You must agree to the Terms and Conditions of Use to proceed to the Hoya Toric Calculator.
1. Overview
These Terms of Use shall apply to your use of any HSO Web sites (referred to as "HSO's Web sites" and the "Web sites") or the HSO Toric Calculator program (hereinafter referred to as the "HTC").

HSO's Web sites and HSO's HTC are owned and operated by Hoya Surgical Optics, Inc., a Delaware corporation (collectively, together with its global affiliates, 'HSO') based in Chino Hills, CA, USA. The Web sites are designed to provide general information about HSO and its products and services. Nothing contained on HSO's Web sites is intended to offer medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment. Should you have a medical condition, promptly see your healthcare provider. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your healthcare provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on HSO's Web sites. Before using any product or service discussed on the Web sites, please consult your healthcare provider.

In addition, nothing presented here is intended to provide instructions on the use of the products supplied by HSO. For specific information and instruction relative to HSO's products and services, please refer to the product labeling supplied with all HSO products.

2. Acceptance of Terms
HSO's Web sites are offered to you, subject to the following terms, conditions and notices contained or referenced herein (the "Terms of Use"), which govern use of the Web sites. By using the Web sites, you signify your agreement to the Terms of Use. If you do not agree to all of these Terms of Use, please do not use HSO's Web sites. HSO reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of the Web sites following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

3. USE OF HTC
You are entitled to use the HTC in accordance with the Terms of Use outlined herein. You may not, however, allow third parties to access the HTC, or use the HTC for third-party training, commercial time-sharing, rental or service bureau use. You agree not to download the HTC or cause or permit the reverse engineering, disassembly or decompilation of the HTC. HSO retains all title, copyright, and other proprietary rights pertaining to the HTC. The user does not acquire any rights, express or implied, in the HTC, other than those specified in the Agreement.

4. SERVICES
Hosting Services. HSO will provide you with access to the online HTC and will provide for the storage or retrieval of your data in connection with use of the HTC. As the User, you are responsible for obtaining access to the Internet using software and hardware that meets all applicable security requirements.

By accepting the Terms and Conditions listed herein you hereby represent and warrant that you have the rights to all User's Data, including the right to upload User's Data to the HTC in connection with its authorized use of the HTC. You agree that the your data and its use do not infringe the rights of any third party and you agree to indemnify and holds HOS, Inc. harmless from any third-party claims of infringement under the same terms and conditions set forth below for HSO's infringement indemnity.

5. HSO's Privacy Policy
Information you provide through HSO's Web sites is subject to HSO's Privacy Policy. If you provide any information via the Web sites it shall be deemed that the content is not confidential. HSO shall be free to use this information. In addition, if you give any feedback to HSO, it shall be deemed that the content is not confidential. HSO shall be free to use any ideas, concepts, know-how or techniques contained in your feedback for any purpose and to reproduce and disclose the information to third parties without limitation.

6. Scope of Use
HSO's Web sites and the information contained in reference herein are for general informational purposes only. Any reproduction or copying of any materials or design elements of the Web sites is strictly prohibited, without the prior written consent of HSO. Requests for permission to reproduce any information contained on the Web sites should be addressed to Hoya Surgical Optics, Inc., 14768 Pipeline Avenue, Chino Hills, CA 91709, USA.

Notwithstanding the above, HSO authorizes you to make one (1) electronic or paper copy of the information posted on any page on the Web sites, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on HSO's Web sites. Systematic retrieval of data or other content from the Web sites to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of HSO is prohibited.

7. Government Regulations
HSO offers products and services to diagnose, prevent and treat diseases of the head and neck, principally the eye, ear and nose. These products, used by healthcare professionals, are regulated by government agencies in each of the countries in which HSO does business, such as the Food and Drug Administration of the United States, or the Pharmaceuticals and Medical Devices Agency in Japan. Please check with the relevant government agency and regulatory authority for information appropriate in your country.

HSO's Web sites contain information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
Nothing contained on HSO's Web sites should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by any referent law or regulation in your jurisdiction. Specific questions about the availability and use of products described on HSO's Web sites should be directed to the office of your local HSO affiliate.

8. Links to Third-Party Sites
HSO's Web sites may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of HSO and HSO is not responsible for the contents of any Linked Site, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. HSO is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by HSO in favor of any company offering Internet services, products or services on the Linked Site. HSO accepts no responsibility for any loss or damage that may arise from your use of or reliance on any content products or services available on or through a Linked Site.

9. Links from Third-Party Sites
You may link to HSO's Web sites provided you do so in a way that is fair and legal and in accordance with HSO's Linking Policy.

