Terms of Service & Sale

Last updated August 2023

The “Site” (www.thekidneydietitian.org) is operated by Melanie Betz Nutrition LLC, an Illinois limited liability company doing business as The Kidney Dietitian (“TKD”). Throughout the Site, the terms “we“, “us” and “our” refer to TKD. TKD 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.

These Terms of Service and Sale (the “Terms”) govern your access to and use of the Site and TKD’s social media accounts, pages, and other applications (“Social Media Accounts”), including, without limitation, any content and functionality, and apply to the purchase and sale of products and/or related services (“Products and Services”) offered by TKD, through or on our Site.

These Terms apply to visitors of the Site, Social Media Accounts, any subscribers of TKD’s publications, newsletters, or notifications, any contributors of content to the Site or Social Media Accounts, any users, viewers, subscribers, or purchasers of TKD’s Products and Services, and any of TKD’s other customers, clients, members, and partners (all of whom may be referred to as “you” in these Terms).  

BY VIEWING, USING OR ACCESSING THE SITE OR SOCIAL MEDIA ACCOUNTS, OR BY PURCHASING OR PLACING AN ORDER FOR OUR PRODUCTS AND SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. PLEASE READ THESE TERMS AS WELL AS THE PRIVACY POLICY CAREFULLY.

YOU MAY NOT ACCESS OR USE THE SITE OR SOCIAL MEDIA ACCOUNTS OR ORDER OR OBTAIN PRODUCTS FROM THE SITE, IF YOU (A) DO NOT AGREE TO THESE TERMS AND THE PRIVACY 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.

Conduct

You agree to comply with all applicable laws and regulations regarding your use of and access to the Site. Notwithstanding anything contained herein to the contrary, you agree you will not engage in any of the following prohibited activities in connection with the Site:

  • breach, violate, or circumvent any federal, state, local, or international laws or regulations, third-party rights or our systems, policies, or determinations of your account status;
  • exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms;
  • transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • impersonate another person or otherwise misrepresent your affiliation with a person or entity;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to TKD, including, without limitation, reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to TKD;
  • infringe any Intellectual Property Rights that belong to third parties or post content that does not belong to you;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
  • harvest or otherwise collect information about users from the Site; or
  • circumvent any technical measures we use to provide the Site.

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. 

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), TKD has implemented procedures for receiving written notification of claimed infringements. TKD has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may send us a written notice identifying the copyright infringement, which contains:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description specifying the location on the Site or Social Media Accounts of the material that you claim is infringing;
  • your email address and your mailing address and/or telephone number;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
  • a true and correct copy of a Copyright Registration Certificate issued by an appropriate governmental unit with respect to the copyrighted work upon which the claim is based; and
  • a true and correct copy of the deposit of the copyrighted work submitted by you to the appropriate governmental unit in connection with the your application to register the copyrighted work.

Please submit your notice to us at [email protected].

Users agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Site.

Submissions

If you submit any content to this Site, 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

The Site, Social Media Accounts, and Products and Services contain trademarks, trade names, content, features, functionality, video, audio, images, displays, works of authorship, text, files, photos, designs and other material of TKD (“TKD Content”).  TKD Content and all Intellectual Property Rights thereto are protected by United States and international copyright, trademark, patent, trade secret and other proprietary or Intellectual Property Rights laws and TKD or its licensors is and shall at all times remain the sole and exclusive owner of the TKD Content and all Intellectual Property Rights thereto. TKD hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TKD Content (excluding any software code) solely for your personal use in connection with viewing or using the Site or Social Media Accounts. Except as expressly authorized by TKD, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site or Social Media Accounts, or the TKD Content, in whole or in part. In connection with your use of the Site or Social Media Accounts, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site. Social Media Accounts, and Products and Services other than as specifically authorized herein is strictly prohibited. The technology underlying any of the Site, Social Media Accounts, and Products and Services is the property of TKD, our affiliates, licensors, and/or contractors. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Site, Social Media Accounts, and Products and Services. Any rights not expressly granted herein are reserved by TKD.

You acknowledge, understand and agree that all of TKD trademarks, copyright, trade name (including the name “The Kidney Dietitian”), 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. Other company, product, and service names and logos used and displayed through the Site or Social Media Accounts may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TKD and may not be used by you without permission. Any use of such marks, or any others displayed on through the Site or Social Media Accounts, will inure solely to the benefit of their respective owners

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, TKD 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

