Terms and Conditions

Terms of Use

1. The Website

Santa Barbara Imaging Systems, Inc. (“Santa Barbara Imaging Systems”) operates a number of websites including www.sbimagingsystems.com (each a “Website”) and all features, content, and applications offered via the Websites. Your use and access of the Website is governed by and subject to the following terms of use (“Terms”). If you do not agree with the terms and conditions contained with these Terms or if you do not agree with the Santa Barbara Imaging Systems privacy policy (the “Policy”), which is available at http://www.intersectent.com/privacy-policy.html, please do not use the Website or any services offered by the Website. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE.

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

The Website may contain links to third party websites that are not owned or controlled by Santa Barbara Imaging Systems. When You access third party websites, You do so at your own risk. Santa Barbara Imaging Systems encourages You to be aware when You leave the Website and to read the terms and conditions and privacy policy of each third party website that You visit. Santa Barbara Imaging Systems has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party website. By using the Website, You expressly relieve Santa Barbara Imaging Systems from any and all liability arising from Your use of any third party website.

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

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL SANTA BARBARA IMAGING SYSTEMS, ITS SUPPLIERS’, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SANTA BARBARA IMAGING SYSTEMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE, THESE TERMS, OR ITS PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SANTA BARBARA IMAGING SYSTEMS AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SANTA BARBARA IMAGING SYSTEMS AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

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.

10. Miscellaneous

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.

Privacy Policy

Privacy Policy

Last updated: March 3, 2015

Santa Barbara Imaging Systems, Inc. (“Santa Barbara Imaging Systems” or “we” or “us”) knows that you care about how your personal information is used and shared and takes your privacy seriously. Please read the following to learn more about our Privacy Policy. By visiting Santa Barbara Imaging Systems’ websites at www.sbimagingsystems.com (collectively, the “Websites”), or using any of our on-line services or products, you hereby accept the practices and policies outlined in this privacy policy (“Privacy Policy”).

What Does This Policy Cover?

This Privacy Policy explains how your personal information is collected, used, and disclosed by Santa Barbara Imaging Systems. This Privacy Policy applies to users of Santa Barbara Imaging Systems’s online services available through our Websites. This policy does not apply to the practices of companies that Santa Barbara Imaging Systems does not own or control, or to individuals Santa Barbara Imaging Systems does not employ or manage.

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 automatically collect information using “cookies.” Cookies are small data files stored on your computer’s hard drive through your Web browser. Among other things, cookies help us improve our Websites and your experience. We use cookies to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. The Websites’ cookies do not collect personal information, and we do not combine the general information collected through cookies with other personal information we collect. Cookies may be removed and/or disabled by following Internet browser help file directions. If you choose to disable cookies, some areas or features of our Websites may not work properly.

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

Ads appearing on the Websites may be delivered to users by third party advertising partners. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Websites (but not your name, address, email address, or telephone number). They do this using cookies, clear gifs, or other technologies. Information collected may be used by such advertisers to, among other things, deliver advertising targeted to your interests and to better understand the usage and visitation of our Websites and other sites tracked by these third parties. This Privacy Policy covers the use of cookies by Santa Barbara Imaging Systems and does not cover the use of cookies or clear gifs by any third party advertisers. We are not responsible for any cookies, clear gifs or other technologies in any third party advertisements, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by companies, click here: http://www.aboutads.info/choices/.

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.

Business Transfers:

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 info@sbimagingsystems.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 info@sbimagingsystems.com.

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 info@sbimagingsystems.com.

Changes to This Privacy Policy

Santa Barbara Imaging Systems may make changes to this Privacy Policy from time to time for any reason. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make any changes to this Privacy Policy, we will change the “Last Updated” date above. If we make material changes to this Privacy Policy, we will notify you via e-mail or by posting an announcement on Santa Barbara Imaging Systems. Each user is bound by any changes to the Privacy Policy when he or she uses Santa Barbara Imaging Systems after such changes have been first posted. If you object to any such revisions, you must cease using our Websites. Continued use of our Websites following notice of any such revisions shall indicate your acknowledgement of such revisions and your agreement to be bound by the terms and conditions of the revised Privacy Policy.

Contact Information

If you have any questions or comment about this privacy policy and our privacy practices, contact us:

Via email at: info@sbimagingsystems.com

Via Mail at:

Santa Barbara Imaging Systems

340 Storke Road, Suite 101

Goleta, CA 93117

Office: 805.770.2110



Santa Barbara Imaging Systems

About Santa Barbara Imaging Systems

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.