Terms of Use - nRollmed

Please read these terms of use carefully as they contain important information about your legal rights, remedies and obligations. Furthermore, please be aware of our Cookie consent, which sets out information about the cookies on the Websites (as defined below) and of our privacy policy (the “Privacy Policy”), both are incorporated into and governed by these terms of use (the “Terms”).

1. Acceptance of Terms

This website, nrollmed.com, and all study websites campaigns (the “Websites”) and all mobile device applications (the “Services”) are being implemented and managed by nRollmed Patient Recruitment and Retention Ltd., with its principal offices at 4 HaSavoraim St., Tel-Aviv, Israel (“nRollmed”, “us” or “we”).
By continue browsing and using the Websites and/or the Services you are agreeing to comply with and be bound by the Terms, which together with our Privacy Policy, constitute a binding agreement between you and us (the “Agreement”). The Terms governs your use of the Websites and/or the Services, both as a casual visitor and as a user. If you do not agree with the Terms, do not use the Websites or Services.
You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms.
Please note that there may be special rules for the use of certain software and other items accessible on the Websites and/or the Services which may be included elsewhere within the Websites and/or the Services. Such rules are hereby incorporated into the Terms by reference.

2. Changes to the Terms

We may, in our sole discretion and without prior notice, revise and update the Terms at any time. You agree to check the Terms from time to time to take notice of any changes we make as they are binding on you. In an event in which material modifications are made, we shall provide notice of material changes to these Terms by posting or distributing a notice of such revisions, which shall be effective immediately on posting (However, nRollmed will not make changes that allow significant additional uses or disclosures of your personally identifiable information without notice to our Privacy Policy). Your continued use of the Websites and/or the Services after the amended Terms have entered into effect will constitute your acceptance of them. If any future changes to the Terms are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Websites and the Services. In the event that a legal requirement is mandatory to constitute acceptance of the changes, we may also introduce immediate changes to the Terms and require that you affirmatively accept them, in which case you will not be able to continue using the Websites and/or the Services if you do not accept the amended Terms. In any event, the most updated version of the Terms will always be accessible on the Websites and/or the Services.

3. Minors

This Websites and/or Services are not intended for use by individuals who have not reached the age of legal maturity in their jurisdiction. Specifically, that is the age at which an individual is recognize by the applicable law to be an adult and responsible for any legal obligations created by his or her actions. By using the Websites and/or the Services you affirm that you have reached the age of legal maturity in your jurisdiction.

4. Prohibited Uses and Security

- The use of and/or access to the Websites and/or the Services by you and/or by anyone else on your behalf is and shall remain solely your responsibility, including for all acts or omissions associated and/or related to such use and/or access. You may use our Websites and/or Services only for lawful purposes. You may not use our Websites and/or Services:
  - In any way that breaches any of the Terms.
  - In any way that breaches any applicable local, national or international law or regulation, including, but not limited to, the engagement in an activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition or false advertising;
  - In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
  - In order to develop or create a competitive or similar websites or service.
  - In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  - In any manner that, or has the potential to, interfere with any other party’s use or enjoyment of the Websites (or servers or networks connected to it) and/or the Services.
  - For the purpose of harming or attempting to harm anyone else in any way.
  - To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material, or any other form of similar solicitation (spam).
- You are prohibited from violating or attempting to violate the security of the Websites and/or Services, including, without limitation, (a) disclosing any confidential or private information you may learn using this Websites and/or Services, except as expressly authorized by that person or nRollmed; (b) accessing data not intended for such use or logging into a server or account that you are not authorized to access; (c) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures; (d) attempting to interfere with service to any user, host, or network, including, without limitation, by submitting a virus, overloading, flooding, spamming, mail bombing, or crashing. We reserve the right, at our sole discretion, to immediately terminate access to the Website and/or the Service provided if you breach any of these Terms or for other good cause. Violations of system or network security may result in civil or criminal liability. We will cooperate with law enforcement authorities in prosecuting Websites and/or Services users who are involved in such violations.
- We authorize you to view or download a single copy of the material on the Websites and/or the Services solely for your personal, noncommercial use if you include the copyright notice located at the end of the material and other copyright and proprietary rights notices that are contained in the material you downloaded and wish to use.

4. The Websites and/or the Services Do Not Provide Medical Advice

- - All of the material provided on the Websites and/or the Services, such as text, graphics, treatments, information received from our licensors, dosages, outcomes, charts, patient profiles, photographs, images, advice, messages, postings, and any other material provided on the Websites and/or the Services are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Websites and/or the Services.
  - If you think you may have a medical emergency, call your doctor or the emergency services immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Websites and/or the Services. Reliance on any information provided by the Websites and/or the Services, whether directly or indirectly, by persons or entities publishing the Websites and/or the Services, or by other members is solely at your own risk.
  - We are not a healthcare provider and do not provide medical advice nor does provision or maintenance of the Websites and/or Services establish a doctor-patient relationship or constitute the practice of medicine, nursing or any healthcare profession. We do not diagnose, prescribe medication, treat or give orders nor do we have responsibility for or authority over your care.
  - The Websites and/or the Services may contain health or medical-related information about human anatomy and bodily functions or other medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Websites and/or the Services. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against nRollmed with respect to such content.

