Vedant Incorporated - Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THE VEDANT INCORPORATED WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

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COPYRIGHT ©1998-2008 VEDANT INCORPORATED ALL RIGHTS RESERVED.

® and/or designate trademarks or registered trademarks of Vedant Incorporated or its licensors. "TestStream"® is a registered service mark of Vedant Incorporated Other trademarks, registered trademarks, or service marks herein may be property of their respective owners.

Except as otherwise noted on the Site, Vedant Incorporated owns all rights in and to this Site, including but not limited to, pages, screens, text, images, page rendering code, information, data, policies and the general "look and feel" (collectively, "Content") used on the Site. The display of Content does not constitute a waiver of any of Vedant Incorporated’s proprietary rights in or related to such Content (including, but not limited to, patents, copyrights, service marks and trademarks) or a transfer of any such rights to users or any third-party. The Content may not be distributed, used or modified in any way without the express permission of Vedant Incorporated. Any unauthorized use, distribution or alteration of the protected material, including policies, will result in a violation of US and international copyright laws and is strictly prohibited. Certain Content may be presented in a format employing encryption security or other technology designed to prevent the downloading, copying or distribution of such Content. Anyone who defeats these security measures will be in violation of the Digital Millennium Copyright Act. See Pub. L. No. 105-304, 112 Stat. 2860 (1998).

The public access areas of this Site are purely informative in nature and are a service of Vedant Incorporated. The Site describes the nature of Vedant Incorporated’s activities and, subject to the terms and conditions described below, provides informative materials aimed at educating users of the Site. Certain password protected areas of the Site provide further information about Vedant Incorporated’s products and services. The descriptions on this Site are provided only to assist users in understanding products and services offered by Vedant Incorporated and such descriptions do not replace or supercede the actual terms and conditions applicable to each such product or service.

SITE MATERIALS.
The information and materials contained on this Site, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of password protected areas of Vedant Incorporated's web site, misuse, sharing or transfer of passwords, or misuse of any information posted on a site is strictly prohibited. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using such materials, in verbatim form, for informational and non-commercial, personal use only. Any other use of the materials in this Site (including any commercial use, reproduction for purposes other than described above, modification, creation of derivative works, distribution, republication, display, or performance) without Vedant Incorporated's prior written permission is prohibited. Although Vedant Incorporated has attempted to provide accurate information in materials on the Site, Vedant Incorporated assumes no responsibility for the accuracy of any information provided.

PRIVACY.
Vedant Incorporated is committed to maintaining the privacy of information provided to Vedant Incorporated when using the Site. It is our intent to balance our legitimate business interests in collecting and using information received from and about you with your reasonable expectations of privacy. This section describes Vedant Incorporated’s policies and procedures with respect to information that is collected and stored by Vedant Incorporated.

Information Collected Through the Site.
When you provide information online via the Site, Vedant Incorporated may collect information through the Site from you that it deems relevant under the circumstances. This may include your name, mailing address, e-mail address, telephone number and other similar information. Vedant Incorporated stores the information it collects from you, even if you are not a customer, for so long as it is necessary for business purposes or to meet legal requirements.

Other Websites.
Vedant Incorporated may make content from other websites including Vedant Incorporated affiliated or co-branded websites available to you from links located on the Site. These other websites are not subject to this section. You should review the privacy policy at each such website to determine how that website protects your privacy.

Use of Gathered Information.
Information may be used for the following general purposes:

For the purposes for which you specifically provided the information;

Marketing analysis, refining product offerings, website traffic and bandwidth analysis and website management;

To comply with legal requirements, in accordance with applicable laws, rules and regulations; and

To send promotional e-mails about new or existing products, services, special offers or to otherwise contact you.

Vedant Incorporated does not rent, sell or share your information with others outside of Vedant Incorporated

Policy for Disclosing Information.
Vedant Incorporated may disclose your information to a third party if required to do so by law or if Vedant Incorporated believes in good faith that such action is necessary (1) to comply with law or legal processes; (2) to protect against misuse or unauthorized use of the Site; (3) to protect the personal safety or property of Vedant Incorporated’s users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions) or (4) if Vedant Incorporated is acquired by, or merges with, another entity. In addition, Vedant Incorporated may disclose information pursuant to any other provision of these Terms and Conditions.

Website Usage Information.
Vedant Incorporated automatically collects Internet Protocol (IP) addresses and website usage information upon use of the Site. This information assists Vedant Incorporated’s evaluation of users’ use and navigation of the Site on an aggregate basis, including the number and frequency of users to each webpage, and the length of each visit.

