Well-Being Hawaii Terms of Use

Welcome to HMSA’s blog site, wellbeinghi.com (the "Site"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By entering and using the Site, you affirm that you have read and understood these Terms of Use and that you agree to abide by them. If you do not agree to abide by the Terms of Use, you may not enter, access, or otherwise use this Site.

Please note that the Terms of Use for Well-Being Hawaii SITE are different from those for HMSA.COM. Information provided to HMSA’s website HMSA.COM if governed by HMSA’s Notice of Privacy Practices and the HMSA.com Privacy Statement1. The privacy policy for wellbeinghi.com is different, however. Please be sure you understand the difference.

In particular, Public Communications (as discussed below) that you submit to Well-Being Hawaii are intended by you to be public comments, and are subject to the the terms of use that specifically apply to Well-Being Hawaii set out below. Public Communications are NOT subject to HMSA’s Notice of Privacy Practices and the HMSA.com Privacy Statement1. Public Communications are not private; they are by their very nature public.


Section 1. General Information About the Site

The Site is a product of, and provided by, the HAWAI‘I MEDICAL SERVICE ASSOCIATION ("HMSA"), an independent licensee of the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield plans. All use of the Site is subject to the Terms of Use set forth here.

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.

HMSA may revise and update these Terms of Use at any time. Please periodically review the Terms of Use posted on the Site because your continued use of the Site will mean that you accept those changes.


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.

The Site provides links to HMSA’s Online Care website, which does offer health care services. These Terms of Use do NOT apply to HMSA’s Online Care website. Please review the Terms of Use for HMSA’s Online Care website if you wish to use those services.

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.

Upon acceptance of these Terms of Use, HMSA authorizes you to view, download, and print a small number of copies of the material on the Site solely for your personal, noncommercial use. You may not modify, sell, assign, or transfer the Content, or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or otherwise except as expressly permitted herein. You may not reverse-engineer, disassemble, or decompile any software included in the Content. Content is subject to change without notice at the editorial discretion of HMSA.

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.

You and other users may occasionally make comments on the HMSA BLOG SITE. You must have a Facebook account to post comments on Well-Being Hawaii and must adhere to all of Facebook’s Terms of Use. These comments are intended to be public comments (called “Public Communications” here), and are treated differently from other information you may supply to our website HMSA.COM. Please read the terms of use that specifically apply to the Well-Being Hawaii below.

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 webmaster@hmsa.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.

To access and retain your electronic records, you must have a computer capable of reading text files, Internet access, and a browser capable of accessing and displaying Web pages. If the requirements change for the hardware or software you need to access or retain your electronic records pertaining to your transactions with HMSA on the Site, we will provide you, at the electronic contact you last provided to HMSA or by posting here in revised Terms of Use, with a statement describing the revised requirements for access to and retention of the electronic records. If these revised requirements aren’t acceptable to you, you may withdraw your consent to receive electronic records without the imposition of any fees for withdrawal or of any conditions or consequences not already disclosed in this notice.


Section 5. Terms of Use for Well-Being Hawaii

You and other users may occasionally make comments on the HMSA BLOG SITE. You must have a Facebook account to post comments on Well-Being Hawaii and must adhere to all of Facebook’s Terms of Use. These comments are intended to be public comments, and are treated differently from other information you may supply thought the Site. All material you submit to any of our chat rooms, forums, and other public posting areas becomes public information and becomes licensed to HMSA and may be reproduced, modified, and distributed as we see fit in any medium and for any purpose.

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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. 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
  6. 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:
Copyright Agent
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, wellbeinghi@hmsa.com.


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.

Links to third-party websites are provided solely as a convenience to you and not as an endorsement or recommendation by HMSA of the content on such third-party websites, or as an indication of any affiliation, sponsorship, or endorsement of or by such third-party websites. HMSA is not responsible for the content of linked third-party sites and does not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such third-party websites. To the extent that you make use of any link to any other website on the Internet, the disclosure, reproduction, sale, or distribution of information contained on those sites may be prohibited. Your use of third-party websites is subject to the terms of use for such sites. If you decide to access third-party websites that are linked to this site, you do so at your own risk.

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.


Section 8. HMSA’s Privacy Policy

Your Information. Information provided to HMSA’s website HMSA.COM is governed by HMSA’s Notice of Privacy Practices and the HMSA.com Privacy Statement1. The privacy policy for Well-Being Hawaii is different, however. Please be sure you understand the difference.

Public Communications that you submit to the Well-Being Hawaii are intended by you to be public comments, and are subject to these terms of use that specifically apply to Well-Being Hawaii above. Public Communications are NOT subject to HMSA’s Notice of Privacy Practices and the HMSA.com Privacy Statement1. Public Communications are not private; they are by their very nature public.

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.

Privacy Policy of Other Sites. Users may find content on the Site that enables linking to the sites of our Business Associates and other third parties. These third-party sites may have their own privacy policies or no policy at all. The HMSA.com Privacy Statement1 and HMSA’s Notice of Privacy Practices do not apply to such other sites. HMSA has no control over the content displayed on such sites, nor over the measures, if any, that are taken by such sites to protect the privacy of user information.


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 webmaster@hmsa.com.

Indemnification. You agree to defend, indemnify, and hold HMSA, its officers, directors, employees, agents, licensors, business associates, and suppliers, harmless from and against any claims, actions, or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees resulting from or alleged to result from your use of the Site in a manner that violates or is alleged to violate these Terms of Use or applicable law. 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.

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.

Relationship of Parties. You acknowledge that HMSA is an independent plan operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield plans ("Association") permitting HMSA to use the Blue Cross and Blue Shield service mark in the state of Hawaii, and that HMSA is not contracting as the agent of the Association. None of the provisions of this Agreement are intended to create, nor shall be deemed as construed to create, any relationship between the parties to this Agreement other than that of parties contracting with each other solely for the purpose of affecting the provisions of these Terms of Use.

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.