KidneyQuest.com
Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
KidneyQuest.com and the services offered by KidneyQuest.com are not endorsed by the U.S. Department of Health and Human Services or any of its agencies or instrumentalities.
Section 301 of the National Organ Transplant Act of 1984 (NOTA), as amended, prohibits any person from knowingly acquiring, receiving, or otherwise transferring any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce. 42 U.S.C. 274e(a). Violators of this criminal prohibition, can be subject to $50,000 fines and/or five years of imprisonment.
Please remember that any information (including medical information) that you reveal in a KidneyQuest publicly viewable area (such as a forum posting, ) is not protected by this Privacy Policy. Such postings will be seen by third parties not related to KidneyQuest. What you've written could be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. Also, if you access a third party site from a link on KidneyQuest, any information you reveal on that site is not subject to this Privacy Policy. You should consult the privacy policies of each site you visit.
KidneyQuest.com. ("KidneyQuest") may revise and update these Terms and Conditions at any time. Your continued usage of the KidneyQuest website ("KidneyQuest Site," or the "Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the KidneyQuest Site, such as text, graphics, images, information obtained from KidneyQuest's licensors, and other material contained on the KidneyQuest Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the KidneyQuest Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. KidneyQuest does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by KidneyQuest, KidneyQuest employees, others appearing on the Site at the invitation of KidneyQuest, or other visitors to the Site is solely at your own risk.
CHILDREN'S PRIVACY.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18.
LIABILITY OF KIDNEYQUEST AND ITS LICENSORS.
The use of the KidneyQuest Site and the Content is at your own risk.
The KidneyQuest Site and the content are provided on an "as is" basis. KIDNEYQUEST, ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, KidneyQuest, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the KidneyQuest Site or KidneyQuest.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the KidneyQuest Site.
In no event shall KidneyQuest, its licensors, or any third parties mentioned on the KidneyQuest Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the KidneyQuest Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not KidneyQuest is advised of the possibility of such damages. KidneyQuest is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below).
KidneyQuest.com. Approval must be requested in writing by contacting KidneyQuest.com at ContactUs@ KidneyQuest@gmail.com. We try to answer every email in a timely manner, but are not always able to do so.
KidneyQuest reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the KidneyQuest Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the KidneyQuest Site, regardless of whether such communication(s) violate these standards.
KidneyQuest may provide links to third-party web sites. KidneyQuest also may select certain sites as priority responses to search terms you enter and KidneyQuest may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. KidneyQuest does not recommend and does not endorse the content on any third-party websites. KidneyQuest is not responsible for the content of linked third-party sites, sites framed within the KidneyQuest Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. KidneyQuest does not endorse any product advertised on the KidneyQuest Site.
INDEMNITY.
You agree to defend, indemnify, and hold KidneyQuest, its owners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL.
KidneyQuest is based in Lansdale, PA, in the United States of America. KidneyQuest makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the KidneyQuest Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You expressly agree that exclusive jurisdiction for any dispute with KidneyQuest, or in any way relating to your use of the KidneyQuest Site, resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Pennsylvania in connection with any such dispute including any claim involving KidneyQuest or its owners.
These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the KidneyQuest Site, these Terms and Conditions and the KidneyQuest Privacy Policy and Agreement constitute the entire agreement between you and KidneyQuest with respect to the use of the KidneyQuest Site, and Content.
Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to contactus@ KidneyQuest@gmail.com or via U.S. mail to KidneyQuest c/o Joan Miller, 1042 S Broad St., Lansdale, PA 19446. We try to answer every email in a timely manner but are not always able to do so.
Your privacy is important to KidneyQuest, Inc. We understand that health is a very personal, private subject, and we want you to feel as comfortable as possible visiting our Website and using its services. Perhaps you are visiting KidneyQuest to learn about organ donation for yourself, perhaps on behalf of someone else.
Please remember that any information (including personal and medical information) that you reveal in a KidneyQuest publicly viewable area (such as a forum,public profile, posting, chat room/event, membership profile, group profile) is not protected by this Privacy Policy. Such postings will be seen by third parties not related to KidneyQuest. What you've written could be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. Also, if you access a third party site from a link on KidneyQuest, any information you reveal on that site is not subject to this Privacy Policy. You should consult the privacy policies of each site you visit.
The following are the provisions of our Privacy Policy that describe the information we collect from or about you; ways we disclose, use and protect that information; choices you have, and how you can update your information or contact us with questions. We hope that reading our Privacy Policy gives you a clear idea of how we manage information about you.
INFORMATION COLLECTED ABOUT YOU
A. Information Collected by KidneyQuest or on KidneyQuest's Behalf
1. In General
Personally Identifiable Information (PII or Personal Information) is information that can be used to identify or contact you. When you visit our Website, KidneyQuest collects only the Personal Information you provide to us. We collect the Personal Information that you provide to us in two general and distinct ways: (1) When you register as a Member and/or when you update your Member Profile, and (2) When you choose to use various KidneyQuest Interactive Tools and Services or participate in surveys or send emails to KidneyQuest. We also collect non-personal information from you and about your use of our Website, emails, special promotions and newsletters that we send to you, and Websites of selected sponsors and advertisers. For example, KidneyQuest may use "cookies" or "web beacons" to collect non-personal information about your use of our site, selected sponsors' sites, or emails we send to you. KidneyQuest does not store any Personal Information in any cookies on your computer. KidneyQuest does not use web beacons to collect any Personal Information from or about you or to track your activities across Websites generally. All of these are described in more detail below.
