Terms & Conditions
EarlySense Ltd. (“EarlySense”) welcomes you to its website (together with its Content, the “Site”). Please read the following Terms & Conditions (“Terms”) carefully before using this Site so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to EarlySense, Ltd., its affiliates and subsidiaries.
We reserve the right, at our discretion, to revise or modify these Terms. Such revisions or modifications shall be effective immediately upon notice to You, which may be given by any means including, without limitation, posting on the Site or by e-mail. Your continued use of this Site following such notice shall be deemed to constitute acceptance of such revisions or modifications.
1. Your Acceptance
2. Ability to Accept Terms
By using this Site, You represent that You are over the age of 13, as the Site is not intended for children under 13.
3. Website Access
A. EarlySense hereby grants You permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site without EarlySense’s prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You will comply with these Terms.
B. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that access the Site in a manner that sends more request messages to the EarlySense servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. EarlySense grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. EarlySense reserves the right to revoke these exceptions either generally or in specific cases.
C. EarlySense has the right to terminate your access to the Site, in its sole discretion, immediately and with or without cause.
4. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, user submissions and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to EarlySense. Content on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without EarlySense’s prior written consent. EarlySense reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
“EarlySense”, the EarlySense logo, and other marks are Marks of EarlySense or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
We reserve the right to access, read, preserve, and disclose any information (whether published or not) as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of EarlySense, its users or the public.
7. Medical and Other Terms
EarlySense’s website is aimed at providing general information about EarlySense and its developments. This Site does not provide medical or professional services advice.
8. Information Description.
EarlySense will use reasonable efforts to include up-to-date and accurate information in this Site. However, EarlySense cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. EarlySense reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
9. No Warranties
THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORAMTION BEFORE RELYING ON IT. USE OF THIS SITE AND THE CONTENT IS AT YOUR SOLE RISK. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, EARLYSENSE DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.
Please note that some jurisdictions may not allow exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
10. Limitation of Liability
YOU AGREE THAT EARLYSENSE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT EARLYSENSESHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES SHALL EARLYSENSE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF EARLYSENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT EARLYSENSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THE SITE, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM,.
You agree to defend, indemnify and hold harmless EarlySense, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; or (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms and Your use of the Site.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by EarlySense without restriction.
13. Contact Us
In case of any questions or inquiries about the Terms of this website, or its implementation, please contact us at [email protected] .