Effective Date: December 15, 2014
What Information We Gather and Track
We request personally identifiable information when you place an order, register for a product or service, download information, request a service, answer a survey, correspond with us or engage in certain other activities on our Websites. For example:
If you submit an order online with us, we will ask you for information necessary to complete the transaction - such as your name, address, and credit card number.
If you request technical support online, we will ask you for information necessary to complete the transaction - such as your name, address, and information about your computer hardware, software and the nature of the problem you are experiencing.
You make the decision whether to proceed with any activity that requests personally identifiable information. If you do not wish to provide the requested information, however, you may not be able to complete the transaction.
The only other information we automatically collect is information related to the use of our Websites. This information is anonymous and is gathered through our servers' log files and we do not use this information to identify you personally. This information allows us to create better content aimed at our viewers’ preferences. These log files record generic information, such as:
General information when you log in: Internet domain (for example, "xcompany.com" or "yourschool.edu"); Internet Protocol (IP) address; operating system; the browser used to access our Websites; files downloaded; the date and time you access our Websites; and the pages that you visit.
Referral and statistical information where we have links or ad banners. Such data may include aggregate data such as the number of click-throughs that occurred. It may also include specific data, such as whether you are a repeat visitor, whether you viewed or clicked on an ad banner and used our site, and the identity of the site from or to which you linked. We do not use such data to identify you personally.
How We Use the Information We Gather and Track
We use personally identifiable information in the following ways:
To provide you with information about product upgrades, new products, services, newsletters, and informative emails,
To assist us in creating content that is relevant to you,
To provide you with special offers that may be of interest to you and to improve your experience on our Websites,
To assist us in creating better products and services to meet your needs,
To allow you to purchase and download products, obtain access to services, or otherwise engage in activities you select,
To help you quickly find software, services, or product information important to you.
All forms on our Websites that send information to a database that may be used in the future, e.g., mailing lists, registration, etc., have check boxes where you specify whether or not you would like to receive information from us in the future. Forms used just to send email, post messages, etc., do not include the option, but will never be used to send information to such a database. Be assured that we do not sell our name and address lists. If you choose to receive information from us, each message will also include instructions on how to "unsubscribe" from future mailings should you wish to cancel.
If you are on a web page that requires personally identifiable information but does not offer communication choices, or would like to change your preferences for information that you have previously provided, please contact us at:
Some of our pages use a feature of your browser called a “cookie.” Cookies, by themselves, are not able to extract any personally identifiable information from you. This cookie automatically identifies your computer - but not you - to our servers when you visit our site. Unless you specifically tell us, we will never know who you are, even though we may assign your computer a cookie. Also, our Websites can only read cookies created by our Websites. Cookies allow us to personalize our site for you and to provide you with information that fits your needs and desires.
Information Sharing and Disclosure
We share personally identifiable information in order to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
Security: Secured Data Transmissions
In those instances in which we secure your personally identifiable information in transit to us and upon receipt in order to safeguard your personally identifiable information, we use the industry standard encryption software, Secured Socket Layer (SSL). The URL in your browser will change from HTTP to HTTPS when this security feature is invoked. Your browser may also display a lock symbol on its bottom task bar line to indicate invoked secure transmission.
Changing your Information
We make a sincere effort to respond to your requests to update or correct the personally identifiable information you may have provided to us. If you believe that we do not have your current personally identifiable information or wish to delete or correct such information, please contact us at:
Access by Third Parties
Other Web Sites
We know that your privacy is very important to you. We welcome questions and comments regarding this policy, so feel free to contact us at:
Effective Date: December 15, 2014
Access and Use In General
All materials displayed or transmitted on the Websites, including but not limited to text, photographs, images, illustrations, software, files, data, graphics, or other content (“Materials”) are owned by Optima or its affiliates, and are protected by United States and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties. When you view, use, or download these Materials, they are provided to you by Optima, under a license that is revocable. Optima retains full and complete title to the software and to all of the associated intellectual property rights in and to the Material. You may not redistribute or sell the Material, nor may you reverse engineer, disassemble, or otherwise convert it to any other form. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the Websites in accordance with these terms and conditions. Optima reserves any rights not expressly granted under these terms and conditions of use.
You hereby grant to Optima a nonexclusive license to reproduce, distribute, display, publish, use, and prepare derivatives of all remarks, suggestions, ideas, or other information that you communicate to Optima through any Website, including but not limited to all remarks, suggestions, ideas, or other information that you communicate to Optima using any of the phone numbers, facsimile numbers, email addresses, mailing addresses, and/or other contact information on any Website. Optima and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the materials.
