Terms of Use

These terms of use (“Terms of Use” or “TOU”) is a legally binding agreement between You, the user that will be utilizing MST site (referenced below as “You” or “User”), and MMST Medical Surgery Technologies Ltd., a company incorporated under the laws of the state of Israel (“MST”, “We”, “Our”), with respect to the use of MST websites and any related services (the “Site” and “Services”).

By using the Site, You accept the terms and conditions hereof. MST reserves the right, in its sole discretion, to modify these Terms of Use at any time by posting the modified provisions at  http://mst-sys.com/terms-of-use/, and You shall be responsible for reviewing and becoming familiar with any such modifications. Please note that any such modifications shall become effective immediately upon posting. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS AND USE ANY PART OF THE SITE.

The Site

The Site offers information regarding MST’s business, technology, products and services.

  1. You should assume that everything You see or read on this Site may not be used except as provided in these Terms of Use or in the text on the Site, without the written permission of MST.
  2. Any communication or material You transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.
  3. Images of people or places displayed on the Site are either the property of, or used with permission by, MST. The use of these images by You, or anyone else authorized by You, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws (see “Intellectual Property Information” below), the laws of privacy and publicity, and communications regulations and statutes. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of MST.
  4. The Site may contain links to other third parties’ websites, applications or features, or referrals to certain third parties’ products or services that are not owned or controlled by MST and that MST has no control over. MST has not reviewed any or all of the websites linked to this Site and is not responsible for the content, terms of use or the privacy policies that apply and governs your use of such any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is done so at your own risk and without the permission of MST. MST does not make any representation or warranty whatsoever regarding such third party’s websites, applications, features, services, products or content. MST also does not endorse and cannot ensure that You will be satisfied with any content, products or services that You accessed, purchased or download from such third parties, and is not responsible or liable in any manner for your interaction with such third parties.
  5. Guidelines for Linking to this Site ATTENTION: LINKING TO MST’S SITE INDICATES THAT YOU ACCEPT MST’S TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.
    If You link to MST’s Site, You agree that You:
  • May link to, but not replicate, MST Site Content (as defined below)
  • Shall not frame or otherwise create a browser or border environment around MST Site Content
  • Shall not imply that MST is endorsing You or your products
  • Shall not misrepresent You or your site’s relationship with MST
  • Shall not present false, misleading or inaccurate information about MST or MST’s products or services on your site or otherwise disparage MST’s products
  • Shall not use MST’s logos without express prior written permission from MST
  • Shall not include content on your site that is or could be construed as illegal, distasteful, offensive or controversial and shall include on your site only content that is appropriate for all age groups
  • Shall not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this site on another site without MST’s prior written permission.

General Terms of Use

  • You hereby warrant that You have the authority to enter into these Terms of Use, and that your use of the Service on behalf of any third party is authorized by such a third party. If You learn of an unauthorized use of the Site by a third party we encourage You to notify us.
  • If You send MST feedbacks or suggestions regarding the Site, You acknowledge that MST may use them at its sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions.
  • You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Site, and for any fees charged by third parties in connection therewith, and MST shall have no responsibility or obligation in connection therewith.
  • MST may (i) change, suspend or discontinue the Site (or any part thereof) at any time, including the availability of any feature, Content or database, without notice or liability; (ii) offer alternative and/or additional site to certain Users, that may not be offered to other Users. You acknowledge that MST may impose limits on certain features or restrict your access to the Site (or any part thereof) without notice or liability.

Disclaimers

MST, the owner of this Site, will use reasonable efforts to include up-to-date and accurate information in this Site, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided.

This Site may provide links or references to other sites but the owners of this Site have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Site.You expressly acknowledge and agree your use of this Site is at your own and sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is solely with You. Neither MST, any of its agencies, nor any other party involved in creating, producing, or delivering the Site will be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.

Without limiting the foregoing, everything on the Site is provided to You “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NONINFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE. MST DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.

IN NO EVENT SHALL MST, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OF USE, THE SITE, OR YOUR USE OF, YOUR RELIANCE ON OR INABILITY TO USE ANY OF THEM, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER MST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREATE LIABILITY OF MST AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS OF USE OR ARISING OUT OF OR OTHERWISE RELTATED TO YOUR USE OF THE SITE EXCEED THE FEE ACTUALY PAID (IF ANY) BY YOU TO MST FOR THE USE OF THE SITE WITH RESPECT TO THE CLAIM OR CAUSE OF ACTION.

