Terms of use

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Terms of use

Last updated: April 10, 2018

Ibex Medical Analytics Ltd. (“we”) welcomes you or the entity on whose behalf you are agreeing to these Site Terms (“you”) to our website (our “Site”). We provide our Site to you subject to the following terms of use, which hereby incorporate by reference the terms of our Privacy Policy which can be found at [LINK TO PRIVACY POLICY PAGE] (“Privacy Policy” and, together, “Site Terms”). By visiting our Site, you accept the Site Terms. If you do not agree to the Site Terms, please do not use our Site. If you are accepting on behalf of a corporation or other business entity, you represent and warrant that you have full legal authority to bind such corporation or business entity to the Site Terms.

1. Ownership

Our Site, including its past, present and future versions; all pages found within our Site; the material and information on our Site; all graphics, text, images, audio, videos, designs, compilation, user interfaces, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on our Site (“Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not, are owned, controlled or licensed by or to us, and are protected by intellectual property laws, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using our Site or the Content, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any specific notices contained on our Site.

You may not use our Site or the Content for any purpose or in any manner that infringes the rights of any third parties. We encourage you to report any content on our Site that you believe infringes your copyright. If you would like to submit a copyright infringement complaint, please send an email to info@ibex-ai.com.

2. Trademarks

Graphics, logos, page headers, button icons, scripts, and service names are our trademarks. Except for the link logos as provided by us, you may not use our corporate logo or any other brand feature to link to our Site or otherwise without our prior written permission.

3. Access to and Use of our Site

Subject to your full compliance with the Site Terms and all applicable laws, rules and regulations, you are granted a limited license to access and make personal use of our Site and to display on your computer, print and download the Content on our Site solely for your own personal, non-commercial use. You must retain copyright and other notices on any copies of the Content you make. Our Site and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way for any commercial purpose, without our express prior written authorization. Unauthorized use of our Site or the Content contained on or available through our Site or any linked websites may violate applicable intellectual property laws or other laws. Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, create derivative works, reverse engineer, decompile any code, script, or software forming our Site, alter or enhance the Content in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission. This license terminates automatically and without notice if you violate any of the Site Terms. Upon termination, you must destroy any downloaded or printed materials obtained from our Site. No other use of the Content is authorized and we reserve all other rights not expressly granted by this license.

4. Prohibited Uses of the Site

You are specifically prohibited from using our Site or any Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any laws, regulations or rules; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Site, other websites, or the Internet. We reserve the right to terminate your use of our Site for violating any of the prohibited uses or otherwise breaching the Site Terms.

5. Communications

We appreciate hearing from you. You may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information (“Communication”) provided that the Communication is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You acknowledge and agree that any Communication will be treated as non-proprietary and non-confidential material, and that we are free to use or disseminate such contributed content on an unrestricted basis for any purpose. You grant us an irrevocable, worldwide, perpetual, royalty-free and fully sub-licensable license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Communication in any form and media now known or which will become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.

You should always use caution when submitting personal identifiable information about yourself or third parties. You represent and warrant that you own or otherwise control all of the rights to each Communication that you post; that the Communication is accurate; that use of the Communication you supply does not violate the Site Terms and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from Communication you supply. We have the right but not the obligation to monitor and edit or remove any activity or Communication. We take no responsibility and assume no liability for any Communication posted by you or any third party.

6. Unsolicited Email Policy

The presence of email addresses on our Site is not an invitation for unsolicited commercial email. The use of spiders, robots, and other technologies to collect email addresses from our Site is prohibited. Senders of email are expected to abide by all applicable laws.

7. Links to Third Party Websites and Links to Our Site

Our Site may contain links and references to third parties websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave our Site and access Linked Websites, you do so at your own risk and we will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Websites. We have not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on our Site does not apply our approval or endorsement of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain our logo, are independent websites, and we do not control the content on that Linked Websites. Additionally, we are not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from us, by way of reference or link provided on our Site.

