Nephrolytics Terms of Service

This Website or Application (“Site”) is owned and operated by Nephrolytics, Inc. (referred to as the “Company,” “we,” or “us”).

1. ACCEPTANCE OF TERMS OF USE

Please carefully read the Terms of Use. These Terms of Use outline the terms and conditions governing your access to this Site and any content, functionality, or services offered or made available to you through this Site. Additionally, these Terms of Use include provisions that limit our liability to you. By browsing or using this Site, you accept and agree to these Terms of Use. If you do not wish to agree to these Terms of Use, please refrain from accessing or using this Site.

2. THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of this Site, including text, graphics, images, videos and other information provided by us or licensed by third parties, are available to you for informational purposes only. While the Site offers educational information about healthcare, it does not provide medical diagnoses or recommendations regarding individual medical treatment. Please refrain from making decisions about your healthcare based solely on the information provided through this Site. Instead, always consult your physician or qualified healthcare provider with any questions you may have regarding a medical condition or treatment options. In case of an emergency, please dial 911 or contact your local emergency assistance.

3. PRIVACY

Our Website Privacy Notice or Children’s Website Privacy Notice outlines how we collect, use, and share personal information collected from users of our Sites. Look for the “Privacy Notice” link at the bottom of the site to confirm which notice applies.

4. CHILDREN UNDER THE AGE OF 13

Our Site is intended for adults and is not directed towards children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13 on this Site. If you are under 13, you are not permitted to use this Site or provide any information on it, including your name, address, or email address. If you have any questions or concerns about whether our Sites collect personal information from a child under the age of 13, please contact us at info@nephrolytics.ai or in writing at the address provided below.

5. COMMUNICATION PREFERENCES

As part of the Services we provide, you agree to receive electronic communications from Nephrolytics, Inc.  (e.g., via email, or text message, etc.). These communications may include operational notices and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy, saving an electronic copy, or both. We may also send you communications via email or other means, including newsletters, educational material, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these messages at any time by following the unsubscribe instructions provided in such messages.

6. TELEPHONE, TEXT MESSAGING AND FAX

By providing your residential or wireless phone and/or fax number(s) to Nephrolytics, Inc. or their affiliates, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages, and faxes (including fax advertisements) from or on behalf of Nephrolytics, Inc. or its affiliates at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase and may be revoked at any time. To opt-out, send an email to info@nephrolytics.ai with the phone and/or fax number you wish to opt-out. Standard message and data rates may apply. Additionally, we may offer access to appointment reminder messages, post-appointment follow-up messages, and other health programs via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. Enrollment in text alerts requires providing your mobile phone number, and you agree to these terms and conditions by enrolling. You may opt-out at any time. Please note that carriers are not liable for delayed or undelivered messages, and standard message and data rates may apply. Finally, please be aware that information collected or provided for our services, such as your phone number for SMS programs, is governed by your provider or health plan’s Notice of Privacy Practices and not our Online Privacy Policy.

7. OTHER TERMS AND CONDITIONS

Additional rules, terms, and conditions for the use of certain features on this Site, such as specific software or mobile applications, may be found elsewhere on this Site and are incorporated into these Terms of Use by reference.

8. INTELLECTUAL PROPERTY RIGHTS

Except as stated below, the Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, graphics, images, illustrations, photographs, video, audio, and other materials, and the design, selection, and arrangement thereof) (the “Content”), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Mentions of certain products, services, or company designations for companies other than us may be included on this Site for identification purposes only.

Third-party trademarks, trade names, logos, product, or service names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

Unauthorized use of this Site or its Content is a breach of these Terms of Use and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide access to any part of this Site in breach of these Terms of Use, your right to use this Site will cease immediately. You must, at our option, return or destroy any copies of the Content you have made. These Terms of Use do not grant you any right, title, or interest in this Site or its Content. We and our licensors retain all rights, title, and interest in this Site and its Content. Any rights not expressly granted herein are reserved.

9. USE OF SITE AND CONTENT

These Terms of Use permit you to view this Site for your personal, informational, and non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Site, except as follows:

• Your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing any Content.
• You may store files that are automatically cached by your browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of this Site for your own personal, non-commercial use, provided you include the copyright notice and information found in these Terms of Use, and other copyright and proprietary rights notices contained in the Content.

