Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “CONDITIONS”) CAREFULLY BEFORE USING THIS SITE.

SUMMARY OF IMPORTANT LEGAL INFORMATION

This Web site, www.HMAA.com, (hereinafter referred to as “Site” except where clarified otherwise) is a product of, and provided by Hawaii Medical Assurance Association (“HMAA”). All use of the Site is subject to the Terms and Conditions set forth below.

By entering and using the Site, you acknowledge that you have read and understood such Terms and Conditions and that you agree to abide by them. Also, you agree that HMAA 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 HMAA.

Health information provided on the Site is designed for educational purposes only. It is intended to supplement, not to replace, consultation with a physician. You should not use information from the Site to diagnose or treat a health problem or disease. HMAA encourages you to consult your health care provider with any questions or concerns you may have regarding your condition.

HMAA 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 HMAA.

TERMS AND CONDITIONS

HMAA may revise and update these terms and conditions at any time. Please periodically review the terms and conditions posted at the Site because your continued usage of the Site will mean that you accept those changes.

Section 1. 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 PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE! IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Section 2. General Information About the Site

Our Staff. Our staff may include health care professionals, but none of our health care professionals, if any, will enter into a patient relationship with you. 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 Business Associates. HMAA has agreements with various entities, which we call our “business associates” to provide services in connection with our health care program. Our relationships with business associates are based on the type of service they are to provide.

Your Information. Although you may provide individually identifiable health information on this Site, the information is not a medical record, and is not, under the HIPAA Privacy Rule, considered information we maintain in a designated record set. Such information, however, will be treated as protected health information, as discussed in the HMAA’s NOTICE OF PRIVACY PRACTICES and the HMAA.COM WEB SITE PRIVACY STATEMENT.

While HMAA attempts to prevent unauthorized persons from accessing our files or tampering with our Site, we cannot guarantee that these efforts will always be successful.

HMAA shall have the right to use any questions, comments, or other information submitted by users — without individual identifiers — in books, article, commentaries, research or similar ways.

Our Information. HMAA strives to be a valuable resource of timely information for our users. We cannot ensure that information we provide is exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. This information is of a general nature, and we urge you to review it with your personal physician. Users should never delay, ignore, or fail to obtain medical advice based on information obtained from the Site.

Information from Others. The Site may include or provide links to other web sites on the Internet including, but not limited to, links to our business associates’ Web pages. These other web sites may provide opinions, recommendations or other information from various individuals, organizations or companies.

IN PROVIDING SUCH LINKS, HMAA DOES NOT INVESTIGATE THE CONTENT OF SUCH INFORMATION. HMAA DOES NOT ENDORSE, GUARANTEE OR WARRANT THE ACCURACY OF SUCH INFORMATION OR NECESSARILY SUBSCRIBE TO ANY SUCH OPINIONS OR RECOMMENDATIONS. FURTHER, TO THE EXTENT THAT YOU MAKE USE OF ANY LINK TO ANY OTHER WEB SITE ON THE INTERNET, THE DISCLOSURE, REPRODUCTION, SALE OR DISTRIBUTION OF INFORMATION CONTAINED THEREON MAY BE PROHIBITED. YOUR USE OF THIRD-PARTY WEB SITES IS SUBJECT TO THE TERMS OF USE FOR SUCH SITES. IF YOU DECIDE TO ACCESS THIRD-PARTY WEB SITES THAT ARE LINKED TO THIS SITE, YOU DO SO AT YOUR OWN RISK.

Subsequent Acquisition. In the unlikely event that HMAA is acquired, our databases (which may contain your protected health information) will be among the transferred assets.

Section 3. Restrictions on the Use of the Site

Copyright and Trademarks. The name “HMAA,” and associated logos are proprietary trademarks and service marks of HMAA.

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 HMAA retains all right, title and interest in and to the Content, all copies thereof, and all copyrights and other proprietary rights therein.

Upon acceptance of these Conditions, HMAA 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 HMAA.

Links to Other Sites. The Site contains links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement or recommendation by HMAA of the content on such third-party Web sites or as an indication of any affiliation, sponsorship or endorsement of or by such third-party Web sites. HMAA 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 Web sites. Your use of third-party Web sites is subject to the terms of use for such sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Although HMAA endeavors to warn users when they click on a link to a third-party Web site that they are leaving www.HMAA.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 Web sites associated with HMAA and its affiliated products and companies endeavor to warn users when they click on a link to another HMAA-affiliated Web site or to third-party sites. HMAA does not guarantee that you will receive such an alert. For example, www.islandscene.com may not provide you with an alert when you link to another Web site.

Children’s Information. Although parents are free to seek information available on the Site concerning the health of their children, no person under 18 years old is permitted to use the Site. HMAA does not direct this Site to children under the age of 18 years or knowingly collect personal information from children under 18. 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/she is an adult over 18 years old. We would be pleased to work with parents and guardians to delete from our records personal information a child may improperly disclose.

Indemnification. You agree to defend, indemnify and hold HMAA, 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 Conditions.

Section 4. HMAA Privacy Policy

Privacy Practices. HMAA believes the privacy of individually identifiable information is important, and we use and disclose individually identifiable information in accordance with the HMAA’s NOTICE OF PRIVACY PRACTICES and the HMAA.COM WEB SITE PRIVACY STATEMENT.

Encryption Technology. The Web site www.HMAA.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 www.HMAA.com.

Links to Other Sites. Users will find other content on the Site that enables linking to the sites of our Sponsors and other third parties. These third-party sites may have their own privacy policies or no policy at all. The HMAA’s NOTICE OF PRIVACY PRACTICES and the HMAA.COM WEB SITE PRIVACY STATEMENT does not apply to such other sites. HMAA 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 5. Disclaimers And Other Information

INFORMATION SUPPLIED BY HMAA IS PROVIDED “AS IS,” AND NEITHER HMAA 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 HMAA WEB SITES 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 HMAA 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 HMAA. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF HMAA.

HMAA does not make any representation or warranty concerning 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.

Please do not send personal medical questions to the Site. With respect to other communications to the Site, HMAA does not guarantee that it will respond to all inquiries.

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.

Any notice to HMAA shall be given in writing and sent by certified and registered mail to HMAA, 737 Bishop St, Suite 1200, Honolulu, HI 96813, Attn: Compliance Department.

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 HMAA shall be governed by the laws of the United States of America and the state of Hawaii. 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 brought exclusively in the First Circuit Court, State of Hawaii, and you hereby expressly consent to the exercise of jurisdiction over you by such courts.

YOU HEREBY ACKNOWLEDGE 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.

HMAA MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.