NOTICE OF PRIVACY PRACTICES
Effective Date of Revised Notice: September 23, 2013
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
If you have any questions about this Notice, please contact our Privacy Officer listed below.
This joint Notice of Privacy Practices (this “Notice”) describes how we may use and disclose your protected health information (“PHI”) to carry out treatment, payment, and/or health care operations and for other purposes that are permitted or required by law. It also describes your rights concerning your PHI. PHI is information about you, including information that may identify who you are or where you live, that relates to your past, present, or future physical or mental health or condition, related health care services, and payment for such services.
To promote continuity and consistency of care, we have an integrated electronic medical record at all our facilities. This means information created in the course of our caring for you will reside in the integrated record and may be available to others involved with your care.
- Who Will Follow This Notice:
This Notice describes the privacy practices of our facilities that make up the Hawaii Pacific Health Affiliated Covered Entity and of members of each facility’s “organized health care arrangement’, as follows:
- Kapiolani Medical Center for Women and Children;
- Pali Momi Medical Center;
- Kapiolani Medical Specialists;
- Straub Clinic and Hospital;
- Kauai Medical Clinic;
- Wilcox Memorial Hospital;
- All departments, units, and clinics of each of the above-named facilities;
- Any health care professional authorized to enter information into your medical or billing records at our facilities;
- All employees, medical staff members, allied health professionals, and other authorized workforce who may need access to your information;
- Volunteers we allow to help you at our facilities; and
- All residents, postgraduate fellows, medical students, and students of other health care professions or educational programs at our facilities.
For purposes of complying with federal privacy and security requirements, the above-described Hawaii Pacific Health facilities have designated themselves as an Affiliated Covered Entity. These are facilities under common ownership and control that have agreed to treat themselves as a single “covered entity” under these federal laws. Hawaii Pacific Health, as the member of these affiliated facilities, will coordinate privacy practices among these facilities and, from time to time, will have access to some PHI as a business associate of these facilities. Additionally, the independent providers who are providing health care services at or through our facilities, or who share electronic medical records with Hawaii Pacific Health’s Health Advantage Connect partners, have agreed to follow this Notice when providing services at or through that facility. These independent providers, however, are legally separate and responsible for their own acts.
- Our Legal Duty
We are required by law to:
- Keep records of the care that we provided to you;
- Keep your PHI private;
- Notify you, under certain circumstances, of breaches affecting your PHI;
- Abide by the terms of the Notice that is currently in effect; and
- Give you this Notice of our duties and privacy practices with respect to your PHI.
We may change our Notice at any time. We reserve the right to revise or amend this Notice. Any revision or amendment to this Notice will apply to all of your records that any of our facilities have created or maintained in the past and for any of your records that we may create or maintain in the future. We will visibly post a copy of our current Notice in our admitting and business offices. You may request a copy of the Notice from these locations. The Notice also will be posted on our website. Your personal doctor may have separate policies or notices regarding the use and disclosure of PHI that is created in his/her private practice.
- We May Use and Disclose Medical Information About You
The following categories describe different ways we may use and disclose PHI. Not every use or disclosure in a category will be listed.
a. Treatment: We may use and disclose your PHI to provide you with medical treatment or services. For example, we may disclose your PHI to doctors, nurses, and other health care personnel or providers to coordinate the different things you need, such as prescriptions, lab work, and X-rays. We may also permit disclosure of your electronic health record via electronic transfer to other facilities and providers for treatment purposes. We also may disclose your PHI to other people who provide services that are part of your care, such as a hospice or home care agency.
We participate in one or more Health Information Exchanges (“HIE”). Your health information and identifying information regarding your visits to our facilities may be shared with the HIEs for the purposes of diagnosis and treatment. Other providers participating in these HIEs may access this information as part of your treatment.
b. Payment: We may use and disclose your PHI to bill and collect payment for your health care services. We may disclose your PHI to other health care providers and organizations involved in your care to assist in their billing and collection efforts. This may include, for example, disclosures to your health insurance plan about services we recommend for you so your plan can determine eligibility, coverage, or medical necessity or for utilization review activities. We also may disclose your PHI to third parties for collection of payment.
c. Healthcare Operations: We may use your PHI or share it with others in the course of operating our facilities. For example, we may use your information to evaluate: the performance of our staff in caring for you; the quality of our services; and effectiveness of various treatments. This includes combining information we have with information from other health care providers to compare our services and outcomes so we can see where we can make improvements in our care and services. We may remove information that identifies you from this set of medical information so others may use it to study health care and health care delivery without learning who the specific patients are. We also may call you by name in the waiting areas. We also may disclose your PHI to third parties who perform various activities on our behalf, such as accounting, transcription services, data analysis, and risk management.
