Last updated and effective as of February 3, 2016
Welcome to the www.FreseniusKidneyCare.com website (the “Site”). This Site is owned and operated by Fresenius Medical Care Holdings, Inc. (d/b/a Fresenius Medical Care North America) or one or more of its direct or indirect subsidiaries and affiliates (collectively, the “Company,” “we” or “us”).
2. THE SITE DOES NOT PROVIDE MEDICAL ADVICE
- THE CONTENTS OF THIS SITE (SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION OBTAINED BY US FROM THIRD-PARTY LICENSORS AND OTHER MATERIAL CONTAINED ON THIS SITE) IS MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY.
- THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSES OR RECOMMENDATIONS REGARDING MEDICAL TREATMENT.
- THIS SITE AND THE CONTENT APPEARING ON THIS SITE ARE NOT SUBSTITUTES FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
- ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
- NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
- IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
- IN NO EVENT WILL WE BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS SITE.
3. CHILDREN UNDER THE AGE OF 13
This Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. If you are under the age of 13, do not use or provide any information on this Site or on or through any of its features, register on this Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us by sending us an email stating your request to Questions@FMC-NA.com or contacting us in writing at the address provided below.
By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Site.
4. OTHER TERMS AND CONDITIONS
5. INTELLECTUAL PROPERTY RIGHTS
Except as noted below, the Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, graphics, images, illustrations, photographs, video, audio and other materials and the design, selection and arrangement thereof) (the “Content”), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Certain products, services or company designations for companies other than us may be mentioned in this Site for identification purposes only.
6. USE OF SITE AND CONTENT
- your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing any Content;
- you may store files that are automatically cached by your browser for display enhancement purposes; or
You must not:
- modify copies of any Content from this Site;
- use any Content, including illustrations, photographs, video or audio sequences or any graphics, appearing in this Site separately from the accompanying text;
- delete or alter any copyright, trademark or other proprietary rights notices from copies of any Content from this Site; or
- access or use for any commercial purposes any part of this Site or any services or any Content made available through or on this Site.
7. PROHIBITED USES OF THE SITE AND CONTENT
- delete, modify, hack or attempt to change or alter any of the Content on this Site;
- use any device, software or routine intended to damage or otherwise interfere with the proper functioning of this Site or servers or networks connected to this Site or take any other action that interferes with other parties’ use of this Site;
- use any robot, spider or other automatic or manual device or process to access this Site for any purpose, including monitoring or copying any of the Content on this Site other than for a generally available search engine;
- use any copyrights, service marks, trademarks or Content owned by us or a third party without our prior written consent, including without limitation as metatags, search engine keywords or hidden text;
- use any Content made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- upload files or otherwise introduce files that contain viruses, malware, Trojan horses, worms, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property of another;
- in any way violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- transmit or send any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;
- impersonate or attempt to impersonate or “spoof” us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Site, the server(s) on which this Site is stored or any server, computer or database connected to this Site or the security measures deployed to protect them;
- attack this Site via a denial-of-service attack or a distributed denial-of-service attack; or
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as determined by us, may harm us or other users of this Site, or expose them to liability.
8. LINKING TO THIS SITE AND CERTAIN SOCIAL MEDIA FEATURES
You may also link or hyperlink any publicly available page of this Site to a website that is owned by you, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on this Site;
- send emails or other communications with Content, or links to Content, on this Site; and
- cause limited portions of the Content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
Subject to the foregoing, you must not:
- establish a link from any website that is not owned by you;
- cause this Site, Content or portions of this Site or Content to be displayed or appear to be displayed by, for example, framing, deep linking or in-line linking on any other site;
- use a link to this Site that in any way suggests that we endorse you or your website or the content appearing on your website;
- use or present this Site or Content in any way that disparages us or tarnishes, blurs or dilutes the quality of our copyrights, trademarks or other intellectual property, including any associated goodwill;
- display a link to this Site on any web page that displays objectionable content or links, including but not limited to, any content or information that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property or proprietary rights; or (iv) violates or encourages others to violate any applicable law; or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
9. USER ACCOUNTS AND REGISTRATION
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
10. USER CONTRIBUTIONS AND SUBMISSIONS
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards or other interactive features (collectively, “Interactive Features”) that allow users to upload, post, submit, publish, display or transmit Content to other users of this Site or other persons (collectively, “User Contributions and Submissions”) on or through this Site.
