Terms and Conditions

Purpose

Kaiser Permanente Eye Care Services provides this "kp2020.org" 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.

Using messaging

Kaiser Permanente provides users with a number of interactive online services to help them better communicate with our practitioners and staff. These services may include (but are not limited to):

email the staff
appointment requests

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

Passwords

Kaiser Permanente has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Kaiser Permanente online password or account. It is your sole responsibility to (1) control the disclosure and use of your activation codes, password reset codes and password; (2) authorize, monitor, and control access to and use of your Kaiser Permanente online account and password; and (3) promptly change your password if you feel it has become compromised; and (4) promptly inform the Site manager of any need to deactivate an account entirely.

To change your password, sign on and choose the arrow icon next to your name at the top of the page. Then, select Profile and Preferences. To deactivate your account, you may Contact our Site Manager using the link available at the bottom of each Website web page. If you're using a mobile device and would like to change your password or deactivate your account, please go to the Website and follow the above steps.

Breaches of these Terms and Conditions

In consideration of being allowed to use the Site 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 (Note: this does not restrict authorized use of the Site for dependents.)
using messaging for any purpose in violation of local, state, national, international laws or posted Kaiser Permanente policies
transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others
transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Kaiser Permanente personnel) or entity as determined by Kaiser Permanente in its sole discretion
using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
collecting information about others, including email addresses
intentionally distributing viruses or other harmful computer code
attempting to (1) probe, scan, "hack", or test the vulnerability of the Site or any Kaiser Permanente system or network; or (2) breach any security or authentication measures on the Site or any Kaiser Permanente system connected to either the Site
using any "deep-link", "page-scrape", "robot", "spider", data mining tools, data gathering and extraction tools, or other automatic device, program, algorithm or methodology, to (1) access, acquire, copy or monitor any portion of the Site, or (2) in any way reproduce or circumvent the navigational structure or presentation of the Site

Kaiser Permanente 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 Site due to any act that would constitute a violation of these Terms and Conditions.

Kaiser Permanente may offer interactive areas of the Site under license with Third Party software service providers. These Terms and Conditions extend to and apply to your use of our licensors’ software. Our licensors are direct third-party beneficiaries of applicable rights under these Terms and Conditions. By using our licensor’s software, you agree to be bound directly to our licensors with respect to your compliance with these Terms and Conditions. Kaiser Permanente may directly enforce the licensors’ rights under these Terms and Conditions on the licensors’ behalf or a licensor may enforce its rights under these Terms and Conditions directly against you or other users who breach these Terms and Conditions.

Communications by email

By accepting these Terms and Conditions, you agree to receive essential communications by email. These communications may include (but are not limited to):

order confirmations
Site and service updates

While you have Kaiser Permanente coverage, you may periodically receive online invitations to participate in member satisfaction and other types of surveys related to your experiences at Kaiser Permanente. Your participation in such surveys is always optional.

If you forget your Website password, among the available methods for resetting your password is the option to choose to have a one-time password reset code sent to the email address you provided to us when you registered for the Website. To protect your privacy, we recommend that you not use an email address that you share with anyone else. To update your email address, sign on to the Website and choose the arrow icon next to your name at the top of the page. Then, select Profile and Preferences.

Communications by Phone or Text

You verify that any phone information provided to KP is true and accurate, and that you are the current subscriber or owner of any telephone number that you provide.

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive prerecorded voice messages, and/or autodialed calls and text messages from us, our agents, affiliates, and independent contractors related to your relationship with KP. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive automated calls and text messages from KP, our agents, affiliates, and independent contractors even if you cancel your account or terminate your relationship with us, except if you opt-out (see below).

The text message communications that you may receive from KP may include (but are not limited to):

A one-time, multifactor authentication (MFA) passcode sent to you after you have opted-in to receiving such a code to authenticate your logging onto the Site
General health communications from Kaiser Permanente providers including but not limited to notifications regarding upcoming or scheduled appointments, checkups and exams, hospital pre-registration instructions, prescription notifications or reminders, or home healthcare instructions
General health communications relating to your account, registration, changes and updates, service outages, reminders, billing notifications, payment notices, new services available to members, or any transaction with KP
Marketing and promotional communications

At any time, and even if you have expressly given us permission to send voice/text messages to you, you may communicate your desire not to receive additional voice/text messages by following the stop or opt-out instructions in the voice or text message, by adjusting your preferences on the Website (for only certain categories of communications), or by contacting an Optical Store.

