Website Terms of Use

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING OUR LIABILITY. PLEASE ALSO NOTE THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION SECTION THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE DETAIL IN OUR DISPUTE RESOLUTION SECTION. You agree that personal information you provide through the Website shall be governed by the Website Privacy Policy, which is hereby incorporated and made part of these Terms.  By accessing the Website, you agree to be bound by these Terms. QHS reserves the right to change these Terms from time to time at its sole discretion without notice.

No Medical Advice

This Website is intended for general, noncommercial, informational purposes only. The information and Content on the Website: (1) does not constitute the practice of medicine or any other professional judgement, advice, diagnosis, or treatment; (2) is not provided in the course of a professional relationship between a health care provider and a patient, (3) is not intended to create any patient relationship, and (4) should not be considered a replacement for consultation with a health care professional. If you have any health problems or health care-related questions, please contact your health care provider promptly.  IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR DIAL 911 RIGHT AWAY.

Intellectual Property

The Website may contain (i) materials and other items relating to QHS and its services, including software, layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, interactive features, and the “look and feel” of the Website; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of QHS; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). The Website and its Content are the sole property of QHS, and are provided to you without charge as a convenience and for your informational purposes only.  Any reproduction or redistribution of the Website or its Content beyond personal use is prohibited without the express written consent of QHS. Permission is granted to the media to reprint any of the press releases on this Website as long as QHS is clearly referenced in the publication. Any rights not expressly granted herein are hereby reserved.

Limited License

QHS grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to display, view, or use the Website or its Content solely for your personal, non-commercial use. The foregoing limited license does not give you any ownership of, or any other intellectual property in, any Content. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Acceptable Use

You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms. QHS reserves the right to deny access to any part of the Website at our sole discretion.  Specifically, you agree that you will not:

• use the Website for any purpose in violation of local, state, national, or international laws;
• use the Website or Content for any political or commercial purpose;
• engage in any activity in connection with the Website or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to QHS;
• attempt to disable, hack, or otherwise interfere with the proper functioning of the Website;
• harvest, scrape, reverse engineer, create a derivative work, or modify any information from the Website or Content;
• attempt to bypass our robot exclusion headers or circumvent any other measures QHS may use to prevent or restrict access to the Website;
• infringe any intellectual property or other right of any third party;
• impersonate another person;
• use the Website or Content in a manner that suggests an unauthorized association with QHS or any other party, or is beyond the scope of the limited license granted to you;
• transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other rogue programming or items of a destructive nature;
• change or delete any proprietary notices from materials downloaded or printed out from the Website; or
• otherwise violate these Terms.

You further agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. Violation of these Terms may result in civil or criminal liability. QHS may investigate potential violations, which may include cooperation with law enforcement authorities and/or pursuing prosecution of users who are involved in such violations. 

Confidentiality

Please be aware that most information transmitted over the Internet is not secure and confidentiality cannot be guaranteed. Information of a confidential, proprietary, or privileged nature should not be sent through the Website. 

Other Online Properties

The Website may include links to other features, websites, or other online platforms. These links are provided as a service to you. QHS is not responsible for these other websites or platforms, and is not responsible for the content of any third-party link. As such, QHS does not control, review, or take responsibility for such third-party platforms and websites, and their content. To the fullest extent permitted by applicable law, you acknowledge and agree that QHS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such content, goods, or services available on or through any such third-party website or platform.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS. QHS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, RELIABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS ALSO INCLUDES ANY WARRANTIES THAT MAY ARISE FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  QHS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE, OR OTHER MATERIAL PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY. QHS IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEBSITE. QHS WILL REGARD ALL ACCESS AS VOLUNTARY AND AT YOUR SOLE RISK. QHS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR ITS CONTENT WILL BE FREE OF ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES. QHS TAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEMS, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE WEBSITE.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND LINKED ONLINE PROPERTIES. QHS DOES NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

LIMITATION OF LIABILITY; INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QHS, AS WELL AS ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, THE “QHS PARTIES”), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTIONS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT. YOU AGREE THAT QHS WILL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT, OR COPYRIGHT INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF QHS TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITE IS $50 (FIFTY DOLLARS). In consideration for QHS permitting you to use the Website, you expressly release and hold harmless the QHS Parties from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the Website, whether arising from negligence or any other acts or omissions by QHS. You will also indemnify and hold harmless the QHS Parties against all actual and direct losses, liabilities, claims, costs, or expenses (including reasonable attorneys’ fees) they may suffer as the result of third-party claims, demands, actions, investigations, settlements, or judgments against them arising from or in connection with any breach of these Terms, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents or agents. This Section (“Limitation of Liability; Indemnification”) will survive termination of these Terms. This limitation may not be enforceable in all jurisdictions. 

DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, DISPUTE, OR ACTION.  The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the use of the Website or these Terms (including the Website’s use of cookies and other similar online tracking technologies), including any past, currently pending, existing, or future Disputes of any kind.  You agree to notify QHS in writing, within one year of the date of the commencement of the Dispute, of any Dispute before initiating legal action so that we can try to resolve the Dispute informally and individually. Notice by you to QHS will be sent by email to compliance@queens.org or by mail to 1301 Punchbowl Street, Honolulu, Hawaii 96813, ATTN: Legal. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address, a brief description of the Dispute, and the specific relief sought. You and QHS then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute within thirty calendar days of receiving the notice. To the maximum extent allowed by applicable law, you and QHS agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and QHS each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. 

General

Governing Law. You agree that these Terms are governed by and will be construed in all respects under the laws of the State of Hawaii, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under these Terms or related to the Website, you irrevocably agree to submit to the exclusive personal jurisdiction of the state or federal courts located in or serving Honolulu County, Hawaii. You waive any jurisdictional, venue, or inconvenient forum objections to such court. Construction. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. No Waiver. QHS’s failure to enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.  QHS’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of QHS’s obligation to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by QHS with respect to such use.  Severability. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed severable from these Terms; the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms, which will continue in effect.  No Assignment. These Terms are not assignable, transferable, or sublicensable by you except with QHS’s prior written consent.

Contact Information

If you have any questions regarding these Terms, please email compliance@queens.org.