Terms of Use

By accessing or using this website (this “Site’), you agree with Hawaii Employers’ Mutual Insurance Company, Inc., a Hawaii corporation, and its affiliates, including, without limitation, HEMIC Insurers Management, Inc. [“HIMI”] (collectively and individually referred to as “HEMIC”) that you are legally bound by these Terms of Use.  If you do not wish to be bound by these Terms of Use, you must not access or use this Site.

HEMIC reserves the right to modify or change these Terms of Use at any time, without prior notice to you.  Such modification or change shall be effective upon posting by HEMIC on this Site.  You hereby agree that you are bound by any such modification or change to these Terms of Use if you use the Site after any such modification or change is posted.

These Terms of Use are applicable to your access or use of this Site, regardless of how you accessed this Site, including (without limitation) whether through the home page or otherwise.

Access to and use of this Site are subject to all applicable federal, State and local laws, rules and regulations.

PRIVACY POLICY

To review HEMIC’s privacy policy, please visit HEMIC’s Privacy Policy

PROHIBITED USES OF THIS SITE

You may not use this Site to engage in any illegal activity, spamming or solicitation. You may not use this Site to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party’s intellectual property or other proprietary rights. In the event you engage in activity that is illegal, defamatory, libelous, threatening, or harassing, HEMIC reserves the right to disclose any information you provide through the use of this Site to law enforcement authorities as deemed appropriate in HEMIC’s sole discretion. You agree that any information you provide through this Site will be truthful and accurate.  HEMIC reserves the right to require that you change your User ID or answers to security questions if they are deemed inappropriate at HEMIC’s sole discretion.  This Site is not to be used by children ages 13 or younger.

YOUR LIABILITIES

HEMIC has the right to deny you access and use of this Site and all information on this Site, including all text, graphics, software, video, audio, photos and other content (collectively, “Content”) if you violate (as HEMIC may determine in its sole and absolute discretion) any provision of these Terms of Use. HEMIC reserves the right to seek all other remedies available at law and in equity.

You hereby agree, at your own expense, to defend, indemnify and hold HEMIC harmless from any and all damages, claims, losses, liabilities, demands, costs, or expenses, including reasonable attorneys’ and experts’ fees, arising: out of your access to, or use of, this Site or any of its Content in a manner other than as expressly authorized by these Terms of Use; from your breach of these Terms of Use; or from your violation of any applicable laws, rules or regulations, or any rights of any third party.

SECURITY

HEMIC cannot and does not guarantee the security of this Site against hackers or other security breaches.  Accordingly, your use of, and submission of any information to, this Site is solely at your own risk.

INVESTIGATION

HEMIC reserves the right in its sole and absolute discretion to investigate complaints or reports of any violation of these Terms of Use, and to take any action it finds appropriate in response to any such complaints or reports, including the reporting of such violations to law enforcement or regulatory officials.  HEMIC further reserves the right to provide such officials with any information collected in the course of its investigation, including without limitation individual profiles, electronic mail addresses, usage histories, posted materials, and Internet Protocol addresses.

TERMINATION AND SUSPENSION

These Terms of Use are effective until terminated by HEMIC.  Your rights to access and use this Site shall terminate automatically, without notice, if you fail to comply with any of these Terms of Use.  Upon termination of these Terms of Use, you shall immediately cease to access and use this Site.  HEMIC reserves the exclusive right in its sole and absolute discretion, at any time, with or without notice, to amend, limit, modify, suspend, or terminate this Site or the Terms of Use.  HEMIC may also delete or prevent access to, or use of, all related information and files.  HEMIC will not be liable to you or any third party for any modification, suspension, or termination of this Site, or the loss of any related information.

DISCLAIMER OF WARRANTIES

HEMIC make no representations or warranties concerning the accuracy or reliability of the information on this Site or other sites to which this Site links. Your reliance on, and use of, the information contained in or linked from this Site is solely at your own risk.

Unless expressly stated otherwise, views and opinions expressed on this Site have not been approved by HEMIC and shall not be construed as representing HEMIC’s official policy.

ALL INFORMATION PRESENTED ON THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THIS SITE IS LINKED (“LINKED WEB SITE”), ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.  HEMIC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.

THE INFORMATION PROVIDED ON THIS SITE OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  HEMIC SHALL NOT BE RESPONSIBLE OR LIABLE FOR SUCH INACCURACIES OR ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THIS SITE OR A LINKED WEB SITE IS UP TO DATE OR COMPLETE.  HEMIC HAS NO OBLIGATION TO UPDATE ANY INFORMATION ON THIS SITE AND MAY CHANGE OR IMPROVE THIS SITE AT ANY TIME WITHOUT NOTICE.

