Welcome to www.ophthalmology.bayer.co.il (together with its subdomains, Content, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Bayer Israel Ltd. and Bayer AG ("Bayer", "we", "our" or "us").
By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agreed to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms").
- Background.The Site is intended to provide information about our products and services.
- Modification.We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
- Ability to Accept Terms.The Site is only intended for health care professionals.
- Site Access.For such time as these Terms are in effect, we hereby grant you access to visit and use the Site provided that you comply with these Terms and applicable law.
- Restrictions.You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
- Access to the site:In order to access the site, you received an email communication that included a direct link to the site.
- The email communication was sent to you because you provided your approval on the consent form for sharing personal information.
- Intellectual Property Rights.
- Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content"), and (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Bayer and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Bayer”, the Bayer logo, and other marks are Marks of Bayer or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. Any unauthorized use of the Marks and/or Content is expressly prohibited and constitutes a violation of copyright, trademark law or other industrial property rights.
- We reserve all rights, not expressly granted, in and to the Site and the Content.
- Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
- Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "
- Information Description.We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Links.
The Site may contain links, to third party websites that are not owned or controlled by Bayer. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Bayer from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit. - Privacy.We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available atwww.ophthalmology.bayer.co.il/privacy-statementYou agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
- Copyright Policy.It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond toany suspicion of copyright infringement.
- Warranty Disclaimers.
- Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BAYER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BAYER DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT BAYER WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
- EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, BAYER 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 SITE.
- BAYER HAS COMPILED THE DETAILED INFORMATION PROVIDED ON THIS WEBSITE FROM INTERNAL AND EXTERNAL SOURCES TO THE BEST OF ITS KNOWLEDGE AND BELIEF, USING PROFESSIONAL DILIGENCE. WE ENDEAVOR TO EXPAND AND UPDATE THIS RANGE OF INFORMATION ON AN ONGOING BASIS. THE INFORMATION ON THIS WEBSITE IS PURELY FOR THE PURPOSE OF PRESENTING BAYER AND ITS PRODUCTS AND SERVICES. HOWEVER, NO REPRESENTATION IS MADE OR WARRANTY GIVEN, EITHER EXPRESSLY OR TACITLY, FOR THE COMPLETENESS OR CORRECTNESS OF THE INFORMATION ON THIS WEBSITE. PLEASE BE AWARE THAT THIS INFORMATION ALTHOUGH ACCURATE ON THE DAY IT WAS PUBLISHED MAY NO LONGER BE UP TO DATE AND WILL BE UPDATED WITHIN A REASONABLE TIMELINE. WE THEREFORE RECOMMEND THAT YOU CHECK ANY INFORMATION YOU OBTAIN FROM THIS WEBSITE PRIOR TO USING IT IN WHATEVER FORM. ADVICE GIVEN ON THIS WEBSITE DOES NOT EXEMPT YOU FROM CONDUCTING YOUR OWN CHECKS ON OUR LATEST ADVICE - PARTICULARLY OUR SAFETY DATASHEETS AND TECHNICAL SPECIFICATIONS - AND ON OUR PRODUCTS, WITH A VIEW TO THEIR SUITABILITY FOR THE INTENDED PROCESSES AND PURPOSES. SHOULD YOU REQUIRE ANY ADVICE OR INSTRUCTIONS CONCERNING OUR PRODUCTS OR SERVICES, PLEASE CONTACT US DIRECTLY. USERS OF THIS WEBSITE DECLARE THAT THEY AGREE TO ACCESS THE WEBSITE AND ITS CONTENT AT THEIR OWN RISK.
- Limitation of Liability.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BAYER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF BAYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
- Neither Bayer nor third parties involved in the writing, production or transmission of this website can be held liable for damage or injury resulting from access or the impossibility of access or from the use or impossibility of use of this website or from the fact that you have relied on information given on this website.
- Indemnity.You agree to defend, indemnify and hold harmless Bayer and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
- ACCESS RIGHTS:Please note that you are obligated to protect your access link to the website (which you received in the communication email) and not to forward the link to anyone who is not a healthcare professional.You must notify Bayer immediately if you learn that security has been violated in respect of any details available on the Bayer website or if unauthorized persons have obtained your access link or if you have found indications that such access might become possible.
- Term and Termination.These Terms are effective until terminated by Bayer or you. Bayer, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Bayer shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 16 and Sections 7 (Intellectual Property Rights), 10 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 14 (Indemnity), and 17 (Independent Contractors) to 20 (General) shall survive termination of these Terms.
- Independent Contractors.You and Bayer are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Bayer. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Bayer.
- Assignment.These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Bayer without restriction or notification to you. Any prohibited assignment shall be null and void.
- Governing Law.Bayer reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Bayer shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.
- General.These Terms shall constitute the entire agreement between you and Bayer concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: November 12,2024
PP-EYL-IL-0372-1