Opting Out.
You may choose to not receive information about new features, special offers or new products by contacting Vedant Incorporated by facsimile at 978-462-4755 or by e-mail to optout@vedanthealth.com. If for some reason you believe this web site has not adhered to the above principles, please notify us by email at optout@vedanthealth.com or by facsimile at 978-462-4755 and we will endeavor to address the problem promptly.

Cookies.
During certain Site interactions, including but not limited to registrations, a cookie may be placed on your computer (if your browser is set to accept cookies) or is read if you have visited the Site previously. One use of cookies is to assist in the collection of Site visitation statistics described above. Vedant Incorporated also employs cookies to (a) recognize you and your access privileges and (b) track download registrations. If you set your browser to not accept cookies, you will still have access to the Site, but you may not experience a personalized visit.

Security.
The information collected is stored in limited access servers. Vedant Incorporated has implemented commercially reasonable physical, electronic and managerial procedures to protect the security of these servers and your information.

Review and Correction.
The information Vedant Incorporated collects from you is collected “as is”. Vedant Incorporated relies on you to provide true, accurate and correct information. You may not review and/or correct the information that Vedant Incorporated collects from and/or about you.

Privacy Policy Modifications.
Vedant Incorporated may change these privacy provisions from time to time. Vedant Incorporated will post any changes on the Site.

Comments and Questions.
If you have any questions, comments or concerns about this privacy policy, you may contact Vedant Incorporated by facsimile at (978) 462-4755 or by e-mail at postmaster@vedanthealth.com.

LINKS.
THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY OTHER PARTIES. VEDANT INCORPORATED HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OTHER PARTY’S SITE LINKED TO THIS WEB SITE. BY CREATING A LINK TO ANOTHER WEB SITE, VEDANT INCORPORATED DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS VEDANT INCORPORATED LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THAT SITE. SUCH OTHER SITE MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF VEDANT INCORPORATED AND SUCH OTHER SITE MAY PROVIDE LESS SECURITY THAN THIS SITE.

Any links to the Site from other web sites must (i) link to the homepage of the Site, (ii) not display the content of the Site within a border or frame controlled by or displaying the content of the linking page, and (iii) be promptly removed if requested by Vedant Incorporated does not warrant the accuracy or completeness of any third party site that links to the Site.

NO WARRANTY.
VEDANT INCORPORATED DOES NOT GUARANTEE THAT ACCESS TO THE SITE, THE CONTENT, OR INFORMATION POSTED ON THE SITE WILL BE UNINTERRUPTED, THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT THE SITE CANNOT BE TAMPERED WITH OR MALICIOUSLY ACCESSED BY THIRD-PARTIES. THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". VEDANT INCORPORATED DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. THE UNIFORM COMMERCIAL CODE AND THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT SHALL NOT APPLY TO THESE TERMS AND CONDITIONS.

LIMITATION OF LIABILITY.
IN NO EVENT WILL VEDANT INCORPORATED BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER HARMFUL CODE OR LINE OR SYSTEM FAILURE, EVEN IF VEDANT INCORPORATED, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

SUBMISSIONS.
All information submitted to Vedant Incorporated via the Site (except for information which is subject to the privacy provisions set forth in these Terms and Conditions) shall be deemed and remain the property of Vedant Incorporated and Vedant Incorporated shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Site provides Vedant Incorporated through the Site without compensation. Vedant Incorporated shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Vedant Incorporated entity having the direct client relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing Vedant Incorporated's responsibilities and obligations to clients and/or users of the Site in accordance with the Vedant Incorporated privacy provisions set forth above.

AVAILABILITY.
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

ADDITIONAL TERMS.
Certain sections or pages on the Site may contain separate terms and conditions, which are in addition to these Terms and Conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

GOVERNING LAW.
Use of this Site shall be governed by all applicable Federal laws of the United States of America and the laws of the Massachusetts without regard to conflict of laws provisions. You hereby consent to the state or federal courts located in the Massachusetts as the forum with exclusive jurisdiction and venue over any claim arising out of or relating to these Terms and Conditions.

GENERAL.
The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and these Terms and Conditions will be construed as if such unenforceable provision had not been contained herein or modified to the fullest extent permitted by applicable law. No waiver by Vedant Incorporated of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.

These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, the Vedant Incorporated Web site (including all linked and subsidiary URL's maintained by or for Vedant Incorporated or its affiliates, the "Site") and do not alter in any way the terms or conditions of any other agreement you may have with Vedant Incorporated for products, services or otherwise.

© 2008 Vedant Incorporated All rights reserved.

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