TERMS OF USE CALMED HAWAII
\nTERMS OF USE AGREEMENT
Version Date: September 01, 2023
\n\n This Terms of Use Agreement (“Agreement”), along with our Company\n Privacy Policy\n (https://calmedhawaii.com/privacy), constitutes a legally binding agreement made between you, whether\n personally or on behalf of an entity (“user” or “you”) and CalMed\n Hawaii and its affiliated companies, Websites, applications and tools\n (collectively, CalMed Hawaii, “Company” or “we” or “us” or “our”),\n concerning your access to and use of the\n https://calmedhawaii.com/ \n Website as well as any other media form, media channel, mobile\n website or mobile application related or connected thereto\n (collectively, the “Sites”). The Sites provide the following service:\n Durable Medical Equipment, Lactation Resources and Education, online\n ordering, online shopping. (“Company Services”). Supplemental terms\n and conditions or documents that may be posted on the Sites from time\n to time, are hereby expressly incorporated into this Agreement by\n reference.\n
\n\n Company makes no representation that the Sites is appropriate or\n available in other locations other than where it is operated by\n Company. The information provided on the Sites is not intended for\n distribution to or use by any person or entity in any jurisdiction or\n country where such distribution or use would be contrary to law or\n regulation or which would subject Company to any registration\n requirement within such jurisdiction or country. Accordingly, those\n persons who choose to access the Sites from other locations do so on\n their own initiative and are solely responsible for compliance with\n local laws, if and to the extent local laws are applicable.\n
\n\n All users who are minors in the jurisdiction in which they reside\n (generally under the age of 18) are not permitted to register for the\n Sites or use the Company Services.\n
\n\n YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING\n SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND\n ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY\n THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS\n AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR\n ACCESS THE COMPANY SERVICES OR THE SITES.\n
\nPURCHASES; PAYMENT
\n\n CalMed Hawaii offers products and services. CalMed Hawaii will bill\n you through Insurance for our products. If purchase products via our\n retail site, CalMed Hawaii uses Stripe for credit card payment\n processing. By using our paid options you agree to pay CalMed Hawaii\n all charges at the prices then in effect for the products or services\n you or other persons using your billing account may purchase, and you\n authorize CalMed Hawaii to charge your chosen payment provider for any\n such purchases. You agree to make payment using that selected payment\n method. If you have ordered a product or service that is subject to\n recurring charges then you agree to us charging your payment method on\n a recurring basis, without requiring your prior approval from you for\n each recurring charge until such time as you cancel the applicable\n product or service. CalMed Hawaii reserves the right to correct any\n errors or mistakes in pricing that it makes even if it has already\n requested or received payment. Sales tax will be added to the sales\n price of purchases as deemed required by Company. Company may change\n prices at any time. All payments shall be in U.S. dollars.\n
\nREFUND AND RETURN
\n\n For more information on our return and refund policy please visit:\n https://calmedhawaii.com/return.\n
\nUSER REPRESENTATIONS
\nRegarding Your Registration
\n\n By using the CalMed Hawaii Services, you represent and warrant that:\n
\n- \n
- \n all registration information you submit is truthful and accurate;\n \n
- you will maintain the accuracy of such information; \n
- \n you will keep your password confidential and will be responsible for\n all use of your password and account;\n \n
- \n you are not a minor in the jurisdiction in which you reside, or if a\n minor, you have received parental permission to use our Sites;\n \n
- \n your use of the Company Services does not violate any applicable law\n or regulation.\n \n
\n You also agree to: (a) provide true, accurate, current and complete\n information about yourself as prompted by the Sites' registration form\n and (b) maintain and promptly update registration data to keep it\n true, accurate, current and complete. If you provide any information\n that is untrue, inaccurate, not current or incomplete, or Company has\n reasonable grounds to suspect that such information is untrue,\n inaccurate, not current or incomplete, Company has the right to\n suspend or terminate your account and refuse any and all current or\n future use of the Sites (or any portion thereof).\n
\n\n We reserve the right to remove or reclaim or change a user name you\n select if we determine appropriate in our discretion, such as when the\n user name is obscene or otherwise objectionable or when a trademark\n owner complains about a username that does not closely relate to a\n user's actual name.\n
\nRegarding Content You Provide
\n\n We may invite you to chat or participate in blogs, message boards,\n online forums and other functionality and may provide you with the\n opportunity to create, submit, post, display, transmit, perform,\n publish, distribute or broadcast content and materials to our Sites\n and/or to or via the Sites' forms, emails, chat agents, popups,\n including, without limitation, text, writings, video, audio,\n photographs, graphics, comments, suggestions or personally\n identifiable information or other material (collectively\n \"Contributions\"). Any Contributions you transmit to CalMed Hawaii will\n be treated as non-confidential and non-proprietary. When you create or\n make available a Contribution, you thereby represent and warrant that:\n
