1. Legal Agreement
form a legal agreement between you (including, if applicable, any legal entity
which you represent or act for) ("you") and us ("us",
"we" or "Medivizor") and sets forth the terms
and conditions governing your access to, and use of this website
(the "Site") and Medivizor’s services, including without
limitation any applications, mobile applications, software, features, content,
websites and/or linked pages, offered from time to time by Medivizor in
Services. By using the Site or the Services in any manner,
the Site or the Services.
The Services are intended for use by persons and
entities that are of legal capacity to create a binding legal agreement and who
are not barred from receiving services under the laws of their jurisdiction
("Legal Capacity"). Accordingly, if you are not of Legal
Capacity, you are not allowed to use the Site and/or Services. Be aware that we
are not and shall not be held liable for any breach of this requirement.
WE RESERVE THE RIGHT TO CHANGE OR DISCONTINUE THE
SITE OR ANY OF THE SERVICES AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON OR FOR
OUR SOLE DISCRETION. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AND SERVICES
FOLLOWING SUCH MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFICATIONS.
We reserve our right to refuse provision of the Services,
to anyone, for any reason or for no reason.
Site or the Services.
All communications between you and us shall be by
electronic means. You hereby agree and agree to receive communications from us
in an electronic form.
2. Creating an Account
You are required to create an account in order to
use the Services. You agree that all information provided by you is accurate,
full, complete and up-to-date at all times. You may not use the accounts of
others, or allow others to use your account, and you are solely responsible for
preventing such unauthorized use of your account.
You agree that we rely on the email address you
provide us, or a social login (e.g. Facebook, Twitter, Google+) as a User ID to
confirm whether users accessing and using our Services are authorized to do so.
If a user accesses the Services using a User ID that was issued to you, we will
rely on that User ID and will assume you personally are accessing the Services.
You are solely responsible for any and all access and/or use of the Services by
persons using your User ID. Please notify us immediately if you become aware
that your User ID is being used without authorization.
We strongly recommend having a complex password, to
be kept secured at all times. You are also encouraged to change your password
3. Using the Site and Services
Please keep in mind that when you use the Site and/or
the Services, you may be able to gain access to information and materials
created by you, as well as others, including any data, text, information, graphics,
photos, profiles, audio clips and videos, links and any application (collectively,
"Content") that you submit, post and display on your account.
Therefore, you agree not to revise Content created by others, and not to
create, post or use any Content in any manner which may infringe the copyright,
trademark, trade secret, or other intellectual property or other proprietary
right of others; violate the privacy, publicity, confidentially or other rights
of third parties; be discriminatory, defamatory, obscene, threatening, abusive,
sexually degrading or hateful, as determined by us in our sole discretion; or
be false or inaccurate, as well as be unauthorized and/or illegal under any
applicable law. We may, at our sole discretion, terminate accounts or remove
Content from the Site and/or from any of our applications or mobile
applications if we determine or suspect that those accounts or Content violate
You may not post nude, including partial, as well
as sexually offensive photos and/or videos, of any kind.
You may not harass or intimidate any other users of
the Site and/or the Services.
You agree to be held solely responsible and solely liable
for anything that occurs in your account and any activity in your account,
including without limitation, for any Content being uploaded in your account.
You agree that information and opinions in Content
created by third parties represent solely the thought of the author and are
neither endorsed by us or reflect our beliefs. You acknowledge that you may be
exposed to certain Content which may violate our policies or otherwise be
offensive to you.
You agree that you use the Site and Services at
your own risk. While we prohibit any misuse of the Site and Services, we take
no responsibility for your exposure to Content on the Site and/or on any of our
applications or mobile applications whether it violates our content policies,
You may not submit any unwanted e-mail, Spam or
comments to any of the members of the Site and/or the Services.
You may not transmit via the Site and/or the
Services any virus, worm, Trojan horse or any other potentially malicious code.
You may not crawl, scrape, or otherwise cache any Content
from the Site and/or the Services, without our prior written consent.
3.10. In using the Site and/or the Services you agree not to violate any
applicable laws in your jurisdiction (including but not limited to any
4. No Medical Advice
We do NOT
offer any medical advice or diagnoses and do NOT practice in medicine. Nothing
in the Site and/or the Services shall be deemed or constitute as medical
advice. Our Services are NOT intended to substitute any professional medical
advice, diagnosis, or treatment and are offered for informational purposes
only. Reliance on any information provided on the Site and/or through the
Services is made solely at your own risk and you are solely responsible for any
decisions or actions you take based on the information and materials made available
through the Site and/or the Services.
