Terms of Use
Introduction
Kaiser Permanente ("Kaiser") has contracted with Retail Insights, LLC ("Retail Insights") to host the kpbidconnect application. These terms and conditions govern your use of kpbidconnect; by using kpbidconnect, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use kpbidconnect.
License to use website
Unless otherwise stated, Retail Insights and/or its licensors own the intellectual property rights in the website and material on the website other than data submitted by user and its organization which will be the sole property of Kaiser. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your organization's use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Where content is specifically made available for re-distribution, it may only be re-distributed within your organization.
Restricted Access
Users may only access the kpbidconnect environment on this website. Access to other areas of this website is restricted. Retail Insights reserves the right to restrict access to other areas of this website, or indeed this entire website, at Retail Insights discretion.
If Kaiser provides you with a user ID and password to enable you to access kpbidconnect, you must ensure that the user ID and password are kept confidential. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your kpbidconnect password or account. It is your sole responsibility to (1) control the disclosure and use of user ID, password, or any activation codes or password reset codes; (2) authorize, monitor, and control access to and use of your kpbidconnect password or account; and (3) promptly change your password if you feel it has become compromised; and (4) promptly inform the website manager of any need to deactivate an account entirely.
Breaches of these Terms of Use
In consideration of being allowed to use kpbidconnect, you agree that the following actions shall constitute a material breach of these Terms of Use:
- Using this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
- Using this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
- Conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Kaiser's or Retail Insights' express written consent
- Using this website to transmit or send unsolicited commercial communications
- Using this website for any purposes related to marketing without Kaiser's or Retail Insights express written consent
Kaiser expressly reserves the right, in its sole discretion, to terminate a user's access to any or all other areas of kpbidconnect due to any act that would constitute a violation of these Terms and Conditions.
Data
In these terms and conditions, an organization's data includes, without limitation, drug pricing information that you submit to kpbidconnect ("Data"). Kaiser may use the Data for its business purposes, including evaluating the organization's bid to sell drug and related products to Kaiser. Retail Insights shall not have access to, and is not permitted to use or disclose the Data.
The Data must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you, Kaiser or Retail Insights or a third party (in each case under any applicable law). You must not submit any Data to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.No Warranties
kpbidconnect is provided "as is" without any representations or warranties, express or implied. Neither Kaiser nor Retail Insights makes any representations or warranties in relation to kpbidconnect, the security of Data, or the information and materials provided on this website.
Notwithstanding anything to the contrary herein, in no event is Kaiser responsible or liable to a user, organization or any third party, for any security or other breach of Retail Insights' systems in general, kpbidconnect in particular, Data breaches and/or disclosure of Data.
Without prejudice to the generality of the foregoing paragraph, neither Kaiser nor Retail Insights warrants that:
- kpbidconnect will be constantly available, or available at all
- the information on this website is complete, true, accurate or non-misleading
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Neither Kaiser Permanente nor any of its affiliates, and Retail Insights will be liable to you or your organization whether under the laws of contracts, torts or otherwise in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss
- for any indirect, special or consequential loss
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Kaiser or Retail Insights has been expressly advised of the potential loss. Your sole remedy for dissatisfaction with kpbidconnect or any related services is to stop using kpbidconnect.
Exceptions
Nothing in the above website disclaimer or limitations of liability will exclude or limit any warranty implied by applicable law that it would be unlawful to exclude or limit; and you may be entitled to seek other remedies under another other agreement with Kaiser or Retail Insights. In such case, the above disclaimers, limitations or exclusions may not apply to you.
Reasonableness
By using kpbidconnect, you agree that the exclusions and limitations of liability set out in the above website disclaimers and limitations of liability are reasonable.
If you do not think they are reasonable, you must not use kpbidconnect.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Changes to Terms and Conditions
Kaiser and Retail Insights may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Retail Insights may transfer, sub-contract or otherwise deal with Retail Insights rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you, Kaiser and Retail Insights, LLC in relation to your use of this website to submit Data and to receive the notification from Kaiser of an award of business based on the Data; provided that award of a bid to an organization and the terms and conditions of the supply and purchase of drug products shall be governed by the terms of organization's existing agreements with Kaiser and not the terms of this website.
Governing Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with California and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the Federal courts of California.
Contact
You can contact Kaiser by email to support@kpbidconnect.com