Frutarom Industries Ltd. and/or its affiliates (“Frutarom”), operates and owns this web site (the “Site”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY BEFORE USING THIS SITE. BY ACCESSING, BROWSING AND USING THE SITE, YOU ACCEPT AND AGREE, WITHOUT ANY LIMITATION OR QUALIFICATION, TO BE LEGALLY BOUND BY ALL OF THE FOLLOWING TERMS, CONDITIONS AND NOTICES CONTAINED OR REFERENCED HEREIN:
1.1 If you are accessing this Site as a representative of an organization, the Agreement bind both you individually and the organization and references to “you” and “your” shall be construed to apply jointly and severely to you individually and the organization.
1.2 Frutarom reserves the right to modify and/or amend the Agreement without notice and any such modifications and/or amendments are effective when they are posted on the Site.
2. Prohibited Use
2.1 As a condition of your use of this Site, you will not use the Site or the information contained herein for any purpose that is unlawful or prohibited by law and/or by the Agreement. You will not use this Site in any manner that could damage, disable, overload or impair the operation of this Site or use by third parties.
2.2 Any copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site for any purposes are STRICTLY prohibited, other than as explicitly provided in this Agreement.
2.3 Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written consent of Frutarom is prohibited.
2.4 You further agree not to: (i) delete or revise any information, materials, or data on the Site; or (ii) harvest or otherwise collect information about others from the Site, including e-mail addresses, without their consent; or (iii) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; or (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any operation being conducted on the Site; or (v) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Frutarom on the Site and other than generally available third party web browsers; or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
3.1 The contents of this Site are copyrighted. Any rights not expressly granted herein are fully reserved. Any reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Frutarom is strictly prohibited except in accordance with the Agreement.
3.2 The use of this Site and the content therein is permitted to private, noncommercial use only. You agree that any use the contents of the Site, such as on your computer or printing copies or extracts from these pages, is strictly for non-commercial, personal use, provided that you keep all Frutarom’s copyright and other proprietary notices contained in the materials or as specified on the Site. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site, including the text, images, audio, and video, for public or commercial purposes without Frutarom’s prior written consent.
3.3 Any Images displayed on the Site are either the property of, or used with permission by, Frutarom. The use of these images by you, or anyone else on your behalf, is prohibited other than as explicitly provided in this Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3.4 Individual documents on the Site may be subject to additional terms indicated in those documents. The use of press releases and other documents classified as public is permitted in public communications if the source of the information has been stated.
3.5 Frutarom neither warrants nor represents that your use of any information, materials or data or any other contents displayed on the Site will not infringe rights of third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Frutarom intellectual property right (including, but not limited to any patent, trademark, trade name, copyright or trade secret).
4.1 All rights in the product names, company names, trade names, logos, product packaging and designs of all Frutarom or third-party products or services, whether or not appearing in large print or with or without the trademark symbol, belong exclusively to Frutarom or to their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws.
4.2 The absence of mentioning any of rights with respect to trademarks, service marks or trade names whether registered or not, which may attach to certain words or signs used herein, in no way implies that there is no protection of these marks, trade names, words or signs.
4.3 Any product, process, method or technology described in this Site may be the subject of other intellectual property rights reserved by Frutarom or a third party. The use or misuse of these trademarks or any materials, except as explicitly permitted herein, is expressly prohibited and nothing stated or implied in this Agreement and/or the Site confers on you any license or right under any patent or trademark of Frutarom or any third party.
5. Links to Third-Party Sites
5.1 Your use of or linking to any content on the Site, except as provided in this Agreement, is strictly prohibited.
5.2 This Site may contain links to other Site (“Linked Sites”). The Linked Sites are not under the control of Frutarom and Frutarom is not responsible for the contents of the Linked Sites, including, without limitation, links contained on Linked Sites, or any changes or updates to Linked Sites. If you link to another Linked Sites or any other web sites, you are leaving the Site. If you decide to access any of the third-party Linked Sites, or if you link to this Site from some other web site, you do this entirely at your own risk and without any liability to Frutarom or anyone on Frutarom’s behalf.
5.3 The inclusion of such Linked Sites is not an endorsement by Frutarom in favor of any companies, institutions, organizations, products or services on the Linked Sites. Frutarom is providing Linked Sites for your convenience and therefore Frutarom reserves the right to terminate any link or linking program at any time.
6. Information uploaded
6.1 Any information or material you submit to this Site by any means will be treated as non-confidential and non-proprietary and may be used by Frutarom for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Site will be used by Frutarom.
