Warranty
or liquids. Furthermore, the foregoing warranty
shall not be valid when the Product is used by
multiple therapists in a shared environment.
6. EXCEPT AS EXPRESSLY SET FORTH HEREIN,
IMOTION HEREBY EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES RELATING
TO THE PRODUCT AND ANY USE THEREOF,
WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
7. Notwithstanding anything to the contrary, any
and all liability and responsibility regarding use
of the Product and any results of any treatment
provided with the use of the Product is solely
that of the user of the Product and iMOTION
hereby expressly disclaims any and all liability
whatsoever with respect to any damages
caused in connection with the use of the
Product and/or any treatment provided while
using the Product.
8. TO THE EXTENT PERMITTED BY LAW, IN
NO EVENT SHALL IMOTION OR ANY PARTY ON
ITS BEHALF BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR TORT DAMAGES OF ANY NATURE
OR KIND WHATSOEVER, IN CONNECTION
WITH OR ARISING OUT OF THE USE OF THE
PRODUCT AND/OR ANY TREATMENT
PROVIDED WHILE USING THE PRODUCT.
9. WITHOUT DEROGATING FROM THE
FOREGOING, IN ANY EVENT, IMOTION'S
ENTIRE, AGGREGATE LIABILITY UNDER
THIS AGREEMENT AND IN CONNECTION WITH
ANY USE OF THE PRODUCT SHALL UNDER NO
CIRCUMSTANCES EXCEED THE TOTAL
AMOUNT OF CONSIDERATION PAID BY YOU
FOR PURCHASE OF THE PRODUCT.
10. To the extent you have any questions or
problems with the Product, you may contact
11. iMotion reserves the exclusive right to revise,
delete and/or add terms to these Terms of Use
from time to time and at its sole discretion
without being required to provide any
notification thereof. Should any such revisions
be made, they shall be published in the Terms
of Use that appear on iMotion's website.
12. No behavior of iMotion and/or anyone on its
behalf shall be deemed to be a waiver of any
of its right set forth in these Terms of Use and/
or under any law.
13. To the extent that a competent judicial
authority determines that any provision herein
is not enforceable by law, such determination
shall not cause the cancellation of these Terms
of Use and/or the other provisions herein, and
such provision shall be cancelled in a manner
that, to the extent possible, shall minimize the
effect of such cancellation on the other
provisions herein which shall continue in full
force and effect.
14. Any use of the Product and these Terms of
Use, and matters concerned with the
performance thereof shall be construed,
interpreted, applied and governed in all
respects in accordance with the laws of the
State of Israel, without reference to conflict of
laws principles. The competent courts of
Tel Aviv-Jaffa in Israel shall have exclusive
jurisdictions over any dispute arising out in
connection with the foregoing.
User Guide
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