1. Acceptance of Conditions

By accessing, browsing, or otherwise using the Platform, you confirm that you possess the legal capacity to enter into a binding contract and that you accept and agree to adhere to these Conditions. This Agreement extends to all visitors, users, and any other parties who interact with or use the Platform. If you do not agree with any element of these Conditions, you are expressly forbidden from utilizing or accessing the Platform.

2. Eligibility and Platform Access

The Platform is offered and made available exclusively to individuals who are 18 years of age or older. By using this Platform, you affirm and guarantee that you meet the legal age requirement to form a contractual relationship with New York Tonometer and satisfy all aforementioned eligibility criteria. Failure to meet these requirements necessitates that you refrain from accessing or using the Platform. We retain the unilateral right to discontinue or modify this Platform, along with any services or materials provided on it, without prior notification. We bear no responsibility if the Platform, in whole or in part, becomes inaccessible at any moment or for any duration. Occasionally, we may restrict access to certain segments of the Platform, or the entire Platform, for all users, including those who are registered.

3. User Accounts and Account Security

Should you establish or be provided with a username, password, or any other security credential as part of our authentication protocols, you are obligated to maintain its confidentiality and must not share it with any other individual or entity. You also acknowledge that your account is intended for your personal use and commit not to grant any other person access to this Platform or its components using your username, password, or other security details. You agree to promptly inform us of any unauthorized access or use of your username or password, or any other security breach. Furthermore, you agree to log out of your account at the conclusion of each session. Exercise particular caution when accessing your account from a public or shared device to prevent others from viewing or recording your password or personal information. We reserve the right to deactivate any username, password, or other identifier, whether chosen by you or provided by us, at any time, for any reason or no reason, particularly if, in our judgment, you have violated any term of this Agreement.

4. Platform Usage Guidelines and Prohibited Activities

You are permitted to use the Platform solely for lawful purposes and in compliance with these Conditions. You agree not to use the Platform for the following:

• Any action that contravenes applicable federal, state, local, or international laws or regulations (including, but not limited to, laws pertaining to data or software export to and from the United States or other nations).
• Activities intended to exploit, harm, or attempt to exploit or harm minors by exposing them to inappropriate content, soliciting personally identifiable information, or similar actions.
• Transmitting or facilitating the transmission of unsolicited advertising or promotional content without our explicit written consent, including "junk mail," "chain letters," "spam," or comparable solicitations.
• Impersonating or attempting to impersonate New York Tonometer, an employee of New York Tonometer, another user, or any other person or entity.
• Engaging in any other conduct that restricts or impedes anyone's use or enjoyment of the Platform, or which, as determined by us, could cause harm to New York Tonometer or other Platform users, or expose them to liability.

Additionally, you agree to refrain from the following:

• Using the Platform in any manner that could disable, overload, damage, or impair its functionality or interfere with any other party's use of the Platform.
• Employing any robot, spider, or other automated device, process, or means to access the Platform for any purpose, including monitoring or copying any content on the Platform.
• Utilizing any manual process to monitor or copy any content from the Platform, or for any other unauthorized purpose, without our prior written consent.
• Implementing any device, software, or routine that disrupts the proper operation of the Platform.
• Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically detrimental.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any segments of the Platform, the server hosting the Platform, or any server, computer, or database connected to the Platform.
• Attacking the Platform through a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempting to interfere with the legitimate operation of the Platform.

5. Intellectual Property Rights

The Platform and all its components, features, and functionalities (including, but not limited to, all data, software, text, displays, images, video, and audio, along with their design, selection, and arrangement) are the exclusive property of New York Tonometer, its licensors, or other content providers. These elements are safeguarded by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Conditions grant you permission to use the Platform strictly for your personal, non-commercial purposes. You are prohibited from reproducing, distributing, modifying, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any material from our Platform, except under the following circumstances:

• Your computer may temporarily store copies of such materials in RAM as an incidental part of accessing and viewing them.
• You may store files automatically cached by your web browser for enhanced display purposes.
• You may print or download a single copy of a reasonable number of pages from the Platform for your personal, non-commercial use, not for subsequent reproduction, publication, or distribution.

You must not:

• Alter copies of any materials obtained from this site.
• Use any illustrations, photographs, video or audio sequences, or graphics independently of their accompanying text.
• Remove or modify any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Should you print, copy, modify, download, or otherwise use or provide any other individual with access to any portion of the Platform in violation of these Conditions, your right to use the Platform will cease immediately, and you must, at our discretion, either return or destroy any copies of the materials you have created. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by New York Tonometer.

6. Disclaimer of Guarantees

You acknowledge that we cannot and do not assure or guarantee that files available for download from the internet or the Platform will be free of viruses or other harmful code. You bear the responsibility for implementing adequate procedures and safeguards to meet your specific requirements for antivirus protection and accurate data input and output, as well as for maintaining an external means for any data reconstruction in case of loss. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY DAMAGING MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPRIETARY ASSETS DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, OR FROM YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR ENGAGEMENT WITH THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS ACQUIRED THROUGH THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED VIA THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPLICIT OR IMPLICIT. NEITHER New York Tonometer NOR ANY INDIVIDUAL ASSOCIATED WITH New York Tonometer MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR ACCESSIBILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER New York Tonometer NOR ANYONE AFFILIATED WITH New York Tonometer REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, DEPENDABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER HOSTING IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE SATISFY YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, New York Tonometer HEREBY DISCLAIMS ALL WARRANTIES OF ANY NATURE, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Responsibility

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL New York Tonometer, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE HELD LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR CONNECTED WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT IMPACT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless New York Tonometer, its affiliates, licensors, and service providers, along with their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your breach of these Conditions or your use of the Platform. This includes, but is not limited to, your user contributions, any use of the Platform's content, services, and products not explicitly authorized in these Conditions, or your reliance on any information obtained from the Platform.

9. Amendments to Conditions

We may periodically revise and update these Conditions at our sole discretion. All modifications become effective immediately upon their publication and apply to all subsequent access and use of the Platform. Your continued use of the Platform following the posting of revised Conditions signifies your acceptance and agreement to these changes. You are expected to check this page regularly to remain informed of any alterations, as they are binding upon you.

10. Governing Law and Legal Jurisdiction

All matters pertaining to the Platform and these Conditions, as well as any dispute or claim arising from or related thereto (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the internal laws, without giving effect to any choice or conflict of law provision or rule. Any legal action, suit, or proceeding arising out of or related to these Conditions or the Platform shall be initiated exclusively in the federal or state courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Severability

Should any provision of these Conditions be deemed invalid, illegal, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, such provision shall be removed or limited to the minimum extent necessary, ensuring that the remaining provisions of the Conditions retain their full force and effect.

12. Entire Agreement

This Agreement and our Privacy Policy constitute the complete and exclusive understanding between you and New York Tonometer regarding the Platform, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, concerning the Platform.

13. Contact Information

For any inquiries regarding these Conditions, please reach out to us:

• Via email: info@nytonometer.com
• By telephone: +1 929 550 96 02
• Through postal mail: 1501 | Methyl Street | Pittsburgh | 15216 | United States