Terms of Service
Last updated: 28 September 2022
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE SITE
Health Advice Disclaimer: It is not intended or inferred that any information made accessible through Our Services (as defined below) should be used in place of professional medical advice, diagnosis, or treatment. All information on or accessible through Our Services, including text, graphics, and photographs, is exclusively for general informational purposes. Top10s.us disclaims all responsibility and liability for the accuracy of any information on or accessible through Our Services, and such information is subject to change at any time without prior notice. You are urged to double-check any information you get from other sources after using Our Services, as well as to discuss any information you learn about a medical condition or treatment with your doctor.
Top10s.us cannot offer services that need a professional licence. You acknowledge and agree that Top10s.us makes no representations, warranties, guarantees, or endorsements regarding any medical information that you may obtain through the site and/or our services. Top10s.us also does not provide any medical diagnosis or treatment services or advice. NEVER IGNORE PROFESSIONAL MEDICAL ADVICE OR HOLD OFF ON SEEKING MEDICAL TREATMENT AS A RESULT OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH OUR SERVICES. CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. When a person uses the service, Top10s.us and that person do not become healthcare providers or patients of each other. ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER INFORMATION, SITE, PRODUCT, OR SERVICE PROVIDED BY A THIRD PARTY THAT IS PURCHASED OR ACCESSED THROUGH THE SITE ARE NOT CONTROLLED BY OR PROVIDED BY Top10s.us.
Our Services only give you with the instruments, sources, and setting necessary to assist you in choosing a supplier, service, or good. You acknowledge that Top10s.us: (A) is not responsible or liable in any way for the performance or conduct of any healthcare provider/service/product; (B) makes no representations, warranties or guarantees regarding the quality, safety or legality of the services provided by any healthcare provider, the qualifications, identity, or employment of any healthcare provider; and (C) has no control over the acts or omissions of any healthcare provider/service/product. Before connecting with someone through Our Services, use cautious and conduct your own due diligence.
We retain the right to modify these Terms at any time and for any reason. Your continued use of the site beyond the effective date of the change signifies your acceptance of the new Terms, which will take effect ten (10) days after they are posted on the site.
The capacity to accept conditions
The Site is meant for users who are at least sixteen (16) years old. Please do not visit or use the Site if you are under the age of 16.
We hereby authorise your use of the Site during the term these Terms are in existence, subject to your compliance with these Terms and all relevant laws.
Without our prior written consent, you may not: I copy, distribute, display, mirror, frame, alter, or otherwise change any part of the Site, the Content, or the Marks (as defined below); (ii) use, modify, create derivative works from, transfer (by sale, resale, licence, sublicense, download, or other means), reproduce, distribute, display, or disclose the Content (defined below), except as expressly permitted herein; (iii) interfere with servers or
Rights to intellectual property.
(5.1) Content and Marks.
I content on the site, including without limitation the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, interactive features, and services (collectively, the “Materials”), including but not limited to the design, structure, selection, expression, “look and feel” and arrangement of such Materials. The website, its logo, and other marks are trademarks of National Instruments or its affiliates. The owners of all other trademarks, service marks, and logos that may be seen on the Site have permission to use them. All rights in and to the Site and the Content that are not otherwise expressly granted are reserved by us.
(5.2) Use of Content .
You are only permitted to use the content on the site for informational and personal purposes; it cannot be used for any other purposes (including, without limitation, the creation of derivative works) or modified, copied, distributed, transmitted, broadcast, displayed, sold, licenced, decompiled, reverse engineered, or in any other way exploited. All copyright and other proprietary notices included in the Content must be retained if you download or print a copy of it.
Content and sources from third parties.
6.1. The Site gives you the ability to view, access, link to, and utilise content from Third Party Sources (described below), which is content that is not under our control or ownership.
You might be able to interact and communicate with Third Party Sources through the Site.
“Third Party Source(s)” refers to both our partners and clients as well as third-party websites and services.
6.2. No Third Party Sources are within our control.
6.3 Intellectual Property Rights
We expressly disclaim all guarantees regarding the accuracy, suitability, usefulness, safety, or Intellectual Property Rights (as defined below) of, or pertaining to, any Third Party Content and are not liable for it.
6.4. Third Party Content
By using the Site, you could be exposed to Third Party Content that is unreliable, inappropriate, offensive, or indecent.
No matter what, you always have the option to choose whether or not to interact with a third party source or access and use third party content. You use any Third Party Content at your own risk and discretion, as well as at your own discretion and risk if you interact with a Third Party Source.
6.5 Your Liability
Your interaction with a Third Party Source is exclusively your responsibility and subject to your liability.
By using any Third Party Content or interacting with any Third Party Source, you agree to waive any legal or equitable rights or remedies you may have against NI and do so hereby. You also release NI from any and all liabilities. You consent to get in touch with the Third Party Source directly if you have any questions or grievances about it or any Third Party Content.
