Terms and Conditions

TERMS OF USE OF THE BATM WEB SITE

BATM Advanced Communications Ltd., and/or its affiliates (hereinafter "BATM") operates and owns this web site (hereinafter - the "Site").

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (hereinafter - "AGREEMENT") CAREFULLY BEFORE USING THIS SITE.  BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACCEPT AND AGREE WITHOUT ANY LIMITATION OR QUALIFICATION TO BE LEGALLY BOUND BY ALL OF THE FOLLOWING TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED HEREIN:

1.  Interpretation

1.1 If you are accessing this site as a representative of an organization, the Agreement binds both you individually and the organization and references to "you" and "your" shall be construed to apply jointly and severally to you individually and the organization.

1.2 BATM reserves the right to modify and/ or amend the Agreement without notice and any such modification and/or amendments are effective when they are posted on the Site.

2.  Prohibited use

2.1  As a condition of your use of this Site, you will not use the Site and/or any information contained herein for any purpose that is unlawful or prohibited by agreement. You will not use this Site in any manner that could damage, disable, overload or impair the operation of this Site or use by third parties.

2.2  Any copying, reproducing, modifying, disseminating, displaying, or transmitting any of the contents of the Site for any purposes are strictly prohibited, other than as explicitly provided in the Agreement.

2.3  Systematic retrieval of data and/or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written consent of BATM is strictly prohibited.

2.4  You further agree not to: (i) delete or amend any data, information, or materials on the Site; or (ii) harvest or otherwise collect information about others from the Site, including e-mail addresses, without their consent; or (iii) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; or (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any operation being conducted on the site; or (v) use or attempt to use any engine, software tool, or other device or mechanism (including without limitation browsers, spiders, robots, or intelligent agents) to navigate or search the Site other than the search engine and search agents available from BATM on the Site and other than generally available third party web browsers; or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.

3.  Copyright

3.1  The contents of this Site are copyrighted and belong exclusively to BATM. Any rights not expressly granted herein are fully reserved.  Any reproduction, transfer, dissemination or storage of part or all of the contents in any form without the prior written permission of BATM is strictly prohibited.

3.2  The use of this Site and the contents therein is permitted for private, non-commercial use only, provided that you keep and retain all copyright and other proprietary notices contained in the materials or as specified on the Site.  You may not distribute, modify, transmit, re-use, re-post, or use the content of the Site, including the text, images, audio, and video, for public or commercial purposes without BATM's prior written consent.

3.3  Any images displayed on the Site is the property of BATM and may not be used without BATM's prior written permission. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

3.4  BATM neither warrants nor represents that your use of any information, materials and/or data or any other contents displayed on the Site will not infringe rights of third parties.  Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any BATM Intellectual Property Rights (including, but not limited to any patent, trademark, trade name, copyright or trade secret).

4.  Trademarks

4.1  All rights in the BATM products' names, company names, trademarks, logos, product packaging, and designs of all BATM or third-party products or services, whether or not appearing in large print of with or without the trademark symbol, belong exclusively to BATM or to their respective owners and are protected from reproduction.

4.2  The absence of mentioning in this Site that any name, or logo, or brand is a registered trademark or service mark in no way implies that there is no protection of these marks, trade names, words or signs.

4.3  Any product, process, method or technology described in this Site may be the subject of other intellectual property rights reserved by BATM or a third party. 

5.  Links to Third-Party Sites

5.1  Your use of, or linking to any content on the Site, except as provided in this Agreement, is strictly prohibited.

5.2  This Site may contain links to other web sites (hereinafter - "Linked Sites").  The Linked Sites are not under the control of BATM and BATM is not responsible for the contents of the Linked Sites. If you link to any other Linked Sites or any other web sites, you are leaving the Site. If you decide to access any of the third-party Linked Sites, or if you link to this Site from some other web site, you do this entirely at your own risk.

5.3  The inclusion of such Linked Sites is not an endorsement by BATM in favor of any companies, institutions, organizations, products or services on the Linked Sites.  BATM is providing Linked Sites for your convenience only and therefore BATM reserves the right to terminate any link or linking program at any time.

6.  Information uploads

6.1  Any information or material you submit to this Site by any means will be treated as non-confidential and non-proprietary and may be used by BATM for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Site will be used by BATM in strict confidence and not disclosed to a third party.

6.2  Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that: (i) is copyright protected or reveals any trade secrets, unless you are the copyright owner; (ii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iii) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by BATM in its sole and exclusive discretion; (iv) is sexually explicit; or (v) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (vi) contains viruses, trojans, worms, time bombs, and/or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, and/or expropriate any system, data or information.

