Shift Dialysis LLC Terms of Use
(Last Modified October 5, 2021)
Welcome to ShiftDialysis.com. These Terms of Use govern your and our respective rights and obligations as they relate to your use of all ShiftDialysis.com offerings, including but not limited to our website at ShiftDialysis.com (our “Website”) and any other ShiftDialysis.com service or content licensed, downloaded, or otherwise accessed by you (together with our Website, “Services”).
Please note that your use of our Services is also governed by our Privacy Policy and our Cookie Policy, all of which (as may be changed over time) are expressly incorporated into these Terms of Use (collectively, "these Terms"). These Terms constitute the entire agreement between you and us relating to our Services.
Acceptance
It is important that you read these Terms carefully. These Terms are a legal agreement between you and Shift Dialysis LLC, the owner and operator of this Website. They describe the terms and conditions under which you may access and use our Website and all written and other materials displayed or made available through our Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, code, and linked content (collectively, “Content”), as well any other of our Services.
By accessing and using our Website, or by otherwise accessing, downloading, installing, or using any of our other Services, (a) you are indicating your acceptance to be bound by these Terms and (b) you represent that you are at least 18 years old. If you don’t agree with these Terms or if you are younger than 18, do not use our Services.
You represent and warrant that you have the right, authority, and capacity to accept these Terms and to abide by them. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject Shift Dialysis LLC to any registration requirement within such jurisdiction or country, and the use of the Services is unauthorized in any such jurisdiction or country. You agree not to access or use the Services in any such jurisdiction or country. You agree that it is your responsibility to ensure that the use of the Services is lawful in the jurisdiction or country where you are located.
Modifications
Shift Dialysis LLC may revise these Terms at any time and in our sole discretion without notice to you. We will post the changes on our Website, and the changes will be effective immediately upon posting. You are responsible for reviewing and becoming familiar with any changes. You can tell when changes have been made by referring to the “Last Modified” date at the tops of this page, our Privacy Policy, and our Cookie Policy. You cannot make changes to these Terms unless both you and Shift Dialysis LLC sign a written amendment. Your continued use of our website and other Services after we change these Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must stop using our Services.
Our Social Media
We have a number of social media accounts, including without limitation Facebook, Twitter, YouTube, Instagram, and LinkedIn (collectively, the “Pages”). All Content on our Pages is subject to both these Terms and the individual terms of use as outlined by each social media provider. By interacting with our Pages, you agree to be bound by these Terms and by the terms of use of the relevant social media provider
No Medical Advice; No Physician-Patient Relationship
Do NOT use this Website for medical emergencies.
If you have a medical emergency, immediately CALL 911
or go to the nearest emergency room.
Our Website and Pages are provided for educational and informational purposes only and do not constitute medical advice or professional services. The information provided on this Website, on our Pages, or through links to other websites, is not a substitute for medical or professional care and should not be used for diagnosing or treating a health problem or disease. Such information should not be used in place of a medical visit, call, or consultation, or the advice of your physician or healthcare provider.
Never disregard medical or professional advice or delay seeking it because of something you read on our Website, our Pages, or a linked website. Never rely on information you have read on or accessed through our Website, our Pages, or linked websites in place of seeking professional medical advice. Ask your physician or other qualified healthcare provider licensed to practice medicine in your jurisdiction to assist you in understanding and, if appropriate, applying, any information you access on our Website, our Pages, or any linked websites.
Under no circumstances should you attempt self-treatment based on anything you have seen or read on our Website, our Pages, or linked websites; always consult with your physician or other qualified healthcare provider for diagnosis and treatment and with any questions you may have about any medical condition. Information obtained on or through our Website, our Pages, or linked websites is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
No physician-patient relationship is created by your access of our Website or other Services. Our presentation of general information on our Website and Pages does not establish a physician-patient relationship between you and Shift Dialysis LLC (or any of the physicians we work with) and is not intended as a solicitation of individuals to become patients or clients of Shift Dialysis LLC (or any the physicians we work with). Nor does your use of our Services create any type of professional relationship between you and Shift Dialysis LLC or the other healthcare professionals we work with. While your use of our Services does not create a physician-patient relationship, any communications you have through our Website with a physician with whom you have a pre-existing physician-patient relationship may be part of that physician-patient relationship.
Communications with Us
Our Website allows you to communicate with us by “Talk to Us” form or by email. Communications sent by you to Shift Dialysis LLC via email or through this Website may not be secure and may be accessible by third parties. Any use or disclosure of personal information provided by you shall be in accordance with our Privacy Policy. Any information you post through our Website or otherwise transmit to Shift Dialysis LLC must be accurate, truthful, current, and complete. If we suspect that your information is not accurate, truthful, current, and complete, we may suspend or terminate your ability to use or access our Services.
