Terms and Conditions

Purpose

Maui Health System provides this website to allow patients to access general information about Maui Health System and its facilities.

The information provided on the website is not a substitute for the advice of a personal physician or other qualified health care professional. Always seek the advice of a physician or other qualified health care professional with any questions regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the website.

If you think you or someone you are taking care of has a medical or psychiatric emergency, call 911 or go to the nearest hospital.

Agreement

BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

Breaches of these terms and conditions

In consideration of being allowed to use the websites’ interactive services, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

• Transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others
• Transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Maui Health System personnel) or entity as determined by Maui Health System in its sole discretion
• Using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
• Collecting information about others, including email addresses
• Intentionally distributing viruses or other harmful computer code

Maui Health System expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the website due to any act that would constitute a violation of these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and the Website Privacy Statement, these Terms and Conditions shall govern.

Communications by email

By accepting these Terms and Conditions, you agree to receive essential communications by email. These communications may include (but are not limited to):

• Notification that an important message awaits you on the website
• Site and service updates
• Emergency alerts and critical messages (for example, if a flood or wildfire has temporarily closed a facility)

Access, correction, and data integrity

Although we attempt to maintain the integrity and accuracy of the information on the website, we make no guarantees as to its correctness, completeness, or accuracy. The website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the website by third parties without our knowledge.

Revisions, changes, and updates

We may revise the information on the website or otherwise change or update the website, including these Terms and Conditions, without notice to you. Maui Health System may also make improvements and/or changes in products and/or services described on the website or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the website will signify your continued agreement to these Terms and Conditions as they may be revised.

Links

The Maui Health System website provides links to other websites that are not owned or controlled by Maui Health System (“Third Party Websites”). We provide links to Third Party Websites as follows:

• Maui Health System provides links to Third Party Websites to connect you easily to additional sources of health information or third party services that may be of interest to you. We may not have any business relationship with the party that controls this type of Third Party Website and a link to such a site is offered only as a convenience to you.
• In each such instance, where practicable, we will let you know when you are leaving the Website and linking to a Third Party Website. For example, we may include a notice advising you that you are being sent to a Third Party Website on our web page adjacent to a link or on the first page that appears after clicking on a link. Or we may use an icon that we identify with an appropriate legend to let you know when you are leaving this website.
• Maui Health System is not responsible for the content, security or the privacy practices of Third Party Websites. Please review the privacy statement and any terms of use of each Third Party Website you visit. Unless we specifically advise you otherwise, links to Third Party Websites do not constitute or imply endorsement by Maui Health System or Kaiser Permanente of those sites, the information they contain, or any products or services they describe. Maui Health System does not receive payment or other remuneration in exchange for you linking to or using any Third Party Website.

Disclaimer

THE WEBSITE AND ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAUI HEALTH SYSTEM OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY MAUI HEALTH SYSTEM OR KAISER PERMANENTE UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of liability; choice of law

MAUI HEALTH SYSTEM AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY THIRD PARTY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.

Copyrights

Except as otherwise indicated, all content on the website, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Maui Health System or its licensors and is protected by United States and international copyright laws. Maui Health System allows you to view or download a single copy of the material on the website solely for your personal, noncommercial use.

The compilation of all content on the website is the exclusive property of Maui Health System and is protected by United States and international copyright laws. Unless specifically authorized in writing by Maui Health System, any use of these materials, or of any materials contributed to the website by entities other than Maui Health System, on any other website or networked computer environment for any purpose is prohibited.

Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by Maui Health System. Content and features are subject to change or termination without notice in the editorial discretion of Maui Health System.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at loc.gov/copyright.

In accordance with the DMCA, Maui Health System has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

(This telephone number is for copyright-related complaints only. No solicitations. For patient and website services, call 808-244-9056.)

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Trademarks and service marks

Maui Health System and the Maui Health System logo are registered and/or unregistered trademarks. Users of the website may not make any use of trademarks belonging to Maui Health System, or trademarks belonging to third parties that may appear on the website, without written permission.

Copyright © 2017 Maui Health System. All rights reserved for all countries.

Last updated: July 1, 2017

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