Web Site Terms and Conditions of Use

The HawaiiDermSocieity.org website (the “Site”) is an on-line information and communication service provided by the Hawaii Dermatological Society, and hosted and managed by Hawaii Pathologists’ Laboratory, LLP, a Hawaii limited liability partnership.  References to HDS herein shall collectively refer to the Hawaii Dermatological Society and Hawaii Pathologists’ Laboratory, LLP.  This Internet Web Site Agreement (the “Agreement”) is between you and HDS.  Use of the Site signifies your agreement to the terms and conditions of use set forth below in this Agreement.

The clinical information contained within the healthcare professionals section of the Site is intended for the use of healthcare professionals only. Healthcare professionals should exercise their own clinical judgment when using the content on the Site, as well as any tools or databases available on the Site.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.  BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.  HDS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

We may monitor your use of the Site, and may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose. HDS has a specific Privacy Policy that describes the information HDS collects through your use of the Site, and the limitations HDS agrees to place on its use of such information. That Privacy Policy is hereby incorporated as part of this Agreement and may be viewed on the Site by clicking on the following: Privacy Policy.

Accessing the Site

To use the Site you will be directed to contact and register with HDS to create a user account.  By submitting your information to HDS, you grant HDS a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in a manner consistent with HDS’s Privacy Policy.  As part of the registration process, you will be asked to submit your name, telephone number, email address, mailing address, and a password.  You agree that all information you provide to HDS for purposes of creating an account (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this Agreement and may result in the immediate termination of your account.  You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your password, and (iii) properly exit from your account at the end of each session. You shall not (a) select or use an email address or telephone number of another person, (b) use a name subject to the rights of any other person without authorization, or (c) allow any other party to use your account and/or password. You agree to immediately notify HDS of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password.  You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if you did not commit such activities.  HDS is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Copyright

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Site (“Content”) are only for educational use. Many of the materials contained on the Site are protected by copyright, and are owned or controlled by HDS or the party credited as the provider of the Content. You agree that you will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. You may download and make one (1) copy of the Content and other downloadable items displayed on this Site for educational use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than educational use is expressly prohibited without the prior written permission from HDS or the copyright holder identified in the individual Content's copyright notice.

Certain public documents are made available on the Site. Although HDS attempts to reflect those public documents accurately on the Site, HDS is not responsible for any errors or omissions that may occur in its reporting of those public documents. If the information is critical to you, you should check with the original government source of those documents to confirm their accuracy.

Trademarks

You acknowledge that the Site may include certain trademarks and service marks owned by HDS, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright, or other notice from any copies of the Content.

License

You agree to grant to HDS a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to HDS, by all means and in any media now known or hereafter developed. You also grant to HDS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against HDS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to HDS.

Changes to Terms and Conditions and the Site

HDS reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Site. Your continued usage of the Site or any of its services will mean you accept those changes.

HDS may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or Content. HDS may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. HDS reserves the right to make changes, corrections, and improvements to the Site, and to the products and programs described in the Site, at any time without prior notice to you.

Representations of Use

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which (i) violates the Privacy Rules of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, (ii) contains protected health information (PHI), (iii) restrict or inhibit any other user from using and enjoying the Site, (vi) are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (v) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (vi) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (vii) contain a software virus or other harmful component, including, without limitation, viruses or components designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (viii) contain any information, software or other material of a commercial nature, (ix) contain advertising of any kind, or (x) constitute or contain false or misleading indications of origin or statements of fact; or (xii) solicit personal information from anyone under the age of 18; and (b) that you are at least eighteen (18) years old. HDS may delete any content that in its sole judgment may be offensive, illegal, or inappropriate, or which otherwise violates these Terms and Conditions.  HDS assumes no responsibility for the content or material posted on the Site, no obligation to monitor inappropriate content and has no responsibility for the conduct of any user submitting offensive, illegal, or otherwise inappropriate content or material on or to the Site. You shall assume sole liability and responsibility for any content, material, or information that you post or transmit on or through the Site.

Indemnification

You hereby agree to indemnify, defend and hold HDS, and all its partners, officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees and the assigns of the same (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You agree you will cooperate as fully as reasonably required in the defense of any claim. HDS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HDS.

No Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.”  YOUR ACCESSING THE SITE ACKNOWLEDGES YOUR AGREEMENT AND UNDERSTANDING THAT THE CONTENT CONTAINED ON THE SITE HAS BEEN PROVIDED BY OTHER SITE USERS.  AS A RESULT, YOU MAY BE EXPOSED TO CONTENT OR MATERIAL FROM A VARIETY OF SOURCES.  HDS IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR MATERIAL. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR MATERIAL THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, THAT YOUR ACCESS TO THE SITE WILL BE AT YOUR OWN RISK, AND THAT YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST HDS WITH RESPECT THERETO.   TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HDS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHERMORE, HDS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HDS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HDS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER HDS, ITS SUBSIDIARIES, OR ITS AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER HDS, ITS SUBSIDIARIES OR AFFILIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

The Site may contain LINKs and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. LINKs to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by HDS or any of its subsidiaries or affiliates of any third party resources, or their contents. HDS cannot and does not control any of these links and is not responsible for any content appearing on web sites linked to or from the Site, or for any personal information gathered at such independently operated websites.  You should read and understand the terms and conditions and privacy policy of the other web sites that you may visit.

