TERMS OF USE

Last updated: Feb, 13th, 2022

1. GENERAL

• 1.1. This website (available at: inmodemd.com, (or any other address as may be applicable from time to time)), is operated by InMode Ltd., (respectively – the “Website” or “Site“; and “InMode” or “we” or “us” or “our” (as the case may be).
• 1.2. The Use of this Site for any purpose is subject to the following terms of use (as may be amended and/or updated from time to time (the “Terms of Use“). Therefore, by Using the Site you hereby agree to be bound and abide by the Terms of Use. Please read these Terms of Use carefully. If you do not agree with the Term of Use, whether in whole or in part, please do not Use the Site or the Services incorporated therein.
• 1.3. Definitions: For the purpose of these Terms of Use, the following terms shall have the meaning ascribed next to them:
  • 1.3.1. “Content” shall mean any information of any kind (but excluding Personal Data, as defined in our Privacy Policy, which is available at: https://inmodemd.com/privacy-policy/ , features and functionality, incorporated in the Website, including, but not limited to, data, texts, verbal and visual content, articles, publications, legal updates, design, layout, graphic language, presentations, articles, videos, animations, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, application, texts, as well as the selection, coordination and arrangement of the foregoing materials on the Website, and any other information displayed or presented on the Website, whether owned by us or by a third party that granted us with a right to use it in the Website.
  • 1.3.2. “Use” shall mean any accessing and/or viewing and/or visiting and/or browsing the Website for any purpose.
  • 1.3.3. “User” or “you” shall mean any person or entity that Uses the Website for any purpose, by using a computer and/or any other device, including cellular device and/or by any other means of communications.
  • 1.3.4. “Personal Data” shall have the meaning ascribed to it in our Privacy Policy, which is available at: https://inmodemd.com/privacy-policy/.
  • 1.3.5. “Resource Center” shall mean a mini-site incorporated in the Site and forms and integral part of it, where registered User can view and receive informative, marketing and/or other information about our products and services.
  • 1.3.6. “Store” shall mean a mini-site incorporated in the Site and forms an integral part of it, where registered User can order and purchase our products or services online.

2. GRANT OF LICENSES, LIMITATIONS OF USE

• 2.1. Our Website provides general information about InMode, including its products, services and business activity. The Website also allows registered Users to enter into the Resource Center in order to receive certain information about our products and services, and/or to enter to the Stores, in order to order and purchase our products and/or services.
• 2.2. Subject to your Use of the Website according to the Terms of Use herein, we hereby grant you a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to Use the Website, solely for your informational, internal, legal, personal, non-commercial and legitimate purposes only. You may not Use the Website for any other purpose.
• 2.3. You are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (including, without limitation, by removing, altering or obscuring any copyright, trademark or other proprietary rights notice on or in the Website); (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms, Trojan horses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, interfere with or disrupt the integrity or performance of the Website or the Content contained therein, decompile, reserve engineer, disassemble and/or otherwise attempt to reveal and/or derive the source code of the Website (including without limitation to any algorithm); (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; (l) to create derivative work based (whether in whole or in part) on any Content that is available on or through the Website; (m) to modify, alter, decompile, reverse-engineer, reproduce, copy, rent, lease, loan, sell, publicly display, perform, distribute or otherwise Use the Website for any public and/or commercial purposes; or (n) to perform any other action in the Website or any part thereof in violation of the Terms of Use and/or that would or might cause any damage to InMode (including its subsidiaries, affiliates and licensors) and/or to other Users of the Website.
• 2.4. Without derogating from any other rights granted to InMode in accordance with applicable law and/or these Terms of Use, we reserve the right to deny access to the Website and/or its Content and/or to terminate your use of the Website, without notice and at our complete discretion for any reason, including for violating any of these Terms of Use including any of the prohibited uses.
• 2.5. In order to enter into the Stores and/or the Resource Center, you should open an account and complete registration process. In order to do so, you can (a) contact us by phone, or (b) use the Contact us form on the website . We will send you a code for the registration. Please note, that when you enter the Stores and/or the Resource Center, you may be subject to additional terms than these Terms of Use (including, without limitations, other terms of use, terms of services, delivery, shipment and return policies, and additional privacy policies and notices), all – as may be displayed in the Store and/or the Recourse Center. By entering and using the Store and/or the Recourse Center for any purpose, you agree to be bound by such additional terms. If you do not agree with such additional terms, whether in whole or in part, you may not enter and/or use the Stores and/or the Resource Center for any purpose.

3. INTELLECTUAL PROPERTY RIGHTS

• 3.1. In the relations between you and InMode, the Website (including any Content incorporated therein) is owned by InMode and is protected by copyright and other intellectual-property laws and treaties. We (and our subsidiaries and affiliates and their respective licensors) own any and all rights, title and interest in and to the Website (and any Content therein), including all copyright and other intellectual property rights in the Website, and the limited license granted to you does not provide you with any title or ownership rights in or to the Website and/or in any Content.
• 3.2. You acknowledge and agree that any Content presented to you on or through the Website is and shall remain the property of InMode (and/or its subsidiaries and affiliates and their respective licensors), and is or may be protected by copyright, trademark, patent and/or other proprietary rights law.
• 3.3. It is prohibited to use meta tags or any other hidden text containing InMode’s name or trademarks, without InMode’s prior written authorization and subject to the terms thereof.

