TERMS AND CONDITIONS
Agreement between you and Renal Physicians Association
Welcome to www.renalmd.org. The www.renalmd.org website and the services provided on the website (the "Site") is comprised of various web pages owned and operated by Renal Physicians Association ("RPA"). www.renalmd.org is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). These Terms, the Privacy Policy, the Logo Usage Policy,
and all other documents referenced herein govern the relationship between you, the Site visitor ("you" or “your”) and RPA with respect to your use of this Site. You agree that the agreement formed by these Terms is like any written negotiated
agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all
of your obligations hereunder, whether on behalf of yourself or any entity that you represent.
You hereby acknowledge and accept that your access, browsing, or other use of www.renalmd.org constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. If you do not agree to accept and
abide by these Terms, you should not access or use this Site.
We reserve the right at any time to change: (i) these Terms; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through this Site or the hours
that they are available; (iii) the equipment, hardware or software required to use and access this Site, and (iv) prices for items available on the Site. We shall not be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Site, or any items available on the Site.
You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes and are prohibited from using this
Site in a manner that is contrary to or in violation of these Terms.
www.renalmd.org is a News and Information Site.
The purpose of the site is provide individuals with nephrology specific information and news. We have items for sale such as clinical guidelines, books, tools and programs that are nephrology specific.
Privacy
Your use of www.renalmd.org is subject to RPA's Privacy Policy. Please review our Privacy Policy, which also governs the
Site and informs users of our data collection practices.
User Responsibilities
The Site’s content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, posted, or transmitted in any way, except as may be
otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Site in any way.
You represent and warrant that: you will perform under these Terms in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist
supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best
of your knowledge and belief.
You will NOT, and you will NOT allow any third party to:
- Use the Site in a manner other than as expressly permitted by these Terms;
- Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms, including for any commercial purpose;
- Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Site;
- Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Site, or combine the Site or any part thereof
with any other computer code, programs, materials, or services;
- Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, or distribute the Site or any part thereof;
- Use the Site, including, without limitation, any Site content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property
rights, privacy rights, and publicity rights;
- Commit fraud or falsify information in connection with your use of the Site;
- Work around any of the technical limitations of the Site or use any tool to enable features or functionalities that are otherwise disabled in the Site;
- Perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
- Engage in activities that aim to render the Site or associated services inoperable or make their use more difficult;
- Attempt to disable, damage, overburden, impair or gain unauthorized access to the Site or our servers;
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site (including, without limitation, using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling
that content for any purpose;
- Harvest or otherwise collect or store personal information about other users of the Site, including, for example, email addresses, without the express consent of such users;
- Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
- Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity;
nor
- Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site, or attempt to collect personal information about third parties without their knowledge or consent.
RPA may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Site, and may terminate these Terms, including, without limitation, if you breach these Terms
or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
Job Applicants
If you submit a resume, job application, or related materials or other information to us, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission
of a resume, job application, or related information does not in any way require RPA to review that information or consider you for employment. To view career opportunities at RPA or to submit a job application, you may be redirected to an online
career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal (if applicable).
Electronic Communications
Visiting www.renalmd.org or sending emails to RPA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities
that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that RPA is not responsible for third party access to your account that results from theft or misappropriation
of your account. RPA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Eighteen
RPA does not knowingly collect, either online or offline, personal information from persons under the age of 18.
Links to Third Party Sites/Third Party Services
www.renalmd.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of RPA and RPA is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. These Terms do not govern or apply to the Linked Site. We encourage you to read any terms of use, privacy policies or similar documents
made available on such Linked Sites. RPA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RPA of the site or any association with its operators.
Certain services made available via www.renalmd.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.renalmd.org domain, you hereby acknowledge and consent that RPA
may share such information and data with any third party with whom RPA has a contractual relationship to provide the requested product, service or functionality on behalf of www.renalmd.org users and customers. Please see our Privacy Policy for more information.
Availability; Internet Software; Security
While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend this Site, or any part thereof, with or without prior notice for any reason. Due
to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses
or other destructive programs may also be inadvertently downloaded from this Site.
RPA shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access
to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site. RPA recommends that you install appropriate anti-virus or other protective software.
Copyright Infringement
If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright
Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows:
The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as questions related to items available for purchase on the Site and requests or concerns regarding
improper content, will not receive a response through this process.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.renalmd.org strictly in accordance with these Terms. As a condition of your use of
the Site, you warrant to RPA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other
party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
The Site is owned and operated by RPA in conjunction with others pursuant to contractual arrangements. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used
on the Site, is the property of RPA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of RPA or any third
party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by RPA to you under any patent, copyright, trademark, trade secret, or other intellectual property right of RPA and all such rights
are reserved and retained by RPA. ALL RIGHTS RESERVED.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. RPA content is not for resale. Your use
of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal
use, and will make no other use of the content without the express written permission of RPA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of RPA or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your RPA account to third party accounts. By connecting your RPA account to your third party account (i.e. the RPA Member Portal operated by MemberSuite), you acknowledge and
agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this
feature.
International Users
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms, you may not enter into this agreement or use this Site. Furthermore, if you are residing
in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site, you are explicitly stating that you have verified in
your own jurisdiction if your use of this Site is allowed.
We make no—and you acknowledge that we make no—representation that materials on this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any
such services, materials, or other item provided. The Site is controlled, operated and administered by RPA 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 the RPA Content accessed through www.renalmd.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless RPA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating
to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules
or regulations. RPA reserves, and you hereby grant us, the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RPA in asserting
any available defenses. You shall not in any event settle any such matter without the prior written consent of RPA. This indemnification section will survive any termination or expiration of these Terms.
Liability Disclaimer
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE ND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE. THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RENAL PHYSICIANS ASSOCIATION AND/OR ITS SUPPLIERS MAY MAKE, BUT ARE IN NO
WAY REQUIRED TO PROVIDE OR MAKE, IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
RENAL PHYSICIANS ASSOCIATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON OR MADE AVAILABLE THROUGH THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RENAL PHYSICIANS ASSOCIATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RENAL PHYSICIANS ASSOCIATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RENAL PHYSICIANS
ASSOCIATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS SET FORTH IN THIS PARAGRAPH, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS,
OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
RPA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice, at anytime and for any reason
in RPA’s sole discretion, including, without limitation, if RPA suspects you have breached these Terms. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive
jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site.
These Terms are not assignable, transferable, or sub-licensable by you except with RPA’s prior written consent. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RPA as a result of this
agreement or use of the Site. RPA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RPA's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by RPA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RPA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and RPA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Any provisions of these Terms that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to
or use of the Site.
Changes to Terms
RPA reserves the right, in its sole discretion, to change the Terms under which www.renalmd.org is offered. The most current version of the Terms will supersede all previous versions. Any changes we make to
these Terms will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. RPA encourages
you to periodically review the Terms to stay informed of our updates.
Contact Us
RPA welcomes your questions or comments regarding the Terms:
Renal Physicians Association
1700 Rockville Pike Suite 320
Rockville, Maryland 20852
Email Address:
rpa@renalmd.org
Telephone number:
301-468-3515
Effective as of January 19, 2024
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