Terms of Use

These Terms of Use describe the terms and conditions applicable to your use of www.viforpharma.com/us and any of the other websites and online services that link to these Terms of Use and the materials and information made available through such websites and services (the “Website”) operated by Vifor Pharma, Inc. (“Vifor Pharma,” “we,” “our,” or “us”). Please read and review these Terms of Use carefully before accessing or using the Website. By accessing or using the Website, you acknowledge that you have read and understood and hereby agree to these Terms of Use as a condition of using the Website. If you do not agree to these Terms of Use, you may not access or use the Website.

Vifor Pharma may, at any time, make changes to the Website and the information, materials, products, and services available through the Website. Any modifications will take effect when posted. Your continued use of the Website constitutes your agreement to the Terms of Use effective at the time of your use.

Website and Content are Not Medical or Professional Advice:

The information provided on the Website is for general informational and educational purposes. Certain sections of the Website are intended for particular audiences, including Vifor Pharma’s customers and shareholders, potential employees, healthcare professionals, and members of the general public. The content of the Website is not intended to provide medical advice nor be a substitute for advice provided by a doctor or qualified health care professional. Users should not rely on the materials on the Website for diagnosing a health or fitness problem or disease or in deciding on a treatment plan, drug usage, or any other medical advice. If you are not a healthcare professional or if you are in need of medical services, please consult with a qualified physician or other medical provider for medical advice or information about diagnosis and treatment. If you are a doctor or other qualified health care professional, you should not allow the content of the Website to substitute for your own medical judgment, which you should exercise in evaluating the information on the Website.

Content and Intellectual Property:

The Website and its features, functionality and entire contents, including but not limited to all information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sound, music, artwork, video, computer code, and the design, structure, selection, coordination, expression, and arrangement of any of the foregoing, contained on the Website (collectively, the “Content”) are owned by Vifor Pharma, its affiliates, its licensors or other providers of such material, and are protected by United States and international trademark, copyright, patent, trade secret and other intellectual property or proprietary rights laws.

You are only authorized to view, use, copy for your records, and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) on the Website for your informational, non-commercial, personal use, provided that you leave all copyright notices, including copyright management information, or other proprietary notices intact. Except as expressly provided in these Terms of Use, you may not use, display, download, store, modify, reproduce, transmit, reverse engineer, publicly display or distribute the Website, any Content on the Website, or the design or layout of the Website, or any portion thereof, in any form or media or create any derivative work based on the Website or Content without the express written permission of Vifor Pharma. You may not access, retrieve any data from, or otherwise perform any other activities on or through the Website using any type of software or other automated process (including without limitation scripts, robots, scrapers, crawlers, or spiders). Any commercial use, reproduction, transmission, or distribution of any information, software, or other material available through the Website without the prior written consent of Vifor Pharma is strictly prohibited.

Except as expressly granted herein, no right, title or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted in these Terms of Use are reserved by Vifor Pharma.

Trademarks:

All product names, Vifor Pharma’s company name, the Vifor Pharma logo and all related names, logos, product and service names, whether or not appearing in large print or with the trademark symbol (the “Marks”), are trademarks of Vifor Pharma, its affiliates, related companies or licensors, unless otherwise noted. The use or misuse of the Marks, except as expressly permitted herein, is expressly prohibited and may be in violation of trademark law, copyright law and other proprietary and intellectual property rights. You must not use such Marks without the prior written permission of Vifor Pharma. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

Privacy Policy and Your Content and Conduct:

We are committed to protecting your privacy and security and have explained the steps we take to do so in the Privacy Policy, available at http://www.viforpharma.com/us/privacy-policy and incorporated herein by reference. You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Website. Any information collected by the Website is governed by the Privacy Policy. Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this before emailing any information to us. Please do not send any confidential or patient or personal health information to us by email. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communications or other material that you send to us through the Internet is and will be deemed to be non-confidential and Vifor Pharma shall have no obligation of any kind with respect to such information. Vifor Pharma will be free to use any ideas, concepts, know-how or techniques contained in such communications for any purpose whatsoever, in its sole discretion and without compensation to you, including but not limited to, developing, manufacturing and marketing products.

You agree not to submit or transmit any materials or emails through the Website that (i) are defamatory, threatening, obscene or harassing; (ii) contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, disrupt, or limit the operation or functionality of the Website or of any Vifor Pharma system or server connected to the Website; (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission; or (iv) otherwise violate any applicable laws. Vifor Pharma shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Links:

The Website may include links to other websites operated by other entities as a convenience to you. Vifor Pharma makes no representations or warranties regarding the content or accuracy of any website that you may access through the Website. Vifor Pharma does not monitor and is not responsible for the content found on other websites that are linked from the Website. Inclusion of these links on the Website does not imply endorsement, recommendation, or sponsorship for any linked website, products, or advice described on the website. Accordingly, Vifor Pharma assumes no responsibility or liability for the content of any linked websites. Before entering any linked website, you should review and understand that website’s privacy policy and terms of use.

You may not link to the Website for commercial purposes without Vifor Pharma’s written permission. If you are interested in linking to the Website, please contact privacy@viforpharma.com.

No Warranties:

Vifor Pharma will use reasonable efforts to include accurate and current information on the Website. However, THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS AND VIFOR PHARMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. VIFOR PHARMA DOES NOT ENDORSE AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE WEBSITE AND CONTENT, AND VIFOR PHARMA WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. VIFOR PHARMA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY VIFOR PHARMA. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability:

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND CONTENT IS AT YOUR OWN RISK. VIFOR PHARMA, AND ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE AND CONTENT, SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF, OR RELIANCE ON THE CONTENT (EVEN IF VIFOR PHARMA OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY VIFOR PHARMA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnification:

You agree to indemnify and hold harmless Vifor Pharma, and our subsidiaries, affiliates, directors, officers, agents, licensors, or other partners and employees, from and against all liabilities, claims, losses and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of any content that you submit or transmit to or through the Website, your use of the Website, your violation of these Terms of Use, or your violation of any rights of another.

Governing Law and Miscellaneous:

You agree that all matters relating to your access to or use of the Website and Content, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without reference to its choice of law rules. If an applicable law is in conflict with any part of these Terms of Use, the Terms of Use will be deemed modified to conform to the law; the other provisions will not be affected by any such modification. You agree to the personal jurisdiction by and venue in the state and federal courts in San Mateo County, California, and waive any objection to such jurisdiction or venue.

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Any failure of Vifor Pharma to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by Vifor Pharma of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vifor Pharma without restriction.

Geographic Restrictions:

This Website and the Contents are intended to comply with the laws and regulations in the United States. Although the information on this Website is accessible to users outside of the United States, the information pertaining to Vifor Pharma products is intended for use only by residents of the United States. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States. This Website may link to other websites produced by Vifor Pharma’s affiliates that may be located outside the United States. Those websites may have information that is appropriate only to that particular originating country. Vifor Pharma reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Website is void where prohibited.

Separate Agreements:

You may have other agreements with Vifor Pharma. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise, or amend the terms of any other agreements you may have with Vifor Pharma.

Last Updated: February 2021