MST also assumes no responsibility, and shall not be liable for, any damages to, bugs, viruses, trojan horses, or the like that may infect, your computer equipment or other property on account of your access to, use of, browsing in the Site, or your downloading of any materials, data, text, images, video, or audio from the Site. Without derogating from the foregoing, MST assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of the Site, (iii) any interruption or cessation of transmission to or from our Site, and/or (iv) any errors or omissions in in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.

Although MST may from time to time monitor or review emails, discussions, postings, transmissions, and the like on the Site, MST 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, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. MST will fully cooperate with any law enforcement authorities or court order requesting or directing MST to disclose the identity of anyone posting any such information or materials.

Intellectual Property Information

MST retains all right, title, and interest in and to the Site and Services (including all related intellectual property rights). All photos, texts, scripts, designs, graphics, audios, videos, songs, interactive features, trademarks, trade names, logos, taglines, service marks, trade dress, designs, products and other content (collectively the “Content”) used, included, incorporated, uploaded, posted, published or displayed on the Site, whether marked or unmarked, registered or unregistered are the sole property of MST and/or their licensors.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content displayed on the Site without the written permission of MST or such third party that may own the Content displayed on the Site. Your use of the Content displayed on the Site, including any proprietary information, patent, copyright, trademark, trade secret, or any other intellectual property right and related content on the Site, except as provided in these Legal Statements, is strictly prohibited. You are also advised that MST will strictly and aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The materials of this Site are protected by Copyright and Trademark Laws of the U.S., Israel and other countries and are owned by, or licensed to MST. All Content of this Site is owned or controlled by MST. You may download Content only for your personal use for non-commercial purposes but no modification or further reproduction of the Content is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used, in whole or in part, except as provided herein without the express prior written permission of MST or any relevant third party.

For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, the Content or any part thereof.

MST neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with MST.

MST maintains this Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for personal, noncommercial use only provided You also retain all copyright and other proprietary notices contained on the materials.

Prohibited Use

You hereby warrant, represent and undertake that You will not, and will not permit or authorize third parties to: (a) use the Site in any way that: (i) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) infringes, violates, misuse or otherwise interferes with any copyright, patent, trademark, trade secret or other intellectual property right or contractual rights of any third party; (iii) is illegal or encourages or advocates illegal activity; (b) post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (c) contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Site or any system, computer software, hardware or telecommunications equipment; (d) create a false identity or impersonate another person; (e) “stalk” or otherwise harass another user or commit any act that is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the Internet; or (f) violate these Terms of Use and any applicable local, state, national or international law or regulation.

In addition, except as expressly authorized herein, You will not permit or authorize third parties to: (a) take any action intended to circumvent or disable the operation of any security feature or measure of the Site; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Site, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Site or any part thereof; (d) access the Site or MST’s facilities via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (e) use the Site in any manner that is illegal or not authorized by these Terms of Use.

Privacy Policy

The User acknowledges and agrees that MST may collect certain data and other information about Users through the Site. Our collection and use of such information is governed by our privacy policy, which is incorporated into these Terms of Use by reference and is also available at:  http://mst-sys.com/privacy-policy/ (the “Privacy Policy”). By using our Site, You acknowledge that You have reviewed the Privacy Policy and agree to be bound by its terms and conditions.

Indemnification

Upon its first demand, You will indemnify and hold MST, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) caused due to Your access and use of the Site in violation of these Terms of Use or in violation or infringement of any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of any User or other third party.

Reporting of Intellectual Property Infringements

If You believe in good faith that any material or content made available on or through the Site has been used or exploited in a manner that infringes or violates any of your rights, please send us prompt written notice thereof via e-mail (at: info@mst-sys.com)

Miscellaneous

  • These Terms of Use and its performance shall be governed by the laws of the State of Israel, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the courts of Tel – Aviv district.
  • These Terms of Use and Privacy Policy constitute the entire agreement between You and MST with respect to the use of the Site, and supersede all prior or contemporaneous understandings regarding such subject matter.
  • MST reserves the right to update these Terms of Use from time to time, with or without notice. If so, MST will post its updated Terms of Use on the Site. Your continued use of our Site will be subject to the then-current Terms of Use. If any modification is unacceptable to You, You may cease using the Site. If You do not cease using the Site, You will be deemed to have accepted those modifications.
  • MST may assign at any time any of its rights and/or obligations hereunder to any third party without the User’s consent.
  • These Terms of Use will also govern any future upgrades or updates or new releases provided by MST in connection with the Site, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
  • In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • The failure of MST to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed by MST in writing.
  • If You have any questions or queries about these Terms of Use or our Site in general, please do not hesitate to contact us via e-mail at: info@mst-sys.com.

All rights reserved. All materials are provided for noncommercial personal use only.