6.2 Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that: (i) is copyrighted protected or reveals any trade secrets, unless you are the copyright owner; or (ii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; or (iii) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by Frutarom in its sole discretion; or (iv) is sexually-explicit; or (v) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (vi) contains viruses, Trojans, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
6.3 Frutarom reserves the right to review postings on the Site, to remove any postings, and to terminate your ability to post to the Site at any time without notice, in Frutarom sole discretion and without any liability to you or to any other third parties. Frutarom also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
7. Site Security
7.1 You further agree not to violate or take any action which might violate or attempt to violate the security of the Site, including, without limitation:
7.1.1 accessing data not intended for you or logging into a server or account that you are not authorized to access;
7.1.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
7.1.3 attempting to interfere with the use of any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Site.
7.1.4 sending unsolicited e-mail, including promotions and/or advertising of products or services; or
7.1.5 providing any false TCP/IP packet header or any part of the header information in any e-mail or posting.
7.2 Violations of system or network or Site security may result in civil or criminal liability. Frutarom will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
8. No Warranties; Limitation of Liability; Indemnity
8.1 THIS SITE AND ALL SITE INFORMATION IS PROVIDED “AS IS”. FRUTAROM MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL RIGHTS. ANY RELEVANT LEGISLATION GOVERNING THE USE OF THE PRODUCT SHOULD BE OBSERVED BY THE USER TO ENSURE THAT THE USE OF THE PRODUCT AND ANY LABELING IS IN COMPLIANCE WITH ANY LOCAL OR NATIONAL LEGISLATION. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED ARE HEREBY EXPLICITLY EXCLUDED.
8.2 Frutarom makes no warranties or representations as to the accuracy of any information or data presented on the Site. Frutarom shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that access and use of the Site is at the user’s own risk. Frutarom assumes no liability or responsibility for any errors or omissions in the content of the Site.
8.3 Frutarom also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or downloading of any materials, data, text, images, video or audio from the Site.
8.4 IN NO EVENT WILL FRUTAROM AND/OR ITS MANAGERS AND/OR OFFICERS AND/OR EMPLOYEES AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, HOSTING OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL INDIRECT DAMAGES OR PUNITIVE DAMAGES ARISING OUT OF THE ACCESS, USE OR INABILITY TO USE THIS SITE OR ANY INFORMATION, DATA OR CONTENTS CONTAINED ON THE SITE.
8.5 You agree to fully release, defend, indemnify and hold Frutarom harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Site or any Site information, data or contents contained on the Site.
8.6 Frutarom makes no representations or promises to develop or provide or market any product or service discussed on this Site, and you shall not rely on the information provided or the prospect of availability of any product or service currently in development or currently anticipated to be made available in the future.
8.7 Although Frutarom may from time to time monitor or review discussions, chats, postings, transmissions, message boards, and the like on the Site, Frutarom is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, promotional materials, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such locations on the Site. As stated above you are prohibited from posting or transmitting any unlawful, promotional, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Frutarom will fully cooperate with any law enforcement authorities or court order requesting or directing Frutarom to disclose the identity of anyone posting any such information or materials.
8.8 The Site has been designed to provide general information about Frutarom and its products. These pages are not intended to provide investment or medical advice, nor do they provide instruction on the appropriate use of products manufactured or sold by Frutarom or products currently under development by Frutarom, its affiliates, related companies, or its licensors or joint venture partners. Information on this Site regarding products approved for marketing is qualified in its entirety by reference to the full prescribing information for such products. Users of this Site should be aware that products under development described herein might have not been found safe or effective by any regulatory agency or might not be approved for any use.
8.9 Nothing on this Site constitutes an invitation or offer to invest or deal in the securities or depositary receipts of Frutarom. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this Site and the past performance of the price of securities must not be relied on as a guide to their future performance.
9.1 Frutarom reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice and without any liability.
10.1 Any information supplied in any way, whether by telephone, e-mail, letter, facsimile, Internet transmission or other form of communication, is intended solely as general guidance and does not constitute legal, tax, accounting, marketing or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Any statement of facts contained on the Site or in market comments, which may be posted on the Site, are derived from sources believed to be reliable, but are not guaranteed as to accuracy, nor do they purport to be complete. No responsibility is assumed with respect to any such statement, nor with respect to any expression of opinion contained herein.
10.2 You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Site or any Site Information provided on or pursuant to this Site except in full compliance with all local, foreign and other applicable laws and regulations.
10.3 If one or more of the provisions in this Agreement are found to be unlawful or unenforceable or void by law, the remaining provisions will remain in full force and effect. The court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce is Agreement.
10.4 Frutarom may assign its rights and duties under this Agreement to any party at any time without notice to its users.
10.5 By accessing and browsing the Site, you accept, without limitation or qualification, and acknowledge that any other agreements between you and Frutarom concerning the Site are superseded to the extent they conflict with the terms and conditions in this Agreement.
11.1 This Agreement shall be governed by and construed in accordance with the laws of the state of Israel, without regard to the conflicts of laws principles thereof, and any dispute arising hereunder shall be resolved exclusively in the competent courts of Tel-Aviv, Israel.