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Terms of Use

LAST UPDATED: September, 2009

National Kidney Center Terms of Use

Please read these terms and conditions of use (the “Terms of Use”) carefully.  Your use of the Service constitutes your acceptance of and agreement to these Terms of Use.

Welcome to NationalKidneyCenter.org (the “Site“), a global online personal education and networking service (together with any successor site(s) and any services provided on the Site or he successor site(s), the “Service“), operated by NationalKidneyCenter.org, Inc. a Virginia 501(c)(3) not-for-profit company (“National Kidney Center“).  By using the Service, you accept and agree to be bound by these Terms of Use.

The Service is made available by the National Kidney Center subject to these Terms of Use.  We reserve the right to modify these Terms of Use from time to time in our sole discretion, which changes we may provide to you by posting the revised version of these Terms of Use on the Service or other reasonable means.  You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes.  You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use.  Your continued use of the Service after such changes will indicate your acceptance of such changes.  When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into these Terms of Use.

We reserve the right temporarily or permanently, in whole or in part, to: modify or terminate the Service for any reason, with or without notice, charge fees in connection with membership to and use of the Service; modify and/or waive any fees charged in connection with membership to and use of the Service; and/or offer opportunities to some or all users of the Service.  You agree that we shall not be liable to you, any user of the Service, any Member, or any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any content, feature or product offered through the Service.  Your continued use of the Service after such changes will indicate your acceptance of such changes.

SPECIAL NOTE REGARDING THE CONTENT AND THE SERVICE. PLEASE NOTE THAT iCOMPASSION DOES NOT PROVIDE MEDICAL ADVICE.  THE CONTENT OF THE SERVICE, INCLUDING MATERIALS POSTED BY USERS AND/OR MEMBERS, CONTENT AND MATERIALS POSTED BY iCOMPASSION AND ANY OTHER CONTENT AND MATERIALS CONTAINED ON THE SERVICE (COLLECTIVELY, THE “CONTENT“), IS FOR INFORMATIONAL PURPOSES ONLY.  THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS AND SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING WITHOUT LIMITATION THE DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM.  iCOMPASSION DOES NOT ENDORSE NOT IS IT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION.  SUCH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION AVAILABLE THROUGH THE SERVICE.  THE RELATIONSHIP BETWEEN YOU AND iCOMPASSION IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.  iCOMPASSION DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE.  RELIANCE ON ANY INFORMATION PROVIDED BY iCOMPASSION, iCOMPASSION’S EMPLOYEES, OTHERS APPEARING ON THE SERVICE AT THE INVITATION OF iCOMPASSION, OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK.  iCOMPASSION DOES NOT ENDORSE, AND HAS NO RESPONSIBILITY OR LIABILITY FOR, ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE.

THE SERVICE MAY CONTAIN HEALTH OR MEDICAL RELATED MATERIALS THAT ARE SEXUALLY EXPLICIT.  IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICE.

1. Eligibility and Registration

You must be eighteen (18) years of age or older to use the Services in any manner.  By using and/or registering to use the Service, you represent and warrant to the National Kidney Center that you are eighteen (18) years of age or older and that you have the right, authority and capacity to understand, agree to and comply with these Terms of Use.

In addition, you must provide true, accurate and complete registration information to be a member of the Service (a “Member“).  You represent and warrant that any information you provide in connection with your use of the Service is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly.  You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Service.

As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.  We may refuse to grant you a username that may be construed as impersonating someone else, that belongs to someone else, that violates the rights of someone else, that may be protected by trademark or other intellectual property law, that may be vulgar, offensive or otherwise inappropriate, or that we reject for any other reason in our sole discretion.

Member accounts should only be created by the person being depicted, and all users must be alive.  A Member account should not be created by automated means or be used by an automated system to perform actions such as: creating new accounts; sending scraps, messages, testimonials or invitations; or creating communities.  Similarly, a Member account which affects the general stability and/or integrity of the system may be suspended or terminated.  Further, we believe that users are accountable for the company they keep.  A Member account should not be used to invite another account with the purpose of violating this Agreement.

