USE RESTRICTIONS
The following terms and conditions govern the sale of products by Kowa Optimed, Inc. (KOWA) to the Customer on orders for optics and optics-related products sold in the United States. By accepting delivery of the products described on the shipping documents, Customer agrees to be bound by and accepts these terms and conditions. KOWA reserves the right to change these terms and conditions without prior written notice at any time, in KOWA’s sole discretion.

HOURS OF OPERATION
If you would like product and pricing information, our KOWA Telesales team is available to assist you at 1-310-327-1913. For order status information or other assistance with an order you have already placed with the KOWA e-Store, please contact KOWA Sales Support by phone at 1-800-966-5692 between the hours of 8:30 a.m. and 4:30 p.m. PST/PDT, Monday through Friday.

U.S. SALES ONLY
The KOWA e-Store sells and ships products only within the continental United States, Alaska and Hawaii. No shipments can be made to APO or FPO addresses, post office boxes, United States territories or addresses outside the United States. You may not export any products purchased at the KOWA e-Store.

SALES TO END USERS ONLY
The KOWA e-Store sells and ships products to end-user customers only.

PAYMENT METHODS
Credit Card
You may pay by credit card no matter which ordering method you use (Internet or phone). At the time your order is placed, KOWA obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships.

KOWA e-Store accepts Visa, MasterCard and American Express cards.

PLEASE NOTE:
- We are unable to accept credit cards issued by banks outside of the United States.
- Debit cards and check cards have daily spending limits that, if exceeded, may substantially delay the processing of your order.

Credit Card Security Codes
The KOWA e-Store requires the credit card security code for your card for any telephone or online purchase. The credit card security code is an individual three- or four-digit number specific to your credit card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card on the signature panel (if Visa or MasterCard). Asking for and confirming your credit card's security code helps validate that you - and only you - are in the possession of your credit card and protects you from unauthorized use of your account.

SALES TAX
P urchases from KOWA will include sales tax based on our shipping address and the sales tax rate in effect at the time your order is placed. If you phone in your order, the KOWA sales representative will provide an estimated dollar total of your order, including tax and any applicable shipping charges, at the time you place your order. If the sales tax rate for our address which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received in our system will apply. The proof of purchase that KOWA mails to you will include any applicable sales tax.

TAX-EXEMPT ORDERS
If your order is being placed on behalf of a tax-exempt organization or individual, please call KOWA Sales Support at 1-800-966-5692. Be prepared to provide proof of state tax-exempt status for the state where the product is being shipped. The organization or individual name on the order must exactly match the state tax-exempt certificate. Federal tax exemption certificates are not accepted.

SHIPPING OPTIONS
KOWA exclusively uses UPS for shipment of its products. Kowa’s standard method of shipping is via UPS Ground and is included in the price of the products. Expedited shipping is available for an additional charge. We offer 3 convenient shipping options:

• UPS Ground: Products shipped via standard service are normally delivered within five to ten business days after shipment. Ground service is not available for products shipped to Alaska or Hawaii.
• UPS 2-Day Shipping: For an additional charge, we offer this expedited shipping option on most of our products. Products shipped via two-day service prior to 2:00 p.m. PST/PDT are normally delivered by 4:30 p.m. local time two business days after shipment. This is the only service available for shipments to Alaska and Hawaii. This option is available for an additional charge of $20.00.
• UPS Next Day Delivery: For an additional charge of $30.00, we offer this expedited shipping option on most of our products. Products shipped prior to 2:00 p.m. PST/PDT via overnight service are normally delivered by 3:00 p.m. local time one business day after shipment. Overnight delivery is not available for orders shipping to Alaska and Hawaii.

Signature is required for delivery: Most of our shipments contain valuable equipment. If you will not be at the shipping address to accept delivery of your product, consider shipping the item to an address where someone you trust will be available to sign for your package. Please note that we are not able to adjust the shipping address once a package has left KOWA's warehouse. Title and risk of loss to all products will pass to you on shipment from our warehouse.

Undeliverable Packages: Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, please contact us to make arrangements for reshipment.

Failed Delivery Attempts: Most of our carriers make three attempts to deliver a package. After three delivery attempts, the package will be returned to us.

ORDER PROCESSING
The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. Payment processing will not begin until we receive all the information we need and full payment, or a full authorization in the case of credit card and lease orders.

