Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the LightScalpel, Inc’s website located at lightscalpel.com (the “Site”). This website is owned and operated by the LightScalpel, Inc. Throughout the site, the terms “we”, “us” and “our” refer to LightScalpel. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

These Terms of Use include all of the terms and conditions and policies referenced herein and/or available by hyperlink. LightScalpel will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. LightScalpel reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.

LightScalpel reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, LightScalpel grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

LightScalpel reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Site Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to LightScalpel, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under LightScalpel’s control, and LightScalpel is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You may use information on LightScalpel products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by LightScalpel for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content:

  • for any unlawful purpose
  • to solicit others to perform or participate in any unlawful acts
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  • to submit false or misleading information
  • to provide a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
  • to collect or track the personal information of others
  • to spam, phish, pharm, pretext, spider, crawl, robot or scrape
  • to use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. for any obscene or immoral purpose
  • to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any LightScalpel server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.to export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
  • to reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of LightScalpel, including any LightScalpel account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
  • to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or LightScalpel’s systems or networks, or any systems or networks connected to the Site or to LightScalpel.
  • to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LightScalpel on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses and to bar any such prohibited uses.

Disclaimers

LightScalpel disclaims any responsibility for anything connected to this Site or your use of this Site, and LightScalpel makes these specific disclaimers:

  • LightScalpel does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted.
  • LightScalpel does not promise that any defects will be corrected, or that your use of the site will provide specific results.
  • The site and its content are delivered on an “as-is” and “as-available” basis.
  • All information provided on the site is subject to change without notice.
  • LightScalpel cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.
  • LightScalpel DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  • LightScalpel disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any LightScalpel services.
  • You assume total responsibility for your use of the site and any linked sites.
  • Your sole remedy against LightScalpel for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

LightScalpel’s Remedies for User Violations

You agree that LightScalpel may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to LightScalpel, for which monetary damages would be inadequate, and you consent to LightScalpel obtaining any injunctive or equitable relief that LightScalpel deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies LightScalpel may have at law or in equity.

If LightScalpel does take any legal action against you as a result of your violation of these Terms of Use, LightScalpel will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to LightScalpel. You agree that LightScalpel will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Privacy

LightScalpel’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view LightScalpel’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LightScalpel may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) LightScalpel’s rights or property, or the rights or property of visitors to or users of the Site, including LightScalpel’s customers. LightScalpel reserves the right at all times to disclose any information that LightScalpel deems necessary to comply with any applicable law, regulation, legal process or governmental request. LightScalpel also may disclose your information when LightScalpel determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that LightScalpel may preserve any transmittal or communication by you with LightScalpel through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or LightScalpel determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of LightScalpel, its employees, users of or visitors to the Site, and the public.

Limitation of Liability

In no case shall LightScalpel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

If, notwithstanding the other provisions of these Terms of Use, LightScalpel is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, LightScalpel’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against LightScalpel, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification of LightScalpel

You agree to indemnify and hold LightScalpel, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against LightScalpel by any third party due to or arising out of or in connection with your use of the Site, or your violation of any law or the rights of others.

Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between LightScalpel and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation, If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

General Provisions

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

LightScalpel’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by LightScalpel of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between LightScalpel and you or any other party be deemed to modify any provision of these Terms of Use.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Questions about the Terms of Service should be sent to us at info@lightscalpel.com.
Any feedback you provide at this site shall be deemed to be non-confidential. LightScalpel shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.
Copyright © 2020 LightScalpel. All rights reserved.
Date of last update: July 2, 2020