Welcome to HMSA's Health Promotion & Preventive Services ("HPPS") Web Site (the "Site"). Please read the following Web Site Terms and Conditions of Use ("Conditions of Use") as well as the Web Site Privacy Statement (" Privacy Statement ") carefully before using the site. By entering and using the Site, you acknowledge that you have read and understood the Conditions of Use and the Privacy Statement and that you agree to abide by them. If you do not agree to abide by the Conditions of Use and the Privacy Statement you may not enter, access, or otherwise use this Site.

Use of this Site is restricted to individuals who are eighteen (18) years of age or older. All individuals under the age of eighteen (18) years of age are prohibited from using this Site. When users enter personal information on our Site, the user is representing to us that he/she is an adult over 18 years of age. We would be pleased to work with parents and guardians to delete from our records personal information a child under the age of eighteen (18) years of age may improperly disclose. Please contact us at healthpass@isi-hawaii.com.

1. General Information About the Site

This Site is provided by Hawaii Medical Service Association ("HMSA"), its affiliated companies (such as Hawaii Family Medical Centers and Integrated Services Incorporated), and certain third party vendors (e.g., healthmedia.com) that will provide services in connection with the HPPS program. The HPPS program includes all the services accessible through the Site, including HealthPass, the Health Risk Assessment, Health Coaching, Health Education, and other health promotion and preventive services that may be added to the Site from time to time. Collectively, HMSA, its affiliated companies, and third party vendors that will provide services in connection with the HPPS program are referred to in these Conditions of Use as "HPPS Entities." All use of the Site is subject to the Conditions of Use, as set forth below.

The terms "you," "your," and "yourself" refer to the individual entering, accessing, or otherwise using the Site.

You acknowledge that you have read these Conditions of Use and that you accept the terms thereof. YOU AGREE TO READ THESE CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE OR THE HPPS PROGRAM. If you do not agree to these terms, you may not access or otherwise use this Site or the HPPS program.

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.

Health information provided on the Site 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. The HPPS Entities encourage you to consult your health care provider with any questions or concerns you may have regarding your condition.

The materials available through the Site are the property of the HPPS Entities or their licensors, and are protected by copyright, trademark, and other intellectual property laws. These protected materials include the text, graphics, images, and software that are part of the Site. Upon your acceptance of these Terms and Conditions of Use, we grant you the limited right to display and print for your personal, non-commercial use one copy of the information you receive. You may not otherwise copy any of the materials found on this Site without the prior written consent of the owner.

The HPPS Entities 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 the HPPS Entities owning the rights to the content.

The HPPS Entities 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.

2. General Information About the HPPS Entities

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.

The HPPS Entities 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 via this Site, and they should not be considered to be in a clinical or treatment relationship with you.

The HPPS Entities will not request or accept payment from you and will not bill any insurance company, government payment program or other source of health benefits for your use of our Site.

The HPPS Entities have agreements with vendors, referred to as "business associates" to provide services in connection with our health care program. The HPPS Entities' relationships with business associates are based on the type of service they are to provide.

3. Your Use of the Site

Upon reading and accepting the Conditions of Use, you are permitted to access this Site. In general, you may visit the Site without telling the HPPS Entities who you are or revealing any personal information about yourself. There is a CONTACT US area on the Site, where you may choose to provide contact information that will enable the HPPS Entities to respond to your inquiry. Use of the CONTACT US section is completely optional. However by submitting contact information through the CONTACT US section, you agree that the HPPS Entities may use information that you supply for the purpose of providing you further information on the HPPS Entities' services and products.

By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively the "Communications") to the Site, you hereby grant to the HPPS Entities a perpetual, worldwide, irrevocable, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publically perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, in all media now known or hereafter developed, subject to any restrictions in the HPPS Entities Privacy Policy. You hereby waive all rights to any claim against the HPPS Entities for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

While the HPPS Entities attempt to prevent unauthorized persons from accessing its files or tampering with our Site, the HPPS Entities cannot guarantee that these efforts will always be successful. You acknowledge that transmissions to and from the Site are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communication to HPPS Entities, no confidential, fiduciary, contractually implied, or other relationship is created between you and the HPPS Entities, other than pursuant to this Agreement.

The HPPS Entities may change, suspend, or discontinue any aspect of the Site at any time, including the availability of the Site feature, database, or content. The HPPS Entities may also impose limits on certain features and services or restrict your access to the Site without notice or liability. Content is subject to change without notice at the editorial discretion of the HPPS Entities.

4. Your Use of Content Provided Through the Site

Except as otherwise stated in this Terms and Conditions of Use, you may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark. "HealthPass," "HMSA," and the HMSA logo are service marks belonging to, or licensed to, the HMSA, and may not be used without the written permission of HMSA.

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 the HPPS Entities 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 of Use, the HPPS Entities authorize 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.

