Welcome to www.Aposense.com (the "Website"). Aposense is owned and operated by Aposense Ltd. ("Aposense"). Please read carefully the following terms and conditions (the "Terms", or the "Terms of Use"). By using the Website, you agree to be bound by the Terms. If you do not agree with the Terms, you may not use the Website.
THE CONTENT ON THE WEBSITE (THE "CONTENT") INCLUDES DESCRIPTIONS CHARACTERISTICS AND QUALITIES OF APOSENSE'S PRODUCTS. THE CONTENT IS MADE AVAILABLE FOR GENERAL INFORMATIVE PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Acceptable use of the Website
The Website provides information related to Aposense's products and applications. Subject to the Terms of Use, and provided that you are at least 13 years old, you may access the Website and use the services provided therein (the "Services").
You agree to abide by all applicable local and international laws, regulations and rules, including any and all laws, rules and regulation pertaining to medical and healthcare Content. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Website.
When using the Website, You agree to refrain from willfully, or carelessly –
- breaching the Terms or any other applicable rules and instructions that Aposense may convey with respect to the use of the Website;
- interfering with or disrupting the functionality of the Website;
- circumventing or manipulating the operation, or functionality of the Services;
- using robots, crawlers and similar applications to collect and compile Content from the Website, for the purposes of competing with Aposense, or in such ways that might impair or disrupt the Website's functionality;
- displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
- impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity, when you contact us.
Links to other sites
The Website may contain links to content on other web sites. Aposense does not operate, or monitor these websites and contents. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, Aposense does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. Aposense assumes no responsibility or liability for such third party websites or contents, or their availability.
Privacy
Aposense respects your privacy. Aposense's
Privacy Policy explains the accepted privacy practices on the Website and is incorporated by reference to the Terms.
Correction of errors
Aposense puts great effort in ensuring the reliability of facts and details that it posts on the Website. However, errors may sometimes occur. If you think that any information or publication that Aposense has posted on the Website is erroneous, please inform Aposense at
info@aposense.com.
Intellectual property
All rights, title and interest in and to the Website, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Aposense.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Content on the Website, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, other than expressly permitted in the Terms.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Aposense's trademarks, service marks and logos.
You must avoid any action or omission which may dilute, or tarnish Aposense's goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
Changes in the Website
Aposense may from time to time change the Website's layout, design or display, as well as the scope and availability of the Content and Services, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that Aposense does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
Site and service availability
The availability and functionality of the Website depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. Aposense does not warrant or guarantee that the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
Termination of operation
Aposense may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently. Aposense may not give any notice prior to the termination of The Website. At any time, Aposense may block, remove or delete any content from the Website, without maintaining any backup copy.
You agree and acknowledge that Aposense does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result.
Amendments to the Terms
Aposense may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after Aposense has posted an initial notification on the Website's homepage or any other relevant web pages on the Website, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Website, unless Aposense amends the Terms to comply with legal requirements. In such cases the amendments will become effective as required, or ordered.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website or any of the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.
DISCLAIMER OF WARRANTY
THE WEBSITE IS PROVIDED FOR USE AS IS. APOSENSE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. APOSENSE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
APOSENSE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY APOSENSE'S STAFF OR ANYONE ACTING ON APOSENSE'S BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS.
Indemnification
You agree to indemnify, defend and hold harmless, Aposense and its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on Aposense's behalf, at your own expense and immediately after receiving a written notice from Aposense, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, the Content that you post on the Website, any communications that you convey through the Website, or your breach of the Terms, or any other terms, rules or regulations applicable to the Website, or your violation, or infringement of other persons rights.
Governing Law, Jurisdiction
The Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any choice of law or conflict of law rules or provisions of the State of Israel or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of Israel.
You agree to resolve any dispute or claim that you may have against Aposense and to submit to personal jurisdiction in the exclusive jurisdiction of state and courts in the city of Tel-Aviv, Israel.
Notices
In case you have requested to be on Aposense's mailing list, Aposense may contact you and send you notice via e-mail and regular mail. If you have any question related to the Website, the Content and/or Services, you may contact Aposense by using the
'contact us' link on the Website, or by using Aposense's contact details hereunder. Aposense reserves the right to publish in public – including on the Website - any communications with you, as long as your personal details will not be revealed without your prior consent. All communications between you and Aposense will be deemed as received after one business day.
Aposense's contact details:
Aposense
5-7 Odem St.
P.O Box 7119
Petach-Tikva 49170
Israel
Tel: +972.3.921.57.17
Fax: +972.3.921.57.14
General
The Terms of Use constitute the entire agreement between you and Aposense with respect to the use of the Website and supersede any and all other agreements.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, shall be effective unless consented to explicitly and executed in writing by Aposense's authorized representative.
The Terms of Use shall take precedence over all documents, forms and policies incorporated thereto, which may conflict with the Terms of Use, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of the Terms of Use.
Failure on Aposense part to demand performance of any provision in the Terms shall not constitute a waiver of any of Aposense's rights under the Terms.
The United Nations Convention on Contracts for the international Sale of Goods shall not govern the Terms.
Changes in Ownership
Aposense may incorporate the Website as a separate company or transfer ownerships rights and title in the Website, to a third party, provided that your rights according to the Terms are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you, that may have been given to Aposense during your use of the Website, will be passed on to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.
No Assignment
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you shall be null and void without Aposense's prior explicit consent in writing.
Interpretation
The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms.
"including", whether capitalized or not, means without limitation.
Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Survival
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Terms.