In addition, we may disclose your PHI for payment activities and certain business operations of another health care provider or health plan as long as they have or had a relationship with you; the information disclosed pertains to that relationship; and the information is used for one of the following health care operations: quality assessment and improvement; case management and care coordination.
We coordinate with an “accountable care organization” called Hawaii Health Partners and other health care providers in the community to better coordinate care, improve the quality of your health care services, and reduce health care costs. We may share your PHI with Hawaii Health Partners and other health care providers in the accountable care network for these purposes
d. Education and Training: We may disclose information to doctors, nurses, technicians, training doctors, medical students, postgraduate fellows and other hospital personnel for review and learning purposes. These same classes of individuals and other health care professional students may participate in examinations or procedures and in your care as part of our educational programs.
e. Health Related Benefits and Services: We may use and disclose your PHI to tell you about health-related benefits or services that may be of interest to you.
f. Research: Under certain circumstances, we may use and disclose your PHI for research purposes but only as allowed by law or with your permission. For example, a research project may involve comparing the health and recovery of all patients who received one medication to those who received another, for the same condition. We may use or allow other researchers to review your PHI for the purpose of preparing a plan for a specific research project but, in that event, none of your identifiable information will be allowed to leave our facilities. We may use your PHI to contact you with information about a research study in which you might be interested in participating. If you choose to participate in a research study, you will be asked to sign a written form authorizing the use and disclosure of your PHI for that study. All research studies must be reviewed and approved by a committee, called an Institutional Review Board (IRB), before subjects may be enrolled. This process evaluates a proposed research project and its use of medical information, trying to balance the research needs with patients’ need for privacy of their medical information.
g. For Fundraising: We may use or disclose certain PHI to an institutionally affiliated foundation to contact you to raise money for our facilities and their operations. If you do not want to be contacted in this way, please notify the Privacy Officer.
h. Personal Representatives: We may disclose your PHI to a personal representative who has authority under applicable law to make health care decisions on your behalf.
- You Will Have the Opportunity to Agree or Object to These Uses and Disclosures:
Provided you do not object, we may disclose your PHI in the following situations after we discuss it with you. If, however, you are not able to object, we may disclose your PHI if it is consistent with your known prior expressed wishes and is determined to be in your best interests. As soon as you are able, we will give you the opportunity to object to any further disclosures.
- Facility Directory: Unless you object, we will include certain limited information about you in the facility directory while you are a patient at one of our facilities. This information may include your name, location in the facility, your general condition (fair, stable, etc.), and your religious affiliation. With the exception of your religious affiliation, the directory information may be released to people who ask for you by name. Your religious affiliation may be given to a member of the clergy, such as a priest or rabbi, even if they don’t ask for you by name. We provide this information so your family, friends, and clergy can visit you and know, generally, how you are doing. If you do not want this information listed in the directory, you must notify the admissions office or fill out a Directory Restriction Form.
- Individuals Involved in Your Care or Payment for Your Care and Notification: Unless you object, we may disclose to a member of your family, a relative, a close friend, or any other person you identify information that directly relates to that person’s involvement in your health care. We also may give information to someone who helps pay for your care. We may share PHI with these people to notify them about your location and general condition. Finally, we may disclose PHI about you to disaster relief agencies, such as the Red Cross, so that your family can be notified about your condition, status, and location.
- We May Make the Following Uses and Disclosures Without Your Authorization:
- When Required By Law:We will use and disclose your PHI when we are required to do so by federal, state, or local law.
- To Avert a Serious Threat to Health or Safety: We may use and disclose your PHI to prevent a serious threat to your health and safety or the health and safety of others.
- For Organ and Tissue Donation: We may disclose your PHI to a designated organ donor program as required or permitted by law.
- For Specific Government Functions: We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law, as well as to others so they may provide protection to the President and other authorized persons or foreign heads of state. If you are a member of the armed forces, we may release your information as required to your military command authorities.
- For Legal Proceedings: We may disclose your PHI in response to a subpoena, discovery request, or other lawful process by someone involved in a dispute, but only after efforts have been made to tell you about the request or to obtain an order protecting the PHI requested.