Registration/Accounts
You may need to create an account or log into your pre-existing account to use certain of our Services. You must be at least 18 years old to create an account, and you must provide accurate, truthful, current, and complete information when creating that account, as well as promptly update any information that changes. If we suspect that your information is not accurate, truthful, current, and complete, we may suspend or terminate your ability to use or access our Services. The information you provide will be used and held in accordance with our Privacy Policy.
You are responsible for all activity on your account and the security of your devices, so keep your username and password secure. We will treat all actions performed through your account as being performed by you. We will not be responsible for any losses arising out of the unauthorized use of your account. You understand that you may be held liable for losses incurred by us or any third party caused by someone else using your account. If you become aware of any actual or suspected loss, theft, fraud or unauthorized use of your account or your password, please tell us immediately. You agree to fully cooperate with us to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting us access to any password-protected portions of your account.
Notwithstanding anything to the contrary in these terms, you acknowledge and agree that you will have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to our benefit. We also reserve the right to refuse service, terminate accounts, remove, or edit Content as well as materials uploaded or posted by you, in our sole discretion. We may cancel or terminate your right to use our Services, or any part of our Services, at any time without notice.
CONDUCT
Our Website and Pages may provide features that allow you to post comments, messages, and content to designated areas on our Website, to participate in chat groups, to interact with Shift Dialysis LLC and other users, and to upload files, documents, images, or other materials. Your comments, messages, files, documents, and any other materials you post or upload are collectively referred to as “Material” for purposes of these Terms.
You agree (a) to use our Services only for lawful purposes and in compliance with all applicable state, federal, and international laws, regulations, and other government requirements; (b) not to transmit any Material that encourages conduct that could constitute a violation of such laws, regulations or requirements; (c) not to upload or post any Material that contains malware, that infringes the intellectual property or other rights of any third party, that is unlawful, or that violates these Terms or (if applicable) the terms of the relevant social media platform; (d) not to upload or post any Material that is harassing, abusive, hateful, rude, vulgar, or embarrassing to any other person or entity or that is otherwise inappropriate in any way as determined by Shift Dialysis LLC in its sole discretion; (e) not to upload or post any Material that is false or misleading; (f) not to upload or post any Material that constitutes advertising, “spam,” pyramid schemes, or commercial solicitation, or that involves contests, sweepstakes, advertising, and pyramid schemes; (g) not to upload or post any Material that threatens, incites, promotes, or glorifies violence; (h) not to crawl or scrape any part of our Website for any purpose (including but not limited to collecting email addresses) or to reverse engineer or attempt to obtain the source code of our Website; (i) not to allow any other person or entity to use your identity for the purpose of viewing or posting material; and (j) not to engage in any other conduct that restricts or inhibits any other person from using or enjoying our Services, or which, in the judgment of Shift Dialysis LLC, exposes Shift Dialysis LLC or any of its customers or suppliers to any liability or detriment of any type.
By posting or uploading Material on or to our Website or Pages, you represent that you have all necessary rights to that Material, that you are not impersonating any other person or falsely stating or implying that you are posting on behalf of any third party or entity, that the Material is true and accurate, that you’re not infringing or violating any third party’s rights by posting it, and that such Material fully complies with these Terms and (if applicable) the terms of the relevant social media platform.
We have the right but not the obligation to (a) monitor and edit or remove any Material, even if it complies with these Terms; (b) record the dialogue in public chat rooms as well as all other Material you post or upload on our Website or Pages; and (c) investigate allegations that a communication fails to comply with these Terms.
We take no responsibility and assume no liability for any Material posted by you or anyone else. You are solely responsible for your own communications and the consequences of posting those communications. Shift Dialysis LLC is not responsible for the content of any third-party comments or posts on our Website or our Pages. You are solely responsible for the consequences of any decision you make to rely reliance on such communications. If you feel threatened by such a communication or believe someone else is in danger, contact your local law enforcement agency immediately.
By posting Material on or uploading Material to our Website or any of our Pages, you grant Shift Dialysis LLC a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to (i) use, display, edit, modify, translate, reproduce, distribute, store, and prepare derivative works of your Material in order to better provide our Services and to promote our Services, in any formats and through any channels, including any third-party advertising medium and (ii) to sublicense all such Material to third parties. You grant us the right to use the name you submit in connection with that Material as well.
