1. Use of the Site
You understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other materials, (the "Materials"), are the sole responsibility of the person from which such Materials originated. This means that you, the visitor/user, and not the Kidney & Urology Foundation of America, are solely responsible for all Materials that you upload, post, email, transmit or otherwise make available (collectively "Upload") via any portion of the Site. We do not control all of the Materials posted via the Site and, as such, cannot and do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Site, you may be exposed to Materials that may be offensive or objectionable. Under no circumstances will the Kidney & Urology Foundation be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials Uploaded via the Site.
You agree to not use the Site to:
- Upload any Materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, a Kidney & Urology Foundation of America representative, or misrepresent your affiliation with a person or entity;
- Upload any Materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
- Upload any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any Material that contains software viruses or the like.
You understand and agree that the Kidney & Urology Foundation of America does not pre-screen Materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any Materials posted to the Site.
The Kidney & Urology Foundation and our respective agents and representatives, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose. The material provided on the Kidney & Urology Foundation's Site is designed for educational and entertainment purposes only.
The information on the Kidney & Urology Foundation of America's Site is provided with the understanding that the Foundation is not engaged in rendering medical advice or recommendation. You should not rely on any information in text files, messages, or articles on this Site to replace consultations with qualified health care professionals to meet your individual medical needs. Materials copyrighted by the Kidney & Urology Foundation are for personal use only. Permission to otherwise reprint or electronically reproduce any document in part or in its entirety is expressly prohibited, unless prior written consent is obtained from the rightful owner or the Kidney & Urology Foundation of America.
The compilation of information on the Kidney & Urology Foundation of America's Site, including the design and organization, is copyrighted and may not be reprinted nor electronically reproduced. Information copyrighted or owned by any individual or entity other than the Kidney & Urology Foundation of America is for personal use only.
2. Termination of Use
You agree that the Kidney & Urology Foundation, in its sole discretion, may remove and discard any Materials within the Site, for any reason. The Kidney & Urology Foundation of America 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 the Kidney & Urology Foundation shall not be liable to you or any third party for any termination of your access to the Site.
3. Use of Uploaded Materials
The Kidney & Urology Foundation does not claim ownership of Materials you Upload on the Site. Should you Upload Materials via the Site (either by offering suggestions via e-mail or participating in any interactive opportunities available on this Site from time to time), such information shall be considered non-confidential and the Kidney & Urology Foundation of America shall have no obligation of any kind with respect to such information, and shall be free to use any ideas, concepts, or information contained in such Materials without any obligation and for any purpose, including but not limited to developing, manufacturing, and marketing products or services incorporating such information. In addition, you grant the Kidney & Urology Foundation a world-wide, royalty free and non-exclusive license with respect to Materials to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Materials on the Site: (i) to provide and promote the specific portion of the Site to which such Materials were submitted or made available, and (ii) for the purpose for which such Materials were submitted or made available.
You agree to indemnify and hold the Kidney & Urology Foundation of America, and its affiliates, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Materials you Upload, your use of the Site, your connection to the Site, or your violation of any rights of another user. KUFA retains the right to turn over any materials if legally requested to do so.
4. Use of the Online Forum
Information shared in the Online Forum area of this site is not reviewed by the Kidney & Urology Foundation of America (KUFA). This service is provided for you to share personal experiences with kidney & urologic conditions. Patients and their caretakers should consult with the appropriate medical provider(s) regarding their health condition before undertaking any treatment(s) for medical conditions. KUFA cannot be held liable for any recommendations made by users and visitors to our web site. If you are aware of a copyright violation, please contact firstname.lastname@example.org
Protecting the privacy of the very young is especially important. For that reason, children under age 13 are prohibited from entering the KUFA Forums Area. KUFA adheres to the 1998 Children's Online Privacy Protection Act (COPPA). (For more information visit the Federal Trade Commission's COPPA site.)
If you participate in the Forums area within the KUFA Site, you cannot:
- Be under the age of 13;
- Advocate or discuss illegal activities;
- Post or distribute any vulgar, obscene, discourteous, unlawful, obscene, defamatory, unwelcome, threatening, harassing, abusive, slanderous, hateful, or indecent language or images or as determined by KUFA in its sole discretion;
- Advertise, sell to or solicit others;
- Use the Forum for commercial purposes of any kind;
- Post or distribute any software or other materials that contain a virus or other harmful component;
- Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or Online Forum;
- Use a Forum for any purpose in violation of local, state, national, or international laws;
- Post or distribute any material that infringes and/or violates any right of a third party or any law, including the intellectual property rights of others or the privacy or publicity rights of others;
- Continue to post comments after receiving a warning;
- Post chain letters or pyramid schemes;
- Impersonate another person;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Allow any other person or entity to use your identification;
- Post the same note more than once or "spam"; or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Forums Area of the Site, or which, in the judgment of KUFA, exposes KUFA or any of its customers or suppliers to any liability or detriment of any type.
You are solely responsible for your own communications within the Forums Area, the consequence(s) of posting these communications and your reliance on any communications found in the Forum Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
If you think you may have a medical emergency, call your doctor or 911 immediately.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in the Forums Area may not be reliable, and it is never a good idea to make any decisions, especially medical ones, based solely or largely on information you cannot confirm. The Kidney & Urology Foundation of America cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.
The Kidney & Urology Foundation reserves the right (but is not obligated) to do any or all of the following:
- Investigate an allegation that any communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
- Monitor or disclose any communication in the Online Forum.
The Kidney & Urology Foundation of America reserves the right to remove postings from any Forum at any time and for any reason. KUFA reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, KUFA assumes no liability or responsibility to users of the KUFA Site or any other person or entity for performance or nonperformance of the aforementioned activities.
5. General Practices
You acknowledge that the Kidney & Urology Foundation of America may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that Uploaded Materials will be retained by the Site, the maximum disk space that will be allotted on the Kidney & Urology Foundation of America of America's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time.
You acknowledge that the Kidney & Urology Foundation of America reserves the right to remove accounts. You further acknowledge that the Kidney & Urology Foundation of America reserves the right to change these general practices and limits at any time, in its sole discretion, without notice.
6. Links to Other Sites
The Site may provide links to other World Wide Web sites or resources. You acknowledge and agree that the Kidney & Urology Foundation of America has no control over such sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Kidney & Urology Foundation 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 use of or reliance on any such Materials or goods available on or through any such site or resource.
7. Kidney & Urology Foundation's Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Materials contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
Except as expressly authorized by the Kidney & Urology Foundation of America, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. The Kidney & Urology Foundation of America grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by the Kidney & Urology Foundation of America for use in accessing the Site.
8. Disclaimer of Warranties and Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE AND THE CONTENT ARE PROVIDED "AS IS". THE KIDNEY & UROLOGY FOUNDATION OF AMERICA, ITS AGENTS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
SPECIFICALLY, THE KIDNEY & UROLOGY FOUNDATION OF AMERICA, ITS AGENTS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.
IN NO EVENT SHALL THE KIDNEY & UROLOGY FOUNDATION OF AMERICA, ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE KIDNEY & UROLOGY FOUNDATION OF AMERICA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Choice of Law and Jurisdiction
The Kidney & Urology Foundation of America, Inc. is a non-for-profit organization located in the United States of America. The Site is intended for the exclusive use of residents of the USA. Access to the Site may not be legal by certain persons or in certain countries outside of the USA. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.