Terms of Use
Welcome to https://www.corneat.com (this “Website”). We at CorNeat Vision Ltd. (“Company”, “We”, “Our” or “Us”) strive to continuously bring state of the art solutions to medical and surgical ophthalmic challenges and to evaluate the use of associated technology in additional fields. We have successfully developed an artificial cornea (the CorNeat KPro) and an artificial connective tissue substitute (the CorNeat EverPatch), which will improve the quality of life for many in need.
This Website is intended to provide: (i) information about Us and Our products (whether owned by Us or exclusively licensed to Us); (ii) news, updates and information regarding past and upcoming events (iii) a platform enabling potential distribution partners to communicate with Us by filling out an online form; and (iv) a platform enabling you to communicate with Us by filling out an online form (the platforms in (iii) and in (iv) are referred to in these Terms (defined below) as the “Communication Platforms“).
1. Consent and Modification
By visiting or using this Website, you signify your assent to these Terms of Use (“Terms”) which apply to all users of this Website. If you do not agree to these Terms then please do not access or otherwise use this Website. We reserve the right, at our discretion, to modify these Terms at any time. Any modification to these Terms will become in effect immediately upon posting it on this Website, and your continued access or use of this Website, thereafter, means that you accept these modifications.
2. Ability to Accept Terms
If you are entering into these Terms, and/or using this Website, on behalf of your employer or other legal entity, you represent and warrant that you have full authority to: (i) bind said employer or other legal entity to these Terms (if they have not already done so); and (ii) use this Website on behalf of your employer or other legal entity. If you do not have the foregoing authority please do not accept these Terms, access or use this Site.
3. Site Access
For such time as these Terms are in effect, we hereby grant you permission to access and use this Website, provided that you comply with these Terms and with applicable law.
4. Restrictions
You shall not, and shall not permit any third party to: (i) copy, distribute or modify any part of this Website or to copy, use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (ii) disrupt any servers or networks connected to this Website; (iii) use or launch any automated system (including without limitation, “robots” and “spiders”) to access this Website and/or enter information onto a Communication Platform (defined above); (iv) circumvent, disable or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of this Website; (v) use the communications systems provided by this Website to send unsolicited or unauthorized commercial communications including the Use Communication Platforms; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on this Website; (vii) use Our name, logo or trademarks without Our prior written consent; (viii) use this Website to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms; and/or (ix) engage in any action, indirectly or directly, that may be harmful to Us, our software, products, Website or any function thereof.
5. Intellectual Property Rights
5.1. Content and Marks. The: (i) text, documents, articles, comments, suggestions, ideas, brochures, descriptions, graphics, photos, sounds, videos and interactive features on this Website including appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, scripts and all products sold and services offered, including any information regarding such (collectively, the “Materials“), (ii) Website products, API’s, tools, services, programs and software (collectively, the “Software“), (iii) the marks, names, trademarks, service marks and logos contained therein, whether registered or not, (collectively, the “Marks“), and (iv) User Submissions, as defined below (and together with the Marks, Materials and Software, the “Content“), are Our property, or the property of our licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. Our name, logo, and other Marks belong to Us or to Our affiliates. All other trademarks, service marks, and logos used on this Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in, and to, this Website and the Content.
5.2. Use of Content. The Content on this Website is provided to you on an ‘as is’ and ‘as available’ basis for your informational and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Our prior written consent or as expressly permitted herein. If you download or print a copy of any Content you must retain all copyright and other proprietary notices contained therein.
6. User Submissions
6.1. License to User Submissions. By submitting to Us any Materials or any other text, comment, suggestion, information or idea by using the Communication Platforms, or otherwise (“User Submissions”), you hereby grant to Us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with this Website and with Our business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and you hereby waive any moral rights in your User Submissions, to the extent permitted by law.
6.2. Suggestions. Notwithstanding and without derogating from the License detailed in section 6.1 above, we shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Materials any suggestions, enhancement requests, recommendations or other feedback provided by you (as well as relating to Our services and/or products), including by way of User Submissions.
6.3. Responsibility. You shall be solely responsible for your User Submissions and the consequences of uploading and/or submitting them.
6.4. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Us to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Website and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
6.5. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under any law including but not limited to, the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or is otherwise subject to third party intellectual property or proprietary rights, including, but not limited to, privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) violates export control laws; (vi) is unlawful, known to be false, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) is otherwise malicious or fraudulent; and/or (viii) breaches these Terms.
