Surface Ophthalmics

Terms and Conditions

Terms of Use

Please read these Terms of Use (“Terms”) carefully before using the surfaceophthalmics.com website (“Website”), which is operated by Surface Ophthalmics, Inc. (“Surface Ophthalmics,” the “Company,” “us,” “we,” “our”).

Conditions of Use

By using this Website, you certify that you have read and reviewed these Terms and that you agree to comply with them. If you do not want to be bound by the Terms, you must stop using the Website. Surface Ophthalmics only grants use and access of this Website to those who have accepted these Terms. By using this Website, you warrant that you are at least 18 years of age and you may legally adhere to these Terms.

Privacy Policy

Before you continue using our Website, please read our Privacy Policy [link to privacy policy] regarding user personal data collection. It will help you better understand our practices. By using this Website, you acknowledge that you have read our Privacy Policy and agree to be bound by its terms and conditions.

Geographic Region

Surface Ophthalmics operates this Website from Pleasanton, California, U.S.A. Although the Website is accessible from other countries, you are advised that products and services appearing herein may or may not be available in any particular country or region, may or may not be approved by the relevant regulatory authority for commercial use in certain countries, and/or may be approved for different indications or with different restrictions in different jurisdictions.

No Medical Advice

This Website is for informational or educational purposes only. No medical advice is being provided herein. For advice regarding medical conditions and treatment, you should consult a physician or other health care professional.

Intellectual Property

You acknowledge and agree that all materials, products, services, and all other content provided on this Website are the property of Surface Ophthalmics, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. Nothing herein shall be construed as a license grant to you under any intellectual property right owned by Surface Ophthalmics. The content of the Website is protected under the copyright laws of the United States and other countries. Health care professionals may use the content (including printing and downloading) in connection with their professional duties and responsibilities.

You grant Surface Ophthalmics a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast any content that you upload and publish.

User Accounts

As a user of this Website, you may be asked to register with us and provide personal information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

We reserve all rights to terminate accounts, edit or remove content, or cancel orders at our sole discretion.

Applicable Law

By using this website, you agree that the laws of the state of California, without regard to principles of conflict laws, will govern these Terms or any dispute of any sort that might come between you and Surface Ophthalmics or its business partners and associates.

Disputes

To the extent allowed by law, any dispute related in any way to your use of this Website shall be resolved by binding arbitration. The location of arbitration shall be in Orange County, CA, USA, and the language of arbitration shall be English. Judgment on the arbitration award will be final and binding and may be entered in and enforced by any court of competent jurisdiction. All costs associated with such arbitration will be borne equally by the parties to the dispute. You agree that Surface Ophthalmics may seek preliminary relief from a court of competent jurisdiction located in Orange County, CA, USA, pending completion of arbitration, and you consent to exclusive jurisdiction and venue of such courts.

Indemnification; Limitation on Liability

You agree to indemnify, defend, and hold harmless Surface Ophthalmics, its affiliates, and each of their respective directors, officers, employees, contractors, agents, representatives, successors, and assigns from and against all legal claims and demands (including reasonable attorney fees and expenses of litigation) that may arise from your use or misuse of our Website or any violation of these Terms. We reserve the right to select our own legal counsel.

Surface Ophthalmics is not liable for any damages that may occur to you as a result of your misuse of our Website.

Surface Ophthalmics reserves the right to edit, modify, or change these terms at any time without prior notice.

Complete Agreement

These Terms represent the complete understanding between Surface Ophthalmics and the user concerning the use of the Website and supersedes and replaces all prior agreements regarding the subject matter hereof. If any provision in the Terms is held unenforceable, such unenforceability will not affect the validity of the remaining provisions of the Terms, and any such provision declared invalid or unenforceable shall be substituted with an enforceable provision that most nearly approximates the intent of the original provision.

Kera Sol Tears is a trademark of Surface Ophthalmics, Inc.

Last Updated: February 29, 2024