Terms and Conditions

Welcome to Nephros.com (the “Site”). Thank you for your visit. The terms and conditions set forth on this page (the “Terms of Use”) govern the use of the Site and any products and/or services offered through or in connection with use of and/or access to the Site (collectively, the “Services”), as provided by Nephros (“Nephros”, “we”, “us” or “our”). These Terms of Use apply to all visitors, users, subscribers, and others who access and/or use the Services (“you” or “your”), please read them carefully. BY USING THE SITE AND SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time upon written notice or posting to the Site. If we do this, we will indicate at the bottom of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly review these Terms of Use.

You acknowledge that by clicking “I agree” and/or registering for and/or accessing, browsing, and/or using the Site: (i) you have read, understand, and agree to these Terms of Use and to the collection and use of your personal information as set forth in our Privacy Policy; (ii) these Terms of Use are legal equivalents of signed, written contracts, and equally binding; (iii) if you are accessing and/or using these Services on behalf of a company, organization, or other entity, “you,” as used in these Terms of Use, includes you and that company, organization, or other entity; and (iv) you represent and warrant you are an authorized representative of that company, organization, or other entity with the authority to bind that company, organization, or other entity to these Terms of Use, and you agree to these Terms of Use on that company, organization, or other entity’s behalf.

  1. Age Restrictions

The Site is not intended for children under the age of 18 and no person under the age of 18 may use the Site. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

  1. Contact Information or Registration

Certain features, such as but not limited to, chat applications, feedback submission forms, and contact forms, require registering a valid email address with us. Your email address is personal to you, and you are responsible for maintaining the confidentiality and use thereof, and for all activities that are conducted using your email address. 

You agree that Nephros shall not be responsible or liable for any harm related to the use or disclosure of your email address.  You may not use another person’s email address to seek assistance or to submit information or to otherwise engage in communications with Nephros in the guise of someone else.  If you discover that someone has used your email address or are otherwise aware of a security breach in connection with your email address, you agree to notify Nephros in writing.

  1. Third-Party Tools and Plug-Ins

The Site may provide you with access to third-party tools, such as but not limited to certain mediated or automated response applications (chat apps), which Nephros does not have any control nor input over the functionality thereof.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

  1. Representations and Warranties

You hereby represent and warrant that:

  • you will not use or access the Site or Content (as defined below) if you are not able to form legally binding contracts (for example, if you are under 18 years old);
  • you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or applications associated with the Site and/or the Content;
  • unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site and/or the Content;
  • you will access and use the Site in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and the terms and conditions of these Terms of Use; and
  • you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you using the Site and/or the Content and all such information and content: (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm us or any third parties; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of us or any third party; and (6) do not violate these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries)
  1. Ownership, Copyright and Confidentiality

The Site is owned and operated by Nephros. Unless otherwise noted, all design and content included therein, including text, graphics, logos, icons, images, artwork, audio and video clips, product manuals or documentation and software (“Content”) is the property of Nephros (or is used under license to Nephros) and is protected by United States and international copyright laws.

Nephros reserves all right, title and interest in and to such Content. To the extent any portion of the Site or Content is disclosed to you that is not disclosed to the general public or to individuals who have not registered an account with Nephros, you agree that such portions of the Site or Content are confidential information (“Confidential Information”) of Nephros. You further agree not to use or disclose any confidential portions of the Site or Content to any third party, or use or disclose such Confidential Information for any purpose not contemplated by this Agreement. To the extent that the Confidential Information is considered under the laws of a relevant jurisdiction to constitute a trade secret, you hereby agree that such Confidential Information shall be maintained in confidence indefinitely. 

  1. Trademarks

Nephros, Nephros.com, and other marks indicated on the Site are trademarks and/or service marks of Nephros or its affiliates. Other graphics, logos, headers, icons, scripts, and service names are also trademarks or trade dress of Nephros. Nephros trademarks, service marks and trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Nephros. All other trademarks related to the Site are the sole property of their respective owners.

Nothing on the Site or in these Terms of Use should be construed as any license or right to use any trademarks or service marks displayed therein without the express written permission of Nephros or the trademark or service mark owner. Neither the names “Nephros.com” or “Nephros” nor Nephros logos may be used for any purpose without our prior written consent. Our logos may not be used as a link to any other web site without obtaining our prior written consent.