We do not claim ownership of any User Contributions and Submissions or other information or material that a user provides to us or posts, uploads, inputs or submits to or through this Site by any means. All User Contributions and Submissions will be treated as nonconfidential and nonproprietary and may be disseminated or used by us for any purpose whatsoever and without restrictions, except where prohibited by law.
By initiating or making any User Contributions and Submissions, you automatically agree to grant us and our third-party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, modify, perform, display, distribute, create derivative works from, transmit and distribute such User Contributions and Submissions, alone or as part of other works in any form, media or technology whether now known or hereafter developed, for any purpose. You hereby waive all rights to any claim against us and our third-party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns for any alleged or actual infringements of any proprietary rights, rights of privacy, rights of publicity, moral rights and rights of attribution in connection with such User Contributions and Submissions. Notwithstanding the foregoing, we are not required to use any User Contributions and Submissions.
11. CONTENT STANDARDS
The content standards set forth in this section (the “Content Standards”) apply to any and all User Contributions and Submissions, your use of any interactive features of this Site (except and to the extent additional terms and conditions apply to the use of one or more interactive features) and to any links or hyperlinks to this Site or Content as described in the Linking to This Site and Certain Social Media Features section set forth in Section 8 above. User Contributions and Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions and Submissions must not:
- contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable material or statements;
- promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- be likely to deceive any person;
- promote any illegal activity or advocate, promote or assist any unlawful act;
- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- impersonate any person or misrepresent your identity or affiliation with any person or organization;
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12. MONITORING AND ENFORCEMENT
We do not undertake to review User Contributions or Submissions or other material before it is posted on this Site and cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, we do not represent or guarantee the truthfulness, accuracy or reliability of any information or material posted, uploaded, input or submitted to this Site by us or any users, and we do not endorse any statements, representations or opinions expressed, posted, uploaded, input or submitted to this Site by users. Any user’s reliance on information or material posted, uploaded, input or submitted to this Site by other users shall be at user’s own risk. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
13. WE HAVE THE RIGHT TO:
- remove or refuse to post any User Contributions and Submissions for any or no reason in our sole discretion;
- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Site or any Content; and
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Site.
YOU WAIVE AND AGREE TO HOLD US AND OUR THIRD-PARTY BUSINESS PARTNERS AND LICENSORS AND EACH OF OUR AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSEES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS HARMLESS FROM, AND INDEMNIFY US AGAINST, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
14. COPYRIGHT INFRINGEMENT
- your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works;
- identification of the Content or activity you believe to be infringing in a sufficiently precise manner to allow us to locate that Content or activity;
- adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
- a statement that you have a good faith belief that the use of the copyrighted Content is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the written notice is accurate; and
- a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
c/o Fresenius Medical Care North America
920 Winter Street, Waltham, MA 02451
If you fail to comply with all of the foregoing requirements (as more fully set forth in Section 512(c)(3) of the DMCA), your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that any Content or any activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
15. TERMINATION OR MODIFICATIONS TO SITE
We reserve the right to modify or terminate your access to this Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. From time to time, we may restrict access to some parts of this Site, or the entire Site, to users, including registered users, or charge fees for access to portions of this Site without notice or liability. We will not be liable if for any reason all or any part of this Site is unavailable at any time or for any period. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to this Site or portions of this Site.
16. MODIFICATIONS TO THESE TERMS
17. LINKED SITES AND THIRD-PARTY CONTENT, PRODUCTS AND SERVICES
As a convenience to you, this Site may provide links to websites and access to material, products and services of third parties, including without limitation, our third-party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns with which our connection consists of only a hyperlink, including links contained in advertisements, including banner advertisements and sponsored links (“Linked Sites”).
