Terms & Conditions

Purpose

The Permanente Federation LLC provides this Website (“the Website”) to allow users to receive general information.

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

If you think you or someone you are taking care of has a medical or psychiatric emergency, call 911 or go to the nearest hospital.

Agreement

BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

Breaches of these Terms and Conditions

In consideration of being allowed personal use of the Website, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

subscribing to the Website newsletter as, or pretending to be, another person
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, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including any employee of the Federation or Kaiser Permanente*) or entity, as determined by the Federation in its sole discretion
collecting information about others, including email addresses
intentionally distributing viruses or other harmful computer code

The Federation expressly reserves the right, in its sole discretion, to terminate a user’s access to the Website due to any act that violates these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and the Website Privacy Policy, these Terms and Conditions govern.

Access, Correction, and Data Integrity

Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting our Web Content Manager. (On our permanente.org website, you may Contact our Web Content Manager using the link available at the bottom of each web page.)

Revisions, Changes, and Updates

We may revise the information on the Website or otherwise change or update the Website, including these Terms and Conditions, without notice to you. 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 Website will signify your continued agreement to the Terms and Conditions as they may be revised.

Links

The Website provides links to other websites that are not owned or controlled by the Federation (“Third Party Websites”). We provide links to Third Party Websites as follows.

The Federation 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.

The Federation is not 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. Unless we specifically advise you otherwise, links to Third Party Websites do not constitute or imply endorsement by the Federation of those sites, the information they contain or any products or services they describe. The Federation does not receive payment or other remuneration in exchange for you linking to or using any Third Party Website.

Disclaimer

THE WEBSITE AND ITS CONTENT 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 WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE FEDERATION OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITES DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY THE FEDERATION UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of liability; choice of law

THE FEDERATION AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE WEBSITE 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 WEBSITE, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY THIRD PARTY WEBSITE, 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 WEBSITE AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE WEBSITES. 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 the Website, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of the Federation or its licensors and is protected by United States and international copyright laws. The Federation allows you to view or download a single copy of the material on the website solely for your personal, noncommercial use.

The compilation of all content on the Website is the exclusive property of the Federation and is protected by United States and international copyright laws. Unless specifically authorized in writing by the Federation, any use of these materials, or of any materials contributed to the Website by entities other than the Federation, 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 the Federation. Content and features are subject to change or termination without notice in the editorial discretion of the Federation.

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 Website 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 http://www.loc.gov/copyright.

In accordance with the DMCA, the Federation 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: Katherine Saral
Address: The Permanente Federation, 1 Kaiser Plaza, 27^th Floor, Oakland, CA 94612
Fax: 1-510-267-2194
Email: katherine.r.saral@kp.org

(The above contact information is for copyright-related complaints only. No solicitations.)

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

“Permanente Medicine” is the registered service mark of the Federation. “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 the Website through use of the TM, SM, or ® symbols. Users of the Website are not authorized to make any use of the Permanente Medicine or 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 the Federation, a Permanente Medical Group, any other Kaiser Permanente entity, or an applicable third party.

* For the purposes of these Terms and Conditions, “Kaiser Permanente” comprise of Kaiser Foundation Health Plan and its subsidiaries, Kaiser Foundation Hospitals and its subsidiaries, and the Permanente Medical Groups and its affiliates, including the Federation.

Last updated: January 1, 2020
Version 3