Effective Date: January 5, 2010
We may change these Terms at any time by posting revisions to them on the Web Site without notice to you. Accordingly, you should refer to these Terms occasionally to ensure sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms. Your continued use of the Web Site after such changes are posted constitutes acceptance of each revised Terms.
1. Description of Web Site Services
The Web Sites include information and functionality for you, including various communications tools and shopping services. Unless explicitly stated otherwise, any new features that augment or enhance the Web Sites, including the release of new or specialized services, are subject to these Terms. We may add, change, remove, suspend or discontinue any aspect of the Web Sites at any time without notice to you. We may also impose limits on certain features and services or restrict access to parts of or all of the Web Sites without notice or liability. It is your responsibility to obtain and pay for access to the Internet, necessary to use the Web Sites, as well as to provide all necessary equipment for your Internet connection.
2. Intellectual Property
All past, present and future content, including, without limitation, words, pictures, graphs, charts, and other matters presented or made available on the Web Sites, along with trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Sites, including, without limitation, the "look and feel" of the Web Sites (the "Information") are protected by applicable copyrights and other proprietary rights (including, without limitation, intellectual property rights) and are the property of Gilad&Gilad or its licensors. By accessing the Web Sites, you agree that Gilad&Gilad is not offering for sale or selling the Information, but instead is granting a limited, royalty free, non-exclusive, revocable, non-commercial, non-assignable, non-transferable license for you to use the Information for your own personal use or, if you are using one of our business to business Web Sites, for your internal business purposes related to the services offered on that particular Web Site. However, the license is granted only if you retain all trademark, copyright and other proprietary notices contained in the original Information or any copy you may make of the Information pursuant to these Terms. Unless otherwise set forth in a separate written agreement signed by Gilad&Gilad, you agree that this license does not permit you to: (i) download Information from a Web Site for use in competing or assisting another person to compete in any manner with us; (ii) download and store any graphic or image file on this Web Site except to the extent that your Browser may temporarily cache graphics or images through its standard features; (iii) sell the Information downloaded (or copied in another form) for money, barter, exchange, or other consideration; (iv) redistribute the Information for free to anyone (except, if you are using one of our business to business Web Sites, to your bona fide employees who need the Information for internal business purposes related to the services offered on that Web Site); (v) make any more than one print copy of the Information; (vi) otherwise publish the Information for any purpose, including commercial gain; or (vii) make any alterations, additions or other modifications to the Information. All rights not expressly granted above are expressly reserved.
All trademarks, service marks, trade names or other identifying marks displayed on the Web Site (the "Marks") are owned by us and/or our respective licensors. Except as applicable law may provide otherwise or as consented to in advance in writing by us, we do not consent to any use of the Marks by any person and do not grant you any right to use the Marks displayed on the Web Sites.
3. User Account and End User License Agreements
If you choose to provide information to the Web Sites, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your Browser so that others may not access any password-protected portion of the Web Sites using your name, username or password.
4. Acceptable Use
You agree that you will not use the Web Sites to:
- Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (a) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Gilad&Gilad, subsidiaries or affiliates), anything that adversely affects our business, or is abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in our sole discretion; (b) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (c) material of any kind that contains or links to malware including, without limitation, to viruses, Trojan horses, time bombs, worms, spyware or bots; (d) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Sites, or otherwise manipulating identifiers to disguise the origin of any content transmitted to or from the Web Sites; or (e) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," requests for money, petitions for signature, or any other form of solicitation;
- Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in communication on the Web Sites;
- Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
- Use or attempt to use another's information, account, password, service or system except as expressly permitted by that person;
- Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above acceptable use policy.
5. Linking Policy
We permit non-defamatory and non-disparaging links to the Web Sites if and only if all of the following conditions are met: (i) unless we provide advance, written approval, it is clear in the text associated with the link that Gilad&Gilad has not endorsed the owner of the referring web site, the contents of the referring page, and that any statements made therein, particularly about the efficacy or use of Gilad&Gilad's products, have not been reviewed or approved by Gilad&Gilad; (ii) no use is made of Gilad&Gilad trademarks except that the Gilad&Gilad 's word marks may be used solely to identify genuine Gilad&Gilad LLC products if appropriate attribution is provided immediately accompanying the word mark (e.g., "AgmaSet® is a registered trademark of Gilad&Gilad LLC"); (iii) the linking does not frame or create a browser or border environment around any of the Information; (iv) the referring web site does not present false information about Gilad&Gilad or its products or services; and (v) the referring web site does not contain content that could be construed as distasteful or offensive. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to the Web Sites for any or no reason.