HEMIC does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through this Site by any party other than HEMIC.

HEMIC is not responsible or liable for any loss or damage of any kind incurred as the result of your dealings with third parties through this Site.

HEMIC does not warrant that this Site’s services will be uninterrupted or error free, or that any information, software or other material available on or accessible through this Site will be free of viruses, worms, Trojan horses or other harmful components. You hereby assume all risks of claims for damages, including without limitation, damages (1) for any negligence and other claims that may arise from use of, or reliance upon (either directly or indirectly) any advice or information provided on or through this Site; and (2) for any damage to your computer system or loss of data that may arise from use of, or obtaining any Content from, this Site, including without limitation, any damages resulting from viruses or other harmful components.

Your use of this Site and any Linked Web Sites is entirely at your own risk.

LIMITATION OF LIABILITIES

IN NO EVENT WILL HEMIC, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED HEMIC ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, INABILITY TO USE, OR CONTENT OF THIS SITE OR ANY LINKED WEB SITE, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW, EQUITY OR OTHERWISE.

THIS LIMITATION OF LIABILITY APPLIES UNDER ALL CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, TRANSMISSION OF VIRUSES THAT INFECT A USER’S EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.

YOU AGREE THAT THIS LIMITATION OF LIABILITIES DOES NOT CAUSE THE REMEDIES PROVIDED BY THESE TERMS OF USE TO FAIL OF THEIR ESSENTIAL PURPOSE.

PASSWORD REGISTRATION

Access to some portions of this Site (the “password restricted portions”) is restricted and requires a user identification code (“User ID”) and a password for access. Do not share your User ID or password with anyone.  If you suspect that any unauthorized access or use of the password restricted portions of this Site has occurred, please contact HEMIC immediately.  HEMIC will not be responsible or liable for any damages, losses, claims, liabilities, costs, expenses or demands if you do not properly secure your User ID and password, or if you share your User ID or password with anyone.  Unauthorized access or use of password restricted portions of this Site is strictly prohibited.  Actual or attempted unauthorized access or use of these password restricted portions may result in criminal prosecution.  Attempts to access password restricted portions of this Site may be monitored and recorded, and any information obtained may be provided to law enforcement organizations.

By accessing the password restricted portions of this Site, you agree that:

•    HEMIC is entitled to act on instructions received under your User ID and password.

•   HEMIC is not liable for any unauthorized access to your personal information.

•   You will keep your User ID and password confidential and you will notify HEMIC immediately if you believe someone else has obtained your User ID and password, or any unauthorized access to the password restricted portions of this Site has occurred or may occur.

•   HEMIC may block access to the password restricted portions of this Site without prior notice if HEMIC believes your User ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons.

OTHER AGREEMENTS WITH HEMIC

These Terms of Use are in addition to any other agreements between you and HEMIC.  For more complete descriptions of the terms, conditions and exclusions of insurance coverages or HEMIC’s products or services, please refer to the particular policy or contract. Only an insurance policy or contract can provide actual terms, coverages, amounts, conditions, limitations and exclusions.  Additionally, in certain cases, references to HEMIC may include one or more affiliates of HEMIC; however, any particular insurance policy or other product or service is the responsibility only of the specific HEMIC affiliate that issues or supplies such policy, product or service.

NO MODIFICATION TO INSURANCE POLICIES

This Site does not amend, modify or supplement any insurance policy or other relationship you may have with HEMIC.  Consult the actual policy or HEMIC regarding terms, conditions, coverages, exclusions, products, services and programs which may be available to you. Your eligibility for particular products and services is subject to final determination of underwriting qualifications and acceptance by HEMIC or the company providing such products or services.

This Site does not make or constitute any representation that coverage does or does not exist for any particular claim or loss, or type of claim or loss, under any policy. Whether coverage exists or does not exist for any particular claim or loss under any policy depends on the facts and circumstances involved in the claim or loss and all applicable policy wording.

Unless otherwise specified, products and services are available in the United States only. Information on this Site may include references to products or services not offered in your State. Variations in State law regarding the interpretation of insurance policies may exist, and any statements of coverage, scope or intent on this Site are general in nature and are subject to change based on such variations. Availability of coverage referenced in this Site may be dependent upon State law, statute and/or regulations.

COPYRIGHT NOTICE

© HEMIC 2014.  All rights reserved.