The contents of the Websites do not include any medical advice or any other advice and shall not be construed as containing any advice regarding medical or any other issues. To the extent that you are seeking medical advice or any other advice, you acknowledge and agree that the Websites do not provide any medical or other advice and that you will not use the Websites to obtain or rely on the Websites for any medical advice or any other advice.
Access and Use of Websites
Minors are not allowed to conduct transactions over the Websites, including purchasing products or submitting requests for information. If you are a minor, please do not attempt to use the Websites for any purpose. In addition, if your ability to use the Websites has been suspended, you may not use the services offered on the Websites. If your permission to access the Websites has been suspended by Optima or any of its affiliates, and you continue to be able to access any Website despite such suspension, then any such access shall be considered a material violation of this Agreement and applicable law. Unauthorized access to or use of any Website is strictly prohibited and may constitute a violation of federal and/or state law.
To gain access to the non-public areas of the Websites, you must obtain a user name. User names may not contain inappropriate or obscene words, phrases, or combinations of characters. Optima is the sole arbiter of whether a user name is inappropriate or obscene. “Inappropriate” language includes, but is not limited to defamatory, racial or profane words, phrases, or combinations of characters. Your user name may not contain words, phrases, or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any entity, including the United States government, with which you are not in fact affiliated. Although your user name need not reveal your identity, you are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable), and information including the address and phone number at which you can be reached, if requested by Optima. Failure to provide this information or providing false information will result in termination of your right to access the Websites.
You must use a password in conjunction with your user name to access the non-public areas of the Websites. You may select the password yourself. DO NOT, UNDER ANY CIRCUMSTANCES, REVEAL YOUR PASSWORD TO ANYONE. You must provide accurate identification to retrieve a password you have forgotten. Optima will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password, including pecuniary obligations incurred by a third party on your behalf.
Optima may revoke your rights to access the non-public areas of the Websites at any time for any reason, including a violation of any other agreement between you and Optima, including an agreement to compensate Optima for purchases. Optima will not be responsible to you or any other party for any loss, damage, claim, or liability that may arise out of such termination.
You will be responsible for ensuring that suitable space, computer equipment, electric power, network connection, phone service, and appropriate environmental conditions exist to enable the Websites to operate effectively. You will also be responsible for installing and maintaining any software required to access the functionality of the Websites (including word processing and spreadsheet software, portable document format viewers, printer drivers, and graphic imaging software).
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Websites. Provided that you do not modify or delete any copyright, trademark or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the material contained on the Websites solely for your own personal, noncommercial use. Any other use of Materials on the Websites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of the Websites, without the prior written permission of Optima, is prohibited.
You acknowledge that all intellectual property rights and other legal means of ownership in the Material residing on the Websites remain with Optima, its licensors and its third party developers. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, textual material, graphics, or modules contained on any Website for any other purpose is prohibited.
The trademarks, logos, and service marks displayed on the Websites, including but not limited to the mark “Optima Surgical” (collectively, “Marks”), are marks or registered marks of Optima and others. Nothing contained on the Websites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on any Website without the express written permission of Optima or a third party that may own the Marks displayed on the Website. The misuse of Marks displayed on any Website, or any other content on the Websites, is strictly prohibited. Please be advised that Optima will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Many of the systems in place in the non-public areas of the Websites contain unique processes that are subject to federal and state intellectual property and trade secret laws. Please be advised that copying or adapting this system may render you liable for infringement of Optima or Optima’s third party developers’ intellectual property rights. Moreover, the Websites contain confidential information. Accordingly, you agree not to disclose (regardless of means, manner, or media) or use (except in the course of the normal use of the Website) the operational or functional aspects of the non-public areas of the Websites or any of the processes used or disclosed therein. In addition, you agree not to use any information learned on the Websites to compete, in any way, with Optima or the Websites.
Names and images of people or places displayed on the Website are either the property of, or used with permission by, Optima. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this agreement, under express permission provided elsewhere on the Websites, or by written permission from Optima. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Optima may, from time to time, allow its users to post information or files on the Websites over which Optima has no supervision or control (“User Postings”). You agree to defend, indemnify, and hold harmless Optima from any liability that it may incur as a result of your posting of such material, including liability arising under any United States or foreign intellectual property law, tort claims, contractual claims, and claims by Optima against you for any damages Optima directly incurs as a result of such User Postings.
Although Optima may from time to time monitor or review any User Postings, transmissions, or the like that may occur on the Websites, Optima is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transactions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such transactions on the Websites. Optima does, however, reserve the right to remove any such information or User Posting if a user or other party brings to Optima’s attention the possibility that such information may result in liability or offense to any other party.