License for Personal Use Only
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website, Pages, and other Services solely for your personal, noncommercial use, subject to these Terms. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained through our Website, Pages, or other Services.
Notwithstanding the above, you may download, store, and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you download, store, or print. You may not copy and/or repost items comprising the Content online. You must abide by any additional requirements governing the use of any specific Content that may be described on our Website. In the event of a conflict between the terms of a license governing specific Content and these Terms, the terms of the specific license shall govern.
Shift Dialysis LLC reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice to you, and we shall have no liability to you or any third party for doing so.
We reserve all rights in our Services not expressly granted to you in these Terms. We may, in our sole discretion, terminate your access to our Services and remove and discard any of our Content and any of your Material at any time, without notice, for any reason.
No Endorsements; Links to Third Party Sites
Shift Dialysis LLC does not recommend or endorse any specific brand of products, services, procedures, treatment, therapy, or other information that appears or that may be advertised on our Website.
Our Website may contain links to third-party websites, third party websites framed within our Website, third-party sites provided as search results, and third-party advertisements. These links are provided solely as a convenience to you and not as an endorsement or recommendation by Shift Dialysis LLC of any third-party website or that website’s content.
Shift Dialysis LLC makes no representation, warranty, or covenant of any kind regarding any third-party website including, without limitation, any representation, warranty, or covenant (i) regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party website; (ii) regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; or (iii) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.
Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
While Shift Dialysis LLC encourages links to our Website, you agree not to post links to our Website from any third-party website that contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation that may be damaging or detrimental to the activities, operations, credibility, or integrity of Shift Dialysis LLC; or (ii) any website that contains, posts, or transmits any material or information of any kind that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, or that is protected by copyright, trademark, or other proprietary rights.
Shift Dialysis LLC reserves the right to refuse to accept any link to our Website, including, without limitation, any link that contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to our Website upon the request of Shift Dialysis LLC.
Disclaimer of Warranties
Our Website is provided on an “as is” and “as available” basis. While we try to provide information that is correct, accurate, current, and timely, Shift Dialysis LLC makes no representations, warranties, or covenants, express or implied, regarding our Website, our Pages, our other Services, or the Content. We disclaim any and all representations and warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Further, we do not warrant that (i) the Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (ii) that the operation of our Website will be uninterrupted or error-free; (iii) that defects or errors in our Website or the Content, be it human or computer errors, will be corrected; (v) that our Website will be free from viruses or harmful components; or (vi) that communications to or from our Website will be secure and/or not intercepted. You acknowledge and agree that your access to and use of our Website, the Content, and our Pages, as well as our other Services, is entirely at your own risk and liability.
While we take reasonable precautions against infection of our Website by malware, we cannot guarantee there will be no such infection, and we cannot guarantee the security or confidentiality of any communication to or from our Website. Any time you use the internet, there is a risk that your transactions are being viewed, intercepted, or modified by third parties or that files that you downloads may contain computer viruses, disabling codes, worms, or other malware.
We accept no liability for any interference with or damage to any user's computer system, mobile device, software, or data occurring in connection with or relating to this Website, our Pages, or other Services. You are encouraged to take appropriate and adequate precautions to protect yourself.
Nor can we guarantee that our Services will be provided in a manner that is uninterrupted, timely, secure, or error-free. You use our Website and other Services solely at your own risk.
While using our Website, you may come across materials that you find offensive or inappropriate. We are not responsible for the accuracy, legality or decency of content posted by users. You release us from all liability relating to that content.
Limitation of Liability
We will not be liable for any damages whatsoever, and in particular we will not be liable for any special, indirect, consequential, incidental, punitive damages, or damages for lost profits, loss of revenue, or loss of use (including liability for any consequential or incidental damages or damage to your computer or mobile device hardware or software), arising out of or related to our Website, to our Pages, or to our other Services, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. You will be solely responsible for any damage to your computer system or loss of data resulting from your use of our Website, Pages, and/or our other Services.
Further, we will not be liable for damages of any kind relating to any injury, illness, personal injury, wrongful death, improper diagnosis, improper treatment, or any other loss incurred in connection with your reliance upon our Website, Pages, other Services, or linked websites, regardless of the cause and whether arising in contract, tort, or otherwise.
The foregoing limitations shall apply even if Shift Dialysis LLC knew or should have known of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.
