Terms & Conditions

Circadin.com December 13, 2021
 

Neurim Pharmaceuticals (1991) Ltd. (herein referred to as: “Neurim”) operates this Website as a service to its visitor’s subject to the following terms and conditions of use (the “Terms”) and all modifications thereto, in addition to guidelines that may be published from time to time by Neurim.

By entering and/or using this Website and other websites owned, operated or maintained by Neurim or its affiliates, you, the user, acknowledge that you have read, understood and accepted these Terms and Conditions and are deemed to have agreed to comply with and be bound by these Terms. Neurim reserves the right to modify the Terms at any time, by placing such changes on the Website. You should periodically check back for the most up-to-date version posted on this Website. By entering and/or using this Website following any modification of the Terms, you agree to comply with and be bound by any such modified Terms. All rights not expressly allocated are reserved by Neurim.

YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.

The operations, businesses, and properties described in this publication are owned or operated by Neurim and/or any affiliates and subsidiaries. The terms “Neurim,” “company,” “we,” “our,” and “its” when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.

“Website” refers to the website located at the following URL www.circadin.com;
Subject to the above note, “We” refers to Neurim Pharmaceuticals (1991) Ltd., a company registered in Israel (“Neurim”).

Intellectual Property

1. As between Neurim and you, Neurim is the sole owner of all content on the Website including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights (including, but not limited to, screen displays, content, text, graphics and look and feel of the Website, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. Except as otherwise provided in these Terms, you may not download or save a copy of the Website or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights.

2. For the avoidance of doubt, you may not mirror on another web server all or any part of the material on this Website and you may not copy any of the graphics contained in any material published on this Website.

3. Neurim is the owner of several patents, trade names, copyrights, trade secrets and other intellectual property rights. Such rights are the sole property of Neurim, and the mention of products or services which are subject to such rights in this Website does not grant any license to use such intellectual property rights by any third party.

4. These web pages or any portions thereof may not be framed, reproduced or redistributed for commercial gain or any other purpose. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the Website. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, copy, display, or commercially exploit any material from the Website. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Website. Moreover, any Neurim, affiliate, or third party corporate names and logos may not be altered or used without specific, prior written permission.

Website availability

5. The information on this Website is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied.

6. The information contained in this Website is based on up to date information and while Neurim makes all reasonable efforts to ensure that material on this Website is correct, current and complete at the date of publication, accuracy cannot be guaranteed. Without limitation of the foregoing, Neurim specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action.

7. Neurim does not warrant or guarantee: (i) that any portion of the Website will be free of infection by viruses, worms, Trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the web site will be uninterrupted or error-free. We do not warrant that this Website will be available at any time.

Links

8. Certain (hypertext) links in this Website may lead to other websites, which are not under the control of Neurim. When you activate any of these links you will leave the Website. Neurim has no control over, does not endorse and will accept no responsibility or liability for the material on any site which is not under the control of Neurim. We will not be responsible for the content of any advertising or sponsorship that may appear on our Website from time to time nor for compliance of the same with any laws or regulations.

Liability

9. By entering this Website, you acknowledge and agree that the use of this Website is at your own risk and to the extent permissible by applicable law, under no circumstances, including, but not limited to, negligence, shall Neurim be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Website or any other Neurim web site, even if Neurim or a Neurim authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In no event shall Neurim’s total liability to you herein, for any claim or action arising from use of the Website (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Neurim’s liability shall be limited to the fullest extent permitted by law.

10. Neurim may change the information at any time without notice. You should take appropriate steps to verify all information on this Website before acting upon it. Your action or reliance on the content of this Website is your own responsibility.

11. The information on the Website should not be considered a substitute for direct patient and physician contact and is not intended to interfere with the doctor-patient relationship. The information is also not intended to replace any professional literature or advice.

12. You acknowledge that Neurim makes no warranty or representation, either expressed or implied relating to the merchantability or fitness for a particular purpose of products advertised or promoted on the Website. In addition, no liability can be accepted by us in respect of any changes made to the content of this Website by un-authorised third parties.

13. Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.

14. Nothing in these Terms and Conditions will operate to:
1. Limit or exclude our liability for death or personal injury caused by our negligence;
2. Limit or exclude our liability for fraud or fraudulent misrepresentation;

Account Administration

15. If the Website you are accessing has a user name or password, you must keep these confidential and not transfer these to anyone else.

16. You are responsible for (i) all information posted on the Website; and (ii) payments due for services accessed through the Website by anyone using your user name and password. You must notify Neurim immediately if you suspect that someone else is using your user name and password.

17. If the Website has restricted sections, you may not adapt or circumvent any part of the Website so that it is accessible to those without authorizations to access it.

18. You warrant that you will not:
1. Use the Website to obtain unauthorized access to other systems through this Website;
2. Download or otherwise transmit any material containing a virus or any harmful code or application that could modify or disrupt in any way the Website or the equipment used by Neurim or other users of the Website.
3. Advertise of any sort, including any competing products, sale of products, solicitation, self-promotion and spams.
4. Add or include false, inaccurate or – at our sole discretion – misleading information.
5. Use offensive language, including against any population group, companies, or against us, our employees, suppliers, distributors or affiliates.
6. Add any contents that might threaten, harass or infringe the rights of any other person, including content revealing private information relating to other users of the Website.
7. Add, include or use on the Website any content that might – at our sole discretion – commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
8. Unless specifically requested, Neurim does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, any of its services, by e-mail, or in any other way. By submitting or sending information or other material to Neurim you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Neurim, you grant Neurim the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by you to or through the Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Neurim and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you.

19. Neurim may suspend or cancel your access to this Website immediately if you do not comply with these terms and conditions.

Newsletter Subscription

20. By joining our mailing list, you agree to have your contact details become part of our mailing list database. The database enables us to send you information about our products, sleeping pills and other sleeping related issues. Neurim has rights to the database. We will take all reasonable steps to ensure that your contact details remain confidential at all times. Neurim complies with applicable data protection laws. Please refer to the Neurim Privacy Policy and Cookie Policy for full information regarding your personal data when using the Website.

General

21. These Terms constitute the entire agreement between you and Neurim in relation to your use of this Website and its content.

22. These Terms and Conditions and the contents of this Website shall be governed by Israeli law and any dispute arising in relation to the Terms shall be subject to the exclusive jurisdiction of the Israeli courts. Non-contractual obligations (if any) arising out of or in connection with these terms and conditions (including their formation) shall also be governed by the laws of Israel.

23. If any part of these Terms and Conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

24. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

Contact Information

25. You can contact us by filling a form or sending an email to the details given on the Contact Us page of the Website.
Last update: May 27, 2021.

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