5. Using Third Party Services
may provide you with links or referrals to, or contact information for, third
party sites and/or services, including without limitation, health care
providers, researchers, etc. The use of any third party sites and/or services
is made solely at your own risk. Medivizor is not be responsible for, and does
not endorse, any third party content, sites or services, including without
limitation, any health care providers, products, tests, studies, procedures,
services, opinions, or websites accessed or mentioned on the Site and/or
through the Services.
reserve the right to suspend or terminate your account and/or your access and
use of the Site and/or the Services, at our sole discretion, should you fail to
to terminate your account, you may do so by (i) notifying us at any time, or
(ii) closing your accounts for all of the Services which you use, where this
shall survive any termination or expiration thereof, including without
limitation, the warranty disclaimers, limitation of liability and indemnity
7. No Warranty
The Site and the Services are provided "as
is", without warranty of any kind, either express or implied. Without
limiting the foregoing, we explicitly disclaim all warranties, express or
implied, regarding the Site and the Services, including any implied warranty of
quality, availability, merchantability, fitness for a particular purpose or
non-infringement, and any warranties arising out of course of dealing or usage
of any trade, including without limitation to the Site and/or the Services being
free from defect or any virus, worm, Trojan horse or any other potentially
malicious code. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSE
OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE AND SERVICES.
WE MAKE NO WARRANTY THAT THE SITE AND/OR THE SERVICES WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE SITE AND/OR THE SERVICES, OR
TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY
CONTENT OBTAINED THEREBY. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY
RECEIVE FROM US OR THROUGH US AT ANY TIME.
The Site and Services, as well as your Content, may
become unavailable, in whole or in part, due to technical failure, maintenance
and upgrade works, as well as upon our sole discretion or otherwise. We will
not be held liable, under any circumstances, for the loss of any Content. You
are strongly recommended to backup any of your own data and Content which you are
entitled to backup.
Without derogating from the above, you hereby
acknowledge and agree that in provision of the Services and operation of the
Site, we may rely from time to time on services provided by third parties,
including, but not limited to, data network providers, hosting services
providers, clearing services providers, etc. Any transaction may be temporarily
refused, limited, interrupted, or curtailed due to government regulations or
orders, network modifications, repairs, and upgrades or banking, financial
institution or other similar bodies. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO
PROVIDE THE SERVICES WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT
BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A
RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER
You are solely and exclusively responsible for all
your communications and interactions with us or with any person or entity with
whom you may communicate, interact or engage as a result of your use of the
Site and/or the Services. You agree and confirm that we do not, and do not
intend to, make any inquiries of any person or entity or verify the information
any person or entity submits or provides while using the Site and/or the
Services. You agree to take precautions in all communications and interactions
with any person or entity whether made on-line or off-line.
8. Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN
EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, EMPLOYMENT OPPORTUNITIES,
FROM BUSINESS INTERRUPTIONS, OR FROM THE USE OR ACCESS TO, OR THE INABILITY TO
USE OR TO ACCESS, THE SERVICES AND/OR THE SITE. WE SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD
PARTY OR FOR ANY INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY. IN NO EVENT
WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR
YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE
RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR
ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE OF THE SITE OR THE SERVICES
BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY
RELEASE US FROM ANY CLAIMS OR LIABILITY RELATING IN ANY WAY THERETO.
THE PROVISIONS OF THIS SECTION 8
SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE
ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS
AND SERVICES. IN THE EVENT THAT A COURT HAVING JURISDICTION SHALL DETERMINE
THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL
HUNDRED US DOLLARS (U.S. $100.00).
