Agreement between user and Hokua Health:

Welcome to Hokua Health and thank you for visiting our https://hokuahealth.com/ website (the “Site”). The Site is comprised of various web pages operated by Hokua Health, Inc. dba Hokua Health (“Hokua Health”). Your use of the Site is conditioned upon the acceptance (without modification) of the terms, conditions, and notices contained herein (the “Terms”).  Please read the Terms carefully.  They contain important information regarding your use of the Site and related services.  Your use of the Site constitutes your agreement to the Terms.  If you do not agree to the Terms, do not access or use the Site.

The Site is an E-Learning website.

Privacy

Your use of the Site is subject to Hokua Health’s Privacy Policy.  Please review our Privacy Policy, which informs users about our data collection, use, sharing and retention practices.

Electronic Communications

You consent to receive electronic communications from Hokua Health when you request information from, or sending emails to, to Hokua Health.  You agree that all notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Site, or any other websites owned or operated by Hokua Health, you are solely responsible for maintaining the confidentiality of your account password and for restricting access to your computer. You hereby accept sole responsibility for any and all activity conducted through your account. You acknowledge that Hokua Health is not responsible for any third party access to your account that is the result of theft or misappropriation of your password or otherwise. You may not sell, rent, assign, sublicense or otherwise transfer your account to any other person or entity, without the express permission of Hokua Health (which can be withheld in Hokua Health’s absolute and sole discretion). Hokua Health reserves the right to refuse or cancel any services to anyone, or remove or edit any account content, at any time, in its absolute and sole discretion.

Children

Hokua Health believes that it is extremely important to protect children’s personal information.  As a result, we never collect or retain information from those we actually know are under the age of sixteen, and the Site is not designed to attract any users under the age of sixteen.  By using the Site, you represent and warrant that you are at least sixteen years of age or older.  If you are under the age of sixteen, you may not use the Site or provide any information to Hokua Health in any manner, including through the Site. If you’re between the ages of sixteen and eighteen, you may only use the Site with parental consent.

Links to Third Party Sites/Third party services

The Site may contain links to other websites (“Linked Sites”). Unless specifically noted, the Linked Sites are not operated or controlled by Hokua Health, and Hokua Health is not responsible or liable for the content on any Linked Sites, including (without limitation) any content at any links contained in Linked Sites. Hokua Health provides Linked Sites to you only as a convenience. You agree that accessing such Linked Sites is at your sole and own risk. Hokua Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any content, goods or services available on or through any Linked Sites.

Google

The Site uses Google (Google Workspace, Google Tag Manager, Google Fonts, Google Analytics) and YouTube Data API.

YouTube Data API

YouTube Data API is a video content visualization service provided by Google LLC that allows an API Client to incorporate functions normally executed on YouTube so that Users can watch, find, and manage YouTube content directly on this Site.

Through this Site, this Application may collect Data directly or indirectly on or from Users’ devices, including by making use of trackers. Users may restrict such access to their Data via the security settings page provided by Google. Users may ask the Owner for further information about these privacy settings at any time through the contact details provided on this page.

Learn more about YouTube’s Terms of Service (https://www.youtube.com/t/terms), Google Policies & Terms (https://policies.google.com/), and Google Privacy Policy (http://www.google.com/policies/privacy/).

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, term-limited and revocable right to access and use the Site solely for your own personal, non-commercial use and strictly in accordance with the Terms.  As a condition of your use of the Site, you represent and warrant to Hokua Health that you will not use the Site for any purpose that is unlawful or prohibited by the Terms or any applicable rules, regulations or laws. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with another party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

The software, trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other marks, works, inventions, or designs that are used in connection with the Site and/or Hokua Health’s services (the “Intellectual Property”) are the property of Hokua Health or its suppliers and protected by copyright and other intellectual property laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hokua Health content may not be licensed or resold to third parties. Your use of the Site does not entitle you to make any unauthorized use of any content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not have any ownership rights in any protected content by reason of your use of the Site or otherwise. We do not grant you any licenses, express or implied, in and to the Intellectual Property of Hokua Health or our licensors, except as may be expressly authorized by the Terms.

You shall not challenge, or assist or encourage others to challenge, even in the event of a dispute between the parties, the ownership, status as a trade secret, copyrightability, enforceability or validity of Hokua Health (and/or its affiliates’ or third-party licensors’) trademark, copyright or other non-patent rights in or to Intellectual Property, and you shall not attempt to register, file, or claim, any, patent, trademark, copyright or other rights in any jurisdiction anywhere in the world which are similar to, infringe upon, dilute, or unfairly compete with, Intellectual Property.

Ideas & Feedback

Hokua Health considers any unsolicited ideas, suggestions, proposals, feedback, or any other materials submitted to Hokua Health via the Site (“Ideas & Feedback”) to be non-confidential and non-proprietary. You acknowledge and agree that Ideas & Feedback provided to Hokua Health are non-confidential and non-proprietary. Any communication by you to Hokua Health is subject to the Terms, and Hokua Health can freely use and disseminate Ideas & Feedback for any purpose whatsoever without acknowledgment or compensation to you. Hokua Health shall not be liable for the disclosure or use of any Ideas & Feedback.  You acknowledge and hereby grant to Hokua Health a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to freely incorporate, use, modify, publish, display and exploit such Ideas & Feedback for any purpose of Hokua Health, commercial or otherwise, including but not limited to incorporating Ideas & Feedback in future products or services, without notice or compensation to you and without further recourse by you.

International Users

The Site is controlled, operated and administered by Hokua Health from our offices within the United States. If you access the Site from a location outside the United States, you are solely responsible for compliance with all local laws. You agree that you will not use the Hokua Health’s content from the Site in any manner prohibited by any and all applicable laws, restrictions or regulations.

