Terms and Conditions for infoZone Website (the “Terms and Conditions”)

Purpose

Kaiser Permanente (or “Kaiser” or “KP”) provides a website, infozone.kp.org a content management website related to facilities projects and management, which may be accessed through a mobile web browser or on the KP network (such website referred to as “infoZone” herein). infoZone allows users to:

View and download KP facilities management information.
View and download tools and templates, equipment and furniture specifications, floor plan layouts used for the planning, design, construction, furnishing, maintenance, operation and disposition of KP facilities, and/or other similar content, information and documents.

Agreement

BY USING OR SIGNING INTO INFOZONE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE INFOZONE. KAISER RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, AT ANY TIME AND FOR ANY REASON TO DENY YOU ACCESS TO INFOZONE OR TO ANY PORTION THEREOF, AND TO TERMINATE THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH THE TERMS SET FORTH HEREIN OR IF YOU CEASE TO HAVE A BUSINESS RELATIONSHIP WITH KAISER THAT REQUIRES YOU TO HAVE ACCESS TO INFOZONE.

License and license restrictions

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use infoZone solely, and only to the extent necessary, to fulfill the Purpose (defined below), conditioned on your continued acceptance of, and compliance with, these Terms and Conditions. “Purpose” means to fulfill, or to facilitate the fulfillment of, your contractual obligations to Kaiser under a facilities or facilities-related vendor contract for the sole benefit of Kaiser under such contract. You may use infoZone and the materials and information you obtain from it only in connection with your work for Kaiser solely for the Purpose. Use for any other purpose, including training seminars, must be approved in advance in writing by Kaiser.

Unless otherwise expressly stated in these Terms and Conditions or you receive Kaiser’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), infoZone, any of its content, or any portion thereof.

Confidentiality

Access to infoZone and use of its contents is restricted exclusively to persons who have been approved by Kaiser because they have a need to such access and use in order to fulfill the Purpose. By accessing infoZone, you agree to keep all materials, documents, information and content confidential. You agree not to disseminate or otherwise provide any such materials and information obtained from infoZone to any other person or entity. Prohibited dissemination and disclosure includes, but is not limited to, publishing or posting content to other websites or any listserves.

You must cease use of infoZone, destroy any materials you have already obtained from infoZone, and immediately notify Kaiser if you cease work for Kaiser that requires you to have access to infoZone.

Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Kaiser from and against all claims arising from or in any way related to your use of infoZone and any of its content, a violation by you of these Terms and Conditions, or any other actions connected with your use of infoZone and/or its content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. Kaiser will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Kaiser under any other section of these Terms and Conditions.

Passwords

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your infoZone 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 infoZone online account and password; and (3) promptly change your password if you feel it has become compromised; and (4) promptly inform the infoZone support team of any need to deactivate an account entirely.

To change your password, submit a password reset request via the infoZone support ticket link.

Breaches of these Terms and Conditions

In consideration of being allowed to access and use infoZone and its content, 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
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, not for the Purpose
intentionally distributing viruses or other harmful computer code
accessing or using infoZone and its content for any purpose other than for the authorized Purpose
using infoZone for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to infoZone
interfering with the proper working of infoZone including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design
interfering with any other person's use and enjoyment of infoZone.

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):

infoZone site & service updates
emergency alerts and critical messages (for example, if there is a scheduled or unscheduled outage of infoZone)
Bulletins describing regulatory, legal or policy changes that may impact KP work.

Access, correction, and data integrity

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

Revisions, changes, and updates

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

Links

infoZone may provide links to other websites that are not owned or controlled by Kaiser Permanente ("Third Party Websites"). infoZone may contain links to Third Party Websites as follows.

Kaiser Permanente provides links to Third Party Websites to connect you easily to additional sources of 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 products and services for our facilities. 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 infoZone 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 kp.org.

Kaiser Permanente 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 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

INFOZONE 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, ACCURACY OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ITS CONTENT, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEBSITES OR APPS. 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 INFOZONE 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 INFOZONE 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 INFOZONE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN INFOZONE, ANY APP TO WHICH YOU AUTHORIZE 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. YOUR SOLE REMEDY FOR DISSATISFACTION WITH INFOZONE, SITE-RELATED SERVICES, APPS, AND/OR THIRD PARTY WEBSITES IS TO STOP USING INFOZONE, APPS, 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.

Copyrights

Except as otherwise indicated, all content on infoZone, including, but not limited to, documents, diagrams, drawings, lists, 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 and/or other intellectual property right laws. Kaiser Permanente allows you to view or download a single copy of the material on the website solely for the Purpose.

The compilation of all content on infoZone 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 Websites 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 of infoZone, as well as the infoZone website itself, are subject to change or termination without notice in Kaiser’s sole discretion.

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 infoZone 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, 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: kp.org Copyright Compliance Department
Address: Kaiser Permanente DEC, 4460 Hacienda Drive, Building A, 3rd floor, Pleasanton, CA 94588
Fax: 1-925-737-2276
Phone: 1-925-598-2799
Email: ISG.QA-Compliance@kp.org

(This telephone number is for copyright-related complaints only. No solicitations. For member and website services, call 800-556-7677.)

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 infoZone through use of the TM, SM, or ® symbols. Users of infoZone 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: April 23, 2018
Version 1