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AGREEMENT
BETWEEN USER AND Vista Diagnostics Ltd
The Vista Diagnostics Ltd Web Site is
comprised of various Web pages operated
by Vista Diagnostics Ltd.
The Vista Diagnostics Ltd Web Site is
offered to you conditioned on your acceptance
without modification of the terms, conditions,
and notices contained herein. Your use
of the Vista Diagnostics Ltd Web Site
constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF
THESE TERMS OF USE
Vista Diagnostics Ltd reserves the right
to change the terms, conditions, and
notices under which the Vista Diagnostics
Ltd Web Site is offered, including but
not limited to the charges associated
with the use of the Vista Diagnostics
Ltd Web Site.
LINKS TO THIRD
PARTY SITES
The Vista Diagnostics Ltd Web Site may
contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under
the control of Vista Diagnostics Ltd
and Vista Diagnostics Ltd is not responsible
for the contents of any Linked Site,
including without limitation any link
contained in a Linked Site, or any changes
or updates to a Linked Site. Vista Diagnostics
Ltd is not responsible for webcasting
or any other form of transmission received
from any Linked Site. Vista Diagnostics
Ltd is providing these links to you
only as a convenience, and the inclusion
of any link does not imply endorsement
by Vista Diagnostics Ltd of the site
or any association with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the Vista
Diagnostics Ltd Web Site, you warrant
to Vista Diagnostics Ltd that you will
not use the Vista Diagnostics Ltd Web
Site for any purpose that is unlawful
or prohibited by these terms, conditions,
and notices. You may not use the Vista
Diagnostics Ltd Web Site in any manner
which could damage, disable, overburden,
or impair the Vista Diagnostics Ltd
Web Site or interfere with any other
party's use and enjoyment of the Vista
Diagnostics Ltd Web Site. You may not
obtain or attempt to obtain any materials
or information through any means not
intentionally made available or provided
for through the Vista Diagnostics Ltd
Web Sites.
USE OF COMMUNICATION
SERVICES
The Vista Diagnostics Ltd Web Site may
contain bulletin board services, chat
areas, news groups, forums, communities,
personal web pages, calendars, and/or
other message or communication facilities
designed to enable you to communicate
with the public at large or with a group
(collectively, "Communication Services"),
you agree to use the Communication Services
only to post, send and receive messages
and material that are proper and related
to the particular Communication Service.
By way of example, and not as a limitation,
you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk,
threaten or otherwise violate the
legal rights (such as rights of
privacy and publicity) of others.
- Publish, post, upload, distribute
or disseminate any inappropriate,
profane, defamatory, infringing,
obscene, indecent or unlawful topic,
name, material or information.
- Upload files that contain software
or other material protected by intellectual
property laws (or by rights of privacy
of publicity) unless you own or
control the rights thereto or have
received all necessary consents.
- Upload files that contain viruses,
corrupted files, or any other similar
software or programs that may damage
the operation of another's computer.
- Advertise or offer to sell or
buy any goods or services for any
business purpose, unless such Communication
Service specifically allows such
messages.
- Conduct or forward surveys, contests,
pyramid schemes or chain letters.
- Download any file posted by another
user of a Communication Service
that you know, or reasonably should
know, cannot be legally distributed
in such manner.
- Falsify or delete any author
attributions, legal or other proper
notices or proprietary designations
or labels of the origin or source
of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other
user from using and enjoying the
Communication Services.
- Violate any code of conduct or
other guidelines which may be applicable
for any particular Communication
Service.
- Harvest or otherwise collect
information about others, including
e-mail addresses, without their
consent.
- Violate any applicable laws or
regulations.
Vista Diagnostics Ltd has no obligation
to monitor the Communication Services.
However, Vista Diagnostics Ltd reserves
the right to review materials posted
to a Communication Service and to remove
any materials in its sole discretion.
Vista Diagnostics Ltd reserves the right
to terminate your access to any or all
of the Communication Services at any
time without notice for any reason whatsoever.
Vista Diagnostics Ltd reserves the right
at all times to disclose any information
as necessary to satisfy any applicable
law, regulation, legal process or governmental
request, or to edit, refuse to post
or to remove any information or materials,
in whole or in part, in Vista Diagnostics
Ltd's sole discretion.
Always use caution when giving out any
personally identifying information about
yourself or your children in any Communication
Service. Vista Diagnostics Ltd does
not control or endorse the content,
messages or information found in any
Communication Service and, therefore,
Vista Diagnostics Ltd specifically disclaims
any liability with regard to the Communication
Services and any actions resulting from
your participation in any Communication
Service. Managers and hosts are not
authorized Vista Diagnostics Ltd spokespersons,
and their views do not necessarily reflect
those of Vista Diagnostics Ltd.
Materials uploaded to a Communication
Service may be subject to posted limitations
on usage, reproduction and/or dissemination.
You are responsible for adhering to
such limitations if you download the
materials.
