TERMS OF
SERVICES
Please read these terms and conditions (these “Terms and Conditions”) carefully before using this website and/or the services provided hereunder brought to you by CephX Technologies Ltd., and it subsidiary, CephX, Inc. (collectively, “CephX”). These Terms and Conditions describe the terms and conditions applicable to your use of our website and the services we provide through such website (the “Services”). By using this website and/or the Services, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, please do not use this website or the Services.
CephX may modify this website and these Terms and Conditions at any time. Modifications will be posted on the website, so please check back when you use the website. By continuing use of the website after such changes are posted you will be accepting such changes.
THIS WEBSITE DOES NOT PROVIDE PROFESSIONAL SERVICES ADVICE
THIS WEBSITE DOES NOT, IN ANY WAY, CONSTITUTE PROFESSIONAL ADVICE OR A SUBSTITUTE FOR SEEKING EXPERT OPINION OR SERVICES. The content on this website and the Services provided are offered solely on an “as is” and “as available” basis. We emphasize that we are not in any way a medical organization and cannot give out medical advice or diagnosis. You are encouraged to confirm the information contained herein with other sources. You should not construe CephX’s publication of this content as an endorsement by CephX of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, or action made by the author of the content.
REGISTRATION
In order to access the Services, you will have to go through a registration process. You are solely responsible for the activity that occurs through your account, so we urge you to keep your account password secure and to always log-off when leaving your computer unattended. Although CephX will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of CephX or others due to such unauthorized use – so we strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach.
In addition, you agree to control your password and other sensitive information (such as PHI and PII) in accordance with all information security rules and regulation (such as ISO 27001 and HIPAA) and to notify us immediately if an unauthorized person attempts to access or use your account or if any other security breach takes place. It is your responsibility to monitor all activities under your Account, regardless of whether you are aware of them.
The responsibility for protecting your personal data and maintaining the confidentiality of your user information as well as your password lies entirely with you. It is also your responsibility to immediately notify Cephx if your account information or password has been compromised. If someone else uses your username or password, either with or without your knowledge, Cephx will not be held liable.
SCOPE OF USE
CephX invites you to view, use and download a single copy of this website for your informational, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the expressed written permission of CephX. You understand that CephX may discontinue, change, or restrict your use of this website for any reason without notice.
NO WARRANTIES
All content on this website is provided to you on an “as is” and “as available” basis without warranty of any kind either express or implied. CephX makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through this website. You are responsible for verifying any information before relying on it. Use of the website, the services provided and the content available on the website is at your sole risk. CephX makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website is free of viruses.
Limitation of Liability; No Duty to Update
Your use of the website or any content on the website is at your own risk. CephX specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if CephX has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
CephX does not warrant that the functions contained in this website are free of computer viruses or other harmful components. Although the content of this website is updated periodically, CephX does not have a duty to update information contained in this website, and CephX will not be liable for any failure to update such information. CephX does not assume any responsibility or liability for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through this website. It is your responsibility to verify any information contained in this website before relying upon it.
INTELLECTUAL PROPERTY RIGHTS; OWNERSHIP
The underlying platform of the Services is either the proprietary property of CephX or the proprietary property of our licensors or licensees. “CephXTM”, “DigitTM” and other trademarks, slogans, service marks, trade names, and trademarks which appear via the Serviced an on the websites are proprietary to CephX. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by CephX. Furthermore, all content of this website is protected by U.S. and foreign copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in this website without our prior written permission except for your own personal, non-commercial purposes. Except as provided herein, nothing contained in this website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of CephX or any third party. All rights not granted under these Terms and Conditions are reserved by CephX.
You shall will not (i) misappropriate any part of the Services or modify, disassemble, decompile, reverse engineer, copy, reproduce or create derivative works from or in respect of the Services; (ii) damage or tamper with any part of the Services; (iii) breach any of our security measures; or (iv) access the Services in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Services. Any improvements, enhancements or modifications to the Services created, suggested or requested you shall be automatically assigned to, and owned by CephX.
You acknowledge and agree that nothing in these Terms and Conditions shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights contained within the Services or the content of the website or any part thereof to you or any third party nor to authorize you to create derivative works based on any content you do not own.
LINKS
This website may contain links to websites operated by other parties. The linked sites are not under the control of CephX, and CephX is not responsible for the content available on any other Internet sites linked to this website. Such links do not imply CephX’ endorsement of material on any other site and CephX disclaims all liability with regard to your access to such linked websites. CephX provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this website is at your own risk.
Unless otherwise set forth in a written agreement between you and CephX, you must adhere to CephX’ linking policy as follows: (i) any link to this website must be a text only link clearly marked “CephX.com” or “CephX website”, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with CephX’ names and trademarks, (iii) the link must “point” to www.CephX.com and not to other pages within the website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with CephX, (v) when selected by a user, the link must display the website on full-screen and not within a “frame” on the linking website, and (vi) CephX reserves the right to revoke its consent to the link at any time and in its sole discretion.
RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS
In addition to any right or remedy that may be available to CephX under these Terms and Conditions or applicable law, CephX expressly reserves the right to suspend, limit or terminate your access to the website and/or the Services, at any time with or without notice and with or without cause.
FEEDBACK FROM YOU
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of CephX, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, CephX may use or redistribute any such submission and its contents for any purpose and in any way it deems fit.
To provide such submissions or feedback, please email info@CephX.com
LIABILITIES AND INDEMNITIES
You shall release, indemnify and hold harmless CephX and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever, known and unknown (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by CephX and/or any of its Related Parties resulting from or arising out of any violation of these Terms and conditions by you, including, without limitation, any infringement of any third party’s rights by your use of the Service or through Content you provide.. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” CEPHX WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR CEPHX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CEPHX WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THE SITE OR IN THE APP, WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY CEPHX OR ANY THIRD PARTY.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
MISCELLANEOUS
(a) These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter hereof; (b) If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions; (c) You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as the Service is not intended for children under thirteen (13). If you are under thirteen (13) years of age, then please do not use the Service; (d) These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.
Our products/services are going through processes of quality assurance intended for improving our products and customer satisfaction. Nevertheless, the quality and accuracy of our service is also dependent on correct input provided by the users and complying with camera and x-ray equipment minimal requirements for uploading images.
· In using our services, you are stating and declaring that:
· You are 18 years of age and older, a registered and licensed physician.
· The service outputs are being reviewed and approved by the physician/ dentist before a final decision for treatment is being made.
· The service is used as a supportive decision tool only, and the final decision of the physician/ dentist is based on other criteria and on its sole responsibility and liability.
· You are providing correct data input.
· You are using camera and x-ray equipment that complies with the minimal requirements.
· Using the Service and website against ORCA Terms of Service is strictly prohibited and legal actions may be taken towards the infringers.
VIOLATIONS AND ADDITIONAL POLICIES
CephX reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this website, including the right to block access from a particular Internet address to the website.
CANCELLATION POLICY
No Refund will be given if an existing subscription is canceled, upgraded or downgraded. A subscription can only be canceled by sending an email to support@cephx.com. An additional monthly fee may apply if a subscription is canceled less than 7 days in advance of the next renewal date.
QUESTIONS
If you have any questions about these Terms and Conditions, please contact us at info@CephX.com.
