Terms of use

Your medical condition is unique to you. The information provided on this website is designed to support, not replace, the relationship that exists between you and your physician and health care team. The information on this website was completed with due care by medically trained and qualified professionals unless a clear statement is made that the information offered is from a non-medically qualified individual or organization. However, DaVita cannot guarantee the correctness of the information contained on this website. All information contained on this website is provided for general informational purposes only and does not constitute medical or other professional advice. If you have questions about your particular condition and what it will mean for you in the future, please consult your personal physician.

The information you find on the DaVita website is provided "as is," and to the extent permitted by law, DaVita and its affiliates, employees, officers, board of directors and shareholders disclaim all other warranties of any kind, whether express, implied, statutory or otherwise, including without limitation, the implied warranties or conditions of satisfactory quality, performance, merchantability, fitness for a particular purpose and non-infringement in relation to information, services or products provided through or in connection with the DaVita website.

In no event will DaVita or its affiliates be liable for any damages whatsoever, including without limitation, direct, indirect, incidental, special, exemplary, punitive or consequential damages, arising out of the use, inability to use or the results of use of DaVita's website, any websites linked to DaVita's website or the materials or information or services contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials, information or services from DaVita's website or any website linked to DaVita's website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

All copyright and other intellectual property rights in all text, images, sound, software and other materials on DaVita's website are owned by DaVita or its affiliates, or are included with the permission of the relevant owner. You are permitted to browse this website and to reproduce extracts by way of printing, downloading to a hard disk and by distribution to other people, but in all cases for non-commercial, informational and personal purposes only. No reproduction of any part of the website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including posting to any other website. No other license or right is granted. Republication or redistribution of content, including framing or similar means, is expressly prohibited without the prior written consent of DaVita.

User registration

By registering as a user (“User” or “you”) to the DaVita Inc. website (“the Site”), you agree to all of the following terms and conditions (the “Terms of Service”):

Submissions

All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Content") posted on, transmitted through or linked from the Site, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available through the Site. For all Content provided by you, you agree to indemnify DaVita Inc. as provided below.

By uploading or otherwise posting any Content on the Site, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service and (iii) the content will not cause injury to any person or entity.

You agree not to upload, transmit, distribute or otherwise publish in or on the Site any Content which is:

  1. off topic, personal attacks, libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy;
  2. an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
  3. illegal in any way or which advocates illegal activity and/or
  4. an advertisement or solicitation of funds, goods or services.

You agree not to impersonate anyone else or pass yourself off as someone else, including any DaVita teammate or public figures.

License

For all such information and material, you grant DaVita Inc., its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.

No pre-screening or editing

This Site offers weblogs and forums and other interactive areas where Users can express opinions and share ideas and information. DaVita Inc. uses commercially reasonable efforts to monitor the material posted or transmitted to the Site, but cannot and does not monitor all of the material posted or transmitted to the Site.

You agree that you must evaluate, and bear all risks associated with, the use of the Site and any of its Content, including but not limited to whether you should rely on said Content.

You also agree that under no circumstances will DaVita Inc. or its affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that DaVita Inc. may not pre-screen or approve all Content, but that DaVita Inc. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms of Service or for any other reason. DaVita Inc. reserves the right to delete any posting, message or other Content at any time, for any reason or no reason.

Termination

DaVita Inc. may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any weblogs and/or forums on its Site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.

Jurisdiction

This site is controlled and operated by DaVita Inc. from its corporate office in El Segundo, California. DaVita Inc. does not represent or warrant that Materials on the Site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of California. If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and DaVita Inc. concerning your use of the Site.

DaVita Inc. reserves the right to change these Terms of use at any time without notice.

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