Welcome to the website (“Site”) for The Kidney Foundation of Central Pennsylvania (KFCP).
2. ACCESS TO THE SITE
3. ACCEPTABLE USE OF THE SITE
In order to use the Site, you must obtain access to the Internet and pay any and all service fees associated with such access.
(a) Individual Use. You agree that you are only authorized to visit, view, and to retain a single copy of pages of the Site for your own internal use and not for any commercially-related purposes or in a manner that in any way suggests a connection, affiliation, or any time of relationship between KFCP and you or an entity related to you. You also agree that you will not duplicate, download, publish, modify, or otherwise distribute any material on the Site for any purpose other than for your own internal use unless otherwise specifically authorized by KFCP in writing.
(c) Framing. You agree not to create any frames at any other websites pertaining to or using any of the content located at the Site for any purpose, unless specifically authorized by KFCP in writing.
(d) Security, Cracking, and Hacking. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host, or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “mail bombing,” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. KFCP reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the internet.
(e) Responsibility for Posted and Submitted Content. You represent and warrant that any information and/or material you provide to KFCP by means of the Site, including, without limitation, as part of any registration or subscription to gain access to or to use any services offered on the Site (“Submissions”), is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith. You agree NOT to use the Site for or in connection with any of the following activities (i) transmitting or relaying spam, spoofing, or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing or otherwise transmitting or using the Site in furtherance of the use, distribution, or transmission of any unlawful, harassing, defamatory, tortuous, libelous, sexually explicit, obscene, hateful, racially, ethnically, or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation of the Site.
(f) Ownership. KFCP puts content on the Site for you to examine including, without limitation, text, graphics, photographs, pictures, drawings, animation, audio, video, literature, and any other material distributed by KFCP on or in connection with the Site. Moreover, KFCP attempts to display the content in a way that will be easily accessible and useful for you, the user. All content and materials on the Site, including, without limitation, text, graphics, logos, button icons, images, audio clips, and software included in the Site and any services offered on the Site, are the property of KFCP, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws. The compilation of all content on the Site is the exclusive property of KFCP and is protected by U.S. and international copyright laws. All software used on the Site is the property of KFCP and is protected by U.S. and International copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of KFCP and any other applicable copyright owner. You acknowledge that you do not acquire any ownership of rights by virtue of downloading copyrighted material from the Site.
4. WARRANTY DISCLAIMER
The materials on the Site are provided to you free of charge, “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, or non-infringement. KFCP does not warrant that any part of the site will operate uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the Site and access to the Site will be uninterrupted, continuous, or error-free.
KFCP cannot be held responsible for the material contained on third party sites and/or related services nor does KFCP make any representations or warranties as to the security of any information you might be requested to give to third party sites.
5. LIMITATION OF LIABILITY
Your use of the Site is at your own risk. KFCP assumes no responsibility, and shall not be liable for any damage to or any viral infection of your computer equipment or software on account of your access, use of, or browsing in this or any other site. In no event shall KFCP be liable for any damages whatsoever, including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, use, or data whether brought in contract (including fundamental breach) or tort (including negligence), arising out of or connected with any KFCP site or use, reliance upon, or performance of any material contained in or accessed from any KFCP site.
You shall indemnify, defend, and hold harmless KFCP and its sponsors, affiliates, officers, directors, employees, volunteers, attorneys and agents, from and against any and all damages, claims, and actions brought by you or any third party resulting from your use of the Site in violation of these Terms or the infringement by you of any Intellectual Property Rights of any person or entity.
7. GOVERNING LAW AND CHOICE OF FORUM
The laws of the Commonwealth of Pennsylvania (excluding any principles of conflicts of laws) govern your use of the Site, the services, and these Terms. You agree that parties shall settle any claim or dispute relating to these Terms by binding arbitration in Harrisburg, Pennsylvania.
8. CONTRACT ELECTRONICALLY
You agree that the Terms combined with your act of using the Site and/or the services offered on or through the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility, of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.