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» Terms of Use  
  Terms of Use

ClearStream Technologies Ltd.

 Online Online Terms of Use

Effective Date of these Online Terms of Use: 1st April 2007

These Online Terms of Use govern your access to the web site controlled by ClearStream Technologies Ltd., including its subsidiaries and affiliates (together referred to as "ClearStream"), which link to these Online Terms of Use (together referred to as "ClearStream web site"). These Online Terms of Use do not apply to residents of the United States, or to third-party web sites to which the ClearStream web site may link. Your use of the ClearStream web site is subject to these Online Terms of Use and the Privacy Statement.

Without prejudice to your rights under applicable law, ClearStream reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If ClearStream changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the ClearStream web site, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing the ClearStream web site. If you disagree with these Online Terms of Use, or are dissatisfied with the ClearStream web site, your sole and exclusive remedy is to discontinue using this ClearStream Web Site.

DISCLAIMERS
You acknowledge and agree that:

a. Although we strive to provide on the ClearStream web site the latest developments relating to our products and services, and other information about ClearStream, we do not warrant the accuracy, effectiveness and suitability of any information contained in the ClearStream web site. Each person assumes full responsibility and all risks arising from use of the ClearStream web site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. ClearStream reserves the right to make additions, deletions, or modifications to the information contained on the ClearStream web site at any time without any prior notification.

b. ClearStream makes no representations or warranties of any kind or nature with respect to the information or content posted on the ClearStream web site. ClearStream hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall ClearStream be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of the ClearStream web site, and/or the information or content posted on the ClearStream web site, regardless of whether ClearStream has been advised as to the possibility of such damages.

c. ClearStream is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on the ClearStream web site, ClearStream will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the ClearStream web site. Such information should, therefore, be considered as suspect and is not endorsed by ClearStream.

d. The ClearStream web site may contain forward-looking statements that reflect ClearStream’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialisation of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. ClearStream intends to update the ClearStream web site on a regular basis but assumes no obligation to update any of the content.

YOUR USE

You understand, acknowledge, and agree to the following:

a. By using the ClearStream web site, you agree not to disrupt or intercept our electronic information posted on the ClearStream web site or on any of our servers. You also agree not to attempt to circumvent any security features of the ClearStream web site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

b. You grant to ClearStream the right to use all content you upload or otherwise transmit to the ClearStream web site, subject to these Online Terms of Use and ClearStream’s Privacy Statement in any manner ClearStream chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the ClearStream web site (if any).

c. Except as expressly stated and agreed upon in advance by ClearStream, no confidential relationship shall be established in the event that any user of the ClearStream web site should make any oral, written or electronic communication to ClearStream (such as feedback, questions, comments, suggestions, ideas, etc.). If any ClearStream web site require or request that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), ClearStream shall obtain, use and maintain it in a manner consistent with our Privacy Statement. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and ClearStream shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to ClearStream is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

PRODUCT LABELING

Product names, descriptions and labelling may be of Irish origin or of a third country’s origin which is not your country of residence. Products may not be available in all countries or may be available under a different brand name, to different specifications or for different indications. Except as expressly stated and agreed upon in advance by ClearStream, no director, employee, agent, or representative of ClearStream, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through the ClearStream web site.

INTELLECTUAL PROPERTY

The information, documents, and related graphics published in the ClearStream web site (the "Information") are the sole property of ClearStream, except for information provided by third-party providers under contract to ClearStream. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this ClearStream Web Site are used separate from accompanying text. ClearStream is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of ClearStream.

No use of any ClearStream trademark, trade names, trade dress and products in the ClearStream web site may be made without the prior written authorisation of ClearStream, except to identify the product or services of the company.

PRIVACY AND SECURITY

ClearStream is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the ClearStream web site. Our use of personally identifiable information is governed by our Privacy Statement and by accessing and using the ClearStream web site, you agree to be bound by that Privacy Statement.

You recognise and agree that when submitting your personally identifiable information to the ClearStream web site, while ClearStream has safeguards in place to prevent unauthorised access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorised access despite our efforts, ClearStream shall not be responsible for such interceptions or unauthorised access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a customer or user, even if ClearStream has previously been advised of the possibility of such damages, ClearStream does not warrant, either expressly or implied, that the information provided by any customer shall be free from interception or unauthorised access, and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.

LIMITATION OF LIABILITY

ClearStream does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, the ClearStream web site. Reliance on these materials, information and opinions is solely at your own risk. ClearStream disclaims any liability for injury or damages resulting from the use of the ClearStream web site, or the content contained thereon.

The ClearStream web site, the site content, and the products and services provided on or available through the ClearStream web site are provided on an "as is" and "as available" basis, with all faults. In no event shall ClearStream or its vendors, or their respective directors, employees or agents (hereinafter "ClearStream Parties") be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the ClearStream web site, the site content, any services provided on or through the ClearStream web site or any linked site, including any special, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in the ClearStream web site or the site content, whether or not there is negligence by ClearStream and whether or not ClearStream has been advised of the possibility of any such damages.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the ClearStream web site or these Online Terms of Use more than one (1) year after such claim or cause of action arose.

Please be aware that additional legal notices, disclaimers, and other terms and conditions may apply to the ClearStream web site.

GENERAL

You agree that these Online Terms of Use and the Privacy Statement describe the entire agreement between us with respect to its subject matter. The ClearStream web site were created and are operated under the laws of the Republic of Ireland. Irish laws will control the terms provided in these Online Terms and Conditions. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.

 

 

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