Last updated and effective as of February 3, 2016
Welcome to the Fmcna-Crit-Line.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
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, e-mail 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 e-mail stating your request to 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.
Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
6. USE OF SITE AND CONTENT
You must not:
7. PROHIBITED USES OF THE SITE AND CONTENT
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:
Subject to the foregoing, you must not:
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 non-confidential and non-proprietary, 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 Contribution and Submission, 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 Contribution and Submission, 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 Contribution and Submission. Notwithstanding the foregoing, we are not required to use any User Contribution and Submission.
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:
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:
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
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 health care 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, NON-INFRINGEMENT 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 OURTHIRD 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. 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.
25. ACKNOWLEDGEMENT AND ENTIRE AGREEMENT
26. WAIVER AND SEVERABILITY
27. CONTACT INFORMATION
Fresenius Renal Technologies 2008 HD Series Program Management
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, Crit-Line, CLiC, 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.