Thank you for visiting this website (the “Website”), which belongs to Dallas Nephrology Associates (“DNA”). The Website is offered to you conditioned on your acceptance, without modification, of the following terms, conditions, and notices (these “Website Terms”). Your use of the Website (including your browsing of any of the web pages on the Website) constitutes your agreement to be bound by these Website Terms.
DNA reserves the right, in DNA’s sole discretion, to change, modify, add, or remove portions of these Website Terms at any time without notice to you. You should read these Website Terms periodically for changes. If you use the Website after DNA posts changes to these Website Terms, you are deemed to have accepted the changed Website Terms. These Website Terms were last changed on April 16, 2010.
The Website is designed to serve as an informational resource to visitors of the Website regarding DNA’s medical practice. You understand, acknowledge, and agree that the functionality and/or purpose of the Website may change from time to time and that these Website Terms shall continue to apply to the Website so changed. The Website is NOT intended to provide emergency communications or services or internet-based medical services. IF YOU HAVE AN EMERGENCY OR BELIEVE YOU HAVE AN EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY.
When you visit the Website, you acknowledge that you may be providing DNA with two specific types of information: (i) information that you provide which personally identifies you (the “Personally Identifiable Information”) and (ii) information that you provide, or that we collect as you interact with the Website, which does not personally identify you (the “Website-Use Information”).
Personally Identifiable Information. There may be circumstances where you are asked to voluntarily submit information to the Website that personally identifies you—this type of information is referred to as Personally Identifiable Information. For example, the Website may ask you to voluntarily submit Personally Identifiable Information if you request information regarding DNA’s products or services, attempt to purchase any product or service from the Website, or register for the Website. Personally Identifiable Information includes, among other things, your (i) name, (ii) phone number, (iii) mailing address, and (iv) e-mail address. All Personally Identifiable Information shall be subject to, and treated in accordance with, DNA’s Notice of Privacy Practices (the “Privacy Notice”), which is incorporated into, and made a part of, these Website Terms. You can access a copy of the Privacy Notice at http://www.dneph.com/legal/PrivacyNotice.pdf.
Website-Use Information. To help DNA tailor the Website to the needs and interests of the Website’s visitors, DNA may collect various types of Website-Use Information that do not identify you personally. For example, when you visit the Website, DNA’s server, through the use of tracking devices, may collect Website-Use Information pertaining to you, including your IP address, the length of time you spend on the Website, which pages you visited within the Website, which website you visited before coming to the Website, and which website you accessed when you left the Website.
DNA is permitted to use the Website-Use Information in DNA’s discretion. Accordingly, DNA reserves the right to aggregate Website-Use Information with information collected from other visitors of the Website to track overall visitor traffic patterns, which will allow DNA to develop statistics that are helpful to understanding how visitors use the Website. DNA may also use Website-Use Information (i) to monitor, maintain, and improve the functionality of the Website, making it more responsive to the needs of the Website’s visitors, and (ii) for historical, statistical, scientific, or other purposes. DNA further reserves the right to use, sell, and assign for any and all purposes all Website-Use Information; and you authorize DNA to use, sell, and assign, for any and all purposes, all Website-Use Information.
Ownership. The Website and all information, images, graphics, data, text, files, links, software, messages, communications, content, organization, compilations, libraries, and other matters related to the Website (collectively the “Website Content”) are the exclusive property of, and are exclusively owned by, DNA and DNA’s licensors and are protected under applicable copyright, trademark, trade secret, and other proprietary and confidentiality rights, laws, and regulations. Except as specifically allowed in these Website Terms, the copying, redistribution, use, or publication by you of the Website Content is strictly prohibited. You do not acquire any ownership rights to any Website Content through your access to, or use of, the Website, and you possess only those rights expressly granted to you in these Website Terms.
Limited Right to Use. DNA grants, and you accept, a limited, non-exclusive, non-transferable, and revocable license to use the Website Content solely for your own personal use. You may not use the Website Content for any other purpose. You may not reproduce, republish, distribute, assign, sublicense, sell, or prepare derivative works of the Website Content. All rights in and to the Website Content not expressly granted in this paragraph remain in DNA and DNA’s licensors.