Your username and password are for your personal, non-commercial use only, and not for use by any other person, including other members of any organization for which you work or with which you are otherwise affiliated.  Businesses, organizations or other legal entities may not use the Service for any purpose unless specifically authorized in writing to do so by the National Kidney Center.  You are responsible for maintaining the confidentiality of your password, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Service, to any third party.  You are fully responsible for all interaction with the Service that occurs in connection with your password or username.  You agree to immediately notify the National Kidney Center of any unauthorized use of your password or user name or any other breach of security related to your account or the Service, and to ensure that you “log off”/exit from your account with the Service at the end of each session.  If someone is using your Member account without your permission, please (i) ask a friend to click the “Report Abuse” link on the Service home page or Member page and describe the situation, or (ii) contact us directly via e-mail at contact@NationalKidneyCenter.org.  We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.  Please see Section 9 below for additional recommended account protection practices.

2. Appropriate Conduct and Content

While using the Service you will comply with all applicable laws, rules and regulations.  You may not use the Service for any illegal, fraudulent or unauthorized purpose.  You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content (“Materials“) that you submit, post, and display on the Service.  We may, but shall have no obligation to, remove Materials that we determine in our sole discretion violate these Terms of Use.

In addition, we expect users of the Service to respect the rights and dignity of others.  Your use of the Service is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Service pursuant to Section 13 below.  Examples of illegal or unauthorized uses include, but are not limited to:

  • modifying, adapting, translating, decompiling, disassembling or reverse engineering any portion of the Service;
  • removing any copyright, trademark or other proprietary rights notices contained in or on the Service or any Materials;
  • using any robot, spider, site search/retrieval application, or other device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service or any portion of the Service, without our express prior written consent;
  • collecting any information about users and/or Members (including usernames and/or email addresses) for unauthorized purposes;
  • reformatting, mirroring or framing any portion of the web pages that are part of the Service;
  • creating user accounts by automated means or under false or fraudulent pretenses;
  • creating or transmitting unwanted electronic communications such as advertising, promotional materials, “spam,” “junk mail,” “chain letters,” “pyramid schemes,” investment opportunities or any other form of solicitation to users and/or Members or otherwise interfering with such user’s or Member’s enjoyment of the Service;
  • submitting Materials of any third party without such third party’s prior written consent;
  • directing any user or Member (for example, by linking) to any Materials of any third party without such third party’s prior written consent;
  • submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by the National Kidney Center;
  • submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
  • transmitting any viruses, worms, defects, Trojan horses, other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software or other items of a destructive nature;
  • impersonating any person or entity, including any representative of the National Kidney Center; falsely stating or otherwise misrepresenting your affiliation with any person or entity; or expressing or implying that we endorse any statement you make;
  • interfering with or disrupting the operation of the Service or the servers or networks used to make the Service available; or violating any requirements, procedures, policies or regulations of such networks;
  • restricting or inhibiting any other person from using the Service (including by hacking or defacing any portion of the Service);
  • using the Service to advertise or offer to sell or buy any goods or services without the National Kidney Center’s express prior written consent;
  • reproducing, duplicating, copying, selling, reselling or otherwise exploiting for any commercial purposes, any portion of, use of, or access to the Service;
  • creating a database by systematically downloading and storing all or any Service content;
  • submitting Materials that are unlawful, would give rise to criminal or civil liability, or promote or encourage dangerous and/or illegal activity;
  • submitting Materials that facilitate phishing or account hijacking;
  • submitting false or misleading information;
  • submitting Materials, such as child pornography or pedophilia, which violates real-world laws;
  • submitting images that contain nudity, sexually graphic material, or material that is deemed obscene, indecent, explicit or otherwise objectionable by the National Kidney Center;
  • submitting Material, or using the Service for activity, that is hateful or offensive based on race, ethnicity, national origin, religion, gender, or sexual orientation;
  • submitting Material, or using the Service for, making direct threats of violence against any living person;
  • using the Service for promoting any dangerous and/or illegal activity; or
  • submitting Material that is unlawful, fraudulent, threatening, harassing, degrading, hateful, libelous, defamatory, tortious, or otherwise violates these Terms of Use.

