Oramed Pharmaceuticals Inc. and its affiliates and subsidiaries (“Oramed,” “we,” “us,” “our”) welcome you to its website located at www.oramed.com and any web-pages included thereto (collectively, the “Site”). The following terms and conditions (“Terms and Conditions”) govern all use by you of the Site, whether as a casual visitor, an investor, scientist, patient or a purchaser of products or services. Please take a moment to review these Terms and Conditions.
By accessing, viewing, submitting, or using the content, material, or services available on or through the Site, you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, (i) acknowledge that you have read and understand these Terms and Conditions, and (ii) agree to these Terms and Conditions and intend to be legally bound by them. If you do not agree to these Terms and Conditions, or if you are under the age of thirteen (13), you are not granted permission to use the Site and must exit immediately.
You should also read the following additional terms, which also apply to your access to and use of our Site:
We may update these Terms and Conditions from time to time in our sole discretion. All changes shall take effect immediately upon posting of the updated Terms and Conditions on the Site. You should periodically check the Site for updates. Any use of the Site by you after the effective date of any changes will constitute your acceptance of such changes. If you fail to re-review these Terms and Conditions as required to determine if any has changed, you assume all responsibility for such omissions.
1. Grant of License
Oramed grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only, subject to your acceptance of and compliance with these Terms and Conditions. Subject to the limitations and restrictions provided in these Terms and Conditions, material contained on the Site may be downloaded, viewed, and printed solely for your personal and non-commercial use, provided that all trademark, copyright, and other proprietary notices appearing in such material is retained. All other rights not expressly granted in these Terms and Conditions are hereby reserved by Oramed.
2. Informational Purposes Only
The information on the Site is for informational purposes only. No information, services, or materials offered by or through the Site shall be construed as or understood to be medical advice, diagnosis or treatment. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. Reliance on the content made available on the Site or any portion thereof is solely at your own risk.
Oramed endeavors to keep the Site and Site Materials (as defined below) made available on, in, and through the Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Oramed is not responsible for any errors or omissions in the Site or Site Materials. Oramed may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with the Site, at any time, and Oramed makes no commitment to update the information contained on or in the Site.
Except as otherwise expressly authorized by these Terms and Conditions, you shall not, and shall not permit any third party to:
- copy, reproduce, modify, lease, license, sell, create derivative works from, transmit, distribute, display, market, deconstruct, or reverse engineer any portion of the Content in any manner without the prior written permission of Oramed;
- engage in any unlawful, false, misleading, offensive, obscene, pornographic, threatening, harassing, or abusive activities or postings on the Site;
- post or share content on the Site in any way that infringes, misappropriates or violates any third-party copyrights, trademarks, other intellectual property or proprietary rights, or privacy rights;
- post or share content that constitutes improper disclosure of a third party’s confidential information;
- post or share content that constitutes a misappropriation of a third party’s trade secrets;
- post or share content, or engage in any other conduct in connection with the Site, that constitutes or gives rise to claims for product liability, tort, breach of contract, personal injury, death, or property damage;
- post, input, or upload to the Site any data or information containing viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that: (i) damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; (ii) damage, disrupt, interfere with, or destroy the performance or function of or access to the Site; or (iii) facilitate, enable or are intended to engage in any of the above-mentioned conduct;
- frame or use framing techniques with respect to any Oramed content on the Site; or
- misrepresent your identity.
4. Proprietary Rights
All works of authorship, information, content, data, illustrations, graphics, audio, video, pictures, recordings, drawings, artwork, images, text, forms and look and feel attributes, processes, software, interfaces, features, functional components, and other material appearing on or contained in the Site, and any enhancements to or derivative works of any of the foregoing (collectively, “Site Materials”) are protected by law, including United States copyright law. Except as may be explicitly stated on the Site, all intellectual property and proprietary rights in and to the Site Materials are the exclusive property of Oramed or Oramed’s affiliates, licensors, or suppliers. Oramed also owns a copyright the Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Oramed, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Oramed, without Oramed’s prior written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Oramed or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited.
5. Materials Submitted to the Site
(a) By submitting information, content or other materials (“User Materials”) to or using the Site, you represent that you have the full legal right to provide the User Materials and that use of the User Materials by Oramed and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate a law, statute, ordinance, or regulation of any country (collectively, “Law”); (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how or (i) constitute disclosure of any confidential information owned by any third party.
(b) Upon your submission of User Materials or other material or information to Oramed, you grant Oramed, and Oramed accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, royalty-free right and license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials and any other material or information that you submit to the Site for the purpose of providing the Site, products and services and for all other business purposes of Oramed. Oramed may remove User Materials from the Site at any time for any reason in Oramed’s sole discretion. Oramed shall not be responsible for changes, modifications, or removal of any User Materials that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms and Conditions.
(c) You acknowledge and agree that User Materials may be transferred by Oramed and its agents, representatives, contractors, and licensees outside of any country, state or territory in which you may be located, including outside the United States. In addition, you acknowledge and agree that it is your obligation to inform third parties of the processing of their personal information in connection with the User Materials and to ensure that any required third parties have given their consent to such processing as required by all applicable Law, including data protection legislation. You shall have sole responsibility for all User Materials, including the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all User Materials. You acknowledge and agree that when you share User Materials with third parties or make available User Materials to third parties, you allow the recipients to share, distribute, reproduce, display, and copy such User Materials. Oramed will not, and is not obligated to, maintain back-up copies of any User Materials.