7. Information Description
We attempt to be as accurate as possible. However, We cannot and do not warrant that the Content available on this Website is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or to any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
8. Disclosure
Subject to the terms of the Privacy Policy (as defined below), We reserve the right to access, read, preserve, and disclose any information that We obtain in connection with this Website, and your use thereof, as We reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate their potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect Our rights, property or safety or the rights, property or safety of Our users or the public.
9. Links
This Website may offer links or hyper-links to other sites and We do not supervise or inspect them, or their reliability and legality and all that is connected with their security and their protection of privacy. Therefore, We will not bear any liability of any kind, whatsoever, in connection with the various internet pages or any other site connected to this Website. We shall not be responsible for your use of the links to this Website, for pages that are not located on this Website, or for other sites, and you undertake to adhere to and to fulfill the instructions and the terms of those sites or internet pages and to directly contact the suppliers of those sites or those pages in connection with the entry, browsing or use thereof.
10. Privacy
By accessing or using this Website you agree that We may use personal information that you provide or make available to Us in accordance with the Privacy Policy which is available at CorNeat.com/privacy-policy (“Privacy Policy“).
11. Warranty Disclaimers
11.1. THIS WEBSITE IS PROVIDED FOR INFORMATION AND EDUCATION PURPOSES ONLY. NO DIAGNOSIS OR TREATMENT CAN BE PROVIDED AND A DOCTOR/PATIENT RELATIONSHIP IS NOT ESTABLISHED BY YOUR USE OF THIS WEBSITE. THE INFORMATION CONTAINED HERE SHOULD BE USED IN CONSULTATION WITH PROVIDERS OF YOUR CHOICE AS NEEDED. NO GUARANTEES OR WARRANTIES ARE MADE REGARDING ANY OF THE INFORMATION CONTAINED WITHIN THIS WEBSITE. THIS WEBSITE IS NOT INTENDED TO OFFER SPECIFIC MEDICAL, SURGICAL OR LEGAL ADVICE TO ANYONE.
11.2. THIS WEBSITE, PRODUCTS, API’S, SERVICES, TOOLS AND CONTENT OFFERED BY US ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND PROVIDE NO PROMISES OF ANY EARNINGS OR THAT COMMERCIAL GAINS MAY BE MADE BY YOU IN ANY WAY. WE DO NOT GUARANTEE THAT THIS WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THIS WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR TO ANY THIRD PARTY INCLUDING THOSE THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THIS WEBSITE.
11.3. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, MATERIAL, SOFTWARE, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THIS WEBSITE BY A THIRD PARTY, AND WE DISCLAIM ALL LIABILITY FOR ANY SUCH CONTENT AND MATTERS. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR USER SUBMISSIONS OR CONDUCT OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION OR SITE USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE REGARDING TO ANY USER SUBMISSION, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
11.4. This section 11 applies whether or not the Content and products provided on this Website are paid for. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
12. No Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES, OF ANY KIND, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
13. Indemnity
You agree to defend, indemnify and hold harmless Us, our affiliates, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, this Website or any part thereof or therein including the Content, Materials and Software; (ii) your User Submissions; (iii) your violation of these Terms.
14. Information and Press Releases
This Website may contain information and press releases about Us. While such information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Further, information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
15. Term and Termination
These Terms are effective until terminated by Us or by you. We, in Our sole discretion, have the right to terminate these Terms and/or any or parts of this Website and/or your access to this Website, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). We shall not be liable to you or any third party for termination of this Website, or any part thereof. If you object to any term or condition of these Terms, or to any subsequent modifications thereto, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue use of this Website. Upon termination of these Terms, you shall cease all use of this Website. This Section 15 and sections 2 (Ability to Accept Terms), 4 (Restrictions) to 6 (User Submissions), 8 (Disclosure) to 13 (Indemnity) and 16 (Independent Contractors) to 19 (General) shall survive termination of these Terms.
16. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Us without restriction or notification to you.
17. Governing Law and Disputes
These Terms and the relationship between you and Us shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv - Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that We may seek injunctive relief in any court of competent jurisdiction.
18. General
We reserve the right to discontinue or modify any aspect of this Website at any time. These Terms and the Privacy Policy shall constitute the entire agreement between you and Us concerning this Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated on: July 22, 2020