HSO reserves the right to withdraw, without notice, your permission to link to the Web sites.

10. Account, Password, Confidentiality and Security
You may be required to provide an account and password to access portions of HSO's Web sites. You agree to be fully responsible for all access, use and activities that occur under your account and password. You are solely responsible for maintaining the confidentiality of your account and password. You must NOT disclose your account and password to anyone. You must NOT leave any computer unattended while logged on to any of HSO's Web sites. You agree to immediately notify HSO of any breach of security of your account or password, such as theft, unauthorized use, attempted use, or tampering. You agree to exit and log out from your account at the end of each session. The account and password must not be transferred from the person that it was issued to. Replacement accounts can be obtained from HSO

11. U.S. Government and HIPAA
The HTC and accompanying documentation are commercial computer software and documentation developed exclusively at private expense and in all respects are proprietary data belonging to HSO If the HTC and accompanying documentation are used under the terms of a DOD or civilian agency contract, use, reproduction and disclosure of such software and documentation by the Government is subject to the restrictions set forth in the Agreement in accordance with 48 C.F.R. 227.7202 or 48 C.F.R. 12.212, respectively. The HIPAA Business Associate Agreement attached hereto as Exhibit A is incorporated into the TOS by this reference.

12. No Unlawful or Prohibited Use
As a condition of your use of HSO's Web sites, you warrant that you will not use the Web sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Web sites in any manner that could damage, disable, overburden, or impair the Web sites or any user of the Web sites, or interfere with any other party's use of the Web sites. You may not use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Web sites or to intercept or expropriate any system, data or personal information from the Web sites. You also agree that you will not upload, post or transmit any communications or content of any type that (1) infringes or violates any rights of any party, (2) is false, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation. You will not use the Web sites to access any third party sites or cause damage to them.

13. Intellectual Property
You acknowledge and agree that information presented to you through the HSO Web sites is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HSO, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web sites in whole or in part. Any rights not expressly granted herein are reserved.

You shall retain ownership of all your data stored or retrieved in connection with use of the HTC, which data shall be subject to the confidentiality provisions set forth below. You agree that storage or caching of your data is not an infringement of any of your intellectual property rights. You also agree that you will not store data on the Host Server that is subject to the rights of any third parties without first obtaining all required authorizations and rights in writing from such third parties. Provided that HSO implements appropriate de-identification criteria in accordance with the Standards for Privacy of Individually Identifiable Health Information set forth in 45 C.F.R. §164.514(b), you acknowledge and agree that de-identified information is not Protected Health Information as defined in the applicable regulations and that HSO may use such de-identified information for any lawful purpose.

14. Notice of Copyright Infringement
Notice of claims of copyright infringement on HSO's Web sites or the HTC may be sent to:
Hoya Surgical Optics, Inc.
14768 Pipeline Avenue
Chino Hills, CA 91709 USA
HSO will endeavor to remove in a timely manner any content which infringes the copyright of any person under the laws of the United States upon receipt of written notice in a manner consistent with the requirements set forth in 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

15. Trademark and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all HSO or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to HSO or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on HSO's Web sites confers on you any license or right under any patent or trademark of HSO or any third party.

16. Disclaimer of Warranties
All materials, information, products and services included in or available through HSO's Web sites are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
HSO has made and will continue to make diligent efforts to include accurate and up-to-date information on the Web sites. However, HSO makes no warranties or representations, express or implied, that the information contained or referenced in the Web sites is accurate, complete, reliable or correct; that the Web sites will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. You agree that all access to and use of the Web sites, any Linked Site and the contents thereof are at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
HSO does not warrant that the HTC will operate in the combinations that you may select for use, that the operation of the HTC will be uninterrupted or error-free, or that all Hosted Program errors will be corrected.

17. Limitation of Liability
Neither HSO nor any party involved in creating, producing or delivering HSO's Web sites, or any Linked Site, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use the Web sites or any Linked Site, or any errors or omissions in the content thereof. HSO reserves the right to alter the content of the Web sites in any way (including removing links to any Linked Sites), at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. In addition, HSO expressly disclaims any and all liability related to, arising from, or connected with a third party Linked Site.
These limitations apply whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if HSO has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, HSO's liability in such jurisdictions shall be limited to the maximum extent permitted by law and any exclusion or restriction on liability for death or personal injury arising from HSO's negligence or fraud will not apply if it is prohibited in your jurisdiction.

