Updated November 4, 2022
Acceptance of Terms
Types of Users
Any person accessing the Website or other Services provided by Us through this Website, either manually or via an automated device, handheld device, application or program, to the extent permitted hereunder, shall be considered a "User." All Users are bound by the terms of this User Agreement. All Users must be at least 18 years of age. All Users are referred to in this User Agreement as “User” or “You”.
Acceptable and Lawful Use; No Endorsement of Content
Users shall comply with all appropriate laws, statutes, and regulations regarding the use of this Website. The Entity makes no representations or endorsements regarding the quality, accuracy, and reliability of information posted on the Website.
Protecting Your Information
You should keep any correspondence You receive relating to the Website and Services (including, but not limited to, Your user ID, passwords, other registration information, e-mails, or any other information) confidential and in a safe place. If other people have access to Your computer, handheld device, user ID or password, or other personal information, they may be able to access information You have obtained from the Website and Services. The Entity is not responsible for the security of privacy of any such information under these circumstances. You agree to notify Us at email@example.com if You learn of or suspect any loss or unauthorized use of Your login information (user ID or password). The Entity is also not responsible for the security of Your internet access Services provider, and You should review their security and privacy policies carefully.
You agree to use the dispute resolution procedures set forth herein with respect to any controversy or claim arising out of or relating to this User Agreement or its breach. Any dispute between You and the Entity arising out of or in connection with this User Agreement shall be settled by a binding arbitration in San Diego, California, in accordance with the then-current rules and procedures of Judicial Arbitration and Mediation Services, Inc. (JAMS). The arbitrator shall apply the law in accordance with the laws of the State of California. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You agree that any provision of law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. Any disputes between You and other users of this Website are not the responsibility of the Entity.
Governing Law; Attorneys' Fees
Although this Website may be accessed by any User worldwide, the Website and Services are intended only for use by United States residents, are presented solely as a service to visitors and subscribers located in the United States of America ("U.S.") and its territories, and therefore may not comply with legal requirements of foreign countries. Users residing outside of the U.S. and its territories who access and use this Website do so at their own risk and are responsible for complying with any of their foreign country's laws. This User Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law. In any action to enforce this User Agreement, the expenses of the arbitration, including reasonable attorney's fees, will be paid for by the party against whom the award of the arbitrator is rendered.
The Website and Services contain copyrighted works, trademarks and other proprietary material owned by the Entity or Our information providers. This Website is protected by federal and international copyright and trademark laws. If no restrictions are displayed, You may print, download, or make copies of materials, including this User Agreement, from the Website and Services for Your own personal and non-commercial use only. You may also print information a reasonable number of copies regarding available plans, but in such case, You must reproduce all proprietary copyright and trademark notices. Except as just provided, You may not copy, reproduce, publish, post, transmit, display, store, sell, sublicense, transfer or distribute material or images, or reverse engineer, decompile, disassemble, modify or create derivative works from the Website and Services without prior express written permission from an employee of the Entity who has the authority to grant such permission. In addition, You may not modify, alter, revise, paraphrase, omit, change, create derivative works, or modify or obliterate any copyright notice or other warning on any material or images from the Website or Services without prior express written permission from an employee of the Entity who has the authority to grant such permission. Any rights not expressly granted by this User Agreement or any applicable end-user license agreements are reserved by the Entity. All rights, title and interest in and to the Website, including the content and the Services, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Entity and Our licensors and vendors, and no ownership interest is transferred to You or any other entity by virtue of making the content and the Services available on the Website or entering into this User Agreement.
In the event You choose to provide Us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential, and nonproprietary. You hereby grant the Entity a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute Your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Some websites operated by the Entity include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
Disclaimer of Warranties
The Entity provides access to this Website and Services "as is" and without any warranty or condition, express, implied or statutory. The Entity specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement. User assumes total responsibility and risk for use of this Website, Website-related Services or information, and hyperlinked websites. Services and information provided by hyperlinked websites or third parties may be subject to the additional terms and conditions of those providers. The Entity makes no warranty that the Website or Service will meet User requirements, or that service will be uninterrupted, timely, secure or error free, nor do We make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Website or Service or that any defects will be corrected. The Entity makes no warranty regarding any goods or Services purchased through the Website or through hyperlinked websites. No advice or information, whether oral or written, obtained by a User from The Entity shall create any warranty not expressly made herein.
