Terms and conditions
Last Updated: August 24, 2017
Fresenius Kabi USA provides the information and material on this web site for general information only. This information is not intended for or as a substitute for medical advice, treatment or judgment. Fresenius Kabi USA does not provide, and is not intending to provide or providing medical advice, treatment or judgment. Your use of the Website does not in any way create a physician-patient relationship between you and Fresenius Kabi USA or any of its agents, employees, officers, directors or representatives. Please consult with your health care provider before using any product referenced or discussed on this site.
The Website may include forward-looking statements that reflect our current views with respect to future events, are based on assumptions and are subject to risks and uncertainties. These risks and uncertainties could cause actual results to differ materially from those projected. Fresenius Kabi USA reserves the right to change this Website and/or the information on it at any time without notification but disclaims any intent or obligation to update these forward-looking statements or any other information on the Website. You should not place undue reliance on these forward-looking statements.
Use Only in and for the United States
The information on this web site is intended for use only by patients, health care providers and others in and for the United States. Products shown on this Website may be available in the United States only. If they are available outside of the United States, they may be sold under a different name, in different strengths or for different indications. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States and may require references to different or additional information. Because laws, regulations, and medical practices applicable in the United States differ from those in other countries, information on this site may not be appropriate for use, and may not and should not be relied upon, outside the United States.
Intellectual Property Notice
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fresenius Kabi USA, its 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 and may not be reproduced, distributed, modified, used to create derivative works of, publicly displayed, publicly performed, republished, downloaded, stored, transmitted or used in any other way except as provided herein without the express written permission of Fresenius Kabi USA.
Fresenius Kabi USA hereby grants you permission to
- temporarily store copies of materials in memory incidental to your accessing and viewing those materials;
- store files that are automatically cached by your web browser for display enhancement purposes; or
- copy documents published by Fresenius Kabi USA on the Website for your personal, noncommercial use only, provided no modification of content is permitted, and only if any copy you make shall retain all copyright, trademark, or other proprietary notices as on this Website.
Any other reproduction of any material or information on this Website, or of the Website itself, is strictly and expressly prohibited. In particular, material or information on this Website cannot be distributed, modified, posted on a web site or used for public or commercial purposes. No use of any Fresenius Kabi USA trademark, trade name, trade dress, logo, service mark, or product as appearing in this Website may be made without the prior written authorization of Fresenius Kabi USA, except to identify the products or services of Fresenius Kabi USA. If you wish to make any use of material on the Website other than that set out in this section, please contact us by any means set forth below.
The Fresenius Kabi USA name, the terms ‘Fresenius Kabi’ and all related names, logos, product and service names, designs and slogans are trademarks of Fresenius Kabi USA or its affiliates or licensors. You must not use such marks without the prior written permission of Fresenius Kabi USA. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- In any way that violates 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).
- To post, submit or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Fresenius Kabi USA, a Fresenius Kabi USA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Fresenius Kabi USA or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
- Circumvent, disrupt or disable any security features of the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Link to any part of the Website or cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Otherwise attempt to interfere with the proper working of the Website.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
Links to Other Sites
Strictly as a resource to visitors of this Website, Fresenius Kabi USA provides links to other websites, certain of which lead to resources located on servers maintained by third parties over whom Fresenius Kabi USA has no control. Fresenius Kabi USA cannot guarantee, and makes no representations as to information contained on any website to which a link or reference is provided. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and Fresenius Kabi USA accepts no responsibility for them or for any loss or damage that may arise from your use of them.
Similarly, links to Fresenius Kabi USA web sites by third-party resources does not indicate endorsement or authorization by Fresenius Kabi USA of that third party web site.
No Warranty or Guarantee
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FRESENIUS-KABI USA NOR ANY PERSON ASSOCIATED WITH FRESENIUS-KABI USA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, QUALITY, ACCURACY, TIMELINESS OR AVAILABILITY OF THE WEBSITE, ITS CONTENT OR ANY INFORMATION THAT YOU POST, SEND OR TRANSMIT THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FRESENIUS-KABI USA NOR ANYONE ASSOCIATED WITH FRESENIUS-KABI USA REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FRESENIUS-KABI USA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL FRESENIUS-KABI USA OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE, 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, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Neither you nor Fresenius Kabi USA shall be entitled to join or consolidate claims in arbitration by or against other customers of Fresenius Kabi USA with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or individual of a class or in a private attorney general capacity. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Arbitration proceedings are confidential, unless all parties agree otherwise in writing. Arbitration orders and awards required to be filed with applicable courts of competent jurisdiction are not confidential and may be disclosed by the parties to such courts. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order of proper jurisdiction.
Limitation on Time to File Claims
- Any rights or obligations hereunder may not be transferred or assigned by you without the prior written consent of Fresenius Kabi USA. Fresenius Kabi USA may freely assign and delegate any of its rights or obligations hereunder.
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