|
Welcome to Integrated Services Incorporated's Web site, www.ISI-HAWAII.com, (the
"Site"). Please read the following Web Site Terms and Conditions of Use
("Conditions of Use") as well as the Web Site Privacy Statement ("
Privacy Statement")
carefully before using the site. By entering and using the Site, you acknowledge
that you have read and understood the Conditions of Use and the
Privacy Statement
and that you agree to abide by them. If you do not agree to abide by the
Conditions of Use and the
Privacy Statement
, you may not enter, access, or otherwise use this Site.
Use of this Site is restricted to individual who are eighteen (18) years of age
or older. All individuals under the age of eighteen (18) years of age are
prohibited from using this Site. When users enter personal information on our
Site, the user is representing to us that he/she is an adult over 18 years of
age. We would be pleased to work with parents and guardians to delete from our
records personal information a child under the age of eighteen (18) years of age
may improperly disclose.
1. General Information About the Site
This Site is a product of, and provided by, INTEGRATED SERVICES INCORPORATED
("ISI"), a wholly owned subsidiary of Hawaii Medical Service Association
("HMSA"), and its affiliated company the Hawaii Family Medical Centers ("HFMC").
All use of the Site is subject to the Conditions of Use, as set forth below.
The terms "you," "your," and "yourself" refer to the individual entering,
accessing, or otherwise using the Site.
You acknowledge that you have read these Conditions of Use and that you accept
the terms thereof. YOU AGREE TO READ THESE CONDITIONS OF USE CAREFULLY BEFORE
USING THE SITE. If you do not agree to these terms, you may not access or
otherwise use this Site.
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.
ISI 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 ISI.
ISI may revise and update these Conditions of Use at any time. Please
periodically review the Conditions of Use posted at the Site because your
continued usage of the Site will mean that you accept those changes.
2. General Information About Integrated Services Incorporated
ISI 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.
ISI 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 this Site, and they should not be considered to
be in a clinical or treatment relationship with you.
ISI 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 our Site.
ISI Vendors. ISI has agreements with entities, referred to as "business
associates" to provide services in connection with our health care program.
ISI’s relationships with business associates are based on the type of service
they are to provide.
3. Your Use of the Site
Upon reading and accepting the Conditions of Use, you are permitted to access
this Site. In general, you may visit the Site without telling ISI who you are or
revealing any personal information about yourself. There is a CONTACT US area on
the Site, where you may choose to provide contact information that will enable
ISI to respond to your inquiry. Use of the CONTACT US section is completely
optional. However by submitting contact information through the CONTACT US
section, you agree that ISI may use information that you supply for the purpose
of providing you further information on ISI's services and products.
By posting messages, uploading files, inputting data,
or engaging in any other form of communication (individually or collectively the
"Communications") to the Site, you hereby grant to ISI a perpetual, worldwide,
irrevocable, non-exclusive, royalty free license to use, copy, license,
sublicense, adapt, distribute, display, publically perform, reproduce, transmit,
modify, edit, and otherwise exploit such Communications, in all media now known
or hereafter developed, subject to any restrictions in the ISI Privacy Policy.
You hereby waive all rights to any claim against Company 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 Communications.
While ISI attempts to prevent unauthorized persons from accessing its files or
tampering with our Site, ISI cannot guarantee that these efforts will always be
successful. You acknowledge that transmissions to and from the Site are not
confidential, and your Communications may be read or intercepted by others. You
acknowledge that by submitting Communications to ISI, no confidential,
fiduciary, contractually implied, or other relationship is created between you
and ISI other than pursuant to this Agreement.
ISI may change, suspend, or discontinue any aspect of the Site at any time,
including the availability of the Site feature, data base,
or content. ISI may also impose limits on certain features and services or
restrict your access to the Site without notice or liability. Content is subject
to change without notice at the editorial discretion of ISI.
4. Your Use of Content Provided Through the Site
Copyright and Trademarks. The name "ISI," "HealthPass," and associated logos are
proprietary trademarks and service marks of ISI and HMSA.
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 ISI 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 of Use, ISI 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.
5. Restrictions on Your Use of the Site
You represent, warrant, and covenant that you shall not upload, post, or
transmit to or distribute or otherwise publish through the Site any materials
which 1) restrict or inhibit any other user from using and enjoying the Site; 2)
are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit, or indecent; 3) constitute
or encourage conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate law; 4) violate, plagiarize, or infringe
the rights of third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity or any other proprietary right; 5)
contain a virus or other harmful component; 6) contain any information,
software, or other material of a commercial nature; 7) contain advertising of
any kind; or 8) constitute or contain false or misleading indications of origin
or statements of fact.
