TERMS OF USE


Thank you for visiting the Koʻolauloa Health Center web site. By visiting and using this web site, its subpages, or any of its content, you agree to the following Terms of Use.


NOTICE
You have entered a web site owned and operated by Koʻolauloa Health Center. The purpose of this website is for the personal use of both current and prospective patients as well as their families to learn more about and to connect with Koʻolauloa Health Center, a nonprofit health center.  This web site is not, nor is it intended to be, an open public forum, or commercial tool.

DEFINITIOINS
As used in these terms of access and use, “web site” means and refers to all or any portion of an Koʻolauloa Health Center web site, subpages and all content.

As used in these terms of access and use, “content” includes the information, material, documents, text, graphics, images, logos, and programming format, including, but not limited to, metadata, and scripts.

01/ TERMS OF USE
Your use of Koʻolauloa Health Center’s products, software, services and web sites (referred to collectively as the “Services” herein) is subject to the following terms.  For the purposes of these Terms of Use the terms “you”, and “your” are employed to refer not only to the reader individually but also to the reader’s employees, agents or contractors, or any other person working under your direction or upon your behalf as well as to any organization or entity you represent.

You agree not to access or attempt to access any of the Services by any means other than through the interface that is provided by Koʻolauloa Health Center unless you have been specifically allowed to do so in a separate, written agreement to which Koʻolauloa Health Center is a party.  You specifically agree not to access, or attempt to access, any of the Services through any automated means and will ensure that you comply with the instructions set out in any robots.txt file present on the site.

You agree not to use for commercial purposes, or resell, or allow your employees, agents or contractors to use for commercial purposes or resell any of the data derived from these Services unless you have been specifically allowed to do so in a separate, written agreement with the Koʻolauloa Health Center.  Koʻolauloa Health Center reserves the right to deny your access to the Services by whatever means it chooses, and without notice, if it detects a violation of these terms. 

You agree that Koʻolauloa Health Center may take any action necessary, whether at law or in equity, it deems necessary to protect its rights, and the rights of others, hereunder.

If you have questions or want to provide feedback on the Terms of Use, please contact us at: 

By U.S.P.S. Mail at: 

Koʻolauloa Health Center
P.O. Box 395
Kahuku, HI 96731
ATTN: Web Site Feedback

By electronic mail at: 

[email protected]
Subject Line: Web Site Feedback


02/ MONITORING OF WEBSITE
This web site reserves the right to collect navigational information about its users such as:

  • the name of the domain from which the site was accessed;

  • the date and time the site was accessed; and

  • the site address (also known as the URL) of the link clicked to access the site.

For site security purposes, all network traffic is monitored in order to identify potential criminal activity and to secure the web site for its intended use.  In connection with authorized law enforcement investigations and pursuant to required legal process, navigational information may be used to assist in obtaining personally identifiable information.

To protect this web site and systems supporting the web site from unauthorized access and use and to ensure that the system is functioning properly, individuals accessing this web site and the associated systems are subject to having all of their activities monitored and recorded by Koʻolauloa Health Center and its authorized agents.  Any person who accesses or uses this web site, the systems supporting it, or both expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, Koʻolauloa Health Center may provide the results of such monitoring to an appropriate authority. 

Unauthorized attempts to upload or change the content of the web site, or otherwise cause damage to this web site or systems supporting the web site are strictly prohibited and may be punishable by law.

03/ WEBSITE MAY CHANGE WITHOUT NOTICE
This web site is provided as a public service to current and prospective patients of Koʻolauloa Health Center. This web site is dynamic and will change over time WITHOUT NOTICE. Users of this web site are therefore solely responsible for checking the accuracy, completeness, and suitability of content found on the web site themselves.

In addition, Koʻolauloa Health Center may suspend or discontinue some or all of the Services at any time, or it may elect to charge a fee for access to or use of the Services, or this web site and any of its subpages.

04/ NO WARRANTIES
This web site is provided “AS IS” and without warranties of any kind. To the fullest extent of the law, Koʻolauloa Health Center, disclaims all warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, with respect to this web site; this disclaimer of warranties includes but is not limited to disclaimers as regards the following: (1) that the functioning of this web site will be uninterrupted and error-free; (2) that any defects or other errors on this web site will be corrected; and (3) that this web site as well as the systems supporting the web site are or will be free of viruses or other harmful components.