18. Indemnification
You agree to defend, indemnify and hold harmless HSO and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Web sites, your use of the Web sites, your violation of the Terms of Use or your violation of any rights of another person or entity.

19. Choice of Law and Forum
The Agreement, and all matters arising out of or relating to the Agreement, shall be governed by the laws of the State of California, without giving effect to principles regarding conflicts of laws. You and HSO expressly agree to submit to the exclusive jurisdiction and venue of the courts in San Bernardino County, California, USA, in all disputes arising out of or relating to the use of the Web site or the HTC. Any controversy or claim arising out of or relating to the Agreement, or breach thereof, shall be submitted to the following procedure: (a) direct negotiation in a settlement conference to be scheduled as soon as possible after the dispute arises; (b) if no resolution is reached within sixty (60) days of the settlement conference, the parties will submit the dispute to non-binding mediation in San Bernardino County, California under the mediation rules of the American Arbitration Association; (c) if no settlement is reached within sixty (60) days of the start of mediation, either party may seek legal redress in a forum of competent jurisdiction.

20. Severability and Integration
Unless otherwise specified herein, these Terms of Use (together with the documents referred herein) constitute the entire agreement between you and HSO and govern your use of the Web sites, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and HSO. If any portion of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

21. No Waiver
The failure of HSO to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

22. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship will exist between you and HSO as a result of these Terms of Use or your use of the Web sites. Nothing contained in these Terms of Use is in derogation of HSO's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web sites or information provided to or gathered by HSO with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

23. Termination
HSO reserves the right, in its sole discretion, to terminate your access to all or part of the Web sites, with or without notice to you. You agree that HSO shall not be liable to you or any third party for any termination of your access to the Web sites.

EXHIBIT A: HIPAA BUSINESS ASSOCIATE ADDENDUM
This BUSINESS ASSOCIATE ADDENDUM (the "Addendum"), by and between HSO, Inc., a Delaware corporation with its principal office and place of business at 14768 Pipeline Avenue, Chino Hills, CA 91709, USA ("HSO, Inc.") and the user named in the on-line registration form and the associated Application Terms of Service referenced in such Registration Form to which this Addendum is attached, is effective as of the Effective Date of the applicable registration.

RECITALS
You and HSO, Inc. are parties to one or more agreements (each such agreement, a "Covered Contract," and collectively, the "Agreement") pursuant to which HSO, Inc. provides certain services to you, and, in connection with those services, you may need to disclose to HSO, Inc. certain health information (the "Protected Health Information" as defined in 45 CFR §164.504), the purpose of this Addendum is to satisfy the requirements of the HIPAA Regulations, including, but not limited to, 45 CFR §164.504(e), as the same may be amended from time to time.

WHEREAS, HIPAA requires you and Business Associate to enter into an agreement to provide certain protections for the privacy and security of Protected Health Information (PHI) and HSO, Inc., as a recipient of Protected Health Information (PHI) from you, is a "Business Associate" as that term is defined in the HIPAA Regulations. Pursuant to the HIPAA Regulations, all of your Business Associates, as a condition of receiving Protected Health Information in the course of doing business with you, agree in writing to certain mandatory provisions regarding, among other things, the use and disclosure of Protected Health Information.

WHEREAS, Business Associate provides certain services (the "Services") to you pursuant to an agreement (the "Service Agreement"), and to do so Business Associate may receive, access, or create certain individually identifiable protected health information relating to your patients.

WHEREAS, such PHI is subject to privacy and security requirements under federal and state laws, and subject to protection under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Health Insurance Portability and Accountability Act of 1996, The Health Information Technology for Economic and Clinical Health Act of 2009, the American Recovery and Reinvestment Act of 2009, and certain regulations promulgated by the U.S. Department of Health and Human Services to implement certain provisions of HIPAA (herein "HIPAA Regulations" found at 45 CFR Parts 160-164) as well as the regulations and standards promulgated thereunder, as such statutes and regulations may be amended from time to time (collectively "HIPAA").

NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS
Capitalized terms not defined herein shall have the meaning set forth in HIPAA or the Identity Theft Red Flag Rules, as applicable.

"Disclose" or "Disclosure" mean the release, transfer, provision of access to, or divulging in any other manner, of PHI outside Business Associate's internal operations, or to individuals other than its employees.

"Use" or "Uses" mean, with respect to PHI, the acquisition, sharing, employment, application, utilization, examination, or analysis of such PHI within Business Associate's internal operations.

