Last updated: May 21, 2020
- The Website, Content and Services are not intended for use by persons under 18 years of age. If you are under such age you may not access, use or receive this Website, the Content or the Services.
- Changes to the Terms. We may modify these Terms at any time. Any such modifications will be effective immediately after the updated Terms are posted and your continued access or use of the Website, Content or Services, after such time constitutes your acceptance of the updated Terms.
- Right of Access. Subject to these Terms, you may visit and access this Website and view the Content and receive any Services we provide, so long as we make them available or provide them to you. We reserve the right to either change, in any manner, or to cease to offer, make available or provide the Website, Content and Services, in whole or in part at any time.
- You may not have or encourage any other person or entity to, directly or indirectly: (a) copy, modify, improve or create derivatives works based upon, reverse engineer, decompile or disassemble the Website, Content, or Services, or use or view the Content in any manner out of the Website or other medium in which it is provided to you; (b) use the Website, Content or Services in any manner which could harm or disrupt us or any third party, the Website, the Services, any property, law, regulation; (c) use automated means to access or use the Website, Content or Services in any manner, including, without limitation, using robots or spiders; (d) overload or attempt to overload or otherwise disrupt the normal functioning of the Website and any applicable Services, our or our third-party service provider’s servers or networks or the services of any internet service provider or other service provider, or circumvent or attempt to circumvent any security or blocking features of the Website or Services; (e) manipulate the URL of the Website, or otherwise gain access to any internal pages to which we did not provided you with a direct link (including, without limitation, URL Hacking); (f) 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 Website; (g) steal or attempt to steal passwords or other private information from other users of the Website; (h) promote advertisements or disruptive commercial messages.
- You may post links to our Website on your website provided that (a) you do not reproduce the Content and otherwise comply with the restrictions listed above in Section 5, (b) the description of the Website, including in the link text is accurate, and (c) you do not represent or imply that you and Nanorobotics are affiliates in any way or that we endorse you or any of your products or services, or make any statement on our behalf.
- Intellectual Property Rights. We own all right, title, and interest, including all intellectual property rights, in and to the Website, Content and Services. Except for the limited rights granted to you in these Terms, no other rights in the Website, Content or Services are granted to you, all of which are hereby reserved. In the event that any intellectual property is licensed to us, then such content might be subject to additional restrictions by its owners.
- Notices and Disclaimers.
- General Warranty Disclaimer. The Website, Content and Services are provided “as is” and on an “as available” basis, without warranties, guarantees, promises, or covenants of any kind, whether express, implied or statutory, all of which are hereby disclaimed, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, or which may arise in the course of dealing or usage of trade, or that the information found on the Website or made available as part of the Services is accurate or complete.
- Third-Party Content. The Website or Services may contain content provided by or link to websites or other digital platforms or products or services of third parties (collectively, “Third Party Content”). We take no responsibility and disclaim any warranties regarding any such Third Party Content. We encourage you to do your own research and read all applicable terms and notices before using, relying on, engaging, subscribing to, or making purchases of or on any Third Party Content or otherwise engaging with any such third parties.
- Compliance. Notwithstanding anything to the contrary herein, you agree to abide by all applicable local, state, federal, national and international laws and regulations in regards to your use of the Website. For the avoidance of doubt, the ability to access our Website does not necessarily mean that your use thereto is legal under relevant laws, regulations and directives.