\n- \n
- \n the creation, distribution, transmission, public display and\n performance, accessing, downloading and copying of your Contribution\n does not and will not infringe the proprietary rights, including but\n not limited to the copyright, patent, trademark, trade secret or\n moral rights of any third party;\n \n
- \n you are the creator and owner of or have the necessary licenses,\n rights, consents, releases and permissions to use and to authorize\n CalMed Hawaii and the Sites' users to use your Contributions as\n necessary to exercise the licenses granted by you under this\n Agreement;\n \n
- \n you have the written consent, release, and/or permission of each and\n every identifiable individual person in the Contribution to use the\n name or likeness of each and every such identifiable individual\n person to enable inclusion and use of the Contribution in the manner\n contemplated by our Sites;\n \n
- \n your Contribution is not obscene, lewd, lascivious, filthy, violent,\n harassing or otherwise objectionable (as determined by CalMed\n Hawaii), libelous or slanderous, does not ridicule, mock, disparage,\n intimidate or abuse anyone, does not advocate the violent overthrow\n of any government, does not incite, encourage or threaten physical\n harm against another, does not violate any applicable law,\n regulation, or rule, and does not violate the privacy or publicity\n rights of any third party;\n \n
- \n your Contribution does not contain material that solicits personal\n information from anyone under 18 or exploit people under the age of\n 18 in a sexual or violent manner, and does not violate any federal\n or state law concerning child pornography or otherwise intended to\n protect the health or well-being of minors;\n \n
- \n your Contribution does not include any offensive comments that are\n connected to race, national origin, gender, sexual preference or\n physical handicap;\n \n
- \n your Contribution does not otherwise violate, or link to material\n that violates, any provision of this Agreement or any applicable law\n or regulation.\n \n
CONTRIBUTION LICENSE
\n\n By posting Contributions to any part of the Sites, or making them\n accessible to the Sites by linking your account to any of your social\n network accounts, you automatically grant, and you represent and\n warrant that you have the right to grant, to CalMed Hawaii an\n unrestricted, unconditional, unlimited, irrevocable, perpetual,\n non-exclusive, transferable, royalty-free, fully-paid, worldwide right\n and license to host, use, copy, reproduce, disclose, sell, resell,\n publish, broadcast, retitle, archive, store, cache, publicly perform,\n publicly display, reformat, translate, transmit, excerpt (in whole or\n in part) and distribute such Contributions (including, without\n limitation, your image and voice) for any purpose, commercial,\n advertising, or otherwise, to prepare derivative works of, or\n incorporate into other works, such Contributions, and to grant and\n authorize sublicenses of the foregoing. The use and distribution may\n occur in any media formats and through any media channels. Such use\n and distribution license will apply to any form, media, or technology\n now known or hereafter developed, and includes our use of your name,\n company name, and franchise name, as applicable, and any of the\n trademarks, service marks, trade names and logos, personal and\n commercial images you provide. Company does not assert any ownership\n over your Contributions; rather, as between us and you, subject to the\n rights granted to us in this Agreement, you retain full ownership of\n all of your Contributions and any intellectual property rights or\n other proprietary rights associated with your Contributions. We will\n not use your contribution in a way that infringes on your rights and\n always process your personal information lawfully and with your\n consent.\n
\n\n Company has the right, in our sole and absolute discretion, to (i)\n edit, redact or otherwise change any Contributions, (ii) re-categorize\n any Contributions to place them in more appropriate locations or (iii)\n pre-screen or delete any Contributions that are determined to be\n inappropriate or otherwise in violation of this Agreement.\n
\n\n By uploading your Contributions to the Sites, you hereby authorize\n Company to grant to each end user a personal, limited,\n no-transferable, perpetual, non-exclusive, royalty-free, fully-paid\n license to access, download, print and otherwise use your\n Contributions for their internal purposes and not for distribution,\n transfer, sale or commercial exploitation of any kind.\n
\nGUIDELINES FOR REVIEWS
\n\n CalMed Hawaii may accept, reject or remove reviews in its sole\n discretion. CalMed Hawaii has absolutely no obligation to screen\n reviews or to delete reviews, even if anyone considers reviews\n objectionable or inaccurate. Those persons posting reviews should\n comply with the following criteria: (1) reviewers should have\n firsthand experience with the person/entity being reviewed; (2)\n reviews should not contain: offensive language, profanity, or abusive,\n racist, or hate language; discriminatory references based on religion,\n race, gender, national origin, age, marital status, sexual orientation\n or disability; or references to illegal activity; (3) reviewers should\n not be affiliated with competitors if posting negative reviews; (4)\n reviewers should not make any conclusions as to the legality of\n conduct; and (5) reviewers may not post any false statements or\n organize a campaign encouraging others to post reviews, whether\n positive or negative. Reviews are not endorsed by CalMed Hawaii, and\n do not represent the views of CalMed Hawaii or of any affiliate or\n partner of Company. CalMed Hawaii does not assume liability for any\n review or for any claims, liabilities or losses resulting from any\n review. By posting a review, the reviewer hereby grants to CalMed\n Hawaii a perpetual, non-exclusive, worldwide, royalty-free,\n fully-paid, assignable and sublicensable license to CalMed Hawaii to\n reproduce, modify, translate, transmit by any means, display, perform\n and/or distribute all content relating to reviews.\n
