WILCOX HEALTH KAUAI WEBSITE
TERMS AND CONDITIONS OF USE


THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE. BY ACCESSING, USING OR UPLOADING TO THIS WEBSITE, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH HAWAI‘I PACIFIC HEALTH AND WILCOX MEMORIAL HOSPITAL BASED ON THESE TERMS.

Introduction

The Hawai‘i Pacific Health and Wilcox Memorial Hospital Healthy Kauai website, and the information, content, products and services it makes available (which are collectively referred to herein as the "Website"), is provided to you by Hawai‘i Pacific Health and Wilcox Memorial Hospital, both Hawaii nonprofit companies with principal offices in Honolulu and Lihue, Hawaii, respectively (collectively referred to herein as “HPH”). These Terms of Use (this "Agreement") set forth the terms and conditions governing your use of the Website.

Modifications to this Agreement

HPH may make changes to this Agreement from time to time in its sole discretion, by updating this posting on the Website. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website you should check to see if a new version of the Agreement has been posted.

Website Intended Audience

This Website is operated by HPH from its offices in the United States. This Website is directed to adults in the United States and is not intended for children under the age of thirteen.

Privacy

Other than the information you provide when you create an account via the Website and general information regarding your use of the Website, HPH does not collect any personally identifiable information through the Website, nor is the Website linked in any way to your electronic health record.  The information you provide when you create an account will be kept confidential.  The information you provide via your Website account to track your health metrics and progress is not specifically visible or accessible by HPH but may be anonymously aggregated with that of other users and used by HPH for data analysis and community benefit reporting purposes.  You may receive general communications from HPH once you’ve created an account via the Website, which you will have the option to opt out of receiving.

HPH’s representations, as well as your rights and responsibilities with respect to information and content submitted via the social sharing portion of the Website is addressed below.

We describe our current practices related to personally identifiable information collected through the Website in our Privacy Policy and we may update our policies and practices from time to time at our sole discretion.

Your Use of Content and Information -- Disclaimer with Respect to Content

A variety of information, advice, recommendations, resources, messages, posts, text, graphics, photographs, videos, data, tools, and other materials ("Content") is or may become available on the Website. Other than the content provided by users in the Social Sharing section of the Website (“User-Submitted Content”), all of the Content is provided by HPH or its suppliers.  While HPH strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, HPH cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by HPH, its suppliers, or users.  Any opinions, advice, statements or other information expressed or made available by users are those of the respective user and not of HPH. HPH does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

Further, HPH does not have any obligation to prescreen, edit, or remove any User-Submitted Content that is posted on or available through the Website.  Notwithstanding the foregoing, HPH reserves the right, in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any User-Submitted Content.

THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE SPECIFIC TO YOU AS THE USER, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM OR CONCERN. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOU AND YOUR CONDITION AND/OR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

User-Submitted Content

You are responsible for all Content that you submit, post, or otherwise make available to or through the social sharing portion of the Website. By doing so, you represent and warrant to HPH that such content is not confidential, that you are thirteen (13) years of age or older, and that you have all necessary permission to submit, post and otherwise make available such Content.

You agree that you will comply with all applicable laws and this Agreement in submitting, posting or otherwise making available Content to or through the Website.

HPH makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Website and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to HPH and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as follows: with respect to photos, graphics, audio, video or messages that you submit, post or otherwise make available to public areas of the Website, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.

Ownership and Intellectual Property Rights

Ownership

The Website is owned by HPH. All right to, title to, and interest in the Content available via the Website, the Website's look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of HPH or its licensors, and are protected by copyrights, trademarks, or other proprietary rights and laws.

License to Use Content

HPH grants you a nonexclusive, nontransferable, revocable, limited license to view Content retrieved from the Website only for your personal, noncommercial use. You may not use any Content available via the Website in any other manner or for any other purpose without the prior written permission of HPH. All rights not expressly granted in this Agreement are expressly reserved to HPH.

Trademark Notices

All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by HPH or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by HPH or its affiliates without prior written consent.

Disclaimer of Warranties With Respect to Website

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HPH AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

HPH AND ITS AFFILIATES DO NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. HPH AND ITS AFFILIATES MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

Limitations of Liability

HPH AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

ADDITIONALLY, IN NO EVENT WILL HPH OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (4) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless HPH, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Website.

Modification or Suspension of the Website

HPH may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.

Termination

Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website. The provisions of this Agreement which by their intent or meaning are intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or the Website shall be governed by and construed in accordance with the laws of Hawaii without giving effect to any principles of conflicts of law. Any legal action or proceeding between HPH and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Honolulu, Hawaii, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.