1. General
MSF Medical equipment and service Ltd. and any subsidiaries
("MSF Medical") provide website features (the "Site"), including
but not limited to www.msf-medical.com and
www.msf-medical.co.il and www.msf-medical.cn and
www.msf-medical.com.cn and www.msf-medical.org.cn and
www.msf-medical.net.cn, as an online resource for medical
equipment professionals subject to the following terms and
conditions.
Your use of the site constitutes an acceptance of these terms
and conditions. Furthermore, theseterms may be changed
from time to time and without further notice.
Your continued use of the Site after any such changes
constitutes your acceptance of the new terms. If you do not
agree to abide by these or any future terms, please do not use
the Site or downloadmaterials from it.
MSF Medical may terminate, change, suspend or discontinue
any aspect of the Site, including the availability of any features,
at any time. MSF Medical may remove, modify or otherwise
change any content, including that of thirdparties, on or from
this Site.
MSF Medical may impose limits on certain features and
services or restrict your access to parts or to the entire Site
without notice or liability. MSF Medical may terminate your use
of the Site atany time inits sole discretion.
These terms apply exclusively to your access to and use of the
Site and do not alter the terms or conditionsof any other
agreement you may have with MSF Medical or its affiliates.
Copyrights. All content on this Site, including but not limited to
design, text, technical drawings, configurations, graphics, other
files, and their selection and arrangement ("Content"), are either
Copyright © MSF Medical equipment and service Ltd., or are
the proprietary property of MSF Medical and are protected by
Israeli andinternational law. The Content may not be modified,
copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any
form or by any means, in whole or in part, without MSF
Medical’s prior written permission. You further agree that you
will not systematically extract, collect or harvest, through
electronic means or otherwise, any data ordata fields from this
Site, including but not limited to customer identities.
2. User Conduct - General.
In using this Site, you agree: (a) not to disrupt or interfere with
the security of, or otherwise abuse, the Site, or any services,
system resources, accounts, servers or networks connected to
or accessible through the Site or affiliated or linked Web sites;
(b) not to disrupt or interfere with any other user's enjoyment
of the Site or affiliated or linked Web sites; (c) not to upload,
post, or otherwise transmit through or on this Site any viruses
or other harmful, disruptive or destructivefiles; (d) not to use
or attempt to use another's account, service or system without
authorization from MSF Medical, or create or use a false
identity on this Site; (e) not to transmit through or on this Site
spam, chain letters, junk mail or any other type of unsolicited
mass email to people or entities who have not agreed to be
part of such mailings; (f) not to divulge your username and
password to others either on or off the Site; (g) not to
attempt to obtain unauthorized access tothe Site or portions
of the Site which are restricted from generalaccess; and,
(h) not use this Site to seek, provide or obtain specificmedical
advice,medical opinion, diagnosis or treatment as applied to
a patients particular condition or situation. Inaddition, you
agree that you are solely responsible for actions and
communications undertaken or transmitted under your
account, and that you will comply with all applicable local,
national and international laws and regulations, including but
ot limited to Israel export restrictions which related to your
use of or activities on this Site. If you are in a jurisdiction
which restricts you from accessing this Site, do not access
oruse this Site.
MSF Medical makes no representation that the Site is
appropriate or available for use outside thestate of Israel.
3. User Conduct - Online Communities and
Other Interactive Areas.
The Site contains areas where you may post and share
comments with other Site users on a varietyof subjects.
You agree that you will not post or otherwise disseminate on
or through the Site unlawful, harassing, libelous, tortious,
abusive, offensive, threatening, or obscene communications
or material of any kind.
MSF Medical reserves the right but not the obligation to
remove any materials it deems objectionable, in its sole
discretion and without any reference to you. You agree to
hold harmless MSF Medical and its affiliates and parties
with whom MSF Medical has contracted for purposes of
hosting or maintainingthis Site from all claims based upon
communications made or materials posted by others or the
use by third parties of this Site.
4. Online Communications On and Through the
Site.
Except as otherwise provided in section 5 below, you agree
that any communications you transmit toanyone through the
Site or copyrighted works you post on the Site, including,
without limitation, questions, comments,suggestions, ideas,
plans, notes, drawings, configurations, specifications,
purchase orders, quotes or requests for quotes,
performance data, account information, or othermaterial,
data or information (collectively, "Information"),are
non-confidential and upon transmission of such
Information to MSF Medical via email orother means you
grant to MSF Medical an irrevocable, non-exclusive,
royalty-free, sub licensable, worldwide license (including
but not limitedto a copyright license) to use such
Information in any media for any purpose.
5. Privacy Policy.
MSF Medical will not sell or distribute any data or
information collected in the course of our relationship.
You acknowledge and agree that MSF Medical may use
this data and information to improve your experience on
the Site and with MSF Medical through our marketing
and internal practices.
6. MSF Medical Content, Product and Service
Information - Limitations.
All content available through the Site, including but not
limited to specifications, prices, data, technical drawings,
configurations, quote and order information, and inventory
listings is believed to be accurate.
However, you should independently evaluate the accuracy
of the information and the usefulness for your particular
needs of any content, product or service available through
the Site. Specifications for products and services are
subject to change without notice, and MSF Medical
reserves the right to make changes without notice to
processing, materials, or configuration. MSF Medical
does not guarantee that products or services listed in its
online catalog will be available at the time of your order.