Orders placed on the weekend or on a holiday will begin payment processing the next business day.

Orders for in-stock items that are eligible for same-day shipping must be received before your local time of 2:00 p.m., pending payment processing. Orders placed on the weekend or on a holiday will begin payment processing the next business day. Unanticipated changes in supply can affect product availability. Business days are Monday through Friday, excluding federal holidays.

Please review the Product Availability section below for more information regarding order processing and product availability times.

PRICES
Your total order price will include the price of the product (on the day of shipping) plus any applicable sales tax and shipping charges. KOWA reserves the right to change prices for products at any time, without notice.

PRODUCT AVAILABILITY
Order lead time is the length of time it will take us to validate your credit card, assemble the right products and package your order. Shipping time is the length of time it will take for the package to travel from our warehouse to your shipping address.
KOWA makes every effort to ship your product according to the estimated lead times provided by KOWA at checkout. The estimated lead times are in business days (Monday through Friday), excluding Federal Reserve holidays. Lead times will begin the following business day for orders placed and credit cleared after 2 p.m. PST/PDT. Lead times quoted on the checkout page are for orders that are partially shipped - meaning items ship as soon as they are available. If you have requested a complete shipment, please add 3-4 additional days for transportation and order consolidation processing.

Although every effort is made to ship your order according to the lead time provided, shipping dates may change due to changes in supply. If the lead time changes, KOWA will contact you via email and provide a revised shipping estimate.

KOWA endeavors to stay at the forefront of technological advancement. For this reason, KOWA reserves the right to discontinue products without notice.

PROOF OF PURCHASE
KOWA will send you a confirmation of your order via email if you have included an email address with your order. If you have not included an email address, you will receive a confirmation of your order by regular mail when your order is shipped.

PRODUCT WARRANTY
All KOWA products, including clearance and refurbished products, carry a Limited Warranty against defects in materials and workmanship. This limited warranty does not apply to batteries, bulbs, filters or any disposable items for medical products. You may review a copy of the Limited Warranty on new products, including its limitations and exclusions, before you purchase any item.

Non-KOWA-Branded/Third-Party products are sold "AS IS" by the KOWA Store, but may be accompanied by their respective manufacturers' standard warranties. "AS IS" products are sold by KOWA as is, where is, and with all faults, and without express or implied warranty from KOWA, including any warranty of merchantability or fitness for a particular purpose. If you have questions about any manufacturers' warranties that accompany such products, please contact the manufacturer directly.

Note: Products sold through this Web site which do not bear the KOWA brand name are serviced and supported exclusively by their respective manufacturers in accordance with any terms and conditions packaged with the products. KOWA's Limited Warranty does not apply to products that are not KOWA-branded, even if packaged or sold with KOWA products. Please contact the manufacturer directly for technical support and customer service.

RETURN & REFUND POLICY
The Kowa E-Store will accept for return or exchange defective or unopened merchandise purchased at the Kowa E-Store, subject to the exceptions and time frame for returns listed below.

Shipping Instructions for Returns /Exchanges If you are not satisfied with your purchase of a KOWA product, please call 1-800-966-5692 for a Return Material Authorization (RMA) request within 14 calendar days of the receipt of the product. If the item is returned unopened in the original box, we will exchange it or offer you a refund based on your original method of payment. The product must be returned to the KOWA warehouse within 10 calendar days of the issuance of the RMA. Return shipping charges are non-refundable. The RMA number must be written clearly on the outside of the shipping package. Returns made without a RMA number will be refused. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product. Customer agrees to allow Kowa Optimed, Inc. to deduct from any credit applicable for such returned product a 10% open box fee on any opened product or accessory. We will not accept any returns or exchanges after the Return Period.

• NOTE: KOWA recommends that you ship the products you are returning via FedEx, UPS or other delivery service that provides tracking information and insurance, since the Kowa E-Store will not be responsible for packages lost or damaged in transit to the Kowa E-Store.