\nSUBMISSIONS
\n\n You acknowledge and agree that any questions, comments, suggestions,\n ideas, feedback or other information about the Sites or the CalMed\n Hawaii Services (\"Submissions\") provided by you to CalMed Hawaii are\n non-confidential and CalMed Hawaii (as well as any designee of\n Company) shall be entitled to the unrestricted use and dissemination\n of these Submissions for any purpose, commercial or otherwise, without\n acknowledgment or compensation to you.\n
\nPROHIBITED ACTIVITIES
\n\n You may not access or use the Sites for any other purpose other than\n that for which CalMed Hawaii makes it available. The Sites may not be\n used in connection with any commercial endeavors except those that are\n specifically endorsed or approved by CalMed Hawaii. Prohibited\n activity includes, but is not limited to:\n
\n- \n
- \n attempting to bypass any measures of the Sites designed to prevent\n or restrict access to the Sites, or any portion of the Sites\n \n
- \n attempting to impersonate another user or person or using the\n username of another user\n \n
- criminal or tortious activity \n
- \n deciphering, decompiling, disassembling or reverse engineering any\n of the software comprising or in any way making up a part of the\n Sites\n \n
- \n deleting the copyright or other proprietary rights notice from any\n Sites' content\n \n
- \n engaging in any automated use of the system, such as using any data\n mining, robots or similar data gathering and extraction tools\n \n
- \n except as may be the result of standard search engine or Internet\n browser usage, using or launching, developing or distributing any\n automated system, including, without limitation, any spider, robot\n (or \"bot\"), cheat utility, scraper or offline reader that accesses\n the Sites, or using or launching any unauthorized script or other\n software\n \n
- \n harassing, annoying, intimidating or threatening any Company\n employees or agents engaged in providing any portion of the Company\n Services to you\n \n
- \n interfering with, disrupting, or creating an undue burden on the\n Sites or the networks or services connected to the Sites\n \n
- \n making any unauthorized use of the Company Services, including\n collecting usernames and/or email addresses of users by electronic\n or other means for the purpose of sending unsolicited email, or\n creating user accounts by automated means or under false pretenses\n \n
- elling or otherwise transferring your profile \n
- \n systematic retrieval of data or other content from the Sites to\n create or compile, directly or indirectly, a collection,\n compilation, database or directory without written permission from\n Company\n \n
- \n tricking, defrauding or misleading Company and other users,\n especially in any attempt to learn sensitive account information\n such as passwords\n \n
- \n using any information obtained from the Sites in order to harass,\n abuse, or harm another person\n \n
- \n using the Company Services as part of any effort to compete with\n Company or to provide services as a service bureau\n \n
- \n using the Sites in a manner inconsistent with any and all applicable\n laws and regulations\n \n
INTELLECTUAL PROPERTY RIGHTS
\n\n The content on the Sites (“CalMed Hawaii Content”) and the trademarks,\n service marks and logos contained therein (“Marks”) are owned by or\n licensed to CalMed Hawaii, and are subject to copyright and other\n intellectual property rights under United States and foreign laws and\n international conventions. CalMed Hawaii Content, includes, without\n limitation, all source code, databases, functionality, software,\n Sites' designs, audio, video, text, photographs and graphics. All\n CalMed Hawaii graphics, logos, designs, page headers, button icons,\n scripts and service names are registered trademarks, common law\n trademarks or trade dress of CalMed Hawaii in the United States and/or\n other countries. CalMed Hawaii trademarks and trade dress may not be\n used, including as part of trademarks and/or as part of domain names,\n in connection with any product or service in any manner that is likely\n to cause confusion and may not be copied, imitated, or used, in whole\n or in part, without the prior written permission of the CalMed Hawaii.\n
\n\n CalMed Hawaii Content on the Sites is provided to you “AS IS” for your\n information and personal use only and may not be used, copied,\n reproduced, aggregated, distributed, transmitted, broadcast,\n displayed, sold, licensed, or otherwise exploited for any other\n purposes whatsoever without the prior written consent of the\n respective owners. Provided that you are eligible to use the Sites,\n you are granted a limited license to access and use the Sites and the\n CalMed Hawaii Content and to download or print a copy of any portion\n of the CalMed Hawaii Content to which you have properly gained access\n solely for your personal, non-commercial use. CalMed Hawaii reserves\n all rights not expressly granted to you in and to the Sites and CalMed\n Hawaii Content and Marks.\n
\nTHIRD PARTY WEBSITES AND CONTENT