11. PROHIBITED USES OF THE SITE AND CONTENT

You may use this Site only for lawful purposes and by these Terms of Use. In accessing or using this Site, you agree that you will not:

• Delete, modify, hack, or attempt to change or alter any of the Content on this Site.
• Use any Content, including illustrations, photographs, video, or audio sequences, or any graphics, appearing on this Site separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of any Content from this Site.
• Access or use for any commercial purposes any part of this Site, or any services, or any Content made available through or on this Site.
• Use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of this Site or servers or networks connected to this Site, or take any other action that interferes with other parties’ use of this Site.
• Use any robot, spider, or other automatic, or manual device, or process to access this Site for any purpose, including monitoring or copying any of the Content on this Site other than for a generally available search engine

   

12. LINKING TO THIS SITE AND CERTAIN SOCIAL MEDIA FEATURES

You may link any publicly available page of this Site to your owned website, provided you do so in a fair, legal manner that upholds our reputation and respects our intellectual property rights as well as those of others. Additionally, you must not:

• Establish a link from any website not owned by you or one that would violate its Terms of Use.
• Display this Site, its Content, or any part thereof on any other site, such as through framing or deep linking, without our prior written consent.
• Use a link to this Site that suggests an association, approval, or endorsement by us without our express written consent.
• Present this Site or its Content in any way that disparages us or diminishes the quality of our copyrights, trademarks, or other intellectual property.

Furthermore, you must not display a link to this Site on any webpage containing objectionable content, including but not limited to libelous, defamatory, pornographic, or unlawful material. We reserve the right to withdraw linking permission without notice.

This Site may offer social media features allowing you to:

• Link from your website or third-party sites to specific content on this Site.
• Share emails or other communications containing Content or links to Content on this Site.
• Display limited portions of the Content on your website or third-party sites.

You may use these features as provided by us and only concerning the displayed Content and in compliance with any additional terms and conditions we provide. The linking website must adhere to the Content Standards outlined in Section 15 below.

We reserve the right to disable any social media features or links at our discretion and without notice.

If you wish to use the Content on this Site in a manner beyond these Terms of Use, please contact us at info@nephrolytics.ai. 

13. USER ACCOUNTS AND REGISTRATION

To access this Site or its features, you may be required to provide accurate, current, and complete registration details. All information you provide must be accurate.

When establishing an account or accessing Content using a username and password, you must maintain the confidentiality of this information and not disclose it to any other party. Notify us immediately of any unauthorized access or breach of security.

We reserve the right to disable any username, password, or other identifier, provided by us or chosen by you, at our sole discretion and without notice for any reason, including violation of these Terms of Use.

14. COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law and this section of these Terms of Use. Following the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any Content accessible on or from this Site infringes your copyright, you may request removal of that Content (or access thereto) from this Site by submitting written notice to our Copyright Agent designated below that includes substantially the following information (the “DMCA Notice”):

• your physical or electronic signature;
• identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works;
• identification of the Content or activity you believe to be infringing in a sufficiently precise manner to allow us to locate that Content or activity;
• adequate information by which we can contact you (including your name, postal address, telephone number, and if available, e-mail address);
• a statement that you have a good faith belief that the use of the copyrighted Content is not authorized by the copyright owner, its agent, or the law;
• 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 Copyright Agent to receive DMCA Notices is:

Attn’ Nephrolytics, Inc.

4511 Zebe Avenue,

Chubbuck, ID 83202

Email: info@nephrolytics.ai

If you fail to comply with all the foregoing requirements (as more fully set forth in Section 512(c)(3) of the DMCA), your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that any Content or any activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

15. TERMINATION OR MODIFICATIONS TO SITE

We reserve the right to modify or terminate your access to this Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. From time to time, we may restrict access to some parts of this Site, or the entire Site, to users, or charge fees for access to portions of this Site. You acknowledge and agree that we will not be liable to you or any third party if we exercise our right to modify or terminate access to this Site.

16. MODIFICATIONS TO THESE TERMS

We may change these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of, this Site thereafter.

Your continued use of this Site following the posting of any updates or changes to these Terms of Use constitutes your acceptance of such changes. If you object to any provisions of these Terms of Use or any subsequent modifications to these Terms of Use, your recourse is to immediately terminate the use of this Site.

17. LINKED SITES AND THIRD PARTY CONTENT, PRODUCTS AND SERVICES

As a convenience to you, this Site may provide links to websites and access to material, products, and services of third parties, including without limitation, our third-party business partners and licensors, and each of our and their respective subsidiaries, affiliates, licensees, successors, and assigns with which our connection consists of only a hyperlink, including links contained in advertisements, including banner advertisements and sponsored links (“Linked Sites”).