We greatly appreciate your efforts in letting your clients know about us. Without derogating from Section ‎3 above, you may link to our Site by using a text link and linking to our Site homepage or any other webpage or content within our Site; provided that the link you create and the pages that are activated by the link do not: (i) duplicate our Site or Content; (ii) frame or create any other border around the Content or any pages on our Site or use other techniques that alter in any way the visual presentation or appearance of any Content within our Site; (iii) misrepresent your relationship with us or otherwise create a false affiliation, connection or association with us; (iv) imply that we approve or endorse you, your website, or your services or product offerings; (v) present false or misleading impression about us or otherwise damage the goodwill associated with our name or trademarks; (vi) use our trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vii) utilize our name, trademarks, service marks, colors, logos or any other brand features of us, nor your relationship with us for purposes of or in any manner which intentionally gives rise to advertising or publicity without our prior written permission. As a further condition to being permitted to link to our Site, you agree that we may at any time, in our sole discretion, terminate permission to link to our Site. In such event, you agree to immediately remove all links to our Site and to cease using any of our trademarks. We reserve the right to disable any unauthorized links or frames and disclaim any responsibility for the content available on any other website reached by links to or from our Site.

8. Indemnity

You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of our Site. This defense, hold harmless and indemnification obligation will survive the Site Terms and your use of our Site.

9. Disclaimer of Warranties and Limitation of Liability

OUR SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND “WITH ALL FAULTS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. FURTHER, ALTHOUGH THE INFORMATION ON OUR SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO OUR SITE, AND DISCLAIM ANY OBLIGATION TO UPDATE OR CORRECT ANY SITE CONTENT OR TO NOTIFY YOU OF UPDATES OR CORRECTIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT OUR SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE; ITS SERVERS; OR E-MAIL SENT FROM US WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANYTHING HEREIN TO THE CONTRARY NOTWITHSTANDING, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAD PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

PLEASE NOTE THAT OUR SITE MAY INCLUDE CERTAIN “FORWARD-LOOKING STATEMENTS” CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE, SUCH AS STATEMENTS CONCERNING OUR ANTICIPATED FINANCIAL RESULTS, CURRENT AND FUTURE PRODUCT PERFORMANCE, REGULATORY APPROVALS, BUSINESS AND FINANCIAL PLANS AND OTHER NON-HISTORICAL FACTS. THESE STATEMENTS ARE BASED ON CURRENT EXPECTATIONS AND CURRENTLY AVAILABLE INFORMATION. HOWEVER, SINCE THESE STATEMENTS ARE BASED ON FACTORS THAT INVOLVE RISKS AND UNCERTAINTIES, OUR ACTUAL PERFORMANCE AND RESULTS MAY DIFFER MATERIALLY FROM THOSE DESCRIBED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. UNDUE RELIANCE SHOULD NOT BE PLACED ON THESE FORWARD-LOOKING STATEMENTS, WHICH ARE CURRENT ONLY AS OF THE DATE OF THEIR POSTING TO OUR SITE. WE DO NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS.

10. Applicable Law

By visiting our Site, you agree that the laws of Israel, without giving effect to any conflict of laws and provisions that would require the application of the laws of any other jurisdiction, will govern the Site Terms and any dispute of any sort that might arise between you and us. All disputes arising out of the Site Terms will be subject to the exclusive jurisdiction of the competent courts located in Tel-Aviv-Jaffa, Israel, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit us from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce our intellectual property rights or to otherwise protect our interest in our Site.

11. Site Policies, Modification, and Severability

Please review our other policies on our Site. These policies also govern your visit to our Site. We reserve the right to make changes to our Site, policies, and the Site Terms at any time. You agree to accept posting of revised Site Terms electronically on our Site as actual notice to you. Your continued use of our Site will signify your express agreement to such changes. We encourage you to periodically check to review the Site Terms and policies for updates.

If any of these conditions will be deemed invalid, void, or for any reason unenforceable, that condition will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity and enforceability of any remaining condition.

We may freely assign any of our rights and obligations under the Site Terms. You may not assign the Site Terms or any of your rights or obligations hereunder without our prior written consent. No delay or failure to take any action with respect to any breach of the Site Terms will constitute a waiver of such breach or any subsequent or other breach. All waivers must be in writing to be effective. All rights are cumulative.