Atche Medical Ltd.
Last Revised: July 30, 2012
Atche Medical Ltd. and its affiliates (“Company” or “we” or “Atche Medical”) welcome you to Atche Medical’s online site at http://www.atchemed.com (“Website“). The website enables you to learn about Atche Medical Ltd. and about its Medical Simulation Centers, Centers for New Technologies, and products for the medical simulation world. Each of the website Users (“User” or “you”) is invited to enjoy the website in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: http://www.atchemed.com./terms-of-use/
By connecting to, accessing or using this website, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person connecting to, accessing or using this website.
2. About the Website
The Website provides you with comprehensive information and resources about the Company’s centers, products, systems and techniques, including Company’s Centers for Medical simulation and new technologies, and other health and medical related data. By using the Website you may learn about our products by reviewing products elaborated descriptions, pictures and presentations. THE INFORMATION ON THE WEBSITE IS PROVIDED FOR INFORMATIVE AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE COMPANY MAKES NO REPRESENTATION AND ASSUMES NO RESPONSIBILITY FOR USING ANY OF THE INFORMATION ON THE WEBSITE FOR OTHER PURPOSES THEN INFORMATIVE OR EDUCATIONAL PURPOSES. We may edit any of the information on the Website without prior notice.
There are certain conducts which are strictly prohibited on the Website. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to the website and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
• Use the website or it’s URL for any illegal, unlawful or unauthorized purposes;
• Use the website or it’s URL in any form of spam, unsolicited mail or similar conduct;
• Use the website or it’s URL for non-personal or commercial purposes without Company’s express prior written consent;
• Harvest or collect data published on the Website, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the website and retrieve, index and/or data-mine information;
o Interfere with or disrupt the operation of the website or the servers or networks that host the website, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
o Impersonate any person or entity or provide false information via or on the website whether directly or indirectly;
o Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Company or the Website;
o Transmit, distribute, display or otherwise make available through the Website or in connection with the Company any content which may infringe third party rights, including but not limited to Intellectual Property rights (section 6 below) and privacy rights, or which may contain any unlawful content;
o Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure;
o Bypass any measures we may use to prevent or restrict access to the Website;
o Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Website in any way;
o Create a browser, frame, border environment or GUI around the Website.
5. Intellectual Property Rights
The Company and the Intellectual Property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, photos, presentations, clips, designs (including the “look and feel” of the website), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object codes, files, interface, GUI and trade secrets, whether or not registered (collectively, “Intellectual Property“), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions.
6. USER REPRESENTATIONS AND UNDERTAKINGS
As a condition for your use of the website, you hereby represent and warrant that:
• – You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the website in accordance with these Terms, and to fully perform your obligations hereunder;
• – The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and,
• – You will not infringe or violate any of the Terms.
7. Trademarks and Trade names
Atche Medical™, Company’s logo and all other trade names or proprietary identifiers used by the Company in connection with Atche Medical™ (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Website, belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
8. Links to Third Party Websites
9. Disclaimer and Warranties
THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT A NOTICE TO YOU.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE WEBSITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH THE WEBSITE.
10. Limitation of Liability
THE USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE WEBSITE, OR THE USE OR INABILITY TO USE THE WEBSITE, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN US DOLLARS ($10).
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Website. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
12.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
12.2. Any claim relating to the website or its use thereof will be governed by and interpreted in accordance with the laws of Israel without reference to its conflict-of-laws principles.
12.3. Any dispute arising out of or related to your use of the website will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the city of Tel Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
12.4. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
12.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
12.6. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
12.7. If you feel that any of your personal rights has been compromised on the website, please contact us at and we will exert our best efforts to handle your complaint.
For information or questions please contact:
Atche Medical Ltd.
61 Hachursha Street, Raanana, 4361325, Israel
Email: contact form