| This version
effective January 17, 2004.
This is an Agreement between you and MagenDavidMeds.com, and governs
your use of the MagenDavidMeds.com Web site at www.MagenDavidMeds.com
and its content (collectively the "Main Site") as well
as your use of the MagenDavidMeds.com secure ordering site and
its content (collectively the "Secure Site"), where both
the Main Site and Secure Site are collectively referred to as the "Site".
Each time you use the Site you signify your acceptance and agreement,
and the acceptance and agreement of any person you purport to represent
(and for purposes of this Agreement, "person" includes
natural persons and any type of incorporated or unincorporated
entity), without limitation or qualification, to be bound by this
Agreement, and you represent and warrant that you have the legal
authority to agree to and accept this Agreement on behalf of yourself
and any person you purport to represent.
Please take some time to familiarize yourself with these provisions.
If you do not agree to these terms and conditions, you should immediately
discontinue any use of the Site. Also note that these terms and
conditions may change from time to time, and it is your responsibility
to check for such updates. This Agreement in effect since January
17, 2004.
1. Reserved rights and grant of limited license
- Copyright © 2005 MagenDavidMeds.com
All rights reserved.
- The Site may be used only by persons who
are at least the age of majority where they reside and can form
legally binding contracts under applicable law. The Site may
not be used by persons in jurisdictions where access to or use
of the Site or any part of it may be illegal or prohibited. If
you are allowed to access the Site, subject to the terms above,
you are granted a limited license to use (display or print) short
extracts of the data and information (collectively, the "Information")
for your own personal non-commercial use only, provided the
Information is not modified and you shall be fully responsible
for any consequences resulting from such use. Any other use
of the Information without MagenDavidMeds.com's prior written
consent, including, but not limited to, any reproduction, republication
or re-dissemination in any manner or form is prohibited.
- MagenDavidMeds.com
will take appropriate legal action to enforce its rights.
2. No linking, framing, mirroring, scraping, data-mining and postings
- Links to the Site without MagenDavidMeds.com's
express written permission are strictly prohibited. To request
permission to link to the Site, please contact MagenDavidMeds.com.
The framing, mirroring, scraping or data-mining of the Site or
any of its content in any form and by any method is strictly
prohibited.
- You may not use any collaborative browsing
or display technologies in connection with your use of the Site
or to post comments, communications, or any other data of any
kind to or on the Site with the intention that such postings
may be viewed by other users of the Site.
3. Termination of this agreement
- If you breach any provision of this
Agreement, you may no longer use the Site. MagenDavidMeds.com
may, at any time and for any reason and in its sole discretion,
change, suspend or terminate, temporarily or permanently, the
Site or any part of it, or your permission to use the Site, without
any prior notice or liability to you or any other person. If
this Agreement or your permission to use the Site is terminated
by you or MagenDavidMeds.com for any reason, then:
- this Agreement
will nevertheless continue to apply and be binding upon you
in respect of your prior use of the Site; and
- MagenDavidMeds.com
may continue to use and disclose your personal information
submitted on the Main Site in accordance with the MagenDavidMeds.com
Privacy Policy as amended from time to time.
4. No endorsement
- The Site may contain links to other
sites, which are provided only as references to help you identify
and locate Internet resources that may be of interest. Such other
sites were independently developed by parties other than MagenDavidMeds.com,
and MagenDavidMeds.com does not assume responsibility for the
accuracy or appropriateness of the information contained at such
sites. In providing links to other sites, MagenDavidMeds.com
is in no way acting as a publisher or disseminator of the material
contained on those other sites and does not seek to control the
content of, or maintain any type of editorial control over, such
sites.
- A link to another site should not be construed
to mean that MagenDavidMeds.com is affiliated or associated with,
or is legally authorized to use any trademark, trade name, logo
or copyrighted symbol that may be reflected in the link or the
description of the link to such other sites.
5. No liability
- MAGENDAVIDMEDS.COM DOES NOT ACCEPT
ANY LIABILITY FOR YOUR USE OF THE SITE. YOUR USE OF THE SITE
IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS,
WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION
IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PERSON.
- MAGENDAVIDMEDS.COM
IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER
CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE
OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING
ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION,
PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, WHETHER THE ACTION
IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER TORTUOUS
ACTION.
