1.2. Scope of Terms. These Terms governs your use of IceCure’s [www.icecure-medical.com] domain (the “Domain”) and other pages of IceCure under the Domain (the “Website” or “Site”).
1.3. Changes to These Terms. We may amend, change or replace these Terms, by posting updated versions on the Site, or by notifying you by other means. All such modifications to the Terms shall become effective upon the posting of the revised Terms or by receipt of notification of a change to the Terms. If you do not agree to the new or different Terms, you should act according to the below.
You must fully agree to these terms in order to use the platform. If you do not agree with any of these Terms, You must immediately cease any use of the SITE.
2. Scope and Purpose
The Site primarily functions as an online research, education, communication and entertainment forum, in which users can learn about, share their stories of, and advocate for minimally-invasive benign and malignant tumor treatment options, including the ProSense™ cryoablation technology of IceCure Medical (collectively, the “Content”). The Content may, from time to time, contain information relating to various medical conditions, treatments, and pharmaceuticals that is provided directly by users or other third parties (collectively, “Third Party Providers”). IceCure Medical does not verify any of the information that Third Party Providers may provide, or that is otherwise posted on the Site, for accuracy, omissions or completeness of information. The Site does not purport to provide you with specific medical advice of any kind whatsoever. You are advised to consult a physician or other medical professional for advice regarding any medical condition or treatment thereof.
2.2. Suspension. We reserve the right to suspend your activities on the Site, and may subsequently condition access to the Site on presentation of proof that you did not violate these Terms.
3.1. Individual Use.
We only offer access to the Site to real persons. Thus, we currently do not accept users that are corporations and/or any other similar entities.
THOUGH WE MAINTAIN REASONABLE MEASURES TO SECURE AND PROTECT ACCOUNTS CONTENTS AND INFORMATION REGARDING THE USERS USE AND/OR ACCESS TO Site, WE CANNOT ENSURE Full PROTECTION FROM EXPOSURE of MALICIOUS software or other ACTS. We SHALL NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED to any USER DUE TO any use of the Site, including damages resulting from ANY data breach OF any ACCOUNTs.
4. Third party Entities and Links
4.1. External Links. You understand that our Site may contain certain external links to third party websites, including such websites’ content (collectively: the “External Content”). We have no control over the External Content, the manner of its presentation or its accuracy, and we are not a direct party to any transaction resulting from such External Content (if applicable), and therefore assume no responsibility and/or any liability in that respect.
4.2. You acknowledge that there is no guarantee that the access, browsing and/or use of any External Content shall be safe, nor that the owners or controllers of such External Content have undertaken any security or protection measures (for example, we cannot verify, nor do we warrant, that the External Content shall be free of any errors, malware, spyware, phishing, Trojan horses, data mining and/or collection, or the likes thereof). Your use of any External Content shall be at your sole risk. We highly recommend you to verify the origin of any External Content prior to gaining access or otherwise using it.
5. Additional Policies
5.1. Legal Age. You are not allowed to make any use of the Site in the event that you are under the age of 16.
- You will abide by all applicable local, state, national and international laws and regulations in regards to your use of the Site.
- For the avoidance of doubt, the ability to access or otherwise use the Site does not necessarily means that such use is permitted under the applicable laws of your jurisdiction. It is your responsibility to verify whether the services offered under the Site do no contradict the laws of your local jurisdiction.
5.3. Additional Policies. Within the course of your use of the Site you will strictly adhere with the following policies, such that, you must not:
- Browse, surf, process, scan or use the Site via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
- Manipulate the URL of the Site, or otherwise gain access to any internal pages to which we did not provided you with a direct link (including, without limitation, URL Hacking);
- Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware or any other program that is intended to damage the operation of the Site;
- Carry out any action which may infringe the copyrights and/or any other proprietary of us or any other copyright holder;
- Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer (including any extraction of the work process) any algorithm, code, syntax and/or any other content associated with the Site and/or any components thereof and/or act to collect, harvest and/or data mine any data associated with the Site and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, etc.;
- Attempt to manipulate any markets and/or trading platforms (including without limitations, by any fraudulent or any other misleading activities, placing manipulative asking/bid requests with the Site, etc.);
- Handle and/or otherwise use any content offered or displayed on the Site in any manner or way that violates these Terms;
- Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm any other users of the Site and/or the general public;
- Intimidate, threaten, harass or abuse anyone in any manner;
- Steal or attempt to steal passwords or other private information from other users of the Site;
- Distribute, post or make any other use (or otherwise encourage or solicit the consumption or performance of) any illegal, explicit, inappropriate, racist, offending, defaming, disparaging and/or abusing content, or any content which deems to infringe any third party proprietary rights (including our rights); and,
- Carry out any action that violates these Terms of Service, Privacy Notice and/or any other guidelines or policies as prescribed herein and/or as otherwise published by us from time to time.