Changes to the Website
We may change, add or remove some or all of the Website or Services at any time. In addition, please note that although Our goal is to provide accurate information, certain features that may be offered through this Website, such as participating healthcare providers, pricing information or other content, may not be accurate or up to date. In addition, please note that features of any plan or plans described in this Website may change over time as permitted by law, including benefit levels, items included in any formulary, pricing or lists of participating providers or other associated vendors.
Other Limitations of Liability
The Entity cannot and will not assume any liability for unauthorized or fraudulent use of the Website and Services. By accessing the Website and Services, You agree to hold harmless and waive all claims against the Entity and Our related parties regarding the information provided and Your use of it. In addition, You agree that under no circumstances will We or Our related parties be liable to You for any direct, indirect, incidental, special, consequential, punitive or exemplary damages - even if We have been advised of the possibility of such damages - or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of Our negligence or whether We knew or should have known of the possibility of such damages. Our entire liability and Your exclusive remedy with respect to any dispute or claim related to the Website and Services is You stopping Your use of the Website and Services. The limitations of liability provided in this User Agreement inure to the benefit of the Entity and to all of Our respective officers, directors, employees, attorneys and agents. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
We will notify You of any claim made by a third party for liability or expense arising from Your use of the Website and Services, in whole or in part, directly or indirectly. You in turn agree to indemnify, defend, and hold harmless the Entity and its affiliates, respective officers, directors, employees, contractors, agents, and other related parties for any such claim, including reasonable attorneys' fees. This section shall survive termination of the User Agreement.
Medical and Other Advice
The information provided by Us is not intended as medical, insurance, financial, legal or other professional advice. All information on the Website and Services is for Your educational and informational purposes only. This information is not intended as a substitute for consultation with Your doctor or other licensed medical professional and should NOT be used to diagnose or treat a health problem. You should consult with Your doctor to assist in evaluating the appropriateness of any information provided by the Website and Services. You should never disregard, avoid or delay obtaining medical advice from a licensed professional because of something in the Website or Services. In no event will the Entity be responsible for any decision made or action taken in reliance on the information contained in the Website and Services.
User's Use of the Website and Services
You agree to use the Website and Services only for lawful purposes and in a manner consistent with their intended use and this User Agreement. We may, at any time and without notice, prohibit access to the Website and Services to any individuals whom We determine are using the Website and Services in a way not permitted under this User Agreement, or is restricting or prohibiting any other user from using or enjoying the Website and Services, or whose conduct might constitute a criminal offense, result in civil liability, or otherwise violate any applicable local, state, national or international law.
Examples of prohibited uses of the Website and Services include, but are not limited to: (a) sharing of personal medical/prescription information with an unauthorized third party; (b) placement on the Website and Services of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Website and Services; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the operation of the Website and Services; (d) linking to or insertion of links to other sites of whatever character; (e) unauthorized changes to any data or information supplied by the Website and/or Services; (f) any activity that infringes on the copyright, patent, trademark or other rights of any other person or organization; (g) any use of this Website or Services in any way not explicitly permitted by this User Agreement or the text of the Website itself; (h) copying, modifying, or creating derivative works involving the Website or Services, except You may print a reasonable number of copies for Your personal use; (i) mispresenting Your identity or providing Us with any false information in any information-collection portion of this Website, such as a registration or enrollment application page; (j) accessing or attempting to access any portion of this Website to which You have not been explicitly granted access; (k) sharing any password assigned to You with any third parties or use any password granted to a third party; (l) taking any action intended to interfere with the operation of this Website; and (m) directly or indirectly authorizing anyone else to take actions prohibited by this User Agreement. Any unauthorized entry (commonly referred to as "hacking") into any portion of the Website or Services may constitute a crime under state and/or federal law and Users conducting such activity will be subject to prosecution of these violations to the fullest extent permitted by law. In addition, the Entity hereby reserves all of its rights and remedies. Anyone using this Website and Services in violation of this User Agreement will be liable to the Entity for any and all damages suffered by Us.
The use of "We," "Our," “Us,” or "The Entity", in the above refers to Peoni Health, Inc. and its affiliated entities including, but not limited to, Hawaii Mainland Administrators, LLC.