Please read the following terms and conditions of use (“Terms”) carefully. These Terms apply to your use of this website (the “Site”). By viewing or using this Site, you agree to be bound by these Terms without limitation. If you do not agree to be bound by these Terms, please stop viewing this Site. Protalix Biotherapeutics and its subsidiaries reserves the right to revise any or all of these Terms by updating this web page at any time and without notice. Your use of this Site is subject to any such revisions, and you should periodically visit this web page to review the current Terms. These Terms were last updated on February 8, 2011.

Protalix provides the materials on this Site for general informational purposes. This Site contains information concerning Protalix that may be useful to our collaborators, investors, employees and stockholders, as well as the general public. Protalix makes no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any information contained on this Site. In addition, Protalix expressly disclaims any obligation or duty to update or correct information contained on this Site. Protalix assumes no liability or responsibility for any errors or omissions in the content of this Site. Protalix reserves the right to make additions, deletions or modifications to the information or materials on this Site at any time and in any way, without notice.

By using the Site you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with Protalix and are not otherwise prohibited from accessing, using or receiving the Site pursuant to the laws of the local or national jurisdiction from which you are accessing or using the Site. If you are not able to make the representations in the preceding sentence you are prohibited from using the Site, however, any unauthorized use of the Site by you shall be subject to these Terms until such unauthorized use has been terminated. By using the Site on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Site represents their acceptance of the Terms.

We recommend that you retain a copy of these Terms in either electronic or tangible format for your subsequent reference. If you would like a printed copy of these Terms, it is your responsibility to use the print function available to you by means of your personal technology resources.

 

Safe Harbor Statement

“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995: Statements in this Site regarding Protalix’ business which are not historical facts are “forward-looking statements” that involve risks and uncertainties. Forward-looking statements can be identified by, among other things, the use of forward- looking language, such as “anticipate,” “believe,” “could,” “estimate,” “expect,” “future,” “intends,” “may,” “plan,” “should,” “seeks,” “potential,” “will,” or the negative of those terms, or other variations of those terms of comparable language, or by discussions of strategy or intentions. A number of important factors could cause actual results to differ materially from those projected or suggested in the forward-looking statements including, but not limited to, the ability of Protalix to: (i) discover product candidates, (ii) successfully conduct preclinical and clinical trials of product candidates, (iii) obtain regulatory approval of any product candidates, (iv) develop formulations for its product candidates, (v) obtain and enforce intellectual property rights and (vi) obtain additional financing. The Company assumes no obligation or responsibility to update or revise this Site. For a discussion of such risks and uncertainties, which could cause actual results to differ from those contained in the forward-looking statements, see “Risk Factors” in our Annual Report on Form 10-K and other filings with the Securities and Exchange Commission.        None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of Protalix’ securities filings or documents.

 

Intellectual Property Rights

The entire contents of this Site are subject to copyright protection. You may not copy the contents of this Site other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter the contents may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Protalix. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Protalix, its subsidiaries, affiliates or any third party. Protalix prohibits the use of any Protalix trademark, or any related graphic, as a “hot link” to any website unless approved by Protalix.

“Protalix” and “ProCellEx” are trademarks of Protalix Inc. or its subsidiaries. Other trademarks, service marks and trade names referred to in this Site are the property of their respective owners. All registered trademarks and unregistered trademarks are property of their respective owners. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

 

Links

This Site contains links to other websites. Protalix is providing these links to you only as a convenience, and the inclusion of any link does not constitute an endorsement, approval, or guarantee of the accuracy of the contents of the linked website, including any of the opinions or predictions of financial analysts regarding Protalix or its securities. We do not review or control the content of third party sites and that content is not part of our Site. We urge you to use discretion when you access any third party sites linked to our Site.

Unless otherwise set forth in a written agreement between you and Protalix, you must adhere to Protalix’ linking policy as follows: (i) any link to the website must be a text only link clearly marked “Protalix WEB SITE,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Protalix names and trademarks, (iii) the link must “point” to www.Protalix.com and not to other pages within the website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Protalix, (v) when selected by a user, the link must display the Web site on full-screen and not within a “frame” on the linking Web site, and (vi) Protalix reserves the right to revoke its consent to the link at any time and in its sole discretion.

 

SEC Filing Links

We have provided links to our filings with the U.S. Securities and Exchange Commission for informational purposes only, and not for trading or investment purposes. We do not guarantee the sequence, accuracy or completeness of any information or data displayed through these links.

We do not assume any duty of disclosure and expressly disclaim any duty to update information set forth in our filings with the SEC. The reader should note that our periodic reports filed with the SEC include disclosure of certain factors that may affect our future performance. Individual statements appearing in our SEC filings should be read with and in the context of the complete documents in which they appear and any materials incorporated into those documents by reference rather than as stand-alone statements.

 

Disclaimers/Limitations

THE CONTENT ON THE PROTALIX SITE IS PROVIDED “AS IS,” AND PROTALIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT. PROTALIX MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY, COMPLETE OR ERROR FREE. EACH USER ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS TO AND USE OF THIS SITE.

We do not warrant that the functions or information contained in or accessed through this Site are free of computer viruses or other harmful components. If your use of the Site or the materials results in the need for servicing or replacing equipment or data, Protalix is not responsible for those costs.

The materials on this Site may contain inaccuracies or typographical errors. Protalix makes no representations about the accuracy, reliability, completeness, or timeliness of the materials or about the results to be obtained from using this Site or its materials. Although we intend to update the content of our Site periodically, we do not have a duty to do so, and we will not be liable for any failure to update such information. Your use of the Site and the materials is at your own risk. Changes can and will be made to the Site and materials and at any time. Protalix assumes no responsibility or liability arising from the content of this Site, nor for any error, defamation, libel, slander, omission, falsehood, or inaccuracy contained in any information within this Site or accessed through this Site.

IN NO EVENT SHALL PROTALIX, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, COLLABORATORS OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROTALIX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROTALIX’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Stock Price Disclaimer

The stock price performance shown on stock quotes available on or through the Site is not necessarily indicative of future price performance. All content is for informational purposes only and no content (including without limitation, stock quotes or company information) is intended to be relied upon for trading or investment purposes. Protalix will not be responsible for any trading or investment decisions made based on such content. Neither this Site nor the information contained herein constitutes or is intended to constitute an invitation or offer to invest or deal in the securities of Protalix.

 

Indemnity

You agree to defend, indemnify, and hold harmless Protalix, its subsidiaries, affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the materials (including software) or your breach of these Terms. Protalix shall provide notice to you reasonably promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. The foregoing indemnity obligations will survive any termination of the Terms.

 

Medical Information

This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. Protalix is not engaged in rendering medical or similar professional services or advice via this Site, and the information provided is not intended to replace medical advice offered by a physician. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other healthcare professional.

 

U.S. Residents

This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information on the Site pertaining to Protalix’s products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. If you are a non- U.S. resident you are responsible for compliance with local laws and regulations. Protalix reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any references to products or services on this Site do not imply that Protalix intends to announce or offer these products or services in your country.

 

Choice of Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Florida without regard to any conflict of law provisions thereof. Any action related to these Terms shall be brought only in the state courts of and federal courts in the Commonwealth of Florida and all parties waive any objection to the personal jurisdiction of and venue in such courts. In the event of any conflict between non-US laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern.

 

Severability

If any provision of these Terms shall be deemed to be invalid, void, illegal or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms.

 

Waiver

No failure or delay by Protalix in exercising any rights or remedies under these Terms shall operate as a waiver hereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other rights or remedies.

BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS WEB SITE’S USER AGREEMENT AND UNDERSTAND AND AGREE TO IT.