While the National Kidney Center prohibits such conduct and content on the Service, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Service at your own risk.

3. Information Posted to the Service.

  1. Forums. We and/or our third party service provider(s) may make available through the Service certain interactive services (for example, message boards, blogs, online discussions and other public forums, among other things) to which you are able to post Materials (each, a “Forum“).
  2. Information on the Service. Information made available on the Service (through a Forum or otherwise) may be provided both by the National Kidney Center and by third party visitors to the Service.  Please note that Service visitors may post material or make statements on the Service or through a Forum that are inaccurate, misleading or deceptive.  The National Kidney Center neither endorses nor is responsible for any opinion, advice, information, material or statements provided on the Service or through a Forum by third parties, and is not responsible for any information or materials made available through the Service or through a Forum or results obtained by using any such information or materials.  Under no circumstances will the National Kidney Center or its employees, officers, directors, shareholders, affiliates, licensors, partners, suppliers, consultants, members, representatives and agents, be liable for any loss or damage caused by your reliance on such information or materials.  The opinions expressed on the Service or through a Forum reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of the National Kidney Center. In addition, the National Kidney Center has no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information that you voluntarily make public through any part of the Service or through a Forum.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE OR THROUGH A FORUM, YOU DO SO AT YOUR OWN RISK.
  3. License. For any Materials you submit through the Service or through a Forum (each, a “Submission“), you grant to the National Kidney Center and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly perform and display such Materials, in any media now known or hereafter developed, for the National Kidney Center’s business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.  For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Service, comply with all applicable laws, rules and regulations.  You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of Materials regarding each Submission that you may have under any applicable law under any legal theory.
  4. Monitoring. You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on the Service or any Forum; and (b) we may do one or all of the following, at our sole discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Service; to protect the National Kidney Center and its employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the Service’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose.  While we reserve the right in our discretion to remove any Submissions from time to time, we do not assume any obligation to do so and disclaim any liability for failing to take any such action.

4. NationalKidneyCenter.org’s Proprietary Rights.

The National Kidney Center and its affiliates, suppliers and licensors own and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws.  The Content made available through the Service are and shall remain the property of the National Kidney Center and its affiliates, suppliers and licensors, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.  Except as expressly authorized by the National Kidney Center in writing in advance, you may not copy, modify, rent, lease, loan, publish, transmit, distribute, perform, display, reverse engineer, sell or create derivative works based (whether in whole or in part) on any of the National Kidney Center’s proprietary information, all or any portion of the Service, or any Content made available through the Service.

Trade names, trademarks and service marks of the National Kidney Center include without limitation, “National Kidney Center” and “NationalKidneyCenter.org” and any associated logos.  All trademarks and service marks on the Service not owned by iMentor are the property of their respective owners.  The trade names, trademarks and service marks owned by the National Kidney Center, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.  Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of iMentor trade names, trademarks or service marks without our express prior written consent.

5. Donations.

If you wish to make a donation through the Site, including any Services, (each a “Donation“), please note that we use a third-party payment service, PayPal, to collect such Donations.  If you wish to make a Donation, you will be directed to a web page hosted by PayPal (or PayPal’s service providers) and not by the National Kidney Center (the “PayPal Page“).  Your use of the PayPal Page will be subject to PayPal’s user agreement and privacy policy, not this Agreement or our Privacy Policy.  You acknowledge and agree that the National Kidney Center is not, and will not be, responsible or liable for PayPal’s services, its site or any acts or omissions of PayPal.

6. Promotions.

In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions“) made available through the Site may be governed by specific rules that are separate from this Agreement.  By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.  The National Kidney Center urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion.  To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

7. Links.

The Service may provide links to other web sites and online resources.  Because the National Kidney Center has no control over such sites and resources, you acknowledge and agree that the National Kidney Center is not responsible for the availability of such external sites or resources, and the National Kidney Center neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources.  Other web sites may provide links to the Service with or without our authorization.  You acknowledge and agree that the National Kidney Center does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

The National Kidney Center shall have the right, at any time and in its sole discretion, to block links to the Service through technological or other means without prior notice.

