1. The Website
2. Modification to the Terms and the Policy
Santa Barbara Imaging Systems reserves the right, in its sole discretion, to amend the Terms and the Policy at any time to incorporate additional terms to specific to additional features, materials, information, products, opportunities, or services that we may make available on or through the Website. All such updates and amendments are effective immediately upon the notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. You shall be responsible for reviewing and becoming familiar with any such updates and amendments. Your continued use of the Website after the policy has been amended and notice thereof has been given shall be deemed your acceptance of the modified Terms and Policy.
3. Website Access
3.1 You are permitted to use the Website, Content (as defined below) and any services offered via the Website for lawful purposes as provided in these Terms only Subject to Your compliance on a continuing basis with all of the terms and conditions of this agreement, Santa Barbara Imaging Systems hereby grants You a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Website and services offered via the Website, without the right to sublicense, under the following conditions: You shall not, without Santa Barbara Imaging Systems’ express written consent:
1. use the Website or the services offered via the Website to conduct or promote any illegal activities;
2. You shall not copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or other distribute any Content in any medium, in each case for any purpose other than for which the Website and the services offered via the Website are being provided to you;
3. You will not circumvent, disable, violate or attempt to violate, attempt to reverse engineer or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website;
4. You will not link to the Website without Santa Barbara Imaging Systems’s prior written consent;
5. attempt to gain access to secured portions of the Website to which you do not possess access rights;
6. mirror or game the Website, Content or any services offered via the Website, place pop-up windows over its pages, or otherwise affect the display of its pages;
7. use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text;
8. create derivative works from the Content or commercially exploit the Content in any way;
9. use any portion of the Website, Content or services offered via the Website in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner (as defined below) or any third party;
10. alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice including in the Content; or
11. use or launch any automated system, including and without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses, search or harvest information from the Website in any manner. You acknowledge and agree that you will not to collect or harvest any personally identifiable information, including email addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
4. Intellectual Property Rights
Unless otherwise noted, the content on the Website including without limitation, the text, abstracts, metadata, software, scripts, graphics, designs, documents, files, images, photos, sounds, music, videos, interactive features, trademarks, service marks, brand identities, characters, trade names, logos, copyrights, trade dress, or other intellectual property appearing in and used to operate the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by Santa Barbara Imaging Systems (or its affiliates) or used with permission or under license from a third party (each an “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws under United States and foreign laws and international conventions. All brand names, product names, slogans, logos or service names and other marks used on the Website, are registered and/or common law trade names, trademarks or service marks of Santa Barbara Imaging Systems or the applicable Owner.
5. Third Party Websites
6. Product Information
These Terms solely govern Your use of the Website, which does not include Your use of any current, or future, Santa Barbara Imaging Systems products (collectively, “Santa Barbara Imaging Systems Products”). All product claims made on the Website are supported by data on file.
The Website is not a substitute for the Instructions for Use distributed with Santa Barbara Imaging Systems Products. Refer solely to the Instructions for Use distributed with the applicable Santa Barbara Imaging Systems Product for all prescription information and product indications.
Caution: Federal law (USA) restricts Santa Barbara Imaging Systems Products to sale by or on the order of a physician. See applicable Instructions For Use (“IFU”) for full prescribing information, including indications, contraindications, warnings, precautions and adverse events.
7. Warranty Disclaimer
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, SANTA BARBARA IMAGING SYSTEMS, SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CONTENT AND THE MARKS AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SANTA BARBARA IMAGING SYSTEMS, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, SANTA BARBARA IMAGING SYSTEMS DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. SANTA BARBARA IMAGING SYSTEMS RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.
8. Limitation of Liability
9. United States Only
By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, you are transferring your personal information to the United States. Any legal action brought under or in connection with your use of the Websites shall be brought only in the United States District Court for the Central District of California. Each party hereby completely and irrevocably submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of this Agreement in any other court or forum. Each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this Agreement in the federal or state courts sitting in the city of Santa Barbara, California, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Santa Barbara Imaging Systems in any respect whatsoever. If there is any dispute about or involving the Website, You agree that the dispute shall be governed by the laws of the State of California, without regard to conflicts of law provisions and You agree that exclusive venue shall be with the state and federal courts of the Central District of California. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Santa Barbara Imaging Systems without restriction. Santa Barbara Imaging Systems’ failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last updated: March 3, 2020
What Does This Policy Cover?
What Personal Information Does Santa Barbara Imaging Systems Collect?
