By using DaVita Diet Helper site, you confirm your acceptance of, and agree to be bound by, these Terms of Service ("Agreement"). DaVita Diet Helper site and DaVita Diet Helper Tool is provided by DaVita Inc. ("DaVita") for your personal, non-commercial use.
DaVita shall have the right at any time and in its sole discretion to change its terms of service or require new terms and to change or impose conditions on, or discontinue, any aspect or feature of the DaVita Diet Helper site. Such changes shall be effective immediately upon posting of such addition, change, or deletion. You acknowledge and agree that it is your responsibility to review this Agreement from time to time and to be aware of any such changes. DaVita may discontinue your use of any and all features of the DaVita Diet Helper site at any time, without advance notice.
Use of Information on the DaVita Diet Helper Site Information contained within the DaVita Diet Helper Site is primarily for educational purposes. The DaVita Diet Helper site is intended to provide a number of tools that can help people access information about renal nutrition and related topics.
Information accessible on the DaVita Diet Helper site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs.
You, as a user of the DaVita Diet Helper Tool, should always consult with your personal physician prior to undertaking any new diet program. Your physician together with your dietitian is often in the best position to evaluate whether any particular diet program is best for you. Never disregard professional medical advice or delay in seeking it because of something you have read on the DaVita Diet Helper site.
Descriptions of or references to products or publications not owned by DaVita do not imply any endorsement, warranty or guarantee of such products or publications.
No part of the DaVita Diet Helper site, nor anything contained on the DaVita Diet Helper site, may be distributed, copied, modified, or revised without the advance written consent of DaVita; provided, however, you may e-mail an article or newsletter to your personal contacts (i.e. your family and friends) for their personal, non-commercial use so long as: (a) you copy all text without modification; (b) you include all copyright notices, disclaimers and other legal text; and (c) you do so without any direct or indirect financial gain. "DaVita" DaVita Diet Helper and the DaVita.com logo are trademarks of DaVita Inc. All other trademarks used on the DaVita Diet Helper site are property of their respective owners.
No Warranties/Liability Limitations DaVita does not endorse, warrant or guarantee the completeness, truthfulness or reliability of any product, service, opinion, advice, communication, information or other content on, or made available on or through, the DaVita Diet Helper site. You agree that your use of, or reliance upon, any such item is at your own risk. Products or services made available through the site, if any, may also be subject to separate and additional terms and conditions, which you should review and understand prior to use. DaVita is not liable for any costs or damages arising from or relating to your use of any third-party product or service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DAVITA DIET HELPER SITE AND THE INTERNET GENERALLY IS AT YOUR OWN RISK AND THAT THE DAVITA DIET HELPER SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. DAVITA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL DAVITA BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR RELATING IN ANY MANNER TO THE USE OR INABILITY TO USE THE DAVITA DIET HELPER SITE, AND ANY CONTENT OR SERVICES CONTAINED THEREIN.
Indemnity You agree to indemnify, hold harmless, and defend DaVita, and its affiliates, agents, and content providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys fees and disbursements) arising from or relating to your use of the DaVita Diet Helper site.
Termination DaVita reserves the right to terminate or suspend your DaVita Diet Helper membership without prior notice, but DaVita will attempt to confirm such termination or suspension by subsequent notice.
Miscellaneous This Agreement shall be governed by the laws of the State of California, without reference to conflict of law principles. Any dispute concerning this Agreement, or any matter related in any manner to this Agreement, shall be subject to the exclusive jurisdiction of the courts of the State of California located in Los Angeles, California. This Agreement, together with any additional online documents specifically referred to herein, is the entire Agreement between you and DaVita and supersedes any other communications or advertising with respect to the DaVita Diet Helper site. If any provision of this Agreement is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.