- 1. Introduction
By using the Site, using our services, or disclosing to us any personal information: (i) you agree that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
If you do not agree to the terms of this agreement, do not access or otherwise use the site, use any services or disclose to us any personal information.
- 2. No Medical Advice
The products and claims made about specific products on or through the Site or claims made about specific nutrients or products or services offered on the Site have not been evaluated by the United States Food and Drug Administration or any similar body in any other jurisdiction and are not approved to diagnose, treat, cure or prevent disease.
The Site and the products or services offered on the Site are not intended to provide diagnosis, treatment or medical advice or to treat, prevent or cure disease. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. A physician or other healthcare professional should be consulted regarding any medical or health related diagnosis or treatment options. We make no guarantee or warranty with respect to any products or services sold. We are not responsible for any damages for information or services provided even if we have been advised of the possibility of damages.
Information provided on the Site, including information relating to medical and health conditions, treatments and products may be provided in summary or partial form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management or self-treatment of health matters. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site or because you are using a Granalix product or service.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read product label, packaging and information, prior to using any product or using any Service. Individuals may react differently to others to different products. You should consult your physician about interactions between medications you are taking and any products or services purchased on the Site. Comments made on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by Granalix, nor do they represent the our positions or views. Any product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.
- 3. Use of the Site
You may be required to establish an account on the Site or otherwise provide us with information in order to use certain features, such as making a purchase. You agree to provide accurate, true, complete and current information about yourself as prompted by the Site and if necessary, to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During any registration process you may be asked to create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.
You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
We make no representation that materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the State of Israel, or that this Agreement complies with the laws of any other country. Users of the Site outside the State of Israel do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations (including, without limitation, import laws and regulations), and for any taxes, costs, custom duties, penalties or delays arising from your use of the Site and any Service or purchase of any Product .
- 4. Suitability of Use
By using our Site, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement; otherwise, please exit and do not use the Site. The Site is not intended or designed to attract users under the age of 18. We do not collect personal information from any person we know to be under the age of 18. If you are under the age of 18, you are not permitted to disclose or send to us any personal information.
- 5. Term and Termination
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous.
- 6. Limitations on Use
You agree not to use the Site to:
- Transmit any user content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights;.
- Impersonate any entity or misrepresent your affiliation with any person or entity.
- Post or otherwise transmit any user content that you do not have the right to transmit under any law, contractual or fiduciary relationships.
- Transmit any unsolicited advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation.
- Transmit any content that contains virus, worm, time bomb, Trojan horse, or other harmful or disruptive component..
- Collect data about other Site users.
- Gain access to unauthorized areas of the Site including servers or networks.
We will terminate the account and/or block Site users who violate the intellectual property rights of any person on the Site.
You agree to indemnify us for any and all third party claims, damages, losses, liability and causes of action in any way arising from or as a result of your use of the Site or your failure to comply with this Agreement. You agree to cooperate as fully as required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us.
- Collection and Use of Personal Information:
We may collect personal information that you provide us when you: (a) purchase, order, return, exchange or request certain information about our products and services; (b) contact us; (c) visit or register with our Site or participate in another feature of our Site;; or (d) provide us with comments or suggestions. We may also collect personal information about you from service providers who provide us with e-commerce related services related to the Site. We take reasonable and appropriate steps to protect your personal information from unauthorized disclosure or access. However, no data transmitted over the Internet or stored on a server can be completely secured. Therefore we cannot guarantee the security of any information transmitted or disclosed to us on or through the Site. We are not responsible for the disclosure, destruction or theft of your personal information. If you opted to register with us, you must establish a password for your account, in which case your online account information will be protected by your password. Do not disclose your password to anyone. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account and password. Your password should be challenging and include combinations of numbers and letters.
We would like to inform you of products and services, sales and special offers that might benefit you. When you register online, you will have the opportunity to sign up for e-mails about our products, services, sales and special offers and receive mail, email, text message or telephone calls with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers.
- Secure Payments:
When you submit personal information on our Site, your information is protected both online and offline. We can only access your credit card (but not your actual credit card information) to issue credits, never for actual charges. Only you can produce a charge by placing an order in your password-protected account.
While on a secure page, such as our order form which is hosted in a secure data facility, the lock icon of your web browser becomes locked. This indicates that the connection between your web browser and our web server is secured. While on a secure page, the ‘http’ on your browser changes to ‘https’.
