Terms of Service

Last updated July 2020.

The Site (www.thekidneydietitian.org) is operated by The Kidney Dietitian (TKD). Throughout the Site, the terms “we“, “us” and “our” refer to THE KIDNEY DIETITIAN. THE KIDNEY DIETITIAN offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Conduct

As a user or member of the Site, you understand and agree that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the TKD Services.  Because of this, we do not guarantee the accuracy, integrity or quality of content posted by third parties or users of the site.

You agree not to make use of TKD’s Services for the purpose of sharing content that could be deemed unlawful, threatening, abusive, defamatory or invasive of another’s privacy whatsoever.  You agree that all content you post is not subject to copyright or other proprietary or intellectual rights protections.

TKD reserves the right to pre-screen, refuse and/or delete any content available through our Services that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.

TKD herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for compliance with legal processes.

Users agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to TKD’s sites.

Submissions

If you submit any content to this website, including comments, we do not own those materials, but you are granting us permission to use the submitted content in our business. This includes comments, testimonials, feedback, etc. You agree to give us the rights to copy, distribute, transmit, publicly display, post on social media, reproduce, translate, edit, and reformat your submission, and post your name with it, without compensation. We are not obligated to use the submission, but we reserve the right to at our discretion. We also reserve the right to delete any submissions at our discretion.

Intellectual Property

You acknowledge, understand and agree that all of TKD trademarks, copyright, trade name, service marks, and content on the Site are and shall remain the property of TKD. You agree not to display and/or use in any manner the TKD logo or marks without obtaining TKD’s prior written consent.

TKD will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, The Kidney Dietitian may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your intellectual property rights have been violated, you should e-mail us with an exact location and description of the perceived violation at [email protected]

Indemnification

All users agree to insure and hold TKD, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a  member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of TKD Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

Sale of Electronic Content

Given the nature of electronic products and ease of reproducibility, the TKD does not offer refunds for electronic content such as eBooks or eCookbooks purchased on the Site under any circumstances.

Third Party Links

Either TKD or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that TKD  shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

Modifications

TKD reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Notice

TKD may contact you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, postings on our website Services, or other reasonable means. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner.

Government Requests         

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history.  Our right to disclose any such information is governed by the terms of our Privacy Policy.

Foreign Access of Site

The Site is controlled, operated and administered by TKD from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use TKD’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Errors, Inaccuracies & Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.

Privacy Policy

Every member’s registration data and various other personal information are strictly protected by our Privacy Policy (see the full Privacy Policy at www.thekidneydietitian.org/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by The Kidney Dietitian and/or our subsidiaries and affiliates.