8. Privacy Policy.

Your submission of personal information through the Service is governed by the Privacy Policy, which is located at Privacy Policy.  These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

9. Image Upload Policy.

We encourage Members to take full advantage of the Service image upload features, by uploading personal pictures, such as photos of their pets.  Please note, however, that our Community Standards prohibit images which you do not own or have the rights to use, and images containing nudity, sexually graphic material, or material that is otherwise deemed inappropriate or explicit by the National Kidney Center (please see Section 2 , “Appropriate Conduct and Content,” for more details on prohibited activities and content).  Member accounts with such images will be permanently removed without warning or prior notification.

If you would like to report an image violating our policies, please click “Report Abuse” link on the Service homepage located at
www.NationalKidneyCenter.org or on the Member account personal page.  While you may not see immediate results from your report, we do take all reports into account when enforcing our image policies.  If you are trying to report content that is using an image to which you own the copyright, please see Section 19 below.

10. Report Abuse.

Please be assured that, upon receiving a report of clearly illegal or unauthorized Content, we will attempt to remove such Content from the Service.  However, such removal is at our sole discretion and we have no obligation to remove Content that we determine, in our sole discretion, does not violate these
Terms of Use (unless ordered to remove such Content by an authorized court or other similar government body).  Therefore, before submitting a complaint we encourage you to read these Terms of Use in their entirety to learn more about our Service policies (please see Section 2, “Appropriate Conduct and Content,” for a description of illegal or unauthorized Content).

If you believe that you found illegal or unauthorized Content, you can report the potential violation by clicking the “Report Abuse” link on the Service home page or Member Account page.  The “Report Abuse” link is designed to let users easily notify us when they believe there may be violating content on the Service.  When you click the “Report Abuse” link, we automatically receive a notification, and your identity remains confidential.  If we discover what we believe to be illegal or unauthorized Content, we retain the right, in our sole discretion, to immediately remove it and report any necessary information to the appropriate authorities.  Please note that you will not receive a confirmation or notification after we review the Content in question.

We expect our Members to act responsibly and treat other users with respect when using the Service.  When there is a breach of conduct, however, we rely on you to help us keep the Service safe by being proactive and notifying us through the “Report Abuse” link.

11. Protect Your Account.

Due to the Service’s open nature, we realize that Members’ accounts can become compromised through phishing schemes, viruses and spyware.  Fortunately, Members can help secure their own account and their online identity quickly and easily.  As a starting point, we recommend the following safe practices:

  1. Change your Member password regularly and keep it secret.
  2. Avoid posting sensitive personal data, such as an email address, in a public places.
  3. Make sure you supply your login information only on the official Site located at www.NationalKidneyCenter.org.
  4. Always click the “Logout” link at the top of the Member page to exit the Service.
  5. Use the “Remember Me” option only when using your personal computer.
  6. Do not click on any link you suspect to be malicious, even if sent by someone trusted.
  7. Scan your computer regularly for viruses, spyware, and adware.
  8. Never run any script while logged into the Service.

12. Disclaimer of Warranties.

iCOMPASSION AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, CONSULTANTS, MEMBERS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “RELATED PARTIES“) DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE CONTENT DISPLAYED ON THE SERVICE.  iCOMPASSION DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE CONDUCT OF ANY USER OR MEMBER.

THE SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICE.  iCOMPASSION EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WITH RESPECT TO THE SERVICE AND ANY PRODUCT OR SERVICE (INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) AVAILABLE THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

13. Indemnification.

You agree to defend, indemnify and hold harmless the National Kidney Center and the Related Parties, from and against all claims arising from or in any way related to your use of, or activities in connection with, the Service and/or your breach of these Terms of Use, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

14. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL iCOMPASSION BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER OR NOT iCOMPASSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN PARTICULAR, AND WITHOUT LIMITATION, iCOMPASSION WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY CONTENT POSTED ON THE SERVICE BY iCOMPASSION OR ANY THIRD PARTY.  SUCH LIMITATION OF LIABILITY SHALL APPLY (1) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE iCOMPASSION SERVICE, FROM INABILITY TO USE THE iCOMPASSION SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE iCOMPASSION SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (2) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.  THE MAXIMUM LIABILITY OF iCOMPASSION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE TEN DOLLARS (US $10.00).

