Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "CONDITIONS") CAREFULLY BEFORE
USING THIS SITE.
SUMMARY OF IMPORTANT LEGAL INFORMATION
This web site, https://member.hmsa.com/StudentEnrollment (hereinafter referred to
as "Site" except where clarified otherwise), are products of, and provided by, HAWAII
MEDICAL SERVICE ASSOCIATION ("HMSA"), an independent licensee of the Blue Cross and
Blue Shield Association, an association of independent Blue Cross and Blue Shield
plans. All use of the Site is subject to the Terms and Conditions set forth below.
By entering and using the Site, you acknowledge that you have read and understood such
Terms and Conditions and that you agree to abide by them. Also, you agree that HMSA
may use information that you supply through the Site for the purpose of providing you
information in connection with services provided to you by HMSA.
If any health information is provided on the Site, it is designed for educational
purposes only. It is intended to supplement, not to replace, consultation with a
physician. 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.
TERMS AND CONDITIONS
HMSA may revise and update these terms and conditions at any time. Please periodically
review the terms and conditions posted at the Site because your continued usage of the
Site will mean that you accept those changes.
Section 1. 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
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.
Section 2. General Information About the Site
Our Staff. Our staff may include physicians, but none of our physicians, if any, will
enter into a physician-patient relationship with you. 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, and they should not be considered to be in a clinical or treatment
relationship with you.
Our Business Associates. HMSA has agreements with various entities, which we
call our "business associates" to provide services in connection with our health care
program. Our relationships with business associates are based on the type of service
they are to provide. At present, one of the business associates with which HMSA will
contract is Benefit Services of Hawaii, Inc.
Your Information. 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 Rule, considered information we maintain in a designated record set.
Such information, however, will be treated as protected health information, as
discussed in the HMSA NOTICE OF
PRIVACY PRACTICES and the ONLINE
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.
HMSA shall have the right to use any questions, comments, or other information
submitted by users -- without individual identifiers -- in books, article,
commentaries, research or similar ways.
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
on every subject or that it will necessarily include all of the most recent information
available on a particular topic. This information is of a general nature, and we urge
you to review it with your personal physician. Users should never delay, ignore, or
fail to obtain medical advice based on information obtained from the Site.
Information from Others. The Site may include or provide links to other web
sites on the Internet including, but not limited to, links to our business associates'
Web pages. These other web sites may provide opinions, recommendations or other
information from various individuals, organizations or companies.
IN PROVIDING SUCH LINKS, HMSA DOES NOT INVESTIGATE THE CONTENT OF SUCH INFORMATION.
HMSA DOES NOT ENDORSE, GUARANTEE OR WARRANT THE ACCURACY OF SUCH INFORMATION OR
NECESSARILY SUBSCRIBE TO ANY SUCH OPINIONS OR RECOMMENDATIONS. FURTHER, TO THE
EXTENT THAT YOU MAKE USE OF ANY LINK TO ANY OTHER WEB SITE ON THE INTERNET, THE
DISCLOSURE, REPRODUCTION, SALE OR DISTRIBUTION OF INFORMATION CONTAINED THEREON
MAY BE PROHIBITED. YOUR USE OF THIRD-PARTY WEB SITES IS SUBJECT TO THE TERMS OF
USE FOR SUCH SITES. IF YOU DECIDE TO ACCESS THIRD-PARTY WEB SITES THAT ARE LINKED
TO THIS SITE, YOU DO SO AT YOUR OWN RISK.
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 3. Restrictions on the 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 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, HMSA 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. Content is subject to change without notice at the editorial
discretion of HMSA.
Links to Other Sites. The Site may contain links to third-party web sites.
These links are provided solely as a convenience to you and not as an endorsement or
recommendation by HMSA of the content on such third-party web sites or as an indication
of any affiliation, sponsorship or endorsement of or by such third-party web sites.
HMSA is not responsible for the content of linked third-party sites and does not make
any representations regarding the privacy practices of, or the content or accuracy of
materials on, such third-party web sites. Your use of third-party web sites is subject
to the terms of use for such sites. If you decide to access linked third-party web
sites, you do so at your own risk.
Although HMSA endeavors to warn users when they click on a link to a third-party web
site that they are leaving https://member.hmsa.com/StudentEnrollment, 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 web sites associated with HMSA and its affiliated products and
companies endeavor to warn users when they click on a link to another HMSA-affiliated
web site or to third-party sites. HMSA does not guarantee that you will receive such
an alert. For example, www.islandscene.com may not provide you with an alert when you
link to another web site.
Children's Information. No person under 18 years old is permitted to use the
Site. HMSA does not direct this Site to children under the age of 18 years or
knowingly collect personal information from children under 18. 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/she is an adult over 18 years old. We
would be pleased to work with parents and guardians with regard to personal
information a child may improperly disclose. Please contact us at
webmaster@hmsa.com.
Indemnification. You agree to defend, indemnify and hold HMSA, 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.
Section 4. HMSA Privacy Policy
Privacy Practices. HMSA believes the privacy of individually identifiable
information is important, and we use and disclose individually identifiable information
in accordance with the HMSA NOTICE OF
PRIVACY PRACTICES and the ONLINE
PRIVACY STATEMENT.
Encryption Technology. The web site https://member.hmsa.com/StudentEnrollment 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
https://member.hmsa.com/StudentEnrollment.
Links to Other Sites. Users may 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
ONLINE PRIVACY STATEMENT and HMSA
NOTICE OF PRIVACY PRACTICES do not
apply to such other sites. HMSA 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 HMSA's privacy practices should be directed to:
webmaster@hmsa.com.
Section 5. 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 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 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 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.
Please do not send personal medical questions to the Site. With respect to other
communications to the Site, HMSA does not guarantee that it will respond to all
inquiries.
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.
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.
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. 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 brought exclusively in the First Circuit Court, State
of Hawaii, and you hereby expressly consent to the exercise of jurisdiction over you
by such courts.
YOU HEREBY ACKNOWLEDGE 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.