Section 1. General Information About the Site
Health information provided on the Site is intended to be informative, not to replace consultation with a health care provider. You should not use information from the Site to diagnose or treat a health problem or disease. HMSA encourages you to consult your health care provider with any questions or concerns you may have regarding your condition.
HMSA and its affiliates and respective licensors retain all copyrights and other proprietary rights in or relating to any content, including any software, provided on the Site. Except for downloading and printing a small number of copies of the content for your personal use only, you may not sell, transfer, reproduce, transmit, distribute, perform, or display such content without the express consent of HMSA.
Section 2. Disclaimer: No Medical Advice
THE CONTENT ON THE SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. DO NOT RELY ON THE CONTENT OF THE SITE OR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
Please do not send personal medical questions or any information other than requested on the designed screens to HMSA via the Site. If you choose to do so, HMSA does not guarantee that it will respond or act upon those messages.
Section 3. General Information About HMSA
Our Staff. The information you obtain from the Site should not substitute for or be used instead of a relationship with a health care professional. All users are encouraged to seek the advice of, and regularly consult with, physicians and other health care professionals of their selection.
Our staff also may include other medical practitioners including, without limitation, pharmacists, nutritionists, nurses, nurse practitioners, and other health care professionals. None of these health care professionals will provide health care services to you via the Site, and they should not be considered to be in a clinical or treatment relationship with you.
We will not request or accept payment from you and will not bill any insurance company, government payment program, or other source of health benefits for your use of the Site.
Our Business Associates. HMSA has agreements with various entities, which we call our "Business Associates," to provide services in connection HMSA’s programs. Our relationships with Business Associates are based on the type of service they are to provide.
Information. HMSA strives to be a valuable resource of timely information for our users. We cannot ensure that information we provide is exhaustive or complete or that it will necessarily include all of the most recent information available. You should contact HMSA at the address provided below if you have any concerns regarding the accuracy or timeliness of benefits or other information displayed on, or received from, this Site.
Subsequent Acquisition. In the unlikely event that HMSA is acquired, our databases (which may contain your protected health information) will be among the transferred assets.
Section 4. Your Use of the Site
Copyright and Trademarks. The name "HMSA," "Blue Cross Blue Shield of Hawaii," and associated logos are proprietary trademarks and service marks of HMSA and/or the Blue Cross and Blue Shield Association.
The contents of the Site, including but not limited to text, graphics, images, and software ("Content"), are protected by copyright under both United States and foreign laws, and HMSA retains all rights, titles, and interests in and to the Content; all copies thereof; and all copyrights and other proprietary rights therein.
Your Comments. HMSA shall have the right to use any questions, comments, or other information submitted by users – without individual identifiers – in books, articles, commentaries, research, or similar ways. Also, you agree that HMSA may use information that you supply through the Site for the purpose of providing you personalized health information on the Site and in connection with services provided to you by HMSA.
Children’s Information. No person under 18 years old is permitted to use the Site. Adults should not assist minors in accessing the Site. When users enter personal information on our Site, the user is representing to us that he or she is an adult over 18 years old. We would be pleased to work with parents and guardians to deactivate an online account that a child under the age of 18 might have improperly established. Please contact us at email@example.com.
Electronic Records. You may agree to the use of electronic signatures, contracts, and records, and electronic delivery of notices, policies, and records of your transactions with HMSA, through the Site. You also have the option to have certain records of your transaction provided or made available to you in paper or nonelectronic form. If you would like to obtain a paper copy of an electronic record, please contact HMSA and we will provide you with a copy. You also may withdraw your consent to have records made available in an electronic form by contacting HMSA as set out below and indicating your preference to receive records in paper form.
Accordingly, you agree that by posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Public Communications") to Well-Being Hawaii, you hereby grant to HMSA and HMSA a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Public Communications, in any media now known or hereafter developed. You hereby waive all rights to any claim against HMSA or HMSA for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Public Communications. You also agree to indemnify and hold HMSA harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of your Public Communications. You further grant HMSA the right to use your name in connection with the reproduction or distribution of your Public Communications.
You acknowledge that transmissions to and from Well-Being Hawaii are not confidential and your Public Communications may be read or intercepted by others. You acknowledge that by submitting Public Communications to Well-Being Hawaii, no confidential, fiduciary, contractually implied or other relationship is created between you and HMSA other than pursuant to this Agreement.
Well-Being Hawaii wants to encourage an open exchange of information and ideas. But we cannot and do not review every posting made in the blog site, forums, and other public posting areas. You may well read any given posting before anyone on Well-Being Hawaii staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than HMSA. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted in the chat rooms, forums, and other public posting areas on Well-Being Hawaii lies with each user – you alone are responsible for Public Communications you post. By using Well-Being Hawaii you agree not to post or transmit any defamatory, abusive, obscene, threatening, knowingly-inaccurate or illegal material, or any other material that infringes on the ability of others to enjoy and benefit from Well-Being Hawaii or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
Although Well-Being Hawaii cannot monitor all the postings in the chat rooms, forums, and other public areas, we reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review private electronic messages that are not addressed to Well-Being Hawaii. However, we will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies.