\n\n The Sites contains (or you may be sent through the Sites or the CalMed\n Hawaii Services) links to other websites (\"Third Party Websites\") as\n well as articles, photographs, text, graphics, pictures, designs,\n music, sound, video, information, applications, software and other\n content or items belonging to or originating from third parties (the\n \"Third Party Content\"). Such Third Party Websites and Third Party\n Content are not investigated, monitored or checked for accuracy,\n appropriateness, or completeness by us, and we are not responsible for\n any Third Party accessed through the Sites or any Third Party Content\n posted on, available through or installed from the Sites, including\n the content, accuracy, offensiveness, opinions, reliability, privacy\n practices or other policies of or contained in the Third Party\n Websites or the Third Party Content. Inclusion of, linking to or\n permitting the use or installation of any Third Party Websites or any\n Third Party Content does not imply approval or endorsement thereof by\n us. If you decide to leave the Sites and access the Third Party\n Websites or to use or install any Third Party Content, you do so at\n your own risk and you should be aware that our terms and policies no\n longer govern. You should review the applicable terms and policies,\n including privacy and data gathering practices, of any websites to\n which you navigate from the Sites or relating to any applications you\n use or install from the Sites. Any purchases you make through Third\n Party Websites will be through other websites and from other\n companies, and CalMed Hawaii takes no responsibility whatsoever in\n relation to such purchases which are exclusively between you and the\n applicable third party.\n
\nSITE MANAGEMENT
\n\n CalMed Hawaii reserves the right but does not have the obligation to:\n
\n- \n
- monitor the Sites for violations of this Agreement; \n
- \n take appropriate legal action against anyone who, in CalMed Hawaii\n sole discretion, violates this Agreement, including without\n limitation, reporting such user to law enforcement authorities;\n \n
- \n in CalMed Hawaii sole discretion and without limitation, refuse,\n restrict access to or availability of, or disable (to the extent\n technologically feasible) any user’s contribution or any portion\n thereof that may violate this Agreement or any CalMed Hawaii policy;\n \n
- \n in Company’s sole discretion and without limitation, notice or\n liability to remove from the Sites or otherwise disable all files\n and content that are excessive in size or are in any way burdensome\n to CalMed Hawaii 's systems;\n \n
- \n otherwise manage the Sites in a manner designed to protect the\n rights and property of CalMed Hawaii and others and to facilitate\n the proper functioning of the Sites.\n \n
TERM AND TERMINATION
\n\n This Agreement shall remain in full force and effect while you use the\n Sites or are otherwise a user or member of the Sites, as applicable.\n You may terminate your use or participation at any time, for any\n reason, by following the instructions for terminating user accounts in\n your account settings, if available, or by contacting us using the\n contact information below.\n
\n\n WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY\n RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE\n OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY\n SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,\n INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,\n WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE\n LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION\n IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY\n CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT\n WARNING, IN COMPANY’S SOLE DISCRETION.\n
\n\n In order to protect the integrity of the Sites and Company Services,\n Company reserves the right at any time in its sole discretion to block\n certain IP addresses from accessing the Sites and Company Services.\n
\n\n Any provisions of this Agreement that, in order to fulfill the\n purposes of such provisions, need to survive the termination or\n expiration of this Agreement, shall be deemed to survive for as long\n as necessary to fulfill such purposes.\n
\n\n YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,\n WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF\n COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT,\n EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER\n CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT\n INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR\n ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN\n STATES WITH SUCH LAWS.\n
\n\n If Company terminates or suspends your account for any reason, you are\n prohibited from registering and creating a new account under your\n name, a fake or borrowed name, or the name of any third party, even if\n you may be acting on behalf of the third party. In addition to\n terminating or suspending your account, Company reserves the right to\n take appropriate legal action, including without limitation pursuing\n civil, criminal, and injunctive redress.\n
\nMODIFICATIONS
\nTo Agreement
\n\n Company may modify this Agreement from time to time. Any and all\n changes to this Agreement will be posted on the Sites and revisions\n will be indicated by date. You agree to be bound to any changes to\n this Agreement when you use the Company Services after any such\n modification becomes effective. Company may also, in its discretion,\n choose to alert all users with whom it maintains email information of\n such modifications by means of an email to their most recently\n provided email address. It is therefore important that you regularly\n review this Agreement and keep your contact information current in\n your account settings to ensure you are informed of changes. You agree\n that you will periodically check the Sites for updates to this\n Agreement and you will read the messages we send you to inform you of\n any changes. Modifications to this Agreement shall be effective after\n posting.\n
