ista Incorporated Website Terms of Use and Privacy Policy

BY USING THIS WEBSITE, YOU ARE ACCEPTING THESE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

1. Changes
Please check these terms of use frequently, as we may occasionally unilaterally change the terms of use by revising the language contained on this page. The most current terms of use will always be available for you on this page.  Amendments to the terms of use are effective at the time they are posted on this page, and your continued use of this website will constitute your acceptance of such amendments.

2. Right to Use
We reserve the right to modify or discontinue any component of this website or any of these terms of use. We expressly reserve the right to terminate your right to use this website. 

3. User Accounts 
You are responsible to safeguard your ista account information and agree to hold ista harmless from any claims resulting from the improper use of your account information. 

4. Copyright 
All content included on this site, including software, graphics, and logos is the property of ista North America North America Incorporated ("ista") or its content suppliers and is protected by applicable copyright laws.

5. Trademarks
"ista" and other marks indicated on this site are registered trademarks of ista, or its subsidiaries, in the United States and other countries. ista's trademarks may not be used in connection with any product or service that is not ista's, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages ista. 

6. License 
ista grants to you a limited license to access this website and not to download or modify any portion of it, except with the prior express written consent of ista. This license does not induce any resale or commercial use of this website or its contents. No portion of this website may be reproduced, resold, linked or otherwise exploited for any commercial purpose without the express written consent of ista. Any unauthorized use terminates this license.

7. Disclaimer of Warranties
This website and any content on the website are made available on an "as is" and "as available" basis. ista does not warrant that the website or any content or service provided in connection with the website will be timely, error-free, uninterrupted, secure, or that defects will be corrected. ista will not be responsible for any errors, omissions, interruptions, defects, deletions or delays in the operation or transmission of the website or any services or content, or for computer viruses associated with the operation of the website. ista makes no warranty regarding any information made available through the website. ISTA MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. No ista employee, representative, agent or third party is authorized to make any warranty not expressly made herein. ista makes no warranty as to the amount of time before your ista account is credited with a payment made on this website.

8. Limitation of Liability
Neither ista, nor its subsidiaries, affiliates, officers, directors, employees, successors or assigns will be liable to you or to any third party for any indirect, consequential, incidental, exemplary, special or punitive damages (including without limitation damages resulting from lost profits, lost revenue, last data, or substitute costs) arising out of or in connection with this website or the services available on or through this website, regardless of whether such parties have been made aware of the possibility of such damages.  CERTAIN STATE LAWS DO NOT ALLOW FOR THE LIMITATION OF IMPLIED WARRANTIES OR FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY IN YOUR STATE OF RESIDENCE, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. Miscellaneous ista operates this website out of its headquarters in San Diego, California. If you use this website from other locations you are responsible for compliance with all applicable local laws and regulations. These terms of use will be governed by the substantive laws of the State of California, regardless of where you reside or transact business with ista.  Use of this website will be deemed to take place solely in California. You agree that the district court located in San Diego, California will have the exclusive jurisdiction over any and all disputes arising out of or relating to these terms of use of our use of this website and that you will submit to the jurisdiction of such court. The prevailing party in any dispute will be entitled to reasonable attorney's fees and costs.

ista is committed to protecting your privacy at all times. We do not share your information with outside companies for the purposes of selling their products and services to you. We maintain security standards and procedures designed to protect your account and personal information and we will continue to test and update our technology to improve the protection of your information.

1. Security
ista has taken steps to ensure the security of all data we collect on www.ista-na.com. ista has taken proactive measures to protect against the loss, misuse, and alteration of the information under our control. ista employs encryption technology, protecting data at each point of transfer. To ensure that your credit card and personal information is even more secure, once we receive your credit card information, we store it on a serve that isn't accessible from the Internet.  However, in the unlikely event that you are subject to fraudulent charges, remember to immediately notify your credit card provider in accordance with its reporting rules and procedures.

2. Integrity
At ista, we utilize redundant systems (i.e., backup systems) to reduce the chance of data loss. ista also uses computer virus detection and eradication software on systems containing computer data. Firewalls are also employed to prevent unauthorized computer entry into systems containing your private information.

3. Personal Information
ista does not release your personal, account or credit card information to any entity other than the credit card service providers involved in the processing of your payments. Apart from this, ista only discloses your personal or account information in the good faith belief that ista is required to do so by law, or that doing so is reasonably necessary to:

a) comply with legal process;
b) respond to any claims; or
c) protecting the rights, property or personal safety of ista, its customers or the public.

4. Information Collected
When you make payments online at www.ista-na.com, we need to know your billing address, e-mail address, apartment complex (or mobile home community, condominium, etc.), account number, phone number, credit card number and credit card expiration date. This allows us to process your payment and credit your account. Credit card transactions are handled by a third-party financial institution, which receives credit card numbers and other personal identifying information only to verify the credit card numbers and process transactions.

5. Your Information
You are always entitled to have access to the information you submitted on www.ista-na.com. Please contact our customer service department to obtain past information regarding payments, credits, charges, etc.