Terms and Conditions – Kaiser Permanente Hawaii

Purpose

Kaiser Foundation Health Plan, Inc. provides the Hawaii Aesthetic Center website to provide information related to surgical procedures and non-surgical techniques to enhance personal appearance. These services are available to the general public.

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.

Any personal information you submit to the Websites (for yourself or someone else) is governed by our Website Privacy Statement. (A link to our privacy practices is available at the bottom of each page on our Website)

Breaches of these Terms and Conditions

You agree that the following actions shall constitute a material breach of these Terms and Conditions:

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
collecting information about others, including email addresses
intentionally distributing viruses or other harmful computer code
“Jailbreaking” the operating system of a mobile device using the KP Mobile Application

To the extent there is an inconsistency between these Terms and Conditions and the Website Privacy Statement, these Terms and Conditions shall govern.

Use by children

We do not knowingly allow Kaiser Permanente members under the age of 13 to use this website.

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 email at: HI.TACPlastics@kp.org

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. Kaiser Permanente may also make improvements and/or changes in products and/or services described on the Website 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 Website will signify your continued agreement to these Terms and Conditions as they may be revised.

Disclaimer and Limitation of liability

Disclaimer of Warranties

THE WEBSITES, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES 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. YOUR USE OF THE WEBSITES IS VOLUNTARY, AND AT YOUR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITES DO 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, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE WEBSITES 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 WEBSITES, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES, 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 WEBSITES, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE WEBSITES, 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, all content on the Website, 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 website solely for your personal, noncommercial use.

The compilation of all content on the Website 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 the Website 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 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 https://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: HI-AC Website Team Email: HI.TACPlastics@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 the Website through use of the TM, SM, or ® symbols. Users of the Website 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.

Last updated: May 11, 2018
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