Terms of Use

Revised August 3, 2016

Acceptance of Terms of Use

This website is owned by DaVita Healthcare Partners Inc. or one or more of its direct or indirect affiliates (collectively, “DaVita”, “we” or “us”). By accessing this website and using it in any way in any way (including, for example, browsing, using the information from the site, or providing information to us through the site, including your personal information, you agree to be bound and are bound by the following Terms of Use, including our Website Privacy Policy.

This Site Does Not Provide Medical Advice

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 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.  Never disregard professional medical advice or delay in seeking it because of something you have read on the website.

User registration

In order to access the Site or some of the Content or features it offers, you may be asked to provide certain personal information or other registration details. You agree that all of the information you provide to register with the Site or otherwise is governed by our Web Usage Privacy Policy (https://www.davita.com/about/web-usage-privacy), and you consent to our handling and use of your information consistent with such policy.

Use and Submissions

You agree not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation.  You further agree not to attempt to gain unauthorized access to, interfere with, damage, or disrupt in any way any parts of the Site, or any server, computer, user, or database related to or connected with the Site.

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, 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 Use; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Use; 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:

  • off topic, personal attacks, libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy;
  • an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
  • illegal in any way or which advocates illegal activity; or
  • 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.

We can take any action or no action with respect to any submission, in our sole discretion.

Posted Content Not Confidential

By using the Site, you understand and agree that any Content you upload or otherwise post on the Site is a disclosure to the Site and/or a user community and not intended to be a disclosure to any health care provider, and as such is not Protected Health Information under HIPAA.  You further understand and agree that Content you post to the Site is not private or confidential, and may be viewed by individuals both within and outside of DaVita online communities.  Therefore, DaVita recommends that you do not post sensitive medical information or other sensitive or confidential Content to the Site.

DaVita may use and disclose Content, consistent with (as applicable), its current Web Usage Privacy Policy applicable to personal identifying information (https://www.davita.com/about/web-usage-privacy) or Privacy of Medical Information policy applicable to any Protected Health Information (https://www.davita.com/about/privacy-practices-notice). We also have the right to disclose your identity or other information about you in connection with any legal action, and to any third party who claims that material posted by you violates their rights, including their intellectual property rights of right of privacy.

Intellectual Property Rights

The Site and all Content, functionality, and features are protected under United States and international copyright law, trademark law, patent law and other intellectual property laws.  All trademark, names, logos, slogans and the like are the proprietary marks of DaVita, its affiliates or third parties. No mark can be used without our permission.  All copyright and other intellectual property rights in all text, images, sound, software and other materials on any DaVita website are owned by DaVita or its affiliates, or are included with the permission of the relevant owner. You are permitted to browse this Site 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 other right or license is granted, and no part of this Site may be sold, reproduced, further distributed, modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including framing or similar means, without the prior written consent of DaVita.  You may not remove or alter any copyright or other legal notice from copies of materials from this Site.

For all information and material you provide to us through the Site, you grant DaVita, 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, including, without limitation, in printed or electronic form and for purposes other than the Site.

Notices of Copyright Infringement

We will respond to notices of alleged copyright infringement that comply with applicable law and this section of these Terms of Use.  In accordance with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any Content accessible on this Site infringes your copyright, you may request removal of that Content from this Site by submitting written notice, with your physical or electronic signature, to our Copyright Agent designated below that includes the following information (the “DMCA Notice”):

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works;
  • Identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
  • Information by which we can contact you (including your name, postal address, telephone number and e-mail address);
  • A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent or the law (e.g. is not a “fair use”);
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Miriam Trudell   mtrudell@sheridanross.com

If you knowingly materially misrepresent that any Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

We reserve the right to terminate the accounts of users who we deem to be repeat copyright infringers.

Linking and Social Media

You may link or hyperlink any publicly available page of this Site to a website that is owned by you, provided you do so in a way that is legal and does not, in our opinion, damage our reputation.  The link must not suggest any form of association, approval or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to link to certain Content on this Site; send messages with our Content, or links to our Content on this Site; or display excerpts of our Content on your own or social media websites. You may use these features solely as they are provided by us and solely with respect to the Content with which these features are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

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 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 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 may not pre-screen or approve all Content, but that DaVita 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 Use or for any other reason. DaVita reserves the right to delete any posting, message or other Content at any time, for any reason or no reason.

Disclaimer of Warranties and Limitation of Liability

You understand that we don’t guarantee that material available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  THIS DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold DaVita and our third party business partners and licensors and each of our and their respective affiliates, licensees, successors and assigns and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of or in any way related to your violation of these Terms of Use or your access or use of the Site, the Content or any user Content or submission (including any use or access by your employees or agents), your violation of these Terms of Use or your violation of any rights of another.

Territory of Use

The Site is accessible worldwide to any person with Internet access. This Site is controlled and operated by DaVita from its corporate office in Denver, Colorado. DaVita does not represent or warrant that Content or the Site are appropriate or available for use in other locations. If you choose to access and use this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. We provide this site for use only by persons in the United States.  This Site and its Content may not be appropriate, legal or accessible outside the United States. The English version of these Terms of Use and the Web Usage Privacy Policy shall govern.

Termination

DaVita 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 or for no 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 agreement shall be governed by and construed in accordance with the laws of the State of Colorado, 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 Colorado located in Denver, CO. You agree that any cause of action you may have under these Terms of Use must be brought within one year of the date when such claim arose.

Severability

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. If we waive enforcement of any provision in these Terms of Use, we are not obligated to continue to waive it.

Entire Agreement

The Terms of Use and Web Usage Privacy Policy contain the entire agreement between you and DaVita concerning your use of the Site.

Changes to Terms of Use

DaVita reserves the right to change these Terms of Use at any time without notice, in its sole discretion, so check back frequently to review changes. Your continued use of, or registration with, the Site means that you accept and agree to the then current Terms of Use.

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