You acknowledge that neither Kaiser Permanente nor Carriers are liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

You acknowledge that you are aware text messages are not fully secure and could be intercepted by a third party and acknowledge if you share your mobile device with others, they may be able to view text messages sent by Kaiser Permanente. It is your responsibility to understand the risks of receiving text messages on your mobile device. To update your mobile phone number, please contact your Optical Store.

Use by children

We do not knowingly allow minors under the age of 13 to create accounts that allow access to the secured features of the Site.

Access, correction, and data integrity

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

Revisions, changes, and updates

We may revise the information on the Site or otherwise change or update the Site, including these Terms and Conditions, without notice to you. Kaiser Permanente may also make improvements and/or changes in products and/or services described on the 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 Site will signify your continued agreement to these Terms and Conditions as they may be revised.

Links to Third Party Websites

The Site provides links to other websites that are not owned or controlled by Kaiser Permanente ("Third Party Websites"). We provide links to Third Party Websites as follows.

Kaiser Permanente provides links to Third Party Websites to connect you easily to additional sources of health information or third party services that may be of interest to you. We may not have any business relationship with the party that controls this type of Third Party Website and a link to such a site is offered only as a convenience to you.
Kaiser Permanente also provides links to Third Party Websites managed by vendors that we have made arrangements with to offer you services to help you manage your health or to take and fulfill orders when you purchase items or materials from us. These Third Party Websites may be co-branded, meaning that they display the Kaiser Permanente logo and the logo of the Third Party vendor but they are owned and controlled by the Third Party.

In each such instance, where practicable, we will let you know when you are leaving the Site and linking to a Third Party Website. We may use an icon that we identify with an appropriate legend to let you know when you are leaving the Website.

Kaiser Permanente may not be responsible for the content, security or the privacy practices of Third Party Websites. Please review the privacy statement and any terms of use of each Third Party Website you visit, if applicable. Unless we specifically advise you otherwise, links to Third Party Websites do not constitute or imply endorsement by Kaiser Permanente of those sites, the information they contain or any products or services they describe. Kaiser Permanente does not receive payment or other remuneration in exchange for you linking to or using any Third Party Website.

Disclaimer and Limitation of liability

Disclaimer of Warranties

THE SITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS 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. YOUR USE OF THE SITE IS VOLUNTARY, AND AT YOUR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY KAISER PERMANENTE UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of liability

KAISER PERMANENTE AND ITS AFFILIATES, SUPPLIERS, LICENSORS AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE 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 SITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE, ANY APP TO WHICH YOU PERMIT KAISER PERMANENTE TO RELEASE DATA (AND INCLUDING, WITHOUT LIMITATION, THE APP'S USE OF ANY DATA YOU MAKE AVAILABLE TO THE APP), AND/OR ANY THIRD PARTY WEBSITE, OR YOUR USE OF ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED IN THE FOLLOWING PARAGRAPH, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, APPS, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE SITE, APPS, AND/OR THOSE SERVICES.

APPLICABLE LAWS MAY NOT ALLOW SUCH DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, OR THE EXCLUSIONS FROM SUCH LIABILITY, AND YOU MAY BE ENTITLED TO SEEK OTHER REMEDIES UNDER YOUR EVIDENCE OF COVERAGE OR OTHER AGREEMENT WITH KAISER PERMANENTE. IN SUCH CASE, THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Choice of law

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, the Site and all content on the Site, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Kaiser Permanente or its licensors 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 Site solely for your personal, noncommercial use.

The compilation of all content on the Site is the exclusive property of Kaiser Permanente or, as applicable, its licensors, 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 the Site by entities other than Kaiser Permanente, on any other website 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 the 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 website, currently located at https://www.copyright.gov.

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: kp2020.org Copyright Compliance Department
Address: The Permanente Medical Group, Inc.
1800 Harrison Street, 22nd Floor,
Oakland, CA 94612
Phone: (510) 625-5454 Fax: (510) 625-5305
E-mail: TPMGcopyrightagent@kp.org
(No solicitations)

(This telephone number is for copyright-related complaints only. No solicitations. For member and website services, call 510-231-4508)

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 TPMG 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 or TPMG 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, TPMG or the applicable third party.

Revised July 2022