Acceptance of Terms & Conditions
Restrictions on Use of Materials
You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Hawaii Functional Medicine or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any content by reason of your use of or any right to use this Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. Hawaii Functional Medicine authorizes you to view and use the Content on this Site solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Hawaii Functional Medicine prior written approval.
DISCLAIMER OF WARRANTY
THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF HAWAII FUNCTIONAL MEDICINE, ANY OF ITS EMPLOYEES, AFFILIATES OR AGENTS (COLLECTIVELY THE “HAWAII FUNCTIONAL MEDICINE PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.
NONE OF THE HAWAII FUNCTIONAL MEDICINE PARTIES WARRANTS THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NONE OF THE HAWAII FUNCTIONAL MEDICINE PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE HAWAII FUNCTIONAL MEDICINE PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE HAWAII FUNCTIONAL MEDICINE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEB SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEB SITE.
IN NO EVENT SHALL ANY OF THE HAWAII FUNCTIONAL MEDICINE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE HAWAII FUNCTIONAL MEDICINE PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
No Framing Allowed
Elements of this Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content for our Site may be retransmitted without the express written consent of Hawaii Functional Medicine.
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is Dr. Gloria Hamada at firstname.lastname@example.org.
Use of Personally Identifiable Information
Hawaii Functional Medicine reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Site or the Content, at any time and for any reason without prior notice or liability. Hawaii Functional Medicine reserves the right to change, suspend, or discontinue all or any part of this Site or the content at any time without prior notice or liability.
User Must Comply with Applicable Laws
This Site is based in Kailua, Hawai'i. Hawaii Functional Medicine makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. Hawaii Functional Medicine's failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Hawai'i, except with regard to its conflicts of law rules. Any action relating to the Content, Site or this Agreement must be brought in the federal or state courts located in Kailua, Hawai'i, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. This Agreement contains the entire agreement of the parties for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.
What Personally Identifiable Information is Collected
Hawaii Functional Medicine is the sole owner of the information collected on this site. Hawaii Functional Medicine only has access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
Individuals that sign up to receive the Hawaii Functional Medicine e-communications voluntarily provide us with contact information (such as name and e-mail address). We may use this information for specific, limited purposes. You may always “opt out,” either now or at any time in the future, if you do not wish to receive our messages.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, responding to your questions) are granted access to information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Hawaii Functional Medicine uses your IP address to help diagnose problems with our server, to administer www.hawaiifunctionalmedicine.com, and for statistical metrics used to track website visitor traffic.
www.hawaiifunctionalmedicine.com uses “cookie” messages to automatically help provide better services. They remind us who you are and your preferences for our website based on what you’ve done and told us before. The “cookie” is placed in your computer and is read when you come back to our website. Cookies let us take you to the information and features you’re particularly interested in. They also let us track your usage of www.hawaiifunctionalmedicine.com, so we know which parts of our sites are most popular. You can reject cookies or cancel them by instructing your Web browser accordingly.
How Your Information May Be Used
We use your personal information to send e-mail alerts to you; to answer your requests; etc. You may choose to opt out at any time, which will cease all communications from us. We may also use your information to track visitor of our website. This lets us see which of our features are the most popular so we can better serve our users’ needs. It also lets us provide aggregate data about our traffic (not identifying you personally, but showing how many visitors used which features, for example) to outside parties
www.hawaiifunctionalmedicine.com includes links to external websites. These links do not fall under the www.hawaiifunctionalmedicine.com domain, and Hawaii Functional Medicine is not responsible for the privacy practices or the content of external websites. Your use of any linked website is solely at your own risk.