Terms of Service

Thank you for visiting OurBestShotHawaii.org. By visiting and using this web site, its subpages, and content, you are agreeing to the Terms of Use.

Definition

As used in these terms of access and use, “web site” means and refers to all or any portion of an official State of Hawaiʻi government web site (including but not necessarily limited to pages with web addresses that contain “https://hawaiicovid19.com/”, “hawaii.gov” or “eHawaii.gov”), subpages and content.

As used in these terms of access and use, “content” includes the information, material, documents, text, graphics, images, logos, and HTML programming format (including meta tags or the meta http-equivalent), and scripts.

Security and Monitoring Notice

This web site reserves the right to collect navigational information about its users such as:

the name of the domain from which the site was accessed;

the date and time the site was accessed; and

the site address (also called the URL) of the link clicked to access the site.

For site security purposes, all network traffic is monitored in order to identify unauthorized attempts to upload or change information, or otherwise conduct criminal activity. In connection with authorized law enforcement investigations and pursuant to required legal process, navigational information may be used to assist in obtaining personally identifiable information.

Furthermore, to protect this web site as well as the associated computer system supporting the web site from unauthorized use and to ensure that the computer system is functioning properly, individuals accessing this web site and the associated computer system are subject to having all of their activities monitored and recorded by personnel authorized to do so by the State of Hawaiʻi. Anyone using this web site and the associated computer system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, State of Hawaiʻi personnel may provide the results of such monitoring to appropriate officials. Unauthorized attempts to upload or change the content of the web site, or otherwise cause damage to this web site or the computer system are strictly prohibited and may be punishable under applicable law.

Notice That Web Site May Change Without Notice

This web site is provided as a public service. This web site is dynamic and will change over time WITHOUT NOTICE. Users of this web site are therefore fully responsible for checking the accuracy, completeness, currency and suitability of content found on the web site themselves.

In addition, the State of Hawaiʻi may suspend or discontinue some or all of this public service at any time, or it may elect to charge a fee for access to or use of this public service.

Disclaimer of Warranties

This web site is provided “AS IS” and without warranties of any kind. To the fullest extent of the law, the State of Hawaiʻi, including each agency, officer, or employee of the State of Hawaiʻi, disclaims all warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, with respect to this web site; this disclaimer of warranties includes but is not limited to disclaimers as regards the following: (1) that the functioning of this web site will be uninterrupted and error-free; (2) that any defects or other errors on this web site will be corrected; and (3) that this web site as well as the computer system are or will be free of viruses or other harmful components.

In addition, neither the State of Hawaiʻi nor any agency, officer, or employee of the State of Hawaiʻi makes any representations, guarantees, or warranties as to: (1) the accuracy, completeness, currency, or suitability of the information provided via this web site; (2) the use of or the results of the use of this web site; and (3) the accuracy, reliability, availability or completeness or usefulness of the content of web sites created and maintained by persons other than the State of Hawaiʻi and linked to or from this web site.

Limitation of Liability

Under no circumstances, including but not limited to, negligence, shall the State of Hawaiʻi nor any agency, officer, or employee of the State of Hawaiʻi be liable for any special, consequential and/or incidental damages that may result from the use of or the inability to access or use this web site, even if the State of Hawaiʻi has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the State of Hawaiʻi’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence), or otherwise) exceed the amount paid by you, if any, to access this web site.

Links to External Web Sites and Pages

This web site may contain hypertext links to external sites and pages containing information created and maintained by public and private organizations other than the State of Hawaiʻi. These hypertext links may be created by the State of Hawaiʻi if it determines that establishing the external link will be consistent with assisting or furthering the purpose of this web site which is to significantly and diligently promote public service to citizens and businesses by:

expanding business and citizen access to government services and government information;

offering an easy and convenient process for businesses and citizens to conduct transactions with State government online;

accelerating the development and delivery of an increased volume of quality, online government services;

improving the level of customer service from State government; and

extending electronic government services to citizens of cities and county government.

In addition, hypertext links may be created by the State of Hawaiʻi for informational purposes, that is, where the linked external web site will provide useful and valuable information to visitors to this web site, or where the linked external web site is required or authorized by law.

The State of Hawaiʻi, in its sole discretion, will determine whether the external web site meets the purpose of this web site or for the specified informational purposes. The inclusion of a hypertext link to an external web site is not intended as an endorsement of any products or service offered or referenced on the linked web site, the organizations sponsoring such web site, or any views which might be expressed or referenced in the web site.

These hypertext links to external sites and pages may be removed or replaced in the sole discretion of the State of Hawaiʻi, at any time without notice.

In the event you discover problems with or have concerns regarding the format, accuracy, timeliness or completeness of a linked external site, please contact the organization responsible for the linked external site – the State of Hawaiʻi does not control nor is it responsible for any linked external sites and pages.

Disclaimer of Endorsement

Any reference in this web site to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the State of Hawaiʻi.

Legal Notices

Pursuant to the Digital Millennium Copyright Act (1998), notifications of claimed infringement using State of Hawaiʻi services should be filed with:

Chief Information Officer

State of Hawaiʻi

Address:

Office of Enterprise Technology Services, State of Hawaiʻi
P.O. Box 119
Honolulu, HI 96810-0119

Telephone: (808) 586-6000
Fax: (808) 586-1922
Email: dmca@hawaii.gov

Jurisdiction

This web site is provided as a public service using an associated computer system located within the State of Hawaiʻi. Any person choosing to access and use this web site is subject to the jurisdiction of the State of Hawaiʻi.

These terms shall be governed by and construed in accordance with the laws of the State of Hawaiʻi. Any dispute arising out of or relating to these terms, or access and use of this web site shall be decided under the laws of and in the state courts in the State of Hawaiʻi, and you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of adjudicating such dispute.

Severability

If any provision in these terms shall be determined to be unlawful, void or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of the remaining provisions.