Terms of Use

Welcome to www.vayarin.com (the “Website”), an online resource for information, activities, products and services related to VAYA Orthomolecular Medicine – a division of VAYA Pharma Inc. (“VAYA Pharma”, “We” and “Our”).
Please read carefully the following terms and conditions. By using and accessing the Website, and the content and services contained therein, you agree to be bound by these terms of use (the “Terms”, or the “Terms of Use”) including any other document incorporated thereto. If you do not agree to be bound by the Terms, you may not access or use the Website.

These Terms apply to the use of the Website, the services and content included therein by every computer or other communication means (like cellular phones, PDA’s, etc.). These Terms further apply the use of the Website via the Internet network or any other communication networks.

THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE OR HEALTHCARE SERVICES.
THE CONTENT ON THE WEBSITE, INCLUDING ANY TEXT, IMAGES AND VIDEO CLIPS, IS MADE AVAILABLE FOR INFORMATIVE PURPOSES AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. PROFESSIONAL MEDICAL AND HEALTHCARE CONSULTATION DEPENDS ON THE PRECISE FACTS OF EACH AND EVERY INDIVIDUAL CASE. THE CONTENT ON THE WEBSITE IS IN NO WAY A SUBSTITUTE FOR ANY SUCH PROFESSIONAL CONSULTATION. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER RELEVANT AND QUALIFIED HEALTHCARE PROVIDERS FOR DIAGNOSTIC AND TREATMENT PURPOSES.

Acceptable use of the Website

The Website serves all Internet users. The following terms define the acceptable use of the Website and the services available through the Website (the “Services”). Subject to the Terms of Use, you may access and use the content on the Website. You may not use the content otherwise, unless VAYA Pharma provided you an explicit prior written permission.

You agree that you are solely responsible for all your acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.

While using the Website, you agree to refrain from willfully, or carelessly –

  • Breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of the Website;
  • Interfering with, burdening or disrupting the functionality of the Website;
  • Circumventing or manipulating the operation, or functionality of the Services;
  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with VAYA Pharma, or in such ways that might impair or disrupt the Website’s functionality
  • Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
  • Displaying content from the Website, including by any software, feature, gadget or communication protocol, which alter the content or its design;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
  • Abusing, harassing, threatening, impersonating or intimidating other users;
  • Linking to the Website from web pages that contain pornographic content or content that encourages racism, wrong discrimination or other wrongful;
  • Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.

“Contact Us” form

We invite you to contact us with any questions or enquiries, through Our online contact form. While completing the form, We will ask you to provide us with certain contact and personal details. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or out dated information may impair Our ability to contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to complete the form. We will only use your personal details in accordance with Our Privacy Policy which is available at www.vayapharma.com and incorporated by reference to the Terms.

You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the form completion process.

Links to other sites

The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.

Advertisements

VAYA Pharma may include paid advertisement on behalf of interested vendors on the Website. By clicking the advertisements you may be shifted to a website of the advertiser or receive any other messages, information or offers from the advertiser. VAYA Pharma is not responsible for the privacy practices of the advertiser, or the content of its website, information, messages or offers. You are fully responsible for all communications with advertisers and to all transactions taking place subsequently.

Other information

The Website’s content is presented for informative purposes only. None of the content or information on the Website constitutes legal or regulatory advice, in particular, no legal, regulatory or other advice regarding the laws and regulations applicable in your territory is provided on the Website. You should consult attorneys and regulatory advisors before undertaking any marketing, promotional and sale activity in your territory.

The Website may contain forward looking statements, which are based on Our expectations related to future events and projects. These statements reflect Our current expectations only and inherently include uncertainties and risks. They are also dependent on factors that may not materialize. Therefore, actual events may differ substantially from any projections made in these statements. We may not keep these statements updated at all times and We do not undertake any obligations with respect to these statements, except as required by law.

Privacy

We respect your privacy. Our Privacy Policy explains the accepted privacy practices on the Website. The Privacy Policy is incorporated by reference to the Terms.

Intellectual property

All rights, title and interest in and to the Website, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to VAYA Pharma. The Terms do not grant you any rights to patents, copyrights, trade marks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect of the Website.

Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from VAYA Pharma.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission that may dilute, or tarnish Our goodwill. Trademarks and advertisements of VAYA Pharma on the Website are the exclusive property of VAYA Pharma.

VAYA Pharma respects the intellectual property rights of others. If you believe that certain content published on the Website infringes your rights, you may contact us by using the ‘Contact Us’ form on the Website, and We will do our best to provide a prompt response to your complaint.

DISCLAIMER OF WARRANTY

VAYA PHARMA PROVIDES THE WEBSITE AND THE SERVICES AND CONTENT INCLUDED THEREIN FOR USE ON AN AS IS AND AS AVAILABLE BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

A CORRECT PROFESSIONAL COUNSEL DEPENDS ON THE EXACT CIRCUMSTANCES OF EACH AND EVERY CASE. THE CONTENT ON THE WEBSITE IS NOT A SUBSTITUTE TO SUCH COUNSEL. THIS IS TRUE ESPECIALLY AND IN PARTICULAR FOR CONTENT RELATED TO MEDICINE. SUCH CONTENT IS NOT A SUBSTITUTE TO PROFESSIONAL COUNSEL AND CARE WHERE SUCH ARE REQUIRED. SUCH CONTENT MAY SOMETIMES REFLECT A CERTAIN APPROACH OR PERSONAL OPINION OF THE WRITER. THEREFORE IT SHOULD BE TREATED WITH THE NECESSARY CAUTION. IF YOU DECIDE TO RELY UPON THE CONTENT POSTED ON THE WEBSITE OR TO ACT THEREUPON, YOU BEAR THE FULL AND SOLE RESPONSIBILITY TO YOUR ACTION AND TO ANY POSSIBLE CONSEQUENCES.

LIMITATION OF LIABILITY

VAYA PHARMA, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES

Indemnification

You agree to indemnify, defend and hold harmless VAYA Pharma, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving a written notice from VAYA Pharma, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of the Terms, or any other terms, rules or regulations applicable to the Website.

Changes in the Website

From time to time, We may change the Website’s layout, design or display, as well as the scope and availability of the content and Services accessible therein, without giving prior notice. By their very nature, changes of this type may cause inconvenience or even malfunctions at first. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.

Availability

The availability and functionality of the Website depends on various factors and elements, including software, hardware and communication networks. Third parties provide some of these elements. None of these factors are fault free. We do not warrant or guarantee that the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.

Termination of operation

VAYA Pharma may at all times, at its sole discretion, discontinue, temporarily or permanently, the operation of the Website, or any part thereof. VAYA Pharma is not obliged to give any notice prior to such discontinuation. At any time, VAYA Pharma may block, remove or delete any Content from the Website, without maintaining any backup copy. You agree and acknowledge that VAYA Pharma does not assume any responsibility with respect to, or in connection with the termination of the Website’s operations and loss of any data as a result.

Governing Law and Jurisdiction

These Terms shall be governed solely by the laws of the State of Israel without regard to its conflict of law provisions.

The competent courts in the City of Tel-Aviv-Jaffa, Israel, shall have sole jurisdiction over any claim in connection with the Website and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the jurisdiction of the above mentioned courts, agree to accept service of process by mail, or by electronic mail, and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

Amendments to the Terms

From time to time, VAYA Pharma may change the Terms. Substantial changes will take effect 30 days after VAYA Pharma has posted an initial notification on the Service’s homepage or on any other relevant web pages on the Services, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Website, unless VAYA Pharma amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid from any further use of the Website.

Interpretation

The section headings in the Terms are included for convenience only and will take no part in the interpretation or construction of the Terms.

Severability

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.

Survival

The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification Sections, will survive the termination or expiration of the Terms or the termination of the Website’s operation.

Correction of errors

We put great effort in ensuring the reliability of facts and information that We post on the Website. However, errors may sometimes occur. If you think that any information or publication that We have posted on the Website is erroneous, contact us by using the ‘Contact Us’ form on the Website.

Contact us

VAYA Pharma respects the privacy and good reputation of the Website users. If you think that certain posting or content published on the Website harms or offends you in any way, you may contact us by using the ‘Contact Us’ form on the Website, and We will do our best to provide a prompt response to your complaint.

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