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Terms of Use

MOTUS GI Medical Technologies, Ltd. (“MOTUS GI”) maintains this Web site as a service to the Internet community.  Your access to this Web site is subject to the following Terms and Conditions, which may be updated by MOTUS GI from time to time without notice to you. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Web site after posting by MOTUS GI of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Web site, your sole and exclusive remedy is to discontinue using this site.



I. Disclaimers

You acknowledge and agree that:

1.1    Although MOTUS GI strives to provide on this Web site the latest developments and other information about our company, MOTUS GI does not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. MOTUS GI reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.

1.2    MOTUS GI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. MOTUS GI 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 MOTUS GI 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 THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER MOTUS GI HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

1.3    This Web site has been designed to provide general information about MOTUS GI.  These pages are not intended to provide medical advice, nor do they provide instruction on the appropriate use of products produced or supplied by MOTUS GI, its affiliates, related companies, or its licensors or joint venture partners.  Access and use of this website is at the user’s own risk and is subject to the terms and conditions set forth herein and all applicable laws, statutes, and/or regulations.  The devices described on this Web site are subject to federal law governing the use and sale of such devices. The devices described on this Web site are not approved for sale or clinical use in the United States. Nothing in this Web site is intended to constitute a claim or indication for clinical uses of the devices described. The clinical indications and recommended uses of the devices described on this Web site are limited solely and exclusively to those expressly stated in the Indications for Use for such devices as approved by federal regulatory authorities.

1.4    This Web site may contain forward-looking statements within the meaning of the relevant sections of the Securities Act. The words “believes”, “anticipates”, “expects”, “plans”, “intends” and similar expressions are intended to identify such forward looking statements. Forward-looking statements and statements of expectations, plans and intent are subject to a number of risks and uncertainties. MOTUS GI’s actual future results may differ materially or adversely from those described in the forward-looking statements as a result of, among other things, uncertainties and other matters described in this Web site, generally. MOTUS GI undertakes no obligation to release the results of any revisions to these forward-looking statements that may be made to reflect any future events or circumstances. MOTUS GI cautions the reader, however, that the identified uncertainties and other cautionary language contained herein may not be exhaustive.



II. Your Use

You understand, acknowledge, and agree to the following:

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

2.2    Except as expressly stated and agreed upon in advance by MOTUS GI, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to MOTUS GI  (such as feedback, questions, comments, suggestions, ideas, etc.). If any MOTUS GI Web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), MOTUS GI shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and MOTUS GI 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 MOTUS GI is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

2.3    Any contents posted at this Web site and/or any email forwarded to this Web site, including the contents thereof, by you shall be non-confidential, and shall become the property of MOTUS GI; and you thereby, authorize MOTUS GI to have unrestricted use (including but not limited to copying, creating derivative works, distributing, disclosing and disseminating) of the contents for any purpose and to claim full rights and interests (including intellectual property interests) in the contents (including but not limited to any concepts, ideas, processes, techniques, know-how, methods, designs disclosed in the contents) for any purpose whatsoever.  You shall assume responsibility and ensure the truthfulness and accuracy of any contents or communications sent to MOTUS GI (whether via email or otherwise) as a result of an interaction with this Web site.  Notwithstanding the foregoing, personally identifiable data provided electronically to this Web site is governed by this Web site’s Privacy Policy.



III. Intellectual Property

The information, documents, and related graphics published on this Web site (the “Information”) are the sole property of MOTUS GI, except for information provided by third-party providers under contract to MOTUS GI, its subsidiaries or affiliates. Permission to use the information is granted, provided that (1) MOTUS GI’s 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 Internet site are used separate from accompanying text. MOTUS GI 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 MOTUS GI.



IV. Limitation of Liability

MOTUS GI does not assume any liability for the information and opinions provided on, posted to, or otherwise available through, this Web site. Reliance on these information and opinions is solely at your own risk. MOTUS GI disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon. THIS WEB SITE AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL MOTUS GI, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “MOTUS GI 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, THIS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS 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 THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY MOTUS GI  AND WHETHER OR NOT MOTUS GI  HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you. PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEB SITES OWNED OR OPERATED BY MOTUS GI, ITS SUBSIDIARIES OR AFFILIATES.



V. Links to other sites

Certain links on this Web site may lead to resources located on servers that are not maintained by MOTUS GI or under its control. To the extent that this website contains links to other Internet sites, MOTUS GI has no knowledge of the information contained in such other sites, nor has MOTUS GI ensured the accuracy of information presented at such other sites. Accordingly, MOTUS GI assumes no responsibility whatsoever for information presented at such sites. In addition, the inclusion on this website of any link to another website or any reference to any product or service is provided only as a convenience and the inclusion of the link does not constitute or imply an endorsement or recommendation by MOTUS GI.



VI. General

This Web site (excluding linked sites) is controlled by MOTUS GI from its offices within the state of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Web site both you and MOTUS GI agree that the statutes and laws of the state of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Web site.

You and MOTUS GI also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Miami, Florida and the nearest United States District Court for Florida with respect to such matters. MOTUS GI makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations are doing so on their own initiative and are responsible for compliance with local laws. You shall adhere to US Export Administration Laws and Regulations.

You agree that these Terms and Conditions describe the entire agreement between MOTUS GI with respect to its subject matter.  If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. 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 this Web site or these Terms and Conditions more than one (1) year after such claim or cause of action arose.