Terms & Conditions
Welcome to the UltraCare-Dialysis.com website. This Site is owned and operated by Fresenius Medical Care North America, (“FRESENIUS MEDICAL CARE NA or FMCNA”). Please read this agreement carefully before using this Site.
- THIS SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE.
- ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
- THIS SITE IS NOT FOR MEDICAL DIAGNOSIS OR TREATMENT.
- NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
- IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
By accessing or using this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting your personal information to www.UltraCare-Dialysis.com, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Massachusetts law.
Last updated and effective as of November 18, 2009.
1. SITE CONTENT
(a) All contents of this Site are copyright protected: © FMCNA All rights reserved. UltraCare-Dialysis.com and the Fresenius Medical Care logo are trademarks of FMCNA, This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, photographs, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use Content as expressly authorized herein or in writing by FMCNA. Neither these Terms nor your use of this Site transfers any right, title or interest in the Site or the Content to you, and FMCNA and its third party licensors retain all of its and their respective rights, title and interest to the Site and Content. (b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express permission of FMCNA. (c) This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The content of this Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. (d) Certain product, service, or company designations for companies other than FMCNA may be mentioned in the Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners. (e) Nothing contained in these Terms shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
2. PERMISSIBLE USE
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:
(a) The Content is used solely for personal, informational, or internal business purposes;
(b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
(c) all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
(d) the Content is not modified or altered in any way; and
(e) no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of this Site from any Acceptable Site (as defined below), but only if:
(a) You do not frame the Site or any portion of the Site;
(b) the hyperlink to the Site is not used in a way that suggests that FMCNA endorses you or your website;
(c) the link to the Site is not used or presented in any way that disparages FMCNA or tarnishes, blurs or dilutes the quality of FMCNA’s copyrights or trademarks or any associated goodwill; and
(d) the link to the Site is not displayed 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.
3. USER CONDUCT; USER SUBMISSIONS
In using the Site, you agree that you shall not:
(a) Delete, modify, hack or attempt to change or alter any of the Content on the Site;
(b) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
(c) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
(d) use any FMCNA copyrights, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
(e) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; or
(f) upload files that contain viruses, 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.
FMCNA does not claim ownership of any information or material a user provides to FMCNA or posts, uploads, inputs or submits to this Site by any means (“Submission”). Any Submission will be treated as non-confidential and non-proprietary, and may be disseminated or used by FMCNA for any purpose whatsoever and without restrictions, except where prohibited by law. By making a Submission, you automatically grant FMCNA an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, create derivative works from, transmit and distribute such Submission, alone or as part of other works in any form, media or technology whether now known or hereafter developed. You hereby waive all rights to any claim against FMCNA 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 Submission. Notwithstanding the foregoing, FMCNA is not required to use any Submissions.
You warrant and represent that you shall not transmit, post, upload, input or submit to this Site any Submission that is, or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party.
FMCNA does not represent or guarantee the truthfulness, accuracy, or reliability of any information or material posted, uploaded, input or submitted to this Site by users or endorse any statements, representations or opinions expressed 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.
4. MODIFICATIONS TO TERMS
FMCNA may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site.
5. TERMINATION OF SITE/MODIFICATIONS TO SITE
FMCNA reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you. Sections 1, 3, 4, this Section 5 and 8-19 of these Terms shall survive any termination of these Terms. FMCNA may also impose limits on certain features, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that FMCNA will not be liable to you or any third party in the event that FMCNA exercises its right to modify or terminate access to this Site or portions of this Site.
6. YOUR PRIVACY
FMCNA will treat any information it collects from you through this Site in accordance with its Privacy Statement (the “Privacy Statement”), which is hereby incorporated by reference. Please review the Privacy Statement before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Statement, please do not use this Site.
7. COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (“DMCA”) http://lcweb.loc.gov/copyright, FMCNA has designated an agent to receive notifications of alleged copyright infringement associated with the Site. FMCNA will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at firstname.lastname@example.org or through the address set forth at the end of this page. When notifying FMCNA of the alleged copyright infringement, please include all of the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b) identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by FMCNA to infringe a copyright or otherwise violate any Intellectual Property Rights, FMCNA will remove or disable access to any such material.
8. OTHER SITES, CONTENT, PRODUCTS AND SERVICES
9. 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. FMCNA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
10. NO INVESTMENT ADVICE; FORWARD LOOKING INFORMATION
Nothing on this Site constitutes investment advice, including FMCNA’s filings with the Securities and Exchange Commission. Any stock prices provided by this Site are not official market quotations and are not to be considered a substitute for obtaining pricing information from official sources.
This Site may contain information that includes or is based upon forward-looking statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They typically use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other similar words.
Forward-looking statements can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will be important in determining our actual future results. Consequently, no forward-looking statement can be guaranteed. Our actual results may vary materially, and there are no guarantees about the performance of our stock. Given these uncertainties, you should not place undue reliance on these forward-looking statements. You should review our SEC filings for more information on these and other factors besides those listed here that could also adversely affect FMCNA
11. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The Site is designed for educational purposes only. FMCNA does not provide medical diagnoses or recommendations about medical treatment, and does not recommend or endorse any products or information that may be contained in the Content for your particular circumstances. FMCNA encourages you to consult your health care provider with any questions or concerns you may have regarding your condition. THE CONTENT ON THIS SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE! IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. FMCNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FMCNA MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE 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 THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL FMCNA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF FMCNA HAS BEEN ADVISED OF THE POSSIBILTY 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.
You agree to indemnify, defend and hold FMCNA its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of another.
15. LIMITATION ON ACTIONS BROUGHT AGAINST FMCNA
You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by FMCNA to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
16. DISPUTE RESOLUTION
You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, FMCNA may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Boston, MA, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Massachusetts or to any Federal Court located within the State of Massachusetts for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 15 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Massachusetts.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
19. CONTACT INFORMATION
If you have any questions about these Terms, the practices of FMCNA or your dealings with this Site, please contact us through the address below. You may also contact us to update your personal information by notifying us when you change your name or email address.
Fresenius Medical Care North America
920 Winter Street
Waltham, MA 02451