Overview

The following terms and conditions (“Terms”) govern your use of the Kaiser Permanente Total Health Videos website and associated content (the Video Portal”). Within these Terms, the term “Kaiser Permanente” or “we” will refer to Kaiser Foundation Health Plan, Inc. The term “you” refers to you as a user.

Purpose

 

Kaiser Permanente provides the Kaiser Permanente Video Portal to allow individuals (including Kaiser Permanente members and nonmembers) to view engaging, clinically-relevant health and wellness information across a range of clinical topics. The information provided by this Video Portal 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 professionals 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 viewed, heard or read in this Video Portal.

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

 

Privacy

These Privacy terms relate solely to the Video Portal and to information collected from you during your use of the Video Portal.

While you are using the Video Portal, information about your usage, such as which videos you viewed and the average time you spent in the Video Portal, will be collected by Kaiser Permanente. This information will be captured in de-identified form, aggregated with other usage data, for data analytics purposes, including improvement of the Video Portal. This de-identified information may also be shared with participating pilot groups or other third parties. You cannot opt out of this monitoring or subsequent disclosures of de-identified usage data. Your only remedy is not to visit this website again. Please note that any de-identified, aggregate data collected prior to termination of visit will not be deleted and may be shared with Kaiser Permanente and other third parties for data analytics purposes consistent with these Terms.

The Video Portal does not support tracking of users by other parties over time and across third-party sites; however, the Video Portal does not respond to “Do Not Track” signals.

Agreement

BY USING THE VIDEO PORTAL, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OR VIEW THIS VIDEO PORTAL.

Revisions, changes, and updates

Kaiser Permanente may revise the information in the Video Portal or otherwise change or update the Video Portal, including these Terms, without notice to you. Kaiser Permanente may also make improvements and/or changes in the information or features or other content provided in the Video Portal or add new features at any time without notice. We encourage you to periodically read these Terms to see if there have been any changes to our policies that may affect you. Your continued use of the Video Portal will signify your continued agreement to these Terms as they may be revised. Without limiting the foregoing, Kaiser Permanente also reserves the right to discontinue the Video Portal or any features, functionalities, or services offered through the Video Portal at any time, in its sole discretion. Access, correction, and data integrity.

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

Prohibited Uses

You agree that your use of the Video Portal shall be in compliance with all applicable laws, rules, and regulations. Without limiting the foregoing, you specifically agree not to engage in any of the following conduct (collectively “Prohibited Uses”):

  • sell, rent, resell, lease or sublicense the Video Portal to third parties (e.g., by way of a service bureau);
  • engage in the systematic retrieval of data or other content from the Video Portal, or attempt to create or compile, directly or indirectly, a collection, compilation, database or directory, without our prior written consent;
  • capture, download, or otherwise create a copy of any content that is shown on the Video Portal without obtaining any required permission of the content owner;
  • attempt to reverse engineer or access the source code of the Video Portal or platform supporting the Video Portal;
  • take any steps to disrupt the proper functioning of the Video Portal or others’ access to same, including any attempts to distribute any viruses or other malware; and
  • attempt to or actually circumvent any method used to control access to the Video Portal.

We may revoke your ability to view the Video Portal in the event you engage in any of the above Prohibited Uses.

In addition, you agree to indemnify Kaiser Permanente and its licensors (including Comcast) from and against any claims, losses, liabilities or damages that may result from you engaging in any of the above Prohibited Uses. You represent and warrant that you are over the age of 18. It is your responsibility to make sure that Video Portal content is viewed only by those household members for whom it is appropriate. You agree will be responsible for any breach of these Terms

Right to Terminate Access

Kaiser Permanente expressly reserves the right, in its sole discretion, to terminate a user’s access to the Video Portal due to any act that would constitute a violation of these Terms. Feedback
Kaiser Permanente welcomes your feedback about the Video Portal. Any communications you send to Kaiser Permanente (or its vendors) are deemed to be submitted on a non-confidential basis, and shall be deemed the property of Kaiser Permanente and its vendors. Kaiser Permanente and its vendors may, in their sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any of these communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of the communications and without liability to that person.

Disclaimer

THIS VIDEO PORTAL AND ITS CONTENT AND ALL VIDEO PORTAL-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 VIDEO PORTAL, ALL VIDEO PORTAL-RELATED SERVICES, AND THIRD PARTY VIDEO PORTALS OR 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 IN THIS VIDEO PORTAL 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 ON THIS VIDEO PORTAL (INCLUDING COMCAST) 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 VIDEO PORTAL, VIDEO PORTAL-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE VIDEO PORTAL, AND/OR ANY THIRD PARTY VIDEO PORTAL OR 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 VIDEO PORTAL, VIDEO PORTAL-RELATED SERVICES, AND/OR THIRD PARTY VIDEO PORTALS OR WEB SITES IS TO STOP USING THE VIDEO PORTAL 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 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.

Copyrights

Except as otherwise indicated, all content on this Video Portal, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, content, information 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 a single copy of the material on the Video Portal solely for your personal, noncommercial use.

The compilation of all content on this Video Portal 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 Video Portal by entities other than Kaiser Permanente, on any other Video Portal, Web site or networked computer environment for any purpose is prohibited. Trademarks used or displayed in the Video Portal are owned by Kaiser Permanente or the applicable supplier.

Any rights not expressly granted by these Terms 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 Video Portal 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: Chris J. Stenzel
Address: 1800 Harrison St, Oakland CA 94612
Phone: 510-625-4001
E-mail: totalhealthvideos@kp.org
(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

“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 Websites or KP Mobile Video Portal through use of the ™, ℠, or ® symbols. Users of the Websites or KP Mobile Video Portal 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. Copyright © 1995 to 2018 Kaiser Permanente. All rights reserved for all countries.

Last updated: November 1, 2017