1. Registration and Member Profile
You may use many of our Website’s features without registering or submitting any Personal Information. In that case, the only information we collect will be non-personal information collected through the use of cookies or web beacons (see details below). However, in order to have access to certain services and content available on our site (e.g., forum), you are required to complete a registration form.
2. E-mails and Newsletters
As noted in the discussions of cookies and web beacons (see above), we collect anonymous, non-personal information about your use of e-mails and newsletters that we may send to you. In some cases, when you click on a link or an advertisement in an e-mail or newsletter, your browser may be momentarily directed to the site of a third party which, acting on KidneyQuest's behalf (see Disclosure to Website Service and Content Contractors, below), notes or "counts" your response to the e-mail or newsletter before re-directing your browser to its proper destination; this re-direction process will not be apparent to you.
B. Children
NO ONE UNDER THE AGE OF 18 MAY USE KIDNEYQUEST.COM OR ANY OF ITS SECTIONS FOR ANY REASON, OR IN ANY MANNER, INCLUDING BUT NO LIMITED TO POSTING PERSONAL INFORMATION.
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act (COPPA) was passed by U.S. Congress in November 1998. COPPA requires that operators of online services or Web sites obtain parental consent prior to the collection, use, disclosure, or display of the personal information of children. The Federal Trade Commission established rules for the act's implementation, which went into effect April 21, 2000.
The Act provides parents with specific rights regarding their children's privacy. For additional information and resources on COPPA visit the links below.
General Info:
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html
For Adults:
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/adults.htm
For Kids:
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/kidz.htm
We do not allow anyone under 18 years old to put in their own information. We believe that children should get their parents' or guardian’s consent before giving out personal information. If you are concerned about your child's use of KidneyQuest.com, if personal information is to be put in for someone under the age of 18 it must be put in by their mother, father or guardian. We also encourage you to use Web filtering technology to supervise your child's access to the site. We also encourage you to participate in your child's experience with KidneyQuest.com.
C. Public Forums
This Privacy Policy does not protect you when you use KidneyQuest public forums. As a service to our users, KidneyQuest features chat rooms and bulletin boards where users with similar medical conditions can share information and support one another or where users can post questions for people to answer. In addition, we may offer online discussions on a variety of topics moderated by medical experts. You should be aware that any information shared in a chat room, bulletin board, other posting or online discussion is public information and may be seen, disclosed to or collected by third parties that do not adhere to our Privacy Policy. You should think carefully before disclosing any personal information in any public forum.
D. Emails to KidneyQuest
This Privacy Policy does not protect you when you send business information, ideas, concepts or inventions to KidneyQuest by email to the various KidneyQuest departments listed on the "Contact Us" link on our Website. If you want to keep business information, ideas, concepts or inventions private or proprietary, do not send them in an email to KidneyQuest. We try to answer every email in a timely manner, but are not always able to do so.
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to KidneyQuest from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that will be difficult or impossible for us to locate. Nevertheless, we promise that upon receiving your request, all Personal Information stored in the databases we actively use for research and daily business activities, and other readily searchable media, will be deleted.
1. What is a cookie and why does KidneyQuest put cookies on my computer? Do I have a choice about them if I want to use the site?
A "cookie" is a small line of text that KidneyQuest can store on your hard drive when you visit the site. Cookies help us give you a better experience as you move through the site. Once you've registered, cookies can allow you can bypass the log-in process. Cookies can allow you to tailor the site to your preferences and allow us to display advertisements that may fit your interests while you visit the site. Note, however, we do not send your personally identifiable information to the advertisers.
There are two types of cookies:
- "Session cookies" are deleted when you close your browser and end a Web viewing session.
- "Permanent cookies" are stored until a date we specify or until you remove them.
Cookies tell us how often a computer, or a person using a login ID, visits our site. They can also record what parts of our site you visited. The text of a cookie can contain a unique identifier assigned to your browser. It can also contain information about you or your preferences.
We do not store your personally identifiable information in your permanent cookies. And KidneyQuest does not and will not link that data to your permanent cookie.
You don't have to accept cookies if you don't want to. You just need to change the settings in your browser to reject all cookies. If you do, you can still visit KidneyQuest, but you'll miss out on certain features. You'll have to log in each time you want to customize your home page and access other sections of the member-only portions of the site. And certain services (such as the Health Risk Appraisal) will not work.
2. Why do I have to provide my email address to register for KidneyQuest? I don't want to receive any emails, anyway.
We ask for your email address in registration so that we can contact you if necessary. Some examples include:
- To contact you about changes in our privacy policy
- To seek your consent for any new uses of your personal information
- To inform you if we were to receive a subpoena or court order for your personal information
You will also receive newsletters at your email address unless you opt out of receiving them (which you can do at any time).
3. Does KidneyQuest track and record my movement through the site? If so, how is this information used?
Through the use of cookies, KidneyQuest has the ability to track and record your movement through the site (commonly known as the "click stream"). This information is not linked and will not be linked with your personally identifiable information. Thus, this information remains anonymous. KidneyQuest uses this anonymous information to collect general statistics about how people use our site and to target advertisements to your interests and preferences.
4. Can I use KidneyQuest without revealing ANY of my personally identifiable information?
Yes. You can visit the site and have access to vast stores of health information without ever having revealed any personally identifiable information. There will never be a time when we capture personally identifiable information without your knowledge.