6. Links to Other Web Sites
The Web Sites may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.
8. Copyrights and Copyright Agents
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gilad&Gilad 's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Gilad&Gilad 's copyright agent for notice of claims of copyright infringement on or regarding the Web Sites can be reached as follows:
Attn: Gad M. Gilad, Copyright Agent
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
We have a policy of immediately terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
9. No Medical Advice; Inquiries Regarding Medical Issues
We may provide information concerning certain scientific matters related to our products, but neither this information nor any other Information on the Web Sites constitute medical advice for the diagnosis or treatment of humans or animals. Gilad&Gilad does not make claims that any of its products are intended for the diagnosis, treatment, mitigation, cure or prevention of disease. Unless otherwise noted, none of our products have been evaluated, reviewed or approved by the United States Food and Drug Administration.
If you contact us via the Web Sites, we do not guarantee a response. However, if we do respond, our response does not constitute a diagnosis or a recommendation for a treatment and you should always contact your health care professional before taking any medical steps.
Additionally, if you are a Medical Doctor or a Doctor of Veterinary Medicine, you should not base your opinion solely or primarily upon information obtained from the Web Sites.
All responses to questions provided by us are provided "as is" and without warranty of any kind. You should not rely upon any Information provided by us or any information that may be provided by a third party on the Web Sites for the purposes of medical treatment or otherwise. Gilad&Gilad assumes no responsibility whatsoever for any erroneous advice or other information provided on the Web Sites, whether provided by us or a third party.
We do not undertake any duty to monitor or update the statements made by us or third parties on the Web Sites (and any monitoring that is done is solely for our own business purposes and not as any duty undertaken for the protection of you or other users). You agree not to sue or make any claim of any kind against us, our employees or agents, or against any third party who has provided information.
10. Third Party Information
Third parties may provide some of the information on the Web Sites ("Third Party Information"). You should be aware that Third Party Information might contain errors, omissions, inaccuracies, be outdated, or contain inadequacies and that the Third Party Information may be subject to terms and conditions, which may be found on the Web Sites or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Third Party Information and will not be liable for any lack of the foregoing. Third party advertisers may offer goods, services and other materials to you on the Web Sites. Your correspondence and business dealings with others found on or through the Web Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Gilad&Gilad will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Third Party Information on the Web Sites.
Descriptions of, or references to, products, services or publications within the Web Sites do not imply endorsement of that product, service or publication.
11. Information You Submit
The Web Sites may contain functionality through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Web Sites ("Submissions"). For example, the Web Sites may offer forums, bulletin boards, wikis, chat rooms or other interactive areas ("User Forums"). Gilad&Gilad, its subsidiaries or affiliates and the directors, officers, employees, and other representatives of each of them do not endorse the content posted in User Forums. Gilad&Gilad reserves the right, but is not obligated, to delete, move or edit Submissions, in whole or in part, submitted by you to a User Forum for any or no reason in its sole discretion. We reserves the right to suspend or terminate your access to the Web Sites and pursue all legal remedies if we believe your Submission infringes or violates another's rights or otherwise violates any law, rule or regulation. You agree that you are prohibited from accepting payment for Submissions, including without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Submissions.
Your Submissions are your sole responsibility. This means that you, and not Gilad&Gilad, are entirely responsible for all of the Submissions that you upload, post, e-mail, transmit or otherwise make available via the Web Sites. If you post personal information in User Forums or on other publicly available areas of the Web Sites, then you may receive unsolicited messages from third parties. Gilad&Gilad cannot ensure the security of any information you post on publicly available areas of the Web Sites. Under no circumstances will we be liable in any way for any of your Submissions including, without limitation, any errors or omissions in your Submissions, or for any loss or damage of any kind incurred as a result of your Submissions. You represent that each of your Submissions is an original work by you or you have all necessary rights in it and to submit it to Gilad&Gilad under these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation.
