RenalSite.com

The following terms and conditions (the “Terms and Conditions”) govern your use of this web site, and any content made available from or through this web site, including any sub domains thereof (the “Web Site”). The Web Site is made available by RenalSite.com. (“RenalSite.com.” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.

A. ALL USERS

1. Content

RenalSite ("RenalSite.com") hereby provides access to the information, materials and services of this website and other sites accessed through this site (hereinafter collectively referred to as "Content"), subject to the terms and conditions herein. You are permitted to access and use this site subject to your agreement to and compliance with the terms hereof.

2. Proprietary Rights

2.1 The Content of this site, including, but not limited to, the text, graphics, logos and images, is the exclusive property of and proprietary to RenalSite.com and applicable third parties who have granted RenalSite.com the right and/or license to use such and is protected by United States and international laws.

2.2 RenalSite.com, all applicable marks/logos are trademarks and/or service marks of RenalSite.com.

2.3 RenalSite.org and RenalSite.net are registered internet domains of RenalSite.com.

2.4 All names, products and services (other than those of RenalSite.com) mentioned herein are trademarks/service marks/domains (registered or otherwise) of applicable third parties who have granted RenalSite.com the right or license to use such.

2.5 Except as expressly permitted under United States and international copyright, trademark and other intellectual property law or by the express terms of this site, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform or distribute or otherwise use the Content of this site in any way for any public or commercial purposes without prior written authorization of RenalSite or other applicable intellectual property right owners. .

2.6 In the event you believe that any Content or activities on this site infringe your intellectual property rights, please immediately notify RenalSite.com in writing of such with proper identification and supporting materials in accordance with the procedures set forth in the RenalSite.com by using contact us or mail to PO BOX 59394, Dallas, TX 75229.

3. Conditions of Access/Use

3.1 As a condition of your access and use of this site, you will not access and use this site for any unlawful purpose.

3.2 You agree to abide by all applicable federal, state, local and international laws, regulations and rules, including, without limitation, tax laws, customs duties, and import/export controls, and you agree that you are solely responsible for all acts or omissions associated with your access and use of this site.

3.3 You agree to comply with all applicable laws regarding export or import to the United States and/or the country in which you reside.

3.4 You agree to abide by all the proprietary notices contained in this site.

4. Dealings through This Site

4.1 Third party sites linked to RenalSite.com and advertisers are not associated /affiliated with RenalSite.com and are not within RenalSite.com’s control. RenalSite.com assumes no obligation or liability whatsoever for the acts or omissions of any advertisers or third party sites linked to RenalSite.com web site.

4.2 Any dealings with parties other than RenalSite.com are exclusively between you and such parties. RenalSite.com shall not be responsible or liable for any part of any such dealings, including, without limitation, terms and conditions, warranties or representations associated therewith.

4.3 RenalSite.com is not and shall not be a party to any disputes between users of this site, registered or otherwise. You agree to resolve all such disputes without involving RenalSite.com.

5. Downloads

5.1 Any software downloaded from this site is subject to applicable license terms for the use of the software.

5.2 Some software downloaded from this site may be subject to government control or other restrictions.

6. Service/Product Availability

This site may contain references to products and services that are not announced or available to you. You should consult the business representatives of any offering party for information regarding the products or services that may be available to you.

7. Agency

If you are accessing or using RenalSite’s web site on behalf of another person or entity, you nonetheless agree to assume personal liability for wrongful use of this site.

8. Communications

8.1 You are permitted to communicate through or to this site (hereinafter referred to as "Communications"), provided such Communications shall not be untrue, unlawful, harmful, threatening, abusive, malicious, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of others' privacy, hateful, or racially, ethically or otherwise objectionable.