COPYRIGHT POLICY

All Content and all rights in the pages and the screens displaying the pages, is owned by HEMIC or its affiliates or suppliers, and is protected by copyright under United States and foreign laws. Appointed agents and brokers in good standing with HEMIC may use and reproduce copies of this Site and its Content to conduct the authorized business of HEMIC.  If you are not an appointed agent or broker in good standing, you may refer to, cite or print and use the Content for your personal, non-commercial use, as long as your copies retain, complete and unaltered, all copyright, trademark and other proprietary notices that appear on the original screens. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of this Site or its Content for commercial or public purposes or on any other web site or in a networked computer environment or engage in any other redistribution or republication of the Content.

TRADEMARKS

HEMIC’s logo and the designation “HEMIC” are registered trademarks of HEMIC.   Other trademarks, service marks, trade names, logos, URLs, domain names and icons (“Marks”) appearing on this Site, whether registered or not, are owned by HEMIC or its suppliers. You may not use any of the Marks without the express written permission of HEMIC or the third party owners of such Marks.

Except as expressly provided above, no portion of the Site, its Content, or any copyright, trademark, trade name, service mark or any other proprietary information of HEMIC (collectively, the “Intellectual Property”) displayed on the Site or included in any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of HEMIC.  Use of any of HEMIC’s trademarks as metatags on any Web site is strictly prohibited. You may not Co-Brand this Site or display this Site in frames (or any of the Content via on-line links) without prior written permission from HEMIC. “Co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of HEMIC in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute the Site or any of its Content. You agree to cooperate with HEMIC in causing any unauthorized Co-Branding, framing or linking to immediately cease.  You agree that you shall not, at any time (including in the event of a dispute with HEMIC) challenge, or assist or encourage others to challenge, the validity or enforceability of the non-patent rights to the Intellectual Property, or the ownership thereof by HEMIC and its suppliers.

SUBMISSIONS

Other than bank account, credit card and certain personally identifiable consumer information, all information that you submit to HEMIC via this Site shall be deemed and remain the property of HEMIC. HEMIC shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information you may provide through this Site. HEMIC shall not be subject to any obligations regarding such information except as expressly indicated with respect to personally identifiable consumer information in any consumer Privacy Statement(s) contained within this Site; agreed to by HEMIC; or otherwise specifically agreed to in a separate writing or required by law. You shall not provide any information or material through this Site or otherwise that is defamatory, inaccurate, false, misleading, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.

INJUNCTIVE RELIEF

You agree that HEMIC would suffer irreparable harm if these Terms of Use were not specifically enforced, and that HEMIC shall be entitled, without bond or other security, to seek appropriate equitable remedies for actual or threatened violations of these Terms of Use, and the public interest would not be disserved by such equitable remedies.

NO THIRD PARTY BENEFICIARIES

You agree that there are no third party beneficiaries of these Terms of Use, or any other third parties entitled to enforce these Terms of Use.

INTERNATIONAL USERS AND CHOICE OF LAW

This Site is controlled and operated by HEMIC from offices within the United States of America. HEMIC makes no representation that materials at this Site are appropriate or available for use at other sites outside of the United States, or that access to their content from all territories is legal. You may not use this Site or export any Content in violation of U.S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms of Use are governed by the laws of the United States and of the State of Hawaii, without giving effect to its conflict of laws provisions. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use, nor to any dispute or transaction arising hereunder or in connection herewith. This Agreement constitutes the entire agreement between you and HEMIC with respect to your use of this Site. The courts of the State of Hawaii, and the United States District Court for the District of Hawaii, and no other courts, shall have exclusive original jurisdiction over all disputes relating to these Terms of Use, and you hereby irrevocably consent to such jurisdiction, and waive venue in any other jurisdiction to which you may be entitled, whether by domicile or otherwise.

COPYRIGHT INFRINGEMENTS – DMCA TAKEDOWN NOTICES

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, HEMIC has designated a Copyright Agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent the following information:

•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•A description of the copyrighted work that you claim has been infringed;

•A description of where the material that you claim is infringing is located on the website;

•Your address, telephone number and e-mail address;

•A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

•A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

HEMIC’s Copyright Agent for notice of claims of copyright infringement on its site is Paul Naso, who can be reached at: 1100 Alakea Street, Suite 1400, Honolulu, HI 96813,; (telephone) (808) 524-3642; (fax) (808) 522-5510; (email) legal@hemic.com.

If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with the HEMIC’s Copyright Agent.

You may want to seek independent legal counsel before filing a notification or counter-notification.