Well-Being Hawaii expects that you will not use the service to violate anyone's copyright, trademark, or other intellectual property rights. By submitting material in your Public Comments to Well-Being Hawaii, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark, or other intellectual property rights.
No soliciting. You agree not to use Well-Being Hawaii to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
No spamming. From time to time, users may post their e-mail addresses in our chat rooms, forums, and other public posting areas. You agree not to gather these e-mail addresses for purposes of spamming.
Section 6. Copyright Infringement Claims
We respect the rights of all copyright holders and in this regard, HMSA has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HMSA's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HMSA's Copyright Agent for notice of claims of copyright infringement on or regarding this site, or for other claims involving alleged intellectual property infringement, can be reached as follows:
Attn: Jennifer Walker
818 Keeaumoku Street
Honolulu, HI 96814
Phone: (808) 948-5110
Fax: (808) 948-8203
For any questions or requests other than copyright issues, please contact Moani Wright-Van Alst, firstname.lastname@example.org.
Section 7. Third Parties and External Links
The Site may include or provide links to other websites on the Internet including, but not limited to, links to our Business Associates’ Web pages. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies.
Although HMSA endeavors to warn users when they click on a link to a third-party website that they are leaving HMSA.com, we do not guarantee that you will receive such an alert. It is your responsibility to determine when you have left this Site. Only some of the websites associated with HMSA and its affiliated products and companies endeavor to warn users when they click on a link to another HMSA-affiliated website or to third-party sites. HMSA does not guarantee that you will receive such an alert.
While HMSA attempts to prevent unauthorized persons from accessing our files or tampering with our Site, we cannot guarantee that these efforts will always be successful.
Encryption Technology. The website HMSA.com uses Secure Socket Layer ("SSL") encryption technology to enhance data privacy and help prevent loss, misuse, or alteration of the information under our control. This encryption technology, however, does not absolutely guarantee or safeguard the total privacy of user information that has been voluntarily disclosed to HMSA.com.
Section 9. Disclaimers And Other Information
INFORMATION SUPPLIED BY HMSA IS PROVIDED "AS IS," AND NEITHER HMSA NOR ANY OF ITS OWNERS, STAFF, BUSINESS ASSOCIATES, OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THE SITE AND RELATED HMSA WEBSITES OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES, OR REPRESENTATIVES, AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION, OR PURPOSE.
BY ENTERING THE SITE, YOU HEREBY EXPRESSLY AGREE THAT HMSA AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND BUSINESS ASSOCIATES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, OR DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, AS A RESULT OF YOUR USE OF THE SITE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH HMSA. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF HMSA.
HMSA does not make any representation or warranty that there will be no errors, omissions, delays, or other defects in the information supplied to users, or that its files are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
If any clause or provision set forth above is determined to be illegal, invalid, or unenforceable under present or future law, then, in that event, the clause or provision so determined to be illegal, invalid, or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
Notice to HMSA. Unless otherwise specified here, any notice to HMSA shall be given in writing and sent by certified and registered mail to HMSA, P.O Box. 860, Honolulu, HI 96808-0860, Attn: Legal Services Department.
Questions regarding HMSA’s privacy practices should be directed to email@example.com.
Arbitration, Jurisdiction, and Choice of Laws. The application of these provisions, disclosures, and disclaimers and all other matters arising from your use of this Site or of any information you obtain from HMSA shall be governed by the laws of the United States of America and the state of Hawaii. You agree that any claims, disputes, or other controversies relating to or arising from these provisions, disclosures, and disclaimers or from your use of this Site or any information you receive from the Site shall be resolved by binding arbitration. Before arbitration actually starts, both parties (you and HMSA) must agree on one arbitrator who will review the positions of both parties and make the final decision to resolve the disagreement. If we both cannot agree within thirty (30) calendar days of your request for arbitration, either party may ask any court of competent jurisdiction in Honolulu, Hawaii, to appoint an arbitrator. The arbitration hearing shall be in Honolulu, Hawaii. The arbitration shall be conducted in accord with the Federal Arbitration Act, 9 U.S.C. 1 et seq., and such other arbitration rules as both parties agree upon. HMSA will pay the arbitrator’s fees. You must pay your attorneys’ and witness’ fees, if you have any, and HMSA must pay for ours. The arbitrator will decide who will pay all other costs of the arbitration. The decision of the arbitrator shall be final and binding on you and HMSA and no action may be brought in any court in connection with the decision except as provided under the Federal Arbitration Act.
YOU AFFIRM THAT THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS, OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
HMSA MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES, OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.