The Site may contain inaccuracies or typographical errors or omissions. We regret any such errors, but will not be bound by any such errors. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Site.

The Site forums, content, bulletin board, chat rooms, and message boards (collectively “Forums”) are provided to give users an interesting and stimulating forum in which they can express their opinions and share their ideas. We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Site Forums for advertising or promotional materials or other forms of solicitation, unless expressly allowed in writing by HDS. Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.

Given the nature of the Site and the volume of messages and postings, HDS cannot and does not monitor all of the material posted or transmitted by users and third party information providers. While you agree that the HDS will not be liable for such third party content, we reserve the right to delete, move or edit any communications which we deem in our sole discretion to be violative of this agreement; harmful to individuals or communities; obscene; defamatory; in violation of HDS's or any third party's rights; or otherwise unacceptable.

Your Content

You are solely responsible for any content, whether written or recorded, that is posted, uploaded, published or placed on the Site, and that is transmitted through any and all media, which shall include but not be limited to, Forums, chat rooms, video recordings, sound recordings, bulletin boards, web logs (aka blogs), or message boards (collectively “Your Content”).  As a result, HDS does not and will not endorse Your Content or any opinion, recommendation, or advice expressed therein, and HDS expressly disclaims and will not be responsible for any and all liability in connection with Your Content.

By submitting Your Content to the Site, you affirm, represent, and/or warrant: (a) that you own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content; (b) that you have the present ability and do hereby grant to HDS rights to Your Content to allow HDS to use Your Content in a manner consistent with this Agreement; and (c) that you have the written consent, release, and/or permission of each and every identifiable individual person, entity or place depicted in Your Content that will allow you and HDS to use the name or likeness of each and every such identifiable individual person, entity or place in a manner consistent with this Agreement.

By submitting Your Content to the Site, you hereby grant to HDS a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, copy, manipulate, prepare derivative works of, display, publicly perform, reproduce, transmit, modify, translate, publish, edit and otherwise exploit Your Content, in all media now known or hereafter developed.  By submitting Your Content to the Site, you also hereby grant to each user of the Site a non-exclusive license to access Your Content, and to use, reproduce, distribute, prepare derivative works of, display and publish Your Content as permitted through the features and functionality of the Site and under this Agreement. 

You hereby waive all rights to any claim against HDS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Your Content. You also agree to indemnify and hold HDS harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of Your Content.  You further grant HDS the right to use your name in connection with the reproduction or distribution of such material.

You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, and in which you are not the owner, or in which you do not have rights to or do not have permission from the proper owner to post, upload or publish the material and to grant HDS all of the license rights granted in this Agreement.  You agree not publish falsehoods or misrepresentations.  You agree not to submit material that is unlawful, in violation of HIPAA, considered PHI, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

We do not accept unsolicited materials or ideas for use or publication in the Site, or other digital and electronic media (except in connection with Forums on the Site). HDS shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Site. You acknowledge that your transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to HDS, no confidential, fiduciary, contractually implied or other relationship is created between you and HDS other than pursuant to this Agreement.

Protected Health Information.

"Protected Health Information", or PHI, shall have the meaning defined by the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. Part 160 and Subparts A and E of Part 164, as promulgated by the Department of Health and Human Services pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996. You certify that prior to uploading or posting Your Content, you have de-identified Your Content of PHI, Your Content does not require the individual privacy protections required by HIPAA, and Your Content is not covered by HIPAA’s Privacy Rule.  You agree that HDS is not a covered entity or business associate under HIPAA in connection with the Site or Your Content.  You will be responsible for determining if the uploading or posting of Your Content must be accounted for as a disclosure under HIPAA, and if so, you will agree to abide by the requirements of HIPAA in that regard.  By uploading or positing Your Content, you certify that you have received no restrictions on the use of Your Content or that your uploading or posting of Your Content is not in violation of that restriction, and that you are not uploading or posting Your Content under an exception to HIPAA’s Privacy Rule (i.e. health research).  HDS RESERVES THE RIGHT TO REMOVE ANY DATA OR INFORMATION THAT IT BELIEVES CAN BE USED TO INDENTIFY THE SUBJECT OF THE DATA OR INFORMATION, OR THAT IS OTHERWISE IN VIOLATION OF HIPAA.

Governing Law and Jurisdiction

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF HAWAII.

Miscellaneous

Unless you have signed a separate agreement with HDS in connection with your use of the Site, this Agreement constitutes the entire agreement between HDS and you with respect to your use of the Site.  If you signed a separate agreement with HDS in connection with your use of the Site both agreements shall be construed together, and if there is a conflict, the terms and conditions of this Agreement shall govern unless expressly stated otherwise. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. HDS's failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.  HDS may assign its rights and obligations under this Agreement without prior written consent.

Contact Information

HDS respects the rights of all copyright holders and in this regard, HDS has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders who infringe upon the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HDS's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line 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;

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.


HDS’s Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

HDS Copyright Agent
702 S. Beretania Street, Suite B100
Honolulu, HI 96813
Email: info@HawaiiDermSociety.org

For any questions or requests other than copyright issues, please contact info@HawaiiDermSociety.org