  1. Use of Site and Content

The Site and Content are intended solely for personal use by visitors. Any use of the Site or accompanying Content other than for personal purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of the Site. You may use the Site, however, subject to a revocable license and not a transfer of title, so long as you agree to not (a) modify the Content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the Content, or (c) remove any copyright, trademark registration, or other proprietary notices from the Content. You further agree not to access or use the Site in any manner that may be harmful to its operation or Content.

VIII. Modification to the Site

Nephros reserves the right to modify or discontinue, temporarily or permanently, Site, Content or Services or any part of any of the foregoing with or without notice. You agree that Nephros shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.

IX. Comments and Suggestions

We appreciate hearing from our users and welcome your comments and suggestions regarding the Site and Services, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.

If you do submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those that we have specifically requested. Nephros values your feedback on our products and our services but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions, or materials. Any feedback, comments, or suggestions that you do send to will become the property of Nephros and shall not be subject to any obligation of confidentiality on the part of Nephros. Nephros shall not be liable for any use or disclosure of any such feedback, comments, or suggestions. Nephros shall be entitled to unrestricted use of any such feedback, comments, or suggestions for any purpose whatsoever, commercial, or otherwise, without compensation to you or any other person who submitted the information.

The Site may permit you to upload or transmit content such as, but not limited to, text, graphics, images, submissions, articles, message boards posts, user comments, user reviews, or other information and materials (“Provided Materials”). 

You agree that all Provided Materials shall be governed according to the following:

(a)    any Provided Materials that are subject to an existing agreement between you and Nephros shall be governed by the terms of that existing agreement;

(b)   all documents or content included in the Provided Materials shall be covered by a grant, or warrant, that the owner of such content or intellectual property has expressly granted and hereby does grant Nephros a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.  Nephros may sublicense its rights through multiple tiers of sublicenses. 

Functionality permitting, you may also upload such Provided Materials via official social media platforms relating to the Site or Nephros (including, without limitation Facebook, Twitter, YouTube, Instagram, collectively “Social Media Platforms”).

Nephros is not responsible for the operation, terms of use or policies of any of the Social Media Platforms.  Before using any of the Social Media Platforms you should review its terms of use and policies, including its privacy policy.

X.  Other Sites

The Site contain links to web sites that are not maintained by Nephros. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link on the Site does not imply our endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.

XI. Geographic Scope

Nephros.com is directed to people residing in the United States and its territories.  Nephros does not represent that any Content available on or through the Site is appropriate or available in other locations.  If you choose to access the Site from outside the United States, you do so at your own risk, and Nephros shall not be liable for any use or access of the Site from outside the United States.

XII. No Guarantee

Nephros cares about your privacy.  You acknowledge that you have read the Privacy Policy linked here [www.Nephros.com/privacy].  As with this Agreement, the Privacy Policy is subject to change without notice, at Nephros’s sole discretion.  Please refer the Privacy Policy regularly for updates, which will be posted from time to time.

