Acceptance of Terms of Use

Welcome to the website (the "Site") of NxStage Medical, Inc. ("NxStage"). Your access to and use of the Site is subject to the following terms and conditions (the "Terms of Use") and all applicable laws. By accessing, browsing, downloading materials from or otherwise using this Site, you accept, without limitation or qualification, these Terms of Use and acknowledge that (a) you have read and understood these Terms of Use and (b) these Terms of Use 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 Terms of Use, you must not access or use the Site.

In addition to the rules in these Terms of Use, you are subject to any additional terms that apply when you access particular services or materials on certain areas of this Site, such was when you follow a link from this Site.

These Terms of Use were last updated on October 28, 2011. We may change these Terms of Use and any additional terms on specific web pages within the Site at any time. Please review the Terms of Use each time you visit the Site. By using this Site, you accept the most recent version of the Terms of Use.

Permissible Use of Site
NxStage authorizes you to use the Site and view and download materials from the Site solely for personal, non-commercial uses. You are prohibited from collecting content or information, or otherwise accessing the Site, using automated means (such as harvesting bots, robots, spiders or scrapers) without NxStage's written permission. As a condition of your use of the Site, you promise that you will not use the Site or any information contained on the Site for any purpose that is unlawful or prohibited by these Terms of Use, and acknowledge that any such use of the Site is unauthorized.

Geographic Scope of Site
This Site is intended for use by United States residents only and contains information regarding NxStage products and services available for sale or distribution within the United States. If you live outside the United States, you may see information on this Site about products or services that are not approved or marketed in your country and any references to such products or services do not imply that NxStage intends to announce or offer these products or services in your country.

No Medical Advice
The medical device products listed on this Site are only available upon prescription from a medical doctor or other qualified healthcare provider. The information on this Site is provided for informational and educational purposes only and is not intended or recommended as a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition or treatment. PLEASE CONTACT A MEDICAL PROFESSIONAL OR CALL 911 IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY.

We may also include certain information and videos that are intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.

Copyright Notice
With the exception of the foregoing limited authorization, no license to or right in the information presented on the Site, or any copyright of NxStage or of any other party is granted or conferred to you. Except as authorized above, you may not use, e-mail, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any content or information from the Site in whole or in part without the express written permission of NxStage.

Information on the Site may not be copied other than for non-commercial individual reference and any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page. Any modifications to the materials on this Site, and any distribution, transmittal, reuse, reposting, reproduction, or public display for commercial purposes is prohibited.

Proprietary Rights
You should assume that all product names appearing on this Site, whether or not appearing with the trademark symbol are trademarks of NxStage or its affiliates or third parties who have licensed their trademarks to NxStage or one of its affiliates. This Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of NxStage and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of NxStage and/or other parties is granted to or conferred upon you. 

All information on the Site is subject to change or modification without notice. All rights not expressly granted herein are reserved to NxStage. Please be advised that NxStage enforces its intellectual property rights to the fullest extent of the law.

Links to this Site
NxStage has not reviewed any or all of the third party websites which contain links to this Site and is not responsible for the content of any such off-site pages or any other sites linked to the Site.

If you wish to link your website to this Site, you may only link to the home page. You may not link to any other pages within this Site (or otherwise deep-link) without the prior written consent of NxStage. Quotation or use of one or more portions of this Site in any third party website without prior written consent is likewise prohibited. You may not link to the Site in any way that suggests that NxStage endorses you or your website, or that you are affiliated or associated with NxStage. Your link must be identified using a plain text rendering of the NxStage name and not any NxStage trademark or logo. In addition, your link may not be used or presented in any way that disparages NxStage or tarnishes, blurs or dilutes the quality of NxStage's names or trademarks or any associated goodwill. You agree that we may terminate your right to link to the Site at any time for any reason or no reason. In such event, you agree to remove and disable any and all of your links to this Site immediately.

Links to Other Websites
The Site may contain links to other internet websites or resources. When you link to those sites, you leave the Site and therefore the NxStage Privacy Policy no longer applies; you become subject to the practices of those companies or individuals operating the linked sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information gathering practices. NxStage has no control over such sites, their content and resources or the business practices or policies of operators of such sites. Therefore NxStage cannot be and expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Site does not imply that NxStage endorses the linked site. Your use of the links is at your own risk. You further acknowledge and agree that NxStage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such goods, services or materials available on or through any such link, site or resource.