6. Third Parties and External Links
The Site may contain links to other related Web sites, including web sites for
HMSA and for HMSA’s Health Promotion &
Preventive Services ("HPPS"). These Conditions of Use are distinct from those
provided for these related sites. Please review the
Terms of Use
for www.HMSA.com and the
Terms of Use
for HMSA’s HPPS web site if you access those sites, as well
as their related Privacy Statements. Please review the Privacy Statement for
www.HMSA.com at
HIPAA + Privacy
, and the Privacy Statement for HMSA’s HPPS site at the
HPPS Privacy Statement
,which describe the use on information on those web sites.
The Site may include or provide links to other third-party web sites on the
Internet including, but not limited to, links to ISI’s business associates' Web
pages. These other web sites may provide opinions, recommendations or other
information from various individuals, organizations or companies. These links
are provided solely as a convenience to you and not necessarily as an
endorsement or recommendation by ISI of the content on such other third-party
web sites or as an indication of any affiliation, sponsorship or endorsement of
or by such other third-party web sites. ISI is not responsible for the content
of other third-party sites whose links are included herein and does not make any
representations regarding the privacy practices of, or the content or accuracy
of materials on, such other third-party web sites. Your use of other third-party
web sites is subject to the terms of use for such sites. If you decide to access
linked other third-party web sites, you do so at your own risk.
Although ISI endeavors to warn users when they click on a link to other
third-party websites that they are leaving the Site, ISI does 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 ISI and its affiliated products and
companies endeavor to warn users when they click on a link to another
ISI-affiliated web site or to third-party sites. ISI does not guarantee that you
will receive such an alert.
7. ISI Privacy Policy
Privacy Practices. By using the Site, you agree that ISI may monitor your use of
the Site, and may freely use and disclose usage information, collected through
your use of the Site, for any lawful reason or purpose. ISI believes the privacy
of individually identifiable information is important, and ISI uses and
discloses individually identifiable information in accordance with
HMSA's Notice of Privacy Practices
and the ISI
Privacy Statement
concerning information collected online via this Site.
Encryption Technology. The Web site www.ISI-HAWAII.com may use Secure Socket
Layer ("SSL") or other 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.ISI-HAWAII.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 ISI Privacy
Policy does not apply to such other sites. ISI 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.
Questions regarding ISI's privacy practices should be directed to:
webmaster@isi-hawaii.com
8. Warranty and Indemnification
Indemnification. You agree to defend, indemnify and hold HMSA, ISI, 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 of Use
and/or applicable law.
INFORMATION SUPPLIED BY ISI IS PROVIDED "AS IS," AND NEITHER ISI 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 ISI 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 ISI 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 ISI. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY
AND UNEQUIVOCALLY ANY LIABILITY OF ISI.
ISI 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.
9. Notice to ISI
Unless otherwise specified otherwise, any notice to ISI shall be given in
writing and sent by certified and registered mail to ISI, P.O Box. 860, Honolulu, HI
96808-0860, Attn: Legal Services Department.
10. Arbitration and Choice of Law
All disputes arising out of or related to this Agreement or the Contract
Documents, or their breach, shall be settled by arbitration conducted pursuant
to the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and in accordance with the
Arbitration Rules, Procedures & Protocols of Dispute Prevention & Resolution,
Inc., then in effect applicable to the Federal Arbitration Act, or pursuant to
such other rules as to which the parties may agree, by one arbitrator appointed
in accordance with such rules. The parties will cooperate with each other to
hold the arbitration in as efficient and expeditious a manner as practicable.
Any arbitration proceeding shall be brought in Honolulu, Hawaii
under the auspices of Dispute Prevention & Resolution, Inc. Any award rendered
by the arbitrator shall be final and binding upon the parties. Judgment upon the
award may be entered in any court of record of competent jurisdiction. Each
party shall pay its own expense of Arbitration and the expenses of the
arbitrator shall be equally shared unless, in the opinion of the arbitrator, any
claim by a party, or any defense or objections by the other party, was
unreasonable. In that case, the arbitrator may, in his or her discretion, assess
as part of the award all or any part of the arbitration expenses, including the
other party’s reasonable attorney’s fees and expenses of the arbitrator, against
the party raising such unreasonable claim, defense or objection. Nothing in this
Agreement shall prevent the parties from settling any dispute by mutual
agreement at any time. This Agreement shall be governed in all respects by the
laws of the State of Hawaii without regard to its conflict of laws provisions,
and ISI and You agree that the sole venue and jurisdiction for disputes arising
from this Agreement shall be the appropriate state or federal court located in
the city of Honolulu, and ISI and You hereby submit to the jurisdiction of such
courts.
11. Enforceability of Agreement
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.
12. Relationship of Parties
You acknowledge that ISI is a wholly owned subsidiary of HMSA and includes
Hawaii Family Medical Centers. 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 effecting the provisions of these
Conditions of Use.
|