Terms and Conditions

Purpose

Kaiser Permanente Eye Care Services provides this "kp.org/2020" Web site (the "Web site") to allow our members and other users to learn about our eye care services and eyewear products, including frames, lenses, and contact lenses.

The information provided on this Web site is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician, eye care professional or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Web site.

If you think you have a medical or psychiatric emergency, call 911 or go to the nearest hospital.

Agreement

BY USING THE WEB SITE OR BY CLICKING "I ACCEPT" BELOW, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE.

Revisions, changes, and updates

We may revise the information on this Web site or otherwise change or update the Web site, including these Terms and Conditions, without notice to you. Kaiser Permanente Eye Care Services may also make improvements and/or changes in products and/or services described on this Web site or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Web site will signify your continued agreement to these Terms and Conditions as they may be revised.

Links

This Web site is independently managed by Kaiser Permanente Eye Care Services.

The Web site provides links to kaiserpermanente.org to connect you easily to additional sources of health information.
The Web site also provides information from third party vendors that we have made arrangements with to offer you information about their products. These vendors pay an advertising fee to Kaiser Permanente. Kaiser Permanente Eye Care Services contracts with these vendors for eyewear products, and has selected the vendors in accordance with a competitive bidding process, which is aimed at achieving compliance with Kaiser Permanente’s product quality standards and other applicable requirements.

Kaiser Permanente Eye Care Services is not responsible for the content, security or the privacy practices of Third Party Web sites we may elect to link to now or in the future. Please review the privacy statement and any terms of use of each Third Party Web site you visit.

Access, correction, and data integrity

Although we attempt to maintain the integrity and accuracy of the information on the Web site, we make no guarantees as to its correctness, completeness, or accuracy. The Web site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Web site by third parties without our knowledge. If you believe that information found on the Web site is inaccurate or unauthorized, please inform us by contacting our Webmaster.

Use by children

We do not knowingly allow Kaiser Permanente members under the age of 13 to create accounts that allow access to the secured features of this site.

User participation in interactive services

Members in Hawaii and Northern California may use this Web site to purchase refill prescriptions for their contact lenses using secure, interactive features. Any personal information you submit to the Web site is governed by our privacy practices. To deactivate your kp.org/2020 account, please contact our Webmaster at 1-888-586-2020. To the extent there is an inconsistency between these Terms and Conditions and the kp.org/2020 privacy practices, these Terms and Conditions shall govern.

You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party.

In consideration of being allowed to use kp.org/2020 interactive services, you agree that the following actions shall constitute a material breach of these Terms and Conditions

signing on as or pretending to be another person
intentionally distributing viruses or other harmful computer code
Kaiser Permanente Eye Care Services expressly reserves the right, in its sole discretion, to terminate a user's access to any interactive services and/or to any or all other areas of the Web site due to any act that would constitute a violation of these Terms and Conditions.

Passwords

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Kaiser Permanente Eye Care Services online password or account. It is your sole responsibility to (1) control the disclosure and use of your activation codes and password; (2) authorize, monitor, and control access to and use of your Kaiser Permanente Eye Care Services online account and password; and (3) promptly inform the kp.org Web manager of any need to deactivate a password.

Disclaimer

THIS WEB SITE AND ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KAISER PERMANENTE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THIS WEB SITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY KAISER PERMANENTE UNLESS SPECIFICALLY STATED OTHERWISE.

LIMITATION OF LIABILITY; CHOICE OF LAW

KAISER PERMANENTE AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THIS WEB SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE, AND/OR ANY THIRD PARTY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE WEB SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.

Copyrights

Except as otherwise indicated, all content on this Web site, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Kaiser Permanente or its vendors and is protected by United States and international copyright laws. Kaiser Permanente allows you to view or download a single copy of the material on the Web site solely for your personal, noncommercial use. The compilation of all content on this Web site is the exclusive property of Kaiser Permanente and is protected by United States and international copyright laws. Unless specifically authorized in writing by Kaiser Permanente, any use of these materials, or of any materials contributed to this Web site by entities other than Kaiser Permanente, on any other Web site or networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by Kaiser Permanente. Content and features are subject to change or termination without notice in the editorial discretion of Kaiser Permanente.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, Kaiser Permanente has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent: David S. McWaters
Address: Kaiser Permanente Internet Services Group, 1 Kaiser Plaza, 25th Floor, Oakland, CA 94612
Fax: (510) 267-2146
E-mail: ISG.QA-Compliance@kp.org

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Trademarks and service marks

"Kaiser Permanente" and the Kaiser Permanente logo are registered service marks of Kaiser Permanente or its affiliates. Other proprietary marks of Kaiser Permanente or third parties may be designated as such from time to time on this Web site through use of the TM, SM, or ® symbols. Users of this Web site are not authorized to make any use of the Kaiser Permanente marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Kaiser Permanente or the applicable third party.

Revised March 2008