Dead on Arrival (DOA) Product: System Failure Out of the Box
A KOWA-branded hardware product is considered DOA if it shows symptoms of a mechanical failure, preventing basic operability, upon its first use out of the box. If you believe that your product is DOA, please call KOWA Technical Support at 1-800-966-5692 within 30 calendar days of the invoice date. KOWA Technical Support will determine whether the product is DOA and offer you the following options:

• Replacement: The same product that you ordered will be shipped to you at KOWA's expense. KOWA Technical Support will put you in touch with a KOWA Customer Support Representative to set up a replacement order and provide the procedure for returningthe DOA product.
• Service: You may have the product repaired; however, once serviced, the product is no longer eligible for replacement.

Product must be deemed DOA by KOWA Technical Support within 30 calendar days of the invoice date in order to receive a replacement unit.

• DOA Terms and Conditions
• This DOA policy applies only to KOWA-branded hardware products. This DOA policy does not apply to third-party products that do not bear the KOWA brand name. You may call the manufacturer directly with any third-party product issues.
• If the product is deemed DOA by KOWA Technical Support, but you first contacted us more than 30 calendar days after the invoice date, KOWA's standard product warranty will apply.
• If the product is deemed by KOWA Technical Support NOT to be DOA, KOWA's standard product warranty will apply.
• Shipping will be arranged at KOWA's expense for all products determined by KOWA Technical Support to be DOA.

KOWA reserves the right to test returned DOA product. If the condition of the product is misrepresented by the customer, KOWA may impose a $250.00 special handling fee.

DEFECTIVE ITEMS
KOWA Branded Products
If you discover what you believe is a product defect for any KOWA-branded product, please contact KOWA Technical Support at 1-800-966-5692. Such a defect, if any, is covered under the terms of your product's warranty. Please refer to the warranty information and other supporting documentation that came with your product.

Non-KOWA Branded/Third-Party Products
If you discover what you believe is a product defect for any third-party product, please contact the manufacturer directly for information regarding the manufacturer's warranty.

Note: Products sold through this web site that do not bear the KOWA brand name are serviced and supported exclusively by their respective manufacturers in accordance with terms and conditions packaged with the products. KOWA's Limited Warranty does not apply to products that are not KOWA-branded, even if packaged or sold with KOWA products.

OTHER TERMS AND CONDITIONS

• KOWA is not responsible for typographical errors.
• KOWA reserves the right to change the terms and conditions of sale at the KOWA Store at any time, without notice.
• All sales at the KOWA e-Store are governed by California law, without giving effect to its provisions of conflicts or choice of laws.
• No KOWA employee or agent has the authority to vary any of the KOWA e-Store's policies or the terms and conditions governing any sale.

PRIVACY POLICY
At Kowa Optimed, we respect your privacy. We want to maintain your confidence in our handling of any data and information that is collected during your visit to our web site. We have developed and provided this Privacy Policy to inform you of our practices and policies regarding the collection, use, maintenance, and disclosure of your personal data and information.

We are committed to providing you with adequate information so you can make an informed decision whether to visit our web site and whether you wish to voluntarily provide any personal data or information, e.g., your name, e-mail address, telephone number, etc. Our Privacy Policy is described in the following sections.

We also review data and information contained in log files located on our web server, which record the date and time of each visit to our web site, the user's IP (internet protocol) address, the referring IP address or domain (the prior web site visited), and the files viewed on our web site (including HTML pages, graphics, etc.). We use log file information to analyze data in the aggregate to determine the trends and usage of our site. We can not correlate the log data to identify specific users.

We do not, and will not, disclose, sell, rent or share any information derived from log files with any third parties other than to Affiliates, or as otherwise stated in this Privacy Policy.

If you register for or enroll in a promotion or service through our web site, make purchases from our on-line offerings, respond to a request for information or make any other on-line request of us, you will be voluntarily providing personally identifiable information. If you do not agree with this Privacy Policy, we ask that you please do not provide the requested information. You may nevertheless continue to use most of our web site, subject, however, to the collection of information through cookies and log files as discussed above. If you have previously provided personally identifiable information by registration through our web site, you may request to be removed from our active database of mailing lists (see the discussion below).

Voluntarily provided information is used to send you announcements of new products, updates, and promotional information, as well as to provide the services or goods that you request and give you better customer service. We share personally identifiable information with our Affiliates, as well as with our third-party business partners, sales representatives and distributors (collectively, "Partners") who may provide the requested goods or services to you directly or otherwise contact you directly. Moreover, we rely on various third-party service companies ("Service Companies") to provide certain services (e.g., shipping, credit card billing) for which it is necessary to provide users' personally identifiable information.

