Terms and Conditions

Please read the following terms of use (“Terms of Use”) carefully before using the www.clomr.com website (“Website”). By using the Website you agree to abide and be bound by these Terms of Use and our Privacy Policy, found at www.clomr.com/privacy and incorporated herein by reference (“Privacy Policy”). If you do not agree to these Terms of Use or the Privacy Policy, you may not use the Website.

These Terms of Use are entered into by and between you and Clomr, Inc. (“Clomr,” “we,” or “us”) and govern your access to and use of the Website. These Terms of Use are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by Clomr through the Website or otherwise.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• - Making all arrangements necessary for you to have access to the Website.

• - Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law, or regulation, or otherwise attempt to interfere with the proper working of the Website.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Clomr, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or (ii) access or use for any commercial purposes any part of the Website. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Clomr. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and/or other laws.

Trademarks

Clomr and the Clomr products referenced in this site are either trademarks, service marks or registered trademarks of Clomr or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any Clomr trademark may be made by any third party without express written consent of Clomr.

Disclaimer of Warranties and Limitation on Liability

Your use of the Website, its content, and any services or items offered on the Website is at your own risk. The Website, its content, and products or services offered on the Website are provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event does or will Clomr warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of the Website, its content, and products or services offered on the Website.

In no event will Clomr be liable to any party for any damages of any kind arising out of the use or inability to use the Website or any linked website, including, but not limited to, direct, indirect, special, or consequential damages, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if Clomr is advised of the possibility of such damages.

The foregoing does not affect any warranty or liability that cannot be excluded or limited under applicable law.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to the Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

SMS Terms & Conditions

Clomr may send notifications to surgery center staff and patients to coordinate patient care and provide reminders. Message frequency varies. Message and data rates may apply. Upon receipt of a text notification from Clomr the recipient may reply STOP to cancel or reply with HELP for help. Carriers are not liable for delayed or undelivered messages.

Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Waiver and Severability

No waiver by Clomr of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Clomr to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.