Terms and Conditions of Use

No Medical Advice. Content on the Sites 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 Sites 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 Sites. In an emergency, call 911 or your local emergency assistance number.

Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HWMG OR HMAA, THEIR RESPECTIVE AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Disclaimer of Warranties. You understand that HWMG and HMAA cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, HWMG AND HMAA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Your use of the Sites, their content, and any services or items obtained through the Sites is at your own risk. The Sites, their content, and any services or items obtained through the Sites are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. HWMG, HMAA, or any person associated with HWMG or HMAA do not make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Sites. Without limiting the foregoing, HWMG, HMAA, or any anyone associated with HWMG or HMAA do not represent or warrant that the Sites, their content, or any services or items obtained through the Sites will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Sites or the servers that makes them available are free of viruses or other harmful components, or that the Sites or any services or items obtained through the Sites will otherwise meet your needs or expectations.

TO THE FULLEST EXTENT PROVIDED BY LAW, HWMG AND HMAA HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Indemnification. You agree to defend, indemnify, and hold harmless HWMG and HMAA, their respective affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Contributions, any use of the Sites’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.

Our Staff. Our staff may include physicians and other medical practitioners including, but not limited to, 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. The information you obtain from the Sites 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, their physicians and other health care professionals.

We 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 the Sites.

Our Business Associates. HMAA has agreements with various entities, which we call our “business associates,” to provide certain services. Our relationships with business associates are based on the type of service they are to provide.

Your Information. Although you may provide individually identifiable health information on the Sites, 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 HMAA’s Notice of Privacy Practices and its Web Privacy Statement.

While HMAA attempts to prevent unauthorized persons from accessing our files or tampering with the Sites, we cannot guarantee that these efforts will always be successful.

HMAA shall have the right to use any questions, comments, or other information submitted by users – without individual identifiers – in books, articles, commentaries, research or similar ways.

Our Information. HMAA 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 Sites.

Information from Others. The Sites may include or provide links to other websites on the internet including, but not limited to, links to our business associates’ Web pages. These other websites may provide opinions, recommendations or other information from various individuals, organizations or companies. The linked sites are not under the control of HWMG and HMAA, nor are HWMG and HMAA responsible for the contents of any linked site or any link contained in a linked site.

In providing such links, HMAA does not investigate the content of such information. HMAA 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 website on the internet, the disclosure, reproduction, sale or distribution of information contained thereon may be prohibited. Your use of third-party websites is subject to the terms of use for such sites. If you decide to access third-party websites that are linked to the Sites, you do so at your own risk.

Subsequent Acquisition. In the unlikely event that HMAA is acquired, our databases (which may contain your protected health information) will be among the transferred assets.

Copyright and Trademarks. The Sites contain copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, displays, images, video, and audio, that are owned by HWMG, HMAA, or their respective affiliates and licensors of such material and are protected by copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws under both United States and foreign laws. Any use of the Sites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property or proprietary rights laws. All names, logos, product and service names, designs and slogans on the Sites are trademarks of their respective owners.

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Sites should be promptly sent in the form of written communication to the Company. All claims must include the following information:

• A physical or electronic signature of the owner of an exclusive right that is allegedly infringed (“Complaining Party”) or a person authorized to act on behalf of the owner;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links to Other Sites. The Sites contain links to third-party websites. These links are provided solely as a convenience to you and not as an indication of endorsement, sponsorship, affiliation, or recommendation by HMAA of the content on such third-party websites. HMAA 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 websites. Your use of third-party websites is subject to the terms of use for such sites. If you decide to access linked third-party websites, you do so at your own risk.

Although HMAA endeavors to warn users when they click on a link to a third-party website that they are leaving the Sites, we do not guarantee that you will receive such an alert. It is your responsibility to determine when you have left the Sites.

Children’s Information. Although parents are free to seek information available on the Sites concerning the health of their children, no person under 18 years old is permitted to use the Sites. HMAA does not direct the Sites 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 Sites. When users enter personal information on the Sites, the user is representing to us that he/she is an adult over 18 years old. We willbe pleased to work with parents and guardians to delete from our records personal information a child may improperly disclose. Please contact our Privacy Officer using the contact information shown below.

Privacy Practices. HMAA believes the privacy of individually identifiable information is important, and we use and disclose individually identifiable information in accordance with  HMAA’s Notice of Privacy Practices and its Web Privacy Statement.

Encryption Technology. The Sites use 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 the Sites.

Links to Other Sites. Users will find other content on the Sites 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.  HMAA’s Notice of Privacy Practices and its Web Privacy Statement does not apply to such other sites. HMAA 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 HMAA’s privacy practices should be directed to our Privacy Officer at the contact information shown below.

Information supplied by HMAA is provided “as is,” and neither HMAA nor any of its staff, business associates or agents make any representation or warranty with respect to the contents of the Sites and related websites or information furnished by them or our agents, employees, business associates 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 Sites, you hereby expressly agree that HMAA 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 Sites or any information you obtain on it or any other interaction with HMAA. In doing so, you agree that you are waiving voluntarily and unequivocally any liability of HMAA.

HMAA 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 Sites. With respect to other communications to the Sites, HMAA 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, the clause or provision determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.

Any notice to HMAA shall be given in writing and sent by certified and registered mail to HMAA at the address shown below.

The application of these provisions, disclosures and disclaimers and all other matters arising from your use of the Sites or of any information you obtain from HMAA 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 the Sites or any information you receive from the Sites 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.

HWMG and HMAA make no representations, promises, warranties or undertakings contrary to those set forth above.

If you have any questions or wish to make a request regarding the matters covered by these Terms and Conditions, please contact:

HMAA Privacy Officer, 220 South King Street, Suite 1200, Honolulu, Hawaii 96813
Phone (808) 941-4622 / Toll-Free (888) 941-4622