defend, indemnify, and hold harmless Medivizor, its affiliates and each of its
and its affiliates’ employees, contractors, directors, suppliers and
representatives from all liabilities, losses, claims, and expenses, including without
limitation reasonable attorneys' fees, that arise from or relate to (i) your
access, use or misuse of the Site and/or the Services, or (ii) your violation
other obligation. Medivizor reserves the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will assist and fully cooperate with Medivizor in connection
Property, Confidentiality and Security
10.1. We do not claim any ownership rights of any kind in Content that you
post on or through the Site and/or the Services. By displaying, posting or
publishing any Content on or through the Site and/or the Services, you hereby
grant us a non-exclusive, fully paid and royalty-free, worldwide, limited
license to use, modify, delete from, add to, perform, display, reproduce and
and applicable law. For more information regarding the use of your Content,
10.2. Please note: Some of our Services are supported by advertising revenue
and may display advertisements and promotions. You hereby irrevocably agree
that we may place such advertising and promotions on our Site and/or the
Services or on, about, or in conjunction with your Content. The manner, mode
and extent of such advertising and promotions are subject to our sole
discretion, and we will not be obliged to give you any notice whereas to such
changes in the advertising and promotions abovementioned.
10.3. You represent and warrant that:
10.3.1. You own the Content posted by you on or through our Site and Services
or otherwise have the right to grant the license set forth in this Section;
10.3.2. The displaying, posting or publishing and use of your Content on or our
Site and Services does not violate the privacy rights, publicity rights,
copyrights, contract rights, intellectual property rights or any other rights
of any person and/or entity;
10.3.3. The displaying, posting or publishing of your Content on the Site and/or
through the Services does not result in a breach of contract between you and a
third party; and
10.3.4. If applicable, you agree to pay for all royalties, fees, and any other form
of compensation owing any person and/or entity by reason of Content you post on
or through our Site and Services.
10.4. Please note: Our Services may contain Content which belongs to us
and/or to any affiliate, ("Our Content"). Our Content is
protected by copyright, trademark, patent, trade secret and other laws
protecting proprietary rights, and we own and retain all rights in Our Content
and our Services. We hereby grant you a limited, revocable, non-sub-licensable
license to reproduce and display Our Content (excluding any software code)
solely for your personal use and in connection with viewing the Site and using our
10.5. Our Services may also contain Content of users and our licensors we may
copy, modify, omit, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through our Site and Services,
without our prior written consent.
10.6. You acknowledge and agree that we and our licensors (as applicable)
retain sole, full and exclusive ownership of all intellectual property rights
of any kind related to the Site and the Services, including copyrights,
trademarks and other proprietary rights ("Intellectual Property Rights").
No license is granted hereunder to any Intellectual Property Rights. Medivizor
and "Medivizor.com" are our trademarks. Other names that are
mentioned on the Site or provided as part of the Services may be trademarks of
their respective owners. We reserve all rights that are not expressly granted
to you hereunder.
10.7. You hereby represent and warrant that you alone retain full and
absolute title to all intellectual property rights in any copyrighted materials
(including trademarks) that are contained in Content that you provide. You
hereby grant us a perpetual, non-exclusive, royalty-free, fully paid,
worldwide, irrevocable sub-licensable license, to use all such materials for
the provision of the Services and in connection thereto.
10.8. If you believe that your work has been used in a way that constitutes
copyright infringement by users of the Site or Services (in their capacity as
such), please provide us all information pertaining thereto as soon as
possible. We reserve the right, but no the obligation, to ask you for any
further information as we deem appropriate.
11.1. We welcome and encourage you to provide feedback, comments and
suggestions for improvements to the Site and Services ("Feedback").
You may submit Feedback by email to firstname.lastname@example.org.
You acknowledge and agree that all Feedback will be solely and exclusively our
property and you hereby irrevocably assign to us all right, title, and interest
that you may have in and to all Feedback, including without limitation all
worldwide patent rights, copyright rights, trade secret rights, and other
proprietary or intellectual property rights therein.
other relationship not herein specifically and explicitly agreed. There are no
part, to any third party without our prior written consent, and any attempt by
you to do so will be null and void.
that portion will be construed consistent with applicable law and the remaining
portions will remain in full force and effect.
be considered a waiver of the right to enforce such provision. Our rights
You agree that the courts located in Tel Aviv, Israel will have exclusive
jurisdiction over any dispute between you and us. However, you agree that we
may seek equitable relief in any jurisdiction when appropriate.
constitute the entire and only agreement between you and us, and supersede all
prior or contemporaneous agreements, representations, warranties and
understandings that relate to the subject matter hereof. In any case that a
specific agreement is signed by you and we, its provisions shall supersede the
If you have
Last update: October
All rights reserved, Medivizor