Last updated October 2022
We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time TKD decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.
This Policy applies to visitors of the Site and Social Media Accounts, any subscribers of TKD’s publications, newsletters, or notifications, any contributors of content to the Site and Social Media Accounts, any users, viewers, subscribers, or purchasers of TKD’s products or services (collectively, “Products and Services” and separately “Products” and “Services”), and any of TKD’s other customers, clients, members, and partners (all of whom may be referred to as “you” in this Policy). This Policy governs any and all data collection and usage by us. Through the use of the Site, you are therefore consenting to the data collection procedures expressed in this Policy.
If you are a European Union (“EU”) resident, please note that there are a number of provisions in this Policy that apply uniquely to you (which have been italicized for your convenience).
Specifically, this Policy will inform you of the following:
- What personally identifiable information is collected from you through the Site;
- Why we collect personally identifiable information and the legal basis for such collection;
- How we use the collected information and with whom it may be shared;
- What choices are available to you regarding the use of your data; and
- The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to allow you to use the Site, Social Media Accounts, or provide you with any Products or Services. We collect information about you when you communicate with us and/or when you visit, use, or download content from the Site or Social Media Accounts, including, without limitation, when you purchase Products and Services, sign up for or request our publications, newsletters, or notifications, or post, publish, or otherwise take action on or through the Site or Social Media Accounts. We also collect information automatically when you visit our Site, which may include cookies, third party tracking technologies and server logs.
The personal information we collect includes information you provide us, which may consist of your name, postal address, telephone number, email address, date of birth, demographics, activities, location information and payment information and other reasonably identifying information relevant to the Site, Social Media Accounts, or our Products and Services. Personal information does not include “de-identified,” “anonymous” or “aggregate information,” which are not associated with a specific person or entity.
We may link information we automatically collect with personal information for any lawful purpose, such as to improve and analyze the use of the Site or Social Media Accounts, to improve user experience, to deliver Products and Services, to communicate with you, to monitor the security and integrity of the Site or Social Media Accounts, and to analyze our operations.
TKD may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public. With this, we may also collect information about you when you visit or otherwise use the Site or Social Media Accounts, such as when you view or click on content or ads, perform a search, or share TKD articles. This could include sending a “cookie,” “pixel tag,” clear gif or web beacons to your device that contains identification unique to the device you are using. The information we receive through cookies, web beacons, and similar technologies may enable us to recognize users across devices, such as smartphones, computers, tablets, or related browsers. Depending upon your device or computer, you may be able to set your browser(s) to reject cookies or delete cookies, but that may result in the loss of some functionality of the Site or Social Media Accounts and/or certain Products and Services.
Please rest assured that the Site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of the Site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy.
Please note that if you are an EU resident, to the extent that any cookie can uniquely identify a computer, mobile device, tablet, or the person using such device, under the General Data Protection Regulation (“GDPR”), this is considered personal data to which, if collected by us, this Policy applies.
Why We Collect Information and For How Long
We are collecting your data for several reasons, including, without limitation, to:
- better understand your needs and provide you with the Products and Services you have requested;
- fulfill our legitimate interest in improving our services and products; or
- send you promotional emails containing information we think you may like;
- contact you to fill out surveys or participate in other types of market research;
- customize the Site according to your online behavior and personal preferences; and
protect our rights, interests, safety and property and that of our customers, service providers and other third parties
The data we collect from you will be stored for no longer than necessary. The length of time we retain such information will be determined based upon the following criteria: (A) the length of time your personal information remains relevant,(B) the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations, (C) any limitation periods which claims might be made, (D) any retention periods prescribed by law or recommended by regulators, professional bodies or associations, (E) the type of contract we have with you, (F) the existence of your consent, and (G) our legitimate interest in keeping such information as stated in this Policy.
Use of Information Collected
TKD does not now, nor will it in the future without your consent, sell, rent or lease any of its customer lists and/or names to any third parties.
TKD may collect and may make use of personal information to assist in the operation of our Site and to ensure delivery of the services you need and request. We may also use personal information to promote security, investigate violations of our agreements (including this Policy) and/or attempts to harm our users and visitors, and verify proper conduct using the Site or Social Media Accounts and/or our Products and Services. Additionally, we use personal information for investigations or prevention of fraud or network abuse. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.thekidneydietitian.org
TKD may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
TKD uses various third-party social media features including but not limited to Facebook, Instagram, Twitter, Pinterest and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within TKD’s control.
We may anonymize and/or de-identify information collected by TKD via the Site or Social Media Accounts or other means so that the information does not identify you. Notwithstanding any other provision in this Policy, TKD’s use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Policy, and we may disclose it to others without limitation for any purpose.