2. OBLIGAIONS OF BUSINESS ASSOCIATE
2.1 Permitted Uses and Disclosures of PHI. Business Associate shall Use and Disclose PHI solely as necessary to perform the Services, provided that such Use and Disclosure would not violate HIPAA if done by you and such Use or Disclosure is in compliance with each applicable requirement of 45 CRF § 164.504(e). Business Associate shall not Use or Disclose PHI for any other purpose, except that if necessary, Business Associate may Use or Disclose PHI for the proper management and administration of Business Associate or to carry out its legal responsibilities; provided that any such Disclosure by Business Associate is (a) required by law, or (b) Business Associate obtains reasonable written assurances from the person or entity to whom the information is to be Disclosed that such person or entity agrees to the same obligations, restrictions and conditions that apply to Business Associate under this Agreement.

2.2 Safeguards and Policies. Business Associate represents and warrants that it shall implement, maintain, and enforce appropriate written policies to ensure its ongoing compliance with: (a) the Administrative Safeguards, Physical Safeguards, Technical Safeguards, and policy, procedure and documentation requirements set forth under 45 CFR §§ 164.308, 164.310, 164.312, and 164.316; (b) all privacy or security-related requirements applicable to Business Associate under HIPAA; and (c) all other standards, implementation specifications, or other requirements applicable to Business Associate under HIPAA or this Agreement.

2.3 Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of HIPAA or this Agreement.

2.4 Reporting Security Incidents and Non-Permitted Use or Disclosure. Business Associate shall report to you any Security Incident and each Use or Disclosure that is made by Business Associate, its employees, representatives, agents or subcontractors, not specifically permitted by this Agreement. The initial report shall be made immediately by telephone call to you (and in no event later than forty-eight (48) hours from the time that Business Associate becomes aware of the non-permitted Use or Disclosure), followed by a written report to you no later than five (5) days from the date that Business Associate becomes aware of the non-permitted Use or Disclosure.

2.5 Availability of Internal Practices, Books and Records. Business Associate agrees to make its internal practices, books and record relating to the Use and Disclosure of PHI available to the Secretary of the U.S. Department of Health and Human Services ("Secretary"), in a time and manner designated by the Secretary, for purposes of determining your compliance with HIPAA.

2.6 Access to and Amendment of PHI. Business Associate shall, to the extent you determine that any PHI constitutes a "designated record set" under HIPAA, (a) make the PHI specified by you Entity available to the individual(s) identified by you as being entitled to access and copy that PHI, and (b) make any amendments to PHI that are requested by you. Business Associate shall provide such access and make such amendments within the time and in the manner reasonably specified by you.

2.7 Accounting of Disclosures. Upon request from you, Business Associate shall provide to you an accounting of each Disclosure of PHI made by Business Associate or its employees, agents, representatives or subcontractors as required by HIPAA. For each Disclosure that requires an accounting under this Section 2.7, Business Associate shall track and maintain the information subject to the accounting requirements for six (6) years from the date of the Disclosure.

2.8 Use of Subcontractors and Agents. Business Associate shall require each of its agents and subcontractors that receive PHI from Business Associate to execute a written agreement obligating the agent or subcontractor to comply with the terms of this Agreement.

2.9 Compliance with Red Flag Rules. Business Associate shall ensure that it remains in full compliance with the Identity Theft Red Flag Rules, promulgated under the Fair and Accurate Credit Transactions Act of 2003, 16 CFR Part 681, as may be amended (if and when such rules are enforced by the Federal Trade Commission and applicable to Business Associate) and will notify you as provided in Section 2.4 of any circumstance that suggest possible identity theft discovered in the course of providing Services to you.

3. MISCELLANEOUS
3.1 Term and Termination. The term of the Agreement shall be the same as the term of the Services Agreement. Upon a material breach of this Agreement by Business Associate, you shall provide Business Associate with thirty (30) days to cure the breach (the "Cure Period"). If Business Associate fails to cure the breach within the Cure Period, you may immediately terminate both this Agreement and the underlying Services Agreement. In the event that you determine that cure of the breach is not possible, you may immediately terminate this Agreement and the underlying Services Agreement without providing Business Associate with the Cure Period. Business Associate's obligations under Sections 2, 3.2, and 3.3 shall survive the termination or expiration of this Agreement.

3.2 Disposition of PHI Upon Termination or Expiration. Upon termination or expiration of this Agreement, Business Associate shall either return or destroy all PHI in the possession or control of Business Associate and its agents and subcontractors. If Business Associate determines that neither return nor destruction of PHI is feasible, Business Associate shall notify you as to the reasons that return or destruction is infeasible and Business Associate may retain PHI provided that Business Associate, (a) continues to comply with the provisions of this Agreement for as long as it retains PHI, and (b) further limits Uses and Disclosures of PHI to those purposes that make the return or destruction of PHI infeasible.