You acknowledge that the Web Site, through Gilad&Gilad, its subsidiaries, affiliates, and partners undertakes no obligation to pre-screen your Submissions, but that it has the right, in its sole discretion to modify, transmit over various networks, refuse, move, block access to or remove any of your Submissions. You agree that you must evaluate, and bear all risks associated with, the use of any of your Submissions including, without limitation, any parties' reliance on the accuracy, completeness, or usefulness of your Submissions. Since Gilad&Gilad, its subsidiaries, affiliates, and partners may not pre-screen Submissions, you are legally responsibility for others' exposure to any offensive indecent or objectionable content in your Submissions.
12. Disclaimer of Warranties
THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITES, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GILAD&GILAD AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES; (B) THE INFORMATION AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITES; (D) THE MESSAGES AND INFORMATION PROVIDED BY THIRD PARTY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES OR HYPERLINKS TO THIRD PARTIES; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING PERSONAL DATA) THROUGH THE WEB SITES OR ANY LINKED SITE. GILAD&GILAD DOES NOT WARRANT THAT THE WEB SITES, ANY OF THE WEB SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
GILAD&GILAD DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, GILAD&GILAD SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES OR THE INFORMATION. FURTHER, GILAD&GILAD AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
GILAD&GILAD, ITS SUBSIDIARIES OR AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM WILL NOT BE LIABLE FOR THE USE OF THE WEB SITES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
13. Disclaimers/Limitation of Liability
YOU UNDERSTAND AND AGREE THAT GILAD&GILAD LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES WILL GILAD&GILAD, ITS SUBSIDIARIES, OR AFFILIATES AND THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE " GILAD&GILAD ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITES, THE INFORMATION, OR YOUR SUBMISSIONS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY GILAD&GILAD OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITES OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH INTELLECTUAL PROPERTY OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITES' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE GILAD&GILAD ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE GILAD&GILAD ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE GILAD&GILAD ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE GILAD&GILAD ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE INFORMATION.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GILAD&GILAD 'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY OR PRODUCT, OWNED OR CONTROLLED BY GILAD&GILAD AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT OR EXPLOITATION OF ANY GILAD&GILAD WEB SITE OR YOUR SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
You agree to defend, indemnify and hold harmless the Gilad&Gilad Entities and Individuals for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Terms, including, without limitation: (a) your use of the Web Sites; (b) your violation of these Terms or any law, rule or regulation; (c) your use of the Information; or (d) any of your Submissions. You will cooperate as fully and reasonably as required by Gilad&Gilad in the defense of any claim. Notwithstanding the foregoing, Gilad&Gilad retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Gilad&Gilad herein under the terms and provisions of this Section 14 and in no event will you settle any such claim without Gilad&Gilad 's prior written approval.
15. Governing Law, Jurisdiction and Venue
This Agreement will be governed by and construed under the laws of the State of Texas, without reference to its conflict of law principles. The parties agree to submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Austin County, Texas in any action to enforce (or otherwise arising from or relating to) this Agreement. Both parties expressly waive a trial by jury.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Sites and the Information, including, without limitation, those governing your transmission or use of any software or data. These Terms and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Sites, the Information and your Submissions and supersedes any and all other prior written or oral agreements between them. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. You agree that these Terms will not be construed against Gilad&Gilad by virtue of having drafted these Terms. If any provision of these Terms will be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action will be strictly construed and will not affect the validity or effect of any other provision of these Terms. No waiver on the part of Gilad&Gilad of any of these Terms will be of any force or effect unless made in writing and signed by a authorized officer of Gilad&Gilad.
You understand and agree that Gilad&Gilad will determine your compliance with these Terms in its sole discretion. Gilad&Gilad reserves the right to deny access to all or part of the Web Sites and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Gilad&Gilad, you must destroy all Information obtained from this Web Site and all related documentation.
If you have questions or comments regarding these legal terms, you may reach us by telephone at 1-512-948-7040 or by visiting the Contact Us page.