The GDPR requires data collectors, such as TKD, to have a legal basis to use the personal data of EU residents. Therefore, this section shall apply to any such personal data collected by TKD. TKD uses the personal data that you provide to supply you with high-quality products, content and services as you request, to send important notices, and for internal purposes such as auditing, data analysis, and research to provide you with the information you need to make the most informed decisions. We may also use your personal data to offer you products, content or services that may be of interest to you, based upon your interests or the preferences you shared with us, and may share your personal data with third party sponsors of content, events, and other services or offers. The legal basis for processing your personal data is your consent. In certain circumstances we may otherwise process your personal data if TKD has a legitimate interest in doing so and TKD is not infringing any of your rights and freedoms. When TKD processes your personal data for TKD’s legitimate interests, TKD will consider and balance any potential impact on you and your rights under data protection and any other relevant law. Our legitimate business interests do not override your interests. TKD will not use your personal data in circumstances where your rights and freedoms override our legitimate interests, unless we have your consent or are otherwise required or permitted to by law.
Disclosure of Information
TKD will not sell, license, rent, use or otherwise disclose your personal information to unaffiliated third parties, except under the following circumstances:
- as necessary to provide services or products you have ordered;
- in other ways described in this Policy or to which you have otherwise consented;
- to our third-party vendors and partners who complete transactions or perform services on our behalf (for example, credit/debit card processing, development, fraud protection, billing, shipping, customer service, auditing and marketing);
- in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
- as required by law, or in response to a subpoena or search warrant;
- to outside auditors who have agreed to keep the information confidential;
- as necessary to enforce the Terms of Service;
- pursuant to a change in your business structure, such as a merger, acquisition, joint venture, corporate reorganization, financing or sale of company assets, or in the unlikely event of insolvency, bankruptcy or receivership;
- as required by law or other legal process, such as a court order, summons, subpoena, and the like;
- to investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies, enforce our rights in connection with our agreements with you, or investigate and defend ourselves against any third-party claims or allegations; or
- as necessary to maintain, safeguard and preserve all the rights and property of TKD.
Third parties may collect information about your online activities over time and across different websites when you use the Site or Social Media Accounts. For example, we may enable social network plug-ins, whereby those social media providers embed content and tools on the Site (i.e., plug-ins), which may collect personal information directly from you in connection with your interaction with such content and tools. Such providers’ use of the information is subject to their own privacy policies, which we recommend you review. We are not responsible for such providers’ privacy practices, which are not covered by this Policy.
We may share any of the information we collect with affiliated companies under common ownership or control, such as companies that are part of the TKD family of companies, and any successors and assignees of TKD. We share information with our affiliates so that they may provide you with information regarding products and services that may be of use to you, and for any other use set forth in this Policy. If we choose to share information we collect in this fashion, we will require our affiliates to honor this Policy.
If you are an EU resident, TKD will only share your personal data with unaffiliated third parties, with your consent. If TKD shares your personal data to TKD’s affiliates or with any other third party as described in this Policy and your personal data will be transferred to a state which is not a member state of either the EU or the EEA, or deemed adequate by the European Commission, TKD (as a data controller/data exporter) will only conduct such transfer (to a data processor/data importer) if there are suitable safeguards in place, such as binding corporate rules, standard contractual clauses, approved Codes of Conduct, or approved certification mechanism. For more information, please contact [email protected].
The Kidney Dietitian greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in TKD products and services). In certain circumstances, we may use our Site, or other public means to post a notice.
Children under the age of 13
The Site is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this Site.
California Privacy Rights
California Civil Code Section 1798 entitles California customers to request information concerning whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. As stated in this Policy, we will not sell or share your personal information with non-affiliated companies for their direct marketing purposes without your consent (and as otherwise set forth in this Policy). California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the contact provide below.
Unsubscribe or Opt-Out
All users and visitors to our Site have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our newsletter, you can unsubscribe at the bottom of all e-mails sent. You can also unsubscribe by sending an e-mail to [email protected]. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. TKD will continue to adhere to this Policy with respect to any personal information previously collected. Please note that it may take us some time to process your requests, consistent with applicable law. Please note that you do not have the ability to opt-out of non-marketing communications that we send you in connection with the use of the Site or Social Media Accounts, such as when you have engaged in transactions with us.
Links to Other Websites
Notice to European Union Users
TKD’s operations are located primarily in the United States, so your personal data will be processed by us in the United Stated where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the EU. If you provide information to us, the information will be transferred out of the EU and sent to the United States, which may not offer an equivalent level of protection of that required in the EU or certain other countries, and to the processing of that information as described in this Policy. By providing personal information to us, you are consenting to its storage and use as described in this Policy.
