Terms and Conditions

Purpose

Hawaii Permanente Medical Group (“HPMG”) administers the website at “ http://www.hawaiipermanente.com “. This website (the “Website”) allows our members and other users to view information related to HPMG services, locations, contact information, and other general-health matters.

The information provided on the Website is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.

If you think you have a medical or psychiatric emergency, call 911 or go to the nearest hospital.

 

Agreement

BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

 

Revisions, changes, and updates

We may revise the information on the Website or otherwise change or update the Website, including these Terms and Conditions, without notice to you. HPMG may also make improvements and/or changes in products and/or services described on the Website or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Website will signify your continued agreement to these Terms and Conditions as they may be revised.

 

Links

The Website provides links to other websites that are not owned or controlled by HPMG (“Third-Party Websites”). These include, but are not limited to websites administered by Kaiser Permanente and its affiliates. In each such instance, where practicable, we will let you know when you are leaving the Website and linking to a Third-Party Website. For example, we may include a notice advising you that you are being sent to a Third-Party Website on our web page adjacent to a link or on the first page that appears after clicking on a link.

HPMG is not responsible for the content, security or the privacy practices of Third-Party Websites. Please review the privacy policies and any terms of use of each Third-Party Website you visit. Unless we specifically advise you otherwise, links to Third-Party Websites do not constitute or imply endorsement by HPMG of those sites, the information they contain or any products or services they describe. HPMG does not receive payment or other remuneration in exchange for you linking to or using any Third-Party Website.

 

Access, correction, and data integrity

Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, and other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting our Web Manager. (On  http://www.hawaiipermanente.com, you may Contact our Web Manager using the link available at the bottom of each web page.)

 

Email communications

By submitting your email address to the Website’s Newsletter Subscription feature, you agree to receive communications by email. These communications may include (but are not limited to):

  • Periodic HPMG Newsletters
  • Website & service updates
  • Surveys or questionnaires regarding Website features and possible improvements

By submitting your email address, name, and/or comments and questions on any future planned Contact Form feature(s), you agree to receive communications by email. These communications may include (but are not limited to):

You may revoke your permission for us to communicate with you via email by following the instructions for managing your email preferences included with each email communication from us, or by writing to us by the methods described in the “How to Contact Us” section below.

 

Material you submit

You acknowledge that you are responsible for the information and material that you submit to the Site (each a “Submission”), including the legality, reliability, appropriateness, originality and copyright of any such Submission. You represent, warrant, and agree that you own all rights to the content you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions; that you will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through the Website any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Website is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that HPMG shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Website, you grant HPMG a nonexclusive, worldwide, perpetual, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, HPMG agrees to use your information in accordance with HPMG’s Privacy Policy applicable to personally identifiable information. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to HPMG.

 

Disclaimer

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE WEBSITE AND ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD-PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HPMG OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY HPMG UNLESS SPECIFICALLY STATED OTHERWISE.

 

Limitation of liability; choice of law

HPMG AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST REVENUE, LOST PROFITS, LOST DATA, LOSS OF USE, BUSINESS INTERRUPTION, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY THIRD-PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR THIRD-PARTY WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Governing law and jurisdiction

These Terms and Conditions are governed by Hawaii law without regard to its principles of conflicts of law. If any version of the Uniform Computer Information Transactions Act (UCITA) is enacted as part of the law of Hawaii, that statute shall not govern any aspect of these Terms and Conditions.

Any legal action or proceeding arising out of, or related to, these Terms and Conditions shall be instituted exclusively in a court of competent jurisdiction in the State of Hawaii. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Indemnification

You agree to defend, indemnify and hold harmless HMPG, its affiliates and their respective employees, agents, officers, directors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.

 

Copyrights

Except as otherwise indicated, all content on the Website, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of HPMG or its licensors and is protected by United States and international copyright laws. You may not reproduce, distribute, modify, create derivative works of, republish, download, store or transmit any of the material on the Website, except that you may view or download a single copy of the material on the Website solely for your personal, noncommercial use.

The compilation of all content on the Website is the exclusive property of HPMG and is protected by United States and international copyright laws. Unless specifically authorized in writing by HPMG, any use of these materials, or of any materials contributed to the Website by entities other than HPMG, on any other website or networked computer environment for any purpose is prohibited.

Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by HPMG. Content and features are subject to change or termination without notice in the editorial discretion of HPMG.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, HPMG has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to [name the designated agent] to the mailing address listed in the “How to Contact Us” section below.

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

 

Trademarks and service marks

“HPMG” and the Hawaii Permanente Medical Group logo are registered service marks of Hawaii Permanente Medical Group or its affiliates. Other proprietary marks of HPMG or third parties may be designated as such from time to time on the Website through use of the TM, SM, or ® symbols. Users of the Website are not authorized to make any use of the HPMG marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by HPMG or the applicable third party.

 

How to Contact Us

You may contact us regarding the Website or your email preferences by sending a letter via U.S. mail or using our Contact Form. Written correspondence should be sent to us at the following address:

Attn: HPMG Communications
2828 Paa Street
Honolulu, HI 96819

 

Waiver and severability

No waiver by HPMG of any term or conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HPMG to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

Terms and Conditions Version 001.01_041514
Last Revised 04/15/2014