8.2 You shall assume full responsibility for any Communications sent to or through this site, and shall hold RenalSite.com, its parents, subsidiaries, affiliates, officers, directors and employees harmless from any liabilities incurred as a result of or in connection with your Communications. RenalSite.com shall have no obligation or liability whatsoever as to any such Communications, including, but not limited to, any Communications posted on any forums of this Renalsite.com

8.3 RenalSite.com is not a party to any user-to-user Communications or forum postings and shall have no obligation or liability with respect thereto. By access to or use of this site, you understand that you may be exposed to content posted by another user that is defamatory, libelous, offensive, indecent, inaccurate, misleading, or otherwise objectionable to you, and you agree that you shall not look to RenalSite.com for intervention in or resolution of any dispute relating to such.

8.4 Unless otherwise agreed upon in writing, any Communications transmitted to or posted on or through this site by you shall be considered non-confidential and non-proprietary. By sending such Communications, you grant RenalSite.com an unrestricted irrevocable worldwide royalty free license to use, reproduce, display, perform, modify, transmit and distribute such, and you agree that Renal Help is free to copy, distribute, incorporate and otherwise use any data, images, sounds, text, ideas, concepts, know-how, or techniques that you send to this site for any commercial or non-commercial purpose without limitation.

8.5 RenalSite.com, but shall have no obligation to, monitor, limit, restrict, retain or forward the content of any Communications in RenalSite.com sole discretion.

8.6 RenalSite.com reserves the right at all times to review retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. However, by doing so, RenalSite.com does not, either expressly or impliedly, endorse, affirm or in any manner assume any responsibility for such Communications.

9. Data/Databases/Compilations

The structure, sequence, organization and assembling of data, databases, compilations, and any derivatives generated there from are protected Content. You are not permitted to extract content from this site except as expressly authorized by RenalSite.com.

10. System Performance

The availability of this site and the response time or other performances of this site are not guaranteed at any level or for any period of time. RenalSite.com reserves the right in its sole discretion to temporarily or permanently filter or block any electronic messages.

11. Registration & Code of Ethics

11.1 Registration for access to and use of this site is free unless otherwise indicated.

11.2 The General Code of Ethics of this site applies. Your agreement with this Legal Notice indicates your agreement with the Code of Ethics for this site.

11.3 All registered users are subject to Blacklist terms and Rating terms on this site.

12. Privacy Policy

The privacy policy of RenalSite.com as stated in our Privacy Notice for this site applies. Your agreement with this Legal Notice indicates your agreement with the Privacy Notice for this site.

13. Special Services

Special services offered on this site shall be subject to this Legal Notice and the applicable special terms thereof, including, without limitation, Listings, Services Directory, Auction, Parts, Web Site Hosting, Email Hosting, Alerts, and Advertising/Text Ads.

14. Agreement And Release

14.1 Your agreement with this Legal Notice indicates your agreement with terms for special services on this site that you may use. In event of any conflict the special terms shall govern.

14.2 By using the special services of this site, you agree to release RenalSite.com, its officers, directors and agents from any and all legal actions under any theory of liability whatsoever against RenalSite.com relating to the special services you are using.

15. Notices

Any notices from RenalSite.com to you shall be deemed given if sent by email, and effective as of the date of the email.

16. General Disclaimer and Disclaimer of Warranty

16.1 This site and the Content provided on this site may be subject to technical inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice or reason. The accuracy, completeness, security and proper functioning of this site are not guaranteed.

16.2 RenalSite.com does not warrant that this site and its linked sites are free of such items as viruses, worms, trojan horses or other items of a destructive nature. It is your responsibility to take precautions related thereto.

16.3 NO OFFER OR SOLICITATION IS MADE BY RENALSITE.COM HEREIN AND NONE MAY BE INFERRED.

16.4 THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS". NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED HEREBY, NOR CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

17. Limitation of Liabilities

IN NO EVENT SHALL RENALSITE.COM OR ITS THIRD PARTY VENDORS BE LIABLE TO YOU FOR ANY DIRECT (EXCEEDING US$1,000.00), INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TANGIBLE OR INTANGIBLE DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, LOSS AND DAMAGES RESULTING FROM INTERCEPTION OF THIS SITE BY THIRD PARTIES OR FROM LEAVING THIS SITE VIA A LINKED SITE, OR THOSE RESULTING FROM ANY CLAIM BY ANY OTHER PARTY; EVEN IF RENALSITE.COM KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.