Social Media Accounts
Your Rights as a Data Subject
Under the regulations of the GDPR of the EU, you have certain rights as a Data Subject. These rights are as follows:
- The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.
- The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to [email protected].
- The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.
- The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to [email protected].
- The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to [email protected].
- The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at [email protected].
- The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to [email protected].
In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our Site at www.thekidneydietitian.org.
The Kidney Dietitian takes precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Site.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g., billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
We also use Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Although we work hard to protect personal information that we collect and store, no data security measures are 100% secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use, alter, destroy, or disclose personal information. TKD maintains security and incident response plans to handle incidents involving unauthorized access to private information we collect or store. We retain information only as long as reasonably necessary for business, accounting, tax or legal purposes. When we dispose of personal information, we use reasonable procedures designed to erase or render it unreadable (e.g., shredding documents and wiping electronic media). If you become aware of a security issue, please contact us at the address, email address, or telephone number provided at the bottom of this Policy. We will work with you to address any problems.
You play an important role in ensuring the security your personal information. We encourage you to use safeguards to protect your information. If you have provided personal information to us and wish to delete, change, or correct, or limit or restrict our use of such personal information, you can: (A) ask us to erase or delete all or some of your personal information (e.g., if it is no longer necessary to provide services to you), (B) ask us to stop using all or some of your personal information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal information is inaccurate or unlawfully held); and (C) ask us for a copy of your personal information.
For any of the above requests, you will need to send us a written request (email or other reliable form of written communication) in accordance with our notice provisions below. We are not required to alter or delete information stored for purposes of backup or disaster recovery (or where such action may not be technologically possible).
If you are an EU resident, under the GDPR, you may, among other things, send TKD a request to (A) confirm that TKD is processing your personal data, or to access, update or correct the personal data ASP holds about you, or to obtain a copy to reuse for your own purposes, (B) erase your personal data, (C) opt-out of marketing communications from TKD or (D) restrict TKD’s processing of your personal data. We kindly ask you to send such concerns (or objection) in written form stating your name, address and phone number, so that we can confirm your identity. If you inform us that you want your personal data erased (if you are an EU resident), or that you no longer wish for us to communicate with you for marketing purposes, or to otherwise restrict TKD’s processing of your personal data, we may retain some basic information in order to avoid sending you unwanted materials in the future, and to keep a record of your request and our response.
THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS POLICY, IF ANY, ARE TKD’S ONLY REPRESENTATIONS AND WARRANTIES AND NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WILL APPLY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TKD NOR ANY PERSON ASSOCIATED WITH TKD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR SOCIAL MEDIA ACCOUNTS. WITHOUT LIMITING THE FOREGOING, TKD NOR ANYONE ASSOCIATED WITH TKD REPRESENTS OR WARRANTS THAT THE SITE OR SOCIAL MEDIA ACCOUNTS OR THE CONTENTS THEREIN WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SOCIAL MEDIA ACCOUNTS OR THE SERVER OR PLATFORM THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR SOCIAL MEDIA ACCOUNTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TKD EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHER USERS OF THE SITE OR SOCIAL MEDIA ACCOUNTS. IF YOU ARE DISSATISFIED WITH THE SITE OR SOCIAL MEDIA ACCOUNTS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR SOCIAL MEDIA ACCOUNTS.
Some jurisdictions do not allow the disclaimer of warranties, so such disclaimer may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TKD BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF TKD OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL THE TOTAL LIABILITY OF TKD TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THIS POLICY OR YOUR ACCESS TO OR USE OF THE SITE OR SOCIAL MEDIA ACCOUNTS EXCEED, IN THE AGGREGATE, $100.00.
Some jurisdictions do not allow the exclusion of damages, so such exclusions may not apply to you. The limitation of liability set forth above shall only apply to the extent permitted by applicable law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS POLICY OR YOUR USE OF THE SITE OR SOCIAL MEDIA ACCOUNTS OR OUR PRODUCTS AND SERVICES MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If you have a dispute with one (1) or more other users of the Site or Social Media Accounts, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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 disputes. IN ENTERING INTO THIS POLICY YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THE RELEASE CONTAINED HEREIN TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS POLICY, INCLUDING, WITHOUT LIMITATION, 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Acceptance of Terms
By viewing, using, registering, or accessing this Site or affiliated social media accounts, you are hereby accepting and agreeing to be bound by the terms and conditions stipulated within the Policy. Your continued use of our Site following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.
You may not access or use the Site or Social Media Accounts if you (A) do not agree to this Policy, (B) are not at least eighteen (18) years old, or (C) are prohibited from accessing or using the Site or Social Media Accounts by applicable law.