3.3 Indemnification. Business Associate (the "Indemnifying Party") agrees to indemnify, defend and hold harmless you and your respective affiliates, employees, directors, officers, subcontractors, agents or other members of you workforce (each of the foregoing hereinafter referred to as "Indemnified Party"), against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this Agreement or of any warranty hereunder or from any negligence or wrongful acts or omissions by the Indemnifying Party or its employees, directors, officers, subcontractors, agents or other members of its workforce. Accordingly, on demand, the Indemnifying Party shall reimburse any Indemnified Party for any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys' fees) which may for any reason be imposed upon any Indemnified Party by reason of any suit, claim, action, proceeding or demand by any third party which results from the Indemnifying Party's breach hereunder. The Indemnifying Party's obligation to indemnify any Indemnified Party shall survive the expiration or termination of this Agreement for any reason.

3.4 Amendment to Comply with Law. The parties acknowledge that state and federal laws relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide for procedures to ensure compliance with such developments. In the event that you and Business Associate are unable to reasonably agree to the terms of any such amendment, you may terminate this Agreement and the underlying Services Agreement upon thirty (30) days written notice.

3.5 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement.

3.6 Modification of Agreement; Counterparts. No alteration, amendment, or modification of this Agreement shall be valid or effective unless in writing and signed by Business Associate and you. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original.

3.7 Non-Waiver. A failure of any party to enforce at any time any term, provision or condition of this Agreement, or to exercise any right or option herein, shall in no way operate as a waiver thereof, nor shall any single or partial exercise preclude any other right or option herein. In no way whatsoever shall a waiver of any term, provision or condition of this Agreement be valid unless in writing, signed by the waiving party, and only to the extent set forth in such writing.

3.8 Interpretation; Relationship to Services Agreement. Any ambiguity in this Agreement shall be resolved to permit you to comply with HIPAA. In the event that a provision of this Agreement is contrary to a provision in the Services Agreement, the provision of this Agreement shall control. Otherwise, this Agreement shall be construed under, and in accordance with, the terms of the Services Agreement.

3.9 Notices. Any notices required or permitted to be given hereunder by either party to the other shall be given in writing: (1) by personal delivery; (2) by electronic facsimile with confirmation sent by United States first class registered or certified mail, postage prepaid, return receipt requested; (3) by bonded courier or by a nationally recognized overnight delivery service; or (4) by United States first class registered or certified mail, postage prepaid, return receipt requested, in each case, addressed as set forth below, or to such other addresses as the parties may request in writing by notice given pursuant to this Agreement. Notices shall be deemed received on the earliest of personal delivery; upon delivery by electronic facsimile with confirmation from the transmitting machine that the transmission was completed; twenty-four (24) hours following deposit with a bonded courier or overnight delivery service; or seventy-two (72) hours following deposit in the U.S. Mail as required herein.

HSO Privacy Policy

Hoya Surgical Optics, Inc., a Delaware corporation (collectively, together with its global affiliates, 'HSO'), is committed to maintaining the privacy and accuracy of your personal information and to protecting such information from loss, misuse, unauthorized access, alteration and destruction. This Privacy Policy applies to all HSO Web sites (the "Web sites"). To the extent local laws provide for additional protections beyond those provided by this Policy, HSO will endeavor to comply with such laws at all times. The HSO Web sites principally are designed for the benefit of its customers, and seek to furnish information that may be of interest or use to them.

Please read this Privacy Policy carefully to understand how your personal information will be treated as you make full use of our Web sites. This Privacy Policy may change from time to time, so please check back periodically. Feel free to contact us with any questions or comments regarding our privacy practices.

Control Over the Collection and Use of Personal Information

HSO wants to give you as much control as possible over information that personally identifies you ("Personal Information"). In general, you can visit our site without telling us who you are or revealing any of your Personal Information. There are times, however, when we may need this information from you. This includes when you (1) create a user identity/account online, (2) purchase products or request information to be sent to you, (3) request details about participating doctors, (4) contact us about our products or services, or (5) utilize services on HSO Web sites.

