USE OF MATERIAL
This Site is owned and operated by Kyma and, unless otherwise noted, we are the sole owner or authorized licenses of all the intellectual property, including, without limitation, the copyright, trademarks, database and patents in the Site and in any software, application, text, images, graphics and other materials. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Kyma or any other use of the materials not expressly permitted in these Terms is prohibited. Kyma consents to you browsing this Site on your computer or printing copies of extracts from these pages for your personal use only and not for commercial redistribution unless you have obtained Kyma’s prior written consent. Individual documents on our Site may be subject to additional terms indicated in those documents and you hereby agree to comply with the terms specified in those documents. If you download any materials from this Site you must retain all copyright and other proprietary notices contained therein. The use of press releases and other documents classified as public is permitted in public communications if the source of the information has been attributed. You are hereby restricted from and you shall not (and not allow any third-party to) send or receive or in any manner transmit any materials (“Content”) that: (i) infringe upon or violates any patent, copyright, trade secret, trademark or other intellectual property right of any third-party, or any applicable law, rule or regulation in any jurisdiction in which Content may be viewed or retrieved; (ii) contain viruses, or other harmful computer code, files or programs; (iii) disrupt or overload servers or networks connected to the Site; (iv) circumvent, disable or otherwise interfere with the Site's security-related features or technical restrictions; (v) use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (vi) collect or harvest any personally identifiable information from the Site or invade the privacy rights of any person; (vii) and/or (vi) use the Site in a manner that violates any applicable laws, rules or regulations or for any illegal, harmful or unauthorized purpose or in any manner that breaches the Terms.
LINKS TO THIRD-PARTY SITES
NO MEDICAL ADVICE
This Site is intended to provide the user with information regarding Kyma and our products/services and is not intended to offer any medical advice for the treatment or diagnosis of chronic heart failure or any other medical condition. Your continued good health is of the utmost importance to us and we strongly recommend that you address specific questions regarding your medical condition to your physician or other healthcare professionals.
If you choose to submit any Content to us you agree that you own or have the right to submit such Content. In addition, you grant Kyma an irrevocable, worldwide, non-exclusive, fully paid, royalty free, sub-licensable and transferable license and right to access, store, reproduce, adapt, modify, edit, prepare derivative works, translate, display, distribute and otherwise exploit or use your Content in connection with the Site and Kyma’s business, without notice, obligation or compensation to you. Kyma, at its sole discretion, reserves the right to edit, censor, remove and or delete any Content submitted by you for no reason and without notice. You agree that you are solely responsible for your Content.
You expressly understand and agree that your use of the Site and Content is at your sole risk. The Site is provided on an "as is", "with all faults" and "as available" basis without any warranty or condition of any kind, express or implied. KYMA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KYMA DOES NOT WARRANT THAT (I) THE SITE WILL BE FREE OF ERRORS, VIRUSES, OR SECURITY BREACHES, OR THAT ERRORS WILL BE CORRECTED, (II) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR TIMELY, OR (III) THE SITE WILL MEET YOUR REQUIREMENTS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT KYMA WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING BUT NOT LIMITED TO PROBLEMS IN CONNECTION WITH THE INTERNET SUCH AS TRAFFIC CONGESTION, OVERLOAD OF SERVERS OR SLOW CONNECTIONS). ACCESS AND USE OF THE SITE, AND/OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE SITE OR ANY CONDUCT AS A RESULT OF ANY ADVERTISEMENT DISPLAYED THEREON IS DONE AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KYMA OR THROUGH THE SITE OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, KYMA SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND ARISING HEREUNDER OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF KYMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).
You agree to defend, indemnify and hold harmless Kyma and our respective officers, directors, agents, consultants and employees from any third-party claims, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from (i) your use, misuse of or inability to use the Site, (ii) your violation of these Terms, any applicable law or third-party right, (iii) any act or omission by you, including without limitation, acts or omissions constituting (a) an infringement or misappropriation of any intellectual property rights, (b) defamation, libel, slander, obscenity, pornography or a violation of privacy or publicity rights, (c) spamming or any other offensive, harassing or illegal conduct, and/or (iv) your submission of Content, access and/or use of the Site and interactions with another user or other third-party, This obligation will survive these Terms and your use of the Site. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at our expense, and you will fully cooperate with us in such defense and not in any event settle any claim without Kyma's prior written consent.
MODIFICATION/TERMINATION OF TERMS AND/OR SERVICES AND/OR TERMINATION
We may change these Terms from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. Your continued use of the Site signifies your consent and agreement to the Terms as modified.
You hereby agree and acknowledge that we are permitted to limit, disable, eliminate or cancel some or all of the functionality of the Site at any time. You agree that we will not be liable to you or to any party for any such modification, suspension or discontinuance of the Site.
These Terms shall continue until terminated as set forth herein. If you object to any term of these Terms or become dissatisfied with the Site, your only remedy is to immediately discontinue use thereof. In our discretion, we may terminate your access to the Site, or any part thereof, at any time without notice and with or without cause, and we shall not be liable therefor. Upon termination hereof: (i) the licenses and other rights granted to you hereunder will automatically terminate, (ii) you shall promptly cease all use of the Site, and (iii) any of your submitted Content will no longer be accessible by you via the Site. Termination is not our exclusive remedy, and all other remedies will be available to us whether or not your use of the Site under these Terms is terminated.
(a) No agency. Nothing herein shall be construed to create any employment relationship, partnership, joint venture or agency relationship or to authorize any party to enter into any commitment or agreement binding on the other party. (b) Assignment. You may not assign or transfer any rights or obligations hereunder without our prior written consent. Any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification. (c) Entire Agreement. These Terms, together with any other legal notices published by us on the Site, shall constitute the entire agreement between you and us concerning the Site. (d) Severability. If any term hereof shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that term shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. (e) Waiver. Our failure to exercise, or delay in exercising, any right or provision of these Terms will not constitute a waiver any such right or provision. (f) Amendment. No amendment hereof will be binding unless in writing and signed by us. (g) Jurisdiction; Choice of Law. These Terms shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Israel without regard to its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the competent courts located within Tel Aviv - Jaffa, Israel. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. (h) CISG. The United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. (i) Language. The parties agree that all correspondence relating hereto shall be written in the English language. (j) Paragraph Headings. The paragraph headings in these Terms are included to make the Terms easier to read and have no binding effect.
If you have any questions, complaints or claims regarding the Site you may e-mail Kyma at firstname.lastname@example.org.