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Terms of use and Privacy policyApostherapy.co.il Terms of Use Effective Date: 01/07/2011 Please Read Carefully Prior To Using This Web Site www.apostherapy.co.il (the “Web Site”, “Site”) is owned and operated by Apos Medical Israel Ltd. Use of this Apos Medical Israel Ltd. (“AposTherapy”) Web Site is governed by the terms and conditions below (“Terms of Use”). By using this Web Site you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Web Site. You may not use this Web Site and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with AposTherapy as specified herein; or (b) you are a person barred from using the Web Site under the laws of the State of Israel or other countries including the country in which you are resident or from which you use the Web Site. Although we operate internationally, the servers that host this Web Site are located in Netvision data center by Entry, Israel and any personal details you provide will be primarily processed by them. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy AposTherapy expressly excludes any representation or warranty, express or implied, with respect to the information available on this Web Site. AposTherapy makes no representation about any third-party Web Sites that may be accessed via links from this Web Site. By using this Web Site, you agree that the laws of the State of Israel will govern all matters between you and AposTherapy with respect to your use of this Web Site. AposTherapy grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. AposTherapy reserves the rights to terminate your license to use the Site at any time and for any reason or, in the future, charge for commercial usage. AposTherapy reserves the right to change these Terms of Use at any time. We recommend that you periodically check this Web Site for changes. 1. Intellectual Property Rights 1.1 Ownership AposTherapy, the AposTherapy logo and the AposTherapy design are trademarks or trade dress of AposTherapy, may not be used without express written permission from AposTherapy, other than for attribution. All other trademarks not owned by AposTherapy that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AposTherapy. AposTherapy - originated content included on the Site, such as all content, text, images, data, information and other material displayed, available or present on this Web Site (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of AposTherapy, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Web Site is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in these Terms of Use. Except as set out in these Terms of Use, no reproduction of any AposTherapy - originated content is permitted without written permission from AposTherapy. It is AposTherapy' policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate the accounts of repeat infringers. 1.2 Authorized and Prohibited Uses You may access, use and display this Web Site on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Web Site or the Content without our prior written permission. If this Web Site permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, you may send that particular Content or link to others by e-mail, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Web Site or the Content. 1.3 User Content Except as provided in our Web Site Privacy Policy, any Content that you submit to this Web Site or AposTherapy, including but not limited to e-mail you send to us through the Web Site (“User Content”), will be deemed to be non-confidential and may be disclosed through this Web Site to unknown persons on a worldwide basis without control by AposTherapy, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Web Site or AposTherapy except for Content that is fully authorized for purposes of this Web Site and these Terms of Use, and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that AposTherapy shall have, and hereby grant to AposTherapy, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Web Site or AposTherapy. AposTherapy does not endorse any User Content, or third party product or service that may appear on this Web Site. Nothing in these Terms of Use shall obligate AposTherapy to use any User Content you submit or permit the posting of such Content on this Web Site. 1.4 Registration and Passwords We may or may not require you to have a password and provide registration details to access this Web Site or portions of this Web Site. If we do require a password and registration details, the details you provide must be correct, current, and complete. If AposTherapy believes that the details are not correct, current, and complete, we have the right to refuse you access to the Web Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Web Site, and you are fully responsible for all activities that occur under your password(s) and use of your account. You agree to notify us immediately if you suspect any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity. 2. Web Site Administration 2.1 Access Arrangements and Fees Your use of this Web Site shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by AposTherapy in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Web Site. 2.2 Authority of Web Site Administrator AposTherapy may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Web Site, these Terms of Use, the Content or any link at any time without liability or prior notice. AposTherapy may in its discretion terminate the browsing of, registration with and use of this Web Site by any user at any time without liability or prior notice for any reason, including for any breach of these Terms of Use. 2.3 Import/Export Control You agree not to submit any Content to this Web Site or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws. 3. Your Obligations 3.1 Compliance You agree to comply with all applicable laws in connection with your use of this Web Site. By using the Web Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are [18] years of age or older; and (d) your use of the Web Site does not violate any applicable law or regulation. Your account may be terminated without warning, if we believe that you are under the required age as you represent yourself. 