You may always opt-out, or choose not to submit your Personal Information, but this may limit your access to certain services and/or areas within various HSO Web sites. For those who do submit Personal Information, the data is available for review, revision or removal at any time. This can be accomplished by contacting us within this site or at the following address:

Hoya Surgical Optics, Inc.
14768 Pipeline Avenue
Chino Hills, CA 91709

Personal and Non-Personal Data

Personal Information is data that can identify you as a unique user such as name, address, telephone number or e-mail address. We collect Personal Information only where we have first requested it from you and/or you have voluntarily submitted it to us via any of our Web sites. We may use the information to respond to your requests, improve our level of service and the content of our Web sites, or for monitoring usage of our Web sites.

We also automatically gather certain Non-Personal Information about the usage of our site such as the total number of visits to our Web sites, the number of visitors to each page of our Web sites, and the domain names of our visitors' Internet service providers. We use this information, which remains in aggregate form, to understand how our visitors use our Web sites so that we may improve the online experience and better facilitate your visit to our Web sites. We do not connect this non-personal data to any Personal Information we collect from you.

How HSO Uses Collected Information

We will use collected Personal Information to reply to your requests and inquiries, to process account applications, to service accounts, and to assist with questions about membership, billing, or use of our products or online services. Collected data will generally be kept at our headquarters in Chino Hills, CA, U.S.A. It may in the course of internal use be shared with the offices of our wholly-owned HSO affiliate in your country of residence, as applicable.

We may collect Personal Information from you, such as contact information, demographic information (i.e. your zip code) or information regarding your opinion of a product or service, via online surveys or related research tools. This may be used by HSO to better provide you with information and services that you requested or may find useful.

We also may use your Personal Information to provide you with updated information on HSO products and services, to alert you to special product and service offerings, or to engage in other targeted marketing activities.

You may elect not to have your Personal Information used for any of these purposes ("opt-out") by notifying us at the address listed above or by contacting us via the Web site. Where applicable, you also may opt out by checking the box that indicates, "Check here if you do not want Personal Information disclosed or used." In certain cases where appropriate or required by local law, we first may ask for your consent ("opt-in") before communicating with you.

Collection and Use of Non-Personal Information

Our Web services automatically gather certain non-personal information about the usage of our sites. We collect this Non-Personal Information only on an aggregate basis and we may analyze such data for trends and statistics in the aggregate and without any link to personally identifiable data.

The following collective data, which is used for internal purposes, may help us improve your online experience:

Cookies

To enable us to provide customized and personalized services, we may use cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer. Cookies, by themselves, do not tell us any personally identifiable information about you. However, if you choose to furnish the site with personally identifiable information (i.e. your e-mail address), that information could be linked to the data stored in the cookie.

You have the ability to accept or decline cookies by modifying your browser settings. Please refer to your Internet browser's instructions or help screen to learn more about these functions. If you choose to decline cookies, you may not be able to fully experience the features of this Site or other Web sites that you may visit.

IP Address Tracking

Depending on your Internet connection, you may have a static or dynamic IP address that is assigned to your computer by your Internet service provider. This Internet Protocol (IP) address identifies you through a set of numbers that may (dynamic) or may not (static) change each time you log on. HSO may collect IP addresses for the purposes of systems administration and site audits for usability. We do not ordinarily link a user's IP address to personally identifiable information of that user, meaning that each user's session will be logged, but the user remains anonymous. However, we may use IP addresses to identify users of our site when we feel it is necessary to enforce compliance with the site's terms of use, or to protect our service, site or other users.

Visitation and Login Tracking

We may track the total number of visitors to our Web sites, the number of visitors to each page of our Web sites, and the number of visitors that logs in to visit certain areas or utilize certain functionality of our Web sites. Such information is not linked to any personally identifiable information that can identify any individual person. We may share this information in aggregate form with corporate partners and/or third party vendors for analysis of the current uses of the HSO Web sites and to assist in future Web site development and operating of our Web sites.

Security of Data Collected

HSO takes very seriously its responsibility to keep your Personal Information, including any your personal financial and health-related information, private. With all such data being stored at our corporate headquarters in Chino Hills, CA, U.S.A., we take all reasonable steps to protect your Personal Information through the use of technologies and processes such as access control procedures, network firewalls and physical security. These technologies and methods increase the security and privacy of information traveling to, from and within our Web sites.

We also safeguard Personal Information from unauthorized access. Only authorized HSO employees or agents carrying out permitted business functions are permitted to access Personal Information. Employees who violate HSO's privacy access policies are subject to disciplinary actions, including termination when appropriate. HSO has implemented Secure Socket Layer (SSL) technology to protect the transmission of your personal information via the Internet. This technology encrypts the information prior to transmission over the Internet between your computer and our servers. While HSO has implemented SSL technology for some purposes, we cannot guarantee the privacy of all transmissions to and from our Web sites.

