Website Terms of Use

Updated: 10/31/23

Welcome to Scleraworx, Inc. ("Scleraworx", “we”, or “us”) and our website https://www.scleraworx.io (the "Site"). We are pleased to provide this Site to offer you information about our services and products (our “Services’) as well as a way to submit a request for additional information about our Services.

Please read this Terms of Use (“TOU”) carefully before you use the Site or any Service, as this TOU governs how you and the organization that you represent (“you”) are permitted to use the Site and its content, including any Service (collectively, the "Content"). By using the Site or any Service you agree to abide by the terms and conditions set forth in this TOU. If you do not agree to this TOU, you may not use this Site or the Service.

We may update or change this TOU from time to time without notice. Such changes will be effective on the date that such modified TOU is posted on the Site. USE OF THE SITE AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES.

Please also note that if Scleraworx determines at any time that you have abused or violated any of these terms or conditions, we reserve the right to terminate your access to the Site or Services immediately without notice.

Also, note that if you enter into a separate written contract with Scleraworx for use of particular Services, the terms and conditions of that written contract will govern your use of those Services instead of this TOU to the extent that written contract differs from this TOU.

Scope

This Site is offered by Scleraworx to provide information about Scleraworx’s Services to potential and actual customers. If you request additional information from us about our Services that is not available on the Site, you agree that our employees, affiliates or third-party providers may access your accounts and records to process your request. This Site is not available to individuals under the age of eighteen (18). If you do not qualify, you may not use the Services or the Site.

Privacy

We know how important privacy is to you and is committed to honoring your privacy. You can review Scleraworx’s privacy policy, which is incorporated by reference into this TOU, at https://www.scleraworx.io/privacy

Prohibited Uses

As a user of the Site or the Services, you agree to use the Site and the Services only for lawful purposes as authorized by Scleraworx. Use of the Site or the Services for transmission, distribution, retrieval or storage of any information, data or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Site for improper purposes such as to:

  1. Systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
  3. Engage in unauthorized framing of or linking to the Site;
  4. Violate the intellectual property rights or other rights of others;
  5. Distribute computer viruses, worms or any software intended to damage, interfere with, or alter a computer system without the owner's consent;
  6. Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic;
  7. Use a buying agent or purchasing agent to make purchases on the Site;
  8. Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortious or otherwise objectionable material;
  9. Post any misleading, inaccurate or fraudulent information;
  10. Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
  11. Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site through login password mining or any other means; or
  12. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

Links to Third-Party Sites

Third-party content, software, offers or sites to which the Site may link ("Third-Party Content or Third Party Linked Sites"), are not in any way under Scleraworx’s control, and SCLERAWORX DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, SOFTWARE, GOODS OR OTHER MATERIALS AVAILABLE IN THIRD-PARTY CONTENT OR ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH CONTENT OR SITES.

General Disclaimer

THE SITE, ALL THIRD-PARTY LINKED SITES AND ALL SERVICES, CONTENT AND MATERIALS OFFERED OR PROVIDED IN THE SITE ARE PROVIDED TO YOU ON AN "AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF SUCH SITES, SERVICES, CONTENT AND MATERIALS IS AT YOUR OWN RISK. SCLERAWORX DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT.

Limitation of Liability

IN NO EVENT WILL SCLERAWORX, ANY OF ITS PARTNERS, PROVIDERS OR AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, THE SERVICES AVAILABLE ON OR THROUGH THE SITE, ANY WEBSITES OR SERVICES LINKED TO THE SITE OR THE MATERIALS OR INFORMATION CONTAINED AT OR AVAILABLE THROUGH THE SITE. THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS TOU AND SCLERAWORX WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS. Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you.

Termination

Scleraworx may terminate the Services and access to this Site at any time without notice in its sole discretion. In the event of a termination, the Links to Third-Party Sites, General Disclaimer, Limitation of Liability, Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws and General Terms Sections set forth in this TOU shall survive. Users who violate this TOU may additionally incur criminal and/or civil liability. Scleraworx may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.

Intellectual Property Rights

All Content and materials on the Site, including all trademarks, service marks and logos, are copyrighted and/or trademarked, and are protected under applicable state and federal intellectual property and unfair competition laws, as well as international treaties and the copyright and trademark laws of other countries. Trademarks appearing on the Site, including those of Scleraworx, are the property of their respective owners, and other product and company names mentioned on the Site may be the trademarks of their respective owners. Such materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted or downloaded in any way without Scleraworx’s express written permission except that you may download one copy of the Content for your personal, noncommercial use, provided that all copyright and proprietary notice are displayed on such downloaded content. All rights not expressly granted herein are reserved by Scleraworx. If you are aware of any copyright violations on the Site, please contact info@scleraworx.io.

Indemnity

You agree to indemnify, defend at your expense and hold harmless Scleraworx and its third-party providers, and their subsidiaries, affiliates, members, officers, directors, employees, consultants and agents, if any, from any and all third-party claims, and any and all liability, damages and costs (including, but not limited to, attorneys' fees) arising from or relating to (i) your use of the Site and/or Services, (ii) any content you post, email, transmit or relay either to Scleraworx or by use of the Site or Services, (iii) your violation of the TOU or (iv) your alleged infringement of any intellectual property or other right of any person or entity.

Notice

All notices to a party shall be in writing. Notices to Scleraworx shall be sent to its customer service email address info@scleraworx.io. If you provide your e-mail or postal address when you request information from the Site, and if we must provide notices to you, the notices to you shall be sent to the email address or postal address you provided. Notice shall be deemed given 24 hours after an email that is not returned to the sender is sent, or three days after deposit in the US mail, as applicable.

Changes to Site and Services

Scleraworx reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, delivery services, databases or Content. Scleraworx may also impose limits on features or restrict access to parts of the Site.

Applicable Laws

Both you and Scleraworx agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles, will govern all matters relating in any way to this TOU or to your use of the Site or Services. Any disputes will be heard in the state and federal courts located in San Diego, California, and the parties consent to and waive any defenses of lack of jurisdiction and forum non conveniens with respect to such venue and jurisdiction. Scleraworx makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from outside the State of California do so on their own initiative and are responsible for compliance with local laws.

General Terms

This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) are to be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Scleraworx’s failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by Scleraworx.