18. Non-Exclusive Revocable License

Access to and use of this site are subject to a limited, non-exclusive, personal and revocable license from RenalSite.com which is subject to suspension, cancellation, transfer or modification at any time pursuant to the policies of RenalSite then in effect.

19. Indemnification

By accessing or using this site, you agree to indemnify and hold harmless RenalSite.com from any losses or damages, including, without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, as well as expenses including, but not limited to, attorneys' fees, arising or resulting from or in any way connected with your access or use of this site.

20. No Assignment

Your rights and obligations hereunder are not assignable. Any attempted or actual assignment thereof by you shall be null and void unless expressly consented to in writing by RenalSite.com.

21. Governing Law

21.1 Use of and access to this site shall be governed by the laws of the State of Texas, U.S.A., without regard to its conflict of laws principles.

21.2 For purposes hereof, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply hereto.

22. Arbitration

Any controversy or claim by or against RenalSite.com shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association then in effect in its offices in the City of Dallas, State of Texas, U.S.A. The language of the arbitration shall be English. Judgment upon the arbitration award may be entered in any court having jurisdiction.

23. Jurisdiction

Without diminishing the effectiveness of the arbitration clause herein, you consent to the jurisdiction of the Federal and/or State courts having jurisdiction in the County of Dallas, State of Texas, U.S.A., and you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.

24. Superseding Construction and Severability

24.1 Each provision included herein shall be independently enforceable in accordance with its terms.

24.2 Should any provision(s) included herein be determined to be invalid or unenforceable pursuant to applicable law, a valid and enforceable construction that is closest to the original commercial intent thereof shall be given to and supersede such provision(s), and the balance hereof shall remain in effect.

25. Survival of Rights and Remedies

25.1 The rights and remedies of RenalSite.com hereunder shall be cumulative and may be exercised concurrently or consecutively at site’s option and are in addition to the rights and remedies available to RenalSite.com at law and in equity, and shall survive the termination of your access to and use of this site.

25.2 All rights and remedies not expressly provided herein are hereby reserved by RenalSite.com

26. Revision and Amendment

26.1 No modification or amendment of any provision of this Legal Notice shall be valid unless made in writing and signed by RenalSite.com

26.2 RenalSite.com reserves the right to revise or amend this Legal Notice at any time and for any reason, and any such revision or amendment shall apply as of the date designated.

27. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY AND UNDERSTAND AND AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS SITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.

28. DISCLAIMER OF WARRANTIES

THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY,DISPLAY ABILITY,ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TIME INC. ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. RENALSITE.COM. NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED RENALSITE.COM. SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, RENALSITE.COM AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH RENALSITE.COM. OR IT’S AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY RENALSITE.COM. “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND RENALSITE.COM. OR ITS LICENSOR OR SUPPLIER

29. Entire Agreement

By accessing and using this site, you agree that the terms and conditions contained in the Legal Notice (including those incorporated herein by reference) represent the entire understanding between RenalSite.com and you with respect to your access and use of RenalSite.com web site, and supersede any prior or contemporaneous, conflicting or additional understanding or communications between you and RenalSite.com.

If you have any questions about these Terms, practices of RenalSite.com or any of its services, or your dealings with this Site, you can contact us via post: PO BOX 59394, Dallas, TX 75229.

Last Updated March, 2009

Copyright © 2009 RenalSite.com. All rights reserved. The material in this site is intended to be of general dialysis informational use and is not intended to constitute medical advice, probable diagnosis, or recommended treatments. Reliance on any information appearing on the Site, whether provided by RenalSite its content provides, visitors to the Web Site or others, is solely at your own risk.