TERMS AND CONDITIONS

IceCure Medical

TERMS OF USE

PLEASE NOTE: YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT

These “Terms of Use” set forth the terms and conditions that apply to your use of www.icecure-medical.com (the “Site”), which is owned and operated by IceCure Medical, Inc., a Delaware corporation (“IceCure Medical”).

WHEN YOU ACCESS OR USE THE WEBSITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE. ICECURE MEDICAL IS WILLING TO GRANT YOU ACCESS TO THE SITE ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE IN ANY WAY.

As provided below below, IceCure Medical may update these Terms of Use at any time, without notification to you, and you should review these Terms of Use from time to time by accessing the Site. Your continued use of the Site shall be deemed irrevocable acceptance of any such revisions. The right to use the Site and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

  1. Site Content.

    The Site primarily functions as an online research, education, communication and entertainment forum, in which users can learn about, share their stories of, and advocate for minimally-invasive fibroadenoma treatment options, including the IceSense™ cryoablation technology of IceCure Medical (collectively, the “Content”). The Content may, from time to time, contain information relating to various medical conditions, treatments, and pharmaceuticals that is provided directly by users or other third parties (collectively, “Third Party Providers”). IceCure Medical does not verify any of the information that Third Party Providers may provide, or that is otherwise posted on the Site, for accuracy, omissions or completeness of information. The Site does not purport to provide you with specific medical advice of any kind whatsoever. You are advised to consult a physician or other medical professional for advice regarding any medical condition or treatment thereof.

    In no event will IceCure Medical be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits or other damages whatsoever arising in connection with the use of the Site or the Content or other information that Third Party Providers may provide, any interruption in availability of the Site, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation or other utilization in any manner whatsoever of the Site or the Content, even if IceCure Medical has been advised of the possibility of such damages or loss.

  2. Intellectual Property.

    The materials found on the Site are protected by United States and other copyright laws unless otherwise noted. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Site are copyright © Breast Health Options, all rights reserved. Permission is granted to view and print materials from the Site for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the Site, whether in electronic or hard copy form, without the express prior written permission of IceCure Medical and/or Breast Health Options, is strictly prohibited.

    IceSense, breasthealthoptions and other trademarks and/or service marks (including logos and designs) found on the Site are trademarks/service marks that identify IceCure Medical, Breasth Health Options and the goods and/or services that they provide. Such marks may not be used under any circumstances without the prior written authorization of IceCure Medical. No person is authorized to use, copy, or distribute any portion the Site including related graphics.

  3. Links to Third-Party Web Site.

    The Site may provide hyperlinks to third-party web sites or information as a convenience to users of the Site (each, a “Third-Party Site”). IceCure Medical does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. IceCure Medical does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.

  4. Children’s Issues.

    The Site is not directed for use by children under eighteen (18) years of age without adult supervision. Children under such age must not use the Site without adult supervision, and are not permitted to submit any personally identifiable information. By visiting or using the Site or accepting these Terms of Use, you represent and warrant to IceCure Medical that you have reached the age of majority in your jurisdiction, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

  5. Use of the Web Site.

    The Site is primarily designed to allow users the opportunity to access and provide information about minimally-invasive fibroadenoma treatment options, including the IceSense™ cryoablation technology of IceCure Medical. You represent and warrant to IceCure Medical that you have used and will use the Site in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security.

    As a user of the Site, you may be required or requested to submit certain information that will help us to provide you with information about our products, including your name, address, e-mail address, telephone number, and other information. IceCure Medical is not responsible for any information, material, or ideas submitted on the Site by users. More specifically, IceCure Medical does not represent or guarantee the truthfulness, accuracy or reliability of any content or other communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the Site. Any information, materials, or idea submitted on the Site will be considered non-confidential and non-proprietary, except to the extent set forth in the Site’s Privacy Policy, which you are encouraged to review, and which is incorporated herein by reference.

    Any communication, information or material that you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information and will become and remain the property of IceCure Medical . IceCure Medical or any of its affiliates, may use such communication, information or material for any purpose whatsoever.

    Visitors to the Site are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the Site to: (i) advertise or offer to sell or buy any goods or services; or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.

    Users are also prohibited from violating or attempting to violate the security of the Site. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with Site service, including submitting a virus, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liabilities. IceCure Medical reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

    Although under no obligation to do so, IceCure Medical reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. IceCure Medical reserves the right to expel users of the Site and to prevent their further access to the Site if they violate these Terms of Use. Further, IceCure Medical reserves the right to take any action that it deems appropriate with respect to user content in order to prevent potential liability, damage to our brand or public image, or damage to our relationship with our vendors or suppliers.

  6. No Representations or Warranties; Limitations on Liability.

    The information and materials on the Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. ICECURE MEDICAL AND/OR ITS AGENTS OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL ICECURE MEDICAL OR ITS AGENTS OR AFFILIATES BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE SITE.

  7. Indemnification.

    You agree to indemnify, defend and hold harmless IceCure Medical, and affiliates and their respective officers, directors, shareholders, employees, agents and other representatives, successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Site or your violation of any of these Terms of Use.

  8. Governing Law and Jurisdiction.

    These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Delaware. Any dispute related to these Terms of Use or the Web Site will be submitted to binding arbitration in Cleveland, Ohio, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute you may have with respect to the Site or these Terms of Use must be commenced by you within one year after it arises.

  9. Changes to These Terms of Use

    These Terms of Use were last updated on March 19, 2013. IceCure Medical may update these Terms of Use from time to time. IceCure Medical encourages you to periodically review this page to become aware of any changes. When continue to use the Site, you will be using the Site subject to these Terms of Use (as updated).

  10. Entire Agreement

    These Terms of Use (together with the Site’s Privacy Policy) constitute the entire agreement between you and IceCure Medical, and such Terms of Use govern your use of the Site, superseding all prior or contemporaneous agreements, understandings, or representations.

  11. Contact Information

    Questions or comments regarding the Site or these Terms of Use should be sent by e-mail to icecuresupport@icecure-medical.com or by U.S. mail to IceCure Medical,
498 Halle Park Dr., Ste. 102 Collierville, Tennessee 38017. You can also submit a comment or questions through the “contact us” portion of the Site.