Kidney Learning Hub
Last Updated 5/6/2020
The End Stage Renal Disease National
Coordinating Center (“ESRD NCC” or “We” or “Us” or “Our”) developed the Kidney
Learning Hub to give patients and professionals free access to educational
information. Text, images, and other material contained on KidneyLearningHub.org are
provided for general information. None of this information is a substitute for proper
health and medical advice.
2. An Agreement
The Terms are an agreement between you and
the ESRD NCC. The website is a free resource for educational information. The
website is provided to you based on the following Terms, which you, agree to by
using KidneyLearningHub.org. These Terms include the ESRD NCC Privacy
3. These Terms May Change
The ESRD NCC may change these Terms from time
to time. If we do, we will post a notice on the KidneyLearningHub.org/ homepage,
or send an email, or use another form of communication.
Please review these Terms every so often. When you continue to use KidneyLearningHub.org
after we have made a change to our Terms, you are agreeing to these changes.
When using KidneyLearningHub.org, you
must follow our posted rules and policies, which we may change from time to
time. These rules and policies are part of these Terms. If we provide links to
other websites on KidneyLearningHub.org, those websites will have
When you use KidneyLearningHub.org, you are
saying that you can lawfully receive services under the laws of the United
States or any of its states or any other applicable jurisdictions. You also are
saying that you are 18 years of age or older. If you are under age 18,
please do not use, create an account with, or provide any personal information
5. Accessing KidneyLearningHub.org and
You may view KidneyLearningHub.org without
registering or signing up for an account. However, to access the program courses
and some features of KidneyLearningHub.org, you will be required
to register with and/or sign into KidneyLearningHub.org. If you do so, you
are responsible for keeping your password and username private. You are
responsible for all activities on the website that happen under your password
or username. Please immediately notify us of any use of your password or
username that you did not give permission to, or any other breach of security
by contacting us at KidneyLearningHub.orgsupport/.
6. Our Intellectual Property
Our associated logos are our trademarks
and/or service marks. If there are trademarks, service marks, and logos from
other organizations on our site, they belong to those organizations. You do not
have permission to use or license any of our trademarks, service marks, or
logos, or the trademarks, service marks, or logos of those other organizations.
Material we create or license for this
website may be protected by copyright, trademark, patent, trade secret, and/or
other laws, and we retain all rights in these materials. We are giving you a
limited license to access and make personal use of KidneyLearningHub.org that you
cannot share with anyone else. Under this license, you may only download
information for your personal use. You may not modify it, or any portion of it,
except with our express written consent. You cannot re-sell content from KidneyLearningHub.org , adapt it, or use it
8. Ownership Rights
Photographs and videos made available
on KidneyLearningHub.org may contain watermarks and/or be controlled
by other digital rights management technologies, which will restrict their use.
You must not remove, delete, or alter any watermark or other digital rights
management technology or other information. Such conduct is not lawful.
9. Complaints About Content and Property
If you have a good faith belief that your
copyright is being infringed by any material on our web site, please submit a
support ticket at KidneyLearningHub.orgsupport/. The same goes for copyright
violations that you see of others on this website; let us know. We will work to
prevent unlawful activity from taking place on or through KidneyLearningHub.org.
10. Prohibited Conduct You
say and promise that you will not use KidneyLearningHub.org to:
Violate any law or encourage or provide instructions to another person
to violate the law.
Stop other users from using KidneyLearningHub.org.
Exceed your permitted access to any portion of KidneyLearningHub.org.
Remove, delete, alter, avoid, or bypass any watermark or digital
rights management technology.
Use data mining, robots, screen scraping, or similar data
gathering and extraction tools.
Collect or store personal data about anyone; or use the
information in any other context where confidentiality is not maintained.
Reproduce, adapt, distribute, make available, communicate to the
public, publicly display, or publicly perform any portion of KidneyLearningHub.org or the
materials on KidneyLearningHub.org.
11. Our Actions If You Breach These Terms
If you violate any of these Terms, any license you have obtained will be
automatically withdrawn and terminated.
If you violate these terms, you will pay us and
hold us harmless from any and all third-party claims, losses, damages,
liabilities, costs, and expenses (including reasonable attorneys’ fees and
expenses), relating to or arising from any violation by you.