5. Ownership of Proprietary Rights

- - - All the intellectual property rights evidenced by, and/or contained, and/or related to the Websites and/or the Services, including, without limitation, any related content that may be created in connection with the use of or registration to the Websites and/or the Services (referred to hereinafter as “intellectual property rights”) shall absolutely be owned by us (or, by a separate agreement, by our client under license). Those rights include, but are not limited to, database rights, copyrights, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), and other intellectual and proprietary rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, and company or product names set forth on the Websites and/or the Services that are not the property of nRollmed are the property of their respective owners. You do not acquire any ownership rights by using the Websites or Services or downloading material from or uploading material to the Websites or Services.

You agree not to use the Websites and/or Services for any commercial purposes, or to download, save, copy, transmit, or distribute the Content except as specifically allowed in this Agreement. We may change, modify, suspend, or discontinue any aspect of the Websites and/or Services at any time. We may also impose limits on certain features or restrict or prohibit your access to parts or all of the Websites and/or Services without notice or liability. You agree to be bound by any application, tool, or content specific rules published within the Websites and/or Services. Any use of any intellectual property rights or any other content or materials NOT expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws. If you violate any of the Terms, your permission to use the Websites or any of its content and/or the Services, automatically terminates and you must immediately destroy any copies you have made of any portion of such information.

6. Privacy and GDPR Compliance

- - - - nRollmed is operating according to privacy standards according to the new EU General Data Protection Regulation 2016/679 (“GDPR”) and if you are an EEA resident, nRollmed is committed to protect your personal data, including its collection, storage, transfer or use by companies and third parties in accordance with the GDPR provisions. Our collection and use of personal identifiable information and our GDPR compliance in connection with your access to and use of the Websites and/or the Services is described in our Privacy Policy, and we urge you to read, review and comply with our Privacy Policy.
      - By using the Websites and/or the Services, you consent to such processing and you warrant that all data you provide is accurate.
      - For contractual purposes, by submitting your e-mail you hereby agree: (a) to receive communications from us in an electronic form via the email address you have provided and / or used when communicating with us; (b) to receive phone calls / SMS / written messages via applications such as WhatsApp or Wechat or similar communication portfolios; and (c) agree that all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect any of your rights which may not be waived. If you do not understand and/or agree to any of the Terms, please do not use the Websites and/or the Services and do not provide your personal identifiable information.

7. Disclaimer

WE PROVIDE THE WEBSITES AND SERVICES ON AN “AS IS” BASIS AND GIVE NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY, IN ANY COMMUNICATION WITH WEBSITE PARTICIPANTS OR US OR OTHERWISE WITH RESPECT TO THE WEBSITES AND/OR SERVICES. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE; OR THAT THE WEBSITE OR THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY; OR THAT THE WEBSITE OR THE SERVICES COMPLIES WITH ANY GOVERNMENT REGULATIONS CONCERNING PRESCRIPTION DRUG DISCLOSURES; OR THAT THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT ANY DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. WE ARE NOT PHYSICIANS OR HEALTHCARE PROVIDERS AND THE WEBSITE AND SERVICES DO NOT PROVIDE HEALTH, MEDICAL OR SURGICAL CARE, ADVICE, RECOMMENDATIONS, OR TREATMENT AND ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. WE DO NOT ENDORSE OR RECOMMEND ANY PARTICULAR PROVIDER OR PROCEDURE. THE WEBSITES AND SERVICES ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY.

8. Limitation of Liability and Release

- To the maximum extent permitted under any applicable law, under no circumstances whatsoever will nRollmed and/or its affiliates and/or their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and/or suppliers be responsible or liable to you or to any other entity, even if advised of the possibility of such damages, under any legal theory, whether contract, tort or otherwise, for any direct, compensatory, indirect, incidental, or consequential damages, including, but not limited to, any lost profits and/or lost business opportunities, business interruption, loss of revenue, income, goodwill, use, data (or corruption of data), or other intangible losses, special, exemplary, or punitive damages, or personal injury or property damage, that result from or relate in any manner whatsoever to your use of the Websites and/or the Services, and/or reliance on the Websites and/or the Services and/or the intellectual property rights and/or your inability to access and/or use of the Websites and/or the Services, including, without limitation, any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by nRollmed and/or to any other matter relating to the Websites and/or the Services and/or the intellectual property rights.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between nRollmed and you.
- you recognize and agree that the warranty disclaimers and liability and remedy limitations in the Terms are material bargained for basis of the Terms and that they have been taken into account and reflected in the decision by you to enter into the Terms.
- To the maximum extent permitted by any applicable law, you forever release, discharge and agree not to sue us from any and all liability, claims, actions and expenses that may arise in connection with your use of the Websites and/or Services. you agree that this section will survive any termination of your account(s), the Websites, the Services or this Agreement.
- nRollmed does not represent or guarantee that the Websites and/or the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and nRollmed disclaims any liability relating thereto.

