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Terms of Use

IPRO ESRD Network Program

Peer Mentorship Training Program

“Patients Helping Patients Learn About Kidney Care Choices”

TERMS OF USE
Last Updated 8/8/2018

1. Introduction

The IPRO End-Stage Renal Disease Network Program (“IPRO” or “We” or “Us” or “Our”) developed the Peer Mentorship Training Program as an online resource for patients, families and peers to have free access to educational information. Text, images, and other material contained on https://esrdlms.ipro.org/ are provided for general information purposes only and are not intended to be used as a substitute for specific professional diagnosis or health and medical advice.

2. An Agreement

The Terms are an agreement between you and the IPRO. The website is a free resource for educational information. The website is provided to you subject to the following Terms, which you acknowledge, agree to, and consent to by using https://esrdlms.ipro.org/. These Terms include the IPRO Privacy Policy

3. These Terms May Change

The IPRO may change these Terms from time to time. If we do, we will post a notice on the https://esrdlms.ipro.org/ homepage. Please periodically review these Terms. When you continue to use https://esrdlms.ipro.org/ after we have made a change to our Terms and made it available to you, you are agreeing and consenting to these changes.

When using https://esrdlms.ipro.org/ you are subject to our posted rules and policies, which we may modify from time to time. These rules and policies are part of these Terms. If we provide links to other websites on https://esrdlms.ipro.org/, those websites will have different terms of use.

4. Eligibility

By using https://esrdlms.ipro.org/, you represent that you are not a person barred from receiving services under the laws of the United States or any of its states or any other applicable jurisdictions. You also represent that you are 18 years of age or older. If you are under age 18, please do not use, create an account with, or provide any personal information to https://esrdlms.ipro.org/.

5. Accessing https://esrdlms.ipro.org/ and Accounts

You may view https://esrdlms.ipro.org/ without registering or signing up for an account. However, in order to access the program curriculum and some features of https://esrdlms.ipro.org/ you will be required to register with and/or sign into https://esrdlms.ipro.org/. If you do so, you are responsible for maintaining the confidentiality of your password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at http://help.esrd.ipro.org/support/home.

6. Posting Information

In the public areas of our web site, you and other users may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information. You are allowed to post this information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or have the potential to cause injury to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or provide other information that would mislead anyone as to who is responsible for your content. We may remove or edit any content that it finds offensive in any way, although it is not obligated to do so.

You understand that if you post information in public areas, although it is only available to other program enrollees, we cannot control how they may use that information.

7. Our Intellectual Property

Our associated logos are our trademarks and/or service marks. To the extent there are trademarks, service marks, and logos from other organizations on our site, they are the trademarks, service marks, or logos of those organizations. You are granted no right or license with respect to any of our trademarks, service marks, or logos, or of the trademarks, service marks, or logos of those other organizations.

We own, authored, created, purchased, or licensed or we shall own, author, create, purchase, or license certain materials available on or through our web site. This material may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in these materials. We hereby grant you a limited non-assignable license to access and make personal use of https://esrdlms.ipro.org/. Under this license you may only download information for your personal use. You may not modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of https://esrdlms.ipro.org/or its contents or any information derived from https://esrdlms.ipro.org/or its contents.

8. Ownership Rights

In order to protect our rights, photographs and videos made available on https://esrdlms.ipro.org/ may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how users may use the videos and photographs. You must not remove, delete, or alter any watermark or other digital rights management technology or other information, including where it is attached to a copy of a photograph or video, related to the photograph or video’s identification number, transactional terms, copyright owner, licensee, licensor, author, or date of creation or publication. Such conduct is prohibited by law.

9. Complaints About Content and Property Rights

If we determine you have posted information that may infringe upon the intellectual property rights of someone else, we may remove infringing material. We may also terminate a repeat infringer’s access to portions of our web site.

If you have a good faith belief that your copyright is being infringed upon by any material on our web site, or if you believe your rights, or the rights of someone else, are being violated in any way by material on our web site please submit a support ticket at http://help.esrd.ipro.org/support/home. We will work to prevent unlawful activity from taking place on or through If you have a good faith belief that your copyright is being infringed upon by any material on https://esrdlms.ipro.org/, or if you believe your rights, or the rights of someone else, are being violated in any way by material on https://esrdlms.ipro.org/. We will work to prevent unlawful activity from taking place on or through https://esrdlms.ipro.org/.