3.2 Functional Compatibility and System Abuse If the Web Site accepts the submission of User Content, you will submit only User Content and material that is functionally and technically compatible with this Web Site. You will not attempt to and will not damage, corrupt, tamper with or infect this Web Site, the Content or any information or telecommunication system of AposTherapy with a virus or other malicious computer program. You will only use this Web Site for the permitted purposes stated in these Terms of Use, and will not engage in abusive activity with respect to this Web Site. If you become involved in any violation of system security, AposTherapy reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents. 3.3 Your Cooperation and Notification You agree to cooperate with all reasonable requests of AposTherapy and will notify AposTherapy promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Web Site. 3.4 Third Party Sites and Other Information Regarding information submitted by third parties over whom AposTherapy has no control or responsibility, AposTherapy has no obligation to monitor, control or restrict the use of this Web Site, or third party Web Sites accessible via links on this Web Site. These other sites are not under AposTherapy' control, and you acknowledge that AposTherapy is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such link does not imply endorsement of any site by AposTherapy or any association with its operators. Moreover, In accessing the Web Site and following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Web Site and AposTherapy has no obligation to verify any User Content submitted by a user or to provide any registration or other information to you concerning any Content. 4. Warranty Disclaimers THIS WEB SITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. AposTherapy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEB SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. APOSTHERAPY PROVIDES MEDICAL INFORMATION FOR USE AS INFORMATION OR FOR EDUCATIONAL PURPOSES. WE DO NOT WARRANT THAT INFORMATION WE PROVIDE WILL MEET YOUR HEALTH OR MEDICAL REQUIREMENTS. IT IS UP TO YOU TO CONTACT A HEALTH PROFESSIONAL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. APOSTHERAPY DOES NOT GIVE MEDICAL ADVICE IN RELATION TO ANY INDIVIDUAL CASE OR PATIENT, NOR DOES APOSTHERAPY PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. IF YOU ARE A MEDICAL OR HEALTH PROFESSIONAL THEN YOU ARE ENCOURAGED TO USE APOSTHERAPY FOR GENERAL INFORMATION PURPOSES. HOWEVER, YOU SHOULD NOT RELY ON MATERIAL INCLUDED ON APOSTHERAPY AND WE DO NOT ACCEPT ANY RESPONSIBILITY IF YOU DO. 5. Limitations on Liability and Remedies AposTherapy’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH AposTherapy (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEB SITE) IS TO DISCONTINUE YOUR USE OF THE WEB SITE. AposTherapy AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITHAposTherapy. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AposTherapy HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AposTherapy AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. AposTherapy DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEB SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF AposTherapy WILL BE LIMITED TO, IN THE SOLE DISCRETION OF AposTherapy, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES, if any, FOR THIS WEB SITE RECEIVED BY AposTherapy FROM YOU. 6. Indemnification You agree to defend, indemnify and hold harmless AposTherapy and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Web Site, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Web Site. 7. Miscellaneous 7.1 General AposTherapy and you are independent entities, and nothing in the Terms, or via use of the Web Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between AposTherapy and you. These Terms supersede any previous agreement and represent the entire agreement between AposTherapy and you. 7.2 Separate Terms and Conditions From time to time in connection with your use of and/or access to Content contained in certain areas of this Web Site, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Web Site. Any such terms will not vary or replace these Terms of Use regarding any use of this Web Site, unless otherwise expressly stated. 7.3 Privacy Policy AposTherapy is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at. The Privacy Policy is hereby incorporated into these Terms of Use by reference, and constitutes a part of these Terms of Use. 7.4 Dispute Resolution; Applicable Law and Forum With respect to any and all disputes arising out of or in connection with this Web Site or these Terms of Use (including without limitation the Privacy Policy), you agree to negotiate in good faith and undertake reasonable efforts to cooperate with AposTherapy in order to achieve a mutually satisfactory resolution. AposTherapy has no obligation to become involved in any dispute between a user and any other person. This Web Site, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the District Court of Tel Aviv. You further agree that AposTherapy is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use. 7.5 Modification of Terms of Use and Privacy Policy These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and AposTherapy with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and AposTherapy shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of this Web Site, any use by you of this Web Site, any User Content on this Web Site, or these Terms of Use. 7.6 Special Note for Parents and Children Under Age 18 The site you are visiting is a general audience site. The Web Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. We do not knowingly collect or solicit personal information from people under 18. If we become aware that a person under 18 has provided us with personal information, we will delete such information from our files. If you are under 18, do not attempt to provide us any information about yourself. 8. Contacting Us If you have any questions regarding these Terms of Use or this Web Site, please contact us by e-mailing us at miraf@apos.co.il. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. APOSTHERAPY.co.il - PRIVACY POLICY (the“Privacy Policy” or“Policy”) Effective Date: 01/07/2011 Definitions www.apostherapy.co.il (the "Web Site") is owned and operated by Apos Medical Israel Ltd. The terms "Apos", "AposTherapy" "we", "us", "our" and "ours" when used in this Privacy Policy means Apos Medical Israel Ltd. which includes all its parents, subsidiaries, divisions, branches, and affiliates. The terms "you", "your" and "yours" when used in this Privacy Policy means any user of the Web Site. The term "Personal Data" refers to personally identifiable information about you, such as your name, birth date, e-mail address or mailing address. This Privacy Policy describes AposTherapy's current policies and practices with regard to Personal Data collected by AposTherapy through the Web Site. Collection of Personal Data Including E-Mail Addresses AposTherapy takes your privacy seriously. We respect and protect the privacy of our users and take appropriate steps to safeguard your personal information. We collect the information you give us when you visit our Web Site and use it when you request to be contacted. You may, through the Web Site, register to receive additional information (i.e. newsletters) from us. When you register, we ask you for contact information like your name, postal address and e-mail address. We sometimes supplement the information that you provide with information that is received from third parties. For instance, if inaccurate postal or zip codes are received, we will use third party software to fix them. AposTherapy Email Marketing Communication Policy AposTherapy sends promotional email only to:
