Terms of Use

Welcome to http://usa.activecare.mcsmed.com (the “Website”). The Website is owned and operated by Medical Compression Systems (DBN) Ltd. (the “MCS”), a company registered under the laws of the state of Israel, with its offices at 2 Ha’Ilan Street, Or Akiva Industrial Park, Or Akiva 30600, Israel. Please read carefully the following terms and conditions (the “Terms” or “Terms of Use”), because they constitute a binding agreement between you and MCS. By accessing the Website and/or using it in any other manner, you signify your acceptance to these Terms. If you do not agree to these Terms of Use, you may not access the Website or use it in any other manner. Please feel free to submit any questions that you may have regarding the Terms to info@mcsmed.com.

About ActiveCare.mcsmed.com
The Website provides information about MCS, its products and technology, business, activities and other clinical and marketing information regarding MCS’ products. In particular, the Website offers physicians, nurses, distributors, investors and the general public information about MCS’ innovative non-invasive blood circulation solutions.

You may submit your questions and requests for additional information about MCS, its products and/or activities, through the Contact Us page on the Website.

Promotional Materials on the Website
The Website enables authorized users, like MCS’ external distributors and sales’ promoters, to access materials related to MCS’ products’ marketing, including promotional and guidance videos and other textual materials (the “Materials”). These Materials are MCS’ proprietary and are not disclosed to all Website’s users. This service requires registration with the Website, after receiving a prior authorization, along with username and password, from MCS’ marketing representatives.

By registering and using the Website and any of the Materials therein, you hereby represent and warrant that you will use the Materials only for the purpose of sales’ promotion of MCS’ products, by yourself, subject to these Terms of Use. You further agree to not disclose the username and password you receive from MCS to any third party and to prevent unauthorized access and use of the Materials from others.

Acceptable use of the Website
The following Terms define the acceptable use of the Website. While using the Website you agree to refrain from willfully, or carelessly – • Interfering with or disrupting the functionality of the Website; • Disobey or breach these Terms or any other applicable instructions conveyed by MCS and its officers; • Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation; • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; • Displaying the Website or any part thereof in an exposed or concealed frame; • Linking to certain elements on the Website (such as images) independently from the web pages on which they originally appear; • Email, transmit or otherwise make available any information and materials that infringes third party’s right, especially Intellectual Property Rights; • email, transmit or otherwise make available software viruses, Trojan horses, warms and any other malicious application to computers and networks; • Email, transmit or otherwise make available any information or material which may constitute or encourages conduct that would be constitute a criminal offense or civil wrong doing or otherwise violets any applicable law; • Email, transmit or otherwise make available any information or material which may be deemed threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable.

Registration and user account
The Website serves all Internet users. However, as aforementioned, certain services, like accessing and using the Materials, are available to registered users only. MCS’ external distributors and sales’ promoters may apply for registration with the Website at: info@mcsmed.com. Subject to MCS’ consent, in its sole discretion, you may receive a username and password to log-in, complete the registration process and access the Materials on the Website.

When you register with the Website you will be asked to provide certain contact and personal details. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or out dated information may prevent you from registering and impair MCS’ ability to provide you with the services and contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Website. We will only use your personal details in accordance with Our Privacy Policy which is available here and incorporated by reference to the Terms.

You agree to maintain your username and password in absolute confidentiality and refrain form disclosing them to others. Make sure that you change your password frequently and at least once every six months.

You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Website as a result of conveying your details to someone else.

We may deny, or cancel your account, for any reason, at any time and in Our sole discretion. We may notify you that We canceled your account by sending you a message to the e-mail address that you provided during the registration process. The cancellation will come into effect on the date stated in the message. Such notification may come into effect immediately. In addition, notwithstanding any remedies that may be available to Us under any applicable law, We may temporarily or permanently deny, limit, suspend, or terminate your account, prohibit you from accessing the Website and take technical and legal steps to keep you off the Website, if we think that – • You have abused your rights to use the Website; or, • You have breached the Terms; or, • You deliberately submitted false information; or, • You have performed any act or omission that violates any applicable law, rules, or regulations; or, • You have performed any act or omission which is harmful or likely to be harmful to MCS, or any other third party, including other users, business partners, distributors, marketing representatives and suppliers of MCS; or, • You made use of the Website to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or, • You conveyed your password to another person; or, • You have abandoned your account.

Links to other sites
The Website may contain links to other websites, information, content or online services provided by third parties. MCS does not operate, or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, MCS does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. MCS assumes no responsibility or liability for such third-party websites or services, or for their availability. MCS will 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 third party websites or content. The fact that you may find a link to a certain internet site, information or content, does not constitute authorization on the part of MCS that the link, information or content are accurate, complete or current.

Privacy
MCS respects your privacy. Click here to read the current privacy policy of the Website. It forms an integral part of these Terms. Given that the privacy policy may change from time to time, it is recommended that you read it periodically.

Intellectual Property
All intellectual property rights in the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other intellectual property right and any goodwill associated therewith, are the sole property of MCS, or of third parties by whom MCS was licensed according to law. These rights apply, among others, to information, articles, images, content, graphic design, including the Materials, data and its processing, the Website’s computer code and any other detail concerning its operation.

Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with software, modify or create derivative works of any of the content on the Websites, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including electronic, mechanical or optical means, other than expressly permitted in the Terms.

MCS’ Trademarks (whether registered or not), trade names and logos, as well as the Website’s Domain name – are the sole property of MCS. It is forbidden to use them without MCS’ prior written consent.

You must avoid any action or omission which may dilute, or tarnish the goodwill of MCS.

You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.

Disclaimer of Warranty
MCS DOES NOT ENDORSE OR RECOMMEND ANY SPECIFIC MEDICAL TREATMENT. THE CONTENT ON THE WEBSITE IS NOT MEDICAL ADVICE, IS NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED, OR CONSTRUED AS SUCH. CONSULT YOUR PHYSICIAN OR OTHER RELEVANT AND QUALIFIED HEALTHCARE PROVIDERS IF YOU HAVE CONCERNS ABOUT USING THE PRODUCTS, AND FOR ANY OTHER DIAGNOSTIC AND TREATMENT PURPOSES.

YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE AS IS, AND THEREFORE YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS MCS IN RESPECT OF THE WEBSITE’S PROPERTIES, SERVICES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF THE WEBSITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

MCS DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CORRECTNESS, ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE WEBSITE, INFORMATION AND CONTENT OBTAIND FROM THE WEBSITE, INCLUDING THE MATERIALS, OR LINK TO ANOTHER WEBSITE. MCS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRAUTED OR ERROR-FREE MANNER OR THAT THE WEBSITE IS FREE FROM ALL HARMFULL COMPONENTS, OR ERROR, OR THAT THE WEBSITES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS. USE OF INFORMATION OR CONTENT OBTAINED FROM OR THROUGH THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

Limitation of Liability
YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS MCS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER “MCS’ GROUP”) IN RESPECT OF ANY CONTENT, INFORMATION OR ADVICE UPON WHICH YOU DECIDE TO RELY FURTHER ON THE USE OF THE WEBSITE.  MCS WILL NOT BE DEEMED RESPONSIBLE FOR ANY CONTENT, INFORMATION OR ADVICE, AND RELIANCE ON SUCH CONTENT, INFORMATION AND ADVICE IS AT YOUR SOLE AND WHOLE RISK.

IN ANY EVENT, MCS’ GROUP WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DAMAGE (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT AND STRICT LIABILITY, THAT RESULT FROM, OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT THEREIN OR THE INABILITY TO USE THEM, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT OR ERROR MADE BY MCS’ GROUP’S STAFF, OR FROM YOUR RELIANCE ON CONTENT ON THE WEBSITES, OR FROM ANY COMMUNICATION WITH THE WEBSITE, OR WITH MCS’ GROUP, ON OR THROUGH THE WEBSITE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE WEBSITE, REGARDLESS OF WHETHER MCS’ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS, IF APPLICABLE AND SUBJECT TO MCS’ SOLE DISCRETION.

Indemnification
You agree to indemnify and hold harmless, MCS, at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, the content and Materials therein, any communications that you conveyed through the Website, or your breach of the Terms, or any other terms, rules or regulations applicable to the use of the Website.

Changes and Availability
MCS may from time to time change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this type by their very nature are likely to result in glitches or cause inconvenience or malfunctions. You agree and acknowledge that MCS does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.

The Website is depended on different factors such as software, hardware and communication networks of MCS, its contractors and suppliers. By their nature, these factors are not fault free or tolerant, hence MCS can’t guarantee that the Website will not be disturbed, will be timely, secure or error free.

Termination of Website’s operation
MCS may at all times, at its sole discretion, to discontinue, temporarily or permanently, the operation of the Website, or any part thereof. MCS is not obliged to give any notice prior to such discontinuation. At any time, MCS may block, remove or delete any Content from the Website, without maintaining any backup copy.

You agree and acknowledge that MCS does not assume any responsibility with respect to, or in connection with the termination of the Website’s operations and loss of any data as a result.

Changes in Ownership
MCS may incorporate the ownership or management of the Website as a separate corporation, or transfer ownership rights and title in the Website, to a third party, provided that your rights according to the Terms are not harmed by the transfer of rights. In that case, a copy of the details and information pertaining to you will be transferred to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.

No Assignment
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without MCS’ prior explicit consent in writing.

Applicable Law and Jurisdiction
These Terms will be governed solely by the laws of the State of Israel, without giving effect to any choice of law or conflict of law rules or provisions, whether of the State of Israel or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of Israel.

The competent courts in the City of Tel-Aviv-Jaffa, Israel, will have sole jurisdiction over any claim in connection with the Website and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the jurisdiction of the above mentioned courts, agree to accept service of process by mail, or by electronic mail, and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

Amendments to Terms
MCS may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 14 days after an initial notification was posted on the Website’s homepage or any other relevant web pages on the Website. Other changes will take effect 7 days after their initial posting on the Website, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered.

You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.

General
These Terms constitute the entire agreement between you and MCS with respect to the subject matter herein and supersede any and all agreements.

No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto shall be effective unless effected in writing and expressly.

The paragraph headings herein are intended solely for the purpose of orientation and reading convenience, and will not be used for interpretation purposes.

The United Nations Convention on Contracts for the international Sale of Goods will not govern the Terms.

Severability
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.

Survival
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.

Last update: November 1, 2009.