GDPR

On May 25, 2018, a new European Union (EU) data protection law, the General Data Protection Regulation (GDPR), took effect. The GDPR gives individuals in the EU more control over how their data is collected, used and processed. Please review our revised Privacy Policy regarding the GDPR.

Indemnification

You agree to indemnify, defend and hold harmless Hokua Health, its officers, directors, employees, agents and attorneys from and against any and all losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to, or arising out of, your use of the Site, the Terms, any content posted by you, or your violation of any applicable laws, rules or regulations. Hokua Health may elect to (but is not required to) assume the defense and control of such claim and, in such case, you agree to cooperate with Hokua Health in the defense of such claim and to reimburse Hokua Health for all expenses and fees incurred in the course of defending such claim.

Disclaimers and Limitation of Liability

The information, software, products, and services included in, or available through, the site may include inaccuracies or typographical errors.  Hokua Health may make improvements and/or changes to the forgoing or the site at any time.

Hokua Health makes no representations or waranties about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics available on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without any warranty or condition of any kind.  International Hokua Health and/or its suppliers hereby specifically disclaim any and all warranties, express, implied, statutory or otherwise, to the information, software, products, services and related graphics, including (but not limited to) any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or the continuous, uninterrupted, error-free, virus-free, or secure access to or operation of the site and/or related services.

If you are dissatisfied with any information, software, products, services and related graphics available on the site, or with the terms, your sole and exclusive remedy is to discontinue using the site or related services.

In no event shall Hokua Health be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, loss of revenue, loss of goodwill, loss of reputation, loss of use, loss of data, or intangible losses, arising out of, or in any way related to, the information, software, products, services and related graphics available on or through the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Hokua Health or any of its suppliers has been advised of the possibility of such damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. To the extent that any warranty or limitation of liability cannot be excluded, Hokua Health’s liability for breach for such warranty is limited (at Hokua Health’s election): (a) in the case of goods, a refund, repair, or replacement of the goods or payment equal to the cost of repair or replacement of the goods; (b) in the case of services, the resupply of the services or payment of the cost of the resupply of the services. You agree to take reasonable action to mitigate your damages.

Notices and Procedures For Making Claims Of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the website should be sent to the designated copyright agent below. All inquiries not relevant to, or not complying with, the following procedure will not receive a response.

Hokua Health respects the intellectual property of others, and we ask our users and visitors to do the same. Hokua Health will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Hokua Health will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hokua Health with the following information. Please be advised that to be effective, your notice must include ALL of the following:

  1. A physical or electronic signature of the copyright owner or the person authorized to act on the copyright owners behalf;
  2. A description of the copyrighted work claimed to have been infringed;
  3. A description of the infringing material and information reasonably sufficient to permit Hokua Health to locate the material;
  4. Your contact information, including your address, telephone number, and email;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

Notices of claimed copyright infringement should be directed to:

By Mail:

3113 Diamond Head Road, Suite D

Honolulu, HI 96815, USA

Attn: Copyright Agent for Hokua Health

By Email:

info@hokuahealth.com (Please include “Notice of Copyright Infringement” in the subject line.)

The preceding information is provided exclusively for notifying Hokua Health that your copyrighted material may have been infringed. All other types of inquiries will not receive a response through this process.

Changes to Terms

Hokua Health reserves the right, in its sole discretion, to change the Terms under which the Site and its services are offered. The most current version of the Terms will supersede all previous versions. Hokua Health encourages you to periodically review the Terms to stay informed of our updates.

Termination/access restriction

Hokua Health reserves the right, in its sole discretion, to terminate your access to the Site and any related services (or any portion thereof) at any time, without notice.

Miscellaneous

These Terms (and all policies referred to herein) represent the entire agreement and understanding between you and Hokua Health relating to your use of the Site and related services and supersedes any other agreement or understanding (written, oral or implied) between you and Hokua Health.  No other agreements, promises, representations, or understandings shall be binding upon Hokua Health with respect to the Site or Hokua Health’s services unless contained in these Terms, or separate writing and signed by an authorized representative of Hokua Health. These Terms, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without Hokua Health’s express written consent (which can be withheld in Hokua Health’s absolute and sole discretion. Hokua Health may freely assign, sublicense, or otherwise transfer any rights or licenses under these Terms, without restriction and without prior notice to you. No term or provision herein is meant or intended to benefit any third-party.  Neither you nor Hokua Health will be deemed to have any liability whatsoever to the other or to any third-party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, pandemic, governmental regulatory action, whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.  Notwithstanding the foregoing, users are not excused under any circumstances from paying Hokua Health all fees and monies owed when due.  The failure of a party to insist upon strict and prompt performance by the other party of the terms and conditions hereunder, and the acceptance of such performance by the other party thereafter, shall not constitute a waiver or relinquishment of the party’s right to insist upon strict performance in the event of a continuous or subsequent default by other party. If any one or more of the provisions herein should be invalid, illegal or unenforceable in any respect, such provision(s) shall be severed to the extent of its invalidity, illegality, and enforceability, and the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.  This Agreement shall be binding upon and inure to the benefit of each party and their respective heirs, devisees, personal representatives, successors in trust, successors and permitted assigns. These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of Hawaii without regard to conflicts of law principles.  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 or your use of the Site. All provisions of these Terms that specifically state that they shall survive expiration or termination, or which by their nature should survive expiration or termination, will remain in effect after expiration or termination of these Terms.  A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

Contact Information

Hokua Health welcomes your questions or comments regarding this Privacy Policy.

Please contact us at:

Hokua Health

Email: info@hokuahealth.com

Effective as of January 16, 2019
Last Updated: August 28, 2023