Terms and Conditions

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.