Your Use of the Website
You agree that: (i) your use of the Website will not exceed the scope of the foregoing license; (ii) your use of the Website will comply with all laws and will not violate the rights of any other person; (iii) any information that you provide through the Website will be true, accurate and current; (iv) you will not use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any content included therein without Glaukos’ prior written permission; you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or take any action that imposes an unreasonable or disproportionately large load on Glaukos’ infrastructure as determined by Glaukos in its sole discretion.
Unless otherwise noted, product names, descriptions and labeling are of United States (“U.S.”) origin. The product(s) listed are available only by prescription through your local healthcare professional. Except as expressly stated and agreed upon in advance by Glaukos, no director, employee, agent, or representative of Glaukos, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Website.
The Website is intended for use in the U.S., Canada (except in Quebec) and the European Union member-countries.
Digital Millennium Copyright Act Notice Policy
Glaukos respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on the Website infringes your intellectual property rights, please notify Glaukos’ Copyright Agent and provide the following information: (1) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) a detailed description of the material that you claim is infringing (with an identification of the URL or other specific location on the Website) so that we may locate it; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property rights involved.
The Glaukos Copyright Agent is Robert Davis and can be reached at the following contact information for a notice of copyright infringement:
229 Avenida Fabricante
San Clemente, CA 92672
Telephone: 949.367.9600 x292
The Website may contain links to other websites operated by third parties. The linked sites are not under the control of Glaukos, and Glaukos is not responsible for the content available on any other websites linked to its Website. Such links do not imply Glaukos’ endorsement of material on any other website and Glaukos disclaims all liability with regard to your access to such linked websites. Glaukos provides links to other websites as a convenience to users and access to any other websites linked to its Website is at your own risk.
Unless otherwise set forth in a written agreement between you and Glaukos, you must adhere to the Glaukos linking policy as follows: (i) any link to the Website must be a text only link clearly marked Glaukos Corporation Website; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Glaukos’ names and trademarks; (iii) the link must “point” to the Glaukos homepage at http://www.glaukos.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 Glaukos; (v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website; and (vi) Glaukos reserves the right to revoke its consent to the link at any time and in its sole discretion.
Email submissions over the Internet may not be secure. Please consider this fact before emailing any personal or confidential information.
While we have measures in place to help prevent unauthorized access, maintain data security, and to make proper use of the information that we collect, you should be aware that no transmission of data over the Internet is guaranteed to be completely secure and we cannot guarantee the security of any information you provide to us.
You agree to comply fully with all relevant export laws and regulations of the U.S., including, but not limited to, the U.S. Export Administration Regulations, administered by the Department of Commerce.
The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any time. Glaukos reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website at any time. Glaukos may also impose limits on certain features of the Website or restrict access to any part (or all) of the Website without notice or penalty.
USE OF THE WEBSITE AND CONTENT AVAILABLE ON THE WEBSITE ARE AT YOUR SOLE RISK. GLAUKOS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, UNLESS EXPRESSLY SET OUT OTHERWISE HEREIN. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE AND NEITHER GLAUKOS NOR ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION. GLAUKOS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. GLAUKOS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Limitation of Liability
GLAUKOS, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED THEREON, EVEN IF GLAUKOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF A COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE LOWEST LIMITATION OF LIABILITY ALLOWED BY LAW, OR, IN THE EVENT SUCH AMOUNT IS NOT PRESCRIBED BY LAW, ONE HUNDRED DOLLARS ($100).
Location and Applicable Law
The Website is operated by Glaukos from San Clemente, California. The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Glaukos or its affiliates to any registration requirement within such jurisdiction or country. Glaukos makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website (or use of the products offered herein) may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own by initiative and are responsible for compliance with applicable local laws.
229 Avenida Fabricante
San Clemente, CA 92672