Section 1. General Information About the Site
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.
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.
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.
Our 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.
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.
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 firstname.lastname@example.org.
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.
Section 5. 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.
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.
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 Rules, considered information we maintain in a designated record set. Such information, however, will be treated as protected health information, as discussed in HMSA’s Notice of Privacy Practices and the HMSA.com Privacy Statement.
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.
Section 7. 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 email@example.com.
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.
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.