Customers We always disclose our identity in mass email communications, including the address of our headquarters location. We never use deceiving header information or subject lines. We never send mass, promotional email to email addresses “harvested” from websites. We never, under any circumstances, rent or sell email addresses to any other company or individual. When coordinating with our resellers for the purpose of follow-up on sales inquiries made to us, we provide full contact information of the inquirer to the reseller, including email address, so the reseller can follow up on the inquiry. Our marketing email policy and practice fully conforms to the United States Federal “CAN SPAM” act of 2003 and the Israeli applicable statues such as the Protection Of Privacy Law 5741-1981 and the EU Privacy and Electronic Communications Directive in 2002. Note that some other regions have different email laws and guidelines, and AposTherapy conforms to local laws in those cases. We welcome and encourage your thoughts on this policy at miraf@apos.co.il. Use of Personal Data We process your Personal Data only for specific and limited purposes. We ask only for data that is adequate, relevant and not excessive for those purposes. When we ask you for Personal Data, we tell you the purposes for which we will process that data. Some of these purposes include the following:
We may contact you occasionally to inform you of new services we will be providing, or special offers, events or articles we think will be of interest to you. We do not share, sell or distribute your Personal Data with unrelated third parties, except under these limited circumstances: Personal Data may occasionally be transferred to third parties who act for or on behalf of AposTherapy, or in connection with the business of AposTherapy for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party may have access to your Personal Data in order to handle our mailings on our behalf.
Where appropriate, before disclosing Personal Data to a third party, we contractually require the third party to take adequate precautions to protect that data. Anonymous Data Collected Through This Web Site In addition to the information we collect as described above, we may use technology to collect anonymous information about the use of our Web Site. This technology does not identify you personally; it simply enables us to compile statistics about our visitors and their use of our Web Site. We use this anonymous data to improve the content and functionality of this Web Site and our e-mail updates, to better understand our customers and markets, and to improve our products and services. Cookies In order to collect the anonymous data described in the preceding paragraph, we may use "cookies" that collect the first level domain name of the user and the date and time you accessed this Web Site. A cookie is a small file containing a string of characters. This information is sent to your computer when you use the Web Site and it’s stored on your computer, subject to your cookies storage preferences, so that we can uniquely identify a user’s browser. We also use your IP address to help diagnose problems with our server and to administer our Web Site. An IP address is a numeric code that identifies your computer on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information, such as determining how many of our visitors are from outside of your country. We may also use cookies and similar tools to customize the content and advertising you receive based on the Personal Data you have provided. Personal Data you provide in structured profile fields or questions, information you add to open-ended profile fields and questions and other information about you may also be used to customize the online ads you encounter to those we believe are aligned with your interests. The information used for this feature does not provide your personal information or identify you as an individual to third parties User Communications When you send email or other communication to AposTherapy, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. Links to Other Web Sites This Privacy Policy applies only to www.apostherapy.co.iland to other Apos URLs through or from which you have reached this Web Site. This Web Site contains hyperlinks to web sites that are not operated by Apos. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party web sites or any association with their operators. We do not control these web sites and are not responsible for their data or privacy practices. We urge you to review any privacy policy posted on any site you visit before using the site or providing any Personal Data about yourself. Information Security We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. Access to Personal Data is for restricted to designated AposTherapy employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Transfer of Data Abroad AposTherapy is a global enterprise and has facilities and databases in different countries. We may, from time to time, transfer your Personal Data to one of our databases in another country. If the level of privacy protection in a country does not comply with recognized international standards, we will ensure that data transferred to our databases in that country are adequately protected and that the transfer of data to third parties in such countries is made pursuant to a contract or other measures providing adequate protection. Of course, the Internet is made up of a large number of international connections. If you are visiting this Web Site from a country other than the country in which our server is located, the various communications will necessarily result in the transfer of information across international boundaries. By visiting this Web Site and communicating electronically with us, you consent to these transfers. Special Note for Parents and Children under Age 18 The site you are visiting is a general audience site. The Web Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. We do not knowingly collect or solicit personal information from people under 18. If we become aware that a person under 18 has provided us with personal information, we will delete such information from our files. If you are under 18, do not attempt to provide us any information about yourself. Changes to This Policy This Policy may change from time to time. We will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice. Each version of this Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Policy in an archive for your review. Questions If you have any questions about this Privacy Policy or concerns about the way we process your Personal Data, please contact us by e-mailing us at miraf@apos.co.il |
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