Legal Notice

Please read these terms of use (the “Terms”) carefully before using the websites of Vita Healthcare, Inc. and its subsidiaries (collectively “Vita Healthcare”). By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics or photographs) that Vita Healthcare may make available through the websites (collectively, “Materials”) and any services that Vita Healthcare may provide through the websites (collectively, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “Vita Healthcare Websites.”

Vita Healthcare reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Vita Healthcare Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

The terms and conditions set forth in the Community Participation Terms of Use are incorporated herein by reference. These Terms, together with any additional terms to which you agree when using particular elements of the Vita Healthcare Websites, constitute the entire and exclusive and final statement of the agreement between you and Vita Healthcare with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Vita Healthcare with respect to such subject matter. These Terms and the relationship between you and Vita Healthcare shall be governed by the laws of the State of California as applied to agreements made, entered into and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Vita Healthcare Websites shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Vita Healthcare to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Vita Healthcare and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Vita Healthcare Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Vita Healthcare. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vita Healthcare without restriction.

Use of Software

To the extent that Vita Healthcare provides for the download of proprietary Vita Healthcare software or open source software from Vita Healthcare’s Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Vita Healthcare or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.

Trademarks

Vita Healthcare reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Vita Healthcare will be collectively referred to as “Vita Healthcare Marks.”

The Vita Healthcare Marks are highly valued intellectual property, and therefore Vita Healthcare will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Vita Healthcare Marks or which are likely to cause confusion with Vita Healthcare Marks.

No employee or other representative of Vita Healthcare is authorized to grant permission to use Vita Healthcare Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Vita Healthcare Marks by a Vita Healthcare employee in the absence of a formal written agreement cannot be relied upon.

Vita Healthcare does not object to the use of the Vita Healthcare Marks (other than logos) to refer specifically to the products of Vita Healthcare. However, a purely referential use or nominative fair use of the Vita Healthcare Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

In the United States, registered Vita Healthcare Marks should be designated by the symbol “®”, while unregistered Vita Healthcare Marks should be identified by a “™” designation. The Vita Healthcare Marks must be used as adjectives, rather than as nouns or verbs.

Linking to our website

Linking to the Vita Healthcare Websites (including an internal or subsidiary page of any website comprising a part of the Vita Healthcare Websites) must be approved in writing by Vita Healthcare, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

1. does not utilize content of a Vita Healthcare Website; 2. does not utilize a Vita Healthcare logo; 3. does not use framing of a Vita Healthcare Website; 4. does not misrepresent an affiliation or other relationship with Vita Healthcare; 5. does not misrepresent any possible endorsement by Vita Healthcare; 6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and 7. is promptly modified to delete the hyperlink upon request by Vita Healthcare.

Copyright

Except where otherwise specified, the contents of the Vita Healthcare Websites are copyright (c) 1998-2011 Vita Healthcare, Inc., 3401 Hillview Ave, Palo Alto, CA 94304, USA. All rights reserved.

The contents of the Vita Healthcare Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Vita Healthcare Websites, except as necessary to view the Vita Healthcare Websites.

Links on the Vita Healthcare Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Vita Healthcare Websites. Vita Healthcare does not endorse or make any representations about such third party websites, and Vita Healthcare is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Vita Healthcare does not control those websites, and Vita Healthcare is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Indemnification

You agree to indemnify, defend and hold harmless Vita Healthcare, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Vita Healthcare Websites or violation of these Terms. Vita Healthcare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Vita Healthcare’s defense of such claim, and in no event may you agree to any settlement affecting Vita Healthcare without Vita Healthcare’s written consent.

Electronic Communications

When you visit the Vita Healthcare Websites or send e-mails to Vita Healthcare, you are communicating with Vita Healthcare electronically. We may respond to you by e-mail or by posting notices on the Vita Healthcare Websites. You agree that all such notices, disclosures and other communications that Vita Healthcare provides to you electronically satisfy any legal requirement that such communications be in writing.

United States Government Rights

All Vita Healthcare products and publications are commercial in nature. The software, publications and software documentation available on the Vita Healthcare Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Vita Healthcare’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.

Disclaimers

Information on the Vita Healthcare Websites is not promised or guaranteed to be correct, current or complete, and the Vita Healthcare Websites may contain technical inaccuracies or typographical errors. Vita Healthcare assumes no responsibility (and expressly disclaims responsibility) for updating the Vita Healthcare Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Vita Healthcare Websites. Vita Healthcare provides no assurances that any reported problems will be resolved by Vita Healthcare, even if Vita Healthcare elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE Vita Healthcare WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. Vita Healthcare EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Vita Healthcare MAKES NO WARRANTY THAT THE Vita Healthcare WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE Vita Healthcare WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL Vita Healthcare BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE Vita Healthcare WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF Vita Healthcare HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Vita Healthcare may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Vita Healthcare’s liability shall be the minimum permitted under such applicable law.