MATERIALS PROVIDED
TO Vista Diagnostics Ltd OR POSTED AT
ANY Vista Diagnostics Ltd WEB SITE
Vista Diagnostics Ltd does not claim
ownership of the materials you provide
to Vista Diagnostics Ltd (including
feedback and suggestions) or post, upload,
input or submit to any Vista Diagnostics
Ltd Web Site or its associated services
(collectively "Submissions"). However,
by posting, uploading, inputting, providing
or submitting your Submission you are
granting Vista Diagnostics Ltd, its
affiliated companies and necessary sublicensees
permission to use your Submission in
connection with the operation of their
Internet businesses including, without
limitation, the rights to: copy, distribute,
transmit, publicly display, publicly
perform, reproduce, edit, translate
and reformat your Submission; and to
publish your name in connection with
your Submission.
No compensation will be paid with respect
to the use of your Submission, as provided
herein. Vista Diagnostics Ltd is under
no obligation to post or use any Submission
you may provide and may remove any Submission
at any time in Vista Diagnostics Ltd's
sole discretion.
By posting, uploading, inputting, providing
or submitting your Submission you warrant
and represent that you own or otherwise
control all of the rights to your Submission
as described in this section including,
without limitation, all the rights necessary
for you to provide, post, upload, input
or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Vista Diagnostics Ltd WEB
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Vista Diagnostics
Ltd AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Vista Diagnostics
Ltd WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE Vista Diagnostics Ltd WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
Vista Diagnostics Ltd AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE Vista Diagnostics Ltd
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. Vista Diagnostics Ltd AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL Vista Diagnostics
Ltd AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE Vista Diagnostics Ltd WEB SITE,
WITH THE DELAY OR INABILITY TO USE THE
Vista Diagnostics Ltd WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE Vista
Diagnostics Ltd WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Vista
Diagnostics Ltd WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Vista
Diagnostics Ltd OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE Vista Diagnostics
Ltd WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE Vista Diagnostics
Ltd WEB SITE.
SERVICE CONTACT : admin@vistadiagnostics.co.uk.107.webhostforasp.net
TERMINATION/ACCESS
RESTRICTION
Vista Diagnostics Ltd reserves the right,
in its sole discretion, to terminate
your access to the Vista Diagnostics
Ltd Web Site and the related services
or any portion thereof at any time,
without notice. GENERAL To the maximum
extent permitted by law, this agreement
is governed by the laws of the State
of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction
and venue of courts in King County,
Washington, U.S.A. in all disputes arising
out of or relating to the use of the
Vista Diagnostics Ltd Web Site. Use
of the Vista Diagnostics Ltd Web Site
is unauthorized in any jurisdiction
that does not give effect to all provisions
of these terms and conditions, including
without limitation this paragraph. You
agree that no joint venture, partnership,
employment, or agency relationship exists
between you and Vista Diagnostics Ltd
as a result of this agreement or use
of the Vista Diagnostics Ltd Web Site.
Vista Diagnostics Ltd's performance
of this agreement is subject to existing
laws and legal process, and nothing
contained in this agreement is in derogation
of Vista Diagnostics Ltd's right to
comply with governmental, court and
law enforcement requests or requirements
relating to your use of the Vista Diagnostics
Ltd Web Site or information provided
to or gathered by Vista Diagnostics
Ltd with respect to such use. If any
part of this agreement is determined
to be invalid or unenforceable pursuant
to applicable law including, but not
limited to, the warranty disclaimers
and liability limitations set forth
above, then the invalid or unenforceable
provision will be deemed superseded
by a valid, enforceable provision that
most closely matches the intent of the
original provision and the remainder
of the agreement shall continue in effect.
Unless otherwise specified herein, this
agreement constitutes the entire agreement
between the user and Vista Diagnostics
Ltd with respect to the Vista Diagnostics
Ltd Web Site and it supersedes all prior
or contemporaneous communications and
proposals, whether electronic, oral
or written, between the user and Vista
Diagnostics Ltd with respect to the
Vista Diagnostics Ltd Web Site. A printed
version of this agreement and of any
notice given in electronic form shall
be admissible in judicial or administrative
proceedings based upon or relating to
this agreement to the same extent an
d subject to the same conditions as
other business documents and records
originally generated and maintained
in printed form. It is the express wish
to the parties that this agreement and
all related documents be drawn up in
English.
COPYRIGHT AND
TRADEMARK NOTICES:
All contents of the Vista Diagnostics
Ltd Web Site are: © 2007 Vista
Diagnostics Limited and/or its suppliers.
All rights reserved.
TRADEMARKS
The names of actual companies and products
mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations,
products, people and events depicted
herein are fictitious. No association
with any real company, organization,
product, person, or event is intended
or should be inferred.
Any rights not expressly granted herein
are reserved.
NOTICES AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications
of claimed copyright infringement under
United States copyright law should be
sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE
NO RESPONSE. See Notice and Procedure
for Making Claims of Copyright Infringement.
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