13. Limitation of Liability
To the extent allowed by law, we shall not be
responsible or liable to you for any loss or damage of any sort experienced as
the result of the following, with or without notice to you:
The delay, rejection, or removal any or all information on KidneyLearningHub.org at any
time for any or no reason whatsoever.,
The modification or discontinuation temporarily or permanently
of KidneyLearningHub.org (or any part thereof), for any or no reason
The immediate termination of your access to KidneyLearningHub.org for any
or no reason whatsoever.
The accuracy, usefulness, or availability of any information
posted to or through KidneyLearningHub.org.
The loss or damage of any sort experienced by you as a result
of interactions you have with any third parties, or with links to third-party
websites, found on or through KidneyLearningHub.org.
We offer this web site to you “as is.” We
also are claiming our rights under what are called the “implied warranties of
merchantability.” This means you will be responsible for any damage to your
computer or that of another party that you use to access KidneyLearningHub.org or
any loss of data that happens from your use of KidneyLearningHub.org.
We do not warrant that: (1) KidneyLearningHub.org will
meet your requirements; (2) KidneyLearningHub.org will be
uninterrupted, timely, secure, or error-free; (3) KidneyLearningHub.org/ results
will be accurate or reliable; (4) the quality of any products, services, or
material obtained by you through KidneyLearningHub.org will you’re your
expectations; or (5) KidneyLearningHub.org, its servers, or communications
sent from us will be free of viruses or other harmful components.
No information obtained by you from us or
through KidneyLearningHub.org shall create any warranty not expressly
stated in these terms.
Some jurisdictions may not permit certain
liability limitations. If any court OR ARBITRATOR determines the law of such a
jurisdiction applies, the ESRD NCC Parties’ liability shall be limited to the
greatest extent permitted by law.
15. Claims Against Others
If you have a dispute with one or more users
of KidneyLearningHub.org or with any party who provides a website linked
to on KidneyLearningHub.org, you release us from claims, demands, and
damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such dispute. You also waive
California Civil Code §1542, which says: “A general release does not extend to
claims which the creditor does not know or suspect to exist in his OR HER favor
at the time of executing the release, which if known by HER OR him must have materially
affected his OR HER settlement with the debtor.” You also waive any and all
benefits and rights that would otherwise accrue to you by reason of the
provisions of any federal or state statute or principle of common law of any
state of the United States, or any political entity or nation, province or
local law or regulation that may govern this release, which statute,
regulation, law or principle provides in substance something similar to
California Civil Code § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING
INCONSISTENT WITH the RELEASE described in this paragraph.
16. Dispute Resolution
If a dispute occurs between us about any
violation of these Terms or use of KidneyLearningHub.org that cannot be solved
through informal negotiation, and you wish to file a claim against us, we will first
choose mediation. These Terms and the relationship between you and us shall be
governed by the laws of the State of Florida, as an agreement wholly performed in
that state regard to any conflict of law rules, as well as applicable federal
law of the United States. These Terms are not governed by the United Nations
Convention On Contracts For the Sale of Goods, which is expressly rejected.
The period for mediation shall be thirty (30)
days, unless the parties mutually agree to an extension. If mediation fails,
the parties will arbitrate the dispute according to the applicable rules of the
Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall
take place in Florida, before an arbitrator chosen from JAMS. Any award shall
be final, binding, and conclusive upon the parties, and a judgment rendered on
the claim may be entered in any court having jurisdiction there. The arbitrator
may award any form of remedy or relief (including injunctive relief, such as
temporary restraining orders, preliminary and permanent injunctions) that would
otherwise be available in court. Any award pursuant to said arbitration shall
be accompanied by a written opinion of the arbitrator setting forth the reason
for the award. To all lawful extent, the arbitrator will have the authority to
hear and grant motions and applications, including on an ex parte (that means
one party presenting alone before the arbitrator) or expedited basis. The award
rendered by the arbitrator shall be conclusive and binding upon the parties,
and judgment upon the award may be entered, and enforcement may be sought in,
any court of competent jurisdiction. The prevailing party in any dispute
relating to this Agreement shall be entitled to recover associated costs,
including reasonable attorneys’ fees.
To the fullest extent permitted by applicable
law, no arbitration under these Terms shall be joined to an arbitration
involving any other party subject to these Terms, whether through class
arbitration proceedings or otherwise.
Regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to your use
of KidneyLearningHub.org or
these Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred. Any claim by you that may arise in
connection with these Terms will be compensable (paid by) by monetary damages and
you will not be entitled to injunctive or other equitable relief.