TERMS AND CONDITIONS

This section states the Terms and Conditions under which you may use the Nutritional Support Tools. Baxter Healthcare S.A. ("Baxter", "our," or "us") may modify these Terms and Conditions at any time at its discretion by updating this posting.

Access to the Nutritional Support Tool

You agree to use The Nutritional Support Tool for lawful and ethical purposes only. Sending unsolicited advertising, viruses, or other harmful data is prohibited.

Purpose of Website

The Nutritional Support Tool is a web application developed to support healthcare professionals. The information of Baxter products that is provided is based on product information (SmPC) only. It is the ultimate decision of the healthcare professional to decide, which solution in which quantity and ingredients is appropriate for which type of patient. The Nutritional Support Tool and the contents of this Website, including all information, text, graphics, images, hyperlinks (the "Materials"), might contain information on medical and health-related topics and such information is for general educational purposes only. The Nutritional Support Tool is not intended to be, nor should be, used for purposes of providing medical treatment or attention or making medical or health-related decisions. It is the ultimate decision of the healthcare professional to decide, which solution in which quantity and ingredients is appropriate for which type of patient. The tool might help/support in compounding the final solution. Information in the Materials may not be current and may be superseded by more recent information published by us.

Links to Other Sites

This Website may contain links to other Websites, which are provided solely as a convenience to you and not as an endorsement, recommendation, or certification by us, our affiliates, agents, editors, or licensors, of the contents of such other Websites. We, our affiliates, agents, editors, and licensors will not be responsible for the content of any such Web sites (including, without limitation, those sites that provide links to this Web site) and do not make any representations or warranties regarding any other Websites or the contents or materials on such Web sites. If you decide to access other Websites, you do so solely at your own risk.

No Warranties or Liability

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, documents, products, software, services and written and other materials that are part of this Website (collectively, the "Materials") are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to Baxter or third parties ( "Third-Party Providers"). Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Baxter or the Third-Party Provider. No part of the Site, including logos, graphics, sounds, images, layout or design may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Baxter. You also may not, without Baxter's prior express written permission, "mirror" any Material contained on this Web site on any other server. Any use of these Materials on any other Website or networked computer environment for any purpose is prohibited. Any unauthorized use of any Materials contained on this Web site may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties.

Indemnity

You agree to reimburse, defend, indemnify and hold Baxter, its present and future affiliates, employees, agents and successors and assigns harmless from, against and in respect of, any and all losses resulting from, or arising from your use of the Web site and the Materials or your breach of these Terms and Conditions.

Applicable Law

The laws of Switzerland applicable govern these Terms and Conditions without reference to any conflict of law principles. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and Baxter and may only be modified by us at our discretion. The Nutritional Support Tool contains information about products, which may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or as an indication for any product that is not authorized by the laws and regulations of the country where the reader resides.

Confidentiality and Security on the Internet

Baxter has taken measures it believes are appropriate to ensure the security and confidentiality of any information that you provide to this Web site, however, the Internet is not an absolutely secure medium, and is not under Baxter's control. Use of the Internet is solely at your own risk and is subject to applicable laws and regulations. For details of the way in which Baxter deals with information relating to you or your patients, please refer to the Privacy Policy.

Applicable Law

1. In determining to publish information on The Nutritional Support Tool, we have consulted sources that we believe to be reliable; however, due to the possibility of errors, we cannot and do not represent or warrant that such information is complete or accurate in whole or in part, and we do not assume any duty to update such information subsequent to the date of its publication. Accordingly, Baxter and its affiliates, agents, editors, licensors, successors and assigns make no warranties of any kind regarding this Web site and the Materials, all of which are provided on an "as is" and "when available" basis. We, our affiliates, agents, editors, and licensors disclaim all representations and warranties, including any implied warranties and conditions of any kind, including the suitability of the Materials as a basis for medical decisions, implied warranties of merchantability, non-infringement and fitness for a particular purpose. We, our affiliates, agents, editors, and licensors make no warranty as to the accuracy, reliability, veracity, completeness, or suitability of the Materials or about the results obtained using the Materials
2. In no event will we, our affiliates, agents, licensors, successors or assigns be liable to you or anyone else for any decision made or action taken (or not taken) by you in reliance on the materials. The information on this web site is provided "as is" without any warranties express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no representation or warranty that the information contained in this web site will be timely or error-free. You agree that we, our affiliates, agents, editors, and licensors, and any third party mentioned in this web site, will not be responsible for any loss or damages (including, without limitation, direct, indirect, incidental, special, or consequential damages), or loss of data, loss of life, bodily injury, or loss of profit, even if we or one or more of our affiliates, agents, editors, or any third party mentioned in this web site has been advised of the possibility of such damage or loss.
3. Use of the web site or materials and any reliance on the materials is at your own risk.

Termination of accounts

Baxter and/or Site Administrator may terminate your access to any part or all of The Nutritional Support Tool and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Baxter reserves the right without explanation, to deny access to any prescriber or healthcare provider customer that is suspected of unlawful activity, and to report this activity to the proper authorities. Baxter will have no obligation to notify any third parties nor will Baxter be responsible for any damages that may result or arise out of termination of a The Nutritional Support Tool account. Notwithstanding anything contained herein to the contrary or otherwise, upon the termination of a The Nutritional Support Tool account, Baxter shall not be liable to customer because of such termination for compensation, reimbursement or damages on account of the loss of prospective profits, goodwill or commitments made by or on behalf of customer, or for any other reason whatsoever flowing from such termination; provided, however, that the termination of this Agreement shall not release customer from its obligations and liability to Baxter with respect to any monthly or transaction fees that became due and owing prior to such termination. The limitation of liability set forth above shall apply to any claim, action or proceeding prosecuted by customer as a result of Baxter's termination of a The Nutritional Support Tool account.

Service Availability

Baxter provides reasonable efforts to ensure that The Nutritional Support Tool functions properly and in a timely manner. However Baxter does not guarantee the availability of The Nutritional Support Tool. Baxter frequently updates The Nutritional Support Tool and the Web site will not be available during system maintenance and upgrades.

Variations to these Terms and Conditions

Baxter may, from time to time, make changes to these terms and conditions. However, you will be informed of such changes by a notice on this Website. You will be asked to agree to the changes before entering the site on the date of notice.