5. Restrictions on Your Use of the Site

You represent, warrant, and covenant that you shall not upload, post, or transmit to or distribute or otherwise publish through the Site any materials which 1) restrict or inhibit any other user from using and enjoying the Site; 2) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; 3) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; 4) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; 5) contain a virus or other harmful component; 6) contain any information, software, or other material of a commercial nature; 7) contain advertising of any kind; or 8) constitute or contain false or misleading indications of origin or statements of fact.

6. Third Parties and External Links

Third-Party Links. The Site may include or provide links to other web sites on the Internet including, but not limited to, links to the HPPS Entities' business associates' Web pages. These other web sites may provide opinions, recommendations or other information from various individuals, organizations or companies. These links are provided solely as a convenience to you and not necessarily as an endorsement or recommendation by the HPPS Entities of the content on such other third-party web sites or as an indication of any affiliation, sponsorship or endorsement of or by such other third-party web sites. The HPPS Entities are not responsible for the content of other third-party sites whose links are included herein and do not make any representations regarding the privacy practices of, or the content or accuracy of materials on, such other third-party web sites. Your use of other third-party web sites is subject to the terms of use for such sites. If you decide to access linked other third-party web sites, you do so at your own risk.

Although the HPPS Entities endeavor to warn users when they click on a link to other third-party websites that they are leaving the Site, the HPPS Entities 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 the HPPS Entities and their affiliated products and companies endeavor to warn users when they click on a link to another HPPS Entities-affiliated web site or to third-party sites. The HPPS Entities do not guarantee that you will receive such an alert.

7. HPPS Entities Privacy Policy

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 for the HPPS Program," set out below, and the HPPS Privacy Statement .

Privacy Practices. By using the Site, you agree that the HPPS Entities may monitor your use of the Site, and may freely use and disclose usage information, collected through your use of the Site, for any lawful reason or purpose. The HPPS Entities believes the privacy of individually identifiable information is important, and the HPPS Entities uses and discloses individually identifiable information in accordance with the HMSA Notice of Privacy Practices and the HPPS Privacy Statement concerning information collected online via this Site.

Encryption Technology. The Site may use Secure Socket Layer ("SSL") or other 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 the Site.

Links to Other Sites. Users will 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 HPPS Entities Privacy Policy does not apply to such other sites. The HPPS Entities have 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.

Subsequent Acquisition. In the unlikely event that the HPPS Entities are acquired, all databases (which may contain your protected health information) may be among the transferred assets.

Questions regarding the HPPS Entities' privacy practices should be directed to: complianceofficer@isi-hawaii.com.

8. HMSA Notice of Privacy Practices for the HPPS Program

We have joined other health care entities nationwide in following guidelines regarding the handling of protected health information.

THIS NOTICE DESCRIBES HOW PROTECTED MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GAIN ACCESS TO THIS INFORMATION. This Notice of Privacy Practices is in addition to the Privacy Statement

PLEASE REVIEW IT CAREFULLY.

1. HMSA is required by law to maintain the privacy of protected health information and to provide individuals with notice of its legal duties and privacy practices with respect to protected health information.

2. HMSA is permitted to make uses and disclosures of protected health information for treatment, payment and health care operations, as described in the following examples:

a. For treatment - HMSA may release screening results and/or health risk assessment information for the purpose of follow-up and/or treatment.

b. For payment - HMSA may release protected health information for (a) billing and collection activities and related data processing; (b) actions by a health plan or insurer to obtain premiums or to determine or fulfill its responsibilities for coverage and provision of benefits under its health plan or insurance agreement, determinations of eligibility or coverage, adjudication or subrogation or health benefit claims; (c) disclosure to consumer reporting agencies of information relating to collection of premiums or reimbursement.

c. For health care operations - HMSA may release utilization data or aggregate screening information: (a) to develop clinical guidelines; (b) to contact individuals with information about additional services; (c) to review the qualifications of and train health care professionals; (d) for underwriting and premium rating; (e) for medical review, legal services, and auditing functions; (f) for general administrative activities such as customer service, data analysis and quality improvement activities; (g) to support onsite activities; and (h) to administer additional preventive service benefits.

3. HMSA is permitted or required, under specific circumstances, to use or disclose protected health information without your written authorization.

Examples include:

a. Public health activities

b. Disclosure regarding victims of abuse, neglect or domestic violence

c. Health oversight activities such as audits, criminal investigations and inspections

d. Judicial and administrative proceedings

e. Law enforcement purposes

f. Military and veterans activities

g. Correctional institutions and other law enforcement custodial situations

h. Covered entities that are government programs providing public benefits, and for workers compensation

4. Other uses and disclosures will be made only with your written authorization, and you may revoke such authorization.

5. HMSA may contact you to provide appointment reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.

6. You have the following rights regarding protected health information. HMSA may require that requests be submitted in writing.

a. The right to request restrictions on certain uses and disclosures of protected health information. HMSA is not required to agree to a requested restriction, however.

b. The right to receive confidential communications of protected health information, as applicable.

c. The right to inspect and copy protected health information, as provided in the Privacy Rule.

d. The right to amend protected health information, as provided in the Privacy Rule.

e. The right to receive an accounting of disclosures of protected health information.

f. The right to obtain a paper copy of the Notice from the covered entity upon request. This right extends to an individual who has agreed to receive the Notice electronically.