\nTo Services
\n\n Company reserves the right at any time to modify or discontinue,\n temporarily or permanently, the Company Services (or any part thereof)\n with or without notice. You agree that Company shall not be liable to\n you or to any third party for any modification, suspension or\n discontinuance of the Company Services.\n
\nDISPUTES
\nBetween Users
\n\n If there is a dispute between users of the Sites, or between users and\n any third party, you understand and agree that Company is under no\n obligation to become involved. In the event that you have a dispute\n with one or more other users, you hereby release Company, its\n officers, employees, agents and successors in rights from claims,\n demands and damages (actual and consequential) of every kind or\n nature, known or unknown, suspected and unsuspected, disclosed and\n undisclosed, arising out of or in any way related to such disputes\n and/or the Company Services.\n
\nWith Company
\n\n All questions of law, rights, and remedies regarding any act, event or\n occurrence undertaken pursuant or relating to Sites or the Company\n Services shall be governed and construed by the laws of the State of\n Hawaii, excluding such state’s conflicts of law rules. Any legal\n action of whatever nature by or against Company arising out of or\n related in any respect to this Sites and the Company Services shall be\n brought solely in either the applicable federal or state courts\n located in or with jurisdiction over Honolulu County County, State of\n Hawaii; subject, however, to the right of Company, at the Company's\n sole discretion, to bring an action to seek injunctive relief to\n enforce this Agreement or to stop or prevent an infringement of\n proprietary or other third party rights (or any similar cause of\n action) in any applicable court in any jurisdiction where jurisdiction\n exists with regard to a user. You hereby consent to (and waive any\n challenge or objection to) personal jurisdiction and venue in the\n above-referenced courts. Application of the United Nations Convention\n on Contracts for the International Sale of Goods is excluded from this\n Agreement. Additionally, application of the Uniform Computer\n Information Transaction Act (UCITA) is excluded from this Agreement.\n In no event shall any claim, action or proceeding by you related in\n any way to the Sites and/or the Company Services (including your visit\n to or use of the Sites and/or the Company Services) be instituted more\n than two (2) years after the cause of action arose. You will be liable\n for any attorneys' fees and costs if we have to take any legal action\n to enforce this Agreement.\n
\nCORRECTIONS
\n\n Occasionally there may be information on the Sites that contains\n typographical errors, inaccuracies or omissions that may relate to\n service descriptions, pricing, availability, and various other\n information. Company reserves the right to correct any errors,\n inaccuracies or omissions and to change or update the information at\n any time, without prior notice.\n
\nDISCLAIMERS
\n\n Company cannot control the nature of all of the content available on\n the Sites. By operating the Sites, Company does not represent or imply\n that Company endorses any blogs, contributions or other content\n available on or linked to by the Sites, including without limitation\n content hosted on third party websites or provided by third party\n applications, or that Company believes contributions, blogs or other\n content to be accurate, useful or non-harmful. We do not control and\n are not responsible for unlawful or otherwise objectionable content\n you may encounter on the Sites or in connection with any\n contributions. The Company is not responsible for the conduct, whether\n online or offline, of any user of the Sites or Company Services.\n
\n\n YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT\n YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS\n OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,\n EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY\n SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE\n IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR\n PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR\n REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES\n CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES\n NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR\n INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY\n DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND\n USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE\n SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL\n INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF\n TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS,\n VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR\n THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR\n OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF\n ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,\n TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES\n NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY\n PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE\n SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER\n ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE\n RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY\n PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT\n OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE\n YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.\n
\nLIMITATIONS OF LIABILITY
