This is BrainsWay’s global website. The website includes information on clinical indications that were not cleared by the FDA and are considered investigational by the U.S. medical device regulations. BrainsWay treatment is FDA cleared for patients with MDD who failed to respond to one or more anti-depressants in the current episode.
Brainsway® Ltd. and its affiliates (“Brainsway“, “Company“, “our” or “we“) welcome you to our website at: https://www.brainsway.com/ (the “Site“) (“User” or “you“). Each of the Site’s users may use the Site in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
The Site is designed for patients, physicians and researchers who have interest in our products and field of business. The Site includes, inter alia, the following features:
The Site includes our proprietary content or licensed content of others, and may include additional resources such as FAQ and support, contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications, materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features available on or through the Site (collectively, the “Content”). The Terms do not convey to you any interest in or to the Site’s Content but only a limited revocable right to use the Content in accordance with the provisions set forth in these Terms. Further, the Site provides the Users the ability to contact us via the Contact Form available in our site (“Contact Form“).
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY SERVICES PROVIDED BY ANY PERSON OR ENTITY OTHER THAN BRAINSWAY.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. BRAINSWAY DOES NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED IN THE SITE, NOR DOES IT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS.
YOUR USE OF THE SITE AND/OR CONTENT IS ENTIRELY AT YOUR OWN RISK.
3. No Professional Relationship; No Medical Advice
The Site provides general information relating to the Company and its developments of advanced technology solutions for the treatment of a variety of brain disorders for educative and informative purposes. All such information is not intended to replace or complement any professional medical consultation, advice or treatment.
All information displayed on or throughout the Site does not create any doctor-patient relationship. ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE OR SERVICES RELATING TO YOUR HEALTH IS AT YOUR SOLE RESPONSIBILITY. It is always recommended to consult with a professional prior to making any decisions affecting your health.
4. Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with the provisions set forth herein may expose you to civil and/or criminal liability under any applicable jurisdiction.
You may not, whether by yourself or anyone on your behalf, unless otherwise explicitly permitted under these Terms: (i) use the Site in any way to distribute or link to spam or unsolicited mail or similar conduct; (ii) use the Site if you reside in a jurisdiction where your use of the Site may be illegal or otherwise prohibited. You hereby represent and warrant to the Company that you (or your competent legal custodian, as applicable) shall be fully responsible and liable to determine whether your use of the Site is lawful and whether your compliance with all applicable laws and terms; (iii) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (iv) copy, made derivative works, modify, alter, adapt, make available, publicly perform, distribute, display, translate, port, reverse engineer, decompile or disassemble any portion of the Site or Content; (v) create a browser, frame, border environment or GUI around the Site; (vi) frame, scrape or mirror any part of the Site or Content without Brainsway’s prior express written authorization; (vii) create a database by systematically downloading and storing any Content from the Site; (viii) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (ix) post or upload any content which is harmful or calls for harmful actions to you and/or others or which are dangerous to your and/or anyone else’s health, well-being or life, whether certain, potential or unexpected; (x) stalk, threaten, harass or invade the privacy of other Users; (xi) harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device, process or method to access the Site and/or retrieve index and/or data-mine information; (xii) falsely state or otherwise misrepresent your affiliation with any person or entity, or imply that Company endorses you, your website, your business or any statement you make, or present false information about the Company and/or the Site; (xiii) transmit, distribute, display or otherwise make available through or in connection with the Site any content which may infringe third party rights, including Intellectual Property (as defined below), attribution, publicity, privacy and/or copy rights, or which may contain any unlawful content; (xiv) use, transmit or otherwise make available any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other invasive computer code, file, component or program that may or is intended to damage or hijack the operation of any hardware, software, telecommunications or security measures; (xv) bypass any measures we may use to prevent or restrict access to the Site and/or any part thereof; (xvi) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of Brainsway or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (xvii) sublicense, sell, rent, transfer, lend, combine with other software , or make any commercial use of the Site, Content or Intellectual Property; and/or (xviii) infringe and/or violate any of the Terms.
In addition, you warrant that the execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject.
5. Contacting us via the Site
You do not have to register in order to visit the Site. However, in order to contact us using the Site, you will need to fill out and complete the Contact Form.