Sharing Collected Data

Generally, collected data will be stored at our headquarters in Chino Hills, CA, U.S.A. and it may be shared with offices of our wholly-owned HSO affiliates in your country or other countries as applicable. This includes Personal and Non-Personal Information as defined above.

We may share Personal Information and/or Non-Personal Information in aggregate or partial form with HSO's wholly-owned affiliates, corporate partners and/or third party agents for analysis of the current uses of the HSO Web sites, to assist in future Web site development and operating of our Web sites, and to furnish information to you about HSO products and services.

We also may disclose Personal Information when required to do so by law or when such action is necessary or appropriate (a) to conform to the edicts of the law or comply with legal process served on HSO, (b) to protect and defend the rights or property of HSO, or (c) to protect the personal safety of users of our Web sites. We reserve the right to contact the appropriate authority at our discretion when it appears that activities that are illegal or violate HSO's terms of service are taking place within the context of a member account.

HSO is a global company and your Personal Information may be transferred across international borders. It may be transferred to countries that have different levels of data protection laws to the country from where you submitted your Personal Information. We make all reasonable efforts to maintain security of such Personal Information both during transit and at the final destination.

Fraudulent Email and HSO's Concern for Your Protection

There have been cases of emails sent to individuals or organizations falsely purporting to be from HSO or a brand of HSO. These are scam emails, and will sometimes ask you for information such as a password or user ID and even sums of money in return for more money or other benefits, such as winning an HSO competition or promotion in return.

These emails sometimes look quite convincing, with an HSO or HSO brand logo, or coming from an email address that looks as if it could be from HSO

In any case, these emails are false and are not at all associated with HSO itself or any partner organizations; therefore we strongly suggest that you make sure of the authenticity of such mails (or any other communication) before sending any reply. Be suspicious of any email that asks for personal information or requests your authentication. HSO further strongly suggests that you do not send money or any other information; it is simply not HSO policy to ask for money or other information in return for winnings, prizes, job interviews or any sort of registration.

If you are worried about an email that you have received, please contact us to help us to become aware of those incidents and take action against these people. You may also inform or ask your internet service provider for advice or help.

The Privacy of Children

We currently do not knowingly collect or use Personal Information from children or minors, as those terms are defined or understood under the local laws where a Web site user resides, and we will not do so in the future without first obtaining verifiable consent from a parent or legal guardian. Should a user whom we know to be a child or minor as defined by local applicable laws send Personal Information to us, we will only use that information to respond directly to that child, seek parental consent or provide parental notice.

Practices of Third Party Web Sites

HSO is not responsible for the data collection, use practices or content found on the third party sites of merchants and other companies to which HSO's Web sites may link, nor are we responsible for the data collection and use practices of those Web sites that link to HSO Web sites.

Links To and From HSO Web Sites

HSO provides links to various Web sites for your convenience. HSO does not monitor content on Web sites to which is links for accuracy and shall have no responsibility or liability for the content contained on these sites. HSO does not monitor content on Web sites linking to HSO Web sites.

HSO does not require requests for, nor provide consent for, links to its Web sites. Links to HSO Web sites must be in accordance with HSO's Linking Policy. In turn, HSO does not request permission to link to Web sites except where expressly requested by the owner of those Web sites.

HSO reserves the right to demand the removal of links to its Web sites at any time for any reason and also responds to requests to remove links from its Web sites. Such requests should be sent through the contact us form on the corporate HoyaSurgOpt.com Web site and must indicate the link, where the link was found, the reason for the request and the authority of the requestor to make the request. This authority must include direct ownership of the Web site in question.

Consent and Agreement

By using the HSO Web sites, you signify your agreement to the terms and conditions of this Privacy Policy. If you do not agree to these terms and conditions, please do not disclose any Personal Information to the HSO Web sites. If you have any questions or comments about our use of Personal Information or about this Privacy Policy, please contact us via this Web site or at the address listed above. HSO will use reasonable efforts to promptly investigate any complaint you may have regarding our use of Personal Information and to comply fully with the legal and regulatory supervisory authorities responsible for enforcing our adherence to the privacy principles stated above.

Changes to Policy

This Privacy Policy may be revised periodically. By using HSO Web sites, you acknowledge our right to change this Policy, without prior notification. We recommend that you visit our Policy regularly so that you are aware of any changes made to this Policy.

HSO Web Site Linking Policy

Hoya Surgical Optics, Inc, (HSO), and its affiliates (collectively, "HSO") permits links to its Web sites, provided that such links do not improperly represent an endorsement by or affiliation with HSO or any of its products, or otherwise adversely impact HSO, and provided that you act pursuant to the terms below. It is not required that you submit a request to link to any of HSO's Web sites.