We do not author, edit or monitor these Linked Sites. We have no control over the contents of those Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them or in your dealings with any third parties found on or through this Site. The inclusion of any link on this Site does not imply endorsement of the Linked Sites by us or vice versa.
This Site may include content provided by third parties, including Content, User Contributions and Submissions and other information and materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services (“Third-Party Content”). All statements and/or opinions expressed in such Third-Party Content and all articles and responses to questions and other content relating to any such Third-Party Content are solely the opinions and the responsibility of the person or entity providing those materials. Third-Party Content does not necessarily reflect our opinion. In addition, we do not warrant the accuracy, completeness or usefulness of any Third-Party Content made available on or through this Site. Any reliance you place on such Third-Party Content is strictly at your own risk. We are not responsible or liable to you or any third party, for the Content or accuracy of any Third-Party Content. We disclaim all liability and responsibility arising from any reliance placed on such Third-Party Content by you or any other visitor to this Site or by anyone who may be informed of any of such Third-Party Content.
18. TYPOGRAPHICAL ERRORS
Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
19. FORWARD-LOOKING STATEMENTS; NO INVESTMENT ADVICE
This Site contains forward-looking statements based on beliefs of our management. When used in this Site, words such as “anticipate,” “believe,” “estimate,” “expect,” “intend,” “plan” and “project” are intended to identify forward-looking statements. These forward-looking statements may involve risks and uncertainties, including technological advances in the medical field, product demand and market acceptance, the impact of recently enacted and possible future healthcare reforms, the impact of competitive products and pricing, foreign currency exchange rates and other risks. These forward-looking statements reflect our views as of the date made with respect to future events and are subject to risks and uncertainties. All of these forward-looking statements are based on estimates and assumptions made by management of the Company and are believed to be reasonable, though are inherently uncertain and difficult to predict. Actual results or experience could differ materially from the forward-looking statements. Reports filed by our parent, Fresenius Medical Care AG & Co. KGaA, with the U.S. Securities and Exchange Commission discuss the risks, uncertainties and other factors that could cause actual results or experience to differ from these forward-looking statements. The Company disclaims any intention or obligation to update these forward-looking statements.
Nothing on this Site constitutes investment advice, including any of the above-referenced filings with the Securities and Exchange Commission. Any stock prices provided by, or accessible through or on, this Site are not official market quotations and are not to be considered a substitute for obtaining pricing information from official sources.
20. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of the lost data.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US REPRESENTS OR WARRANTS THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS OR SERVICES OFFERED THROUGH THIS SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS OR SERVICES OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR THIRD-PARTY BUSINESS PARTNERS, LICENSORS, SUBSIDIARIES OR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
23. GOVERNING LAW AND JURISDICTION
24. LIMITATION ON TIME TO FILE CLAIMS
25. GEOGRAPHIC RESTRICTIONS AND LANGUAGE
This Site is available worldwide to anyone with Internet access. We are based in the Commonwealth of Massachusetts in the United States. We provide this Site for use only by persons located in the United States. We make no claims that this Site or any of its content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We make no representation that this Site, or any of the Content, is appropriate or available for use in locations outside of the United States.
26. ACKNOWLEDGEMENT AND ENTIRE AGREEMENT
27. WAIVER AND SEVERABILITY
28. CONTACT INFORMATION
Fresenius Medical Care North America
920 Winter Street
Waltham, MA 02451
Copyright © 2013–2015, 2016 Fresenius Medical Care Holdings, Inc. All rights reserved.
Fresenius Medical Care, the triangle logo, Fresenius Kidney Care, Thrive On, TOPs, Fresenius Rx, TruBlu Logistics, Spectra and MedSpring are trademarks of Fresenius Medical Care Holdings, Inc. or its affiliated companies. All other trademarks are the property of their respective owners.