14.1 Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor NKF will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
14.2 Electronic Communications. The communications between you and NKF may take place via electronic means including SMS text, whether you visit NKF Properties or send NKF e-mails, or whether NKF posts notices on NKF Properties or communicates with you via e- mail. For contractual purposes, you (a) consent to receive communications from NKF in an electronic form such as SMS text, calls, and push notifications; (b) agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems; and (c) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NKF provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. If you need assistance regarding conducting electronic communications with the NKF, you may reach out to 800.622.9010 or info@kidney.org. The frequency with which NKF conducts electronic communications, such as message frequency, may vary.
14.3 OPT-OUT OF ELECTRONIC COMMUNICATIONS. IF YOU WISH TO OPT OUT OF EMAILS, YOU CAN UNSUBSCRIBE FROM OUR EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY TEXT “STOP” TO [21528] FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE TEXTS OR CALLS AS A CONDITION OF USING THE COMPANY PROPERTIES OR RELATED SERVICES. YOU CAN RECEIVE ADDITIONAL INFORMATION REGARDING TEXTS OR CALLS BY TEXTING “HELP” TO [21528].
14.4 Supported Carriers List. Supported carriers will not be liable for delayed or undelivered messages. Supported carriers for certain electronic communications include the following:
AT&T
Sprint
T-Mobile®
Metro PCS Verizon Wireless
14.5 Term and Termination. These Terms are effective unless and until terminated by NKF or you. NKF may, in its sole discretion, terminate your use of the Website or any part thereof if you fail to comply with any term of provision of these Terms. You may terminate these Terms at any time by discontinuing all use of the Website. Termination or cancellation of these Terms shall not affect any right or relief to which either NKF or you may be entitled at law or in equity. Upon termination, you must terminate all use of the Website and destroy all materials, including any Content, obtained using the Website and all copies thereof.
14.6 Access from Outside of the United States. Our Website and the Content is hosted in the United States and is governed by the laws of the United States. Our products and Website, and other Content on our Website, are only directed at those located within the United States. If you are using our Website from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Website in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
14.7 Assignment. You may not assign or otherwise transfer these Terms or any rights or obligations hereunder without NKF’s prior, written consent. Any assignment in violation of this Section is null and void.
14.8 Entire Agreement/Severability. These Terms, together with the Privacy Policy, any amendments and any additional agreement you may enter into with NKF in connection with the Website, shall constitute the entire agreement between you and NKF concerning the Website and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and NKF with respect to such subject matter. If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
14.9 Force Majeure. NKF shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.
14.10 No Waiver. No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term, and NKF’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.11 Section Headings. The section headings appearing in these Terms have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.
14.12 Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using the Website and Content and all provision indicating an ongoing obligation, which include but are not limited to Section 7 (Disclaimers); Section 8 (Limitation of Liability); Section 9 (Release and Indemnification); Section 12 (Governing Law; Arbitration; Class-Action Waiver) and Section 14 (General), shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use the Service after the termination of these Terms.
14.13 Contact Us. NKF welcomes your questions or comments regarding these Terms. If you would like more information please contact us. For questions about financial and/or compliance matters, please email us at compliance@kidney.org.