The Site may allow you and other users to submit, host, share, and publish Content (collectively, “User Submissions”). You acknowledge that we cannot guarantee the confidentiality of any User Submissions, whether or not such User Submissions are published. Your User Submissions and any repercussions of posting, publishing, or uploading them are strictly your responsibility. We reserve the right, in our sole discretion, and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions), at any time and for any reason. We have complete discretion over whether to publish your User Submissions.
You affirm and warrant that all Intellectual Property Rights (defined below) in and to your User Submissions are yours or that you otherwise have all necessary rights, licences, and consents to use and authorise the Site to use such User Submissions in accordance with the purposes for which they are intended by the Site and these Terms. All references herein to Content shall include references to User Submissions, unless the User Submissions are specifically mentioned in another passage. “Intellectual Property Rights” refers to all titles, rights, and interests in and to trade secrets, patents, copyrights, service marks, trademarks, know-how, and other similar intellectual property rights, as well as all moral rights, privacy rights, publicity rights, and other similar rights of any kind under the laws or rules of any governmental, regulatory, or judicial authority, whether foreign or domestic. All of your ownership rights in and to your user submissions are still intact.
License to User Submissions.
You grant NI a licence to use, reproduce, distribute, create derivative works of, display, and perform the User Submissions in connection with the Site and NI business by sending NI your User Submissions. This includes, without limitation, redistributing all or a portion of your User Submissions (and any derivative works thereof) in any media formats and through any media channel. Additionally, you also give the non-exclusive right to use, reproduce, distribute, create derivative works from, display, and perform such User Submissions to each user of the Site or other viewer or user of the User Submission, subject to these Terms.
You agree that unless you are the owner of such rights, you will not display, post, submit, publish, upload, or transmit a User Submission that: I violates any jurisdiction’s consumer protection laws; (ii) is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights; or (iii) poses a risk to someone’s safety or health, poses a risk to the public’s safety or health, compromises national security,
When using and accessing the Site, you understand and agree that: I You will encounter User Submissions from a variety of sources; (ii) You may come across User Submissions that are unreliable, offensive, indecent, or objectionable. NI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submissions. With regard to I and (ii) hereof, you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against NI.
NI respects other people’s rights to their intellectual property. As a result, we urge you to report any content that you think breaches your IP rights.
We provide our services to both guests and registered users. Registration is required to use this portion of the Terms.
In order to complete the registration process, we may need information from you, including your name, email address, picture, address, and phone number. The fields that must be filled out explicitly will be marked.
Remember that providing us with false, inaccurate, or out-of-date information may prevent you from enrolling and limit the services we can offer you. You need to enter your email address and password to log in. In order to log in and access the service, we may occasionally establish and demand the use of additional or different forms of identity and authentication.
You consent to keeping your login information completely private and agree not to share it with anybody. As often as once every six months, make sure to change your password.
You are accountable for all information you enter or content you post, including any links you include in a User Submission.
We disclaim any liability for your failure to submit true, accurate, and complete information during the registration process, as well as for any use or abuse of your profile that results from compromising your information or disclosing it to a third party.
By submitting a removal request, you can request that your user profile be deleted. As a prerequisite for deleting your user profile, we could ask you to prove your identity by sending us further information by email or another channel. Your account will be terminated once your request has been processed, and you won’t be able to utilise the service as a registered user going forward.
You can renew your registration at any time after your account has been closed by going through the registration process once more, subject to these Terms.
Regardless of any legal recourse that may be available to us, we reserve the right, in our sole discretion, to limit, suspend, or terminate your user profile, prevent you from using the service, delete any posted content, and take other technical and legal steps to keep you away from it.
You have violated the Terms, broken any relevant laws, rules, or regulations, and committed any act or omission that is damaging to us or any other third party, including other users or service providers, or that is reasonably likely to do so.
We make an effort to be as precise as we can. But we cannot and do not guarantee that the information on the site is true, whole, trustworthy, up to date, or error-free. In our sole discretion, we reserve the right to modify the Content or any portion thereof, without the need to notify you either before or after the modification. You are solely responsible for and assume all risks associated with how you use the Content or any portion thereof.
In order to I comply with any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including by looking into possible violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, and (iv) respond to user support requests, we reserve the right to access, read, preserve, and disclose any information we obtain in connection with the Site and your use thereof.
11.1. The Site might connect to external websites that are not under NI’s control or ownership, and it might also let you publish content there.
We have no affiliation with, control over, or responsibility for any third-party websites’ content, privacy policies, or practises. You expressly absolve NI of any and all liability resulting from your use of any third-party websites by doing the following: I being solely responsible and liable for your use of, and links to, third-party websites, as well as any content you may submit or publish there. Therefore, we advise reading the terms and conditions and privacy policies of every third-party website you might decide to visit.