7. HMSA is required to abide by the terms of the Notice of Privacy Practices currently in effect. HMSA reserves the right to change the terms of this Notice. The new Notice provisions will be effective for all protected health information that it maintains and as always, will adhere to national standards and governmental laws and regulations in effect.

8. HMSA will provide you with a revised Notice upon request after the revision date. In addition, this notice will be available at all HPPS and HealthPass screening sites.

9. You may complain to HMSA and to the Secretary of the Department of Health and Human Services ("DHHS"), without fear of retaliation by HMSA, if you believe your privacy rights have been violated. The following is a brief description of how you may file a complaint. Complaints regarding the HPPS program will be received and reviewed by the HMSA Director of Health Promotion and Preventive Services, whose contact information appears below. Quality of care complaints will be forwarded for review and action to the HMSA Medical Director of Health Promotion and Preventive Services. Complaints must be received by us or filed with the Secretary of DHHS within 180 days of when you knew or should have known that the act or omission complained of occurred.

10. HMSA contact person for matters relating to complaints is:
Director, Health Promotion and Preventive Services
Phone: (808) 432-9220
HMSA
P.O. Box 860
Honolulu, HI 96808

Questions regarding HPPS privacy practices should be directed to: complianceofficer@isi-hawaii.com.

9. Warranty and Indemnification

Indemnification. You agree to defend, indemnify and hold the HPPS Entities, 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 of Use and/or applicable law.

INFORMATION SUPPLIED BY THE HPPS ENTITIES IS PROVIDED "AS IS," AND NEITHER THE HPPS ENTITIES 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 HPPS ENTITIES 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 HPPS ENTITIES 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 HPPS ENTITIES. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF HPPS ENTITIES.

The HPPS Entities do 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 includes or manifests contaminating or destructive characteristics.

10. Notice to the HPPS Entities

Unless otherwise specified otherwise, any notice to HPPS Entities shall be given in writing and sent by certified and registered mail to HPPS Entities, c/o Integrated Services, Inc, P.O Box. 860, Honolulu, HI 96808-0860, Attn: Legal Services Department.

11. Arbitration and Choice of Law

All disputes arising out of or related to this Agreement or the Contract Documents, or their breach, shall be settled by arbitration conducted pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and in accordance with the Arbitration Rules, Procedures & Protocols of Dispute Prevention & Resolution, Inc., then in effect applicable to the Federal Arbitration Act, or pursuant to such other rules as to which the parties may agree, by one arbitrator appointed in accordance with such rules. The parties will cooperate with each other to hold the arbitration in as efficient and expeditious a manner as practicable. Any arbitration proceeding shall be brought in Honolulu, Hawaii under the auspices of Dispute Prevention & Resolution, Inc. Any award rendered by the arbitrator shall be final and binding upon the parties. Judgment upon the award may be entered in any court of record of competent jurisdiction. Each party shall pay its own expense of Arbitration and the expenses of the arbitrator shall be equally shared unless, in the opinion of the arbitrator, any claim by a party, or any defense or objections by the other party, was unreasonable. In that case, the arbitrator may, in his or her discretion, assess as part of the award all or any part of the arbitration expenses, including the other party's reasonable attorney's fees and expenses of the arbitrator, against the party raising such unreasonable claim, defense or objection. Nothing in this Agreement shall prevent the parties from settling any dispute by mutual agreement at any time. This Agreement shall be governed in all respects by the laws of the State of Hawaii without regard to its conflict of laws provisions, and the HPPS Entities and You agree that the sole venue and jurisdiction for disputes arising from this Agreement shall be the appropriate state or federal court located in the city of Honolulu, and the HPPS Entities and You hereby submit to the jurisdiction of such courts.

12. Enforceability of Agreement

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.

13. Relationship of Parties.

You acknowledge that HPPS Entities include Hawaii Medical Service Association, its affiliated companies (such as Hawaii Family Medical Centers, and Integrated Services Incorporated), and certain third party vendors (e.g., healthmedia.com) that will provide services in connection with the HPPS program. None of the provisions of this Agreement are intended to create nor shall be deemed as construed to create any relationship between the parties to this Agreement other than that of parties contracting with each other solely for the purpose of effecting the provisions of these Terms and Conditions of Use.

This Terms of Use Agreement and the associated Privacy Statement constitute the entire agreement between HPPS Entities and you with respect to your use of the Site.

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