Terms and Conditions
Kaiser Permanente provides this Web site, “www.kpresearchbank.org” (the “Web site”), to allow interested members of the public, as well as Kaiser Permanente physicians and staff, to learn about the research-related activities of the program known as the Kaiser Permanente Research Bank.
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 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.
BY USING THE WEB SITE, 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 Foundation Research Institute (KRFI) 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.
This Kaiser Permanente Web site provides links to other web sites that are not owned or controlled by Kaiser Permanente (“Third Party Web sites”). We provide links to Third Party Web sites as follows.
Kaiser Permanente provides links to Third Party Web sites 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 Web site and a link to such a site is offered only as a convenience to you.
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 Web manager.
Use by children
We do not knowingly allow Kaiser Permanente members under the age of 13 to create accounts on www.kpresearchbank.org.
User participation in interactive services
Any personal information you submit to the Web site is governed by the kp.org privacy practices. This includes information on your rights to see and receive copies of your personal health information. To deactivate your kp.org account, please contact our Web manager. To the extent there is an inconsistency between these Terms and Conditions and the kp.org privacy practices, these Terms and Conditions shall govern.
In consideration of being allowed to use kp.org 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 “Act for a Family Member” feature on this Web Site)
- 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 e-mail addresses,
- intentionally distributing viruses or other harmful computer code. 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 Web site due to any act that would constitute a violation of these Terms and Conditions.
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.
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 the Kaiser Permanente or its licensors and is protected by United States and international copyright laws. The 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 the 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 the Kaiser Permanente. Content and features are subject to change or termination without notice in the editorial discretion of the 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 ISG, 5820 Owens Drive, Building E-2, Pleasanton, CA 94588
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.