We do not author, edit, or monitor these Linked sites. We have no control over the contents of those Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them or in your dealings with any third parties found on or through this Site. The inclusion of any link on this Site does not imply endorsement of the Linked Sites by us or vice versa.

You bear all risks associated with the use of such Linked Sites, third-party services, and your correspondence or business dealings with advertisers found on or through this Site. If you decide to access the Linked Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You should refer to the separate terms of use, privacy policies, and other rules posted on the Linked Sites before you use them.

This Site may include content provided by third parties, including Content, User Contributions, and Submissions and other information and materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services (“Third Party Content”). All statements and/or opinions expressed in such Third Party Content and all articles and responses to questions and other content relating to any such Third Party Content are solely the opinions and the responsibility of the person or entity providing those materials. Third Party Content does not necessarily reflect our opinion. In addition, we do not warrant the accuracy, completeness, or usefulness of any Third Party Content made available on or through this Site. Any reliance you place on such Third Party Content is strictly at your own risk. We are not responsible, or liable to you or any third party, for the Content or accuracy of any Third Party Content. We disclaim all liability and responsibility arising from any reliance placed on such Third Party Content by you or any other visitor to this Site, or by anyone who may be informed of any of such Third Party Content.

18. TYPOGRAPHICAL ERRORS

Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of typographical mistakes, inaccuracies, or omissions. Some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

19. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or this Site 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 site for any reconstruction of the lost data.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS SITE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US REPRESENTS OR WARRANTS THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS, OR SERVICES OFFERED THROUGH THIS SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS , OR SERVICES OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR ANY OF OUR THIRD-PARTY BUSINESS PARTNERS, LICENSORS, SUBSIDIARIES, OR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE, OR SUCH OTHER WEBSITES, OR ANY PRODUCTS, OR SERVICES, OR ITEMS OBTAINED THROUGH THIS SITE 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 (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

21. INDEMNITY

You agree to indemnify, defend, and hold us and our third-party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors, and assigns and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your violation of these Terms of Use or your access or use of this Site, the Content or any User Content or Submission (including any use or access by your employees or agents), your violation of these Terms of Use or your violation of any rights of another.

22. GOVERNING LAW AND JURISDICTION

All matters relating to this Site and these Terms of Use and any dispute or claim arising from them shall be governed by and construed by the laws of state of Idhao without giving effect to any choice or conflict of law provision.

Any legal suit, action, or proceeding against the Company arising out of, or related to, these Terms of Use or this Site shall be instituted exclusively in the applicable federal courts of the United States or the courts of the state of Idhao. We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state, province, and/or country of residence or any other relevant country. You waive any objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

23. LIMITATION ON TIME TO FILE CLAIMS

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF YOUR USE OF THIS SITE OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT SHALL FOREVER BE BARRED, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY.

Within this period, any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

24. GEOGRAPHIC RESTRICTIONS AND LANGUAGE

This Site and the Terms of Use are governed by United States law, and we make no representation that this Site is appropriate or available for use in locations outside of the United States. The laws of the United States may be different from those in your country, and you understand that by using this Site, your personal information will be processed in the United States or in the countries where our vendors are located.

If you access this Site from outside the United States, you do so on your initiative and are responsible for compliance with local laws. We make no representation that this Site, or any of the Content, is appropriate or available for use in locations outside of the United States.

25. ACKNOWLEDGEMENT AND ENTIRE AGREEMENT

You acknowledge that you have read and understood these Terms of Use and agree these Terms of Use have the same force and effect as a signed agreement.

These Terms of Use constitute the sole and entire agreement between you and us concerning this Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning this Site.

26. WAIVER AND SEVERABILITY

Our failure to act concerning a breach by any user of this Site does not constitute a waiver of our right to act concerning subsequent or similar breaches. No waiver by us of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible and the remainder of these Terms of Use will remain in full force and effect.

27. CONTACT INFORMATION

If you have any questions about these Terms of Use, our practices or your dealings with this Site, please contact us by sending us an e-mail stating your request to info@nephrolytics.ai or by contacting us in writing at the address provided below:

Address:

Attn’ Nephrolytics, Inc.

4511 Zebe Avenue,

Chubbuck, ID 83202

Email: info@nephrolytics.ai