The information we gather from users enables us to personalize and improve our services. We collect the following types of information from our users.
Personal Information You Provide to Us:
We collect information you provide to us. For example, we collect your name, email address, zip code, and other information you provide us on our Websites. We may also obtain information from other sources and combine that with information we collect on our Websites.
As a visitor of our Websites, you may choose not to provide us with personal information, in order to use the Websites, but certain features of the Websites may not be available to you.
If you are a distributor, you may opt into our “Find a Pixa Distributor Near You” service. If you opt into this service, we will collect your name, office address, phone number, website URL, and any other information you provide us (“Professional Information”).
Personal Information Collected Automatically:
As is true of most websites, Santa Barbara Imaging Systems may gather certain information automatically through the Websites and store it in log files. This information, which does not identify you, includes your IP address, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
Santa Barbara Imaging Systems only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. We use this aggregate data to figure out how users use the services available via the Websites so that we can make the Websites more appealing, and otherwise improve the functionality of our services. We may provide such aggregate information to our partners about how our users, collectively, use our site so that they, too, may provide you with an optimal online experience. Santa Barbara Imaging Systems never discloses aggregate information to a partner in a manner that would identify you personally.
What About Cookies?
We may also automatically collect information using Web beacons. Web beacons are electronic images that are used on our Websites or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
Third Party Advertisements
How Will Santa Barbara Imaging Systems Use Information it Collects?
We use information that we collect about you or that you provide to us through our Websites for the purposes described in this Policy or disclosed to you on our Websites or in connection with our services. For example, we may use your information:
• to operate our Websites, products and services;
• to improve the quality and design of our Websites and offer new services;
• to provide you with the information, products or services that you request from us;
• to monitor the effectiveness of our services and marketing campaigns;
• to monitor the use of our Websites, including, without limitation, number of visitors, pages viewed, etc.;
• to understand you and your preferences, to enhance your experience and enjoyment using our Websites, products and services;
• to process and deliver contest entries and rewards;
• to send you related information, including confirmations, technical notices, updates, security alerts and support and administrative messages;
• to communicate with you about new contests, promotions, rewards, upcoming events, and other news and products and services offered by Santa Barbara Imaging Systems and our selected partners;
• to link or combine it with other personal information we get from third parties, to help understand your needs and provide you with better service.
Will Santa Barbara Imaging Systems Share Any of the Personal Information It Receives?
We do not share any of your personal information that we collect, other than as follows:
With Your Consent:
We will share information with your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies.
Service Providers and Agents:
We employ contractors, service providers and other third parties to perform tasks to support our business. We share your information with such third parties who need access to your information to provide their services to us.
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. We may share your information in connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company.
Protection of Santa Barbara Imaging Systems and Others:
We may share your information, (i) when we believe in good faith that such disclosure is necessary to comply with or respond to lawful requests and legal process; (ii) to enforce our Terms of Service, policies and other agreements; or (iii) to protect the rights, property, or (in the event of an emergency) personal safety of Santa Barbara Imaging Systems, our employees, our users, or any person.
Distributor: If you are a distributor and opt to participate in our “Find a Pixa Physician Near You” service, we may display your Professional Information on our Websites, when a visitor performs a search for physicians who offer our products.
We may also share aggregated or deidentified information.
Is Personal Information About Me Secure?
Santa Barbara Imaging Systems takes reasonable steps to help protect user information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, Santa Barbara Imaging Systems cannot guarantee the security of information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. For additional information about the security measures Santa Barbara Imaging Systems uses in connection with Santa Barbara Imaging Systems, please contact us at email@example.com.
What Personal Information Can I Access?
Santa Barbara Imaging Systems allows you to access the information we may have collected about you for the purpose of viewing, and in certain situations, updating that information. When you update information, however, we may maintain a copy of the unrevised information in our records. If you wish to review the information Santa Barbara Imaging Systems may have collected in connection with you, please email us at firstname.lastname@example.org.
What Other Choices Do I Have?
You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests to opt-out of sharing your personal information with third parties by emailing email@example.com.
Via email at: firstname.lastname@example.org
Via Mail at:
Santa Barbara Imaging Systems
340 Storke Road, Suite 101
Goleta, CA 93117
Santa Barbara Imaging Systems, Inc. (SBIS) is a global design and manufacturing company dedicated to providing superior visualization technologies.
Developed with the highest quality standards, our focus is on providing reliable and effective solutions for our customers.