Indemnification
You agree to indemnify, defend, and hold harmless Shift Dialysis LLC and its affiliates, owners, officers, directors, employees, agents, contractors, licensors, site contributors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, attorney fees and disbursements at arbitration, on trial, or on appeal, resulting directly or indirectly from (i) your alleged breach of any of these Terms; (ii) your access to, use, misuse, reliance upon, or inability to access or use our Website, the Content, our Pages, any website to which our Website links or may be linked to, or any other of our Services; or (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including but not limited to the Content) on or from our Website, our Pages, or other Services; (iv) any other alleged wrongful actions and/or omissions by you; and (v) anyone else’s use of our Services through your account.
Intellectual Property
Trademarks
All trade names, trademarks, service marks and other product and service names and logos (“Marks”) displayed on this Website are proprietary to their respective owners and are protected by the trademark laws. The ShiftDialysis mark and logo are trademarks of Shift Dialysis LLC. Other names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on our Website may constitute registered or unregistered trademarks of Shift Dialysis LLC or third parties.
Our Marks may not be used in connection with any activity, event, product, or service that is not ours. If you do use any of our Marks, you must note that such mark is a “trademark of Shift Dialysis LLC.” You must not use any of our Marks: (i) as the whole or part of your own Mark; (ii) in a manner that may be confusing, misleading, or deceptive; or (iii) in a manner that disparages us or our Content, Website, Pages, or other Services.
The display of third-party Marks on our Website should not be taken to imply any relationship between Shift Dialysis LLC and the owners of those trademarks or to imply that Shift Dialysis LLC endorses the wares, services, or businesses of the owners of those Marks. You may use third-party Marks only with the owner’s consent.
Copyright
The Content is protected by copyright law and is owned by Shift Dialysis LLC and its third-party suppliers. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of our Website, our Pages, or the Content, whether in whole or in part, is prohibited without Shift Dialysis LLC’s express prior written consent.
DMCA Notice
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
(a) Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
(b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
(c) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;
(d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. Your signature may be physical or electronic.
Upon obtaining a DMCA-compliant notice of infringement, we will act expeditiously to remove or disable access to the material.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is written communication that incorporates ALL of the following elements: the material alleged to be infringing, including its location; a statement by you declaring under penalty of perjury that you have a good-faith belief that the material at issue was either misidentified or mistakenly removed; your name, address, and telephone number; your physical or electronic signature, and one of the following two statements:
(a) If you are located within the United States: “I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent."
(b) If you are located outside of the United States: “I consent to the jurisdiction of any United States federal district court where Shift Dialysis LLC is located and will accept service of process from the person who provided the notice set forth above or their agent.”
Note: False statements in your notification of infringement or in your counter notification may lead to civil or criminal penalties.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Shift Dialysis LLC, designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Shiftdialysis@gmail.com
Miscellaneous
Choice of Law. These Terms shall be deemed a contract made in Oregon and will be governed by and construed under the laws of the State of Oregon without regard to its conflict of laws principles. The state and federal courts of Oregon are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms and/or your use of our Website and our other Services. You consent to personal jurisdiction of and venue in the state and federal courts of the State of Oregon in Multnomah County, Oregon.
Complete Agreement. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. In the case of inconsistencies between these Terms and any information included in on- or off-line materials, these Terms will always control.
Waiver. Our failure to exercise or enforce any term will not constitute a waiver of such term.
Third-Party Sites. Our Website and Pages may include links to other sites that are owned and/or operated by third parties. You acknowledge that we are not responsible for the availability of or the content located on or through any third-party website. Your use of those third-party sites is subject to the terms of use and privacy policies of each site.
Severability. If any provision of these Terms is declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such decision will not have the effect of invalidating or voiding the remainder of these Terms, and the part(s) of these Terms so held to be invalid, unenforceable or void will be deemed stricken, and these Terms will be reformed to replace such stricken provision with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. The remainder of these Terms will have the same force and effect as if such part or parts had never been included.
Attorney Fees. In the event that any action, suit, or legal proceeding is initiated or brought to enforce any or all of the provisions of these Terms or for their breach, the prevailing party shall be entitled to such attorneys’ fees, costs, and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys’ fees, costs, and disbursements as are deemed reasonable and proper by the appellate court(s).
Assignment. You agree that our rights and responsibilities under these Terms may be assigned by us in our sole discretion, to a third party. You may not assign any of your rights or responsibilities under these Terms.
Survival. These Terms will remain in effect even after your access to your account and/or our Services is terminated.
Contact Information.
Questions or comments regarding our Services, including any reports of non-functioning links on our Website, should be submitted using our Talk to Us Form or via email to: shiftdialysis@gmail.com.