Information” shall mean any information, including demographic information collected from an individual, that: (a) is created or received by a health care provider, health plan, employer, or health care clearinghouse; and (b) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and – (i) identifies the individual; or (ii) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual [Section 1171, Article 6 of the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996].
- RESTRICTIONS ON USE OF CONTENT AND MATERIALS
All information, product information, content and/or material uploaded, produced, provided, contained, updated and/or available to or on the Website and any derivative thereof (“Materials”) are and shall remain the property of Eitan Medical, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights.
Without limiting any of the foregoing, except as explicitly permitted under the Website activities, You may not copy, reproduce, republish, download, upload, link, post, transmit, or otherwise distribute, the Materials or any part thereof.
Modification of the Materials or use of the Materials for any other purpose, including without limitations the use of Materials on any other Website or networked computer environment is strictly prohibited, and be deemed a violation of Eitan Medical’s copyright and other proprietary (including intellectual property) rights.
- USER INFORMATION
THE MATERIALS AND CONTENT IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EITAN MEDICAL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
EITAN MEDICAL DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED IN THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE AND/OR ACCURATE, OR THAT THIS WEBSITE OR THE SERVER(S) THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EITAN MEDICAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE MATERIALS.
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
UNDER NO CIRCUMSTANCES WHATSOEVER WILL EITAN MEDICAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER PERSON AND/OR ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEBSITE, OR RELIANCE ON ANY OF THE MATERIALS OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY EITAN MEDICAL.
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.
NOTHING HEREIN, NOR THE USE OR MISUSE OF THE WEBSITE BY THE WEBSITE USERS, WILL IMPOSE ON EITAN MEDICAL ANY DIRECT AND/OR INDIRECT, EXPRESS OR IMPLIED, LIABILITY FOR THE PERFORMANCE OF THE REPAIR SERVICES BY THE SERVICE PROVIDER.
- THIRD PARTY’S CONTENT
To the extent that the Website contain links or any other information to outside services and resources, Eitan Medical 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 such particular service or resource provider.
Some of the Materials on this Website may be provided by third parties. Any such other information expressed or made available by such third parties, is those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Eitan Medical.
- NO ENDORSEMENT
No reference made in this Website to any specific commercial product, process, or service (or provider of such product, process or service) other than such products, processes, or services of Eitan Medical, constitute or imply an endorsement, recommendation or favoring by Eitan Medical.
- RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
- CONFIDENTIAL INFORMATION
You agree to hold any Confidential Information (as defined below) You obtain as a result of using this site in confidence and, unless required by law, not to make the Confidential Information available to any third party or to use the Confidential Information for any purpose other than the business activities for which You were given access to the Confidential Information. You agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by You in violation of the terms of this Agreement. For purposes of this Agreement, “Confidential Information” means any and all proprietary information labeled as “confidential” or which a reasonable person would know constitutes proprietary information, including but not limited to, customer lists and other customer information, descriptions of manufacturing processes, instruction and guidelines related to Eitan Medical’s products, and product development and marketing plans. Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or Eitan Medical’s written request, You must cease use of Confidential Information and return or destroy all Confidential Information in Your possession or control.
- TERMINATION AND ACCOUNTABILITY
Eitan Medical may, at its sole discretion, suspend or terminate Your account and refuse You any current or future use of the Website. Eitan Medical may remove any Materials posted on the Website at Eitan Medical’s sole discretion. Eitan Medical shall not be liable to You or any third party for any termination or change to the Website and/or the Materials.
- WAIVER AND SEVERABILITY