10. Prohibited Conduct You represent and warrant that you will not use https://esrdlms.ipro.org/ to:

  • Violate any law or encourage or provide instructions to another to do so;
  • Post any content that you are not authorized to post;
  • Post any content that infringes upon or violates any patent, copyright, trade secret, or other property right of any third party;
  • Act in a manner that negatively affects other users’ ability to use https://esrdlms.ipro.org/;
  • Post anything that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack;
  • Exceed your authorized access to any portion of https://esrdlms.ipro.org/;
  • Remove, delete, alter, circumvent, avoid, or bypass any watermark or digital rights management technology;
  • Use data mining, robots, screen scraping, or similar data gathering and extraction tools;
  • Collect or store personal data about anyone; or use the information in any other context where confidentiality is not maintained;
  • Reproduce (other than as necessary to lawfully access https://esrdlms.ipro.org/or for your own personal use), adapt, distribute, make available, communicate to the public, publicly display, or publicly perform any portion of https://esrdlms.ipro.org/or the materials on https://esrdlms.ipro.org/in whole or in part.

11. Our Actions If You Breach These Terms
If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.

12. Indemnification

You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of any violation by you of these Terms.

13. Limitation of Liability

To the extent allowed by law, we shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

  • The delay, rejection, or removal any or all information on https://esrdlms.ipro.org/at any time for any or no reason whatsoever with or without notice to you;
  • The modification or discontinuation temporarily or permanently, of https://esrdlms.ipro.org/ (or any part thereof) with or without notice to you for any or no reason whatsoever;
  • The immediate termination of your access to https://esrdlms.ipro.org/for any or no reason whatsoever and with or without notice to you;
  • The accuracy, usefulness, or availability of any information posted to or through https://esrdlms.ipro.org/; or the loss or damage of any sort incurred by you as a result of interactions you have with any third parties, or with links to third-party websites, found on or through https://esrdlms.ipro.org/, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.

14. Disclaimer

YOU USE https://esrdlms.ipro.org/AT YOUR SOLE RISK. WE PROVIDE https://esrdlms.ipro.org/ “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO https://esrdlms.ipro.org/ SERVICES PROVIDED THROUGH https://esrdlms.ipro.org/. WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR THAT OF ANY THIRD PARTY THAT YOU USE TO ACCESS https://esrdlms.ipro.org/ OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF https://esrdlms.ipro.org/.

WE MAKE NO WARRANTY THAT (1) https://esrdlms.ipro.org/ WILL MEET YOUR REQUIREMENTS; (2) https://esrdlms.ipro.org/ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) https://esrdlms.ipro.org/ RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIAL OBTAINED BY YOU THROUGH https://esrdlms.ipro.org/ WILL MEET YOUR EXPECTATIONS; OR (5) https://esrdlms.ipro.org/, ITS SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH https://esrdlms.ipro.org/ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

In no event shall We BE liable TO YOU for any incidental, indirect, punitive, statutory, exemplary, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, INJURY TO REPUTATION, interruption, loss of business information, or any other financial loss) in association with ANY INDIVIDUAL OR CLASS-ACTION claim, OR ANY loss, damage, action, suit, or other proceeding relating to or arising under or out of the TERMS, even if We have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds. In no event shall we be liable to YOU for any amount greater than THE GREATER OF $50 (U.S.) OR TEN TIMES THE AMOUNT YOU PAID TO US FOR SERVICES. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Some jurisdictions may not permit certain liability limitations. If any court OR ARBITRATOR determines the law of such a jurisdiction applies, the liability of the IPRO Parties shall be limited to the greatest extent permitted by law.

15. Claims Against Others

If you have a dispute with one or more users of https://esrdlms.ipro.org/, or with any party who provides advertising on or through https://esrdlms.ipro.org/, or with any party who provides a website linked to on https://esrdlms.ipro.org/, you release us 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 dispute. You also waive 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 OR HER favor at the time of executing the release, which if known by HER OR him must have materially affected his OR HER settlement with the debtor.” You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.

16. Dispute Resolution

These Terms and the relationship between you and us shall be governed by the laws of the State of New York, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States. These Terms are not governed by the United Nations Convention On Contracts For the Sale of Goods, which is expressly disclaimed.

If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in New York, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees.

Any dispute relating in any way to your use of https://esrdlms.ipro.org/ shall be submitted to confidential arbitration pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in New York, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of https://esrdlms.ipro.org/ or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

17. Miscellaneous

These Terms constitute the entire agreement between you and Us, and govern your use of https://esrdlms.ipro.org/.

These Terms supersede any prior agreements between you and us with respect to https://esrdlms.ipro.org/. You also may be subject to additional terms and conditions that may apply when you use our other websites.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

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

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The headings in these Terms are for convenience only and have no legal or contractual effect.

We may terminate these Terms for any or no reason at any time by notifying you through a notice on https://esrdlms.ipro.org/, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination, the following sections will survive: Intellectual Property, Ownership Rights, Our Actions If You Breach These Terms, Indemnification, Limitation of Liability, Claims Against Others and Dispute Resolution.

I agree to these Terms and Conditions