- For Law Enforcement: We may use or disclose your PHI for law enforcement purposes, such as legal processes, limited information requests for identification and location purposes, information pertaining to victims of a crime, suspicion that death has occurred as a result of criminal conduct, a crime occurring on our premises, and certain medical emergencies (not on the premises).
- For Health Oversight: We may disclose PHI about you to a state or federal health oversight agency that is authorized by law to oversee our operations. These activities are necessary for the government to monitor our health care system, government programs, and compliance with civil rights laws.
- To Coroners, Medical Examiners, and Funeral Directors: We may disclose your PHI to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or to determine the cause of death. We also may release PHI to funeral directors as necessary for them to carry out their duties.
- For Workers’ Compensation: We may disclose your PHI as permitted by workers’ compensation laws and other similar programs.
- For Public Health: We will disclose PHI to public health authorities for public health activities, investigations, or interventions as required by law. Public health activities generally include:
o Reporting births and deaths, birth defects, children at risk, and child abuse or neglect;
o Preventing or controlling disease, injury, or disability;
o Notifying people of recalls of medical products they may be using;
o Notifying a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
o Reporting reactions to medications or problems with products; and
o Notifying the appropriate government authority if we believe a patient has been the victim of abuse or neglect.
- Regarding Inmates or Individuals in Custody: If you are in legal custody, we may disclose your PHI to a correctional institution or law enforcement official. PHI may be disclosed to provide you health care, to protect your health and safety or the health and safety of others, or for the safety and security of the correctional institution.
- Other Uses and Disclosures of Your PHI:
Other uses and disclosures of your PHI not covered by this Notice or the laws that apply to us will be made only with your written authorization. If you provide us permission to use or disclose your PHI, you may revoke that permission, in writing, at any time.If you revoke your permission, we will stop any use or disclosure of PHI previously permitted by your written authorization. We are unable to “take back” any disclosures we have already made with your permission. We generally will not sell your PHI, use or disclose your PHI for marketing, or use or disclose any PHI contained in psychotherapy notes without your authorization.
- Your Rights Regarding Your PHI:
a. You have the right to request restrictions on how we use and disclose your PHI for treatment, payment, or health care operations. We, however, are not required to agree to your request except as indicated below. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment. To request a restriction, your request must be in writing to our Privacy Officer and must describe:
- The information you wish restricted;
- Whether you are requesting to limit our use, disclosures, or both; and
- To whom you want the limitation to apply.
You have a right to request, and we are required to agree to, a restriction on the information disclosed to your health plan if you make arrangements to pay for the related services in full.
b. You have the right to request confidential communications from us by alternative means or at an alternative location. We will accommodate reasonable requests. We may ask you for information as to how payment will be handled or to specify an alternative address or other method of contact. We will not request an explanation from you as to the basis for the request. Please notify our Admissions/Registration staff.
c. You have the right to inspect and obtain a paper or electronic copy of your PHI that our facilities use to make decisions about you for as long as we maintain the PHI. There are a few exceptions. If we deny your request to inspect your PHI, we will give you reasons in writing for the denial and explain any right to have the denial reviewed. If you want copies of your PHI, a charge for copying may be imposed. You may direct that the copy be transmitted directly to an entity or person designated by you, provided that any such designation is clear, conspicuous, and specific with complete name and mailing address or other identifying information. Please contact our Health Information Management Department if you have questions about access to your health information.
d. You have the right to request an amendment if you feel the PHI we have about you is incorrect or incomplete. In certain cases, we may deny your request for an amendment. If we deny your request, you have the right to file a statement of disagreement with us. We may prepare a rebuttal and will provide you with a copy of such rebuttal. Please contact our Health Information Department if you have questions about the process.
e. You have the right to find out what disclosures we have made about you to whom, and why. This applies to disclosures made for reasons other than treatment, payment, or our health care operations. It also excludes disclosures we made to you or as authorized by you, for a facility directory, to family members or friends involved in your care, for notification purposes, or as required by law. The right to receive this information is subject to certain exceptions, restrictions, and limitations. Please contact our Health Information Department for further information.
f. You have the right to a paper copy of this Notice. You are entitled to receive a paper copy of our Notice even if you have agreed to accept this Notice electronically. You may ask us to give you a copy of this Notice at any time. To obtain a paper copy of this Notice, contact our Privacy Officer.
g. You have the right to file a complaint. If you believe your privacy rights regarding your PHI may have been violated, you may file a complaint to our Privacy Officer at the address below or the Secretary of the Department of Health and Human Services. You will not be penalized for filing a complaint.
