Access to and use of this Site are subject to all applicable federal, State and local laws, rules and regulations.
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.
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.
TERMINATION AND SUSPENSION
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.
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
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.
© HEMIC 2014. All rights reserved.
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.
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.
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.
NO THIRD PARTY BENEFICIARIES
INTERNATIONAL USERS AND CHOICE OF LAW
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: 915 Fort Street, Suite 100, Honolulu, HI 96813,; (telephone) (808) 524-3642; (fax) (808) 522-5510; (email) firstname.lastname@example.org.
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.