Use. You agree to use the Website only for the Website’s intended purpose. In this connection, you agree that when using the Website, you will not:
- Modify, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Website or make any unauthorized changes to the Website;
- Embarrass, defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Website to do any of the foregoing with respect to) any inappropriate, profane, defamatory, infringing, obscene, indecent, hateful, or unlawful topic, name, material, or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Advertise, post, or offer to sell or buy any goods or services for any business purpose (including commercial advertisements, affiliate links, and other forms of solicitation);
- Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication;
- Access, obtain, or download any information of another user of the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
- Impersonate another person; or
- Violate any applicable laws, rules, or regulations or rights, including intellectual property, privacy, or publicity rights.
If the Website offers you the ability to post, upload, input, provide, or submit information or materials to DNA, then, in connection with such ability, the following will apply: by posting, uploading, inputting, providing, or submitting information or materials to DNA through the Website (the “Submissions”), you are granting DNA irrevocable permission to use in perpetuity, without compensation and without restriction (including a worldwide, transferable, perpetual, royalty-free, fully paid-up license), your Submissions, subject to the terms and conditions of the Privacy Notice. DNA has no obligation to monitor the Submissions or any other aspect of the Website. However, DNA reserves the right to review the Submissions and any other materials provided by you and to edit, refuse to post, and remove any Submission or such other materials in DNA’s sole discretion (regardless of the reason). DNA assumes no liability relating to DNA’s monitoring, editing, or removal acts or omissions. DNA does not guarantee the accuracy, integrity, or quality of any Submissions or other user content or that the Website will be entirely free of illegal, offensive, threatening, abusive, hateful, libelous, defamatory, or otherwise inappropriate material or that users of the Website will not encounter in appropriate or illegal conduct from others.
You represent and warrant the following:
- (i) you are at least 18 years of age, (ii) your use of the Website is legal in, and does not violate any laws or rules of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website, (iii) all information (if any) provided by you to DNA is correct, (iv) you possess the legal right and ability to enter into these Website Terms and to use the Website in accordance with these Website Terms, (v) your use of the Website shall be in accordance with these Website Terms, and (vi) your use of the Website Terms shall be in accordance with all applicable laws and regulations;
- You will not (i) use the Website in any manner that could damage, disable, overload, or impair the Website or interfere with any other party’s use and enjoyment of the Website, (ii) obtain, or attempt to obtain, any materials, information, or other content through any means not intentionally made available or provided for through the Website, or (iii) circumvent, or attempt to circumvent, any security feature of the Website; and
- You have all necessary right and authority to submit the Submissions to DNA.
If the Website offers any registration functionality, then, in connection with such functionality, the following will apply: you agree to provide (and if applicable, you agree that you have provided) accurate, current, and complete information about yourself as you may be asked in the registration process or from time to time. You also agree to maintain the confidentiality and security of your password, account, and other identification information and not provide it to any other person or entity. You are fully responsible for all use of, and activities that occur under, your password, account, and other identification information and for any actions that take place through your registration or access to the Website (whether conducted by you or another). If you think someone has learned your password, you should promptly log in and change it. You must also maintain and promptly update personal registration data that you provide to DNA to keep such personal registration data accurate, current, and complete. You are responsible for restricting access to your computer as necessary.
Termination of Access
Access to the Website is an optional service provided by DNA. DNA reserves the right to terminate the Website or your access to the Website at any time (for any reason or for no reason). In particular, and without limitation, DNA may terminate your access to the Website upon your non-compliance with these Website Terms or if you violate DNA’s rights or the rights of any other party. Additionally, DNA reserves the right to modify the functionality provided by the Website and does not guarantee that the functionality of the Website will remain the same or will continue to be provided in the future.
You agree to indemnify, defend, and hold DNA and DNA’s owners, partners, shareholders, members, managers, directors, officers, employees, agents, information providers, suppliers, and attorneys harmless from any and all liabilities, losses, claims, and expenses, including reasonable attorney’s fees, related to (i) your failure to comply with any of these Website Terms, (ii) your use of the Website (including third party claims relating to your Submissions or information or content downloaded by you from the Website), and (iii) all use of, and activities that occur under, your password, account, and other identification information and any actions that take place through your registration or access to the Website (whether conducted by you or another). DNA has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Website Terms or the Website or your use of the Website.
