BioNanoSim (BNS) Ltd. (“BNS”, “we” or “us”) welcomes you (“you”, “user”) to BNS’s website (the “Site”).

Please carefully read the following terms and conditions (these “Terms”).

Consent and Modification

Your use of the Site and is subject to these Terms. By accessing the Site, you are agreeing to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from accessing or using this Site, in any manner.

We may modify, suspend or discontinue (temporarily or permanently) the Site or revise these Terms from time to time, without prior notice.

When we do, we will revise the “last updated” date given below. It is your responsibility to review these Terms frequently and to remain informed of any changes made. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Site will constitute your acceptance of such revised Terms.

Use of the Site

The Site provides content and information about BNS, its activities, personnel, areas of practice, activities and more. The Site’s content is presented for informative purposes only. The information and content provided on and through this Site does not, and is not intended to, constitute any form of professional advice.

You may contact us by using the ‘Contact’ form available on our Site. To complete our online form, we will ask you to provide us with certain contact information, as further described in our Privacy Notice, which can be viewed here: https://www.bionanosim.com/privacy-policy/. Should you provide false, incorrect, incomplete or outdated information, you may impair our ability to contact you.

Nothing on the Site, including submission of “Contact Us” forms, obligates us to contact you and/or make any engagements or business arrangement with you, engage in any present or future activities or engage in any discussions or negotiations with you.

The following terms define the acceptable use of the Site and its content. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Site and the access and use of the Site by anyone on your behalf. When using the Site, you agree to refrain from:

breaching these Terms or any other applicable rules and instructions that BNS may convey with respect to the use of the Site;

• interfering with, burdening or disrupting the functionality of the Site;
• breaching the security of the Site or identifying any security vulnerabilities in it;
• circumventing or manipulating the operation, or functionality of the Site, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Site;
• using or launching any automated system, including without limitation, robots, crawlers and similar applications to collect and compile content from the Site, for the purposes of competing with the Site, or in such ways that may impair or disrupt the Site’s functionality;
• displaying the Site or any part thereof in an exposed or concealed frame, or linking to elements on the Site, such as images, content and videos, independently from the web pages on which they originally appear;
• impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; and/or using the Site in a manner that violates the law.

Links to other sites and online sources

The Site may include links to other Sites and online sources. BNS does not operate or monitor these Sites. By linking to a certain Site, BNS does not endorse or sponsor its content, or confirm its accuracy, credibility, authenticity, validity, integrity or legality. BNS assumes no responsibility or liability for such third party Sites.

 Privacy

We respect your privacy. BNS’s Privacy Notice, which can be viewed here https://www.bionanosim.com/privacy-policy/ explains our privacy practices on the Site and is incorporated by reference to these Terms.

Intellectual property

All rights, title and interest on the Site, including the content, patents, copyrights, trademarks, trade names, service marks, trade secrets, domain names and other intellectual property rights, and any goodwill associated therewith, are owned by BNS.

Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Site, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, service marks, domain names and logos of BNS.

You must refrain from any action or omission which may dilute, or tarnish BNS’s goodwill.

You agree to abide by all messages and signs pertaining to proprietary rights, such a copyright mark [©] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.

Changes in the Site

BNS may change the Site’s layout, design or display, as well as the scope and availability of the content and the Site, without giving any prior notice. You agree and acknowledge that BNS does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.

Site availability

The availability and functionality of the Site depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. BNS does not warrant or guarantee that the Site will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.

Termination of operation

BNS may at all times, in its sole discretion, terminate the operation of the Site, or any part thereof, temporarily or permanently. BNS may not give any notice prior to the termination of the Site. At any time, BNS may block, remove or delete any content from the Site, without maintaining any backup copy. You agree and acknowledge that BNS does not assume any responsibility with respect to, or in connection with the termination of the Site’s operations and loss of any data.

Disclaimer of Warranty

The Site may contain descriptions of certain activities and results. Each of these matters and the results were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome.

WITHOUT DEROGATING FROM THE FOREGOING, THE SITE IS PROVIDED FOR USE “AS IS”. BNS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

Limitation of Liability

BNS, INCLUDING BNS’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SITE, OR FROM ANY FAULT, OR ERROR MADE BY BNS’S STAFF OR ANYONE ACTING ON BNS’S BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE SITE, OR FROM ANY COMMUNICATION WITH THE SITE, OR WITH OTHER USERS AND PROFESSIONALS ON OR THROUGH THE SITE.

Assignment

These Terms are personal to you, and you may not assign your rights or obligations hereunder to anyone. BNS, however, may assign these Terms without your notice or consent.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Israel without giving effect to its conflict of laws rules and you irrevocably submit to the sole and exclusive jurisdiction of the courts in the city of Tel Aviv, Israel.

Entire Agreement

The Terms and the documents referenced herein constitute the entire agreement between you and BNS with respect to the use of the Site and supersedes any and all other agreements.

Failure on BNS’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of BNSs rights under the Terms.

Severability

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Survival

The provisions of the intellectual property, disclaimer of warranty, limitation of liability, shall survive the termination, or expiration of the Terms.

 Last Updated: July 2020