6.3  BATM reserves the right to review postings on the Site, to remove any postings, and to terminate your ability to post to the Site, at any time, without notice, in BATM sole discretion. BATM also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

7.  Site Security

7.1  Upon accessing the Site, you further agree not to violate or take any action which might violate or attempt to violate the security of the Site, including, without limitation:

* Accessing data not intended for you or logging into a server or account that you are not authorized to access;

* Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

* Attempting to interfere with the use of any other user, host or network, including, without limitation, by way of submitting a virus to, or overloading, carrying out any actions commonly known as "spamming", "mail-bombing" or "crashing" the Site;

* Sending unsolicited e-mails, including promotions and/or advertising of products or services; or

* Providing any false TCP/IP packet header or any part of the header information in any e-mail or posting.

7.2  Violations of system, network or Site security may result in civil or criminal liability. BATM will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

8.  No Warranties; Limitation of Liability; Indemnity

8.1  THIS SITE AND ALL SITE INFORMATION IS PROVIDED BY BATM ON AN "AS IS"BASIS. BATM MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ("IPR"). ANY RELEVANT LEGISLATION GOVERNING THE USE OF ANY BATM PRODUCT SHOULD BE OBSERVED BY THE USER TO ENSURE THAT THE USE OF THE PRODUCT AND ANY LABELING IS IN COMPLIANCE WITH ANY LOCAL OR NATIONAL LEGISLATION. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED ARE HEREBY EXPLICITLY EXCLUDED.

8.2  BATM makes no warranties or representations as to the accuracy of the contents of this Site. BATM shall not held responsible for any action taken that is based on the information presented on the Site, and all users do so at his/her own risk. BATM assumes no liability or responsibility for any errors or omissions in the content of the Site.

8.3  Your use of and browsing in the Site are at your own risk. Neither BATM nor any other party involved in creating, producing, hosting or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out your access to, or use of the Site and/or its contents.

8.4  BATM also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, or browsing in the Site or downloading of any materials, data, images, video or audio from the Site.

8.5  IN NO EVENT WILL BATM OR ITS MANAGERS AND/OR OFFICERS AND/OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE.

8.6  You agree to release, defend, indemnify and hold BATM fully harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Site or any Site information.

8.7  BATM makes no representations or promises to develop or provide or market any product or service discussed on this Site, and you shall not rely on the information provided or the prospects of availability of any products discussed in the future.

8.8  Although BATM may from time to time monitor or review discussions, chats, postings, transmissions, message boards, and the like on the Site, BATM is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, promotional materials, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within  such locations on the Site.  BATM will fully cooperate with any law enforcement authorities or court order requesting or directing BATM to disclose the identity of anyone posting any such information or materials.

8.9  The Site has been designed to provide general information about BATM and its products. These pages are not intended to provide investment advice and/or medical advice regarding any of BATM's bio-med, diagnostics or medical testing equipment, nor do they provide instruction on the appropriate use of products manufactured or sold by BATM and/or its Affiliates or products currently under development by BATM, its affiliates, related companies, or its licensors or joint venture partners. Information on this Site regarding products approved for marketing is qualified in its entirety by reference to the full prescribing information for such products.

8.10  Nothing on this Site constitutes an invitation or offer to invest or deal in the securities of BATM.  In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this Site and past performance of the price of BATM shares must not be relied on as a guide to their future performance.

9.  Termination

9.1  BATM reserves the right, in its sole and exclusive discretion, to terminate your access to all or part of this Site, with or without notice and without any liability.

10.  Miscellaneous

10.1  Any information supplied in any way, whether by telephone, e-mail, letter, facsimile, internet transmission or other form of communication, is intended solely as general guidance and does not constitute legal, tax, accounting, marketing, medical or other professional advice.  Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. You agree not to import, or transfer, directly or indirectly, any part of this Site or any Site information provided on or pursuant to this Site except in full compliance with all local, foreign and other applicable laws and regulations.

10.2  If one or more of the provisions in this Agreement are found to be unlawful or unenforceable or void by law, the remaining provisions will remain in full force and effect. The court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision).

10.3  BATM may assign its rights and duties under this Agreement to any party, at any time, without notice to its users.

10.4  By accessing and browsing the Site, you accept, without limitation or qualification, the terms of the Agreement and acknowledge that any other agreements between you and BATM concerning the Site are superseded to the extent they conflict with the terms and conditions in this Agreement.

10.5  The Terms of Use of the BATM Site are to be read together with BATM's Privacy Policy which complements and constitutes an integral part of the Agreement.

11.  Jurisdiction

11.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without regard to the conflicts of laws principles thereof, and any dispute and/or claims arising hereunder shall be resolved solely and exclusively in the competent courts of Tel-Aviv, Israel to which the User of this Site irrevocably consents to.

© 2019 All rights reserved to BATM Advanced Communications Ltd.