THE INFORMATION, CONTENT, AND SERVICES PROVIDED BY DNA THROUGH THE WEBSITE (INCLUDING THE WEBSITE CONTENT) ARE NOT INTENDED AS MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT AND ARE NOT A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL OR MEDICAL EVALUATION, ADVICE, DIAGNOSIS, OR TREATMENT. IN ADDITION, THE INFORMATION, CONTENT, AND SERVICES PROVIDED BY DNA THROUGH THE WEBSITE (INCLUDING THE WEBSITE CONTENT) ARE PROVIDED “AS IS,” “WHERE IS,” AND WITHOUT WARRANTY. DNA DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER, SEPARATELY AND APART FROM THE WEBSITE, WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION AND DO NOT DISREGARD PROFESSIONAL OR MEDICAL ADVICE OR DELAY IN SEEKING SUCH ADVICE BECAUSE YOU ARE USING THE WEBSITE OR WAITING FOR A RESPONSE TO YOUR SUBMISSIONS.
DNA DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. DNA DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. IN NO EVENT WILL DNA BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE.
ALL INFORMATION, CONTENT, AND SERVICES PROVIDED BY DNA THROUGH THE WEBSITE (INCLUDING THE WEBSITE CONTENT) ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND REPRESENTS NO COMMITMENT ON DNA’S PART IN THE FUTURE TO MAINTAIN OR CHANGE SUCH INFORMATION, CONTENT, OR SERVICES OR TO PROVIDE THE WEBSITE. ALTHOUGH THE WEBSITE CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT-OF-DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. DNA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, OR APPROPRIATENESS OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED THROUGH THE WEBSITE BY DNA.
DNA IS NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE WEBSITE OR OTHERWISE USE OR RECEIVE INFORMATION, CONTENT, OR SERVICES FROM OR REGARDING THE WEBSITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DNA OR ANY OF DNA’S LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND (INCLUDING COMPENSATORY DAMAGES, LOST PROFITS, LOST DATA, OR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE WEBSITE CONTENT, OR YOUR SUBMISSIONS.
IF YOU ARE DISSATISFIED WITH ANY WEBSITE CONTENT, OR WITH ANY OF THESE WEBSITE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN ADDITION TO THE FOREGOING LIMITS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 1996, AS AMENDED (“HIPAA”), IN NO EVENT WILL DNA’S OR ANY OF DNA’S LICENSORS’ AGGREGATE LIABILITY EXCEED $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT EXPAND THESE LIMITS. EXCEPT AS OTHERWISE PROVIDED UNDER HIPAA, IN NO EVENT MAY YOU BRING A CLAIM OR CAUSE OF ACTION AGAINST DNA WITH RESPECT TO THE USE OF THE WEBSITE MORE THAN TWO YEARS AFTER THE CLAIM OR CAUSE OF ACTION AROSE.
The Website may contain links to other websites. DNA is not responsible for, and disclaims any liability with respect to, the content, accuracy, or opinions expressed in such websites, and DNA does not investigate, monitor, or check such websites for accuracy or completeness. Inclusion of any linked website on the Website does not imply DNA’s approval or endorsement of the linked website or the products, services, or information available at or from such linked website. If you decide to leave the Website and access these third-party sites, you do so at your own risk. Specifically, you will be subject to such third-party sites’ privacy policies, which may be different than the Privacy Notice.
You may not create an Internet “link” to the Website or “frame” or “mirror” any Website Content without DNA’s prior written permission for each such instance. Additionally, the Website may contain links to other pages within the Website that are “dead” or that no longer work. Please report any such dead-links that you encounter.
These Website Terms shall be governed by, and construed and enforced in accordance with, the laws of the state of Texas, without regard to Texas’s conflicts of law principles. All legal proceedings arising out of, or in connection with, these Website Terms shall be brought solely in a court of competent jurisdiction located in Dallas County, Texas.
The provisions of these Website Terms are severable, and in the event any provision of these Website Terms is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. DNA’s waiver of a breach of any provision of these Website Terms by you shall not operate or be construed as a waiver by DNA of any subsequent breach by you. Use of the terms “including” or “include” in these Website Terms do not denote or imply any limitation.
A printed version of these Website Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Website Terms 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 of the parties that these Website Terms and all related documents be drawn up in English as spoken in the United States.
You may not assign these Website Terms (or delegate your rights, duties, or obligations under these Website Terms) without DNA’s prior, express, and written consent. If you are aware of any violations of these Website Terms or if you have any questions or comments regarding these Website Terms, please contact us at 214-358-2300.