You hereby represent that you (A) have read, understood and accepted this Policy, (B) will be financially responsible for your access to or use of the Site or Social Media Accounts, (C) are at least eighteen (18) years old, and (D) may otherwise enter into and form binding contracts under applicable law.
Mediavine Programmatic Advertising (Ver 1.1)
The Site works with Mediavine to manage third-party interest-based advertising appearing on the Site. Mediavine serves content and advertisements when you visit the Site, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website.
First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Site to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at All About Cookies.
Without cookies you may not be able to take full advantage of the Site content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site. In the event you opt-out, you will still see non-personalized advertisements on the Site.
The Site collects the following data using a cookie when serving personalized ads:
- IP Address
- Operating System type
- Operating System version
- Device Type
- Language of the website
- Web browser type
- Email (in hashed form)
Mediavine Partners (companies listed below with whom Mediavine shares data) may also use this data to link to other end user information the partner has independently collected to deliver targeted advertisements. Mediavine Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Mediavine publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes usage data, cookie information, device information, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Mediavine Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising.
If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit National Advertising Initiative opt out page. You may also visit Digital Advertising Alliance website and Network Advertising Initiative website to learn more information about interest-based advertising. You may download the AppChoices app at Digital Advertising Alliance’s AppChoices app to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.
For specific information about Mediavine Partners, the data each collects and their data collection and privacy policies, please visit Mediavine Partners.
For information regarding data collection by Mediavine ad partners including how to opt out of data collection, please click here.
By accessing the Site or Social Media Accounts, you agree that this Policy and your use of the Site or Social Media Accounts shall be governed exclusively by the laws of the State of Illinois without regard to conflict of laws principles, regardless of your location when accessing the Site or Social Media Accounts. This Policy is entered into and performed in Chicago, Cook County, Illinois. This Policy does not give rise to personal jurisdiction over TKD, either specific or general, in jurisdictions other than Illinois. TKD makes no representation that the Site or Social Media Accounts are appropriate or will be available for use in other locations. If you use a site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Site or Social Media Accounts and third party content.
The parties shall attempt to resolve any disputes through good faith business negotiations or facilitative mediation in Chicago, Illinois. Except as otherwise determined by TKD, in its sole discretion, all disputes or claims arising out of or relating to this Policy shall be settled by arbitration, to be conducted by a single arbitrator in Chicago, Illinois, by and in accordance with the then effective commercial rules of the American Arbitration Association; provided that the arbitrator shall not have authority to issue injunctions. The proceedings shall be conducted only in the English language. Judgment upon the award may be entered in any court having jurisdiction thereof. Other legal proceedings, if any, shall be initiated and maintained in Cook County, Illinois. The parties expressly submit to the exclusive personal jurisdiction and venue of these courts and waive any objection on the grounds of personal jurisdiction, venue, or forum non conveniens.
Attorneys’ Fees and Costs
If any litigation or other court action, arbitration, or similar adjudicatory proceeding is commenced by any party to enforce its rights under this Policy against the other party, all fees, costs and expenses, including, without limitation, cost of arbitration, reasonable attorneys’ fees and court costs, incurred by TKD, if it is the prevailing party in such litigation, action, arbitration or proceeding, shall be reimbursed by you; provided, that if TKD prevails in part, and loses in part, the court, arbitrator or other adjudicator presiding over such litigation, action, arbitration or proceeding shall award a reimbursement of the fees, costs and expenses incurred by TKD on an equitable basis.
Any notice to TKD must be in writing and must be sent via email to [email protected]. Any notice to you shall be given by email to the email address provided by you to us. Notice shall be deemed to have been given to you upon twenty-four (24) hours after it has been sent or at the time the information was posted on or through the Site or Social Media Accounts. If you change your email address, you are responsible for notifying us.
If any provision of this Policy is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Policy, and the remainder of this Policy shall continue in full force and effect.
The failure by TKD to exercise or enforce any rights or provisions of this Policy shall not constitute a waiver of such right or provision.
No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by this Policy.
All provisions in this Policy regarding representations and warranties, content, indemnification, disclaimers and limitations on liability shall survive any termination of this Policy.
Any delay in the performance of any duties or obligations of TKD will not be considered a breach of this Policy if such delay is caused by a labor dispute, market shortage of materials, fire, earthquake, flood or any other event beyond the control of TKD, provided that TKD uses reasonable efforts, under the circumstances, to resume performance as soon as reasonably practicable.
How to Contact Us
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
If you are an EU resident and believe you have suffered harm due to a breach of your rights by TKD under this Policy, and TKD has not handled your complaint in a reasonably sufficient manner, you may also file a complaint with the applicable supervisory authority. In addition, you may contact us at [email protected] by sending your privacy-related comments or questions to the address set forth above.