Last Revised: May 27, 2015
INSIGHTEC Ltd. (“INSIGHTEC", "we", "our") welcomes you ("User(s)" or "you") to our website at: www.insightec.com (the “Site”). The Site offers information about INSIGHTEC, our products and services. Each of the Site's Users may use the Site in accordance with the terms and conditions hereunder.
Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER INTO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.
The Site is designated for doctors, hospital admins, nurses and other professionals who have interest in our field of business (i.e. Neurosurgery, Oncology and Women's Health), products and services.
The Site includes, inter alia, the following information and resources: clinical indications for our products and clinical trials that were conducted in connection with our products, our certifications and credentials, regulatory approvals, useful and updated information in our field of business (including downloadable brochures and articles, news and events), testimonials of doctor's who used our products and/or services and information regarding our various services (onsite clinical training, commercial development, etc.).
The Site includes our proprietary content or licensed content of others, and may include additional resources such as contact information, materials, documents, text, files, logos, button icons, images, data compilations, other specialized content, technical data, documentation, know-how, specifications, materials, designs, data, the "look and feel" of the Site, interface, GUI, related graphics and other features obtained from or through the Site (collectively, the “Content”).
THE USE OF OUR SITE MAY ENABLE USERS TO FACILITATE A CONNECTION WITH DOCTORS. DEALINGS BETWEEN DOCTORS AND PATIENTS AND THEIR OUTCOMES ARE OUT OF OUR CONTROL AND WE SHALL HAVE NO LIABILITY IN SUCH RESPECT.
THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT.
YOUR USE OF THE SITE AND/OR CONTENT IS ENTIRELY AT YOUR OWN RISK.
Medical Advice Disclaimer
The Site provides general information relating to our business, products and services for educative and informative purposes and not for medical or operational planning. All such information is not intended to replace or complement any professional medical consultation, advice or treatment.
All information displayed on or through the Site does not create any doctor-patient relationship. ANY DECISION MADE OR ACTION TAKEN (OR NOT TAKEN) BY YOU IN RELIANCE ON ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE RELATING TO YOUR HEALTH AND ANY RELATED OUTCOMES, DAMAGES OR EXPENSES ARE AT YOUR SOLE RESPONSIBILITY.
YOU SHOULD MAKE ALL MEDICAL OR HEALTH RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED DOCTOR OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may also expose a User to civil and/or criminal liability.
You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes without INSIGHTEC's express prior written consent; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of INSIGHTEC or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®). You represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that INSIGHTEC endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by INSIGHTEC on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to INSIGHTEC's proprietary rights, including INSIGHTEC's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permit such actions; (k) make any use of the Content on any other site or networked computer environment for any purpose, without INSIGHTEC’s prior written consent; (l) create a browser or border environment around INSIGHTEC Content (no frames or inline linking are allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content; (n) frame or mirror any part of the Site without INSIGHTEC's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that 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; (q) use the Site for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.
Contacting us via the Site
You do not have to register in order to visit the Site (we reserve the right to require registration in the future). However, in order to contact us when using the Site, you will need to fill out and complete the Contact Form available at: http://www.insightec.com/about-us/contact-us/. You are required to provide accurate and complete information in the Contact Form.
Intellectual Property Rights
The Site, the Content and INSIGHTEC's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to INSIGHTEC and are protected by applicable copyright and other intellectual property laws, international conventions and treaties. All rights not expressly granted to you hereunder are reserved by INSIGHTEC and its licensors.
The Terms do not convey to you an interest in or to INSIGHTEC Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of INSIGHTEC’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to INSIGHTEC ("Feedback"), INSIGHTEC shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any INSIGHTEC current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require INSIGHTEC to comply with any additional obligations with respect to any INSIGHTEC current or future products, technologies or services that incorporate any Feedback.
Trademarks and Trade Names
“INSIGHTEC”, “INSIGHTEC™“, INSIGHTEC's marks and logos and all other proprietary identifiers used by INSIGHTEC in connection with the Site or our products (“INSIGHTEC Trademarks”) are all trademarks and/or trade names of INSIGHTEC, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to INSIGHTEC Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
The Site's availability and functionality depend on various factors, such as communication networks. INSIGHTEC does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free or immune from unauthorized access.
Changes to the Site
INSIGHTEC reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that INSIGHTEC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein.
Links to our Site and Links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not (a) state or imply any connection or approval of your website, products and/or services by INSIGHTEC, or (b) portray INSIGHTEC in a false or offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to our Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. We do not permit framing or inline linking.
Social Media Features
Copyright and Content Violation
INSIGHTEC respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement or that your Intellectual Property rights have been otherwise violated, please provide INSIGHTEC via the following e-mail address: email@example.com with sufficient information in writing including, inter alia, a description of the copyrighted work that you claim has been infringed, a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, information sufficient to permit INSIGHTEC to locate the material, and your contact information such as address, telephone number and e-mail address. We will investigate and make an effort to reply within a reasonable timeframe.
Disclaimer of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. INSIGHTEC, INCLUDING ITS LICENSORS, SUBSIDIARIES, AFFILIATES, AGENTS, RESELLERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, "INSIGHTEC'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
IN ADDITION TO WARRANTY DISCLAIMERS CONTAINED IN THESE TERMS, WE DO NOT WARRANT (I) THAT THE SITE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) THAT THE SITE WILL BE AVAILABE TO USERS IN EACH JURISDICTION, AND (IV) THAT THE SITE OR ITS CONTENT SHALL HAVE NO ERRORS, FAULTS OR MISTAKES.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL INSIGHTEC, INCLUDING INSIGHTEC'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING UNDER THESE TERMS, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT, THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF INSIGHTEC TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF INSIGHTEC BY ANY OTHER CAUSE WHATSOEVER OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY; ALL REGARDLESS OF WHETHER INSIGHTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, INSIGHTEC'S AND INSIGHTEC'S REPRESENTATIVES TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) TO INSIGHTEC IN CONNECTION WITH USING THE SITE OR $US1.00, WHICHEVER IS GREATER.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless INSIGHTEC and INSIGHTEC's Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of the Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Site; 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. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Amendments to the Terms
INSIGHTEC may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
Termination of Site's Operation
At any time, INSIGHTEC may block your access to the Site and/or temporarily or permanently limit your access to the Site, at its sole discretion, in addition to any other remedies that may be available to INSIGHTEC under any applicable law.
Additionally, INSIGHTEC may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that INSIGHTEC does not assume any responsibility with respect to, or in connection with the termination of the Site's operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Medical Advise Disclaimer, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
To use the Site you must be over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Site. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Site, we will prohibit and block such User from accessing the Site and will make all efforts to promptly delete any Personal Information with regard to such User.
(a) These Terms constitute the entire terms and conditions between you and INSIGHTEC relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and INSIGHTEC, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, INSIGHTEC may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, attorney client, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, (f) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (g) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (h) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (i) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (j) no amendment hereof will be binding unless in writing and signed by INSIGHTEC, and (k) the parties agree that all correspondence relating to these Terms shall be written in the English language.
For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to the following address and we will make an effort toreply within a reasonable timeframe: firstname.lastname@example.org.