Terms & Conditions
Last Updated/Effective Date: March 21, 2023
PLEASE READ THIS TERMS OF USE (“Terms”) CAREFULLY. These Terms govern your access to and use of pkdo.org, including any content, functionality, and services offered on or through pkdo.org (“Site”), made available to you by Polycystic Kidney Disease Outreach, Ltd (“pkDO”, “we,” “us,” or “our”).
BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY NOTICE. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY NOTICE, DO NOT ACCESS OR USE THE SITE.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.
1. Privacy Notice. We may collect certain personal information about you and about your use of the Site as described in our Privacy Notice.
2. Content. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of pkDO or, as applicable, its affiliates, vendors, or licensors. Except for the rights expressly granted to you in the next section, pkDO reserves all other rights in and to the Site and Content, including all intellectual property rights.
3. Information Only; No Medical Advice. Our services are not intended as a substitute for, nor do our Site or Content replace, recommend, or endorse professional medical advice, diagnosis, or treatment. Nothing stated, posted, linked, or available through our Site is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. No licensed medical professional/patient relationship is created by using our Site and services. pkDO does not make representations or warranties with respect to any treatment, action, or application of medical or preparation by any person following the information offered or provided within or through this Site or any links that may be contained herein. Our services are intended to increase awareness and funding for the Polycystic Kidney Disease. We strongly recommend that you consult your doctor for any medical advice and before you start any new medications or lifestyle and regimen changes.
4. Use Rights. You may only use the Site or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms, all other Terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by pkDO.
5. Use of Marks. pkDO owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by pkDO. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.
6. Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to pkDO or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
7. DMCA Notice. pkDO values and respects the intellectual property rights of others and requires that users of our service do the same. Those using our Service cannot infringe upon or violate the intellectual property rights of another person or entity. In accordance with the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for additional details), we will respond to and address any allegations of copyright infringement occurring as part of our Service. If you feel your intellectual property rights have been infringed upon, please contact us at support@pkDO.com with the following information: (i) a physical or electronic signature of the person permitted to act on behalf of the copyright owner; (ii) the specific copyrighted information or a description of the copyrighted information; (iii) a specific description of where the alleged copyright infringement has occurred as part of our Service; (iv) contact information such as name, address, email address, phone number, or other means by which pkDO can contact you; (v) a statement articulating you have a good faith belief that the use of materials on our service is not authorized by the owner of the copyrighted material, its agent, or the law; and (vi) a statement by you that the information you present is, under perjury of law, accurate and that you are permitted to act on behalf of the individual alleging the copyright infringement.
8. Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
9. Children’s Information. We do not target our services or Site to children under the age of 18. In the event that we learn that we have collected personal information from a child, we will promptly take steps to delete that information. If you are a parent or legal guardian and think your child has given us their personal information, you can email us at privacy@pkDO.com or contact us using the information listed in Section 31.
10. Viruses. We are not liable for any virus, malware, or other harmful code, transmitted from our Site or links on our Site, and you access our Site at your sole risk.
11. Restrictions on Your Use of the Site.
• You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without pkDO’s prior written consent.
• You will not use the Site for unlawful purposes.
• You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
• You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
• You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
• You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
• You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
• You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
• You may not engage in any conduct while using the Site that pkDO considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
12. Feedback and Other Content Submitted by You. If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content, or information that is not personal information, we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
13. NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, pkDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
pkDO MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. pkDO DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. pkDO DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL pkDO OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “pkDO PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN pkDO PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE pkDO PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
15. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE pkDO PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
16. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN PARK CITY, UTAH ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. YOU AND pkDO AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. ANY ARBITRATION AWARD SHALL BE LIMITED TO ACTUAL DAMAGES AND ATTORNEYS’ FEES. JURISDICTION FOR ANY APPEAL OF AN ARBITRATION AWARD IS APPROPRIATE ONLY IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF UTAH. YOU AGREE AND ACKNOWLEDGE THAT ANY DISPUTE, INCLUDING THE FACT AND OUTCOME OF ARBITRATION, IS STRICTLY CONFIDENTIAL. YOU UNDERSTAND THAT THIS CONTRACT CONTAINS A BINDING ARBITRATION CLAUSE THAT YOU OR pkDO MAY ENFORCE. IF YOU DO NOT CONSENT TO THIS CLAUSE, YOU MUST LEAVE OR NOT ENTER THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOU ENTERED INTO THIS AGREEMENT ABSENT YOUR AGREEMENT TO ARBITRATE AND WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
17. Third-Party Websites and Content. The Site may link to, or be linked to, websites not maintained or controlled by pkDO. Those links are provided as a convenience to the visitors of our Site. pkDO is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. pkDO does not warrant or endorse any third-party website, or any products or services made available through those websites. When leaving the Site, it is the Terms and privacy notice of that third party that govern your use of the third-party site (and such third-party’s use of your personal information), not these Terms.
The Site also contains certain third-party content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party content does not mean that pkDO has reviewed the third-party content or that there is any association between pkDO and any third party. You access third-party content at your sole risk. pkDO has no responsibility for any third-party content. Nothing in these Terms grants you any rights to any third-party content.
18. Linking to the Site. You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of pkDO. If pkDO grants you a right to link to this Site, certain Terms may apply, and pkDO reserves the right to revoke such consent at any time. You are responsible for any costs incurred by pkDO in enforcing its rights under this section.
19. Use in the United States. This Site is intended for use in the United States only. We do not guarantee that use of this Site will be available or permitted in any location other than the United States. If you choose to access this Site from a location other than the United States, you do so at your own risk.
THE EXISTENCE OF THIS SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS pkDO OR THE pkDO PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
20. Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content. pkDO may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. pkDO shall not be liable to you or anyone else for any damages arising from or related to pkDO’s suspension or termination of your access to the Site or the Content, or in the event pkDO modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
21. Site Unavailability. Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
22. Cooperation with Law Enforcement. pkDO will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD pkDO AND THE pkDO PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
23. Disputes. These Terms, and your access to and use of the Site, are governed by the laws of the State of Utah without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Utah. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.
24. Terms Applicable to New Jersey Customers. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. pkDO reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
25. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of pkDO’s successors and assigns.
26. Entire Agreement. These Terms, the Privacy Notice, and any Terms posted throughout the Site (if any) are the entire agreement between you and pkDO with respect to your access to and use of the Site. In the event of a conflict between these Terms and our Privacy Notice, our Privacy Notice will control.
27. Waiver. pkDO’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by pkDO.
28. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
29. Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor pkDO will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
30. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and pkDO may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference. We may also communicate with you via email, or other forms of electronic communications, as such you consent to electronic correspondence from us.
To opt out of the electronic communications, please email us at privacy@pkDO.com or by following the instructions included in the email or text correspondence.
31. Contact Us. Please direct any questions and concerns regarding these Terms to us at:
Polycystic Kidney Disease Outreach, Ltd
PO Box 982857
1764 Uinta Way
Park City, UT 84098