The HMSA Foundation web site is published by the HMSA Foundation, which is an affiliate of the Hawaii Medical Service Association (HMSA), an independent licensee of the Blue Cross Blue Shield Association. The following Terms and Conditions of Use constitute a binding agreement between you the HMSA Foundation for your use of this Internet Web Site. Use of this Web site signifies your agreement to the terms and conditions of use set forth below. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Web Site and should use your browser's "back" button to exit the Web Site.
The HMSA Foundation reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Terms and Conditions of Use, in whole or in part, at any time. Notification of changes in the Terms and Conditions of Use will be posted on the Web Site.
Certain legal documents are made available on the Web Site. Although the HMSA Foundation attempts to ensure that the legal documents are accurate and up-to-date, the HMSA Foundation is not responsible for any errors or omissions that may occur in those legal documents. You should check with the original government source of those documents to confirm their accuracy or consult your own attorneys or other professional counselors if you have any questions.
We may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database, or content. The HMSA Foundation may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. We reserve the right to make changes, corrections, and improvements to the Web Site, and to the products and programs described in the Web Site, at any time without notice.
The Web Site may contain inaccuracies or typographical errors or omissions. We regret any such errors, but will not be bound by any such errors. We do not guarantee or warrant the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We recommend that you consult your own legal and health care professional advisors. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Web Site.
This Web site contains links to sites external to the HMSA Foundation’s Web site. The HMSA Foundation disclaims any and all responsibility for content contained in any third party materials provided through links from the Web Site. The linked sites are not under the control of the HMSA Foundation or HMSA, and the HMSA Foundation is not responsible for the contents of any linked site or any link contained in a linked site. The HMSA Foundation is providing these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by the HMSA Foundation.
Disclaimer; Limitation of Liability
We do not accept unsolicited materials or ideas for use or publication in the HMSA Foundation’s publications, the Web Site, or other digital and electronic media (except in connection with forums, chat rooms, and bulletin boards on the Web Site). The HMSA Foundation shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Web Site.
You acknowledge that transmissions to and from this Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the HMSA Foundation, no confidential, fiduciary, contractually implied or other relationship is created between you and the HMSA Foundation other than pursuant to this Agreement.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE HMSA FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE HMSA FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE HMSA FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HMSA FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER THE HMSA FOUNDATION, ITS SUBSIDIARIES, OR AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER THE HMSA FOUNDATION, ITS SUBSIDIARIES OR AFFILIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE WEB SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF ANY SUCH INFORMATION.
The Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Web Site are only for your personal, non-commercial use. Many of the materials contained on the Web Site are protected by copyright, and are owned or controlled by the HMSA Foundation, or the party credited as the provider of the Content. You agree you will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Web Site. You may download and make one (1) copy of the Content and other downloadable items displayed on this Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the HMSA Foundation, or the copyright holder identified in the individual Content's copyright notice.
You acknowledge that the Web Site may include certain trademarks and service marks owned by the HMSA Foundation, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright, or other notice from any copies of the Content.
We respect the rights of all copyright holders and in this regard, the HMSA Foundation has adopted and implemented a policy that provides for the termination in appropriate circumstances of the privileges of users, subscribers, or 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 the HMSA Foundation'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. ¤ 512:
The HMSA Foundation's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
- 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.
Attn: Meryam Leong
818 Keeaumoku Street
Honolulu, HI 96808
Phone: (808) 948-5585
Fax: (808) 948-6860
For any questions or requests other than copyright issues, please Contact Us.
Your privacy is very important to us. The HMSA Foundation recognizes that visitors to our site may be concerned about the information they provide to us, and how we treat this information. We do not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. This means we do not require you to register or provide information to us in order to view our site.
The information we receive depends on what you do when you visit our site. The HMSA Foundation only gathers personally identifiable data, such as names, addresses, zip codes, e-mail addresses, etc, when voluntarily submitted by a visitor. For example, personally identifiable information may be collected if you would like the Foundation to mail some materials to you. This information is used solely by the HMSA Foundation or other entities that are involved in the operation of this site for internal purposes. HMSA Foundation lists are never sold, rented, shared or otherwise willfully disclosed to third parties. We will only share personally identifiable information with third parties when the person submitting the information authorizes us to share it or if we are required by law to do so.
THIS TERMS AND CONDITIONS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS AND CONDITIONS OF USE SHALL BE ARBITRATION OR AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF HAWAII.
This Terms and Conditions of Use and the associated Privacy Statement constitute the entire agreement between the HMSA Foundation and you with respect to your use of the Web Site. Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions of Use, and the remainder of this Terms and Conditions of Use shall continue in full force and effect.