- Limitation of Our Liability; Waivers by You. REGARDLESS OF ANYTHING THAT MAY STATE OTHERWISE, YOU AGREE THAT:
- Exclusion of Certain Damages. IN NO EVENT SHALL WE OR OUR AFFILIATES (TOGETHER, THE “NANOROBOTICS GROUP”) AND OUR AND THEIR LICENSORS OR SUPPLIERS (TOGETHER “OUR SUPPLIERS”) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND, OR DAMAGES OR LOSSES TO OR OF PROFITS, REVENUES, SAVINGS, BUSINESS, REPUTATION, GOODWILL OR DATA, IN CONNECTION WITH THESE TERMS, OR THE SUBJECT MATTER THEREOF, THE WEBSITE, THE CONTENT, OR SERVICES AND YOUR ACCESS, USE, RECEIPT (OR LACK THEREOF);
- Limitation on Total Damages. THE MAXIMUM TOTAL LIABILITY OF THE NANOROBOTICS GROUP AND OUR SUPPLIERS IN CONNECTION WITH THESE TERMS, OR THE SUBJECT MATTER THEREOF, THE WEBSITE, THE CONTENT, OR SERVICES AND YOUR ACCESS, USE, RECEIPT (OR LACK THEREOF) SHALL NOT BE MORE THAN THE AMOUNTS YOU HAVE PAID TO US IN CONNECTION WITH YOUR ACCESS AND USE OF THE WEBSITE, CONTENT OR SERVICES DURING THE THREE (3) MONTHS PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO YOUR CLAIM, IF ANY, OR US $10.00, THE GREATER OF THE TWO;
- Time Limitation. ANY CAUSE OF ACTION THAT YOU MAY HAVE IN CONNECTION WITH THE WEBSITE, CONTENT OR SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, AND OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED;
- Waiver of Class Actions. YOU HEREBY WAIVE AND GIVE UP ANY RIGHTS TO, AND AGREE NOT TO, PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM YOU MAY HAVE NOW OR IN THE FUTURE IN CONNECTION WITH THESE TERMS, THE WEBSITE, CONTENT, OR THE SERVICES; AND
- Applicability of Section. THE LIMITATION AND EXCLUSIONS LISTED IN THIS PARAGRAPH SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDLESS OF WHETHER THE DAMAGES OR LOSSES WERE KNOWN OR FORESEEABLE, AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY.
- You agree to defend, indemnify and hold harmless Nanorobotics and our affiliates, and our 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, or inability to use, the Website; or (ii) your failure to act or violation of these Terms.
- Governing Law and Jurisdiction.
- Governing Law. These Terms, the subject matter of the Terms, and any disputes between you and Nanorobotics or Our Suppliers (including, without limitation, regarding your breach of these Terms) shall be governed and interpreted in accordance with the laws of the State of Israel, excluding its conflicts or choice of laws or rules principles.
- Jurisdiction. Any such disputes will be subject to the exclusive jurisdiction of the competent courts located in Tel-Aviv Yaffo, Israel, and you and Nanorobotics submit to the jurisdiction of such courts and waive all claims object to such jurisdiction, venue and forum, including, without limitation any claim of forum inconveniens. As an exception to this, we may seek preliminary, interim or other temporary injunctive or other relief (such as, for example, a court order) in any competent court in any jurisdiction worldwide.
- You may not assign, transfer or delegate these Terms or any rights or obligations you have under these Terms to any other person or entity, but we may do so without restriction.
- These Terms together with any notices we post on the Website constitute the entire agreement between you and us with respect to the subject matter of these terms. They may not be changed by you without our express written consent, but may be changed by us without restriction. No waiver under these Terms shall be deemed a continuing waiver, unless expressly stated or agreed otherwise by the party against whom enforcement of such waiver is sought. Headings in these Terms are for your convenience and shall not be used in interpreting these Terms. You and Nanorobotics are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Nanorobotics. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Nanorobotics. If any provision of these Terms is held to be invalid or unenforceable, (i) the remainder of the Terms will remain in full force and effect, and (ii) the invalid provision shall be substituted with a provision that most closely approximates the original legal and economic effect of the invalid provision. Any right or remedy given in these Terms is, unless expressly stated otherwise, without exclusion of, or limitation to, any rights or remedies, otherwise available under these Terms, at law or equity. The prevailing party in any action or proceeding that is brought shall be entitled to reasonable attorneys’ fees from the other with respect to such action, in addition to any other relief or damages to which that party may be entitled.