By linking to any page on any of HSO's Web sites, you hereby agree to abide by the HSO Legal Terms of Use, as well as the terms and conditions below:
  • Links must be text-based and use appropriate company names, domain names, logos, or trademarks with accompanying notice and descriptive words, such as: "HSO, Inc.", "HSO ", www.Hoya SurgOpt.com, www.TryiSert.com, "iSert™", etc. (the "Licensed Marks"). Subject to the terms and conditions set forth herein, HSO grants you a non-exclusive, personal, worldwide and royalty-free right to use the Licensed Marks for the purpose of establishing a hyperlink in accordance with these terms and conditions and for no other purpose. Except as expressly provided herein, HSO does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. Your use of the Licensed Marks shall comply with HSO's standards and guidelines, and HSO shall have the right to inspect your use of the Licensed Marks. All goodwill arising from the use of the Licensed Marks shall inure to the benefit of HSO
  • You may not use HSO logos as a link unless you also provide a text link incorporating a Licensed Mark below the graphic logo (e.g., Hoya Surgical Optics; or www.HoyaSurgOpt.com).
  • By linking, you acknowledge and agree that, other than as set forth herein, all rights to the Licensed Marks, other HSO marks, the content appearing on the HSO Web site and the design of the HSO Web site belong to HSO, Inc.
  • You may not create a border environment (e.g., frames) around HSO Web pages or use other programming techniques that alter in any way the visual presentation or appearance of HSO's Web site.
  • You may not modify the content presented on the HSO Web site(s), or interrupt or attempt to interrupt the function of the Web sites in any way. You may not republish the content presented on any HSO Web site without HSO's written permission.
  • You must not misrepresent your relationship with HSO or present false or misleading impressions about HSO No links to HSO's Web site may be used in a manner that implies or suggests that HSO approves or endorses you, your Web site or your goods and services (in all cases, except as HSO may have agreed separately with you in writing).
  • HSO shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend HSO against all claims arising out of or based upon your Web site.
  • You may not link to any HSO Web site from any page within your Web site that recommends or discusses the use of any HSO product in a manner that has not been approved by your local country's regulatory body or medicines authority, such as the United States Food and Drug Administration.
  • You may not link to HSO Web sites if your Web site contains material that could be construed as libelous, distasteful, offensive, harassing, obscene or criminal; or that infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
  • HSO may at any time, in its sole discretion, without cause, revoke your right to use the Licensed Marks and your right to link to any pages on the HSO Web site. In such event upon request, you agree to immediately remove all links to HSO's Web site and to cease using the Licensed Marks.
If you have questions about this policy or links that you are considering, please contact us. HSO, reserves the right to change this linking policy at any time. Changes will be posted on this page.

Accessibility Statement

HSO is committed to making our Website broadly accessible to all users, including those with low vision and other disabilities. For guidance, we look to the accessibility best practices and standards in effect today.

We continually strive to improve the accessibility of our site. Our processes require pages to meet a set of accessibility guidelines which include:
  • All links to external Websites will open in a new browser window. Pressing Ctrl + W in Windows or Command + W on a Mac will close the new window.
  • Hidden links which allow the users to skip navigation links in order to get quickly to the main content of the page as well as the site's global search tool.
  • Proper markup for identifying the page headings.
  • Providing text equivalents for images.
  • Supporting browser settings for enlarging text and user style sheets. Refer to your browser's help section for instructions on how to enlarge text.
  • Using consistent navigation mechanisms and style of presentation throughout the site.
  • Providing text transcripts for all Flash content.
  • Keyboard navigation of web pages:

    Windows - press the Tab key to move forward through images, links and form fields; press the Shift + Tab keys to move backwards through the same.
    Mac – in Safari press the Option + Tab keys to move forward through images, links and form fields; press the Option + Shift + Tab keys to move backwards through the same.
Several documents on HoyaSurgOpt.com are available in Portable Document Format (PDF). This ensures that the publication is shown in its original format, independent of a users' browser, computer or device. These documents are most commonly read with Adobe Reader, a free PDF viewer. Please refer to Adobe's article on how to read PDF content for additional information.

JavaScript is used sparingly on the HSO Website. All content sections are equally accessible whether or not your browser supports JavaScript or whether or not JavaScript is enabled.

If you encounter an accessibility problem while accessing HSO's Website, please contact us about the problem.

Copyright © 2011 Hoya Corporation