For additional information about our privacy practices, please contact our Privacy Officer at 55 Merchant St., 26th Floor, Honolulu, HI 96813; (808) 535-7310, 535-7148 or via e-mail at [email protected].
Effective: April 29, 2016
To learn about the privacy of your medical information and your privacy rights when you receive services at a Hawaii Pacific Health hospital or clinic, please visit the Hawaii Pacific Health Notice of Privacy Practices.
What Information About Me Is Collected and Stored?
We collect two basic types of information from you: (1) personally identifiable information (“PII”) and (2) non-personally identifiable information (“non-PII”). PII is any information that you supply to us that can individually identify you. PII includes, among other things, your name, contact information (e.g., email address, postal address, telephone number), payment information (e.g., credit/debit card information), medical record number, and photographs in which you may be recognized. Non-PII includes information that does not personally identify you. Non-PII includes, among other things, information about your use of the Sites, such as your IP address, device identifiers, general location information, and demographic data.
Personally Identifiable Information As a general matter, you can browse the Sites without submitting your PII to us. However, there are a number of circumstances in which you may supply us with your PII. The following lists the most common ways in which we may collect your PII:
- Registration for an account or creating a profile
- Request for information or other assistance
- Sign up to receive e-mail offers or newsletters
- Participation in surveys, panels, or market research
- Make donations or other payments
- Participation in special events, contests or sweepstakes
- Participation on our social media accounts
- Participation in communities, chat rooms and comment threads, other forums, and other interactive services
- Submission of user generated content
- Any other place on the Sites where you knowingly volunteer information
Collection of Personally Identifiable Information From Social Media Sites When you interact with any Hawaii Pacific Health page or account on a social media platform, we may collect the PII that you make available to us on that page, including your account ID or username. If you choose to log in to your Hawaii Pacific Health account or mobile application through a social networking service, Hawaii Pacific Health and that service may share certain information about you and your activities.
Non-Personally Identifiable Information As stated above, we also collect non-PII when users interact with the Sites. Non-PII does not personally identify you. Generally, we collect and store the following categories of non-PII:
- Device information used to access the Sites. This may include IP address, unique device identifiers, browser type, browser language, and other information.
- Usage information about interaction with the Sites. This includes a history of the pages viewed or advertisements clicked on, or other information used to customize the Sites.
- Additional use data such as time and date of access, software crash reports, session identification number, and referring website addresses.
- Aggregate data regarding the use of the Sites.
- Demographic data such as age, gender, and five-digit ZIP code.
- User search terms and search results.
Collection of Your Location Information You may provide us information which may disclose your general location. Certain content may be directed to you as a result of the collection of this data.
Collection of Information From Other Sources We also may collect information about you that we may receive from other sources or from our offline interactions with you to, among other things, enable us to verify, update information contained in our records and to better customize Sites for you.
We may also use web beacons or other technologies. A web beacon is an invisible graphic on a web page that is programmed to collect non-PII about your use of a given website. We do not share or provide PII we may collect through such web beacons, such as names, e-mail addresses and phone numbers without your express permission.
We may partner with third party advertising companies who may utilize cookies, web beacons or other technologies to provide advertisements about our services or programs that may be of interest to you. These third parties may use these technologies to collect information about you when you use the Sites. They may collect information about your online activities over time and across different online services. They may use this information to provide you with interest-based advertising or other targeted content. They may use persistent identifiers to anonymously track your Internet usage across other websites in their networks beyond these Sites. Such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us. For information about how we share your personal information with service providers, please see “How Do We Use Your Information” below.
How Do We Use Your Information?
We use the information we learn from you to help us personalize and continually improve your experience on the Sites. We may use your personally and non-personally identifiable information in the following ways:
General Uses The following general uses:
- Provide content and our services
- Communicate about your account and send information about features and enhancements
- Communicate about changes to our policies
- Send offers or promotions for our services or special events
- Provide advertising including advertising based on users’ activity on the Sites or activity on third-party websites
- Administer contests, sweepstakes, promotions, or surveys
- Post user generated content provided by users
- Optimize or improve our services and operations
- Detect, investigate, and prevent activities that may violate our policies or be illegal
- Perform statistical, demographic, and marketing analyses of users of the Sites
Combination of Your Personally Identifiable Information We may use the information from one portion of the Sites on other portions of Sites, and we may combine information gathered from multiple portions of the Sites into a single record. We may also use or combine information that we collect offline or we collect or receive from third-party sources to enhance, expand, and check the accuracy of your records.
