Terms of Use

Section 1. General Information About the Site

The Site is a product of, and provided by, the 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 of Use set forth here.

Health information provided on the Site is intended to be informative, not to replace consultation with a health care provider. You should not use information from the Site to diagnose or treat a health problem or disease. Island Scene encourages you to consult your health care provider with any questions or concerns you may have regarding your condition.

Island Scene 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 Island Scene.

HMSA may revise and update these Terms of Use at any time. Please periodically review the Terms of Use posted on the Site because your continued use of the Site will mean that you accept those changes.

Section 2. 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 CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. DO NOT RELY ON THE CONTENT OF THE SITE OR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Please do not send personal medical questions or any information other than requested on the designed screens to Island Scene via the Site. If you choose to do so, HMSA does not guarantee that it will respond or act upon those messages.

Section 3. General Information About HMSA

Our Staff. 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.

HMSA 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 the Site, and they should not be considered to be in a clinical or treatment relationship with you.

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 Site.

The Site provides links to HMSA’s Online Care website, which does offer health care services. These Terms of Use do NOT apply to HMSA’s Online Care website. Please review the Terms of Use for HMSA’s Online Care website if you wish to use those services.

Our Business Associates. HMSA has agreements with various entities, which we call our "Business Associates," to provide services in connection HMSA’s programs. Our relationships with Business Associates are based on the type of service they are to provide.

Our Information. Island Scene strives to be a valuable resource of timely information for our users. We cannot ensure that information we provide is exhaustive or complete or that it will necessarily include all of the most recent information available. You should contact Island Scene at the address provided below if you have any concerns regarding the accuracy or timeliness of benefits or other information displayed on, or received from, this Site.

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 4. Your Use of the Site

Copyright and Trademarks. The name "Island Scene" and "islandscene.com" 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 Island Scene retains all rights, titles, and interests in and to the Content; all copies thereof; and all copyrights and other proprietary rights therein.

Upon acceptance of these Terms of Use, Island Scene 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 Island Scene.

Island Scene 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. Also, you agree that Island Scene may use information that you supply through the Site for the purpose of providing you personalized health information on the Site.

Section 5. Third Parties and External Links

The Site 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.

Links to third-party websites are provided solely as a convenience to you and not as an endorsement or recommendation by Island Scene of the content on such third-party websites, or as an indication of any affiliation, sponsorship, or endorsement of or by such third-party websites. Island Scene 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. 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 on those sites 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 this site, you do so at your own risk.

Although Island Scene endeavors to warn users when they click on a link to a third-party website that they are leaving islandscene.com, 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 websites associated with Island Scene endeavor to warn users when they click on a link to another Island Scene-affiliated website or to third-party sites. Island Scene does not guarantee that you will receive such an alert.

Section 6. HMSA’s Privacy Policy

Your Information. HMSA believes the privacy of individually identifiable information is important, and we use and disclose individually identifiable information only in accordance with HMSA’s Notice of Privacy Practices and the islandscene.com Privacy Statement. By entering and using the Site, you acknowledge that you have read and understood these Terms of Use, HMSA’s Notice of Privacy Practices, and the islandscene.com Privacy Statement, and that you agree to abide by them. Also, you agree that Island Scene may use information that you supply through the Site for the purpose of providing you information on the Site.

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 Rules, considered information we maintain in a designated record set. Such information, however, will be treated as protected health information, as discussed in HMSA’s Notice of Privacy Practices and the islandscene.com Privacy Statement.

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

Encryption Technology. The website islandscene.com 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 islandscene.com.

Privacy Policies of Other Sites. Users will find content on the Site that enables linking to the sites of our Business Associates and other third parties. These third-party sites may have their own privacy policies or no policy at all. The islandscene.com Privacy Statement and HMSA’s 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.

Section 7. Disclaimers And Other Information

INFORMATION SUPPLIED BY ISLAND SCENE 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 WEBSITES 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.

Island Scene does not make any representation or warranty that there will be no 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.

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.

Notice to Island Scene. Unless otherwise specified here, any notice to Island Scene shall be given in writing and sent by certified and registered mail to Island Scene, P.O Box 3850, Honolulu, HI 96812-3850, Attn: Publisher.

Questions regarding Island Scene’s privacy practices should be directed to feedback@islandscene.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 Terms of Use or applicable law.

Arbitration, Jurisdiction, and Choice of Laws. 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 Island Scene shall be governed by the laws of the United States of America and the state of Hawaii. You agree that 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 resolved by binding arbitration. Before arbitration actually starts, both parties (you and HMSA) must agree on one arbitrator who will review the positions of both parties and make the final decision to resolve the disagreement. If we both cannot agree within thirty (30) calendar days of your request for arbitration, either party may ask any court of competent jurisdiction in Honolulu, Hawaii, to appoint an arbitrator. The arbitration hearing shall be in Honolulu, Hawaii. The arbitration shall be conducted in accord with the Federal Arbitration Act, 9 U.S.C. 1 et seq., and such other arbitration rules as both parties agree upon. HMSA will pay the arbitrator’s fees. You must pay your attorneys’ and witness’ fees, if you have any, and HMSA must pay for ours. The arbitrator will decide who will pay all other costs of the arbitration. The decision of the arbitrator shall be final and binding on you and HMSA and no action may be brought in any court in connection with the decision except as provided under the Federal Arbitration Act.

Relationship of Parties. You acknowledge that HMSA is an independent plan operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield plans ("Association") permitting HMSA to use the Blue Cross and Blue Shield service mark in the state of Hawaii, and that HMSA is not contracting as the agent of the Association. 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 affecting the provisions of these Terms of Use.

YOU AFFIRM 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.

ISLAND SCENE MAKES NO REPRESENTATIONS, PROMISES, WARRANTIES, OR UNDERTAKINGS CONTRARY TO THOSE SET FORTH ABOVE.