TERMS AND CONDITIONS
[Last Amended: November 23, 2021]
These terms and conditions (“Terms”) are a legally binding agreement between Galmed Pharmaceuticals Ltd (“Galmed,” “we,” “us,” or “our”), and you, a visitor to our Galmwd website, available at: https://galmedpharma.com/ or Armor website available at: (“Visitor” “you” or “your”). These Terms will govern and apply to your use and access of our website. It is important and recommended that you take the time to read these Terms.
By accessing or using the website you acknowledge that you have read and understood these Terms. You agree to be bound and to fully comply with these Terms, you further agree to comply with all applicable laws and regulations when using the website and you acknowledge that these Terms constitute a binding and enforceable legal contract between you and us.
You further represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (iii) you are not considered to be a “child,” “minor” or any other similar term, in your jurisdiction and that you are not under the age of 16.
- THE WEBSITE AND SERVICE
The website provides information and resources about our business and products and other content related thereto, including, inter alia, contact information, images, text, logos, button icons, links, downloadable files, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). In addition, the website provides you with means of communication which you can use to contact us for example, if you have question (the website and Content shall be referred to collectively herein as the “Service(s)”).
NO MEDICAL OR PROFESSIONAL ADVICE OR SERVICE: THE CONTENT IS INTENDED SOLELY FOR INFORMATIONAL AND MARKETING PURPOSES. THE CONTENT IS NOT, NOR SHALL IT BE TAKEN AS MEDICAL OR SIMILAR PROFESSIONAL SERVICES OR ADVICE, OR TO REPLACE MEDICAL ADVICE OFFERED BY A MEDICAL OR QUALIFIED HEALTHCARE PROFESSIONAL. PLEASE CONSULT A PROFESSIONAL HEALTHCARE PROVIDER IF YOU REQUIRE SUCH SERVICES OR ADVICE, OR SHOULD ANY MEDICAL CONDITION ARISE OR EXIST.
NO OFFER TO SELL: THE INFORMATION CONTAINED ON THIS SITE IS FOR GENERAL GUIDANCE ONLY. IT IS NOT INTENDED TO CONSTITUTE AN OFFER TO SELL, OR A SOLICITATION OF ANY PRODUCT OR SERVICE SUPPLIED BY GALMED OR BY ANY COMPANY THAT IS AFFILIATED OR RELATED TO GALMED.
GENERAL: THE CONTENT PUBLISHED ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND SHALL BE USED BY YOU AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ANY ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT AVAILABLE ON THIS WEBSITE, WHICH ARE DONE AT YOUR OWN RESPONSIBILITY AND RISK.
- REPRESENTATION, WARRANTIES & RESTRICTION OF USE
You hereby represent and warrant the following: you shall not, nor shall you agree, authorize or encourage any third party to: (1) use the Services in a non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the Services or prevent others from using the Services; (3) modify, create a derivative work of, reverse engineer, or disassemble the Services; (4) remove, deface, obscure, or alter the Services or any Content therein including any copyright notices, trademarks, or other proprietary rights provided as part of the Services; (5) use the Services to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities; (6) assert any proprietary rights in or to the Content nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in the Services; (7) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit the Services; (8) use, access or attempt to access the Services with any automated means (including robots, scrapers, etc.); (9) use our name, logo or trademarks without our prior written consent; (10) otherwise use the Services in any unlawful manner, in breach of a third party’s rights or our rights, including intellectual property rights and privacy rights, or in a manner that is in breach of these Terms;
- FORWARD-LOOKING STATEMENTS
The website contains express or implied forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, as amended, Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, that are based on beliefs and assumptions and on information currently available to Galmed’s management. These statements relate to, among other things, Galmed’s expectations regarding plans, objectives, strategies, future operating or financial performance, business plans and prospects, and expectations regarding clinical trials, development timelines, discussions with regulatory authorities, development programs, development candidates and investigational medicines under development by Galmed and by Galmed’s strategic collaborators. In some cases, forward-looking statements can be identified by terminology such as “may,” “should,” “expects,” “intends,” “plans,” “anticipates,” “believes,” “estimates,” “predicts,” “potential,” “continue,” or the negative of these terms or other comparable terminology, although not all forward-looking statements contain these words. Such statements are based on Galmed’s management’s current expectations and are subject to certain factors, risks and uncertainties that may cause actual results to differ materially from those referred to or implied in such statements. The information presented on the website is believed to be current as of the date of its original publication. The forward-looking statements on this website are neither promises nor guarantees, and you should not place undue reliance on these forward-looking statements because they involve known and unknown risks, uncertainties and other factors, many of which are beyond Galmed’s control and which could cause actual results to differ materially from those expressed or implied by these forward-looking statements. Galmed does not intend to update any forward-looking statements appearing on the website in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
- INTELLECTUAL PROPERTY
The Services are exclusively owned by Galmed or its licensors. Except as explicitly provided herein, no license, right, title or interest to the Services shall be granted to you, and we and/or our partners reserve any and all rights, title and ownership to the Services. You shall not use any of Galmed’s copyrights, trademarks, trade names, or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms.
- DISCLAIMER OF WARRANTIES
Except as provided herein, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content. You agree that Galmed will not be held responsible for any decision made or action taken or not taken in reliance on the Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions. We make no representation or warranties that the Services are or will be available for use in any particular location or at any specific time. Except as expressly stated herein, Galmed does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Services. Your use of the Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- LIMITATION OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, GALMED, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “GALMED GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, AND THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES EVEN IF GALMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GALMED GROUP FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES EXCEED US$500.
You agree to defend, indemnify and hold the Galmed Group harmless from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services that does not comply with these Terms, including your negligence and any wrongful act; (ii) your abuse or infringement of third party rights through the Services; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
You can terminate your use of the Services at any time. If you wish to terminate your use of the Services, you may do so simply by ceasing your use of the website. We may change, modify, suspend, or discontinue any aspect of the Services at any time without notice to you and without any liability to you whatsoever in connection therewith.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel without giving rise to any conflict of law principals therein. You hereby agree to resolve any dispute you have exclusively in the competent courts of Tel-Aviv, Israel.
These Terms constitute the entire understanding between you and Galmed with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of Galmed to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of Galmed. Galmed may assign its rights and obligations set forth herein at any time, at its sole discretion. Your relationship with Galmed is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to create a partnership, agency, joint venture or employment relationship.
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Amended” header above. Your continued use of the Services following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them. We will make best efforts to provide you with written notification by applicable means of communication, in the event of any material changes to these Terms.
- CONTACT US
If you have any questions about these Terms, please contact us at:
Galmed Pharmaceuticals Ltd
16 Tiomkin Street, Tel Aviv, Israel 6578317