Who Do We Provide Your Information To?
We may disclose your PII collected on the Sites to our agents, affiliates, partners, and other third parties as described below.
Third-Party Agents We have third-party agents, subsidiaries, affiliates and service providers that perform functions on our behalf, including, but not limited to: hosting, website design, content management, technical integration, marketing, analytics, and payment processing. These entities may have access to PII if needed to perform their functions.
CareEverywhere We participate in the CareEverywhere network which allows your health information to be electronically shared between healthcare providers for treatment purposes. CareEverywhere provides continuity of care through the creation of a secure, virtual electronic medical record so you are able to receive the best possible care no matter where you are treated. For more information about how you can limit the sharing of your information with CareEverywhere, see the “Out-Out Provisions” section below.
Law Enforcement, Legal Process, and Emergency Situations We may also use or disclose PII if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Sites; (b) protect and defend our rights or property, the Sites or our users, or (c) act to protect the personal safety of us, users of the Sites or the public.
Use of Non-Personally Identifiable Information We may disclose your non-PII in any other manner that we deem appropriate. Among other things, we will disclose non-PII to third parties to help us determine how people use parts of the Sites and how we can improve our Sites. We will also disclose non-PII to our service providers and other third parties about how our users collectively use the Sites.
What Steps Are Taken to Keep Personally Identifiable Information Secure?
We are concerned about ensuring the security of your PII and take certain security measures, such as the encryption of certain transmissions, to help protect such information. Please understand, however, that while we try our best to safeguard your PII once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
Your Obligations to Keep Your Access Rights Secure
You promise to: (a) provide true, accurate, current and complete information about yourself as prompted by our Sites and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you create an account through the Site, you are solely responsible for the security and confidentiality of your username and password and you are solely responsible for any and all activities that occur under your account.
Public Areas, Interactive Features and Activities
Please remember that any information you share in public areas, such as social sharing feature, is public and anyone may take and use that information. Please be careful about what you disclose and do not post any information that you expect to keep private. Please consult the applicable guidelines, if any, for use of these features. Hawaii Pacific Health cannot control who views information that you post in public areas of the Sites and is not responsible for how third parties may use or disclose information that you post in public areas of the Sites.
You may always opt-out of receiving future e-mail marketing messages and e-mail newsletters from Hawaii Pacific Health. We provide you with the opportunity to opt-out of receiving these communications from us by selecting the “Unsubscribe” link at the bottom of our email message. Please note that opting out will not stop you receiving other transactional and service related email messages from Hawaii Pacific Health.
You also have the right to decide whether your information is shared through the CareEverywhere network. You may opt-out of sharing your information or require your consent be obtained for reach release of your information from ourCareEverywhere page.
Accessing and Correcting Your Information
If you have an account with Hawaii Pacific Health or the Site(s), you may review and change your information by logging into your account and editing your profile. You will not be permitted to examine the PII of any other person or entity and may be required to provide us with PII to verify your identity prior to accessing any records containing information about you. We may not accommodate a request to change or delete PII if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.
Hawaii Pacific Health | 55 Merchant Street, Honolulu, HI 96813
KAPIOLANI MATERNITY MOBILE APPLICATION
TERMS AND CONDITIONS OF USE
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS APPLICATION. BY ACCESSING OR USING THIS APPLICATION, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH HAWAII PACIFIC HEALTH AND KAPIOLANI MEDICAL CENTER FOR WOMEN & CHILDREN BASED ON THESE TERMS.
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.
Other than the information you provide when you create an account via the mobile application and general information regarding your use of the Website, HPH does not collect any personally identifiable information through the mobile application, nor is the mobile application linked in any way to your electronic health record. The information you provide when you create an account will be kept confidential and is intended solely to provide you with a personalized experience via the application. Such information may also be anonymously aggregated with that of other users and used by HPH for data analysis purposes. The information, reminders or notes that you enter into the application is only visible to you and will not be accessed by HPH.
By using the Website and mobile application, you consent to receive occasional push notifications via the application relative to an upcoming health screening, car seat installation or other types of events and/or classes.
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. 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.
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.
Ownership and Intellectual Property Rights
The Website is owned by HPH. All right to, title to, and interest in the Content available via the Website, the Websites 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 and to share your mobile application content via Facebook via the application 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.
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.
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.
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.
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.