- MAGENDAVIDMEDS.COM DISCLAIMS ANY LIABILITY
FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE.
6. Trademarks
- Certain words, phrases, names, designs
or logos used on the Site may constitute trademarks, service
marks or trade names of MagenDavidMeds.com or other entities.
The display of any such marks or names on the Site does not imply
that a license has been granted by MagenDavidMeds.com or other
entities.
7. Confidentiality
- MagenDavidMeds.com takes all reasonable
precautions and implements reasonable safety measures to protect
information submitted through the Secure Site which you use to
place an order.
- The Main Site (and the Internet generally)
is not a secure medium and privacy, even at the Secure Site,
cannot be ensured. Internet e-mail is vulnerable to interception
and forging. MagenDavidMeds.com will not be responsible for any
damages you or any third party may suffer as a result of the
transmission of information that you make to MagenDavidMeds.com
through the Main Site, or that you expressly or implicitly authorize
MagenDavidMeds.com to make, or for any errors or any changes
made to any transmitted information.
- All information submitted
to MagenDavidMeds.com via the Main Site shall be deemed and remain
the property of MagenDavidMeds.com, and MagenDavidMeds.com shall
be free to use, for any purpose, any ideas, concepts, know-how
or other techniques contained in information provided to MagenDavidMeds.com
through the Main Site or sent through e-mail. MagenDavidMeds.com
shall be subject only to the obligations of confidentiality regarding
any such information as contained in paragraph 8 "Privacy
Policy" below
or required by law.
- Any and all information submitted to MagenDavidMeds.com
through its Secure Site when placing an order is governed by
the terms stated in the Order Form and is kept confidential.
8. Privacy Policy
- On the Main Site, MagenDavidMeds.com
collects, uses and discloses your personal information in accordance
with the MagenDavidMeds.com Privacy Policy. By accepting this
Agreement, and each time you use the Site, you consent to MagenDavidMeds.com's
collection, use and disclosure of your personal information in
accordance with the Privacy Policy as it then reads without any
further notice or any liability to you or any other person.
- Information
collected on the Secure Site is governed by the privacy terms
stated in the Order Form.
9. Computer viruses
- While every effort is made to ensure
that all information provided at the Site does not contain computer
viruses, you should take reasonable and appropriate precautions
to scan for computer viruses and should ensure that you have
a complete and current backup of the applicable items of information
contained on your computer system. You should pay specific attention
to some of the newer viruses that have been written to automatically
execute when an infected word processing document is loaded into
certain word processing programs.
10. Choice of law
- The laws of Israel applicable therein
shall govern as to the interpretation, validity and effect of
this Agreement notwithstanding any conflict of laws, provisions
or your domicile, residence or physical location. You hereby
consent and submit to the non-exclusive jurisdiction of the courts
of Israel in any action or proceeding instituted under or related
to this Agreement.
- You agree not to impersonate another person
in your use of the Site or the sending of any e-mail to an address
listed on the Site.
11. General terms
- This Agreement, including any changes
made to this Agreement from time to time, constitutes the entire
agreement between you and MagenDavidMeds.com relating to your
use of the Site, and supersedes all previous agreements, written,
oral or otherwise, between you and MagenDavidMeds.com with respect
to your use of the Site.
- If any provision of this Agreement is
found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed to be severed from the rest
of this Agreement and shall not affect the validity and enforceability
of any remaining provisions.
- The
provisions of this Agreement will ensure to the benefit of and
be binding upon each of MagenDavidMeds.com and its successors
and assigns and related persons, and you and your heirs, executors,
administrators, successors, permitted assigns, and personal representatives.
You may not assign this Agreement or your rights and obligations
under this Agreement without the express prior written consent
of MagenDavidMeds.com which may be withheld in MagenDavidMeds.com's
sole discretion. MagenDavidMeds.com may assign this Agreement
and its rights and obligations under this Agreement without your
consent.
- No consent or waiver by either party to
or of any breach or default by the other party in its performance
of its obligations under this Agreement will be deemed or construed
to be a consent to or waiver of a continuing breach or default
or any other breach or default of those or any other obligations
of that party. No consent or waiver will be effective unless
in writing and signed by both parties.
- All Sections of this Agreement
survive indefinitely after the termination of this Agreement.
If you have questions about our Web Use Policy, Contact
our Israeli Internet pharmacy.
|