4. NO WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY

• 4.1. The Content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the Content on this site is at your own risk.
• 4.2. The Content on the Site may provide information on medical and health conditions, products and treatments, developments in medicine and articles, and may include information on device applications not included in approved FDA labeling. Such information is provided as informational and educational only and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice of a physician or other medical professional or for any information contained on or in any product packaging or labels. Content on the Site should not be considered an endorsement, promotion or in any other way encouragement for the use of any particular procedure, technique, device or product. The Content posted on the Site by us and by third parties should not be considered medical advice, is not intended to be used for medical diagnosis or treatment, and is not intended to replace consultation with a qualified doctor or other professional healthcare provider. We will not be liable for any injury and/or damages arising out of any decision made or action taken or not taken in reliance of the Content included in the Site.
• 4.3. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content of this Website at any time, but we have no obligation to update any information on our Website.
• 4.4. We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. In addition, User is aware that the Website might shut down in whole or in part, due to circumstances which are not under our control (including, without limitations, internet failure, electronic communication delays, force majeure events, etc.). User irrevocably waives any claim and/or demand, directly or indirectly connected or resulted from the Website’s (including any part thereof) unavailability as described herein.
• 4.5. Sometimes it may shut down due to updates and repairs that are initiated by us.
• 4.6. You expressly agree that your Use of, or inability to Use, the Website (including any part of it) is at your sole risk. Any advice received through the Use of the Website (to the extent received) may not be relied upon for making any decisions, including (without limitation) in professional, medical, legal, personal or financial matters. For this purpose, you should consult with a suitable professional to receive advice that is suited to your particular circumstances and the facts of your case. You should independently verify all statements contained on this Website.
• 4.7. The Website (including the Content) is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• 4.8. To the maximum extent applicable by law, and notwithstanding anything else to the contrary under these Terms of Use and/or applicable law, in no case shall InMode (including its subsidiaries and affiliates), their respective directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your Use or inability to Use the Website, or for any other claim related in any way to your Use of the Website, including, but not limited to, any errors or omissions in any Content (including any Content posted, transmitted, or otherwise made available via the Website or your reliance on such Content) or on any site linked to the Website, and/or resulting from exposure to computer viruses or other malware, whatever the grounds of claim or cause of damage, whether based on contract, tort or otherwise, even if we were advised of their possibility, and the sole and exclusive relief available to you in any such event(s) is to leave the Website.
• 4.9. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5. THIRD-PARTY LINKS

• 5.1. For convenience purposes, certain Content available via our Website may include materials from third-parties (including links to third party sites). Third-party links on this Website may direct you to third-party websites that are not affiliated with us. If you use and/or otherwise enter to these links/references, you will leave the Site.
• 5.2. We do not guarantee that such references or links will lead to active sites, we do not review or control such third party sites, and we are not responsible for examining or evaluating any third party’s links and/or websites (including any content incorporated therein) or its accuracy, and we do not make any warranty or representation regarding these sites, and will not have any liability or responsibility for any third-party content, materials or websites, or for any other materials, products, or services of third-parties.
• 5.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
• 5.4. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We reserve the right to remove and/or block links to third party sites through technological or other means, without prior written notice.

6. PERSONAL DATA

• 6.1. Your submission of any Personal Information through the Website in order to contact us, and the collection and use of your Personal Data by us, including (without limitation) the purpose(s) for using your Personal Information is being collected, the technological tools that we use in order to use it and third parties’ who we share your Personal Data with, all – is governed by our Privacy Policy (as may be amended from time to time). Our Privacy Policy is available at: https://inmodemd.com/privacy-policy/
• 6.2. We would like to emphasis that we do not claim ownership of Personal Data you provide us and/or otherwise upload when you Use the Website. However, by Using the Website, and when you provide us with Personal Data, you hereby freely grant us an irrevocable, royalty-free, non-exclusive, unlimited license and specific informed consent to use and process the Personal Data and transfer it to third parties in accordance with the terms of our Privacy Policy.

7. MICELEANIOUS

• 7.1. These Terms of Use and the Privacy Policy (including any additional terms and conditions referred to in Section 2.5 above, if applicable) constitute the entire agreement and understanding between you and us, and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
• 7.2. You agree to indemnify, defend and hold harmless InMode and our subsidiaries and affiliates, and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any liability, loss, claim or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of either (i) your breach of these Terms of Use or the documents they incorporate by reference, (ii) your violation of any law or the rights of a third-party; (iii) your use of the Website, and (iv) any claims for bodily, death or other damages arising out of any transaction made in reliance of the Content in the Site.
• 7.3. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
• 7.4. Unless restricted by applicable law, these Terms of Use shall be governed by and construed in accordance with the laws of United States, and any matter, or dispute arising in connection with them or in connection with the Website shall be subject to the exclusive jurisdiction of the competent courts in Delaware (without giving effect to its conflict of law’s provisions).
• 7.5. The Website is designed for the use of adults (18 years or older) and is not intended for minors. If you are not 18 years old or older, you may not Use the Website. By Using the Website, you hereby warrant and represent that you are not under the age of 18.
• 7.6. We reserve the right to change the Website, the Content and these Terms of Use for any reason and without prior notice and without liability to you. All changes are effective immediately when they are posted and apply to all access to, and Use of the Site thereafter. You should check these Terms of Use for any changes each time you access the Website (you can see the date we updated these Terms of User in the header of the Term of Use). Your continued Use of or access to the Website following the posting of any changes constitutes acceptance of those changes. We reserve the right to withdraw or amend the Site, and any service or material provided on the Site, in our sole discretion and without prior notice.
• 7.7. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use. You agree that no relationship, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of this Website.
• 7.8. If you have any questions about the Website and/or these Terms of Use you can contact us at marketing@inmodemd.com. We will do our best to answer you as soon as practically possible during our working hours.