11.2. We allow links to the Site as long as you abide by the following conditions: I you link to, but do not replicate, any page on the Site; (ii) the hyperlink text accurately describes the Content as it appears on the Site; (iii) you do not misrepresent your relationship with NI or present false information about NI, and you do not in any way imply that we are endorsing any services or products unless we have expressly stated otherwise; and (iv)
Disclaimers of Warranties.
13.1 This clause is applicable regardless of whether the services offered through the Site are paid for.
Some of the limitations stated above may not apply because applicable law does not permit the exclusion of certain warranties.
13.2 THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. NI HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE, FROM A COURSE OF DEALING, OR FROM USAGE OF TRADE. NI DOES NOT GUARANTEE THAT VIRUSES, BUGS, OR OTHER SECURITY BREACHES WILL AFFECT THE SITE. OCCASIONALLY, THE SITE MAY NOT BE AVAILABLE DUE TO REGULAR MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT NI WILL NOT BE HELD LIABLE FOR ANY HARM TO YOU OR ANY THIRD PARTY RESULTING FROM INTERNET TECHNICAL PROBLEMS, SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS. Any content, product, or service that is highlighted or advertised on the site by a third party is not covered by our warranties, endorsements, or guarantees.
13.3 NI DISCLAIMS ALL LIABILITY FOR ANY CONTENT THAT APPEARS IN A USER SUBMISSION AND DOES NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION.
13.4 YOU SPECIFICALLY ACKNOWLEDGE THAT NI SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT OF ANY SITE USER (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13.5. Using any site content, including without limitation any user submissions, or interacting with any third parties included on the site is done at your own risk. You acknowledge and agree that NI is not and shall not be liable for any claims or damages arising out of or related to any dispute you may have with a third party as a result of or arising from your use of the site.
However, in order to give you this information for free, we must look for other ways to generate revenue. AN EXAMPLE WOULD BE THAT WE COULD CHARGE THOSE THIRD PARTIES WHO ARE FEATURED ON OUR SITE A PLACEMENT FEE AND WE COULD RECEIVE FEES EACH TIME A USER CLICKED THROUGH TO ONE OR MORE OF SUCH PARTIES AND/OR ACTUALLY PURCHASED PRODUCTS/SERVICES THAT WERE OFFERED BY ANY OF THEM. HOWEVER, IN ALL CASES, THE REVENUES PAID TO NI WILL NOT HAVE ANY IMPACT ON THE MATERIAL WE PRESENT ABOUT A PARTICULAR THIRD PARTY FEATURED ON OUR WEBSITE.
14.1 NI SHALL NOT BE LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE
The following restrictions may not apply to you because some countries do not permit the limitation or exclusion of liability for incidental or consequential damages.
14.2 IN NO EVENT SHALL NI’S TOTAL LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE EXCEED US $1,000.
You consent to defend, hold harmless, and indemnify NI and our affiliates, as well as their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees), resulting from: I your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interactions with other Site users; or (iv) your violation of
Termination and Term.
NI or you may terminate these terms at any time. NI may, at any time and for any reason, terminate these Terms and/or your use of the Site, or any portion thereof, at its sole discretion (including, without any limitation, for a breach of these Terms). If the Site or any portion of it is terminated, NI won’t be held responsible to you or any third parties. Your only option is to stop using the site right away if you disagree with any term or condition of these Terms, any future revisions thereto, or become otherwise unhappy with it. You must stop using the Site immediately once these Terms are terminated. The provisions of this Section 15, as well as Sections 5 (Intellectual Property Rights), 7.3 (License to User Submissions), 11 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 14 (Indemnity), and 16 (Independent Contractors) to 18 (General), shall survive the termination of these Terms.
NI and you both work as independent contractors. There is no partnership, joint venture, agency, or employment arrangement between you and NI as a result of these Terms. Under no circumstances may you give or take on any representations, guarantees, promises, or duties on behalf of NI.
You are not permitted to transfer or assign these Terms or any rights or licences granted herein, but NI may do so without limitation or your consent.
Any aspect of the Site may be discontinued or changed at any time by NI. Without regard to its rules regarding conflicts of laws, the laws of the State of Israel shall govern these Terms and the relationship between you and NI. You consent to submit to the personal and sole jurisdiction of the Tel Aviv-Jaffa courts and waive any objections to their jurisdiction, venue, or inconvenient forum, with the caveat that NI may seek injunctive relief in any court with appropriate jurisdiction. The Terms represent the complete understanding between you and NI with respect to the Site. The validity of the remaining provisions of these Terms, which shall remain in full force and effect, shall not be impacted by the invalidity of any provision of these Terms as determined by a court of competent jurisdiction. A party’s failure to exercise any right or provision under these Terms does not amount to a waiver of that right or provision. Similarly, no waiver of any term of these Terms shall be regarded a further or continuing waiver of that term or any other term. You acknowledge that any claim you may have arising from or related to the site must be filed within one (1) year of the claim’s occurrence. A permanent bar would apply if this cause of action wasn’t brought.