9. Indemnification

To the maximum extent permitted by any applicable law, you agree to indemnify, defend and hold, nRollmed and its affiliates, and their respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers and anyone acting on their behalf, harmless, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, demands, costs, liabilities, damages and expenses, including attorney’s fees, legal expenses and expert fees’ and other costs of litigation, resulting or arising from, incurred as a result of or in any manner related to: (i) any use by you of the Websites and/or the Services; (ii) any misrepresentation made by you to any third party, (iii) your violation of laws, regulations or third party rights, including, without limitation, any intellectual property, property or privacy right, and including any third party claim in respect of the Submitted Information; and (iv) your breach of the Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

10. Third party Content

- The Websites and/or the Services may contain links to other websites, materials and services that are not under our control. The inclusion of any link is provided solely as a convenience to you and does not imply any endorsement by us of such links and we are not responsible for the content or functionality of any links. We do not make any representations regarding the content, accuracy of materials, functionality or privacy protection on such links. If you decide to access linked links, you do so at your own risk. It is also noted that such links operate under different privacy policies and terms of use and you should review those on the relevant links.
- Some of the content and materials available through the Websites and/or the Services may be provided by third parties. No reference made in or through the Websites and/or the Services to any third-party content (including advertisements), commercial product, process, or service, or provider of such product, process or service (“Third Party Content”) constitute or imply an endorsement, recommendation or favoring by nRollmed.
- Please note that third parties delivering advertisements on our Websites and/or Services may also use cookies or other technologies, including tailored advertising and analytics, and those practices are subject to those third parties’ own policies. You can prevent the use of cookies on your electronic devise by adjusting the privacy settings in your browser. For further information regarding cookies please see our Privacy Policy.

11, Notice and Takedown

In the event that you want to remove or adjust any Submitted Information or personal identifiable information or other information about you in connection to the Websites and/or Services or you believe that any such information held by us violates your intellectual property rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to nRollmed at the following email address: [email protected] identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.

12. Termination

- You may notify us of your decision to terminate the Agreement at any time. Upon termination, you shall immediately cease using the Websites and/or the Services, and the following Sections shall survive:1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16.
- Termination of your access to the Websites and/or the Services may also include removal of the Submitted Information submitted by you as permitted by applicable laws. You agree that we shall not be liable to you or any third party for any termination/suspension of your access to any of the Websites and/or the Services and/or to any of your Submitted Information and shall not be required to make the Submitted Information available to you after any such termination, as permitted by applicable laws.

nRollmed may generally terminate this Agreement and cease offering or deny access to the Websites and/or the Services, at any time and for any or no reason without prior notice, as permitted by applicable laws.

13. General

- - Entire Agreement. This Agreement constitute the entire agreement between you and us with respect to the subject matter hereof and may only be modified by written amendment duly executed by us.
  - No Waiver. No waiver or alteration from the Terms by us will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not constitute a waiver of any of our rights.
  - Interpretation. Unless otherwise expressly provided, no provisions of the Terms are intended or shall be construed to confer upon or give to any person or entity other than you and nRollmed any rights, remedies or other benefits under or by reason of the Terms.
  - Assignment. You may not assign or transfer your rights and obligations under the Terms. Any attempted or actual assignment thereof by you will be null and void. nRollmed may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected. In case of such an assignment, you are entitled to terminate the agreement with immediate effect by deactivating your account. nRollmed will provide you with reasonable notice of any such assignment.
  - Severability. If any provisions of the Terms are held to be illegal, invalid, or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions shall continue to remain in full force and effect. Nothing in the Terms shall affect any non-waivable statutory rights that apply to you. To the extent any claim, dispute or controversy regarding nRollmed or our Websites and/or the Service isn’t arbitrable under applicable laws or otherwise: you and nRollmed both agree that any claim or dispute regarding nRollmed will be resolved exclusively in accordance with Section 16.7 below.
  - Governing Law and Jurisdiction. The Terms and your use of the Websites and/or the Services will be governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel. If you are not a user in the EEA, the courts located in Tel-Aviv-Jaffa, Israel shall have sole and exclusive jurisdiction over you and us and the subject matter of the Terms and any dispute deriving here from. You and us expressly consent to the personal jurisdiction in the State of Israel and expressly waive any right to object to such personal jurisdiction or the convenience of such forum. You agree that any cause of action related to or arising out of your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

14. Feedback

We appreciate hearing from our users and welcome your comments regarding the Websites and/or the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you disclose, submit or send us comments, feedback, blog posting, ideas, suggestions, inventions, photographs or other materials regarding the Websites and/or the Services (“Feedback”), we shall: (i) own all rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you or any other person. You represent and warrant that, unless expressly notes by you when you make the Feedback, all Feedbacks are your original creations, that you have all rights to them, and that they do not infringe or violate the rights of any part, including without limitation, any intellectual property rights or rights of privacy or publicity.

15. Contact Us

At any time, you may contact us with any question, claim or complaint that you may have with respect to the Websites and/or the Services, at: [email protected].

Last updated on November 21, 2018