You must agree to the Terms & Conditions to continue:
These Terms & Conditions (T&C) govern the use of the online Press Kit of NxStage Medical, Inc. (NxStage). The intended users of this Press Kit are (a) media representatives (including press representatives, bloggers, and neutral product reviewers), (b) customers who purchase NxStage products to provide extracorporeal therapy to patients, and (c) any other party with explicit written approval from NxStage to view and use the Press Kit (each of (a), (b) and (c), a Userand collectively, the Users). If you cannot reasonably be considered a User or if you have concerns as to whether it is appropriate for you to view and use the materials in this Press Kit, please contact us to seek permission by using theContact Us feature on this Press Kit
By accessing, browsing, downloading materials from or otherwise using this Press Kit, you accept, without limitation or qualification, these T&C and acknowledge that (a) you meet the definition of a “User”, (b) you have read and understood these T&C and (c) these T&C have the same force and effect as a signed agreement. If you do not agree to abide by all of the provisions contained in these T&C, you must not access or use the Press Kit or any materials downloaded therefrom. The general Terms of Use of NxStage’s website also apply to the Press Kit. Certain but not all of those Terms of Use are repeated in these T&C.
Use of Information and Photos
NxStage hereby grants each User a personal, nontransferable, limited, non-exclusive, revocable right and license to download and use, repost, publish or display the materials (including copyright-protected photographs); provided that the following uses are strictly prohibited:
- Using any materials, including photographs, to promote a business that competes with NxStage or with the intent to adversely or negatively impact, or with the potential or actual effect of adversely or negatively impacting, NxStage’s business or reputation
- Quoting materials out of context
- Modifying or altering photographs in any fashion, including using photographs separate from their accompanying text
As a condition of your use of the Press Kit, you promise that you will not use the Press Kit or any information contained on the Press Kit for any purpose that is unlawful or prohibited by these T&C, and acknowledge that any such use of the Press Kit is unauthorized. No license is granted herein to anyone other than a party that meets the definition of a “User”.
Termination
NxStage reserves the right to automatically terminate the license granted above immediately and without notice if you fail to comply with any provision of these T&C in NxStage’s sole discretion. Upon termination, you must immediately stop using all materials provided by NxStage, delete any materials downloaded and stored in any electronic media and destroy all other copies. NxStage reserves the right to discontinue the use of any materials for any reason and may elect to replace the materials with alternate materials. Upon notice of any discontinuance of the use of any particular materials, you agree not to use such materials in the future.
Proprietary Rights
NxStage claims proprietary rights in all product names, marks and copyrighted works (including photographs) in the Press Kit. Any and all copyright, trademark and other proprietary rights notices must appear on all uses of these materials.
Disclaimer
THE MATERIALS, INFORMATION, AND CONTENT PROVIDED IN THIS PRESS KIT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NXSTAGE HEREBY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS PRESS KIT IS FREE OF VIRUSES AND OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Limitation of Liability
IN NO EVENT WILL NXSTAGE OR ANY OF ITS AFFILIATES OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH NXSTAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS PRESS KIT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify, and hold NxStage, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees, representatives and agents, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, due to or arising out of, or in any way connected with your use of or access to the Press Kit or your violation of these T&C.
Questions
To ask questions or seek permission for any uses not expressly authorized by these T&C, please contact NxStage by using the Contact Us feature on this Press Kit.