You agree to indemnify and hold harmless TKD, its affiliated companies and their respective officers, directors, employees, managers, agents, successors and assigns (“Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs) made by any party due to or arising out of your (a) breach of these Terms, (b) improper use of the Site, Social Media Accounts, and Products and Services or (c) breach of any law or the rights of a third party. TKD shall promptly notify you in writing of any threatened or actual claim or demand and reasonably cooperate with you to facilitate the settlement or defense thereof. You shall have sole control of the defense or settlement of any claim or demand, provided that TKD, at its option and expense, may participate and appear on an equal footing with you. You shall not settle any claim or demand without the written consent of the Indemnified Parties, with such consent not to be unreasonably withheld or delayed.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY 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 PRODUCTS AND SERVICES, EVEN IF TKD OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, MANAGERS, AGENTS AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES  RESULTING DIRECTLY OR INDIRECTLY FROM:

  • YOUR USE OF OR YOUR INABILITY TO USE THE SITE, SOCIAL MEDIA ACCOUNTS, OR OUR PRODUCTS AND SERVICES;
  • THE TKD CONTENT OR OTHER GUIDANCE PROVIDED BY TKD;
  • DEFECTS IN OR ANY INACCURACIES CONTAINED IN THE SITE, SOCIAL MEDIA ACCOUNTS, OR OUR PRODUCTS AND SERVICES;
  • DELAYS OR DISRUPTIONS IN THE SITE, SOCIAL MEDIA ACCOUNTS, OR OUR PRODUCTS AND SERVICES;
  • VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE SITE OR SOCIAL MEDIA ACCOUNTS;
  • GLITCHES, BUGS, ERRORS OR INACCURACIES OF ANY KIND IN THE SITE, SOCIAL MEDIA ACCOUNTS, OR OUR PRODUCTS AND SERVICES;
  • DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SITE OR SOCIAL MEDIA ACCOUNTS;
  • THE CONTENT, ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING ANY SUBMISSIONS POSTED ON OR THROUGH THE SITE OR SOCIAL MEDIA ACCOUNTS OR THE MISREPRESENTATIONS OF ANY THIRD PARTY;
  • A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO THE SITE, SOCIAL MEDIA ACCOUNTS, OR OUR PRODUCTS AND SERVICES OR BREACH OF ANY OF THESE TERMS; OR
  • YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR THE PRIVACY POLICY.

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 THESE TERMS OR YOUR PURCHASE OR USE OF THE SITE, SOCIAL MEDIA ACCOUNTS, OR OUR PRODUCTS AND SERVICES EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SITE OR A THIRD PARTY SITE.

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.

Statute of Limitations

To the fullest extent permitted by law, you acknowledge, understand and agree that any claim or action arising out of or related to these Terms or your use of our Products and Services must be filed within six (6) months after said claim or cause of action accrues, otherwise such claim or cause of action shall be forever barred.

Sale of Electronic Content

GIVEN THE NATURE OF ELECTRONIC PRODUCTS AND EASE OF REPRODUCIBILITY, TKD DOES NOT OFFER REFUNDS UNDER ANY CIRCUMSTANCES FOR ELECTRONIC CONTENT SUCH AS EBOOKS, ECOOKBOOKS PURCHASED ON THE SITE, OR WITH RESPECT TO KIDNEY STONE NUTRITION SCHOOL (the “Course”) PURCHASED ON THINKIFIC.COM.

Access to the Course for installment payment customers is contingent upon full payment of all installments. Access to the Course will be revoked if all payments are not completed as agreed during enrollment.

All prices, discounts, and promotions posted on the Site are subject to change by TKD without notice. The price charged for any ordered Products and Services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases shall only apply to orders placed after such changes. Unless expressly stated otherwise, prices for all Products and Services are in the form of US Dollars. Posted prices do not include taxes or charges or fees for shipping, handling, or telecommunication. All such taxes and charges will be added to your order total, and will be itemized in your shopping cart and in your order confirmation email, receipt, or statement. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard or American Express for all purchases. You represent and warrant that (a) the credit card information you supply to us is true, correct, and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 

You represent and warrant that you are buying Products and Services from the Site for your own personal or household use only, and not for resale.

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 Site, 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. By using the Site, Social Media Accounts, or otherwise providing your information to TKD, you agree that you may receive communications from TKD, including, but not limited to, emails, newsletters, promotions, special offers, and updates. Any applicable charges you incur as a result of a particular method of communication by TKD shall be your sole responsibility. You also understand that you may remove yourself from non-transaction-based communications by clicking the “Unsubscribe” link in the footer of the actual email.  When you use the Site, Social Media Accounts, or send emails, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, or notices and messages on the Site and Social Media Accounts. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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 to you during registration as a registered member, or as subsequently updated by you, or via posting on the Site, any of which you agree shall be sufficient notice to you. 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 our Site, Social Media Accounts, or Products and Services. If you change your email address, you are responsible for updating your account profile.

