Acceptance of the Terms
Availability of the Sites
Access to the Site and/or Services may not be available at all times or in all areas. ERA LTD reserves the right to modify or discontinue, temporarily or permanently, the Sites, with or without any notice to you. You agree that ERA LTD shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of: (a) the Sites, or (b) the materials presented on the Sites (including contact information, links, publications, blogs, travel and conference information, medical, and scientific informational materials presented, other specialized content, documentation, data, related graphics, and other features as applicable) offered herein (collectively, the “Materials“).
You may not: (i) copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any portion of the Sites and/or Services or the information which the Sites contain in any way; (ii) create a browser or border environment, or GUI around the Sites (e.g. no “frames” are allowed); (iii) interfere with or disrupt the operation of the Sites and/or Services, or the servers or networks that host the Sites or make the Materials available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (iv) interfere with or violate users’ right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve index and/or data-mine information; (v) impersonate any person or entity or provide false personal information or business information, for the purpose of receiving the Materials provided in the Sites or gaining unlawful access to it; (vi) falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with ERA LTD, or express or imply that ERA LTD endorses or is in any way affiliated with you, your website, your business or any statement you make, or present false information about the Sites; (vii) transmit or otherwise make available in connection with this Materials any virus, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) create a database by systematically copying and storing all or any of ERA LTD’s Intellectual Property (as shall be defined below); (ix) use any of the Sites and/or Services, and/or any information contained therein or relating therefrom, for any commercial purposes; and (x) use the Sites and/or Services, and/or any information contained therein or relating therefrom, for any illegal, immoral or unauthorized purpose.
Your failure to comply with the provisions set forth herein may result in the termination of your access to the Sites, Materials and/or Services and may expose you to civil and/or criminal liability.
Intellectual Property Rights
The Materials, the Services, the Sites and all the content provided through them, including without limitation, the graphics, photos, texts, data, personal data and information, business and technical data and information, medical and scientific information, guides, manuals, specifications, brochures, banners, any proprietary resources, presentations, sounds, music, videos, interactive features, software (whether in source code or object code), scripts, designs, interface functionality trademarks, service marks, and logos (collectively, “Intellectual Property“), whether or not registered and/or protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws,are solely owned by or licensed to ERA LTD and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. Except as permitted by applicable laws, you are not granted, expressly or by implication, estoppels or otherwise, any license or right to use any of the Intellectual Property without the prior written permission of the ERA LTD.
We permit you to make copies of the Sites as necessary and you may take a print for your personal use of so much of the Sites as is reasonable for private purposes. All other use is strictly prohibited.
When used with ERA LTD’s permission or as permitted by applicable law, to the extent provided, all trademarks must be identified as trademarks of ERA LTD using the appropriate symbol (e.g.,™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.
Specific Notice Regarding Links to Third Party Sites
Certain links provided herein permit you to leave the Sites and enter other, non-ERA LTD sites. These linked sites are not under ERA LTD control. ERA LTD is not responsible for the contents of any linked site, any changes or updates to such sites or the availability of such external sites or resources. ERA LTD is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by ERA LTD of any linked site. ERA LTD’s publication of information regarding third-party products or services does not constitute an endorsement regarding the suitability of such products or services or a warranty, representation or endorsement of such products or services either alone or in combination with any of ERA LTD’s Materials. ERA LTD reserves the right to terminate any link at any time. You further acknowledge and agree that ERA LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.
ERA LTD may integrate commercials and advertisements as part of the Sites and/or Services. All the information contained in such commercials and advertisements belongs solely to the third party advertisers and ERA LTD makes no warranties or representations as to such advertisements, whether or not ERA LTD had control over such advertisements.
Disclaimer and Warranties
THE MATERIALS AND THE CONTENTS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED 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 INCLUDING FOR SUCCESSFUL OR PROPER INSTALLATION. ERA LTD DOES NOT WARRANT THAT THE MATERIALS, SERVICES AND INFORMATION presented on the site WILL BE UNINTERRUPTED OR ERROR-FREE. COMPNAY MAY CORRECT, MODIFY, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO ANY DATA, INFORMATION AND CONTENT AVAILABLE VIA THE SITE, AT ANY TIME OR TO DISCONTINUE DISPLAYING SUCH MATRERIALS, INFORMATION AND CONTENT WITHOUT NOTICE.
ERA LTD DOES NOT WARRANT NOR GUARANTEE ANY ADVICE OR INFORMATION OTHERWISE GRANTED THROUGH THE SITES AND ASSUMES NO LIABILITY, WITH RESPECT TO SUCH INFORMATION OR ADVICE OR ITS ACCURACY. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE INFORMATION AND MATERIALS PRESENTED ON THE SITES SHOULD BE USED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND NOT FOR OTHER PURPOSES. ALSO, ERA LTD CANNOT ASSUME ANY RESPONSIBILITY FOR UPDATING OR CORRECTING ANY SUCH INFORMATION OR ADVICE ONCE IT HAS BEEN GIVEN.
Limitation of Liability
THE USE OF THE SITES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL ERA LTD. BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DEATH OR INJURY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUSACTION RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SITES, REGARDLESS OF WHETHER ERA LTD OR AN AUTHORIZED REPRESENTATIVE OF ERA LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE SUMS ACTUALLY RECEIVED BY ERA LTD FROM YOU IN CONNECTION WITH THE SITE.
User’s Representations and Warranties
As a condition for your use of the Sites, you hereby represent and warrant that (i) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Sites in accordance with these Terms, and to fully perform your obligations hereunder; (ii) the execution of these 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; (iii) you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; (iv) you will provide true and accurate information and will not impersonate or provide a false identity; (v) you will not infringe any right of any third party, including intellectual property rights, privacy rights and publicity rights; and (vii) you will not harm any user and will not use the Sites and Materials presented therein for any illegal, Immoral or unauthorized purposes.
You agree to defend, indemnify and hold harmless ERA LTD, its officers, directors, employees and agents, 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 of the Sites including for successful or proper installation; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, property right, privacy right or publicity right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Sites or the Material. This defense and indemnification obligation will survive these Terms.
Special provisions relating to Third Party Components
The Sites and/or Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with the Sites and/or Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party accompanying or contained in the Sites and/or Service and We disclaim all liability related thereto. You acknowledge that We are not the author, owner or licensor of any Third Party Components, and that We make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Sites and/or Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
You agree that ERA LTD, in its sole discretion, may terminate your use of the Sites or any part thereof, at any time and for any reason, including, without limitation, if ERA LTD believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions. You agree that any termination of your access to the Sites under any provision of these terms and conditions may be effected without prior notice. Upon termination of these Terms, your right to use the Sites will immediately cease. ERA LTD shall not be liable to you or any third party for any termination of your access to the Sites or any part thereof.
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.
Any claim relating to the Sites and/or Services or its use thereof will be governed by and interpreted in accordance with the laws of the State of Greece without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Athens, Greece.
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.
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.
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. 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.