Terms of Use

Your Acceptance of Terms of Use

Your use of the Hawaii Health Information Exchange (“HHIE”) website located at www.hawaiihie.org is governed by these Terms of Use and the other policies on the website. Your use of this website constitutes your acceptance of these Terms of Use. We reserve the right to change these Terms of Use by making revisions on this website at any time. Your continued use of our website indicates your agreement to any revised Terms of Use. We urge you to review the Terms of Use each time you use our website, and if you do not agree to the current Terms of Use, please exit the website immediately.

Links to Third-Party Websites

Our website may contain links to websites operated by third parties. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of our website, you warrant to HHIE that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use or any other policy on this website. You may not use our website in any manner which could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through our website.

Copyright and Trademark Notice

This website is owned and operated by HHIE. Unless otherwise specified, all materials appearing on this website, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are HHIE’s sole property or used under license. You may print individual pages from the website, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or obtaining the services offered by us. Except with our express written permission, no other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. Any unauthorized use of the materials appearing on this website may violate copyright, trademark or other applicable laws and could result in criminal or civil penalties.

The names of companies and products mentioned in this website may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

User’s Grant of Limited License

By posting or submitting content to this website (excluding personal information which is governed by our Privacy Policy), you grant HHIE and our affiliates the right to use, reproduce, display, perform, adapt, modify, distribute, and promote your content in any form, anywhere and for any purpose, without any compensation to you or anyone else. You also warrant and represent that you own or otherwise control all of the rights to the content and that our public posting and use of your content will not infringe or violate the rights of any third party. Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. HHIE retains the right to monitor, edit, or otherwise change without your permission your posting or other content submitted to this website. Whether or not we modify or remove such material, you remain solely responsible for any material you submit to us. Through your usage of the website, you may submit and/or HHIE may gather certain limited information about you and your website usage. HHIE is free to use such information for any purpose it deems appropriate, including marketing purposes.

User Registration

To obtain full access to our website, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited.

WE MAKE NO WARRANTIES OR REPRESENTATIONS TO YOU THAT YOUR USE OF ANY MATERIALS DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

Our Website Should Not Be Substituted for Professional or Medical Advice

Our website is designed to promote communication and information into a statewide health information technology network that connects health plans, hospitals, community health clinics, and other health care providers in Hawaii. It is important to understand that all content is provided for informational purposes only. HHIE is not engaged in offering any professional or medical advice on this website. HHIE is not responsible for any medical content posted on the website, or on any third-party websites. If you are an individual seeking medical advice or treatment, please consult your physician or health care provider. HHIE expressly disclaims any and all responsibility for any consequences related, directly or indirectly, to any use, misuse or interpretation of the website or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold us harmless therefrom.

Disclaimer and Limitation of Liability

ALL MATERIAL ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HHIE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS WEBSITE, OR ON ANY SITE OR SITES “LINKED” TO THIS WEBSITE. HHIE MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL HHIE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Miscellaneous

By choosing to access this website from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. You agree that any legal action brought against HHIE shall be governed by the laws of the State of Hawaii without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of this website shall be an appropriate federal or state court located in the state of Hawaii. HHIE reserves the right, in its sole discretion, to terminate your access to all or part of this website, with or without notice and for any reason whatsoever. Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Terms of Use shall remain in full force and effect.