All information on the Site is subject to the disclaimers
of section 8 below.
7. Links and Third Party Content.
Links to Other Web Sites. This Site may from time to
time contain links to other Web sites.
These links are providedas a convenience and do not
constitute an endorsement, sponsorship or
recommendation by MSF Medical of -- or responsibility
for -- the linked Web sites or any content, services or
products available on or through such sites.
Third Party Content. This Site may from time to time
contain material, data or information provided, posted
or offered by third parties, including but not limited to
advertisements or postings in online community
discussions. You agree that neither MSF Medical nor its
affiliates shall have any liability whatsoever to you for
any suchthird party material, data or information.
All links to this Site must beapproved in writing by
MSF Medical.
8. Disclaimers.
THIS SITE AND THE CONTENT AVAILABLE
THROUGH IT ARE PROVIDED ON AN "AS IS"
AND "ASAVAILABLE" BASIS. YOU EXPRESSLY
AGREE THAT USE OF THIS SITE AND/OR ITS
CONTENT IS AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT
TOAPPLICABLE LAW, MSF MEDICAL AND ITS
AFFILIATES DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS
SITE, INCLUDING ALL CONTENT, DATA OR
SOFTWARE DISTRIBUTED BY, DOWNLOADED
OR ACCESSED FROM OR THROUGH THE SITE,
IS AT YOUR SOLE RISK. YOU UNDERSTAND AND
AGREE THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR BUSINESS, YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH
CONTENT, DATA AND/ORSOFTWARE.
YOU ACKNOWLEDGE THAT MSF MEDICAL DOES
NOT CONTROL INFORMATION, PRODUCTS OR
SERVICES OFFERED BY THIRD PARTIES
THROUGH THE SITE. EXCEPT AS OTHERWISE
AGREED IN WRITING, MSF MEDICAL AND ITS
AFFILIATES ASSUME NO RESPONSIBILITY FOR
AND MAKE NO WARRANTY ORREPRESENTATION
AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY OR USEFULNESS
OF ANY ADVICE, OPINION, STATEMENT OR
OTHER CONTENT OR OF ANY PRODUCTS OR
SERVICES DISTRIBUTED OR MADE AVAILABLE
BY THIRD PARTIES THROUGH THE SITE. MSF
MEDICAL DOES NOT MAKE ANY WARRANTY
THAT THIS SITE OR ITS CONTENT WILL MEET
YOUR REQUIREMENTS,OR THAT THIS SITE OR
ITS CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT
DEFECTS, IF ANY, WILL BE CORRECTED. NOR
DOES MSF MEDICAL MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THIS SITE OR ITS CONTENT
OR AS TO THE ACCURACY, COMPLETENESS
OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH USE OF THIS SITE.
MSF MEDICAL ASSUMES NO RESPONSIBILITY
FORANY DAMAGES SUFFERED BY A USER,
INCLUDING, BUT NOT LIMITED TO, LOSS OF
DATA FROM DELAYS, NONDELIVERIES OF
CONTENT OR EMAIL, ERRORS, SYSTEM
DOWN TIME, MISDELIVERIES OF CONTENT
OR EMAIL, NETWORK OR SYSTEM OUTAGES,
FILE CORRUPTION, OR SERVICE
INTERRUPTIONS CAUSED BY THE NEGLIGENCE
OF MSF MEDICAL, ITS AFFILIATES,
ITS LICENSORS, OR A USER'S OWN ERRORS
AND/OR OMISSIONS EXCEPT AS SPECIFICALLY
PROVIDED HEREIN, MSF MEDICAL DISCLAIMS
ANY WARRANTY OR REPRESENTATION THAT
CONFIDENTIALITY OF INFORMATION
TRANSMITTED THROUGH THE SITE WILL BE
MAINTAINED. NO ADVICE OR INFORMATION,
WHETHER ORAL ORWRITTEN, OBTAINED BY
YOU FROM MSF MEDICAL OR THROUGH THE
SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN WRITING. SOME
STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF CERTAIN WARRANTIES
OR CONDITIONS, SO SOME OF THEABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE,
SHALL MSF MEDICAL OR ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OF OR THE
INABILITY TO USE THIS SITE OR ANY
CONTENT CONTAINED ON THE SITE, OR
RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR OTHER
INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED,INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OROTHER
INTANGIBLES, EVEN IF MSF MEDICAL HAS
BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE PARTIES
ACKNOWLEDGE THAT THIS IS A
REASONABLE ALLOCATION OF RISK. SOME
JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OF THE ABOVE MAY
NOTAPPLY TO YOU.
10. General
Applicable Law. These Terms of Use shall be
governed by and construed in accordance
with the laws of the law of Israel, without giving
effect to its conflict of law’s provisions.
You agree to submit to the personal and
exclusive jurisdiction of the courts of Israel.
Other. These terms constitute the entire
agreement between you and MSF MEDICAL
governing your use of the Site. Should any
provision in these terms be found invalid or
unenforceable for any reason, then that
provision shall be deemed severable from the
terms and shall not affect the validity or
enforceability of the remaining provisions.
You agreethat any claim arising out of or
related to the terms or your use of the Site
must be filed within one year after it arose or
be permanently barred.
