The Terms of Service set forth below (sometimes referred to as the "Terms" or the "Agreement") are the terms and conditions that are applicable to your access and use. All such Web pages and Web sites will be collectively referred to in these Terms as the "Web Site."

PLEASE READ THESE TERMS CAREFULLY PRIOR TO ACCESSING OR USING THE WEB SITE.

By accessing or using the Web Site, you are accepting the Terms and agreeing to be legally bound by them, including the Privacy Policy included herein. If you do not agree to be legally bound by the Terms, you are not permitted to access or use the Web Site. Ventana Health, Inc. reserves the right to modify, change, add or remove any or all of the Terms (including the Privacy Policy and any other terms or conditions relating to the Web Site) at any time in its sole discretion, so please check periodically for changes. Your continued access and use of the Web Site after Ventana Health posts any such changes will signify your acceptance of the changes.

1. Restrictions on Use of Materials and Access to Web Site.
Unless otherwise noted on the Web Site in connection with a particular area or Material (as defined below), all content, data, information and materials available on the Web Site, including without limitation, images, illustrations, designs, icons, photographs, video and audio clips, text and any other content, data, information or materials (collectively, the "Materials"), are owned by or proprietary to Ventana Health or its licensors and are protected by applicable copyright, trademark, service mark, trade dress, patent, trade secret and other available intellectual and proprietary right laws. Except as expressly authorized by Ventana Health, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from the Materials. You may, however, download one copy of the Materials on any single computer for your own internal use only, provided that you retain all copyright and other proprietary designators in the Materials intact. You may not systematically retrieve any Materials to directly or indirectly compile or create a collection, compilation, database or directory, except for your personal, non-commercial home use, without Ventana Health's prior written consent. Except with respect to commercially available applications commonly known as "web browser" software, you agree not to use any software, program, application or other device to access or log on to the Web Site, or to automate the process of obtaining, downloading, transferring or transmitting any Materials.

Ventana Health reserves all rights to the Materials, and any other use of the Materials for any purpose not expressly granted in the Terms or any other applicable written agreement between Ventana Health and you is expressly prohibited.

2. Trademark Information.
The following is a list of the trademarks, service marks and/or trade names owned by or proprietary to us, and we reserve all rights therein throughout the world. This list is not complete. Those marks followed by a ® symbol are registered trademarks or service marks of Ventana Health in the United States, and certain of the trademarks or service marks listed may be registered in other countries or jurisdictions. All other marks are trademarks, service marks or trade names of Ventana Health, its subsidiaries, affiliates or licensors, unless otherwise noted:

Zsweet™

All other trademarks, service marks and trade names used or referenced within our Web Site are owned by and reserved to their respective owners.

3. Privacy Policy.
We honor your privacy and wish to do everything reasonably in our power to protect your private, personally identifiable information. To demonstrate our dedication to respecting your privacy, we have developed this Privacy Policy to disclose what types of information we may collect from visitors to our Web Site and how we might use that information.

As described below, some of your personally identifiable information is disclosed to third parties and used by us and third parties. By using our Web Site, you expressly consent to our use and disclosure of your personally identifiable information in the manner disclosed below. Because of the rapidly evolving legal and business environment surrounding privacy on the Internet, please be aware that Ventana Health must reserve the right to modify this Privacy Policy at any time, in which event we would post an appropriate notice and provide access to the relevant modifications. Please bear in mind that this Privacy Policy only addresses our use and disclosure of information we collect from you. To the extent that you disclose information or data to other parties or other web sites on the Internet, including web sites that you may reach through Ventana Health's Web Site, different rules or policies may apply.

A Special Note on Children.
We do not request that any information be provided to us by any child under the age of 18, and we must ask that no such child provide us with any information without the consent and supervision of his or her parent or guardian.

What should I do if I have questions?
If you would like us to update, change, or delete any personally identifiable information we have about you (subject to any applicable legal exceptions), would like to opt out of receiving further information, or have questions about our privacy policy, please contact us via our fill-in form.

4. Links to Other Sites.
As a courtesy to you and other visitors to the Web Site, we may provide hyperlinks or references to a variety of other web sites and resources. Solely by virtue of such hyperlinks or references, Ventana Health is not making a sponsorship, referral or endorsement of or to the information or content contained in such hyperlinked sources or the entities that are responsible for such information. Furthermore, Ventana Health is not stating or implying that it is affiliated with any such entity or that it or the entity hosting or providing such information or content is legally authorized to use any of the information or content, including, without limitation, any trademark, copyright or other intellectual property right on or that may be accessible through these hyperlinks. We are also not responsible for the information or content of any hyperlinked third party web sites and do not make any representations regarding the content, accuracy or timeliness of such information or content. We cannot vouch for the security or privacy of any personally identifiable information you may provide any third party, and we suggest that you carefully review the privacy policies available at such third party web sites.

5. Disclaimer of Warranties and Limitation of Liability.
THE WEB SITE, THE MATERIALS AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEB SITE ARE PROVIDED "AS IS," AND NEITHER VENTANA HEALTH NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE FOREGOING. VENTANA HEALTH SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT. NEITHER CUMBERLAND NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS IS UNDER ANY OBLIGATION TO UPDATE ANY MATERIALS OR CONTINUE TO OFFER ANY MATERIALS, PRODUCTS OR SERVICES CURRENTLY AVAILABLE ON THE WEB SITE. ACCESS TO THE WEB SITE, ANY OF THE MATERIALS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEB SITE MAY BE LIMITED OR UNAVAILABLE AT ANY TIME, INCLUDING, WITHOUT LIMITATION, DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS.

IN NO EVENT WILL VENTANA HEALTH, ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS OR OTHER PERSONS TRANSMITTING THE MATERIALS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE OF THE MATERIALS OR FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE MATERIALS OR FOR OMISSIONS OR INACCURACIES IN THE MATERIALS OR FROM LOSS OR CORRUPTION OF DATA OR THE COST OF RECOVERING ANY DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND, AS A CONDITION TO ACCESSING SUCH MATERIALS, YOU EXPRESSLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST VENTANA HEALTH, ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS, OR ANY OTHER PERSON WITH RESPECT TO ANY MATERIALS, OR PORTION THEREOF.

6. Termination.
Ventana Health reserves the right to terminate your use of and/or access to the Web Site and any or all of the Materials or any portion thereof without any liability to you and to take any other action Ventana Health deems appropriate, in its sole discretion, without limitation for any reason whatsoever, including but not limited to: the unauthorized use of any account you may have with Ventana Health, its subsidiaries or affiliates; breach of the Terms or any other agreement between you and Ventana Health, its subsidiaries or affiliates; the discontinuance of or limitation on Ventana Health's use of or access to any of the Materials; or termination or expiration of one or more of the agreements between Ventana Health, its subsidiaries or affiliates and the supplier or provider of any Materials or other information, content or data.

Last Updated: October 5, 2005