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

15. Termination.

These Terms of Use are effective until terminated.  At any time, you can terminate your Member account which will remove your profile and other personal information from view.  To terminate your Member account, login to NationalKidneyCenter.org and go to My Profile.  Once there, click on the Delete Account button to terminate the account.  We may terminate your Member account immediately at any time, for any reason, including if the National Kidney Center believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.  Once your Member account terminates, you will have no right to use the Service (except for the limited services available to non-Member users).  You agree that any termination of your access to or use of the Service may be effected without prior notice, and that the National Kidney Center may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.  You agree that the National Kidney Center shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination.  Sections 3(c), 4, 12, 13, 14, 15, 16, 17, 18 and 21 shall survive any termination of these Terms of Use and/or your Member account.

16. Binding Arbitration.

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.  Before you take a dispute to arbitration, you must first contact us by e-mail at
contact@NationalKidneyCenter.org, and give us an opportunity to attempt to resolve the dispute through discussions with you.  Similarly, before we take a dispute to arbitration, we must first attempt to resolve it through discussions with you by contacting you at the most recent address that we have on file for you.  In the event that you and we cannot resolve a dispute within sixty (60) days of notification by either party, then the following procedures shall apply.  All disputes arising under or relating to these Terms of Use shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures“), as amended by the terms of these Terms of Use.  The Supplementary Procedures are available online at
www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”).  To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances.  Any in-person appearances requested by the arbitrator shall be held in the Commonwealth of Virginia.  The arbitrator’s decision shall be based upon the substantive laws of the Commonwealth of Virginia without regard to its principles of conflicts of law.  Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality.  The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.  The award rendered by the arbitrator(s) may be the National Kidney Center from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the Commonwealth of Virginia, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

17. Miscellaneous.

Without limiting the foregoing, under no circumstances shall the National Kidney Center be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.  These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the National Kidney Center.  If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision.  You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.  These Terms of Use, together with all policies referred to herein, constitute the entire agreement between you and the National Kidney Center with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.  The National Kidney Center will not be responsible for failures to fulfill any obligations due to causes beyond its control.  Notices to you regarding the Service or these Terms of Use may be made via posting to the Service, by email, or by regular mail, in the National Kidney Center’s discretion.  The Service may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices.  Without limitation, you agree that 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.  Nothing in these Terms of Use confers, or should be construed to confer, any rights to third party beneficiaries.

18. Jurisdictional Issues.

The Service is controlled and operated by the National Kidney Center from the United States, and is not intended to subject the National Kidney Center to the laws or jurisdiction of any state, country or territory other than that of the National Kidney Center.  The National Kidney Center does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction.  Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.  We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

19. Filtering.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at GetNetWise (http://kids.getnetwise.org/).  Please note that the National Kidney Center does not endorse any of the products or services listed at such sites.

20. Information or Complaints; California Users.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to
contact@NationalKidneyCenter.org.  You may also contact us by writing to
NationalKidneyCenter.org, 20081 Whistling Straits Place, Suite 120, Ashburn, VA 20147, or by calling us at (703) 969-8224.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that Content available on the Service infringes your copyright, you (or your agent) may send the National Kidney Center a notice requesting that the National Kidney Center remove the Content or block access to it as provided below.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the National Kidney Center a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See
http://www.copyright.gov/ for details.

Notices and counter-notices should be sent to:

NationalKidneyCenter.org

C. Johnson

20081 Whistling Straits Place

Suite 120

Ashburn, VA 20147

We suggest that you consult your legal advisor before filing a notice or counter-notice.

22. Contact Us.

If you have any questions regarding the meaning of application of these Terms of Use, please direct such questions to
contact@NationalKidneyCenter.org.  Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

The Service © 2010 NationalKidneyCenter.org, Inc.  All rights reserved.

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