Updated October 10, 2014
CONTENT ON THIS SITE IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE FOR ADVICE GIVEN BY A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. HEALTH STATISTICS AND SIMILAR INFORMATION ON THE SITE ARE DERIVED FROM INDEPENDENT SOURCES. NEPHROGENEX AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY FOR INACCURACIES, MISSTATEMENTS, OR OMMISSIONS.
Use and Restrictions
Any use or reliance on any Content posted to the Site or obtained by you through the Site, including forward-looking statements and health statistics (as described in greater detail above) is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content posted via to the Site or endorse any opinions expressed on the Site.
• Links to Other Sites
The Site contains links to certain third-party web sites (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based on information Site visitors are likely to find interesting or helpful. Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. You should review applicable terms and policies, including privacy policies, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
• Permitted Uses
• Prohibited Uses
You may not use the Site for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventative or corrective actions to protect ourselves and other Site visitors. Your use of the Site is conditioned in part on your compliance with the rules of conduct, and your failure to comply may result in termination of your access to and use of the Site and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site you may not:
(a) impersonate any person or entity, or misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information;
(b) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information;
(c) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature;
(d) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or “frame” or “mirror” any portion of the Site;
(e) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way compromise the Site or harvest or collect information about or from other users;
(f) probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, such as a denial of service attack;
(g) access or use any portion of the Content if you are a direct or indirect competitor of NephroGenex, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of NephroGenex; or
(h) facilitate or encourage any violations of this Section.
Warranties, Disclaimers and Limitations of Liability
Disclaimer of Warranties
ALTHOUGH NEPHROGENEX MAKES EFFORTS TO PROVIDE AN ACCURATE SITE, THE SITE AND ALL PARTS THEREOF ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” NEPHROGENEX AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “NEPHROGENEX PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE AND CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, (4) THE SITE AND CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY NEPHROGENEX PARTY AND (5) THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE OR CONTENT IS AT YOUR OWN RISK AND NEPHROGENEX MAKES NO WARRANTIES.
Your reliance upon the information available on the Site, including any forward-looking statements as described above, is SOLELY AT YOUR OWN RISK. Your interactions with other third parties such as advertisers are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any such person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly.
The Site may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site will be operable at all times.
Limitation of Remedies
IN NO EVENT SHALL NEPHROGENEX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEPHROGENEX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
Term and Termination
Questions? Contact us at (609) 986-1780.