Terms of Use

 

Welcome to Honolulu Vision Care Center’s website, honoluluvision.com (the "Site"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By entering and using the Site, you affirm that you have read and understood these Terms of Use and that you agree to abide by them. If you do not agree to abide by the Terms of Use, you may not enter, access, or otherwise use this Site.

 

Section 1. General Information About the Site

The Site is a product of, and provided by, Nora M. Y. Chan, O.D., Inc. dba the Honolulu Vision Care Center ("HVCC"). 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. HVCC encourages you to consult your health care provider with any questions or concerns you may have regarding your condition.

 

HVCC 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 HVCC.

 

HVCC 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 HVCC via the Site. If you choose to do so, HVCC does not guarantee that it will respond or act upon those messages.

 

Section 3. General Information About HVCC

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.

 

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.

 

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

 

In the unlikely event that HVCC 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 "HVCC," and associated logos are proprietary trademarks and service marks of HVCC.

 

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 HVCC 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, HVCC 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 HVCC.

 

HVCC 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 HVCC may use information that you supply through the Site for the purpose of providing you personalized health information on the Site and in connection with services provided to you by HVCC.

 

Children’s Information. No person under 18 years old is permitted to use the Site. Adults should not assist minors in accessing the Site. When users enter personal information on our Site, the user is representing to us that he or she is an adult over 18 years old.

 

Section 5. Third Parties and External Links

The Site may include or provide links to other websites on the Internet.  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 HVCC 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. HVCC 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 HVCC endeavors to warn users when they click on a link to a third-party website that they are leaving Honoluluvision.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 HVCC and its affiliated products and companies endeavor to warn users when they click on a link to another HVCC-affiliated website or to third-party sites. HVCC does not guarantee that you will receive such an alert.

 

Section 6. HVCC’s 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 Rules, considered information we maintain in a designated record set.

 

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

 

Privacy Policy of Other Sites. Users will find content on the Site that enables linking to the sites of other third parties. These third-party sites may have their own privacy policies or no policy at all. HVCC 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 HVCC IS PROVIDED "AS IS," AND NEITHER HVCC 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 HVCC 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 HVCC 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 HVCC. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF HVCC.

 

HVCC 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 HVCC. Unless otherwise specified here, any notice to HVCC shall be given in writing and sent by certified and registered mail to Honolulu Vision Care Center, 377 Keahole Street, Honolulu, HI 96825.

 

Questions regarding HVCC’s privacy practices should be directed to vcchawaiikai@gmail.com.

 

Indemnification. You agree to defend, indemnify, and hold HVCC, 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 HVCC 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 HVCC) 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. HVCC will pay the arbitrator’s fees. You must pay your attorneys’ and witness’ fees, if you have any, and HVCC 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 HVCC and no action may be brought in any court in connection with the decision except as provided under the Federal Arbitration Act.

 

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.

 

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