Last Revised: March 25, 2010
Andromeda Biotech Ltd. ("Andromeda") welcomes you to its website (www.andromedabio.com) (the "Site").
Changes to the Site and these Terms:
Site access may not be available at all times or in all areas. Andromeda may permit you to enter this Site and/or deny entry to you, at any time and upon its sole discretion. Andromeda reserves the right to modify or discontinue, temporarily or permanently, this Site (or any part thereof) without notice, at any time. You agree that Andromeda shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site and Information (including product descriptions, products development status, contact information, information about Andromeda, its management team, shareholders, investors and business partners, information about Andromeda's business transactions, other specialized content, including scientific and professional content, documentation, data, and related graphics and other features) (collectively, the “Information”) offered herein. The Terms may be revised and updated from time to time without providing you with any notice. You can review the most current version of the Terms at any time on this webpage. All new features made available through this Site that were not made available as of the "Last Revised" date above, shall automatically become subject to these Terms. Your continued use of this Site after ANY such changes will indicate your acceptance of such changes.
Use of Site:
Andromeda provides users of this Site with access to certain content concerning Andromeda, its products and Information, without warranty, either expressed or implied, and as a complimentary service for informational, personal and non-commercial purposes only. You hereby acknowledge and agree that nothing on this Site shall be construed as conferring any express or implied rights to you except as expressly provided herein.
Without the prior written notice by Andromeda, you may not (i) use the Information or this Site for commercial purposes; (ii) reproduce, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Information from this Site in any way or publicly display, perform, or distribute such Information; (iii) make any use of this Information on any other website or networked computer environment for any purpose, or replicate or copy Andromeda's Information or Site ; (iv) create a browser or border environment around Andromeda Information (such as "frames" or "inline linking"); (v) interfere with or violate any user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Site without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine ; (vi) sell, license, or exploit for any commercial purposes any use of or access to the Information or this Site; (vii) mirror any part of this Site ; or (viii) create a database by systematically downloading and storing all or any of the Information from this Site. Your failure to comply with the provisions set forth herein may result in the termination of your access to this Site and may expose you to civil and/or criminal liability.
Andromeda respects your privacy and is committed to protect any personal information that you may share with it. Andromeda may receive information, including personal information, from you only through e-mails that you may choose to send to Andromeda at your free will. In such case Andromeda will not share the personal information you may provide in your e-mails with any other third parties, except (a) with your consent, or (b) as may be required by law.
Links to Third Party Sites:
Certain links provided herein permit you to leave this Site and enter non-Andromeda World Wide Web sites or resources. Those linked sites are provided solely as a convenience to you. These linked sites are not under the control of Andromeda and Andromeda is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. Andromeda reserves the right to terminate any link at any time. You further acknowledge and agree that Andromeda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.
Intellectual Property Rights:
The Information and data presented in this Site contain proprietary information of Andromeda and/or its licensors, whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The trademarks, service marks and logos used and displayed on this Site are registered and unregistered trademarks and service marks of Andromeda and others. Andromeda's technology, services, Information and products may be protected by one or more United States, Israeli and/or other international patents or patents pending. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Information and/or Andromeda trademark, service mark or logo used or displayed on this Site without the prior express written permission of Andromeda.
DISCLAIMER AND WARRANTIES:
THE INFORMATION AND ANY OTHER CONTENT AT THIS SITE ARE PROVIDED "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THIS SITE. FURTHER, NOTHING IN THIS SITE GUARANTEES THE QUALITY OF ANY OF THE PRODUCTS SHOWN ON THIS SITE OR THEIR SUITABILITY FOR ANY PURPOSE BEYOND THE GUARANTEE PROVIDED WITH THE PRODUCT AT THE TIME OF PURCHASE. The Information and any other material provided through this Site may be inaccurate, incomplete, out of date or contain technical inaccuracies, typographical errors or other mistakes. Andromeda makes no commitment to correct or update the Information or any other material provided through this Site. Andromeda does not warrant that its Site will be uninterrupted or error-free. Without derogating from the foregoing, Andromeda may make corrections or other changes to this Information at any time. NOTHING IN THIS SITE SHOULD BE CONSTRUED AS A SOLICITATION OR OFFER TO SELL ANY GOODS OR SERVICES BY ANDROMEDA.
Limitation of Liability:
THE USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL ANDROMEDA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE, INABILITY TO USE, OR USE OF ANY WEB SITES LINKED TO THIS SITE OR THE INFORMATION OR MATERIAL CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS OF WHETHER ANDROMEDA OR AN AUTHORIZED ANDROMEDA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONLY WHERE LIABILITY IS MANDATORY, LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE FORESEEABLE DAMAGE NORMALLY COVERED BY A CONTRACT EXCEPT IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, AND, IN ANY EVENT, SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANDROMEDA.
Representations and Warranties; Indemnity:
You represent and warrant that you will comply with all applicable laws in connection with your use of this Site and any services provided hereunder. You agree to defend, indemnify, and hold harmless Andromeda and its directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with this Site or services; or (b) any violation of these Terms.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the Tel Aviv, Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms are the entire terms and conditions between you and Andromeda relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Andromeda. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For information or questions, please contact Andromeda at:
Andromeda Biotech Ltd.
42 Hayarkon Street