Terms of Use

Akebia Therapeutics, Inc. (“we” or “Akebia”) has provided this Website (the “Site”) for general information and educational purposes only. Use of the Site is conditioned upon your acceptance of the terms and conditions below. By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to these terms and conditions. These terms and conditions are subject to change from time to time, so you should review these terms and conditions for changes periodically. Use of the Site after such changes constitutes your acceptance of the terms and conditions in effect at the time of such use.

Privacy

Your use of the Site will be governed by the Akebia Privacy Policy. By indicating your acceptance of these Terms and Conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

Our Intellectual Property

This Site is owned and operated by Akebia. No material from this Site or any site owned, operated, licensed, or controlled by Akebia may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your internal non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Akebia’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other site or networked computer environment is prohibited. Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Akebia or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site. Akebia reserves all of its intellectual property rights in the Site, and these Terms of Use do not grant you any right or license with respect to any such intellectual property except as provided by this paragraph.

Links

For your convenience, this Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by Akebia. Such links do not constitute an endorsement by Akebia of any such sites. Furthermore, Akebia does not control the content on such sites, and Akebia does not make any express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through such linked sites. Akebia disclaims any and all liability and responsibility for such content and privacy practices found on third party sites hyperlinked from the Site.

If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:

• you do not remove, distort or otherwise alter the size or appearance of the Akebia logo;
• you do not create a frame or any other browser or border environment around this Site;
• you do not in any way imply that Akebia is endorsing any products or services other than its own;
• you do not misrepresent your relationship with Akebia nor present any other false information about Akebia;
• you do not otherwise use any Akebia trademarks displayed on this Site without express written permission from Akebia;
• you do not link from a site that is not owned by you; and
• your site does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

Akebia expressly reserves the right to revoke the right granted in this paragraph for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Akebia for any loss or damage suffered by Akebia or any of its group companies for breach of this paragraph.

No Warranty

DO NOT RELY ON ANY INFORMATION PROVIDED ON THE SITE, OR ITS CONTINUATION. WE PROVIDE THE SITE AND ALL RELATED INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AKEBIA DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.

AKEBIA DOES NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SITE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. AKEBIA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AKEBIA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

Limitation of Liability

In no event will the aggregate liability that Akebia may incur in any action or proceeding exceed $100. Furthermore, under no circumstances will Akebia, its suppliers or licensors, its officers, directors, employees, agents, trustees or affiliates be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims arising out of or related to the Site and any information provided on or in connection with the Site (including, but not limited to, use of or reliance on the Site, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. The limitations, exclusions and disclaimers set forth in this section will not apply only if and to the extent that the law or a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions and disclaimers. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different.

Indemnification

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by your failure to comply with these Terms of Use.

Medical Information

This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Akebia shall have no obligation of any kind with respect to such information. Akebia shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Governing Laws

This Terms of Use Agreement and your use of the Site shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts without regard to its conflicts of laws principles. Any legal action or proceeding related to the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts.

Miscellaneous

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. Akebia reserves the right to alter or delete materials from this Site at any time at its discretion.