1. Background. The Websites are intended to provide information about Intuition Robotics, our products and services, and to allow you to pre-order the ElliQ® product provided by Intuition Robotics (“Product”).
2. 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 any of the Websites, and your continued use of any of the Websites thereafter means that you accept those changes.
3. Ability to Accept Terms. The Websites are only intended for individuals aged eighteen (18) years or older. If you are under 18 years, please do not visit or use the Websites.
4. Websites Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Websites provided that you comply with these Terms and applicable law.
5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Websites 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 Websites; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Websites or any part thereof; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Websites.
7. Intellectual Property Rights.
7.1. Content. The (i) content on the Websites, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”); and (iii) the trademarks, service marks and logos contained therein (“Marks” and collectively with the Materials, “Content”), are the property of Intuition Robotics and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Intuition Robotics”, the Intuition Robotics logo, the ElliQ logo, and other marks are Marks of Intuition Robotics or its affiliates. All other trademarks, service marks, and logos used on the Websites are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Websites and the Content.
7.2. Use of Content. Content on the Websites 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.
8. Third Party Sources and Content.
8.1. The Websites enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The Websites may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
8.3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
8.4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
8.5. By using the Websites you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
8.6. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Intuition Robotics, and release Intuition Robotics from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
9. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Websites 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.
10. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Websites, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Websites Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Intuition Robotics, its users or the public.
11.2. Intuition Robotics permits you to link to the Websites provided that: (i) you link to but do not replicate any page on the Websites; (ii) the hyperlink text shall accurately describe the Content as it appears on the Websites; (iii) you shall not misrepresent your relationship with Intuition Robotics or present any false information about Intuition Robotics and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
13. Warranty Disclaimers.
13.1. This section applies whether or not the services provided under the Websites are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
13.2. THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INTUITION ROBOTICS 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. INTUITION ROBOTICS DOES NOT GUARANTEE THAT THE WEBSITES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT INTUITION ROBOTICS 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 WEBSITES BY A THIRD PARTY.
13.3. INTUITION ROBOTICS DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
13.4. YOU SPECIFICALLY ACKNOWLEDGE THAT INTUITION ROBOTICS SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY WEBSITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13.5. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY WEBSITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY WEBSITE USER OR OWNER IN CONNECTION WITH THE WEBSITES OR ANY USER SUBMISSION, YOU AGREE THAT INTUITION ROBOTICS IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. INTUITION ROBOTICS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
14. Limitation of Liability.
14.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INTUITION ROBOTICS 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 WEBSITES, EVEN IF INTUITION ROBOTICS 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.
14.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INTUITION ROBOTICS FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO INTUITION ROBOTICS FOR USING THE WEBSITES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
15. Indemnity. You agree to defend, indemnify and hold harmless Intuition Robotics 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 Websites; (ii) your User Submissions; (iii) your interaction with any Website user; or (iv) your violation of these Terms.
16. Term and Termination. These Terms are effective until terminated by Intuition Robotics or you. Intuition Robotics, in its sole discretion, has the right to terminate these Terms and/or your access to the Websites, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Intuition Robotics shall not be liable to you or any third party for termination of the Websites, 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 Websites in any way, your only recourse is to immediately discontinue use of the Websites. Upon termination of these Terms, you shall cease all use of the Websites. This Section 16 and Sections 7 (Intellectual Property Rights), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), and 17 (Independent Contractors) to 19 (General) shall survive termination of these Terms.
17. Independent Contractors. You and Intuition Robotics are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Intuition Robotics. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Intuition Robotics.
18. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Intuition Robotics without restriction or notification to you.
19. General. Intuition Robotics reserves the right to discontinue or modify any aspect of the Websites at any time. These Terms and the relationship between you and Intuition Robotics 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. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Intuition Robotics may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Intuition Robotics concerning the Websites. 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 WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: January, 2019