DISCLAIMER OF WARRANTIES AND LIABILITY
OPTIMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT, INCLUDING WITHOUT LIMITATION, ABOUT ANY PRODUCTS OR SERVICES OF OPTIMA. THE WEBSITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE WEBSITES, INCLUDING, WITHOUT LIMITATION, SOFTWARE, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPTIMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OPTIMA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPTIMA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT OPTIMA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OPTIMA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF OPTIMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Optima, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees and court costs, resulting from any violation of this Agreement or any activity related to your use of any Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Websites using your Internet account.
Links to Other Sites
The Websites may provide access to other websites. Optima does not control these sites, and you access them solely at your own risk. Optima also does not endorse or approve any products or information offered at sites you reach through the Websites. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in the Optima Websites or have moved to another website.
Optima controls and operates the Websites from the company's executive offices in Arizona, in the United States of America. Optima in no way warrants or implies that the materials on the Websites are appropriate for use outside of the United States. If you use the Websites from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Websites in violation of U.S. export laws and regulations. Any claim relating to the Websites or your use of them shall be governed by the internal substantive laws of the State of Arizona, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Websites shall be exclusive in the state or federal courts located in Arizona, including the United States District Court for the District of Arizona.
By providing Materials on the Websites, Optima does not promise that the Materials will remain available to you. Optima is entitled to terminate all or any portion of the Websites at any time, without notice to you. Optima also reserves the right to change the terms, conditions, and notices under which the Websites are offered, and your use of the Websites following any such changes shall be deemed to constitute your consent to this Agreement and its modifications. You agree to regularly review this Agreement to verify whether it has been changed.
Any communication or material you transmit to any Website, or to Optima through any Website or using any contact information on any Website, by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Optima or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Optima is free to use any ideas, concepts, know-how or techniques contained in any communication you send to any Website, or to Optima through any Website or using any contact information on any Website, for any purpose whatsoever on a royalty-free basis and for no charge, including but not limited to developing, manufacturing and marketing products using such information.
Optima makes commercially reasonable efforts to safeguard individual Website users’ personal information. Nevertheless, Optima cannot ensure that these measures will provide perfect security. Optima will not be responsible or liable for damage, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your information.
You will not use any Website or any services provided on the Websites in any manner, or in connection with any content, data, hardware, software, or other materials provided by or on behalf of you or any person accessing a Website under your authority that (1) infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or (2) violates any applicable international, federal, state, or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.
In using a Website to conduct transactions, you may acquire access to others’ personal information, such as names and addresses. Your use of the Websites constitutes your agreement to respect others’ privacy with respect to personal information. You may not, under any circumstances, release others’ personal information to third parties, including your employees who have no need for the information, without the written consent of both Optima and the person or persons whose personal information you intend to forward. You may not, under any circumstances, use personal information obtained from the Websites to send unsolicited email, facsimile transmissions, or spam, even if the person to whom you intend to send unsolicited email or spam has communicated with you in the past. You agree to immediately notify Optima of any release or breach of any third party’s personal information (including name, address, phone numbers, email addresses, account numbers, investment histories, or social security number) that occurs as a result of use of a Website under your user name.
You may not use any device, software, or process to interfere or attempt to interfere with any function of any Website. You may not deliberately, willfully, or negligently take any action that overloads, places an unreasonable burden on, or otherwise diminishes (in any significant way) the functionality or responsiveness of any Website or its infrastructure. Optima will be the sole arbiter of what is an “unreasonable” burden or a “significant” diminution of a Website’s functionality and/or responsiveness. Any attempt to alter information posted on a Website or to interfere with the functions of any Website will result in immediate termination of your right to access the Websites and may also render you liable for civil and/or criminal penalties.
Optima periodically collects log files, including IP addresses, from our server. These files give a general picture of who is visiting the Websites and which pages are being viewed most often. This information is collected to assist us in the maintenance and administration of the Websites. Log files are collected mainly for research purposes to see what pages are of most interest and use to current and potential clients as well as to gather demographic, geographic, and psychographic trends. Optima reserves the right to make changes to this Agreement's description of log files' use at any time.
Optima uses “cookie” technology that allows our servers to deposit codes on a visitor's computer. This information helps to determine the number of visitors to a Website on an ongoing basis and the types of Internet browsers (e.g., Safari or Internet Explorer) and operating systems (e.g., Windows or Mac OS) used by the Websites’ visitors. This information is used to enhance your online visits.
If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the Agreement will remain in place. This is the entire Agreement between you and Optima regarding all aspects of your use of the Websites.