XIII. Disclaimer of Warranties and Limitation Of Liability

THE SITE, SERVICES, CONTENT, MATERIALS AND INFORMATION PROVIDED BY NEPHROS ON ANY ITS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU ASSUME THE ENTIRE RISK OF AND AGREE THAT NEPHROS NOR ANY OF AFFILIATES EXISTING FROM TIME TO TIME (“NEPHROS ENTITIES”) SHALL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTIES, AND AGREE TO RELEASE AND DISCHARGE ALL OF THE NEPHROS ENTITIES FROM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY LOSS, COST, CLAIM OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR OTHERWISE) ARISING OUT OF THE SITE, SERVICES, CONTENT OR YOUR USE OR ACCESS TO ANY OF THE FOREGOING OR RELATING TO THE QUALITY, ACCURACY, SECURITY, PERFORMANCE, OR FAILURE OF THE SITE, SERVICES, CONTENT, ANY PROPRIETARY OR THIRD PARTY TECHNOLOGY OR SERVICE WE MAY USE TO PROVIDE THE SITE, SERVICES, CONTENT OR ANY INFORMATION OR CONTENT RECEIVED FROM, OR CREATED BY YOU OR ANY THIRD PARTY. NEPHROS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON ITS SITE(S). YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE SITE, SERVICES, AND/OR CONTENT IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEPHROS DISCLAIMS ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY RELATING TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, TIMELINESS, CURRENCY, ABSENCE OF VIRUSES OR DAMAGING OR DISABLING CODE, ANY WARRANTIES OR REPRESENTATIONS THAT THE SITE, COTENTENT SERVICES OR ACCESS TO ANY PORTION OF IT WILL BE (I) UNINTERRUPTED OR ERROR-FREE, OR (II) THAT DEFECTS IN THE SITE, CONTENT OR SERVICES WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE HAVE NO RESPONSIBILITY TO INFORM OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE SITE, SERVICES OR CONTENT OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWS, WE ALSO WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE THE SITE, SERVICES OR ANY CONTENT DISPLAYED IN OR AVAILABLE THROUGH THE SITE OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION AND THE INDEMNITY BELOW EQUITABLY ALLOCATE THE RISKS BETWEEN US AND YOU. YOU UNDERSTAND THAT OUR PROVISION TO YOU OF ACCESS TO THE SITE, SERVICES OR CONTENT IS SET IN RELIANCE UPON THIS ALLOCATION OF RISK AND THE EXCLUSION OF DAMAGES SET FORTH IN THESE TERMS OF USE.

EXCEPT TO THE EXTENT A COURT OF APPLICABLE JURISDICTION FINDS IN A NON-APPEALABLE JUDGMENT THAT SUCH LIABILITY RESULTED DIRECTLY AND PRIMARILY FROM NEPHROS’ WILLFUL MISCONDUCT OR FRAUD, NEPHROS’ LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF NEPHROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTIES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). IN ANY EVENT, NEPHROS WILL NOT HAVE ANY LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF NEPHROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE, OPPORTUNITY, USE, OR DATA (IN EACH CASE, WHETHER DIRECT OR INDIRECT), OR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

XIV.   Indemnity; Waiver

You agree to indemnify, defend and hold harmless Nephros, its affiliates existing from time to time, and its and their respective partners, members, directors and officers (“Nephros Entities”) from any and all claims, judgments, causes of action, liabilities, obligations, damages, losses, deficiencies, costs, penalties, interest and expense (including without limitation, the reasonable fees and expenses of counsel), in each case as incurred arising from or in connection with (i) the Site, Content and/or the Services or any and all access or use of any of the foregoing, including without limitation, by or through you, (ii) your violation of any third-party right, including without limitation, any right of privacy or intellectual property rights, (iii) your violation of any applicable law, rule or regulation, and/or (iv) any breach by you of these Terms of Use.

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

XV. Termination

You agree that Nephros, in its sole discretion, may suspend or terminate your use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Nephros believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. Nephros may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be affected without prior notice and acknowledge and agree that Nephros may immediately bar any further access the Site. Further, you agree that Nephros shall not be liable to you or any third-party for any termination of your access to the Site.

XVI.   Applicable Law

By using the Services, including visiting the Site, you agree that the law of The State of New Jersey, without regard to principles of conflict of laws, shall govern these Terms of Use and any dispute that may arise between you and Nephros. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Nephros relating to your access to and use of the Site.

XVII. Digital Millennium Copyright Act Enforcement (DMCA)

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Nephros’s copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location.  Please describe the material and provide Nephros with its URL or any other pertinent information that will allow Nephros to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Nephros agent for copyright issues relating to the Site is as follows:

Nephros

Attn: COPYRIGHT NOTICE

380 Lackawanna Place

South Orange, NJ 07079

XVIII. General

These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and Nephros and govern your use of the Site, superseding any prior agreements between you and Nephros with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use third party services, third-party content, or third-party software. The failure of Nephros to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to the Terms of Use or other matters by displaying notices or links to notices generally on the Site.

Once again, we thank you for your interest in Nephros. We hope that your experience on the Site is enjoyable. Please contact us at info@nephros.com  to pose any questions regarding these Terms of Use.

Last updated: 2022