In addition, Koʻolauloa Health Center makes any representations, guarantees, or warranties as to: (1) the accuracy, completeness, or suitability of the information provided via this web site; (2) the use of or the results of the use of this web site; and (3) the accuracy, reliability, availability or completeness or usefulness of the content of web sites created and maintained by persons other than  Koʻolauloa Health Center and linked to or from this web site.

05/ LIMITATION OF LIABILITY
Under no circumstances, including but not limited to, negligence, shall Koʻolauloa Health Center be liable for any special, consequential and/or incidental damages that may result from the use of or the inability to access or use this web site, even if Koʻolauloa Health Center has been advised of the possibility of such damages.  

In no event shall Koʻolauloa Health Center’s total liability to you will exceed the amount paid by you, if any, to access this web site for all damages, losses, and causes of action, whether in contract, tort, including but not limited to negligence, or otherwise.

06/ COPYRIGHT NOTICE
Duplication or use of any content from this web site for commercial purposes or in any manner likely to give the impression of official approval by Koʻolauloa Health Center is prohibited.  Any waiver or other authorization to use of any content from this web site for commercial purposes or otherwise which is not in writing and signed by an authorized representative of Koʻolauloa Health Center is null and void. 

07/ LINKS TO EXTERNAL WEBSITES AND PAGES
This web site may contain links to external sites and pages containing information created and maintained by organizations other than Koʻolauloa Health Center. These links may be created where the linked external web site: (1) is consistent with assisting or furthering the purpose of this web site; (2) provides useful and valuable information to users of this web site; or (3) is required or authorized by law.  The inclusion of a link to an external web site is not intended as an endorsement of any products or service offered or referenced on the linked web site, the organizations sponsoring such web site, or any views which might be expressed or referenced in the linked web site.  These links to external sites and pages may be removed or replaced in the sole discretion of Koʻolauloa Health Center, at any time without notice.  In the event you discover problems with or have concerns regarding the format, accuracy, timeliness or completeness of a linked external web site, please contact the organization responsible for the linked external web site – Koʻolauloa Health Center does not control nor is it responsible for any linked external sites, subpages or content.

08/ NO ENDORSEMENT
Any reference in this web site to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by Koʻolauloa Health Center.

09/ NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this web site please provide the Koʻolauloa Health Center Copyright/DMCA Agent listed below with a written copyright infringement notification as required by the Digital Millennium Copyright Act.  When informing Koʻolauloa Health Center of an alleged copyright infringement, the notification should: (1) Identify the copyrighted work that allegedly has been infringed; (2) Describe the material that is claimed to be infringing and provide sufficient information to permit Koʻolauloa Health Center to locate that material; (3) Provide your contact information, including an address, telephone number, and, if available, an e-mail address; (4) Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law; (5) Certify that the information that you have provided Koʻolauloa Health Center is accurate including an attestation under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed; (6) Include your physical or electronic signature.  Koʻolauloa Health Center may not be able to act on your complaint if any of the above information is not included in the notification.

The above written notification of claimed infringement should be filed with:

Koʻolauloa Health Center
P.O. Box 395
Kahuku, HI 96731
ATTN: Notice of Infringement

10/ JURISTICTION
This web site is provided as a public service to residents of the State of Hawaii using an associated web server located within the State of Hawaiʻi. Any person choosing to access and use this web site is subject to the jurisdiction of the State of Hawaiʻi.

These terms shall be governed by and construed in accordance with the laws of the State of Hawaiʻi. Any dispute arising out of or relating to these terms, or access and use of this web site shall be decided under the laws of and in the state courts in the State of Hawaiʻi, and you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of adjudicating such dispute.

11/ SEVERABILITY
If any provision in these Terms of Use is determined to be unlawful, void or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of the remaining provisions.

Ko`olauloa Health Center receives HHS funding and has federal Public Health Service (PHS) deemed status with respect to certain health or health-related claims, including medical malpractice claims, for itself and its covered individuals.