We do not, and will not, disclose, sell, rent or share any personally identifiable information received as a result of enrollment, registrations or e-commerce transactions on our web site with any third parties, other than our Affiliates, Partners, Service Companies, or as otherwise stated in this Privacy Policy.

Please note that although we may seek to require that Affiliates, Partners, and Service Companies use information regarding our users only in the ways permitted by this Privacy Policy, we do not control and are not responsible for their privacy practices, or those of any other party.

Our Internet Service Provider (ISP) also collects certain information about your visit. It is the same information contained in a log file that we collect and analyze, i.e., the date and time of the visit, the user's IP (internet protocol) address, the referring IP address or domain, and the files viewed on our web site (including HTML pages, graphics, etc.). In addition, our ISP has access to back-up files containing the personally identifiable information that you voluntarily provide (even if your input fails). The ISP does not disclose, share, release, publish, disseminate, rent, or sell any personally identifiable information to any third parties, but does use the log files to analyze data in an aggregate form, which is not personally identifiable information.

Through our web pages, you may connect to third parties' web sites via hyperlinks, and the connections may or may not be obvious. We are not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. We encourage our users to be aware of the varied privacy policies of web sites that they visit.

We maintain and review e-mail correspondence that you send to us. We will use (and maintain in a file specific to you) the personally identifiable information disclosed in the e-mail. Because such correspondence contains information that is not transmitted through the operation of our web site, it is not subject to the terms of this Privacy Policy.

In addition to disclosures to our Affiliates, Partners, and Service Companies, and regardless of anything in this Privacy Policy to the contrary, we may disclose personally identifiable information, with or without prior notice to you, when we believe that the law requires it, in response to subpoenas or at the demand of governmental agencies, to protect our systems or business, to protect other visitors to the web site, or to respond to an emergency. If you partake, or we reasonably suspect you of partaking in any illegal activity we may also disclose your personally identifiable information, even without a subpoena, warrant or court order. We may also make disclosures of your personally identifiable information with your affirmative consent.

Although we use reasonable efforts to maintain the privacy of your personally identifiable data and information, due to technological limitations, and the risk of unlawful interceptions and accessing of transmissions and/or data, we cannot completely assure you, and you should not expect, that your personally identifiable data and information, and any other electronically communicated information, will be absolutely confidential.

For all e-commerce transactions, we use industry-standard commercial encryption technology to protect the data and information that you transmit to us via our web site. Although this technology is not flawless, we believe that it provides reasonable protection for your data and information. We will endeavor to update our protective devices as encryption technology develops further.

Once received, personally identifiable information is protected from outside Kowa Optimed by "firewalls," and access within Kowa Optimed is generally limited to the sales, marketing, and information technology departments. We also seek to require our Affiliates, Partners and Service Companies to exercise reasonable efforts to maintain the confidentiality of your information.

You have the right, at any time, to review and/or modify any of your personally identifiable information that you provide during registration, or any other voluntarily provided information. You may also remove yourself from our active databases of e-mail lists. To do so, you should send an e-mail to unsubscribe@kowa.com requesting that you be removed from our databases of active e-mail lists. We will endeavor to comply with your request as soon as reasonably possible. To protect your confidentiality, we can only send a requested profile to the e-mail address listed in the profile. In any event, our back-up files will maintain copies of your personally identifiable information. We reserve the right to contact former customers or users of the web site from time to time.

We reserve the right to transfer any and all information that we collect from our visitors to a third party in the event that we sell or transfer substantially all of our assets related to the web site to such third party.

Due to changing technological and marketing demands, we must reserve the right to change our policies regarding the privacy of your personally identifiable information in the future. If that happens, we will endeavor to promptly update this Privacy Policy. We may also attempt to provide a message to our customers whose e-mail addresses we have, in conformity with this Privacy Policy, advising of any such change(s). Your continued use of the web site following changes to this policy will indicate that you accept the changes. For ease of your review of any changes, the following is a list of the date of all revisions to this Privacy Policy:

We hope that this Privacy Policy helps you to make an informed decision whether to visit our web site and/or to provide us with certain information.

Privacy policy last updated 06/12/2006

If you have any questions, concerns or problems, we encourage you to email to kowa@kowa.com.