When you submit sensitive information (such as credit card number), that information is encrypted and is protected with the encryption software which meets or exceeds industry standards – (Secure Socket Layer).
- Third Parties:
We collect information about your visit to our Site in order to improve our delivery of information and services to you. In order to collect this information, we utilize technology from third party companies to evaluate – anonymously and in aggregate – how people use the Site.
This software provides information about your device, the type of browser and operating system you use to access our Site. We gather this information to make sure the websites are optimized based on the technologies the majority of people are using to access our websites.
- Access to Personal Information by Service Providers:
Some of our operations may be managed by external service providers who are unaffiliated companies. These companies may share personal information with their affiliates and with service providers whom they engage to perform services related to our Site or the operation of our business. Examples of these services include payment processing and authorization, , order fulfillment and shipping, fraud protection and credit risk reduction, marketing and promotional material distribution, product customization, Site evaluation, data analysis and data cleansing. These companies may have access to your personal information on a confidential basis only to the extent necessary to perform their functions. In no event will we authorize these companies to use your personal information for any reason other than to provide you with those specific services.
If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers Our delivery service providers are asked not to use your personal information for any purpose other than making the delivery.
- Disclosure of Personal Information:
We may provide your personal information to any of our affiliated businesses. We may enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to our customers. We may send you mail, email or call you with information about product and services offered by these advertisers or other companies if you have provided us with your name and address, email address or phone numbers.
- Transfer of Assets:
In the event that we or some of our assets are sold or transferred or used as security, your personal information may be transferred to third parties as part of that transaction.
- Disclosures in Legal Proceedings:
If we or any of our service providers is requested by law enforcement officials or judicial authorities to provide personal information on individual users, we or the applicable service provider may, without your consent, provide such information. In matters involving claims of personal or public safety, we or the applicable service provider may provide your personal information to appropriate authorities without your consent or court process. We or our service providers also will provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving us, the applicable service provider, or otherwise as required by law. We may also disclose personal information to assist in debt collection where you owe a debt to us.
- 8. Disclaimer
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. GRANALIX AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “GRANALIX ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GRANALIX ENTITIES MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM GRANALIX ENTITIES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF SUCH PARTICULAR PRODUCTS OR SERVICES, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GRANALIX ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE GRANALIX ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRANALIX ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY AS A PUBLISHER OF INFORMATION, FOR ANY DEFECTIVE PRODUCTS, FOR ANY INCORRECT INFORMATION OR INACCURATE INFORMATION, FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR FOR ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY INCIDENTAL, DIRECT, INDIRECT, , CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF GOOD WILL, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF GRANALIX ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN GRANALIX AND YOU. THE SERVICES, INFORMATION AND OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF GRANALIX ENTITIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM GRANALIX ON THE SITE.
- 9. Indemnification
You agree to indemnify, defend and hold harmless Granalix from and against all losses, expenses, costs and damages including attorney’s fees resulting from your use of or contact on the Site, your use or your inability to use the Site or services, any products or services purchased or obtained by you in connection with the Site, any Site activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the attorney fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without prior written consent of Granalix.
- 10. Intellectual Property
You acknowledge that all materials on the Site including design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by local and international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on the Site, including without limitation Granalix® are the sole property of Granalix and may not be copied or otherwise used, in whole or in part without the prior written authorization of Granalix. In addition all page headers, custom graphics and custom icons are Marks of Granalix and may not be copied or otherwise used, in whole or in part without the prior written authorization of Granalix. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved. Any use of any Materials or Marks owned by Granalix is considered an infringement or our intellectual property rights (including patent rights) and will be legally pursued as such.
- 11. Entire Agreement
This Agreement constitutes the entire and only Agreement between you and Granalix with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, understandings, representations, warranties , written or oral, relating to the subject matter of this Agreement.
- 12. Choice of Law; Jurisdiction
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its principles of conflicts of law or choice of law. The competent courts in the State of Israel shall have sole and exclusive jurisdiction over all disputes relating to this Agreement.
- 13. Severability; Interpretation
In the event one or more of the provisions of this Agreement should, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
- 14. Miscellaneous
This Agreement may not be assigned by you to any other party, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure of the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of the Granalix to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term or any other term of the Agreement and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. The “Liability Disclaimer” provisions of this Agreement are for the benefit of Granalix Entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against your on its own behalf.
- 15. Questions