6. Content and Ownership
6.1. Ownership. As for the relations between you and IceCure, all rights, title and interest in and to the Site, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, documents, content, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to us (“Proprietary Content”). In the event that the Proprietary Content is licensed to us, then such content might be subject to additional restrictions by its owners.
6.2. No Other Rights. The only right we grant you is a non-exclusive right to use the Site, subject to and in accordance with these Terms. It is hereby clarified that these Terms do not grant any right or interest in or to our intellectual property (or any part thereof), including without limitations, any of our Proprietary Content, except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of any of our property rights under any law.
6.3. Aggregated Information. Without derogating from the respective provisions of our Privacy Notice, any statistical or other information that we derive from your use of the Site is considered our Proprietary Content.
7. Privacy and Data Protection
7.1. In addition to these Terms, your use of the Site is also subject to our Privacy Notice, which informs you of our policies and procedures regarding the collection, use and disclosure of information we receive when you use our Site.
7.2. YOU ARE HIGHLY ENCOURAGED TO MAINTAIN THE REQUISITE PROTECTION FOR YOUR MACHINE, SUCH AS MAINTANING AN UP-TO-DATE ANTIVIRUS AND/OR ANY ANTIMALWARE OR PHISHING SOFTWARE.
8. Limited Warranties
8.1. THE Site is PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.2. WE MAKE NO WARRANTY THAT THE Site, including any results or other transactions carried out for you, WILL MEET YOUR REQUIREMENTS, NOR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE (including, but not limited to any runtime errors). This also applies to any errors, bugs, viruses, Trojan horses and/or any other form of malware, server runtime and/or downtime (including any interruption or cessation of any data received and/or otherwise transmitted within the scope of the use of the PLATFORM), server security measures, content Provided by other users and/or yourself (including any personal, financial and/or any other information) or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site, OR IN CONNECTION WITH ANY USERS’ (INCLUDING YOURSELF) VIOLATION OF THESE TERMS.
8.3. The use of the platform requires a constant internet connection, which we do not provide. You understand that we cannot guarantee a constant connection to the platform, nor make any commitment regarding the uptime of our servers. you must consider THIS when placing instructions for a transaction, as sincethe market is characterized with extremely volatile and rapid exchange rates, a lagging internet connection (or other runtime, uptime of buffering issues) might have substantial effects on the transaction you wish to contemplate, AS WE DO NOT ASSUME ANY LIABILITY IN THAT RESPECT.
9. Limitation of Liability
9.1. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (including any financial losses) ARISING OUT OF ANY (I) USE, OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF the Site (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF using the Site); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
9.2. SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE PLATFORM (WHETHER OR NOT PROVIDED BY THE USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, SHALL NOT EXCEED THE LOWER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE Site (IF PAID) OR $100.
9.3. WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER’S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE Site.
YOU SHALL INDEMNIFY US, including our DIRECTORS AND OFFICERS, EMPLOYEES, SERVICE PROVIDERS AND/OR ANY AFFILIATES, FOR CLAIMS, SUITS, LOSSES AND/OR DAMAGES RESULTING FROM YOUR USE OF, ACCESS TO OR RELIANCE ON THE Site.
11. Governing Law; Class Action Waiver
11.1. Subject to any applicable law, all disputes between you and we shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
11.2. These Terms and/or any other manner pertaining to your use of the Site shall be governed and construed in accordance with the laws of the State of Israel, and the competent courts of Tel-Aviv, Israel, shall have sole and exclusive jurisdiction over any matter arising thereof. Both parties acknowledge the said forum as an adequate and appropriate forum which shall not cause any undue hardship on any of the parties.
You may not assign any rights and/or obligations you may have under these Terms and/or Privacy Notice without our prior written consent. We may freely assign any of its rights and/or obligations herein, without limitations; provided that, your rights herein shall not be adversely affected.
13.1. We may, at any time, terminate our relations with you by providing you with a notice to the contact information provided by you when setting up the Account, or via any other manner, we deem suitable. Grounds for termination may be, but are not limited to, any breach by you of these Terms, and or your lack of acknowledgement (to the extent required) of any amended Terms.
13.2. It is hereby clarifeid that THE TERMS OF SECTIONS 6, 8 THROUGH 10 (Inclusive), AND SECTION 11 SHALL SURVIVE ANY TERMINATION, REGARDLESS OF REASON.
14. Contacting Us
If you have cause to believe any content found in the Site to be in violation of these Terms and/or infringe any 3rd party proprietary rights and/or applicable law, kindly notify us of such content via email to firstname.lastname@example.org, stating the violating content and the nature of violation.