THESE TERMS FORM AN AGREEMENT BETWEEN YOU (AS A USER OF THE SITE) AND APOS (AS THE OWNER/OPERATOR OF THE SITE). BY USING THE SITE, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
All AposTherapy web sites are owned and operated by AposTherapy. AposTherapy is the name we use to refer to our whole business, including Apos Medical and Sports Technologies Ltd. ("Apos") with its worldwide headquarters in Israel and any of the companies that it affiliates with or controls such as its subsidiaries, divisions etc.
The information contained in AposTherapy web sites do not constitute an offer of or solicitation for the purchase of products or services.
A reference to an AposTherapy product or service on an AposTherapy web site does not imply that such product or service is or will be available in your country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and you should always rely on product information especially created for your country. AposTherapy's web site contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and where applicable may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
Although accessible by others, the product information on a public AposTherapy web site is intended for use by residents of the United States only unless designated by a national flag or regional symbol. AposTherapy's web sites may link to other web sites produced by AposTherapy's various operating divisions and subsidiaries, some of which are outside the U.S. Those AposTherapy web sites may have information that is appropriate only to the particular originating country or region where the web site is based. You should not construe anything on a linked web site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.
The effective date of these Terms is set forth above. The Site may change over time as we refine and add features. We also may change, suspend or modify the Site and/or remove any content from the Site without prior notice to you.
Apos reserves the right to make changes to any part of the Terms at any time. Apos will provide notification to you in advance of any material change by posting notice on the Site. If you use the Site after the effective date of such change(s), then we deem your use of the Site as your acceptance of and agreement to be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Site. We recommend that you print out a copy of the Terms for your records. You agree to sign a non-electronic version of these Terms if we request that you do so.
The information and materials provided on or through the Site, including without limitation, any data, text, graphics, images, audio/video clips, logos, icons and/or links, (collectively, the "Content") are intended to educate and inform you about Apos. Unless otherwise specified on the Site, you may print Content from the Site for your own personal, non-commercial use but you may not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, use, create derivative works from, transfer or sell any Content without the prior written consent of Apos.
The Site does not provide medical advice. The Site is provided for educational and reference purposes only, even when it is written by medical professionals. Please consult with a qualified medical professional and follow his or her advice.
You acknowledge that the Site and its Content are protected by copyrights, trademarks, patents and/or other proprietary rights (collectively, "IP Rights") owned by Apos and/or others and that these IP Rights are valid and protected under U.S. and foreign laws. You must retain all IP Rights notices on or in printed, copied or downloaded Content.
Apos grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Content and Site, subject to the limitations set forth in these Terms and any other terms and policies set forth therein. Except as expressly provided in these Terms, Apos does not grant you any right (express or implied) in or to the Site or Content. All rights not expressly granted in these Terms are reserved by Apos.
Your suggestions for corrections and changes to the Site, information and reports provided to Apos by you and other feedback (including quotations of written or oral feedback) (collectively "Feedback") become the property of Apos. Your suggestions for improvements, updates, modifications or enhancements relating to the Site (collectively, "Revisions") also become the property of Apos. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not grant you any right to or interest in the Site. All Feedback and Revisions become the sole and exclusive property of Apos and Apos may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Apos any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to your Feedback and Revisions. At Apos' request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
3. THIRD-PARTY WEBSITES
The Site may contain links to third-party websites and services, including social media (collectively, "Linked Sites"). Linked Sites are not under the control of Apos and Apos is not responsible for Linked Sites or for any information or materials on, or any form of transmission received from, any Linked Site. The inclusion of a link does not imply endorsement by Apos of the Linked Site or any association with the operators of the Linked Site. Apos does not investigate, verify or monitor the Linked Sites. Apos provides links to Linked Sites merely as a convenience for you and you access Linked Sites at your own risk.
4. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Apos warrants that Apos has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Apos specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Apos does not warrant that (a) the website will meet your requirements, (b) operation of the website will be uninterrupted or virus- or error-free, or (c) errors will be corrected. Any oral or written advice provided by Apos or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT IN NO EVENT WILL APOS BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS LICENSE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF APOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Apos would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
You agree to indemnify and defend Apos and its affiliates, directors, officers, employees, consultants, contractors and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys' fees brought against Apos by any third party arising from your use of the Site or any violation of these Terms, the rights of a third party or applicable law. Apos reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Apos may be made without Apos' prior written approval.
These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the Site and will destroy any copy (full or partial) of any and all Content in your possession or control. Termination will not limit any of Apos' other rights or remedies at law or in equity. This Section 6 along with Sections 4, 5, 11 and 12 survive termination of these Terms.
7. EXPORT LAWS
The Site is intended for residents of the United States. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable.
You agree that you will not export or re-export, directly or indirectly, the Site and/or its Content to any country for which the United States or any other relevant jurisdiction requires an export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable United States export laws and regulations.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the Site and its Content by any authority.
You agree that a breach or a threatened breach of these Terms will cause injury to Apos for which money damages will not provide an adequate remedy and Apos will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
10. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the website is: AposThearpy PC 708 3rd Ave., 3rd floor, suite 300, New York, NY, 10017.
To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the above address or contact Apos via e-mail (with "California Resident Request" as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
11. DISPUTE RESOLUTION
These Terms are governed by and construed and enforced in accordance with the internal laws of the State of New York, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You and Apos agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AND Apos AGREE TO GIVE UP ANY RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Apos and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, contractors, consultants or affiliates (collectively for purposes of this section 11, "Apos") arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in New York County, State of New York administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Apos will provide such notice by e-mail to your e-mail address on file with Apos and you must provide such notice by e-mail to email@example.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Apos and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Apos nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section 11 is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
(b) These Terms (i) may not be modified except by a writing executed by you and Apos. No other act, document, usage or custom will be deemed to modify or amend these Terms; (ii) inure to the benefit of and will be binding upon each party's successors and assigns; (iii) may be assigned by Apos but you may not assign them without the prior express written consent of Apos.
(c) If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.
(d) If either party fails to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
(e) Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners, for any purpose.
(f) In the event that either party is prevented from performing or is unable to perform any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
(g) The headings and captions contained herein are for convenience only.
13. QUESTIONS ABOUT THE SITE
708 3rd Ave., 3rd floor, suite 300,
New York, NY, 10017.
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