Terms of Use

 

  1. GENERAL

These terms of use (“Terms of Use“) set forth herein apply to and govern the use of the website owned and controlled by Eitan Medical and each of its entities Q Core Medical Ltd., Sorrel Medical Ltd. and Avoset Health Ltd. (“Eitan Medical“, “We”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

By using, accessing or browsing through this Website You signify Your acceptance of these Terms of Use. If You do not agree to these Terms of Use, please do not use, access or browse the Website.

Please note that Eitan Medical reserves the right, at its sole discretion, to revise, modify, change or remove portions or all or part of these Terms of Use, at any time. Please check periodically the Website to review such changes in the Terms of Use. As a Website User You are responsible for Your compliance with these Terms of Use and Your use of (including any browse through or access of) the Website, after such revised Terms of Use have been posted on the Website, shall constitute Your consent to the new or revised Terms of Use.

  1. 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].

  1. 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.

No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained at the Website. You agree and undertake not to infringe upon all the above 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.

By accepting these Terms of Use, and accessing the Website, You hereby acknowledge and agree that the Website maintains an internal event logs and data bases regarding the activities conducted in the Website and any specific details thereto and that Eitan Medical reserves the rights to use any such information and data at its complete sole discretion. For the avoidance of doubt, it is hereby clarified that any such event logs and data bases are also defined as “Materials”.

  1. USER INFORMATION

Username, password, password reset questions and answers and other access credentials (“User Information”) is provided for the Website Users for their sole access to the Website. You are solely responsible for keeping Your respective User Information secure and confidential and any matter regarding the usage of such User Information. Eitan Medical is not responsible for losses incurred by You as the result of Your misuse of passwords. Eitan Medical is not liable for any damages or losses caused by someone using Your passwords without Your permission. Use of Eitan Medical Websites is also subject to Eitan Medical’s Privacy Policy located at: https://eitanmedical.com/

  1. DISCLAIMER

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.

  1. 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.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold Eitan Medical and anyone on its behalf, including but not limited to, all of its shareholders, 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 Your breach of these Terms of Use.

  1. 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.

  1. 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.

  1. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS

Eitan Medical reserves the right to limit or revoke Your access to this Website in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms of Use.

  1. 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.

  1. 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.

  1. WAIVER AND SEVERABILITY

The failure of Eitan Medical to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. To the extent that any provision in these Terms of Use shall be found to be unenforceable, such provision shall be modified in such a manner so as to make these Terms of Use as modified, legal and enforceable under applicable laws and the balance of the provisions of these Terms of Use shall not be affected thereby.

  1. GENERAL

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel and submitted to the exclusive jurisdiction of the Tel Aviv, Israel Courts. If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between You and Eitan Medical with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. Eitan Medical may assign this Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by Eitan Medical of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

This Terms of Use was last modified on: January, 2021