Last Revised May 27, 2016
This website is owned by DaVita Healthcare Partners Inc., its subsidiaries, or one or more of its direct or indirect affiliates (collectively, "DaVita", "we" or "us").
By using this website, I authorize DaVita and its contractor, VoterVoice, to use and publicly disclose any information I share to help me contact my Member of Congress, U.S. Senators, or other government officials to advocate for healthcare policy issues that are important to me.
I have not shared
any information that I wish to keep private.
If I have disclosed any health information —such as my status as a dialysis patient—I authorize that information
be made public, and I understand it will not be kept private.
I understand that providing information on this webiste and using its services is strictly voluntary.
I understand that my treatment, payment, enrollment in a health plan, or eligibility for benefits is not conditioned on authorizing this disclosure.
I acknowledge that information disclosed may in some cases be re-disclosed by the recipients.
This authorization to use or disclose my information does not expire, but I may change my mind and revoke this authorization by updating my account or contacting
onlineprivacy@DaVita.com, except to the extent my information has already been shared.
This Website Does Not Provide Medical Advice
Your medical condition is unique to you. Any information provided on this website is not designed to replace the relationship between you and your physician and health care team. DaVita cannot guarantee the correctness of the information or Content contained on this website. All Content contained on this website is provided for general informational purposes only and does not constitute medical or other professional advice. If you have questions about your particular condition and what it will mean for you in the future, please consult your personal physician. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
Use and Submissions
You agree not to use the website in any way that violates any laws or regulations. You further agree not to attempt to gain unauthorized access to, interfere with, damage, or disrupt in any way any parts of the website, or any server, computer, user, or database related to this website.
All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Content") submitted to, posted on, transmitted through or linked from the website, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post, email or otherwise make available through the website. For all Content provided by you, you agree to indemnify DaVita, as provided below.
You agree not to upload, transmit, distribute or otherwise publish in or on the website any Content which is:
· off topic, a personal attack, libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy;
· an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
· illegal in any way or which advocates illegal activity; or
· an advertisement or solicitation of funds, goods or services.
You agree not to impersonate anyone else or pass yourself off as someone else, including any DaVita teammate or public figure.
We can take any action or no action with respect to any Content, in our sole discretion.
Content Not Confidential
By using the website, you understand and agree that any Content you provide is a disclosure to the website and/or a user community and not intended to be a disclosure to any health care provider, and as such is not Protected Health Information under HIPAA. You further understand and agree that Content you post to the website is not private or confidential, and may be viewed by individuals both within and outside of DaVita online communities. Therefore, DaVita recommends that you do not post sensitive medical information or other sensitive or confidential Content to the website.
Intellectual Property Rights
The website and all Content, functionality, and features are protected under United States and international copyright law, trademark law, patent law and other intellectual property laws. All trademark, names, logos, slogans and the like are the proprietary marks of DaVita or its licensors, and cannot be used without DaVita's permission. All copyright and other intellectual property rights in all Content is owned by DaVita, or is included with the permission of the relevant owner. You are permitted to browse this website and to reproduce extracts by way of printing, downloading to a hard disk and by distribution to other people, but in all cases for non-commercial, informational and personal purposes only. No reproduction of any part of this website may be sold or further distributed nor can it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including posting to any other website. No other license or right is granted. Republication or redistribution of Content, including framing or similar means, is expressly prohibited without the prior written consent of DaVita. You may not remove or alter any copyright or other legal notice from copies of Content from this website.
For all information and Content you provide to us through the website, you grant DaVita and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information and Content, in any form, media, software or technology of any kind now existing or developed in the future, including, without limitation, in printed or electronic form and for purposes other than the website.
Notices of Copyright Infringement
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- Information by which DaVita can contact you (including your name, postal address, telephone number and e-mail address);
- A statement that you have a good faith belief that the use of the Content is not authorized by the copyright owner, its agent or the law (e.g. is not a "fair use");
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent to receive DMCA Notices is:
If you knowingly materially misrepresent that any Content on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
DaVita reserves the right to terminate the accounts of users who DaVita deems to be copyright infringers.
Linking and Social Media
You may link or hyperlink any publicly available page of this website to a website that is owned by you, provided you do so in a way that is legal and does not, in our opinion, damage our reputation. The link must not suggest any form of association, approval or endorsement on our part without our express written consent.
This website may provide certain social media features that enable you to: link to certain Content on this website; send messages with our Content, or links to our Content on this website; or display excerpts of our Content on your own or social media websites. You may use these features solely as they are provided by us and solely with respect to the Content with which these features are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
No Pre-Screening or Editing
This website may offer weblogs and forums and other interactive areas where users can express opinions and share ideas and Content. DaVita cannot and does not monitor all of the Content posted or transmitted to the website.
You agree that you must evaluate, and bear all risks associated with, the use of the website and any of its Content, including but not limited to whether you should rely on said Content.
Disclaimer of Warranties and Limitation of Liability
You understand that DaVita does not guarantee that Content or material available for download from the Internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data.
DAVITA IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOAD OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DAVITA NOR ANY PERSON ASSOCIATED WITH DAVITA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DAVITA NOR ANYONE ASSOCIATED WITH DAVITA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
DAVITA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THIS DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL DAVITA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Territory of Use
DaVita may, in its sole discretion, terminate or suspend your access to all or part of the website, including, but not limited to, any weblogs and/or forums on its website, for any reason or for no reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Content, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.