\n\n IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE\n LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,\n CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,\n INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES\n ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF\n COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S\n LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM\n OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF\n ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF\n THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.\n
\n\n CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR\n THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO\n YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY\n TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.\n
\n\n IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE\n SECTION 1542, WHICH SAYS: \"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS\n WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT\n THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE\n MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.\"\n
\nINDEMNITY
\n\n You agree to defend, indemnify and hold Company, its subsidiaries, and\n affiliates, and their respective officers, agents, partners and\n employees, harmless from and against, any loss, damage, liability,\n claim, or demand, including reasonable attorneys’ fees and expenses,\n made by any third party due to or arising out of your contributed\n content, use of the Company Services, and/or arising from a breach of\n this Agreement and/or any breach of your representations and\n warranties set forth above. Notwithstanding the foregoing, Company\n reserves the right, at your expense, to assume the exclusive defense\n and control of any matter for which you are required to indemnify\n Company, and you agree to cooperate, at your expense, with Company’s\n defense of such claims. Company will use reasonable efforts to notify\n you of any such claim, action, or proceeding which is subject to this\n indemnification upon becoming aware of it.\n
\nNOTICES
\n\n Except as explicitly stated otherwise, any notices given to Company\n shall be given by email to the address listed in the contact\n information below. Any notices given to you shall be given to the\n email address you provided during the registration process, or such\n other address as each party may specify. Notice shall be deemed to be\n given twenty-four (24) hours after the email is sent, unless the\n sending party is notified that the email address is invalid. We may\n also choose to send notices by regular mail.\n
\nUSER DATA
\n\n Our Sites will maintain certain data that you transfer to the Sites\n for the purpose of the performance of the Company Services, as well as\n data relating to your use of the Company Services. Although we perform\n regular routine backups of data, you are primarily responsible for all\n data that you have transferred or that relates to any activity you\n have undertaken using the Company Services. You agree that Company\n shall have no liability to you for any loss or corruption of any such\n data, and you hereby waive any right of action against Company arising\n from any such loss or corruption of such data.\n
\nELECTRONIC CONTRACTING
\n\n Your use of the Company Services includes the ability to enter into\n agreements and/or to make transactions electronically. YOU ACKNOWLEDGE\n THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT\n TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR\n AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO\n ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO\n THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES,\n CONTRACTS, AND APPLICATIONS. In order to access and retain your\n electronic records, you may be required to have certain hardware and\n software, which are your sole responsibility.\n
\nMISCELLANEOUS
\n\n This Agreement constitutes the entire agreement between you and\n Company regarding the use of the Company Services. The failure of\n Company to exercise or enforce any right or provision of this\n Agreement shall not operate as a waiver of such right or provision.\n The section titles in this Agreement are for convenience only and have\n no legal or contractual effect. This Agreement operates to the fullest\n extent permissible by law. This Agreement and your account may not be\n assigned by you without our express written consent. Company may\n assign any or all of its rights and obligations to others at any time.\n Company shall not be responsible or liable for any loss, damage, delay\n or failure to act caused by any cause beyond Company's reasonable\n control. If any provision or part of a provision of this Agreement is\n unlawful, void or unenforceable, that provision or part of the\n provision is deemed severable from this Agreement and does not affect\n the validity and enforceability of any remaining provisions. There is\n no joint venture, partnership, employment or agency relationship\n created between you and Company as a result of this Agreement or use\n of the Sites and Company Services. Upon Company’s request, you will\n furnish Company any documentation, substantiation or releases\n necessary to verify your compliance with this Agreement. You agree\n that this Agreement will not be construed against Company by virtue of\n having drafted them. You hereby waive any and all defenses you may\n have based on the electronic form of this Agreement and the lack of\n signing by the parties hereto to execute this Agreement.\n
\nCONTACT US
\n\n CalMed Hawaii
\n 3049 Ualena St., Suite 101
\n Honolulu, HI 96819
\n Email: info@calmedhawaii.com
\n Phone: (808) 691-9973
Fax: (888) 286-7412\n
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