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Agreement Of Use
By using this website, you agree to become bound by the terms of this Agreement of Use (this "Agreement"). If you do not
agree to these terms, do not use the website. READ THE FOLLOWING USE OF CONDITIONS AND DISCLAIMERS IN THIS AGREEMENT CAREFULLY.
Definitions
The terms "You" and "User" refer to all individuals and/or entities accessing this website. The term "Website" refers to www.smartprescribing.com,
www.prescribingguide.com and www.smartprescriber.com. The term "Agreement" refers to the terms and conditions of use for this Website.
Ownership
All of the content on this Website, including text, graphics, logos, software and code is the property of the University of Hawai`i (UH) and is
protected by U.S. and international copyright laws. Except as granted by the Limited License below, any other use of such content, including
modification, transmission, presentation, distribution or re-publication is prohibited without the prior consent of UH.
Your Permission to Use the Website
Subject to the terms of this Agreement, the University of Hawai`i (UH) grants you a limited right and ability to
1. Search and view information available through the Website
2. Make limited printouts of the pdfs on the website for your individual use only.
3. Use the search tools and other services provided on the Website.
The only commercial use for which you may use, download or printout material contained on the Website is for your personal informational purposes.
Any other commercial use, such as reselling access or posting information on another website or distributing the information to other individuals is
prohibited. You may not redistribute, retransmit, or publish any copyrighted material downloaded from the Website without written permission from UH.
Your access to the website terminates immediately, without any further action by UH if you breach any terms or conditions of this Agreement. You many
not transfer or assign your license to any other party.
UH is the owner or licensee of all rights in the Website, its content, software, and services. You have no right in such content, software or services
not expressly granted in this Agreement.
You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended
for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any
user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing"
or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup posting.
This Website does not provide medical advice
This Website is designed to provide limited formulary information about the coverage of certain drug classes for selected insurance plans in Hawaii. It
is not intended to be a substitute for directly contacting health plans or pharmacies for current, accurate formulary information or retail prices.
Nor is it intended to provide medical advice or endorsements of a specific drug, drug class, health plan, pharmacy, or any websites or organizations
linked to from this website. This information is intended for use by health care providers who write prescriptions and is not intended to replace
medical advice offered by such a provider.
Disclaimer and Liability Limitations
NO WARRANTIES. UH does not represent or warrant that any service or content provided will perform as expected or is error-free. Further, UH is not
responsible for the actions of any other party who uses the Website.
Therefore, SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE WEBSITE ARE PROVIDED "AS IS" AND AS AVAILABLE. YOU AGREE TO ASSUME RESPONSIBILITY
AND THE RISK FOR YOUR USE OF THE WEB SITE. UH MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATIONS, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED ON THE WEBSITE OR THE INTERNET GENERALLY. FURTHER, UH DISCLAIMS ANY WARRANTY THAT THE WEBSITE WILL BE
AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UH AND ITS INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY,
ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES, MERCHANDISE, PRODUCTS OR INFORMATION CONTAINED ON THE WEBSITE.
UH SPECIFICALLY DISCLAIMS ANY LIABILITIY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR ANY DIRECT, INDIRECT (INCLUDING, BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE, YOUR RELIANCE ON THE CONTENT OBTAINED THROUGH THE WEBSITE, OR THAT
ARISES IN CONNECTION WITH MISTAKES OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO
THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT, DESTRUCTION OF, OR
UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
Although the content of this Website is updated periodically, UH does not have a duty to update the information contained in this Website and UH will
not be liable for any failure to update such information.
UH is Not Responsible for any Links to or from Other Sites
This Website may contain links to other websites operated by third parties and other websites may provide links to this Website. Such links are provided
for your convenience only. UH does not control these other sites and assumes no liability or responsibility for them, including any content or services
provided to you by such sites. You should not consider any link to or from a third party site as an endorsement of any such site by UH unless UH expressly
states so.
Indemnification
You agree to indemnify, defend and hold harmless UH, its officers, employees, agents, licensors, suppliers, agents and any information providers to the
Website from and against any claims, actions or demand, liabilities, and settlements, including but not limited to, reasonable attorneys' fees resulting
from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Website on your account or behalf.
This Agreement is Governed by Hawai`i Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawai`i for all purposes, without regard to or application
of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of the State of Hawai`i.
Entire Agreement
This Agreement constitutes the entire and only understanding between you and UH with respect to the use of the Website and services. In the event of
any conflict between this Agreement and any policy or statement regarding your use of the Website, this Agreement shall govern. No modification or
attempted modification of this Agreement shall be binding on UH unless made in writing and physically signed by an authorized representative of UH.
UH may modify this Agreement at any time.
No Waiver of UH's Rights or Defenses
Our failure to exercise or enforce any right or provision of this Agreement or other legal notices posted by UH on this Website shall not constitute a
waiver of such right or provision.
Nothing in this Agreement shall be construed to expand the scope of liability of UH beyond that set forth in Chapters 661 and 662 of the Hawai`i Revised
States. Nothing in this Agreement shall be construed to waive the immunity of UH from suit in federal courts guaranteed by the Eleventh Amendment to the
United States Constitution.
Severability
If any provision of this Agreement or of any other legal notice posted on this Website is found by a court of competent jurisdiction to be invalid, the other
provisions of this Agreement shall remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will
remain in full effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision that will
achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
Headings
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Thank you for using the Website.
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