6. Intellectual Property
The Site (including without limitation, the Content and products available therein), the Company’s proprietary assets and any and all intellectual property right pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, service marks and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned by and/or licensed to the Company and are protected by copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any Feedback, comments or suggestions to Brainsway via the Site (“Feedback”), Brainsway shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Brainsway current or future products, technologies or services and use the same for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require Brainsway to comply with any additional obligations with respect to any Brainsway current or future products, technologies or services that incorporate any Feedback.
7. Copyright Agent
Brainsway respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Brainsway’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Brainsway to locate the material; (iv) information which will enable Brainsway to contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Brainsway ‘s Copyright Agent can be reached at: info@Brainsway.com.
8. Social Media Features
The Site may include social media sharing and posting features and other integrated tools (e.g. sharing and posting content via Twitter, Linkedin, Yahoo, Facebook and Google+ etc.) (“Social Features“).
9. Trademarks and Trade names
Brainsway’s marks and logos and all other proprietary identifiers used by Brainsway in connection with the service (“Brainsway Trademarks”) are all trademarks and/or trade names of Brainsway, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the website belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Brainsway Trademarks and the Third Party Marks is granted to you hereunder.
11. Linking to our Site
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Brainsway and does not portray Brainsway in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Brainsway’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. We do not permit framing or inline linking.
12. Changes to the Site and the services provided therein
Brainsway reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Brainsway shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein.
The Site’s availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free. The Company explicitly states, and you hereby acknowledge, that no representation or guaranty is given with regards to the availability of the Site.
14. Disclaimer and Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE INCLUDING WITHOUT LIMITATION ANY CONTENT AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BRAINSWAY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “BRAINSWAY’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE SITE AND/OR ANY OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, AND (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND ANY PRODUCT AVAILABLE THEREIN, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE. THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE AND/OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SITE FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
15. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL BRAINSWAY, INCLUDING BRAINSWAY’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION AND/OR DEFAMATORY) RESULTING FROM OR ARISING OUT OF THE SITE, OR THE USE OR INABILITY TO USE THE SITE, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF BRAINSWAY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF BRAINSWAY BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY OR BRAINSWAY’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, BRAINSWAY AND BRAINSWAY’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO BRAINSWAY FOR USE OF THE SITE OR $1 USD, WHICHEVER IS GREATER. COMPANY HEREBY FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE USE BY ANY THIRD-PARTY INFORMATION, WHETHER PERSONAL OR OTHER, YOU HAVE MADE PUBLICALLY AVAILABLE ON OR THROUGH THE SITE.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH IN THIS AGREEMENT, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Brainsway and Brainsway’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of inability to use and/or activities in connection the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site . It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
17. Amendments to the Terms
Brainsway may, at its sole discretion, change the Terms, from time to time, including any other policies incorporated thereto so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
18. Termination of the Site’s operation
At any time, Brainsway may block your access to the Site and/or temporarily or permanently limit your access to the Site, at its sole discretion, in addition to any other remedies that may be available to Brainsway under any applicable law.
Additionally, Brainsway may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Brainsway does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and/or loss of any data.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
(a) These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto,
(b) any claim relating to the Site or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles,
(c) any dispute arising out of or related to your use of the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the competent courts of the Tel-Aviv district, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Brainsway may seek injunctive relief in any court of competent jurisdiction,
(d) if any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions,
(e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default,
(f) any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof,
(g) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED,
(h) these Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company. The Company may, at its sole discretion, provide you with certain documentation (such as user guides) in connection with the Site. Such documentation may contain examples and other descriptions regarding the Site, data retention and/or Company’s usage of certain information. Such examples and descriptions are for illustration purposes only and Company’s policies regarding such matters as described in these Terms shall prevail at all times,
(i) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein,
(j) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification
(k) no amendment hereof will be binding unless in writing and signed by Brainsway,
(l) the parties agree that all correspondence relating to these Terms shall be written in the English language.
20. Have any Questions?
If you have any questions (or comments) concerning the Terms, you are most welcome to contact us at email@example.com and we will make an effort to reply within a reasonable timeframe.