Your Feedback, Comments and Ideas
NxStage welcomes your comments and feedback. Please be advised, however, that by submitting information to this Site, you agree that:

  1. Any information that you submit through this Site will be considered non-confidential and non-proprietary, and any personally identifiable information you submit will be treated in accordance with our Privacy Policy.
  2. If you submit any information through this Site, including, without limitation, ideas for new products or technologies, information, concepts, data, know-how, techniques or materials, you automatically grant to NxStage an unrestricted, royalty-free, fully paid-up, perpetual, irrevocable, sublicenseable, worldwide, non-exclusive license to use, reproduce, display, create derivative works from, perform, publish, translate, modify, transmit and distribute this information in any medium now known or hereafter developed. NxStage is free to use such ideas, information and materials for any purpose including, but not limited to, developing, manufacturing and marketing products.
  3. By submitting any information through this Site, you represent to NxStage that you have the authority to make such disclosure(s) to NxStage and that such disclosure does not conflict with or violate any law or any agreement, instrument or understanding, oral or written, to which you are a party and by which you may be bound.
  4. By submitting any information through this Site, you acknowledge that (a) submission of this information to NxStage, including any ideas, amounts to public disclosure and (b) NxStage is under no obligation to implement any ideas submitted.
  5. If you are a health care provider, you will not submit confidential health or medical information about your practice or patients.
  6. You are solely responsible for any information you submit, you will not attempt to impersonate another individual, and you will not submit any content that violates any law, infringes the rights of any other party, or is defamatory, obscene, threatening, abusive or otherwise inappropriate.

Resume Submission
NxStage may allow online submission of resumes and other information in response to job postings on the Site. Any personal information you submit in this manner is subject to our Privacy Policy. You agree not to submit any false or inaccurate biographical information. Recruiters representing candidates may not send candidates' resumes in response to job postings on the Site. There is a risk that your resume may be lost or intercepted by a third party if you submit it to NxStage through the Site; you agree not to hold NxStage responsible for any loss arising from the transmission or use of resumes obtained through the Site. In addition, NxStage may contract with a third party service provider to host the resume submission page.

Images of People
Images of people may be used throughout the Site to illustrate stories, testimonials, and quotations. The images of people contained throughout Site are not necessarily patients, families of patients, or physicians and in some cases the people in these images are professional models.

Disclaimer
THE MATERIALS, INFORMATION, CONTENT AND SERVICES PROVIDED ON THIS SITE 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. NXSTAGE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE.

NXSTAGE MAKES NO WARRANTY THAT (A) THIS SITE WILL MEET YOUR REQUIREMENTS, (B) USE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, © THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE 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 SITE, ANY WEBSITES LINKED TO OR REFERENCED IN THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, 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 Site or your violation of these Terms of Use.

No Implied Waiver
NxStage's failure to exercise or any delay by NxStage in exercising a right or remedy provided by these Terms of Use or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. Any of these Terms of Use may only be waived in writing and no waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Jurisdiction and Venue
NxStage is headquartered in Lawrence, Massachusetts, in the United States of America, and controls this Site from within the United States of America. If you access the Site outside the United States of America, you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. You may not access, download, use or export the Site or its content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

By using this Site, you agree that the only proper jurisdiction and venue for any dispute with NxStage, or in any way relating to your use of this Site, is in the state and federal courts in the Commonwealth of Massachusetts, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving NxStage or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by and construed in accordance with the internal substantive laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions, and the federal laws of the United States. If any provision of these Terms of Use is determined to be invalid, unenforceable or void by any court having competent jurisdiction, such determination shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. You agree to allow such court to replace any such invalid, unenforceable or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable or void provision.

Securities Laws
This Site may include forward-looking statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives. These statements are based upon a number of assumptions and estimates which are subject to significant risks and uncertainties, many of which are beyond our control. When used on the Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities filings or documents. Actual results may differ from those discussed in the forward-looking statements and may be adversely affected by, among other things, risks associated with other factors described in our filings with the Securities and Exchange Commission.

Other Rules About This Site
Please read our Privacy Policy to learn how we use information that we collect through this Site.

NxStage reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. NxStage shall not be liable to you or any third party in the event that NxStage exercises its right to modify or discontinue the Site (or any portion of the Site).

These Terms of Use, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by NxStage on the Site, and any modifications to the foregoing constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms of Use shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

Questions, Comments and Notices
NxStage may deliver notice to you by electronic mail, a general notice on this Site, or by written communication delivered by First Class U.S. Mail to your address on record with NxStage. You may deliver notice to NxStage by using the Contact Us feature on this Site.

Click here to view our privacy policy.

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