6. Third Party Materials, Products and Services
Oramed does not claim ownership of or responsibility for any information, materials, comments, statements, content, services, products, or User Materials submitted by you or any other third parties on the Site (“Third Party Content”). Oramed makes no representations, warranties, or guarantees with respect to the accuracy, quality, timeliness, confidentiality, or security of any such Third Party Content. Oramed has no obligation to review, correct, or update any Third Party Content and Oramed is not liable for any inaccuracies or errors therein. Oramed cannot and does not grant you any authorizations, licenses or other permissions with respect to any Third Party Content. If you would like to use any Third Party Content, we strongly recommend that you first contact the owner of that Third Party Content.
7. Third Party Links
The Site may contain links to third party websites and resources (“Third Party Links”). Third Party Links are provided solely for your convenience and are not and should not be construed as endorsement by Oramed of the content, information, services, or other material contained on such Third Party Link, and Oramed makes no representation, warranties, or guarantees as to the accuracy, quality, timeliness, confidentiality, or security thereof.
8. Communications with the Site
Oramed welcomes your feedback, suggestions, information, data and other materials (collectively, “Submissions”) about how to improve our products, information, services and the Site. Such Submissions shall be deemed User Materials in accordance with Section 5 of these Terms and Conditions. Without limiting the foregoing, Oramed shall have the worldwide, perpetual, non-terminable, irrevocable, transferable, royalty-free right and license (but not the obligation) to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including creating and marketing products, information, or services using such Submissions.
9. Nature and Use of the Internet
Given the nature of the Internet, the transmission of any communication or material to Oramed via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be, secure. As an alternative to communicating via the Internet or e-mail, Oramed can be contacted by regular mail at Oramed Pharmaceuticals Inc., 1185 Avenue of the Americas, Third Floor, New York, New York 10036; or by phone at +1 (844) 967-2633. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Oramed nor its contractors or agents will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
10. Disclaimer of Warranty and Liability
THE SITE, THE SITE MATERIALS, USER MATERIALS, THIRD PARTY CONTENT AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED ON, IN, AND MADE AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “ORAMED OFFERINGS”) ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
ORAMED MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE ORAMED OFFERINGS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO THE ORAMED OFFERINGS IS WITH YOU.
ORAMED SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR LOST REVENUES, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE ORAMED OFFERINGS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ORAMED TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM ORAMED OFFERINGS EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN ORAMED’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to: (i) defend Oramed, any corporate parent, subsidiary or affiliated company, and the directors, officers, employees, agents, shareholders and contractors thereof (collectively, “Oramed Indemnitees”) from and against any and all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions, and (ii) indemnify and hold harmless each and every Oramed Indemnitee from and against all judgments, losses, liabilities, damages, costs, and expenses (including court costs and reasonable fees and disbursements incurred by attorneys, investigators, and expert acting for or on behalf of Oramed) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Oramed. Oramed may additionally obtain counsel of its choice, provided that Oramed will be responsible for all such counsel’s fees, costs and disbursements.
12. Complaint Procedure
If you believe that any Oramed Offerings violate your intellectual property or other rights, please send to Oramed by email at email@example.com a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement, if accurate: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
13. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the Oramed Offerings, you consent to the exclusive jurisdiction of the courts presiding in New York, New York, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
14. Securities Information
The Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site may contain information and press releases about Oramed, and although this information was believed to be accurate as of the date prepared, Oramed disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
15. Changes to the Site; Termination of Access
Oramed reserves the right at any time to modify, alter or update these Terms and Conditions. Any change shall be effective when notice of such change is posted. Your continued use of the Site after any change to these Terms and Conditions is posted will be considered acceptance of such changes. Notice of any new or revised Terms and Conditions will be posted on the Site for at least sixty (60) days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any user who has visited the Site before the change was made. Oramed reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
16. Copyright and Trademark Notices
All content appearing on the Site is Copyright © 2022 Oramed Pharmaceuticals, Inc. or our affiliates or suppliers. All rights reserved. Oramed or our affiliates or suppliers own the title, copyright, and other intellectual property rights in the services and its content. ORAMED and the names, logos, and icons appearing on the Site may be either unregistered or registered trademarks owned by Oramed in the United States and/or other countries.
The names of third-party companies and products appearing on the Site may be the registered or unregistered trademarks of their respective owners.
These Terms and Conditions, including the Privacy Notice, represent the entire agreement between you and Oramed with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied. Without limiting anything else, Oramed makes no representation that the Site, the Site Materials, User Materials, Third Party Content or the services, information, and products offered on, in, and made available through the Site are appropriate or available for use in any location and access to them from territories where they are illegal is prohibited. As such, Oramed reserves the right to limit the provision of its products or services to any person, geographic region or jurisdiction. Those who choose to access the Site do so on their own volition and are responsible for compliance with applicable laws. Supply for goods, services and software through the Site is subject to the United States export control and economic sanctions requirements. Headings used in these Terms and Conditions, including the Privacy Notice, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Notice). The waiver or failure of Oramed to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Effective May , 2022.