Date of Last Revision: January 1, 2015
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply to your access to, and use of, the Web site of MedyMatch, Inc. ("MedyMatch”), located at www.medymatch.com and any other web site, mobile site or mobile application that link to these terms (each a “Site” and collectively the "Sites"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with MedyMatch, or its subsidiaries or affiliates, for products, services or otherwise.
If you have any question regarding the use of the Sites, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to [email protected]
The Sites and all content and other materials on the Sites, including, without limitation, the MedyMatch logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of MedyMatch or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the collection and use of any images or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of MedyMatch, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.`
MEDYMATCH, the MedyMatch logos and any other MedyMatch product or service name, tag line or slogan contained in the Sites are trademarks of MedyMatch, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MedyMatch or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "MedyMatch" or any other name, trademark or product or service name of MedyMatch without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of MedyMatch and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and MedyMatch names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray MedyMatch or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a MedyMatch logo or other proprietary graphic of MedyMatch to link to the Sites without the express written permission of MedyMatch. Further, you may not use, frame or utilize framing techniques to enclose any MedyMatch trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without MedyMatch's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MedyMatch or any third party.
MedyMatch makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of MedyMatch and MedyMatch is not responsible for the contents of such sites. MedyMatch provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by MedyMatch of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
MedyMatch may provide third party content on the Sites may run advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party content, products or services on the Sites as a service to those interested in this information. MedyMatch does not control, endorse or make any representations or warranties regarding any third party content, products, services, promotions or vendors, including without limitation regarding the accuracy, efficacy, safety, or completeness thereof. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. You acknowledge and agree that MedyMatch is not responsible or liable in any manner for any third party content, products or services, for any loss or damage of any sort incurred as the result of any content, products, services, dealings or promotions. Users use such third-party content, products and services at their own risk.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MEDYMATCH, THE SITES, AND THE SITE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEDYMATCH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. MEDYMATCH DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
MEDYMATCH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE MEDYMATCH ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES SAFE, MEDYMATCH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
MedyMatch reserves the right to change any and all content contained in the Sites and to modify, suspend or discontinue the Sites or any features or functionality of the Sites at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MedyMatch.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL MEDYMATCH, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MEDYMATCH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MEDYMATCH'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MEDYMATCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES OR TO THESE SITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MEDYMATCH FOR ACCESS TO OR USE OF THE SITES.
These Site Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of Israel, applicable to agreements made and to be entirely performed within the State of Israel, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the courts of Tel Aviv, Israel and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, MedyMatch reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments about the Sites may be directed to MedyMatch at the email address [email protected].