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.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, SOCIAL MEDIA ACCOUNTS, CONTENT, SUBMISSIONS, AND PRODUCTS AND SERVICES PROVIDED BY OR THROUGH TKD ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.   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, SOCIAL MEDIA ACCOUNTS, CONTENT, SUBMISSIONS, OR PRODUCTS AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TKD NOR ANYONE ASSOCIATED WITH TKD REPRESENTS OR WARRANTS THAT THE SITE, SOCIAL MEDIA ACCOUNTS, CONTENT, SUBMISSIONS, OR PRODUCTS AND SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, SOCIAL MEDIA ACCOUNTS, CONTENT, SUBMISSIONS, AND PRODUCTS AND SERVICES ARE FREE OF OTHER HARMFUL COMPONENTS, OR THAT ANY OF OUR PRODUCTS AND SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TKD EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, SOCIAL MEDIA ACCOUNTS, OR ANY OF OUR PRODUCTS AND SERVICES. IF YOU ARE DISSATISFIED WITH OUR SITE, SOCIAL MEDIA ACCOUNTS, CONTENT, SUBMISSIONS, OR ANY OF OUR PRODUCTS AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING OUR SITE, SOCIAL MEDIA ACCOUNTS, AND OUR PRODUCTS AND SERVICES.

Some jurisdictions do not allow the disclaimer of warranties, so such disclaimer may not apply to you.

Release

If you have a dispute with one (1) or more users of the Site, Social Media Accounts or users of our Products and Services, 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 THESE TERMS, 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 THESE TERMS, 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.”

Governing Law

By accessing the Site or Social Media Accounts, or by purchasing any of the Products and Services, you agree that these Terms and your use of the Site, Social Media Accounts, and Products and Services 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 or when purchasing the Products and Services.  These Terms are entered into and performed in Chicago, Cook County, Illinois.  These Terms do not give rise to personal jurisdiction over TKD, either specific or general, in jurisdictions other than Illinois. TKD makes no representation that the Site, Social Media Accounts, or Products and Services are appropriate or will be available for use in other locations.

Dispute Resolution

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 these Terms 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 costs of the arbitration and the reasonable attorneys’ fees of TKD shall be included in any award rendered by the arbitrator. 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, and in the event TKD brings such legal proceeding against you to enforce TKD’s rights hereof, the costs and expenses incurred by TKD (including attorneys’ fees) in connection with such legal proceeding shall be paid for by you. 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.

Severability 

If any provision of these Terms 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 these Terms, and the remainder of these Terms shall continue in full force and effect.

No Waiver 

The failure by TKD to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision.

No Partnership

No partnership, joint venture, franchisor-franchisee, or agency relationship is intended or created by these Terms.

Social Media Accounts Policy

Your use or viewing of or access to TKD’s Social Media Accounts, such as social networking pages or profiles, blogs, and file sharing sites (i.e., Facebook, Twitter, LinkedIn, Instagram), is subject to these Terms, the Privacy Policy, and the terms of use of the applicable social media platform.  TKD may post links, offers, or other information or statements on its social media accounts.  TKD reserves the right to discontinue any of the Social Media Accounts at any time.

The information presented on or through the Social Media Accounts is made available solely for general information purposes. We do not represent or warrant the accuracy, completeness, usefulness, timeliness, currentness, or reliability of such information. You agree and acknowledge that your review of all content on the Social Media Accounts is at your own risk, and you should not rely on any information or advice presented on or through the Social Media Accounts.  Any reliance you place on such information or advice is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our social media accounts, or by anyone who may be informed of any of its contents.  In addition, you agree that TKD is not responsible, and shall have no liability to you, with respect to any information on the Social Media Accounts, even if it is defamatory, offensive, or illicit.

TKD does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the Social Media Accounts.  Any online information or material, including advice and opinions, are the views and responsibility of those making the comments.  Also, please keep in mind that if TKD follows another user’s account, “likes” another page, re-tweets, “favorites,” shares, or otherwise re-posts another user’s content, such an action does not constitute an endorsement.

All comments submitted or posted on the Social Media Accounts are considered Submissions and subject to the terms, conditions, requirements, and restrictions concerning Submissions as outlined above.  In addition, TKD reserves the right to review, delete, edit, or move any Submissions on the Social Media Accounts and/or to block any social media follower in its discretion. 

The Social Media Accounts are not the appropriate place to resolve issues, complaints, or suggestions about individual sales and service experiences of our Products and Services. This does not mean we do not want to hear about such issues, but these types of concerns are best handled by trained representatives. If you’re interested in sharing comments or feedback outside the scope of the Social Media Accounts, you can send a message to [email protected]. Comments may be forwarded to other TKD personnel to ensure appropriate follow-up.

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.

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 Products and 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.

Research & Quality Improvement

Data routinely collected from the course may be used for quality improvement and/or research purposes. Unless otherwise notified, no identifying information is associated with data collected and used for these projects.

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